Notice of Lodging of Proposed Modification of Consent Decree Under the Clean Air Act, 7706 [2025-01392]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
7706
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices
The United States, on behalf of the
Environmental Protection Agency
(‘‘EPA’’), filed a Complaint in this
lawsuit seeking civil penalties and
injunctive relief from Defendants for
alleged violations of title II of the Clean
Air Act, as amended, 42 U.S.C. 7521–
7590, and the regulations promulgated
thereunder, which aim to protect human
health and the environment by reducing
emissions of nitrogen oxides (‘‘NOX’’)
and other pollutants from mobile
sources of air pollution, including new
engines for motor vehicles and nonroad
equipment. The State of California has
filed a separate Complaint alleging
corresponding claims for civil penalties
and injunctive relief against Defendants
under the Clean Air Act’s citizen suit
provisions, 42 U.S.C. 7404(a)(1), and
California laws and regulations.
When the United States’ Complaint
was filed, the United States also lodged
a proposed Consent Decree among the
United States on behalf of EPA, the
People of the State of California on
behalf of the the California Air
Resources Board, and Defendants (the
‘‘Joint Consent Decree’’). If approved by
the Court, the Joint Consent Decree
would resolve the claims against
Defendants in the United States’
Complaint on behalf of EPA, as well as
related claims by U.S. Customs and
Border Patrol and the National Highway
Transportation and Safety
Administration. The Joint Consent
Decree would also partially resolve the
claims against Defendants in the
California Complaint. On January 15,
2025, California filed a separate
proposed Consent Decree between
Defendants and California (the
‘‘California Partial Consent Decree’’).
The California Partial Consent Decree
would resolve the remaining claims in
the California Complaint.
The Joint Consent Decree would
require Defendants to: (i) pay a civil
penalty of $525,000,000; (ii) take steps
to remedy the alleged violations,
including conducting a vehicle recall
program to modify model year 2017–
2019 J05E and J08E truck engines; (iii)
implement a corporate compliance
program; and (iv) perform mitigation
projects to offset 100% of the excess
NOX and other pollutant emissions
caused by Defendants’ violations.
The California Partial Consent Decree
would resolve California state claims for
a proportional amount of the civil
penalty recovered under the Joint
Consent Decree and for an additional
payment for a mitigation program in
California administered by the
California Air Resources Board.
The publication of this notice opens
a period for public comment on the
VerDate Sep<11>2014
18:16 Jan 21, 2025
Jkt 265001
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Hino Motors, Ltd., et
al., D.J. Ref. No. 90–5–2–1–12485. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
Any comments submitted in writing
may be filed in whole or in part on the
public court docket without notice to
the commenter.
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing the
proposed Consent Decree, you may
request assistance by email or by mail
to the addresses provided above for
submitting comments.
Eric D. Albert,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2025–01481 Filed 1–21–25; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Modification of Consent Decree Under
the Clean Air Act
On January 14, 2025, the Department
of Justice lodged a proposed
Modification to a Consent Decree with
the United States District Court for the
Northern District of Ohio, in the lawsuit
entitled United States v. Buckeye Egg
Farm, LLC., et al, Civil Action No. 3:03–
CV–0768 (2004 N.D. OH).
In 2004, EPA and DOJ entered into a
Consent Decree (‘‘CD’’) with the interrelated predecessors of Ohio Fresh Eggs,
LLC (‘‘OFE’’) to resolve Clean Air Act
(‘‘CAA’’) violations at several of
defendants’ barns in Ohio that house
egg-laying chickens. The CD required
OFE, which had purchased the
facilities, to install particulate matter
(‘‘PM’’) control equipment and
implement best management practices
to reduce ammonia emissions. In 2017,
PO 00000
Frm 00053
Fmt 4703
Sfmt 9990
the lessee of OFE’s facilities requested
termination of the CD. EPA conducted
an inspection of the facilities and found
numerous violations of the CD. The
proposed Modification amends the CD
to resolve these violations by providing
alternative injunctive relief approved by
EPA that will achieve the emission
reduction goals of the CD and requiring
payment of $5,816,250 in penalties for
violations of CD requirements to install
and operate emissions controls and to
submit quarterly reports.
The publication of this notice opens
a period for public comment on the
proposed Modification of the Consent
Decree. Comments should be addressed
to the Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States v. Buckeye Egg Farm, LLC et al.,
D.J. Ref. No. 90–5–2–1–07262. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
Any comments submitted in writing
may be filed by the United States in
whole or in part on the public court
docket without notice to the commenter.
During the public comment period,
the Modification of the Consent Decree
may be examined and downloaded at
this Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing the
Modification of the Consent Decree, you
may request assistance by email or by
mail to the addresses provided above for
submitting comments.
Patricia McKenna,
Deputy Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2025–01392 Filed 1–21–25; 8:45 am]
BILLING CODE 4410–15–P
E:\FR\FM\22JAN1.SGM
22JAN1
Agencies
[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Page 7706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01392]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Modification of Consent Decree
Under the Clean Air Act
On January 14, 2025, the Department of Justice lodged a proposed
Modification to a Consent Decree with the United States District Court
for the Northern District of Ohio, in the lawsuit entitled United
States v. Buckeye Egg Farm, LLC., et al, Civil Action No. 3:03-CV-0768
(2004 N.D. OH).
In 2004, EPA and DOJ entered into a Consent Decree (``CD'') with
the inter-related predecessors of Ohio Fresh Eggs, LLC (``OFE'') to
resolve Clean Air Act (``CAA'') violations at several of defendants'
barns in Ohio that house egg-laying chickens. The CD required OFE,
which had purchased the facilities, to install particulate matter
(``PM'') control equipment and implement best management practices to
reduce ammonia emissions. In 2017, the lessee of OFE's facilities
requested termination of the CD. EPA conducted an inspection of the
facilities and found numerous violations of the CD. The proposed
Modification amends the CD to resolve these violations by providing
alternative injunctive relief approved by EPA that will achieve the
emission reduction goals of the CD and requiring payment of $5,816,250
in penalties for violations of CD requirements to install and operate
emissions controls and to submit quarterly reports.
The publication of this notice opens a period for public comment on
the proposed Modification of the Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and should refer to United States v. Buckeye Egg
Farm, LLC et al., D.J. Ref. No. 90-5-2-1-07262. All comments must be
submitted no later than thirty (30) days after the publication date of
this notice. Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
Any comments submitted in writing may be filed by the United States
in whole or in part on the public court docket without notice to the
commenter.
During the public comment period, the Modification of the Consent
Decree may be examined and downloaded at this Justice Department
website: https://www.justice.gov/enrd/consent-decrees. If you require
assistance accessing the Modification of the Consent Decree, you may
request assistance by email or by mail to the addresses provided above
for submitting comments.
Patricia McKenna,
Deputy Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2025-01392 Filed 1-21-25; 8:45 am]
BILLING CODE 4410-15-P