Notice of Lodging of Proposed Consent Decree Under the Clean Air Act Publication: Federal Register Department: Department of Justice Byline: Patricia McKenna Date: 6 April 2023 Subjects: American Government , The Environment

[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Page 20554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07158]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On March 31, 2023, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Central 
District of Illinois in the lawsuit entitled United States v. River 
City Diesel LLC et al., Civil Action No. 1:22-cv-01289-JES-JEH.
    The proposed Consent Decree resolves claims in the Complaint, filed 
on August 30, 2022, in this matter which sought injunctive relief and 
civil penalties for violations of Title II of the Clean Air Act by 
River City Diesel, LLC (``RCD''), RCD Performance, LLC (``RCDP''), 
Midwest Truck and 4WD Center, LLC (``Midwest Truck''), and Joshua L. 
Davis (collectively, ``Defendants''). The alleged violations relate to 
the manufacture, sale, and installation of aftermarket products for 
motor vehicles or motor vehicle engines and for tampering with motor 
vehicles and motor vehicle engines. The Complaint also alleged 
fraudulent transfers intended to avoid a debt of the United States in 
violation of the Federal Debt Collection Procedures Act. 28 U.S.C. 
3304(b)(2); 28 U.S.C. 3304(b)(1)(A). The proposed Consent Decree 
requires injunctive relief and payment of a civil penalty of $600,000, 
which is based on Defendants' financial situation, to be made in two 
equal payments.
    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 of the Environment and Natural Resources 
Division, Todd Kim, and should refer to United States v. River City 
Diesel LLC et al., D.J. Ref. No. 90-5-2-1-12233. 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
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: http://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 $16.25 (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. 2023-07158 Filed 4-5-23; 8:45 am]
BILLING CODE 4410-15-P