The U.S. Justice Department said last week that the government is resolved to enforce the October 1 deadline for new diesel engine emissions standards, despite the efforts of two engine makers, the American Trucking Associations and some lawmakers to get the deadline extended.

According to published reports, the Justice Department had a meeting with about 50 manufacturers, environmentalists and state air quality regulators last Thursday. During the meeting, Justice Department officials said they don’t know what the outcome will be of challenges to the rules currently in court, but they're sticking to the October deadline.
The U.S. District Court for the District of Columbia is reviewing challenges to the deadline from Caterpillar and Detroit Diesel. In their suit, the engine makers said they need more time to test the engines developed to meet the new standards.
The American Trucking Associations has filed briefs in support of both suits, noting that the small companies that make up the trucking industry are the ones that will be harmed by the increased costs involved with the news engines. ATA says the costs far higher than the EPA originally estimated when engine makers signed consent decrees in 1998 to settle a suit the government had brought against them, alleging they used “defeat devices” to get around emissions regulations. Those consent decrees “pulled forward” the stricter emissions standards, originally scheduled for 2004, by 15 months.
According to the Associated Press, a July 19 government filing describes Caterpillar’s challenge as “simply its attempt to rewrite the decree to get out from under obligations it no longer finds convenient, to gain a market advantage over its competitors who will comply with their decrees,” and to avoid penalties.
Other published reports indicate that the White House Office of Management and Budget is reviewing EPA’s rulemaking from earlier this year that sets forth the penalties for noncompliant engines. A final stamp of approval is expected in September.
Two manufacturers, Cummins and Mack, have already had engines certified by the EPA to meet the October standards. Caterpillar has challenged Cummins’ certification.
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