Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 34977-34978 [2017-15780]

Download as PDF Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 1933–1979 MPS), Apalachia Dam Rd., Murphy, MP100001459 Hiwassee Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 600 Powerhouse Rd., Murphy, MP100001460 Clay County Chatuge Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 221 Old Ranger Rd., Hayesville, MP100001461 Graham County Fontana Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 1011 Fontana Dam Rd., Fontana Dam, MP100001462 TENNESSEE Carter County Watauga Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 774 Wilbur Dam Rd., Elizabethton, MP100001463 Coffee County Normandy Dam Project, (Tennessee Valley Authority Hydroelectric System, 1933– 1979 MPS), Frank Hiles Rd. E of CoffeeBedford County Line, Normandy, MP100001464 Franklin County Tims Ford Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 461 Powerhouse Rd., Winchester, MP100001465 Hamilton County Chickamauga Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 5400 Lake Resort Dr., Chattanooga, MP100001466 Hardin County Pickwick Landing Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 850 Carolina Ln., Counce, MP100001467 mstockstill on DSK30JT082PROD with NOTICES Jefferson County Cherokee Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 450 Powerhouse Rd., Rutledge, MP100001468 Loudon County Fort Loudon Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 1280 City Park Dr., Lenoir City, MP100001469 Melton Hill Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 2009 Grubb Rd., Lenoir City, MP100001470 Tellico Dam Project, (Tennessee Valley Authority Hydroelectric System, 1933– 1979 MPS), c/o 1280 City Park Dr., Lenoir City, MP100001471 Marion County Nickajack Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 3490 TVA Rd., Jasper, MP100001472 VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 Polk County Ocoee No. 3 Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 1988 US 64, Benton, MP100001473 Rhea County Watts Barr Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 6868 Watts Bar Hwy., Spring City, MP100001474 Sevier County Douglas Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 850 Powerhouse Way, Dandridge, MP100001475 Sullivan County Boone Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 301 Boone Dam Rd., Kingsport, MP100001476 Fort Patrick Henry Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), Rt. 1 Box 2385, Kingsport, MP100001477 South Holston Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 918 South View Rd., Bristol, MP100001478 Authority: 60.13 of 36 CFR part 60. Dated: July 5, 2017. J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program and Keeper, National Register of Historic Places. [FR Doc. 2017–15781 Filed 7–26–17; 8:45 am] BILLING CODE 4312–52–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On July 20, 2017, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Columbia in the lawsuit entitled United States v. HarleyDavidson, Inc., et al., Civil Action No. 1:16–cv–01687. The United States’ Complaint, filed on August 18, 2016, Dkt. Nos. 1, 4, alleges that Harley-Davidson, Inc. (and three related companies) manufactured and sold over 339,392 after-market devices (known as ‘‘Super Tuners’’ and used with Harley-Davidson motorcycles) in violation of the Clean Air Act prohibition on the manufacture or sale of devices that defeat the functioning of the motorcycles’ certified emissions control system. The Complaint also alleges, relatedly, that Defendants violated the provision of the Act that prohibits any person from removing or rendering inoperative a motor vehicle’s certified emissions PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 34977 control system and from causing such ‘‘tampering.’’ Finally, the Complaint alleges that Defendants manufactured and sold more than 12,000 motorcycles from model years 2006, 2007, and 2008 that were not certified by EPA as required by the Clean Air Act. The Consent Decree requires Defendants to stop selling the illegal tuners in the United States by August 23, 2016. Defendants will also offer to buy back all such tuners in stock at Harley-Davidson dealerships across the country and destroy them. The Decree requires Defendants to obtain an Executive Order from the California Air Resources Board (CARB) for any tuners Defendants sell in the United States in the future. These Executive Orders (EOs) will demonstrate that the CARBcertified tuners do not cause Defendants’ motorcycles to exceed the EPA-certified emissions limits. Defendants must also conduct tests on motorcycles that have been tuned with the EO-certified tuners and provide the results to EPA to ensure that their motorcycles remain in compliance with EPA emissions requirements. In addition, for any uncertified Super Tuners that Defendants sell outside the United States in the future, they must label them as not for use in the United States. Under the Consent Decree, Defendants must also ensure that all of their future motorcycle models intended for sale in the United States are certified by EPA. Finally, Defendants will pay a civil penalty of $12 million. The Consent Decree lodged with the Court on July 20 is identical to a Consent Decree lodged with this Court on August 18, 2016, Dkt. 2, except that the Consent Decree lodged on July 20 (and on which comment is now being sought) does not include the requirement in the original Consent Decree for Defendants to ‘‘fund a program’’ (described in Appendix A of the original Consent Decree) that required