[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]
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