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

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Published

December 17, 2024

Issuing agencies

Justice Department

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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102163-102164]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29662]


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DEPARTMENT OF JUSTICE


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

    On December 9, 2024, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Middle 
District of Tennessee in the lawsuit entitled United States v. Diesel 
Performance Parts, Inc., Civil Action No. 3:24-cv-01439.
    The proposed Consent Decree settles claims brought by the United 
States for violations of section 203(a)(3)(B) of the Clean Air Act, 42 
U.S.C. 7522(a)(3)(B), arising from Defendant's offers for sale and sale 
of motor vehicle parts that bypass, defeat, and/or render inoperative 
the vehicle's installed emission controls, commonly known as ``defeat 
devices.'' The Consent Decree resolves these claims and prohibits 
Defendant and its owner (collectively, ``the DPPI Parties'') from: (1) 
manufacturing, selling, or installing defeat devices; (2) investing in 
or obtaining revenue from defeat devices, including from other 
companies or ventures; and (3) providing technical support or honoring 
warranty claims for defeat device products. In addition, the Consent 
Decree requires the DPPI Parties to destroy any remaining defeat 
devices in their inventory or possession, surrender all intellectual 
property associated with defeat devices to EPA, and report periodically 
on their compliance with the Consent Decree. It also requires the DPPI 
Parties to pay a civil penalty of $320,000, based on their limited 
ability to pay.
    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. Diesel Performance Parts, Inc., 
D.J. Ref. No.

[[Page 102164]]

90-5-2-1-12539. 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#c3b3b6a1a0acaeaea6adb7eea6a6b0eda6adb1a783b6b0a7aca9eda4acb5"><span class="__cf_email__" data-cfemail="3747425554585a5a5259431a525244195259455377424453585d19505841">[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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    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: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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.

Scott Bauer,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-29662 Filed 12-16-24; 8:45 am]
BILLING CODE 4410-15-P


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