Notice of Lodging of Proposed Consent Decree Under the Clean Air Act Publication: Federal Register Department: Department of Justice Byline: Patricia McKenna Date: 29 October 2021 Subjects: American Government , The Environment Topic: Navistar

[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Page 60076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23572]


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DEPARTMENT OF JUSTICE


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

    On October 25, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Illinois in the lawsuit entitled United States v. Navistar, 
Inc., Civil Action No. 15-cv-6143 (MRR).
    The government's Amended Complaint alleges that Navistar, Inc. 
violated the Clean Air Act by introducing into commerce 7,749 heavy-
duty diesel engines for use in trucks and buses in model year 2010 
without a valid EPA-issued certificate of conformity demonstrating 
compliance with Clean Air Act standards to control nitrogen oxide 
(NOX) emissions. The complaint also alleges that the engines 
did not conform to emission standards applicable to model year 2010 
engines.
    The Consent Decree requires Navistar, Inc. to perform projects to 
mitigate 10,000 tons of NOX emissions, to retire Navistar's 
current balance of NOX emission credits under EPA's 
Averaging, Banking, and Trading program (estimated to offset an 
additional 2,145 tons of NOX emissions), and to pay a civil 
penalty of $52 million within thirty days of entry of the Decree.
    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. Navistar, Inc., D.J. Ref. No. 90-5-2-
1-10922. 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............................  pubcomment-ees.enrd@usdoj.gov.
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 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. 2021-23572 Filed 10-28-21; 8:45 am]
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