[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6576-6577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02249]


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DEPARTMENT OF JUSTICE


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

    On January 30, 2020, the Department of Justice lodged a partial 
consent decree (``Partial Consent Decree'') with the United States 
District Court for the Northern District of California in the lawsuit 
entitled United States et al. v. Kohler Co., Civil Action No. C 20-
00683.
    The complaint in this case was filed against Defendant Kohler Co. 
(``Kohler'') concurrently with the lodging of the Partial Consent 
Decree and a separate consent decree to which Kohler and the People of 
the State of California, ex rel. California Air Resources Board 
(``CARB'') are parties (``State CD''). The complaint alleges that 
Kohler is liable for violations of Section 203 of the Clean Air Act 
(``Act''), 42 U.S.C. 7522. The People of the State of California, ex 
rel. CARB also alleges in the complaint that Kohler is liable for 
violations of California law.
    Together, the Partial Consent Decree and the State CD would fully 
address Kohler's alleged manufacture and sale of millions of small, 
nonroad, nonhandheld, spark-ignition engines that did not conform to 
the certification applications Kohler submitted covering the engines. 
Some of these engines were also equipped with a fueling strategy that 
is alleged to have significantly reduced emissions of oxides of 
nitrogen (``NOX'') during certification testing when 
compared to real-world operation (commonly referred to as a ``defeat 
device''). The United States and California seek civil penalties and 
injunctive relief for the violations jointly alleged in the complaint. 
Separately, the People of the State of California, ex rel. CARB seeks 
civil penalties and injunctive relief for alleged violations of 
California's evaporative emissions standards.
    The Partial Consent Decree is entered into by the United States, 
the People of the State of California, ex rel. CARB and Kohler. It 
would require Kohler to pay

[[Page 6577]]

a $20 million civil penalty for all violations alleged in the complaint 
except for the California evaporative emissions standards violations. 
The Partial Consent Decree would require Kohler to forfeit over three 
million kilograms of hydrocarbon plus nitrogen oxide (``HC + 
NOX'') emission credits, implement an emissions testing 
validation plan that includes third-party observation and emissions 
verification testing, conduct annual audits, implement corporate 
governance reforms, and conduct compliance training of its employees.
    The publication of this notice opens a period for public comment on 
the proposed Partial Consent Decree. Comments on the Partial Consent 
Decree should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and should refer to United 
States et al. v. Kohler Co., D.J. Ref. No. 90-5-2-1-11892. 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 Partial 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 Partial 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 $14.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-02249 Filed 2-4-20; 8:45 am]
 BILLING CODE 4410-15-P