Deal cut

Navistar International Corp. has resolved its lawsuit filed last summer against the U.S. EPA. The resolution came about when EPA promised to hold a public workshop or hearing to address issues Navistar raised in its federal court appeal of EPA's certification policies for SCR-equipped diesel powered trucks. The truck and engine maker said it had asked the U.S. Court of Appeals in Washington, DC, to

Navistar International Corp. has resolved its lawsuit filed last summer against the U.S. EPA. The resolution came about when EPA “promised to hold a public workshop or hearing to address issues Navistar raised in its federal court appeal of EPA's certification policies for SCR-equipped diesel powered trucks.”

The truck and engine maker said it had asked the U.S. Court of Appeals in Washington, DC, to void those policies “because they had been adopted by the EPA 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 emissions requirements when they do not.

According to Navistar, the agreement provides that EPA will “engage in a public process to re-examine 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.” The company said that 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.”

“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. “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.”

In March, Navistar noted, its MaxxForce DT midrange diesel engines and MaxxForce 13 big-bore diesel engines were certified by EPA for model-year 2010.

The agreement must be published by EPA in the Federal Register for comment before it can become final.

“Cummins is pleased to know that a settlement was reached,” Christy Nycz, Cummins' on-highway market communications manager, told Fleet Owner. “We have been confident in our selection of SCR to meet the 2010 standards and feel this agreement shows that EPA continues to affirm its support of SCR technology.

“We understand that as part of the agreement, EPA will sponsor a public workshop [on SCR certification]. We look forward to participating in that as well,” she continued. “We believe SCR is the only technology capable of meeting the 2010 regulations while providing fuel-economy benefits. And we stand firm on that decision.”

Almost two weeks ago, Navistar resolved a similar lawsuit it had filed against the California Air Resources Board (CARB). That suit had alleged that CARB was improperly certifying 2010 diesel engines equipped with SCR aftertreatment systems to control emissions of oxides of nitrogen (NOx).

“SCR technology is the only currently available option for complying with the 2010 emission standards without the use of emission credits,” DTNA spokesperson Maria McCullough told Fleet Owner.

“We are pleased that the uncertainty caused by questionable litigation is now eliminated,” she added, “and that the EPA remains committed to supporting SCR technology. Daimler Trucks North America will always work to provide the cleanest and most fuel efficient products to our customers.”

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