[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59332-59333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29403]
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DEPARTMENT OF JUSTICE
Notice of Filing of Consent Decree Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby given that on October 22, 1998,
a proposed Consent Decree (excepting two appendices which will be the
subject of a motion for leave to file under seal) in United States v.
Mack Trucks, Inc., Civil Action No. 98-1495 (HHK), and United States v.
Renault Vehicules Industriels, Civil Action No. 98-2543 (HHK), was
filed with the United States District Court for the District of
Columbia. At the same time, (1) Mack Trucks, Inc. (``Mack''), Renault
Vehicules Industriels (``Renault'') and the California Air Resources
Board (``CARB'') have concluded related settlement agreements that
resolve California claims similar to the federal claims addressed by
this proposed Consent Decree; and (2) the United States filed similar
settlements with five other manufacturers of motor vehicle diesel
engines, notice of which is also being published at this time.
The United States has asserted in civil complaints against Mack and
Renault under the Clean Air Act, as amended 42 U.S.C. 7401 et seq.
(``the Act''), that Mack and Renault sold, offered for sale, or
introduced or delivered for introduction into commerce, certain heavy
duty diesel engines that are equipped with computer software that
alters fuel injection timing when the engines are in actual use,
relative to the fuel injection timing used to control emissions of
oxides of nitrogen (``NOX'') on the emissions test (the
Federal Test Procedure or ``FTP'') required by U.S. Environmental
Protection Agency (``EPA'') regulations for the sale of motor vehicle
engines in the United States. The United States alleges in its
complaint that these computer strategies have an adverse effect on the
engines' emission control system for NOX, that they were not
adequately disclosed to EPA, that they are emission-control defeat
devices prohibited under the Act, and that these engines are not
covered by an EPA Certificate of Conformity, as required by the Act for
motor vehicle engines to be sold in the United States.
Under the proposed Consent Decree, Mack and Renault have agreed to
[[Page 59333]]
resolve the United States' claims by, among other things:
(1) Reducing emissions from heavy duty diesel engines and
eliminating the strategies of concern in future production, in
accordance with the schedule set forth in the proposed Decree. This
includes a substantial reduction in emissions by the end of this year,
and a requirement that Mack and Renault achieve early compliance (by
October 1, 2002) with the more stringent NOX plus nonmethane
hydrocarbon emission standard that would otherwise not apply (under
current law) until January 1, 2004;
(2) Meeting Consent Decree emission limits both on the FTP and on a
supplemental test called the EURO III test, which measures emissions
under steady state conditions;
(3) Meeting ``emission surface limits'' and ``not-to-exceed''
limits that impose specific emissions limits in real-world operating
conditions;
(4) Addressing emissions from engines previously sold and currently
in use by developing and supplying dealers and independent rebuilder
with Low NOX Rebuild Kits, which would be used by engine
rebuilders at the time of rebuild, and would reduce NOX
emissions in rebuilt engines; and
(5) Meeting certain emission limits for nonroad engines one year
earlier than the law requires;
As additional injunctive relief Mack and Renault also will spend up
to $18 million to fund projects approved by EPA and CARB that are
designed to reduce NOX and PM emissions. Some of those
projects are already specified in the Consent Decree. Others will be
selected after the close of the public comment period following
consideration of, and review and approval by the United States and
CARB, or projects proposed by Mack and Renault, including any ideas
submitted by the public. Mack and Renault may receive credit against a
portion of this $18 million obligation in return for securing
verifiable reductions in NOX emissions not otherwise
required by this Decree or other applicable law, but in no even will
its obligation to fund projects be less than $11 million.
Finally, Mack and Renault are required to pay $13 million in civil
penalties, twenty-five percent of which will be paid to CARB as part of
its parallel settlement with Mack and Renault.
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
of the Environment and Natural Resources Division, Department of
Justice, Washington, D.C. 20530, and should refer to United States v.
Mack Trucks, Inc., Civil Action No. 98-1495 (HHK), D.J. Ref. 90-5-2-1-
2251, and United States v. Renault Vehicules Industriels, Civil Action
No. 98-2543 (HHK), D.J. Ref. 90-5-2-1-2251/1.
The Consent Decree may be examined at the Office of the United
States Attorney for the District of Columbia, Judiciary Center Bldg.,
555 Fourth St., N.W., Washington, D.C. 20001; at the Environmental
Protection Agency Library, Reference Desk, Room 2904, 401 M Street,
S.W., Washington, D.C. 20460; and at the Consent Decree Library, 1120 G
Street, N.W., 3rd Floor, Washington, D.C. 20005, 202-624-0892. A copy
of the Consent Decree may be obtained in person or by mail from the
Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington,
D.C. 20005. In requesting a copy, please enclose a check in the amount
of $29.00 (25 cents per page reproduction cost) payable to the Consent
Decree Library.
Joel M. Gross,
Chief, Environment Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-29403 Filed 11-2-98; 8:45 am]
BILLING CODE 4410-15-M
