[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Notices]
[Page 61508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8742]


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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 NO<INF>X</INF> 
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 NO<INF>X</INF> 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 NO<INF>X</INF> emitted by its violations 
of the Consent Decree, offset by any tons obtained in the ongoing 
recall. the NO<INF>X</INF> 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 NO<INF>X</INF> 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/open.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 (<a href="/cdn-cgi/l/email-protection#35415a5b5c541b5359505041425a5a51754046515a5f1b525a43"><span class="__cf_email__" data-cfemail="53273c3d3a327d353f363627243c3c37132620373c397d343c25">[email protected]</span></a>), 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


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