Defendants to pay a third-party organization to mitigate emissions of hydrocarbons and oxides of nitrogen in the northeastern United States by replacing old, higher polluting woodstoves with emissions-certified woodstoves (‘‘mitigation project’’). As explained briefly below, certain new developments led the United States and Defendants to agree to revise the Consent Decree in this manner. On June 5, 2017, the Attorney General issued a policy, Prohibition on Settlement Payments to Third Parties, which prohibits a settlement that ‘‘directs or provides for a payment or loan to any non-governmental person or E:\FR\FM\27JYN1.SGM 27JYN1 mstockstill on DSK30JT082PROD with NOTICES 34978 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices entity that is not a party to the dispute[,]’’ unless it is ‘‘an otherwise lawful payment . . . that . . . directly remedies the harm that is sought to be redressed, including, for example, harm to the environment. . . .’’ This policy became effective upon issuance and applies to, among other things, consent decrees entered into on behalf of the United States. The original Consent Decree would have required Defendants to pay a non-governmental third-party organization to carry out the mitigation project. Questions exist as to whether this mitigation project is consistent with the new policy. The United States and Defendants also became aware that the U.S. Government Accountability Office (‘‘GAO’’) is developing a legal opinion regarding the original Consent Decree, focusing on the mitigation project. On February 6, 2017, the United States received a letter from counsel for Harley-Davidson asking the United States to delay moving to enter the Consent Decree until GAO completed its evaluation. The United States has been informed by GAO that development of its legal opinion would likely not be concluded for many more months. The mitigation project was also the subject of public comment during the notice and comment period. In light of these facts, the United States and Harley-Davidson attempted to negotiate a substitute mitigation project, but were unable to reach timely agreement on a suitable alternative. The United States is mindful of the length of time this settlement has already been pending and, in the interest of moving forward with the important relief secured by the Consent Decree, has sought and received Defendants’ approval to modify the Decree to remove the mitigation project. The United States has decided on balance that proceeding now with the substitute Consent Decree is in the public interest. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Harley-Davidson, Inc., et al., D.J. Ref. No. 90–5–2–1–11333. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: VerDate Sep<11>2014 19:17 Jul 26, 2017 Jkt 241001 To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ– ENRD, P.O. Box 7611 Washington, DC 20044–7611. Please enclose a check or money order for $9.50 (25 cents per page reproduction cost) payable to the United States Treasury. Karen Dworkin, Deputy Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–15780 Filed 7–26–17; 8:45 am] BILLING CODE 4410–15–P dollars ($5.9 million) to be allocated as established by the consent decree between the United States and Goodrich Corporation (‘‘Goodrich Consent Decree’’) approved by the Court on July 2, 2013 (Dkt. No. 1821). In return, the Goodrich Consent Decree provides, among other things, certain covenants not to sue pursuant to CERCLA and Section 7003 of Resource Conservation and Recovery Act, 42 U.S.C. 6973. The publication of this notice opens a period for public comment on the Wong Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to City of Colton v. American Promotional Events, Inc., et al., D.J. Ref. No. 90–11–2–09952. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC. 20044–7611 By mail ......... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 On July 18, 2017, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Central District of California, in the lawsuit entitled City of Colton v. American Promotional Events, Inc., et al., Civil Action No. CV 09– 01864 PSG [Consolidated with Case Nos. CV 09–6630 PSG (SSx), CV 09– 06632 PSG (SSx), CV 09–07501 PSG (SSx), CV 09–07508 PSG (SSx), CV 10– 824 PSG (SSx) and CV 05–01479 PSG (SSx)]. In this action, the United States filed a complaint under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Action (‘‘CERCLA’’), 42 U.S.C. 9607, seeking to recover response costs incurred in connection with the formerly named B.F. Goodrich Superfund Site, which was subsequently renamed the Rockets, Fireworks, and Flares Superfund Site (‘‘RFF Site’’). The proposed consent decree (‘‘Wong Consent Decree’’) requires the Estate of Wong (‘‘Estate’’) to pay five million nine hundred thousand PO 00000 Frm 00056 Fmt 4703 Sfmt 9990 Under Section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. During the public comment period, the Wong Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $12.50 (25 cents per page reproduction cost) payable to the United States Treasury. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–15861 Filed 7–26–17; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 34977-34978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15780]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On July 20, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Columbia in the lawsuit entitled United States v. Harley-Davidson, 
Inc., et al., Civil Action No. 1:16-cv-01687.
    The United States' Complaint, filed on August 18, 2016, Dkt. Nos. 
