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

---
identifier: "/us/fr/2023-26944"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Lodging of Proposed Consent Decree Under the Clean Air Act"
title_number: 0
title_name: "Federal Register"
section_number: "2023-26944"
section_name: "Notice of Lodging of Proposed Consent Decree Under the Clean Air Act"
positive_law: false
currency: "2023-12-08"
last_updated: "2023-12-08"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Justice Department"
document_number: "2023-26944"
document_type: "notice"
publication_date: "2023-12-08"
agencies:
  - "Justice Department"
fr_citation: "88 FR 85654"
fr_volume: 88
---

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

On December 4, 2023, the Department of Justice filed a complaint in, and simultaneously lodged a proposed Clean Air Act Consent Decree with the United States District Court for the Eastern District of Michigan in the lawsuit entitled *United States and the Michigan Department of Environment, Great Lakes, and Energy* v. *R.J. Torching, Inc.,* Civil Action No. 23-CV-13056.

Simultaneous with this lodging, the United States and the Michigan Department of Environment, Great Lakes, and Energy (the “State”) filed a complaint against the Defendant, R.J. Torching, Inc. (“Defendant”). The complaint seeks injunctive relief and civil penalties for violations of the regulations that limit particulate matter pollution from Defendant's torch-cutting operations in Flint and (previously) Battle Creek, Michigan. The Consent Decree requires Defendant to perform injunctive relief and pay a $150,000 penalty.

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 and the Michigan Department of Environment, Great Lakes, and Energy* v. *R.J. Torching, Inc.,* D.J. Ref, No. 90-5-2-1-12118. All comments must be submitted no later than January 31, 2024. Comments may be submitted either by email or by mail:

|  |  |
| --- | --- |
| By email | . |
| 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 $22.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $15.50.

Patricia McKenna,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.