A look at Navistar’s withdrawal of a lawsuit against CARB

| Published on May 30, 2010

Navistar International Corp. on April 22 withdrew a lawsuit it previously filed against the California Air Resources Board (CARB) following an agreement with CARB that addresses the issues that prompted the court action.



Navistar had sought a ruling in a San Francisco Superior Court declaring that CARB was improperly certifying 2010 diesel engines equipped with an after treatment system called SCR that is used to control emissions of oxides of nitrogen (NOx). The lawsuit charged that CARB was applying certification requirements that permitted SCR equipped diesel powered trucks to operate for extended periods without any control of NOx emissions.



The requirements were contained in U.S. Environmental Protection Agency (EPA) 2009 guidance documents, which the lawsuit also charged, had been adopted by CARB. A separate court action challenging the EPA’s 2009 guidance is still pending in Washington, D.C.



In its lawsuit against CARB, Navistar charged, the 2009 guidance allows engines to operate for multiple and lengthy periods of time with the NOx emission control SCR Systems turned off, causing uncontrolled NOx to be discharged into the air. The company asked the court to declare that CARB’s adoption of the 2009 guidance was null and void.


Navistar dismissed its lawsuit after reaching an agreement with CARB in which CARB agreed that the 2009 guidance documents are not its policy. CARB also agreed to convene a public workshop no later than August to address the issues Navistar raised. Navistar expects the workshop to produce an outcome that will eliminate the opportunity for SCR equipped trucks to operate with uncontrolled NOx emissions for multiple and lengthy periods of time.

“We are pleased that CARB is taking this action, and we look forward to participating in the workshop,” said Jack Allen, president of Navistar’s North American Truck Group, in a press statement. “We expect that our agreement with CARB will result in equal enforcement of the 2010 NOx requirements for all engine makers.”

In March, Navistar’s MaxxForce DT mid-range diesel engines and MaxxForce 13 big bore diesel engines were certified by CARB for model year 2010. 


 

Navistar, EPA reach agreement on lawsuit

 

Warrenville, Ill.-based Navistar International Corp. on May 3 reached an agreement with the Environmental Protection Agency (EPA) that settles lawsuits the truck company had filed in March 2009 concerning the agency’s certification policies for diesel-powered trucks equipped with selective catalytic reduction (SCR).


The agreement calls for EPA to hold a public workshop or hearing to address the issues Navistar raised in its challenges before the U.S. Court of Appeals for the District of Columbia Circuit.


Navistar had asked the United States Court of Appeals in Washington, D.C. to void those polices because the EPA had adopted them without the public process required by law, but instead following input only from the SCR engine makers. In its appeal, Navistar charged that EPA is using those policies to allow SCR- equipped diesel powered trucks to operate for extended periods without any control of NOx emissions and is certifying SCR engines as meeting NOx emission requirements when they do not.


The agreement provides that EPA will engage in a public process to reexamine its policies for future 2011 and later model year engines, during which it will provide a thorough review of EPA’s policies regarding operation of SCR-equipped engines. EPA also has promised to ensure, among other things, that SCR equipped heavy duty diesel engines are designed to properly control emissions as required under applicable regulations.


EPA in the Federal Register must publish for comment the agreement before it can become final.


“We are pleased with this agreement and look forward to participating in the public process,” said Jack Allen, president of Navistar’s North American Truck Group, said in a press statement. “We believe that with full and open public participation, EPA will develop a new approach that will result in equal enforcement of the 2010 NOx requirements for all engine makers.”


 





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