Notice2023-07158
Notice of Lodging of Proposed Consent Decree Under the Clean Air Act
Primary source
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Published
April 6, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Page 20554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07158]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On March 31, 2023, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Central
District of Illinois in the lawsuit entitled United States v. River
City Diesel LLC et al., Civil Action No. 1:22-cv-01289-JES-JEH.
The proposed Consent Decree resolves claims in the Complaint, filed
on August 30, 2022, in this matter which sought injunctive relief and
civil penalties for violations of Title II of the Clean Air Act by
River City Diesel, LLC (``RCD''), RCD Performance, LLC (``RCDP''),
Midwest Truck and 4WD Center, LLC (``Midwest Truck''), and Joshua L.
Davis (collectively, ``Defendants''). The alleged violations relate to
the manufacture, sale, and installation of aftermarket products for
motor vehicles or motor vehicle engines and for tampering with motor
vehicles and motor vehicle engines. The Complaint also alleged
fraudulent transfers intended to avoid a debt of the United States in
violation of the Federal Debt Collection Procedures Act. 28 U.S.C.
3304(b)(2); 28 U.S.C. 3304(b)(1)(A). The proposed Consent Decree
requires injunctive relief and payment of a civil penalty of $600,000,
which is based on Defendants' financial situation, to be made in two
equal payments.
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 of the Environment and Natural Resources
Division, Todd Kim, and should refer to United States v. River City
Diesel LLC et al., D.J. Ref. No. 90-5-2-1-12233. 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#55252037363a3838303b21783030267b303b2731152026313a3f7b323a23"><span class="__cf_email__" data-cfemail="cababfa8a9a5a7a7afa4bee7afafb9e4afa4b8ae8abfb9aea5a0e4ada5bc">[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="http://www.justice.gov/enrd/consent-decrees">http://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 $16.25 (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. 2023-07158 Filed 4-5-23; 8:45 am]
BILLING CODE 4410-15-P
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</html>Indexed from Federal Register on April 6, 2023.
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