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Notice of Proposed Second Agreement Regarding Alleged Non- Compliance with Consent Decree in United States v. Cummins Engine Company, Inc.

 [Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Notices]
[Page 66197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-71]

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DEPARTMENT OF JUSTICE
 
Notice of Proposed Second Agreement Regarding Alleged Non-
Compliance with Consent Decree in United States v. Cummins Engine 
Company, Inc.

    Notice is hereby given of a proposed Second Agreement Regarding 
Alleged Non-Compliance with Consent Decree (``Agreement'') in the case 
of United States v. Cummins Engine Company, Inc., Civil Action No. 98--
02546, in the United States District Court for the District of Columbia.
    The Agreement resolves matters involving Cummins' alleged failure 
to comply with a 1999 Consent Decrees settling claims under Title II of 
the Clean Air Act, 42 U.S.C. 7521 et seq. (the ``Act''), regarding the 
alleged use of illegal emission-control ``defeat devices'' on Cummins' 
1998 and prior heavy-duty diesel engines (``HDDEs''). The United States 
contends that Cummins violated several provisions of the Consent 
Decree's Section IX (Additional Injunctive Relief/Offset Projects). 
Specifically, the United States contends that Cummins: Used in its 
Averaging, Banking and Trading (``AB&T'') program credits from 192 
model year 2003 and 130 model year 2004 compressed natural gas engines 
that were subsidized as part of a Consent Decree Offset Project, 
leading to the improper generation of 243.5 megagrams (Mg) of 
NoX + NMHC and 13.9 Mg of PM urban bus credits; and failed 
to timely complete work on, or to timely submit an adequate completion 
report for, several work plans for offset projects approved by EPA 
under the Consent Decree.
    The Agreement provides that these violations will be resolved by 
Cummins' retiring of all the credits improperly generated plus a 
premium and Cummins' payment of a pe3nalty of $2,170,000 to the United 
States.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Cummins Engine Company, Inc., D.J. Ref. 90-5-2-1-
2136A, Second Agreement.
    During the public comment period, the Agreement may be examined on 
the following Department of Justice Web site, http://www.usdoj.gov/
enrd/Consent_Decrees.html. A copy of the Agreement may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 of by faxing or e-
mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy of the Decree from the Consent Decree Library, please 
enclose a check in the amount of $2.75 (25 cents per page reproduction 
cost for 11 pages) payable to the U.S. Treasury.

Karen Dworkin,
Assistant Chief, Environmental Enforcement Section.
[FR Doc. 06-9165 Filed 11-9-06; 8:45 am]
BILLING CODE 4410-15-M

 
 

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