Notice of Lodging of Proposed Consent Decree Under the Clean Air Act and The Federal Debt Collection and Procedures Act

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Published

August 8, 2022

Issuing agencies

Justice Department

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<title>Federal Register, Volume 87 Issue 151 (Monday, August 8, 2022)</title>
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[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Notices]
[Page 48199]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16880]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act and The Federal Debt Collection and Procedures Act

    On July 28, 2022, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Western 
District of Arkansas in the lawsuit entitled United States v. Thunder 
Diesel & Performance Co., et al., Civil Action No. 3:22-cv-03042.
    The United States filed this lawsuit under the Clean Air Act. The 
United States' complaint names Thunder Diesel & Performance Co., Red 
Deer Exhaust, Inc. (d/b/a Flo~Pro), and Schumacher Estates LTD as 
defendants. The complaint seeks injunctive relief and civil penalties 
for violations of the regulations that govern the manufacture and sale 
of aftermarket automobile parts that bypass or defeat emission controls 
on diesel trucks, which were manufactured and sold by Flo~Pro to 
retailers and sold by Thunder Diesel in Mountain Home, Arkansas to 
consumers. The complaint also seeks recovery of fraudulent financial 
transfers made by Thunder Diesel to Schumacher Estates LTD. The consent 
decree requires the defendants to perform injunctive relief and pay a 
$1.6 million civil penalty.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Thunder Diesel & Performance Co., 
et al., D.J. Ref. No. 90-5-2-1-12234. 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:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#d3a3a6b1b0bcbebeb6bda7feb6b6a0fdb6bda1b793a6a0b7bcb9fdb4bca5"><span class="__cf_email__" data-cfemail="aededbcccdc1c3c3cbc0da83cbcbdd80cbc0dccaeedbddcac1c480c9c1d8">[email&#160;protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $13.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-16880 Filed 8-5-22; 8:45 am]
BILLING CODE P


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