Notice of Lodging of Proposed Consent Decree Under the Clean Air Act Publication: Federal Register Department: Department of Justice Byline: Thomas Carroll Date: 18 March 2022 Subject: American Government , The Environment Topic: PPEI Tuning

[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.........................  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 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