CHALLENGE * USA - Navistar vs. EPA
Navistar sues over engine technology
Warrenville,ILL,USA -eTrucker -30 May 2009: -- On March 31, Navistar Inc., quietly filed a challenge in a federal appeals court to the Environmental Protection Agency’s Feb. 18, 2009 certification requirements for heavy-duty engines using selective catalytic reduction (SCR)... On May 4, the truck maker submitted a statement of issues to the U.S. Court of Appeals for the District of Columbia raising the question of whether EPA can adopt the 2009 SCR guidance without a rulemaking proceeding... Navistar charges that the 2009 SCR guidance relaxes the 0.2 gram standard and approves a control technology that EPA in 2001 concluded would not allow the standard to be met on a fleetwide basis... The truck maker also alleges the 2009 guidance imposes entirely new regulatory requirements and allows diesel engine manufacturers to release uncontrolled NOx emissions on the highway, create highway safety hazards and certify engines to an emission standard that the engines will exceed. In the statement of issues, Navistar also contends, among other things, that the 2009 SCR guidance:
# Improperly amends the 2001 rule establishing the 0.2-gram NOx standard;
# Reverses the 2001 “infeasibility” finding in a way that requires another rulemaking;
# Approves a control technology that causes or contributes to an unreasonable risk to public health, welfare or safety;
# Authorizes operation of diesel engines with their emission control devices bypassed, defeated or rendered inoperative; and
# Ignores EPA’s own “not-to-exceed” emissions standards.
Under an April 3 order from the court, further briefing in the case is deferred until further notice...
Labels: SCR selective catalyst reduction
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