# Lodging of Consent Decree Pursuant to the Clean Air Act

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-799

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** January 12, 1994

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-799. Public record. Not legal advice.
