7706 Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices 

The United States, on behalf of the 

Environmental Protection Agency 

(‘‘EPA’’), filed a Complaint in this 

lawsuit seeking civil penalties and 

injunctive relief from Defendants for 

alleged violations of title II of the Clean 

Air Act, as amended, 42 U.S.C. 7521– 

7590, and the regulations promulgated 

thereunder, which aim to protect human 

health and the environment by reducing 

emissions of nitrogen oxides (‘‘NOX’’) 

and other pollutants from mobile 

sources of air pollution, including new 

engines for motor vehicles and nonroad 

equipment. The State of California has 

filed a separate Complaint alleging 

corresponding claims for civil penalties 

and injunctive relief against Defendants 

under the Clean Air Act’s citizen suit 

provisions, 42 U.S.C. 7404(a)(1), and 

California laws and regulations. 

When the United States’ Complaint 

was filed, the United States also lodged 

a proposed Consent Decree among the 

United States on behalf of EPA, the 

People of the State of California on 

behalf of the the California Air 

Resources Board, and Defendants (the 

‘‘Joint Consent Decree’’). If approved by 

the Court, the Joint Consent Decree 

would resolve the claims against 

Defendants in the United States’ 

Complaint on behalf of EPA, as well as 

related claims by U.S. Customs and 

Border Patrol and the National Highway 

Transportation and Safety 

Administration. The Joint Consent 

Decree would also partially resolve the 

claims against Defendants in the 

California Complaint. On January 15, 

2025, California filed a separate 

proposed Consent Decree between 

Defendants and California (the 

‘‘California Partial Consent Decree’’). 

The California Partial Consent Decree 

would resolve the remaining claims in 

the California Complaint. 

The Joint Consent Decree would 

require Defendants to: (i) pay a civil 

penalty of $525,000,000; (ii) take steps 

to remedy the alleged violations, 

including conducting a vehicle recall 

program to modify model year 2017– 

2019 J05E and J08E truck engines; (iii) 

implement a corporate compliance 

program; and (iv) perform mitigation 

projects to offset 100% of the excess 

NOX and other pollutant emissions 

caused by Defendants’ violations. 

The California Partial Consent Decree 

would resolve California state claims for 

a proportional amount of the civil 

penalty recovered under the Joint 

Consent Decree and for an additional 

payment for a mitigation program in 

California administered by the 

California Air Resources Board. 

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. Hino Motors, Ltd., et 

al., D.J. Ref. No. 90–5–2–1–12485. 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: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

Any comments submitted in writing 

may be filed in whole or in part on the 

public court docket without notice to 

the commenter. 

During the public comment period, 

the proposed Consent Decree may be 

examined and downloaded at this 

Justice Department website: https://

www.justice.gov/enrd/consent-decrees. 

If you require assistance accessing the 

proposed Consent Decree, you may 

request assistance by email or by mail 

to the addresses provided above for 

submitting comments. 

Eric D. Albert, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2025–01481 Filed 1–21–25; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Modification of Consent Decree Under 

the Clean Air Act 

On January 14, 2025, the Department 

of Justice lodged a proposed 

Modification to a Consent Decree with 

the United States District Court for the 

Northern District of Ohio, in the lawsuit 

entitled United States v. Buckeye Egg 

Farm, LLC., et al, Civil Action No. 3:03– 

CV–0768 (2004 N.D. OH). 

In 2004, EPA and DOJ entered into a 

Consent Decree (‘‘CD’’) with the interrelated predecessors of Ohio Fresh Eggs, 

LLC (‘‘OFE’’) to resolve Clean Air Act 

(‘‘CAA’’) violations at several of 

defendants’ barns in Ohio that house 

egg-laying chickens. The CD required 

OFE, which had purchased the 

facilities, to install particulate matter 

(‘‘PM’’) control equipment and 

implement best management practices 

to reduce ammonia emissions. In 2017, 

the lessee of OFE’s facilities requested 

termination of the CD. EPA conducted 

an inspection of the facilities and found 

numerous violations of the CD. The 

proposed Modification amends the CD 

to resolve these violations by providing 

alternative injunctive relief approved by 

EPA that will achieve the emission 

reduction goals of the CD and requiring 

payment of $5,816,250 in penalties for 

violations of CD requirements to install 

and operate emissions controls and to 

submit quarterly reports. 

The publication of this notice opens 

a period for public comment on the 

proposed Modification of the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and should refer to United 

States v. Buckeye Egg Farm, LLC et al., 

D.J. Ref. No. 90–5–2–1–07262. 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: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

Any comments submitted in writing 

may be filed by the United States in 

whole or in part on the public court 

docket without notice to the commenter. 

During the public comment period, 

the Modification of the Consent Decree 

may be examined and downloaded at 

this Justice Department website: https:// 

www.justice.gov/enrd/consent-decrees. 

If you require assistance accessing the 

Modification of the Consent Decree, you 

may request assistance by email or by 

mail to the addresses provided above for 

submitting comments. 

Patricia McKenna, 

Deputy Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2025–01392 Filed 1–21–25; 8:45 am] 

BILLING CODE 4410–15–P 


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