1, 4, alleges that Harley-Davidson, Inc. (and three related companies) 
manufactured and sold over 339,392 after-market devices (known as 
``Super Tuners'' and used with Harley-Davidson motorcycles) in 
violation of the Clean Air Act prohibition on the manufacture or sale 
of devices that defeat the functioning of the motorcycles' certified 
emissions control system. The Complaint also alleges, relatedly, that 
Defendants violated the provision of the Act that prohibits any person 
from removing or rendering inoperative a motor vehicle's certified 
emissions control system and from causing such ``tampering.'' Finally, 
the Complaint alleges that Defendants manufactured and sold more than 
12,000 motorcycles from model years 2006, 2007, and 2008 that were not 
certified by EPA as required by the Clean Air Act.
    The Consent Decree requires Defendants to stop selling the illegal 
tuners in the United States by August 23, 2016. Defendants will also 
offer to buy back all such tuners in stock at Harley-Davidson 
dealerships across the country and destroy them. The Decree requires 
Defendants to obtain an Executive Order from the California Air 
Resources Board (CARB) for any tuners Defendants sell in the United 
States in the future. These Executive Orders (EOs) will demonstrate 
that the CARB-certified tuners do not cause Defendants' motorcycles to 
exceed the EPA-certified emissions limits. Defendants must also conduct 
tests on motorcycles that have been tuned with the EO-certified tuners 
and provide the results to EPA to ensure that their motorcycles remain 
in compliance with EPA emissions requirements. In addition, for any 
uncertified Super Tuners that Defendants sell outside the United States 
in the future, they must label them as not for use in the United 
States.
    Under the Consent Decree, Defendants must also ensure that all of 
their future motorcycle models intended for sale in the United States 
are certified by EPA.
    Finally, Defendants will pay a civil penalty of $12 million.
    The Consent Decree lodged with the Court on July 20 is identical to 
a Consent Decree lodged with this Court on August 18, 2016, Dkt. 2, 
except that the Consent Decree lodged on July 20 (and on which comment 
is now being sought) does not include the requirement in the original 
Consent Decree for Defendants to ``fund a program'' (described in 
Appendix A of the original Consent Decree) that required Defendants to 
pay a third-party organization to mitigate emissions of hydrocarbons 
and oxides of nitrogen in the northeastern United States by replacing 
old, higher polluting woodstoves with emissions-certified woodstoves 
(``mitigation project''). As explained briefly below, certain new 
developments led the United States and Defendants to agree to revise 
the Consent Decree in this manner.
    On June 5, 2017, the Attorney General issued a policy, Prohibition 
on Settlement Payments to Third Parties, which prohibits a settlement 
that ``directs or provides for a payment or loan to any non-
governmental person or

[[Page 34978]]

entity that is not a party to the dispute[,]'' unless it is ``an 
otherwise lawful payment . . . that . . . directly remedies the harm 
that is sought to be redressed, including, for example, harm to the 
environment. . . .'' This policy became effective upon issuance and 
applies to, among other things, consent decrees entered into on behalf 
of the United States. The original Consent Decree would have required 
Defendants to pay a non-governmental third-party organization to carry 
out the mitigation project. Questions exist as to whether this 
mitigation project is consistent with the new policy.
    The United States and Defendants also became aware that the U.S. 
Government Accountability Office (``GAO'') is developing a legal 
opinion regarding the original Consent Decree, focusing on the 
mitigation project. On February 6, 2017, the United States received a 
letter from counsel for Harley-Davidson asking the United States to 
delay moving to enter the Consent Decree until GAO completed its 
evaluation. The United States has been informed by GAO that development 
of its legal opinion would likely not be concluded for many more 
months. The mitigation project was also the subject of public comment 
during the notice and comment period.
    In light of these facts, the United States and Harley-Davidson 
attempted to negotiate a substitute mitigation project, but were unable 
to reach timely agreement on a suitable alternative. The United States 
is mindful of the length of time this settlement has already been 
pending and, in the interest of moving forward with the important 
relief secured by the Consent Decree, has sought and received 
Defendants' approval to modify the Decree to remove the mitigation 
project.
    The United States has decided on balance that proceeding now with 
the substitute Consent Decree is in the public interest.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Harley-Davidson, Inc., et al., D.J. 
Ref. No. 90-5-2-1-11333. All comments must be submitted no later than 
thirty (30) days after the publication date of this notice. Comments 
may be submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Decree upon written request and payment of reproduction costs. 
Please mail your request and payment to: Consent Decree Library, U.S. 
DOJ-ENRD, P.O. Box 7611 Washington, DC 20044-7611.
    Please enclose a check or money order for $9.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Karen Dworkin,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-15780 Filed 7-26-17; 8:45 am]
 BILLING CODE 4410-15-P