[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59331-59332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29404]
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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 that will be the
subject of a motion for leave to file under seal) in United States v.
Detroit Diesel Corporation, Civil Action No. 98-2548 (HHK), was filed
with the United States District Court for the District of Columbia. At
the same time, (1) Detroit
[[Page 59332]]
Diesel Corporation (``DDC'') and the California Air Resources Board
(``CARB'') have concluded a related settlement agreement that resolves
California claims similar to the federal claims addressed by this
proposed Consent Decree; and (2) the United States filed similar
settlements with six other manufacturers of motor vehicle diesel
engines, notice of which is also being published at this time.
The United States has asserted in a civil complaint against DDC
under the Clean Air Act, as amended 42 U.S.C. 7401 et seq. (``the
Act''), that DDC 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 and nonroad 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, DDC has agreed to resolve the
United States' claims by, among other things:
(1) Reducing emissions from motor vehicle and nonroad 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 from motor
vehicle diesel engines by the end of this year, and a requirement that
DDC achieve early compliance (by October 1, 2002) with the more
stringent NOX plus nonmethane hydrocarbon emission standard
that would otherwise not apply to motor vehicle diesel engines (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 rebuilders
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 DDC also will spend up to $12
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 and following consideration of,
and review and approval by the United States and CARB, of projects
proposed by DDC, including any ideas submitted by the public. DDC may
receive credit against a portion of this $12 million obligation in
return for securing verifiable reductions in NOX emissions
not otherwise required by this Decree or other applicable law, but in
no event will its obligation to fund projects be less than $7 million.
Finally, DDC is required to pay $12.5 million in civil penalties,
twenty-five percent of which will be paid to CARB as part of its
parallel settlement with DDC.
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, DC 20530, and should refer to United States v.
Detroit Diesel Corporation, Civil Action No. 98-2548 (HHK), D.J. Ref.
90-5-2-1-2253.
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., NW., Washington, DC 20001; at the Environmental
Protection Agency Library, Reference Desk, Room 2904, 401 M Street,
SW., Washington, DC 20460; and at the Consent Decree Library, 1120 G
Street, NW., 3rd Floor, Washington, DC 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, NW., 3rd Floor, Washington, DC
20005. In requesting a copy, please enclose a check in the amount of
$40.50 (25 cents per page reproduction cost) payable to the Consent
Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-29404 Filed 11-2-98; 8:45 am]
BILLING CODE 4410-15-M
