Notice2023-01792
Notice of Lodging of Proposed Consent Decree under the Clean Air Act
Primary source
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Published
January 30, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Page 5921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01792]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree under the Clean Air
Act
On January 24, 2023, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Delaware in the lawsuit entitled United States v. Genesee & Wyoming
Railroad Services, Inc., et a., Civil Action No. 1:23-cv[dash]00084-
UNA.
The Complaint alleges claims for penalties and injunctive relief
under the Clean Air Act, 42 U.S.C. 7413, arising from Defendants' non-
compliance with regulations pertaining to locomotives promulgated by
the Environmental Protection Agency. The proposed Consent Decree
resolves these claims and requires Defendants and affiliated non-
defendants who also own and operate locomotives to pay a penalty of
$1,350,000, undertake various actions to facilitate their compliance
with applicable locomotive regulations, and remove eighty-eight older
and high emission locomotives from service to mitigate the harm caused
by their violations.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States v. Genesee & Wyoming Railroad Services,
Inc., et al. D.J. Ref. No. 90-5-2-1-12479. 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#99e9ecfbfaf6f4f4fcf7edb4fcfceab7fcf7ebfdd9eceafdf6f3b7fef6ef"><span class="__cf_email__" data-cfemail="52222730313d3f3f373c267f3737217c373c2036122721363d387c353d24">[email 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 $11.25 (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. 2023-01792 Filed 1-27-23; 8:45 am]
BILLING CODE 4410-15-P
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