U.S. Epa Nixes Any Delay To 2002 Heavy-Duty Emissions Consent Deadline

Diesel Fuel News, June 11, 2001 by Jack Peckham

In a letter to heavy-duty diesel engine makers last week, U.S. EPA and the Justice Department announced that they "cannot agree to an amendment" of the October 2002 deadline for lower nitrogen oxides (NOx) emissions under a consent decree.

The decree requires Cummins, Cat, Renault/Mack, DDC and Volvo to speed-up the introduction of 2.5 grams/brake horsepower-hour NOx engines in October 2002 rather than the normal 2004 deadline for all other engine makers. The consent decree is designed to compensate for alleged "off-cycle" excess NOx emissions on diesel engines made in the 1990s.

Meantime, engine makers are pressuring EPA to speed the introduction of lower-sulfur diesel fuel in order to reduce sulfuric acid dam age to cooled EGR systems for NOx control.

So, oil companies have an indirect interest in the consent decree outcome, since it could have an impact on efforts to speed or delay the introduction of 15 ppm ultra-low sulfur diesel (ULSD) in 2006.

Cummins claims it's the "only engine manufacturer that has stated publicly its ability to meet these more stringent standards" with cooled EGR. Mack also claims it will use cooled EGR for the 2.5 grams NOx engines, while Cat says it's instead launching an "Acert" technology in fall, 2003 that won't use cooled EGR (see Diesel Fuel News 3/19/2001, p8).

Cat doesn't explain how it will sell lowNOx engines during the roughly 9-10 months between October 2002 and fall, 2003, but might try to use averaging, banking and trading during that period, competitors speculate.

DDC and Truck Manufacturers Association argue for a delay of the deadline (see Diesel Fuel News 5/28/2001, p1l), saying that whatever emissions reductions are temporarily sacrificed can be made up later.

However, DDC now says it will introduce "new technology engines" by the October, 2002 EPA deadline, adding that it's long been planning to use cooled EGR.

Opposed are environmental groups and state/local air pollution regulators (STAPPA/ALAPCO), who say they need the NOx reductions to meet tight U.S. EPA deadlines for ozone reduction attainment.

"We do not believe it is appropriate to extend these consent decrees under any circumstances," STAPPA/ALAPCO executive director Bill Becker said.

"It is clear, based upon Cummins' announcements, that at least one company can meet the terms of thee consent decrees and others should be held to the same standard."