Saturday, April 30, 2005

California judge rejects challenge to diesel emission rules

By Don Thompson / Associated Press

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SACRAMENTO, Calif. -- A Superior Court judge upheld stricter pollution standards for diesel trucks Thursday in a ruling against engine manufacturers.

The diesel engine makers tried to block stricter pollution regulations that apply to an estimated 300,000 to 400,000 out-of-state vehicles that drive through the state and 58,000 California trucks. They said the rules that take effect this weekend violate a $1 billion legal settlement with state air regulators in 1998.

Sacramento County Superior Court Judge Loren McMaster said the regulations were constitutional. He sympathized with manufacturers, but said he had no power to intervene if regulators broke their agreement.

The California Air Resources Board adopted new pollution standards in December because the 1998 agreement and a voluntary program promoted by manufacturers didn't remove so-called smog defeat devices fast enough from diesel trucks.

The devices enabled the engines to pass inspection, but exceeded pollution limits on the highway.

Owners of heavy trucks made in 1993-94 have until Saturday to remove the devices or face penalties of $300-$800. The deadline for 1995-96 model year trucks is Aug. 31; and Dec. 31 for 1997-98 model years. Medium-weight trucks must comply by the end of next year.

"I think they wasted a lot of money trying to postpone a very solid attempt to clean the air here," said Deputy Attorney General William Brieger, who argued the case.

Removing the devices from California trucks alone would trim pollution equivalent to that created by 1 million cars, the air board said. Clean air advocates want the regulations, if they stand, to spread nationwide.

Telephone messages were left after business hours Thursday for attorneys for Caterpillar Inc., the lead plaintiff. An attorney for the Engine Manufacturers Association, which has a companion lawsuit, said he couldn't comment.

Caterpillar, 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 for the replacement and new inspections, the companies said.

The 1998 settlement required manufacturers to replace the defeat devices only when the heavy-duty engines were overhauled, which happened far less frequently than regulators expected.

A year ago, the ARB agreed to a plan for the industry to voluntarily reach 35 percent compliance by last November and 100 percent compliance by 2008. But the board adopted the mandatory regulations when it found only about 18 percent of California-licensed vehicles had upgraded.

On the Net:

Air Resources Board: www.arb.ca.gov

Engine Manufacturers Association: www.enginemanufacturers.org