On December 31, 2002, EPA, Region III, filed a Consent Agreement and Final Order ( CAFO ), simultaneously commencing and resolving alleged violations by Robert J. Welsh d/b/a Town & Country Auto Parts & Service ( Respondent ) of RCRA Subtitle I, 42 U.S.C. ���� 6991-6991i, and the State of West Virginia's underground storage tank ( UST ) regulations at Respondent's Spencer, West Virginia, facility. The CAFO alleges that four USTs at Respondent's facility had not been upgraded nor permanently closed, in violation of WVUSTR �� 33-30-2.1 (40 C.F.R. �� 280.21) and WVUSTR �� 33-30-2.1 (40 C.F.R. ���� 280.70(c) and 280.71-74). Pursuant to the CAFO, Respondent has agreed to return to compliance within 90 days of the effective date of the CAFO. Based on financial information submitted by Respondent, EPA has determined that Respondent is unable to pay a penalty for the alleged violatio