The U.S. Court of Appeals for the District of Columbia Circuit today vacated the EPA's interim final rule on the use of non-conformance penalties (NCPs). The EPA's interim rule allowed engine manufacturers to pay NCPs in order to sell diesel engines with emissions levels above 0.20g NOx.
While this was a lawsuit filed by certain Navistar competitors against the EPA, Navistar is impacted by the decision. The company advised it disagrees with the court's ruling and will ask for a rehearing.
Navistar will work with EPA to fully understand the ruling and its impact on the use of NCPs until a final rule is implemented. At the same time, we will continue to cooperate with the EPA on the final NCP rule and will continue to work with the EPA on our 0.20g NOx certification.
Navistar continues to make and ship engines and our customers will continue to receive the products they ordered with EPA certified engines.