[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Page 5921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01792]


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DEPARTMENT OF JUSTICE


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

    On January 24, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Delaware in the lawsuit entitled United States v. Genesee & Wyoming 
Railroad Services, Inc., et a., Civil Action No. 1:23-cv[dash]00084-
UNA.
    The Complaint alleges claims for penalties and injunctive relief 
under the Clean Air Act, 42 U.S.C. 7413, arising from Defendants' non-
compliance with regulations pertaining to locomotives promulgated by 
the Environmental Protection Agency. The proposed Consent Decree 
resolves these claims and requires Defendants and affiliated non-
defendants who also own and operate locomotives to pay a penalty of 
$1,350,000, undertake various actions to facilitate their compliance 
with applicable locomotive regulations, and remove eighty-eight older 
and high emission locomotives from service to mitigate the harm caused 
by their violations.
    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 v. Genesee & Wyoming Railroad Services, 
Inc., et al. D.J. Ref. No. 90-5-2-1-12479. 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 $11.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Patricia McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-01792 Filed 1-27-23; 8:45 am]
BILLING CODE 4410-15-P