[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Notices]
[Pages 27276-27277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12978]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Resource 
Conservation and Recovery Act

    In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is 
hereby given that a proposed consent decree in United States v. 
Somerset Refinery Inc., Civil Action No. 93-186, was lodged on April 
28, 1997 with the United States Court for the Eastern District of 
Kentucky. The second amended complaint was brought pursuant to Sections 
3005, 3008, and 9006 of the Resource Conservation and Recovery Act 
(RCRA), 42 U.S.C. Secs. 6925, 6928 and 6991e against Somerset Refinery, 
Inc. and Somerset Oil, Inc. (Somerset). The second amended complaint 
sought civil penalties and injunctive relief. Somerset owns and 
operates a small petroleum refinery located in Somerset, Kentucky. The 
second amended complaint alleged numerous RCRA violations based on the 
unpermitted treatment, storage, and disposal of various hazardous 
wastes at Somerset's refining facility. Most of these violations relate 
to the facility's petroleum wastewater treatment system. In addition, 
Somerset owns and operates approximately 250 underground storage tanks 
for gasoline, diesel, and other petroleum products at service stations 
throughout eastern Kentucky. The second amended complaint alleged 
numerous violations of the RCRA petroleum underground storage tank 
(UST) regulations, 40 CFR part 280.
    Under the terms of the consent decree, Somerset will be required to 
perform corrective action pursuant to Section 3008(h) of RCRA, 42 
U.S.C. Sec. 6928(h), at the Somerset refinery, which EPA has estimated 
will cost in excess of $4 million. Somerset will also pay a civil 
penalty in the amount of $200,000 and will perform a Supplemental 
Environmental Project involving remediation of abandoned USTs in 
eastern Kentucky.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Somerset Refinery, Inc., DOJ Ref. #90-7-1-714.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Eastern District of Kentucky, 110 West Vine 
Street, Suite 400, Lexington, Kentucky 40507; the Region 4 Office of 
the Environmental Protection Agency, 100 Alabama Street, S.W., Atlanta, 
Georgia 30303; and at the Consent Decree Library, 1120 G Street, N.W., 
4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 
proposed consent decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005. In requesting a copy please refer to the referenced case 
and enclose a check in the amount of $6.25 (25 cents

[[Page 27277]]

per page reproduction costs), payable to the Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-12978 Filed 5-16-97; 8:45 am]
BILLING CODE 4410-15-M