[Federal Register: November 3, 1998 (Volume 63, Number 212)]
[Notices]               
[Page 59333-59334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no98-101]

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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 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 (``NO<INF>X</INF>'') 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 NO<INF>X</INF>, 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 NO<INF>X</INF>, 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 NO<INF>X</INF> Rebuild Kits, which would be used by engine 
rebuilders at the time of rebuild, and would reduce NO<INF>X</INF> 
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]
BILLING CODE 4410-15-M