Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

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Published

September 7, 2023

Issuing agencies

Justice Department

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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Page 61614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19251]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On August 31, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Texas in the lawsuit entitled United States v. Tadano 
Limited, et al., Case No. 4:23-cv-03232.
    The United States filed a Complaint, on behalf of the United States 
Environmental Protection Agency, against Tadano Limited and its 
subsidiaries Tadano America Corp., Tadano Faun GMBH, and Tadano Mantis 
Corp, alleging violations of sections 203(a) and 213(d) of the Clean 
Air Act, 42 U.S.C. 7522(a)(1) and 7547(d), and implementing 
regulations, by their importation, introduction into commerce, and sale 
of heavy nonroad construction equipment containing diesel engines that 
were not certified to model year engine emission standards. The 
Complaint also alleges related violations of reporting requirements and 
seeks civil penalties and appropriate injunctive relief.
    Under the proposed Consent Decree, the Defendants will collectively 
pay a civil penalty of $40 million and will complete a project to 
mitigate harm caused by excess nitrogen oxide (NOx) and particulate 
matter (PM) emissions from the noncompliant engines.
    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. Tadano Limited, et al., Case No. 
4:23-cv-03232, D.J. Ref. No. 90-5-2-1-12161. 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#f787829594989a9a929983da929284d992998593b7828493989dd9909881"><span class="__cf_email__" data-cfemail="f1818493929e9c9c949f85dc949482df949f8395b18482959e9bdf969e87">[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 Agreement and Order may be 
examined and downloaded at this Justice Department website: <a href="http://www.usdoj.gov/enrd/Consent_Decrees.html">http://www.usdoj.gov/enrd/Consent_Decrees.html</a>. We will provide a paper copy 
of the Agreement and Order 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) for the proposed Agreement and Order, payable to the 
United States Treasury.

Thomas Carroll,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 2023-19251 Filed 9-6-23; 8:45 am]
BILLING CODE 4410-15-P


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