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Notice of Filing of Consent Decree Under the Clean Air Act
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 3, 1998 (Volume 63, Number 212)]
[Notices]
[Page 59330-59331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no98-97]
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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 (exception two appendices which will be
the subject of a motion for leave to file under seal) in United States
v. Caterpillar, Inc., Civil Action No. 98-2544 (HHK), was filed with
the United States District Court for the District of Columbia. At the
same time, (1) Caterpillar, Inc. (``Caterpillar'') 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
Caterpillar under the Clean Air Act, as amended 42 U.S.C. 7401 et seq.
(``the Act''), that Caterpillar 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
(``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, Caterpillar 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 Caterpillar achieve early compliance (by October
1, 2002) with the more stringent NO<INF>X</INF> 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 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; and
(5) Meeting certain emission limits for nonroad engines one year
earlier than the law engines;
As additional injunctive relief Caterpillar also will spend up to
$35 million to fund projects approved by EPA and CARB that are designed
to reduce NO<INF>X</INF> 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 Caterpillar, including any ideas submitted by the public.
Caterpillar may receive credit against a portion of this $35 million
obligation in return for securing verifiable reductions in
NO<INF>X</INF> emissions not otherwise required by this Decree or other
applicable law, but in no event will its obligation to fund projects be
less then $25 million.
Finally, Caterpillar is required to pay $25 million of civil
penalties, twenty-five percent of which will be paid to CARB as part of
its parallel settlement with Caterpillar.
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 Environmental and Natural Resources Division, Department of
Justice, Washington, D.C. 20530, and should
[[Page 59331]]
refer to United States v. Caterpillar, Inc., Civil Action No. 98-2544
(HHK), D.J. Ref. 90-5-2-1-2255.
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., 3<SUP>RD</SUP> Floor,
Washington, D.C. 20005. In requesting a copy, please enclose a check in
the amount of $34.50 (25 cents per page reproduction cost) payable to
the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-29405 Filed 11-2-98; 8:45 am]
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