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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7705-7706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01481]

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DEPARTMENT OF JUSTICE

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

    On January 15, 2025, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Michigan in United States v. Hino Motors, Ltd., Hino Motors 
Manufacturing U.S.A., Inc., and Hino Motor Sales U.S.A., Inc., 
(``Defendants'') Civil Action No. 2:25-cv-10144.

[[Page 7706]]

    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:

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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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    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
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