THIS IS AN ADMIN PENALTY COMPLAINT AND CONSENT AGREEMENT/ FINAL ORDER (CA/FO) SIMULTANEOUSLY COMMENCING AND CLOSING THE ACTION PURSUANT TO SECTION 109 OF CERCLA 42 USC 9609 AND SECTION 325 OF EPCRA, 42 USC 11045, WHICH WAS ISSUED TO VALLEY REFINING, L.L.C. THE VIOLATION INVOLVES FAILURE TO IMMEDIATELY NOTIFY THE NRC, SERC AND LEPC OF A RELEASE ON NOVEMBER 9, 1999 OF APPROXIMATELY 105 POUNDS OF DIPHENYL, A CERCLA HAZARDOUS SUBSTANCE, FAILURE TO PROVIDE NOTIFICATION ON THAT RELEASE TO THE SERC AND LEPC; AND FAILURE TO PROVIDE ANNUAL HAZARDOUS MATERIAL INVENTORY TO THE SERC AND LEPC FOR REPORTING YEARS 1997, 1998 AND 1999. THE COMPLAINT ASSESSED A PENALTY OF $39,993 WHICH WAS AGREED IN SETTLEMENT UNDER THE CA/FO.