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 in United States v. Navistar International

Corp., Civil Action No. 98-2545 (HHK), was filed with the United States

District Court for the District of Columbia. At the same time, (i)

Navistar International Corp. (``Navistar'') 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

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

(``the Act''), that Navistar sold, offered for sale, or introduced or

delivered for introduction into commerce, certain model year 1996

through 1998, 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, Navistar has agreed to resolve

the United States' claims by, among other things:

(1) Achieving emission reductions in addition to those already

required by law of at least 40,000 tons of NOX, through

early compliance with new and more stringent emission standards,

environmental projects, or other steps resulting in quantifiable and

verifiable results.

(2) Addressing emissions from engines previously sold and currently

in use by developing and supplying its dealers and distributors 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;

(3) Meeting certain emission limits for nonroad engines one year

earlier than the law requires;

(4) Participating in an in-use test program to evaluate the actual

emissions performance of in-use heavy-duty diesel engines; and

(5) Voiding certain emissions averaging, banking and trading credit

that otherwise would be available to Navistar to meet emission

standards applicable to its engines.

Finally, Navistar is required to pay $2.9 million in civil

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

its parallel settlement with Navistar.

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.

Navistar

[[Page 59334]]

International Corp., Civil Action No. 98-2545 (HHK), D.J. Ref. 90-5-2-

1-2252.

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 $16.00 (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. 98-29406 Filed 11-2-98; 8:45 am]

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