Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

Notice is hereby given that on October 9, 1998, a proposed consent

decree in United States v. Glendale Fuel Oil Corporation, et al., Civil

Action No. 96-CV-4225, was lodged with the United States District Court

for the Eastern District of New York.

In this action, the United States alleged that the Defendants

Glendale Fuel Oil Corporation, Finest Fuel Oil Corporation, Finest/

Glendale Energy Group, Ltd., Angelo Pedone, John LaPreziosa, Philip

Amico and Marshall Fisco violated the low-sulfur motor vehicle diesel

fuel requirements of the Clean Air Act (Act), 42 U.S.C. 7545(g)(2) and

(I), and the regulations promulgated thereunder, 40 C.F.R. Part 80, by

causing and allowing the introduction into motor vehicles, as well as

the sale and transportation, of diesel fuel which contained

concentrations of sulfur in excess of 0.05 percent by weight. The

proposed consent decree resolves the United States' claims against the

Defendants. Under the terms of the proposed consent decree, the

Defendants will, inter alia, refrain from further violations of the Act

and pay a civil penalty in the amount of $130,000.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments relating to the

proposed partial consent decree. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States v. Glendale Fuel Oil Corporation, et al., Civil

Action No. 996-CV-4225, D.J. Ref. 90-5-2-1-2065.

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

United States Attorney, Eastern District of New York, One Pierrepont

Plaza, 14th Floor, Brooklyn, New York 11201, at the U.S. Environmental

Protection Agency, 401 M Street, S.W., Washington, D.C. 20460, and at

the Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,

D.C. 20005. A copy of the proposed consent decree may be obtained in

person or by mail from the Consent Decree Library, 1120 G Street, N.W.,

3rd Floor, Washington, D.C. 20005. In requesting a copy, please enclose

a check in the amount of $5.00 (25 cent per page reproduction cost).

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-28734 Filed 10-26-98; 8:45 am]

BILLING CODE 4410-15-M