Navistar to cut NOx emissions by 10K tons, pay $52M civil penalty

Navistar has agreed to mitigate at least 10,000 tons of oxides of nitrogen (NOx) emissions as well as pay a $52 million civil penalty in a consent decree to resolve violations of the Clean Air Act. According to the U.S. Environmental Protection Agency (EPA), Navistar illegally introduced into commerce on‑highway Heavy-Duty Diesel Engines (HDDEs) that were not covered by EPA-issued certificates of conformity.

In July 2015, the EPA filed a complaint against Navistar alleging that the company failed to obtain Clean Air Act certificates of conformity from the agency because 7,749 of its model year 2009 compliant engines completed assembly in 2010 and should have been subject to 2010 applicable emissions standards, reported Navistar officials. In 2017, the EPA was granted partial judgement when the court ruled that diesel engines Navistar sold in 2010 were not covered by its 2009 certificate of conformity for the heavy-duty diesel engines it manufactured and sold.

“Older diesel engines without modern emissions controls emit significant amounts of air pollution that harms people’s health and takes years off people’s lives,” said Larry Starfield, acting assistant administrator for the EPA’s office of enforcement and compliance assurance. “This harm is greatest in communities near busy roadways, which are too often overburdened by high levels of ozone and particulate matter pollution.

On Oct. 22, 2021, Navistar, the Department of Justice and the EPA signed a definitive settlement agreement regarding the case. The settlement requires a penalty payment of $52M and a mitigation project in which Navistar will purchase and destroy older diesel engines over a four-year period to prevent 10,000 tons of NOx emissions. According to Navistar officials, the OEM is pleased to put this legacy issue behind us and eager to focus on transportation solutions for the future.

“This settlement shows we will hold companies accountable when they skirt the law to gain advantage at the expense of public health,” said Todd Kim, assistant attorney general of the Justice Department’s environment and natural resources division. “The Department’s steadfast pursuit of this case achieved a just result, including that the company must mitigate the harm it caused and, in doing so, specifically must consider assisting communities overburdened by pollution.”

The settlement requires Navistar to structure its mitigation of NOx emissions through one or more programs approved by EPA that will take into consideration geographic diversity and benefits to communities that are overburdened by air pollution. Navistar will report back to the EPA on its implementation of the program to ensure compliance with the environmental justice and geographic distribution requirements.