Notice of Filing of Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Filing of Consent Decree Under the Clean Air Act

Under 28 C.F.R. 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. Volvo Truck, Corp. Civil Action No. 98-2547 (HHK), was filed with

the United States District Court for the District of Columbia. At the

same time, (1) Volvo Truck Corp. (``Volvo'') 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 Volvo

under the Clean Air Act, as amended 42 U.S.C. 7401 et seq. (``the

Act''), that Volvo 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, Volvo has agreed to 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 Volvo 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 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 Volvo also will spend up to $9

million to fund project 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 of projects proposed

by Volvo, including any ideas submitted by the public. Volvo may

receive credit against a portion of this $9 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 $6 million.

Finally, Volvo is required to pay $5 million in civil penalties,

twenty-five percent of which will be paid to CARB as part of its

parallel settlement with Volvo. 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. Volvo Truck, Corp. Civil Action No.

98-2547 (HHK), D.J. Ref. 90-5-2-1-2256.

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

$35.75 (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. 98-29402 Filed 11-2-98; 8:45 am]

BILLING CODE 4410-15-M