EPA v. QUAKER STATE CORP

Case summary

QUAKER STATE DISCLOSE THE VIOLATIONS ON NOVEMBER 13, 1998. EPA HAS DETERMINED THAT THE PENNZOIL-QUAKER STATE IS NOT ELIGIBLE FOR A 100% CIVIL PENALTY MITIGATION UNDER THE EPA'S INCENTIVES FOR SELF-POICING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS, 65 FED. REG. 19618 (APRIL 11, 2000) ( SELF-DISCLOSURE POLICY ) BECAUSE THE VIOLATIONS WERE NOT DETECTED THROUGH AN ENVIRONMENTAL AUDIT OR A COMPLIANCE MANAGEMENT SYSTEM. HOWEVER, PENNZOIL-QUAKER STATE IS ELIGIBLE FOR A 75% REDUCTION OF GRAVITY-BASED PENALTY. SUBJECT TO THE TERMS OF THIS NOTICE OF NONCOMPLIANCE, EPA DOES NOT INTEND TO PURSUE PENALTIES AT THIS TIME. SINCE THE VIOLATIONS OCCURRED IN 1994, THE 5-YEAR STATUTE OF LIMITATIONS HAS EXPIRED. THEREFORE, WE RECOMMEND RESOLVING THE SELF-DISCLOSURE THROUGH ISSUANCE OF A NOTICE OF NONCOMPLIANCE AND NOT ASSESSING A CIVIL PENALTY AGAINST PENNZOIL-QUAKER STATE FOR THE DISCLOSED VIOLATIONS.

Defendants (1)

• QUAKER STATE CORPNamed in settlement

Facilities (2)

• ERGON WEST VIRGINIA REFINERY (A.K.A CONGO REFINERY)

  2750 CONGO ROAD, NEWELL, WV, 26050

  Registry ID: 110027982565

• ERGON WEST VIRGINIA REFINERY (A.K.A CONGO REFINERY)

  2750 CONGO ROAD, NEWELL, WV, 26050

  Registry ID: 110027982565

Statutes cited

• TSCA 8 — Reporting & Retention of Information

Timeline (3 milestones)

• 2002-01-18Enforcement Action Data Entered
• 2002-03-27Complaint Filed/Proposed Order
• 2002-03-27Enforcement Action Closed