Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 34977

1933–1979 MPS), Rd., Polk County control system and from causing such Murphy, MP100001459 Ocoee No. 3 Hydroelectric Project, ‘‘tampering.’’ Finally, the Complaint Hiwassee Hydroelectric Project, ( (Tennessee Valley Authority Hydroelectric alleges that Defendants manufactured Valley Authority Hydroelectric System, System, 1933–1979 MPS), 1988 US 64, and sold more than 12,000 motorcycles 1933–1979 MPS), 600 Powerhouse Rd., Benton, MP100001473 from model years 2006, 2007, and 2008 Murphy, MP100001460 Rhea County that were not certified by EPA as Clay County required by the Clean Air Act. Watts Barr Hydroelectric Project, (Tennessee The Consent Decree requires Chatuge Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, Valley Authority Hydroelectric System, 1933–1979 MPS), 6868 Watts Bar Hwy., Defendants to stop selling the illegal 1933–1979 MPS), 221 Old Ranger Rd., Spring City, MP100001474 tuners in the United States by August Hayesville, MP100001461 23, 2016. Defendants will also offer to Sevier County Graham County buy back all such tuners in stock at Douglas Hydroelectric Project, (Tennessee Harley-Davidson dealerships across the Fontana Hydroelectric Project, (Tennessee Valley Authority Hydroelectric System, country and destroy them. The Decree Valley Authority Hydroelectric System, 1933–1979 MPS), 850 Powerhouse Way, requires Defendants to obtain an 1933–1979 MPS), 1011 Rd., Dandridge, MP100001475 Fontana Dam, MP100001462 Executive Order from the California Air Sullivan County Resources Board (CARB) for any tuners TENNESSEE Boone Hydroelectric Project, (Tennessee Defendants sell in the United States in Carter County Valley Authority Hydroelectric System, the future. These Executive Orders (EOs) will demonstrate that the CARB- Watauga Hydroelectric Project, (Tennessee 1933–1979 MPS), 301 Rd., Valley Authority Hydroelectric System, Kingsport, MP100001476 certified tuners do not cause Fort Patrick Henry Hydroelectric Project, 1933–1979 MPS), 774 Rd., Defendants’ motorcycles to exceed the (Tennessee Valley Authority Hydroelectric Elizabethton, MP100001463 EPA-certified emissions limits. System, 1933–1979 MPS), Rt. 1 Box 2385, Defendants must also conduct tests on Coffee County Kingsport, MP100001477 motorcycles that have been tuned with Project, (Tennessee Valley South Holston Hydroelectric Project, (Tennessee Valley Authority Hydroelectric the EO-certified tuners and provide the Authority Hydroelectric System, 1933– results to EPA to ensure that their 1979 MPS), Frank Hiles Rd. E of Coffee- System, 1933–1979 MPS), 918 South View Rd., Bristol, MP100001478 motorcycles remain in compliance with Bedford County Line, Normandy, EPA emissions requirements. In MP100001464 Authority: 60.13 of 36 CFR part 60. addition, for any uncertified Super Franklin County Dated: July 5, 2017. Tuners that Defendants sell outside the Tims Ford Hydroelectric Project, (Tennessee J. Paul Loether, United States in the future, they must Valley Authority Hydroelectric System, Chief, National Register of Historic Places/ label them as not for use in the United 1933–1979 MPS), 461 Powerhouse Rd., National Historic Landmarks Program and States. Winchester, MP100001465 Keeper, National Register of Historic Places. Under the Consent Decree, Hamilton County [FR Doc. 2017–15781 Filed 7–26–17; 8:45 am] Defendants must also ensure that all of BILLING CODE 4312–52–P their future motorcycle models intended Chickamauga Hydroelectric Project, for sale in the United States are certified (Tennessee Valley Authority Hydroelectric System, 1933–1979 MPS), 5400 Lake by EPA. Resort Dr., Chattanooga, MP100001466 DEPARTMENT OF JUSTICE Finally, Defendants will pay a civil penalty of $12 million. Hardin County Notice of Lodging of Proposed The Consent Decree lodged with the Pickwick Landing Hydroelectric Project, Consent Decree Under the Clean Air Court on July 20 is identical to a (Tennessee Valley Authority Hydroelectric Act Consent Decree lodged with this Court System, 1933–1979 MPS), 850 Carolina on August 18, 2016, Dkt. 2, except that Ln., Counce, MP100001467 On July 20, 2017, the Department of the Consent Decree lodged on July 20 Jefferson County Justice lodged a proposed Consent (and on which comment is now