Notice of Lodging of Consent Decree Under the Clean Water Act, 61508-61509 [06-8745]

Download as PDF 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 https://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 rmajette on PROD1PC67 with NOTICES1 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’’). VerDate Aug<31>2005 15:24 Oct 17, 2006 Jkt 211001 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 site, https://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 E:\FR\FM\18OCN1.SGM 18OCN1 rmajette on PROD1PC67 with NOTICES1 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Notices Environmental Project which must cost a minimum of $2 million; (4) pay to the United States a civil penalty of $588,900; (5) either pay the State a civil penalty of $588,900, or pay the State a civil penalty of $58,890 and undertake a State Supplemental Environmental Project which must cost a minimum of $1,060,020; and (6) perform various other remedial measures. The injunctive relief that would be secured by the proposed Consent Decree is expected to cost approximately $1.868 billion in 2005 dollars. The Long Term Control Plan includes a construction schedule of twenty years (from the anticipated date of approval of the Long Term Control Plan). 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, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States and State of Indiana v. City of Indianapolis, D.J. Ref. 90–5–1–1–07292. The proposed Consent Decree may be examined at the Office of the United States Attorney for the Southern District of Indiana, U.S. Courthouse—5th Floor, 46 East Ohio Street, Indianapolis, IN 46204 (contact Asst. U.S. Attorney Thomas Kieper (317–226–6333)), and at U.S. EPA Region 5, 7th Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois 60604 (contact Assoc. Regional Counsel Gary Prichard (312–886–0570)). During the public comment period, the proposed consent decree, including the Long Term Control Plan, may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the proposed consent decree 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 from the Consent Decree Library, please enclose a check in the amount of $21.50 (25 cents per page reproduction cost) for the Consent Decree without appendices, or for $467.75 for the Consent Decree and all appendices, payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that VerDate Aug<31>2005 15:24 Oct 17, 2006 Jkt 211001 amount to the Consent Decree Library at the stated address. William Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–8745 Filed 10–17–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice is hereby given that on October 3, 2006 a proposed Consent Decree with the Estate of Irving Rubin in United States v. Mallinckrodt et al., Civil Action No. 4:02CV1488, was lodged with the United States District Court for the Eastern District of Missouri. In this action the United States sought recovery of response costs incurred by the Environmental Protection Agency at the Great Lakes Container Corporation Superfund Site located in St. Louis, Missouri. The Consent Decree resolves our claims for past and future response costs against the Estate of Irving Rubin (‘‘the Estate’’). The Consent Decree requires the Estate to pay the EPA Hazardous Substance Superfund $300,000 for reimbursement of past response costs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the 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. Mallinckrodt, et al. D.J. Ref. 90–11–3–07280. The Consent Decree may be examined at the Office of the United States Attorney, Thomas F. Eagleton U.S. Courthouse, 111 South 10th Street, 20th Floor, St. Louis, MO 63102, and at U.S. EPA Region VII, 901 North 5th Street, Kansas City, Kansas 66025. During the public comment period, the Consent Decree may also be examined on the following Department of Justice Web site, to https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree 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 Frm 00053 Fmt 4703 Sfmt 4703 requesting a copy from the Consent Decree Library, please enclose a check in the amount of $5.00 for United States v. Mallinckrodt, et al. (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert Maher, Assistant Section Chief, Environmental Enforcement Section. [FR Doc. 06–8743 Filed 10–17–06; 8:45 am] BILLING CODE 4410–15–M Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act PO 00000 61509 DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’) In accordance with Departmental policy, 28 CFR 50.7, notice is hereby given that on September 25, 2006, a proposed Consent Decree (‘‘Decree’’) in United States of America v. Union Pacific Railroad Company, Civil Action No. 1:06–CV–00115–BSJ was lodged with the United States District Court for the District of Utah, Central Division. The Decree resolves the United States’ claims against Union Pacific Railroad Company (‘‘Union Pacific’’) pursuant to sections 106 and 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), as amended, 42 U.S.C. §§ 9606, 9607(a), seeking (1) the performance of studies and response work by the Defendant at the Ogden Rail Yard Site (‘‘Site’’) in Weber County, Utah, consistent with the National Oil and Hazardous Substances Pollution Contingency Plan, as amended, 40 CFR part 300 (‘‘National contingency Plan’’); and (2) to recover funds expended by the United States in response to a release and threatened release of hazardous substances at the Site. Under the terms of the CD, Union Pacific will reimburse EPA for outstanding response costs of $20,779 and perform cleanup work at the Site valued at $4,500,000. Portions of the Site are contaminated with polyaromatic hydrocarbons, solvents, and metals including lead. In addition to paying for outstanding response costs and performing cleanup work at the Site, Union Pacific will reimburse EPA for all future oversight costs. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. 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 E:\FR\FM\18OCN1.SGM 18OCN1

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[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Notices]
[Pages 61508-61509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8745]


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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

[[Page 61509]]

Environmental Project which must cost a minimum of $2 million; (4) pay 
to the United States a civil penalty of $588,900; (5) either pay the 
State a civil penalty of $588,900, or pay the State a civil penalty of 
$58,890 and undertake a State Supplemental Environmental Project which 
must cost a minimum of $1,060,020; and (6) perform various other 
remedial measures. The injunctive relief that would be secured by the 
proposed Consent Decree is expected to cost approximately $1.868 
billion in 2005 dollars. The Long Term Control Plan includes a 
construction schedule of twenty years (from the anticipated date of 
approval of the Long Term Control Plan).
    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, Environment and Natural Resources Division, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States and State of Indiana v. City of Indianapolis, 
D.J. Ref. 90-5-1-1-07292.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the Southern District of Indiana, U.S. 
Courthouse--5th Floor, 46 East Ohio Street, Indianapolis, IN 46204 
(contact Asst. U.S. Attorney Thomas Kieper (317-226-6333)), and at U.S. 
EPA Region 5, 7th Floor Records Center, 77 West Jackson Blvd., Chicago, 
Illinois 60604 (contact Assoc. Regional Counsel Gary Prichard (312-886-
0570)). During the public comment period, the proposed consent decree, 
including the Long Term Control Plan, may also be examined on the 
following Department of Justice Web site, https://www.usdoj.gov/enrd/
open.html. A copy of the proposed consent decree 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 from the Consent Decree Library, please enclose a check in the 
amount of $21.50 (25 cents per page reproduction cost) for the Consent 
Decree without appendices, or for $467.75 for the Consent Decree and 
all appendices, payable to the U.S. Treasury or, if by e-mail or fax, 
forward a check in that amount to the Consent Decree Library at the 
stated address.

William Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-8745 Filed 10-17-06; 8:45 am]
BILLING CODE 4410-15-M

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