[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49767-49768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20464]


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DEPARTMENT OF JUSTICE


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

    On September 12, 2019, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of Utah in the lawsuit entitled United States of America v. Performance 
Diesel, Inc., Civil Action No. 4:19-cv-00075-DN.
    The lawsuit seeks injunctive relief and civil penalties against 
Defendant Performance Diesel, Inc. (``PDI'') for violations of Sections 
203(a)(3)(A) and (B) of the Clean Air Act, 42 U.S.C. 7522(a)(3)(A) and 
(B). The United States alleges that Defendant manufactured, sold, and 
in some cases installed at least 5,549 aftermarket products that have a 
principal effect of bypassing, defeating, or rendering inoperative 
emission controls installed on motor vehicles or motor vehicle engines, 
and that Defendant knew or should have known that these products would 
be put to such use. In both the complaint and proposed consent decree, 
these aftermarket products are referred to as ``subject products.'' 
Subject products do not include products that are covered by an 
Executive Order (``E.O.'') issued by the California Air Resources Board 
(``CARB'') or a pending ``complete application'' for a CARB E.O.
    Under the proposed consent decree, Defendant would pay a civil 
penalty and implement measures to comply with the Clean Air Act. For 
instance, subject to a narrowly tailored exception for research and 
development, Defendant is prohibited from manufacturing, selling, or 
installing subject products. For any product that would otherwise 
qualify as a subject product, Defendant must demonstrate a reasonable 
basis that the product will not adversely affect vehicles emissions. 
Moreover, Defendant must (1) destroy all subject products (except those 
retained for research and development); (2) stop providing technical 
support for subject products; (3) revise its marketing materials; (4) 
provide notice to its employees and customers; (4) require its 
employees to forfeit any subject products; and (5) provide annual 
employee training. Defendant must also pay $1,100,000 in civil 
penalties based upon its demonstrated inability to pay a higher 
penalty. The proposed consent decree would resolve all Clean Air Act 
claims alleged by the United States against Defendant through the date 
the United States filed the complaint.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America v. Performance Diesel, Inc., 
D.J. Ref. No. 90-5-2-1-11994. 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............................  [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 consent decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $12.25 (25 cents per page

[[Page 49768]]

reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2019-20464 Filed 9-20-19; 8:45 am]
 BILLING CODE 4410-15-P