EPA v. PENNZOIL-QUAKER STATE COMPANY, A DELAWARE CORPORATION

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928(A). SECTION 309 OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319. 2. PENNZOIL-QUAKER STATE COMPANY, A DELAWARE CORPORATION 3333 MIDWAY STREET SHREVEPORT, CADDO PARISH, LOUISIANA 71133 3. RESPONDENT WAS IN VIOLATION OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) OF SECTION 111 OF THE CAA BY 1) VIOLAT- ING THE 250 PPM SO2 LIMIT SET FORTH IN 40 CFR SECTION 60. 100; AND 2) FAILING TO CAP OR PLUG AN OPEN-ENDED VALVE AS REQUIRED. THE RESPONDENT WAS IN VIOLATION OF SECTIONS 3004(A) AND 3005 OF RCRA BY 1) FAILURE TO MEET CONDITIONS OF STORAGE PERMIT EXEMPTIONS FOR LESS THAN 90 DAYS STORAGE AREA; AND 2) FAILURE TO PROPERLY PREPARE HAZARD- OUS WASTE MANIFEST AS REQUIRED. THE RESPONDENT WAS IN VIOLATION OF SECTION 301 OF THE CWA BY 1) FAILURE TO COM- PLY WITH EFFLUENT LIMITATIONS AS REQUIRED BY THE STATUTE, REGULATIONS AND THE CONDITIONS STATED IN THE DEFENDANT'S NPDES PERMIT; AND 2) FAILURE TO UTILIZE AN EPA-APPROVED SULFATE METHOD IN LABORATORY ANALYSIS OF EFFLUENT SAMPLES AS REQUIRED BY THE STATUTE, REGULATIONS, AND THE CONDI- TIONS STATED IN THE DEFENDANTS'S NPDES PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 113 OF THE CAA, 3008(A) OF RCRA, AND 309 OF THE CWA, EPA REFERRED THIS DIRECT MULTI-MEDIA REFERRAL TO DOJ REQESTING DOJ TO INI- TIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND FOR CIVIL PENALTIES AGAINST THE RESPONDENT, PENNZOIL- QUAKER STATE COMPANY. EPA IS REQUESTING PROPOSED CIVIL PENALTIES OF $572,600 FOR THE CAA VIOLATIONS; AND $8,185 FOR THE RCRA VIOLATIONS. THE CWA PENALTIES ARE FORTHCOM- ING. 5. REGIONAL CONTACTS: JOH L. JONES - 6EN-AA (AIR) KIMEKA PRICE JOHNSON - 6EN-HS (RCRA) MONA TATES - 6EN-WO (WATER) Penalty recieved on January 31, 200

Defendants (1)

• PENNZOIL-QUAKER STATE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PENNZOIL-QUAKER STATE COMPANY

  3546 MIDWAY, SHREVEPORT, LA, 71109

  Registry ID: 110000540317

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CWA 301 — NPDES Discharge without a Permit
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• Pennzoil-Quaker State Judicial Settlemententered 2003-01-09

  Primary law: CAA

  Federal penalty: $495,000

Timeline (7 milestones)

• 1999-06-30Referred To Dept Of Justice
• 1999-07-02Enforcement Action Data Entered
• 2002-12-31Complaint Filed With Court
• 2002-12-31Final Order Lodged
• 2003-01-09Final Order Entered
• 2003-01-31Enforcement Action Closed
• 2003-01-31Concluded