03/08/99 - ON FEBRUARY 19, 1998, EPA CONDUCTED A RANDOM INSPECTION OF RESPONDENT, A WHOLESALE PURCHASER-CONSUMER. IN TEXAS. EPA INSPECTED ONE LOW SULFUR DIESEL FUEL STORAGE TANK, ONE HIGH SULFUR DIESEL FUEL STORAGE TANK, AND THE PROPULSION TANKS OF SIX MOTOR VEHICLES OWNED, OPERATED AND CONTROLLED BY RESPONDENT. AS A RESULT OF THE INSPECTION IT WAS DETERMINED THAT THE FUEL IN THE SADDLE TANKS OF THREE OF THE VEHICLES WERE FOUND TO CONTAIN RE DYED HIGH SULFUR FUEL. AFTER CONSIDERING THE GRAVITY OF THE ALLEGED VIOLATIONS, AND RESPONDENTS HISTORY OF COMPLIANCE WITH THE REGUALTIONS, EPA DETERMINED TO REMIT AND MITIGATE THE PROPOSED PENALTY FROM $9,000 TO $6,300.