being Decree with the United States District Cherokee Hydroelectric Project, (Tennessee sought) does not include the Valley Authority Hydroelectric System, Court for the District of Columbia in the requirement in the original Consent 1933–1979 MPS), 450 Powerhouse Rd., lawsuit entitled United States v. Harley- Decree for Defendants to ‘‘fund a Rutledge, MP100001468 Davidson, Inc., et al., Civil Action No. program’’ (described in Appendix A of 1:16–cv–01687. the original Consent Decree) that Loudon County The United States’ Complaint, filed required Defendants to pay a third-party Fort Loudon Hydroelectric Project, on August 18, 2016, Dkt. Nos. 1, 4, organization to mitigate emissions of (Tennessee Valley Authority Hydroelectric alleges that Harley-Davidson, Inc. (and hydrocarbons and oxides of nitrogen in System, 1933–1979 MPS), 1280 City Park three related companies) manufactured Dr., Lenoir City, MP100001469 the northeastern United States by Melton Hill Hydroelectric Project, (Tennessee and sold over 339,392 after-market replacing old, higher polluting Valley Authority Hydroelectric System, devices (known as ‘‘Super Tuners’’ and woodstoves with emissions-certified 1933–1979 MPS), 2009 Grubb Rd., Lenoir used with Harley-Davidson woodstoves (‘‘mitigation project’’). As City, MP100001470 motorcycles) in violation of the Clean explained briefly below, certain new Project, (Tennessee Valley Air Act prohibition on the manufacture developments led the United States and Authority Hydroelectric System, 1933– or sale of devices that defeat the Defendants to agree to revise the 1979 MPS), c/o 1280 City Park Dr., Lenoir functioning of the motorcycles’ certified Consent Decree in this manner. City, MP100001471 emissions control system. The On June 5, 2017, the Attorney General Marion County Complaint also alleges, relatedly, that issued a policy, Prohibition on Nickajack Hydroelectric Project, (Tennessee Defendants violated the provision of the Settlement Payments to Third Parties, Valley Authority Hydroelectric System, Act that prohibits any person from which prohibits a settlement that 1933–1979 MPS), 3490 TVA Rd., Jasper, removing or rendering inoperative a ‘‘directs or provides for a payment or MP100001472 motor vehicle’s certified emissions loan to any non-governmental person or

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entity that is not a party to the dollars ($5.9 million) to be allocated as To submit Send them to: dispute[,]’’ unless it is ‘‘an otherwise comments: established by the consent decree lawful payment . . . that . . . directly between the United States and Goodrich remedies the harm that is sought to be By email ...... pubcomment-ees.enrd@ Corporation (‘‘Goodrich Consent usdoj.gov. redressed, including, for example, harm By mail ...... Assistant Attorney General, Decree’’) approved by the Court on July to the environment. . . .’’ This policy U.S. DOJ–ENRD, P.O. Box 2, 2013 (Dkt. No. 1821). In return, the became effective upon issuance and 7611, Washington, DC Goodrich Consent Decree provides, applies to, among other things, consent 20044–7611. among other things, certain covenants decrees entered into on behalf of the not to sue pursuant to CERCLA and United States. The original Consent During the public comment period, Section 7003 of Resource Conservation Decree would have required Defendants the Consent Decree may be examined and Recovery Act, 42 U.S.C. 6973. and downloaded at this Justice to pay a non-governmental third-party The publication of this notice opens organization to carry out the mitigation Department Web site: https:// www.justice.gov/enrd/consent-decrees. a period for public comment on the project. Questions exist as to whether We will provide a paper copy of the Wong Consent Decree. Comments this mitigation project is consistent with Decree upon written request and should be addressed to the Assistant the new policy. payment of reproduction costs. Please Attorney General, Environment and The United States and Defendants mail your request and payment to: Natural Resources Division, and should also became aware that the U.S. Consent Decree Library, U.S. DOJ– refer to City of Colton v. American Government Accountability Office ENRD, P.O. Box 7611 Washington, DC Promotional Events, Inc., et