[Federal Register Volume 75, Number 153 (Tuesday, August 10, 2010)]
[Notices]
[Pages 48361-48362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19622]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on August 4, 2010, a proposed Consent 
Decree (the ``Decree'') in United States v. Massachusetts Bay 
Transportation Authority (``MBTA'') and Massachusetts Bay Commuter 
Railroad Company, L.L.C., Civil Action No. 1:10-cv-11311, was lodged 
with the United States District Court for the District of 
Massachusetts.
    In a complaint, filed simultaneously with the Decree, the United 
States alleges that the Massachusetts Bay Transportation Authority 
(``MBTA'') and the Massachusetts Bay Commuter Railroad Company, L.L.C. 
(``MBCR'') violated the Clean Air Act, 42 U.S.C. 7401 et seq., and 310 
CMR Sec.  7.11(2)(b), a regulation included in the Massachusetts' State 
Implementation Plan, by causing, suffering, allowing, or permitting the 
unnecessary foreseeable idling of a diesel powered locomotive for a 
continuous period of time longer than thirty minutes, and not subject 
to the regulation's exception.
    Pursuant to the Decree, MBTA and MBCR will: (1) Install sufficient 
electric plug-in stations throughout the MBTA's commuter rail system to 
fully supply electric auxiliary power to all diesel locomotives that 
lay over at all of the MBTA's layover facilities; (2) implement a fuel 
switch supplemental environmental project (``SEP'') that requires 
Defendants to switch the MBTA's entire commuter train fleet from low 
sulfur diesel fuel (500 ppm sulfur) to ultra-low sulfur diesel fuel (15 
ppm sulfur) two years prior to federal regulations mandating the 
switch; and (3) retrofit 14 diesel locomotives with new head end power 
units that have increased emission controls. MBTA and MBCR will also 
pay a $225,000 civil penalty to the United States pursuant to the 
Decree.
    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, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S.

[[Page 48362]]

Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Massachusetts Bay Transportation Authority (``MBTA'') 
and Massachusetts Bay Commuter Railroad Company, L.L.C., D.J. Ref. 90-
5-2-1-09617.
    During the public comment period, the Decree may also be examined 
on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 ([email protected]), 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 $7.75 (25 cents per page reproduction cost) 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.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-19622 Filed 8-9-10; 8:45 am]
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