[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Notices]
[Pages 59333-59334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29406]
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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 in United States v. Navistar International
Corp., Civil Action No. 98-2545 (HHK), was filed with the United States
District Court for the District of Columbia. At the same time, (i)
Navistar International Corp. (``Navistar'') 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
Navistar under the Clean Air Act, as amended 42 U.S.C. 7401 et seq.
(``the Act''), that Navistar sold, offered for sale, or introduced or
delivered for introduction into commerce, certain model year 1996
through 1998, 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, Navistar has agreed to resolve
the United States' claims by, among other things:
(1) Achieving emission reductions in addition to those already
required by law of at least 40,000 tons of NOX, through
early compliance with new and more stringent emission standards,
environmental projects, or other steps resulting in quantifiable and
verifiable results.
(2) Addressing emissions from engines previously sold and currently
in use by developing and supplying its dealers and distributors 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;
(3) Meeting certain emission limits for nonroad engines one year
earlier than the law requires;
(4) Participating in an in-use test program to evaluate the actual
emissions performance of in-use heavy-duty diesel engines; and
(5) Voiding certain emissions averaging, banking and trading credit
that otherwise would be available to Navistar to meet emission
standards applicable to its engines.
Finally, Navistar is required to pay $2.9 million in civil
penalties, twenty-five percent of which will be paid to CARB as part of
its parallel settlement with Navistar.
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.
Navistar
[[Page 59334]]
International Corp., Civil Action No. 98-2545 (HHK), D.J. Ref. 90-5-2-
1-2252.
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 $16.00 (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. 98-29406 Filed 11-2-98; 8:45 am]
BILLING CODE 4410-15-M
