THE CLEAN AIR ACT PROHIBITS ANY PERSON FROM SELLING OR DISTRIBUTING DIESEL FUEL USE IN MOTOR VEHICLES WHICH CONTAIN A SULFUR CONTENT IN EXCESS OF .05 PERCENT WEIGHT. BEGINNING IN SEPTEMBER 1996 UNTIL LATE 1997, RYMES HAD A CONTRACT WITH THE NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION TO PROVIDE NHDOT WITH COMPLYING (SULFUR) DIESEL FOR USE IN ITS MOTOR VEHICLES. ON AT LEAST 112 SEPARATE OCCASIONS DURING THE TERM OF THE CONTRACT, RYMES SOLD NONCOMPLYING, HIGH SULFUR FUEL (NAME HOME HEATING OIL OR #2 FUEL OIL ) TO NHDOT, IN VIOLATION OF THE ACT AND THE DIES REGULATIONS AT 40 CFR PART 80. THIS IS A JUDICIAL REFERRAL TO DOJ FOR THE COMMENCEMENT OF A CIVIL ACTION IN U.S. DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. THIS ACTION SEEKS MONETARY PENALTIES AND INJUNCTIVE RELIEF TO DETER VIOLATIONS BY RYMES AND OTHERS WITHIN THE REGULATED COMMUNITY.