Unhappy With EPA Decree

They approach the issue from different sides, but trucking interests and environmental groups both are unhappy with the settlement the Environmental Protection Agency and the Department of Justice negotiated with diesel engine manufacturers in October to settle claims of Clean Air Act violations.

Environmentalists don’t think it went far enough. American Trucking Associations is worried about its effects on engine performance, and both camps believe the EPA should have included more opportunity for public involvement in creating the settlement.

The public comment period on the settlement ended Jan. 12. The Department of Justice has refused to allow Transport Topics to review the comments until after they have been read by

.S. District Judge Henry H. Kennedy, but several environmental groups provided copies of their comments to TT.



ATA praised Environmental Protection and the Justice Department for not including a costly and disruptive recall in consent decrees, but it had problems with the settlement.

The trucking organization questioned whether it was fair that the final cost of the settlement could be borne by truckers who had nothing to do with the excess emissions.

“The known economic impacts at this time are most likely to be in the form of increased operating costs from greater fuel consumption and engine wear, additional labor costs at the time of engine rebuilding, and potentially higher maintenance costs,” the ATA wrote in its comments. “In this regard, while manufacturers will pay the prescribed civil penalties and perform supplemental environmental projects, it will be ATA members who ultimately will purchase, operate, rebuild and maintain new and existing engines and will experience whatever effects arise from these decrees.”

The organization commented that the language in the settlement is too vague. “There are too many unresolved issues, too much uncertainty in the implementation of this thing and we have no way of knowing whether it might be good, bad or indifferent at this point,” said Allen Schaeffer, vice president of highway and environmental policy for ATA.

For the full story, see the Jan. 18 print edition of Transport Topics. Subscribe today.

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