Navistar Says EPA Let Its Rivals Dictate Exhaust Rules
June 12 2009 - 7:12PM
Dow Jones News
Truck manufacturer Navistar International Corp. (NAV) is
accusing the U.S. Environmental Protection Agency of allowing rival
truck makers to dictate the dominant technology for reducing
pollution from diesel engines.
Navistar said the agency disregarded its own regulations and
rule making procedures to accommodate companies aiming to use an
emissions' treatment system known as Selective Catalyst Reduction,
or SCR, Navistar alleges SCR will be less effective at reducing
harmful emissions than the system it plans to use on its trucks
beginning next year.
"Manufacturers convinced EPA to permit them to use SCR
technology, not because it was cleaner, but because it was cheaper
for them to deploy," Navistar said in a federal court filing this
week. "EPA has bowed to the convenience argument of SCR
manufacturers ... and tilted the playing field with relaxed
requirements."
The agency did not return phone calls for a response.
The allegations are Navistar's most inflammatory to date in the
company's ongoing battle against SCR. Navistar is the only truck
maker in North America not using SCR. Stricter standards for
tailpipe pollution from diesel-powered commercial trucks take
effect Jan.1, 2010.
The Warrenville, Ill.-based company in March petitioned the U.S.
Court of Appeals in Washington, D.C., to review the EPA's
certification of SCR. In its latest filing, Navistar wants the
court to block engine maker Cummins Inc. (CMI); Daimler Trucks
North America LLC, maker of Freightliner trucks; Daimler's Detroit
Diesel engine division; and Volvo Group North America Inc. from
filing briefs in support of the EPA's evaluation of SCR.
"Manufacturers support EPA's position because it is, literally,
their position," Navistar said in the filing.
Cummins did not respond to a call for a comment. Volvo said in a
statement that Navistar's claims are a "desperate attempt to
mislead the court" and accused the company of misusing data from
Volvo's Web site to reach a "wildly inaccurate and misguided
conclusion" about SCR.
Meanwhile, a spokeswoman for Daimler said: "We strongly disagree
with the brief filed by Navistar and will respond accordingly
through the legal process."
In a response filed with the court Friday, the companies said
excluding them from the review would deprive them of protecting
vital business interests at stake in the case.
Navistar's filing said the EPA repeatedly complied with truck
makers wishes in sanctioning the use of SCR, which involves
filtering engine exhaust through a urea solution to reduce nitrogen
oxide and other pollutants in engine exhaust.
Navistar particularly objects to a rule allowing trucks to
operate for up to 1,000 miles without a functioning SCR system.
Navistar claims the exemption will allow truckers to frequently run
with empty urea tanks, undermining the pollution-reduction
regulations.
Navistar, meanwhile, is using a treatment system that
recirculates exhaust through its engines, eliminating the need for
urea and other treatment hardware used in SCR.
Critics have charged Navistar's exhaust treatment technology
falls short of meeting the EPA's standards and contributes to
reduced fuel economy, a key issue for commercial truck owners, by
impeding the flow of engine exhaust.
-By Bob Tita, Dow Jones Newswires; 312-750-4129;
robert.tita@dowjones.com