Diesel Mfgs. Mark Earth Day By Suing Against Cleaner Exhaust Rules

SACRAMENTO - "Diesel engine manufacturers went to court Friday seeking to block stricter pollution standards set to take effect in one week, arguing that state regulators reneged on a $1 billion 1998 legal settlement. The California Air Resources Board says the pollution standards it adopted in December are needed because a voluntary program promoted by manufacturers wasn't working.

Sacramento County Superior Court Judge Loren McMaster, in a tentative ruling before he heard arguments, denied manufacturers' request that the initial April 30 compliance deadline be delayed while their lawsuit proceeds. He did not immediately issue a final order after Friday's hearing. The outcome has national implications because the U.S. Environmental Protection Agency struggles with the same enforcement problem.

The ARB's regulations require owners of trucks with diesel engines to remove so-called "smog defeat" timing devices that allow the engines to meet pollution requirements when trucks are inspected but exceed the limits when trucks travel at highway speeds. The regulations apply to an estimated 300,000 to 400,000 vehicles licensed in other states that drive through California, as well as 58,000 California-licensed trucks.

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But Caterpillar Inc., Cummins Inc., Mack Trucks Inc. and Volvo Powertrain Corp. said they've already paid the state $37 million in civil penalties and other costs. Recalling the trucks simply to replace the devices would cost truck owners millions of dollars in downtime costs for the replacement and new inspections if they comply, and $300-$800 in penalties for each truck if they don't, the companies said. The ARB regulations require that the devices be removed starting April 30 on a phased-in schedule based on model years. An estimated 35,000 to 45,000 heavy-duty trucks are required to replace the devices by year's end, while medium-duty trucks must be retrofitted by the end of next year."

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