[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Page 12134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4936]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on February 28, 2011, a proposed 
consent decree (``proposed Decree'') in United States v. Powertrain, 
Inc., et al., Civil Action No. 1:09-cv-00993, was lodged with the 
United States District Court for the District of Columbia.
    In this action under Sections 203, 204, 205, 207, 208, and 213 of 
the Clean Air Act,, 42 U.S.C. 7522, 7523, 7524, 7541, and 7547, and the 
regulations promulgated thereunder at 40 CFR Part 90, the United 
States' complaint alleges that Defendants Powertrain, Inc., Wood Sales 
Co., Inc., and Tool Mart, Inc. imported, or caused the importation of, 
and sold or otherwise introduced into commerce, engines that were not 
covered by EPA certificates of conformity, lacked legally sufficient 
emissions-control labels, and lacked sufficient emissions-related 
warranties; and failed to maintain required records and fully respond 
to an EPA Information Request.
    The proposed Decree requires Defendants to jointly pay a $2 million 
civil penalty to the United States and perform the following injunctive 
measures: Export or destroy noncompliant engines in Defendants' 
inventory; implement a Corporate Compliance Plan, with enhanced 
inspection and emissions testing requirements; and mitigate past excess 
emissions with one or more emissions offset programs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, 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. Powertrain Inc., et al., D.J. Ref. 90-5-2-1-09332.
    During the public comment period, the proposed Decree may be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 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 $13.75 (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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-4936 Filed 3-3-11; 8:45 am]
BILLING CODE 4410-15-P