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

CourtJustice Department
Citation87 FR 15455
Record Number2022-05754
Published date18 March 2022
Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
                [Notices]
                [Pages 15455-15456]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05754]
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                DEPARTMENT OF JUSTICE
                Notice of Lodging of Proposed Consent Decree Under the Clean Air
                Act
                 On March 15, 2022, the Department of Justice lodged a proposed
                Consent Decree with the United States District Court for the Western
                District of Louisiana in the lawsuit entitled United States of America
                v. Power Performance Enterprises Inc. and Kory Blaine Willis, Civil
                Action No. 22-cv-00693.
                 In this action, the United States, on behalf of the U.S.
                Environmental Protection Agency, filed a Complaint alleging that
                between August 15, 2013 and June 4, 2018, Defendants PPEI and its
                owner, Mr. Willis, manufactured, sold, or offered to sell aftermarket
                automotive products that have a principal effect of bypassing,
                defeating, or rendering inoperative the emission controls on diesel
                cars and trucks in violation of Section 203(a)(3)(B) of the CAA, 42
                U.S.C. 7522(a)(3)(B). The Complaint further alleges that, absent an
                injunction, Defendants may resume the manufacture or sales of such
                products. The proposed Complaint seeks appropriate civil penalties and
                injunctive relief to prohibit Defendants from continuing to manufacture
                and sell these unlawful products.
                 Under the proposed settlement, the Defendants agree to pay a civil
                penalty (based on a finding of limited ability to pay) of $1,550,000 in
                three installment payments over 2 years. In addition, the settlement
                imposes various restrictions designed to ensure that Defendants operate
                in compliance with the law.
                 The publication of this notice opens a period for public comment on
                the proposed 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. Power Performance
                Enterprises Inc. and Kory Blaine Willis, D.J. Ref. No. 90-5-2-1-11865.
                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 proposed Consent Decree may
                be
                [[Page 15456]]
                examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
                the proposed 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 $17.00 (25 cents per page
                reproduction cost) payable to the United States Treasury.
                Thomas Carroll,
                Assistant Section Chief, Environmental Enforcement Section, Environment
                and Natural Resources Division.
                [FR Doc. 2022-05754 Filed 3-17-22; 8:45 am]
                BILLING CODE 4410-15-P
                

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