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NON-CONFORMANCE PENALTIES PROPOSED FOR 2004 HIGHWAY HEAVY DUTY DIESEL ENGINES

Release Date: 01/18/2002
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FRIDAY, JANUARY 18, 2002
NON-CONFORMANCE PENALTIES PROPOSED FOR
2004 HIGHWAY HEAVY DUTY DIESEL ENGINES

Cathy Milbourn 202-564-7824 / milbourn@cathy.epa.gov


EPA is proposing non-conformance penalties (NCPs) that would be available to manufacturers of heavy-duty diesel engines used in large trucks and buses if the manufacturer is unable to meet the 2004 model year hydrocarbon plus nitrogen oxides emission standard. These penalties would be available for 2004 and later model year heavy-duty highway diesel engines, including engines used in urban buses. NCPs provide flexibility that fosters long-term improvement in emissions without driving manufacturers out of the market. Under a penalty structure previously established by regulation, manufacturers may choose to pay a monetary penalty on a per-engine basis rather than comply with the applicable standard. The penalty varies with the degree to which the engine family involved does not comply with the standard. The Clean Air Act requires that the penalties increase with the degree of non-compliance with the emission standard, that they increase over time and that emissions may not go above an upper limit established by regulation. This proposal contains the specific parameters used to determine the potential 2004 NCPs. In 1998, the Department of Justice and EPA announced settlements with some manufacturers of heavy duty diesel engines that resolved claims that these manufacturers tlineinstalled illegal emissions control defeat devices. These consent decrees specify penalties, based on non-compliance with the terms of the decrees, that are to be based on 2004 model year NCPs. Because the consent decrees refer to NCPs for the 2004 model year, this rule, when finalized, would have an impact on the penalties determined under the consent decrees. EPA will accept comments on the proposal until March 18. A public hearing will be held Feb. 15 at the Dulles Marriott Hotel near Washington, D.C. The proposal, supporting documents and more information about the hearing and how to comment are available at:
http://www.epa.gov/otaq/hd-hwy.htm .

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