[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Page 5209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01387]



[[Page 5209]]

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DEPARTMENT OF JUSTICE


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

    On January 17, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Utah in the lawsuit captioned United States v. Edge Products, 
L.L.C., Civil Action No. 1:13-cv-00010TS .
    Edge Products, L.L.C. is an aftermarket motor vehicle parts 
manufacturer located in Ogden, Utah. In the Complaint, filed on January 
17, 2013, on behalf of the Environmental Protection Agency (``EPA''), 
the United States alleges that Edge violated the Clean Air Act by 
manufacturing and selling aftermarket motor vehicle devices that were 
designed to hinder or disable required emission controls on certain 
model year 2007 and later heavy duty diesel trucks. The manufacture and 
sale of such devices for use on motor vehicles is prohibited by Section 
203(a)(3)(B) of the Clean Air Act, 42 U.S.C. 7522(a)(3)(B).
    The proposed Consent Decree, lodged on January 17, 2013, resolves 
the allegations in the Complaint. The terms of the Consent Decree 
include a prohibition on the manufacture and sale of specified devices; 
a recall and reimbursement program intended to get the devices off of 
vehicles and to keep them out of the stream of commerce; a wood-stove 
replacement project designed to mitigate the harm from the estimated 
158 tons of excess particulate emissions EPA attributed to the use of 
the devices; and a civil penalty of $500,000. The amount of the civil 
penalty is based on the United States' evaluation of Edge's ability to 
pay a penalty.
    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. Edge Products, L.L.C.,, D.J. Ref. 
No. 90-5-2-1-10425. 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 e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $12.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Karen Dworkin,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-01387 Filed 1-23-13; 8:45 am]
BILLING CODE 4410-15-P