WASHINGTON (AP) — The Justice Department is seeking to waive part of the penalty Harley Davidson Inc. agreed to pay last year to settle a case over air pollution involving racing tuners that caused its motorcycles to emit higher-than-allowed pollution levels.

The Justice Department on Thursday filed a new consent decree with the U.S. District Court for the District of Columbia. It eliminates a requirement that the Milwaukee-based company spend $3 million to curb air pollution in local communities by paying to replace conventional woodstoves with cleaner-burning versions.

Harley-Davidson would still pay a $12 million fine.

Attorney General Jeff Sessions directed government lawyers last month to no longer seek settlements requiring offenders to pay third-party organizations to carry out pollution mitigation projects.

A judge must still approve the settlement.