Notice2025-01481
Notice of Lodging of Proposed Consent Decree Under the Clean Air Act
Primary source
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Published
January 22, 2025
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 90 Issue 13 (Wednesday, January 22, 2025)</title>
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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7705-7706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01481]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On January 15, 2025, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Michigan in United States v. Hino Motors, Ltd., Hino Motors
Manufacturing U.S.A., Inc., and Hino Motor Sales U.S.A., Inc.,
(``Defendants'') Civil Action No. 2:25-cv-10144.
[[Page 7706]]
The United States, on behalf of the Environmental Protection Agency
(``EPA''), filed a Complaint in this lawsuit seeking civil penalties
and injunctive relief from Defendants for alleged violations of title
II of the Clean Air Act, as amended, 42 U.S.C. 7521-7590, and the
regulations promulgated thereunder, which aim to protect human health
and the environment by reducing emissions of nitrogen oxides
(``NO<INF>X</INF>'') and other pollutants from mobile sources of air
pollution, including new engines for motor vehicles and nonroad
equipment. The State of California has filed a separate Complaint
alleging corresponding claims for civil penalties and injunctive relief
against Defendants under the Clean Air Act's citizen suit provisions,
42 U.S.C. 7404(a)(1), and California laws and regulations.
When the United States' Complaint was filed, the United States also
lodged a proposed Consent Decree among the United States on behalf of
EPA, the People of the State of California on behalf of the the
California Air Resources Board, and Defendants (the ``Joint Consent
Decree''). If approved by the Court, the Joint Consent Decree would
resolve the claims against Defendants in the United States' Complaint
on behalf of EPA, as well as related claims by U.S. Customs and Border
Patrol and the National Highway Transportation and Safety
Administration. The Joint Consent Decree would also partially resolve
the claims against Defendants in the California Complaint. On January
15, 2025, California filed a separate proposed Consent Decree between
Defendants and California (the ``California Partial Consent Decree'').
The California Partial Consent Decree would resolve the remaining
claims in the California Complaint.
The Joint Consent Decree would require Defendants to: (i) pay a
civil penalty of $525,000,000; (ii) take steps to remedy the alleged
violations, including conducting a vehicle recall program to modify
model year 2017-2019 J05E and J08E truck engines; (iii) implement a
corporate compliance program; and (iv) perform mitigation projects to
offset 100% of the excess NO<INF>X</INF> and other pollutant emissions
caused by Defendants' violations.
The California Partial Consent Decree would resolve California
state claims for a proportional amount of the civil penalty recovered
under the Joint Consent Decree and for an additional payment for a
mitigation program in California administered by the California Air
Resources Board.
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. Hino Motors, Ltd., et al., D.J. Ref.
No. 90-5-2-1-12485. 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#c0b0b5a2a3afadada5aeb4eda5a5b3eea5aeb2a480b5b3a4afaaeea7afb6"><span class="__cf_email__" data-cfemail="f1818493929e9c9c949f85dc949482df949f8395b18482959e9bdf969e87">[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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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.
Eric D. Albert,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2025-01481 Filed 1-21-25; 8:45 am]
BILLING CODE 4410-15-P
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