PRE-REFERRAL SETTLEMENT NEGOTIATIONS U.S. V. NYC. * THE CLEAN AIR ACT, SECTION 110, AS AMENDED, 42 U.S.C. SECT. 7410. * THE CITY OF NEW YORK OWNS AND/OR OPERATES OVER 300 GASOLINE REFUELING FACILITIES AT VARIOUS LOCATIONS WITHIN ITS FIVE BOROUGHS. EPA HAS FOUND THAT AT 55 OF THESE FACILITIES, THE CITY IS PERMITTING THE TRANSFER OF GASOLINE FROM TRANSPORT VEHICLES INTO UNDERGROUND SITETANKS WHICH ARE NOT CURRENTLY EQUIPTED WITH STAGE I VAPOR RECOVRERY AND CONTROL EQUIPMENT IN VIOLATIN OF 6 NYCRR PART 230. FURTHER, EPA FINDS THAT THE CITY IS PERMITTING THE TRANSFER OF GASOLINE FROM SITE- TANKS TO VARIOUS VEHICLES AT 3 OF THESE FACILITIES IN VIO- LATION OF THE STAGE II VAPOR RECOVERY AND CONTROL REQUIRE- MENTS OF PART 230. * THE PROPOSED RELIEF SOUGHT. AN INJUNCTION MANDATING THAT THE CITY OF NEW YORK AND ALL OF ITS APPLICABLE DEPARTMENTS AND AGENCIES HALT THE TRANSFER OF GASOLINE AT ANY OF THEIR SUBJECT FACILITIES IN VIOLATION OF 6 NYCRR PART 230 AND CIVIL PENALTIES FOR PAST VIOLATIONS. * SIGNIFICANT ASPECTS: *