[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