[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Notices]
[Page 27580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11666]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on May 10, 2010, a proposed Consent 
Decree (``Decree'') in United States v. The Pep Boys--Manny, Moe & 
Jack, and Baja, Inc., Civil Action No. 10-cv-00745, 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 the Clean Air Act (``CAA'') against The Pep 
Boys--Manny, Moe & Jack, and Baja, Inc., for violations of the mobile 
source provisions of the CAA. The Complaint alleges that between 2004 
and March 2009, Defendants imported all-terrain vehicles, motorcycles, 
and generators from the Peoples' Republic of China in violation of the 
emissions certification, warranty, and labeling requirements of Title 
II of the CAA, Sections 204, 205 and 213, 42 U.S.C. 7523, 7524, and 
7547, and the regulations promulgated thereunder, pertaining to highway 
motorcycles, recreational vehicles, and nonroad engines. The Complaint 
alleges approximately 363,000 violations, involving approximately 
241,000 vehicles and engines.
    Under the proposed Consent Decree, the Defendants will pay a civil 
penalty, export (or destroy) certain equipment that was previously 
seized by U.S. Customs and Border Protection, implement future 
corporate compliance plans, offer an Extended Emission-Related Warranty 
and Repair Reimbursement Program free to consumers, and offset the 
alleged illegal emissions through various programs.
    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, DC 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. The Pep Boys--Manny, Moe & Jack, and Baja, Inc., Civil 
Action No. 10-cv-00745, (D.D.C.), D.J. Ref. 90-5-2-1-09240.
    The Decree may be examined at U.S. EPA, Region 3, 1650 Arch Street, 
Philadelphia, PA 19103. 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 $34 (25 cents per page 
reproduction cost) payable to the U.S. Treasury or, if by email or fax, 
forward a check in that amount to the Consent Decree Library at the 
stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-11666 Filed 5-14-10; 8:45 am]
BILLING CODE 4410-15-P