Notice of Proposed Agreement Regarding Alleged Non-Compliance
With Consent Decree in United States v. Cummins Engine Company, Inc.
[Federal Register: October 18, 2006 (Volume 71, Number 201)]
[Notices]
[Page 61508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc06-89]
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DEPARTMENT OF JUSTICE
Notice of Proposed Agreement Regarding Alleged Non-Compliance
With Consent Decree in United States v. Cummins Engine Company, Inc.
Notice is hereby given of a proposed 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 four matters involving Cummins' alleged
failure to comply with a 1999 Consent Decree 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 first matter concerns Cummins' use of a computer-based
auxiliary emission control device (``AECD'') to prevent engine
overheating, on approximately 11,600 model years 2000-2003 engines sold
for use in school buses and recreational vehicles. The overheat AECD,
which required EPA approval, did not operate in the manner described in
Cummins' applications to EPA for regulatory ``certificates of
conformity'' permitting the sale of the engines in the United States
and as pre-approved in the 1999 Consent Decree. The second matter
concerns Cummins' use of 1101 more Averaging, Banking and Trading
(``AB&T'') Credits than was permitted by the consent Decree. The third
matter relates to Cummins' implementation of a Low NOX
Rebuild Program for which Cummins failed to request the requisite EPA
approval (until April 13, 2006). The last matter is Cummins' omission
of 26,347 engines from its Low NOX Rebuild Program. In
addition, the Settlement resolves Cummins' disclosure to the United
States that in 2001 it violated provisions of 40 CFR part 86 in
connection with certification testing of engines under the Consent
Decree by its failure to perform test equipment calibrations within
applicable time limits set forth in 40 CFR 86.1321; 1321(b); 1323(a) &
(b) and 1324.
These violations are addressed through Cummins' payment of an
agreed penalty in the amount of $950,000, to be shared between the
United States and the California Air Resources Board. Cummins will also
continue a recall to fix or disable the overheat AECD. Lastly, Cummins
will recoup the excess tons of NOX emitted by its violations
of the Consent Decree, offset by any tons obtained in the ongoing
recall. the NOX tons must come from one of three sources:
(1) Cummins' on-road AB&T accounts; (2) Cummins' off-road AB&T
accounts; or (3) currently valid stationary source NOX tons
purchased on the open market through a licensed broker.
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.
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 or 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 $4.50 (25 cents per page reproduction cost for 18 pages) payable to
the U.S. Treasury.
Karen Dworkin,
Assistant Chief, Environmental Enforcement Section.
[FR Doc. 06-8742 Filed 10-17-06; 8:45 am]
BILLING CODE 4410-15-M