61508 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the proposed 

consent decree. Comments should be 

addressed to the Assistant Attorney 

General, Environmental and Natural 

Resources Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Cooper Industries, LLC, DOJ 

Ref. 90–11–3–08559. 

The proposed consent decree may be 

examined at the office of the United 

States Attorney, 110 East Court Avenue, 

Suite 286, Des Moines, IA 50309–2044 

and at U.S. EPA Region 7, 901 N. 5th 

Street, Kansas City, KS 66101. During 

the comment period, the consent decree 

may be examined on the following 

Department of Justice Web site to 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

consent decree also may 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, please enclose a 

check in the amount of $4.50 (without 

attachments) or $4.75 (with 

attachments) for United States v. Cooper 

Industries, LLC, (25 cents per page 

reproduction cost) payable to the U.S. 

Treasury. 

Robert E. Maher, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section. 

[FR Doc. 06–8741 Filed 10–17–06; 8:45 am] 

BILLING CODE 4410–15–M 

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 NonCompliance 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/ 

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 

(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 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Water Act 

Notice is hereby given that on 

October 4, 2006, a proposed consent 

decree in United States and State of 

Indiana v. City of Indianapolis, Civ. No. 

1:06–cv–1456, was lodged with the 

United States District Court for the 

Southern District of Indiana. 

In this action the United States sought 

civil penalties and injunctive relief for 

alleged violations of Sections 301 and 

402 of the Clean Water Act, 33 U.S.C. 

1319 and 1342, in connection with the 

City’s operation of its municipal 

wastewater and sewer system. The City 

currently discharges approximately 

eight billion gallons of untreated sewage 

per year from approximately 133 

Combined Sewer Overflows, Sanitary 

Sewer Overflows, and bypass locations 

into the White River and its tributaries. 

The Complaint alleges that the City’s 

discharges, which occur approximately 

60 times per year, violate the Clean 

Water Act either because the discharges 

violate limitations and conditions in the 

City’s National Pollutant Discharge 

Elimination System (NPDES) permits, or 

because the discharges are from point 

sources not authorized by the City’s 

NPDES permits. The Complaint also 

asserts claims for violations of 

comparable State law on behalf of the 

State of Indiana. 

Under the proposed Consent Decree, 

the City would be required to: (1) 

Implement a Long Term Control Plan 

which would greatly reduce Combined 

Sewer Overflows; (2) implement a plan 

designed to eliminate Sanitary Sewer 

Discharges; (3) perform a Supplemental 


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