[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Page 77189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24616]


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DEPARTMENT OF JUSTICE


Notice of Proposed Agreement Resolving Dispute Under Consent 
Decree in United States v. Detroit Diesel Corporation

    Notice is hereby given of a proposed Agreement Resolving Dispute 
Under Consent Decree (``Agreement'') in the case of United States v. 
Detroit Diesel Corporation, Civil Action No. 98-02548, in the United 
States District Court for the District of Columbia.
    The Agreement resolves two matters involving DDC's alleged failure 
to comply with a 1999 Consent Decree settling claims under Title II of 
the Clean Air Act, 42 U.S.C. 7521 et seq. (the ``Act''), regarding the 
alleged use of illegal emission-control ``defeat devices'' on DDC's 
1998 and prior heavy-duty diesel engines (``HDDEs''). The first matter 
concerns DDC's use of a computer-based auxiliary emission control 
device (``AECD'') to control ``white smoke,'' i.e., visible exhaust 
caused by incomplete combustion of diesel fuel, on 35,667 model year 
2000 Series 50 urban bus engines and model year 2001 Series 60 HDDEs. 
The white smoke AECD, which required EPA approval, was not accurately 
described in DDC's applications to EPA for regulatory ``certificates of 
conformity'' permitting the sale of the engines in the United States. 
The second matter concerns 2,096 model year 2003 and 2004 Series 50 
urban bus engines that, under specific engine operating conditions, may 
emit particulate matter (``PM'') at levels higher than the ``not-to-
exceed'' or ``NTE'' limit for PM imposed by the Consent Decree.
    These violations are addressed through DDC's payment of stipulated 
penalties in the amount of $535,000, provisions for the completion of 
previously initiated recalls to fix the white smoke AECD and the NTE 
exceedance engines until at least 24,967 of the former and all of the 
latter have been repaired, and the mandatory continuation of a program 
to obtain NOX emission reductions through modifications to 
the engine control software (known as ``early Low NOX 
Rebuild'' from older, higher emitting engines manufactured by DDC and 
still in use in trucks. DDC is required to achieve at least 8,000 tons 
of NOX emission reductions through early Low NOX 
Rebuilds, and is also required to continue this program beyond the 
8,000-ton requirement for so long as engines for which its Low 
NOX Rebuild software is available remain in service.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Agreement. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Divisions, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Detroit Diesel Corporation, D.J. Ref. 90-5-2-1-
2253.
    During the public comment period, the Agreement may be examined on 
the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html.
    A copy of the Agreement may also be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC, 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy of the Decree 
from the Consent Decree Library, please enclose a check in the amount 
of $4.25 (25 cents per page reproduction cost for 210 pages) payable to 
the U.S. Treasury.

Karen Dworkin,
Assistant Chief, Environmental Enforcement Section.
[FR Doc. 05-24616 Filed 12-28-05; 8:45 am]
BILLING CODE 4410-15-M