[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Notices]
[Page 24313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9677]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on April 24, 2008, a proposed Consent 
Decree (``Decree'') in United States v. McCulloch Corporation, et al., 
Civil Action No. 1:08-cv-00699, was lodged with the United States 
District Court for the District of Columbia.
    In this action the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), sought penalties and 
injunctive relief under sections 204, 205, and 213 of the Clean Air Act 
(``the Act'' or ``CAA''), 42 U.S.C. 7523, 7524, and 7547, and 
regulations promulgated thereunder at 40 CFR part 90 (``Nonroad SI 
Regulations''), which arose from the importation and introduction into 
commerce of approximately 200,000 chainsaws (``subject chainsaws'') 
that failed to comply with the Nonroad SI Regulations. The proposed 
Decree resolves alleged violations of the CAA arising from the 
importation of the subject chainsaws. Under the Decree, Defendants will 
pay a $2 million civil penalty, export unsold chainsaws, perform 
emissions testing on a representative sampling of engines, and 
implement robust compliance assurance plans designed to prevent future 
violations. Defendants will also perform the following three mitigation 
projects at an estimated cost of $5 million: (1) Spend at least $2.75 
million to provide light-emitting diode (``LED'') streetlights, sport 
lights or parking lot lights to selected cities in the United States, 
(2) spend at least $1.25 million to purchase and then surrender to U.S. 
EPA Ozone Season NOX Allowances, and (3) install low-
permeable fuel lines that will prevent or reduce volatile organic 
compound permeation emissions in at least 1 million small, spark-
ignited engines used for handheld lawn and garden applications.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, D.C. 20044-7611, and either e-mailed 
to [email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. McCulloch Corporation et al., D.J. Ref. 90-5-2-1-
09103. The Decree may be examined at U.S. EPA, Office of Enforcement 
and Compliance Assurance, Western Field Office (8MSU), 1595 Wynkoop 
Street, Denver, CO 80202. During the public comment period, the Decree 
may also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $16.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Karen Dworkin,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
 [FR Doc. E8-9677 Filed 5-1-08; 8:45 am]
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