al., D.J. Ref. (‘‘GAO’’) is developing a legal opinion 20044–7611. No. 90–11–2–09952. All comments must regarding the original Consent Decree, Please enclose a check or money order be submitted no later than thirty (30) focusing on the mitigation project. On for $9.50 (25 cents per page days after the publication date of this February 6, 2017, the United States reproduction cost) payable to the United notice. Comments may be submitted received a letter from counsel for States Treasury. either by email or by mail: Harley-Davidson asking the United Karen Dworkin, States to delay moving to enter the Deputy Section Chief, Environmental To submit Send them to: Consent Decree until GAO completed its Enforcement Section, Environment and comments: Natural Resources Division. evaluation. The United States has been By email ...... pubcomment-ees.enrd@ informed by GAO that development of [FR Doc. 2017–15780 Filed 7–26–17; 8:45 am] usdoj.gov. its legal opinion would likely not be BILLING CODE 4410–15–P By mail ...... Assistant Attorney General, concluded for many more months. The U.S. DOJ—ENRD, P.O. mitigation project was also the subject Box 7611, Washington, DC. of public comment during the notice DEPARTMENT OF JUSTICE 20044–7611 and comment period. Notice of Lodging of Proposed In light of these facts, the United Consent Decree Under the Under Section 7003(d) of RCRA, a States and Harley-Davidson attempted Comprehensive Environmental commenter may request an opportunity to negotiate a substitute mitigation Response, Compensation, and Liability for a public meeting in the affected area. project, but were unable to reach timely Act of 1980 During the public comment period, agreement on a suitable alternative. The On July 18, 2017, the Department of the Wong Consent Decree may be United States is mindful of the length of Justice lodged a proposed Consent examined and downloaded at this time this settlement has already been Decree with the United States District Justice Department Web site: https:// pending and, in the interest of moving Court for the Central District of www.justice.gov/enrd/consent-decrees. forward with the important relief California, in the lawsuit entitled City of We will provide a paper copy of the secured by the Consent Decree, has Colton v. American Promotional Events, Consent Decree upon written request sought and received Defendants’ Inc., et al., Civil Action No. CV 09– and payment of reproduction costs. approval to modify the Decree to 01864 PSG [Consolidated with Case Please mail your request and payment remove the mitigation project. Nos. CV 09–6630 PSG (SSx), CV 09– to: Consent Decree Library, U.S. DOJ— The United States has decided on 06632 PSG (SSx), CV 09–07501 PSG ENRD, P.O. Box 7611, Washington, DC balance that proceeding now with the (SSx), CV 09–07508 PSG (SSx), CV 10– 20044–7611. 824 PSG (SSx) and CV 05–01479 PSG substitute Consent Decree is in the Please enclose a check or money order (SSx)]. public interest. In this action, the United States filed for $12.50 (25 cents per page The publication of this notice opens a complaint under Section 107 of the reproduction cost) payable to the United a period for public comment on the Comprehensive Environmental States Treasury. Consent Decree. Comments should be Response, Compensation, and Liability Henry Friedman, Action (‘‘CERCLA’’), 42 U.S.C. 9607, addressed to the Assistant Attorney Assistant Section Chief, Environmental seeking to recover response costs General, Environment and Natural Enforcement Section, Environment and Resources Division, and should refer to incurred in connection with the Natural Resources Division. formerly named B.F. Goodrich United States v. Harley-Davidson, Inc., [FR Doc. 2017–15861 Filed 7–26–17; 8:45 am] Superfund Site, which was et al., D.J. Ref. No. 90–5–2–1–11333. All BILLING CODE 4410–15–P comments must be submitted no later subsequently renamed the Rockets, than thirty (30) days after the Fireworks, and Flares Superfund Site publication date of this notice. (‘‘RFF Site’’). The proposed consent decree (‘‘Wong Consent Decree’’) Comments may be submitted either by requires the Estate of Wong (‘‘Estate’’) to email or by mail: pay five million nine hundred thousand

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