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

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Published

January 22, 2025

Issuing agencies

Justice Department

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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 7708-7709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01485]


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DEPARTMENT OF JUSTICE


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

    On January 16, 2025, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Columbia in the lawsuit entitled United States v. Fayat S.A.S., et 
al., Civil Action No. 1:25-cv-120.
    The United States filed a Complaint, on behalf of the United States 
Environmental Protection Agency, against Fayat S.A.S. and its 
subsidiaries BOMAG GmbH, BOMAG Americas, Inc., BOMAG (China) 
Construction Machinery Co., Ltd., MARINI S.p.A., RAVO B.V., Charlatte 
of America, Inc., PTC S.A.S., Secmair S.A.S., and MATHIEU S.A. alleging 
violations of sections 203(a) and 213(d) of the Clean Air Act, 42 
U.S.C. 7522(a) and 7547(d), and implementing regulations, by their 
importation, introduction into commerce, and sale of nonroad equipment 
containing diesel engines that were not certified to model year engine 
emission standards. The Complaint also alleges related violations of 
labeling and reporting requirements and seeks civil penalties and 
appropriate injunctive relief.
    Under the proposed Consent Decree, the Defendants will pay a civil 
penalty of $11,000,000 and will complete a project to mitigate harm 
caused by excess nitrogen oxide and particulate matter 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. Fayat S.A.S., et al., D.J. Ref. 
No. 90-5-2-1-12522. 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#7707021514181a1a1219035a121204591219051337020413181d59101801"><span class="__cf_email__" data-cfemail="31414453525e5c5c545f451c5454421f545f4355714442555e5b1f565e47">[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 by the United States 
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

[[Page 7709]]

to the addresses provided above for submitting comments.

Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2025-01485 Filed 1-21-25; 8:45 am]
BILLING CODE 4410-15-P


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