THIS ACTION IS NECESSARY TO BRING APPX. 32 GAS STATIONS OWNED BY THE DEFENDANTS IN THE NYC AREA INTO COMPLIANCE WITH CE WITH THE UNDERGROUND STORAGE TANK (UST) REQUIREMENTS AND TO SEND A STRONG SIGNAL TO RECALCITRANT DEFENDANTS. THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INITIALLY REFERRED THIS CASE TO EPA DUE TO DEFENANTS' NUMEROUS VIOLATIONS OF BOTH STATE AND FEDERAL UST REGUAL- IONS AT A LARGE NUMBER OF GAS STATIONS IN THE NYC AREA. ** VIOLATIONS OF THE RELEASE DETECTION AND SITE ASSESSMENT RE- QUIREMENTS ARE BOTH CONSIDERED MAJOR VIOLATIONS UNDER THE EPA PENALTY GUIDANCE FOR VIOLATIONS OF UST REGULATIONS. THE POTENTIAL EXISTS THAT SUSPECTED PAST AND PRESENT IM- PROPER OPERATIONS AT DEFENDANTS' GAS STATIONS HAVE CONTRIBU- TED AND CONTINUE TO CONTINUE TO CONTRIBUTE TO THE PRESENCE OF UNDETECTED RELEASES FROM THE USTS SYSTEMS AT THESE FACILITIES. * EPA IS REQUESTING THE INITIATION OF A JUDICIAL ACTION TO COMPEL THE DEFENDANTS' STRICT COMPLIANCE WITH REGULATORY REQUIREMENTS, TO ASSURE ANY NECESSARY REMEDIAL ACTIONS, AND TO ASSESS A CIVIL PENALTY FOR THE ALLEGED VIOLATIONS. THE DEFENDANTS CLAIM TO USE DIVERSE METHODS OF RELEASE DETECTION, BUT THEIR METHODS DO NOT COMPLY WITH REGULATORY REQUIREMENTS. MANY STATIONS HAVE RELEASE