Some truck OEMs, including Daimler Trucks North America and the Volvo Group, have asked a federal appeals court to throw out an EPA rule that permitted Navistar to pay “non-conformance penalties” while continuing to sell diesel engines that failed to meet 2010 federal emissions standards.
The argument, before a U.S. District Court of Appeals, is that the EPA should not have allowed the penalties because Navistar could have employed alternative selective catalytic reduction (SCR) technology rather than exhaust gas recirculation.
Navistar was the only truck and engine manufacturer to use this technology to meet the 2010 emissions standards. It has seen gone with SCR technology.
An attorney for the EPA argued that non-conformance penalty option was justified because changing to SCR technologies would have required “substantial work” on Navistar’s part to meet the standard in a timely manner.