FR 2021-01829

The Department of Justice has recently announced a significant legal agreement known as a Consent Decree involving Midwest Can Company. This was published in a document from the Federal Register. This agreement comes as a result of a lawsuit that alleged the company had violated the Clean Air Act. The violations concern the company's manufacture and sale of portable fuel containers, known as PFCs. To settle these legal issues, Midwest Can Company is required to pay a hefty penalty of $1.7 million. Additionally, they must implement more rigorous testing of these PFCs and report the results to the Environmental Protection Agency (EPA).

General Summary

In essence, the document opens a window for public involvement by inviting comments on the proposed agreement. Citizens can share their thoughts within 30 days following the notice's publication. The document also provides practical information on how to access the Consent Decree for review, either online or via a physical copy, although the latter incurs a fee.

Significant Issues and Concerns

Several concerns arise from this notice:

1. Use of Penalty Funds: The document mentions a $1.7 million penalty but lacks details about how these funds will be allocated. This omission might lead to suspicions or concerns over potential inefficient use of the funds.

2. Public Comment Process: Instructions on providing public comments are somewhat vague, particularly due to the lack of specific contact information for the Assistant Attorney General. This might deter people who wish to participate in the public commenting process.

3. Access Restrictions: While the document is available online, those who prefer or need a paper copy face a charge, which could limit access for individuals without internet capability or who cannot afford this fee.

4. Communication Methods: Although comments can be submitted by email or mail, reliance on physical mail could be viewed as outdated. This may reduce participation by imposing unnecessary hurdles in an age where digital solutions are more efficient and expected.

Impact on the Public and Stakeholders

Public Impact: Broadly, the situation underscores the government's role in enforcing environmental laws to protect air quality. The public may benefit from the possible improvements in air quality due to stricter compliance measures placed on Midwest Can Company. However, the efficacy of public participation could be hampered by the aforementioned procedural issues.

Impact on Specific Stakeholders: Midwest Can Company, as a primary stakeholder, is directly affected by the financial and operational requirements imposed by the Consent Decree. The financial penalty and additional compliance obligations might impact their business operations, potentially affecting employees and consumers.

In summary, while the document represents an important step toward ensuring compliance with environmental laws, various process-related issues could detract from its potential effectiveness in engaging the broader public and providing transparency over the handling of financial penalties.

The document under review pertains to a proposed Consent Decree involving the Midwest Can Company that has been lodged with a U.S. District Court. This decree arises from a lawsuit filed by the United States under the Clean Air Act, which focuses on compliance issues related to portable fuel containers. Notably, two financial aspects within the document stand out: a civil penalty and a fee for accessing documents.

Civil Penalty

The document specifies that the Midwest Can Company will pay a civil penalty of $1.7 million to the United States, acknowledging violations related to the Clean Air Act. However, the document does not provide details on how this significant sum will be utilized or allocated by the government. This oversight might raise concerns among readers about the potential for misuse or inefficient allocation of these funds. Transparency regarding the utilization of financial penalties is often crucial to assure the public that funds are applied effectively, whether towards environmental restoration, further enforcement efforts, or public awareness campaigns.

Document Reproduction Cost

For those interested in obtaining a paper copy of the Consent Decree, the document mentions a reproduction cost of $8.25 for copying services, payable to the United States Treasury. This fee is based on a rate of 25 cents per page, which could be seen as a barrier to access for certain individuals, particularly those who might lack easy internet access. This financial aspect is linked to an identified issue in that it restricts the availability of important public documents to only those who are capable and willing to afford these costs. Such financial requirements can limit public participation, keeping some community members from engaging fully in the comment process.

In summary, the document underscores a civil penalty and document access fee without accompanying explanations on broader usage or implications. These financial references could be more effectively communicated to ensure clarity and foster public confidence in governmental procedures.