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 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

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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]

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