Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v.

Tropicana Energy Company, et al., Civil Action No. 3:92-CV-0668-P, was

lodged on December 21, 1993 with the United States District Court for

the Northern District of Texas. The Consent Decree resolves an action

for civil penalties and injunctive relief brought under section 211(c)

of the Clean Air Act, 42 U.S.C. 7545(c), and the regulations

promulgated thereunder at 40 CFR part 80, for violations of the

applicable gasoline volatility standards, which occurred in the States

of Texas, Illinois, and Tennessee. Under the Consent Decree, defendant

Tropicana Energy Company has agreed to pay a civil penalty in the

amount of $1,000,000 to the United States. In addition, defendants

Tropicana Investments Partnership, Linda Pescosolido (as personal

representative of the estate of Carl A. Pescosolido, Jr.), and J. Kent

Burt have agreed to pay a combined civil penalty in the amount of

$100,000 to the United States. The Consent Decree also enjoins

defendant J. Kent Burt and any corporation, partnership or association

that he has an ownership interest in or substantially supervises or

controls from violating section 211(c) of the Clean Air Act and its

implementing regulations set forth at 40 CFR part 80.

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, DC 20530, and should refer to United

States v. Tropicana Energy Company, et al., DOJ Ref. #90-5-2-1-1214A.

The proposed consent decree may be examined at the office of the

United States Attorney, U.S. Federal Building and Courthouse, 1100

Commerce Street, room 16G28, Dallas, Texas 75242; the Office of Air and

Radiation, United States Environmental Protection Agency 401 M Street,

SW., Washington, DC 20460; and at the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 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, NW., 4th Floor, Washington,

DC 20005. In requesting a copy please refer to the referenced case and

enclose a check in the amount of $4.00 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

John C. Cruden,

Chief, Environment and Natural Resources Division.

[FR Doc. 94-799 Filed 1-11-94; 8:45 am]

BILLING CODE 4410-01-M