Judge Rejects Navistar Bid for SCR Engine Recall

January 20, 2012

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A federal judge rejected Navistar's bid to have the Environmental Protection Agency recall 2010 engines that use selective catalytic reduction to meet emission standards.

The judge, Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia, said Navistar's arguments for the recall are not persuasive and dismissed the case.

Navistar was incorrect in its contention that EPA's revision of its certification requirements last year means that the SCR engines violate the rules, the judge said.

EPA last year tightened its rules, requiring for instance that manufacturers install warning systems to let drivers know when they are running low on diesel exhaust fluid.

But the revision does not mean that EPA's earlier requirements were inadequate, the judge said in her Dec. 17 decision. If such changes required a recall, then EPA would be forced to either never make changes when new understanding of emissions technology emerges, or to recall all engines whenever it makes a change.

"The court will not … allow Navistar to go on a fishing expedition in the EPA's records simply because Navistar is dissatisfied with the fact that the EPA has not made a determination that the EPA is under no obligation to make," she said.

Navistar is the only truck manufacturer that does not use SCR technology to meet the 2010 standard. It uses exhaust gas recirculation technology.

In a Jan. 20 press release on plans for an Analyst and Investor Day February 1, Navistar said it will soon seek certification for an engine that uses EGR to emit 0.2 NOx.

"Our EGR technology has proven itself in the marketplace and remains the best solution for our customers," said Jack Allen, president of Navistar's North American Truck Group, in the release.

The other manufacturers, Cummins, Daimler Trucks North America, Detroit Diesel Corp., Mack Trucks and Volvo Group North America, were interveners on the side of EPA in the case.

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