Court Upholds Tougher Diesel Rules
Fri May 3, 7:21 PM ET
By H. JOSEF HEBERT, Associated Press Writer
WASHINGTON (AP) - A federal court rejected industry challenges Friday and upheld an Environmental Protection Agency (news - web sites) program to cut pollution from tractor-trailer rigs and other large trucks and buses.
The ruling was praised by environmentalists who view the tougher truck tailpipe rules and a requirement for low-sulfur diesel fuel as key to tackling a major source of dirty air.
"The decision paves the way for the biggest air quality and public health advances since the removal of lead from gasoline," said Richard Kassel of the Natural Resources Defense Council, which joined the litigation on the government's side supporting the tougher standards.
The rules, expected to reduce tailpipe emissions from tractor-trailer rigs, buses and other trucks up to 90 percent, were issued in the final weeks of the Clinton administration and have not been challenged by the Bush administration.
EPA Administrator Christie Whitman said a year ago that she would pursue the tougher diesel and truck rules. But the agency also created a panel representing various sides of the issue to review how to move forward. Its work is continuing.
In Friday's ruling, a three-judge panel of the U.S. Court of Appeals in Washington unanimously rejected arguments by truck engine builders and the oil industry, who sued to try to overturn the new air requirements.
The engine manufacturers argued the technology is not available to meet the more stringent tailpipe emission requirements by 2007, when they will begin to be phased in.
The court agreed with the EPA that new pollution reductions demanded of trucks, cars and SUVs cannot be met without a sharp reduction in the amount of sulfur in diesel fuel. Sulfur clogs emissions control equipment.
The EPA regulations require that tractor-trailer rigs and other heavy-duty trucks cut their pollution beginning in 2007 when half of new trucks, or replacement engines, must meet tougher emission control standards. All new engines will be covered by 2010.
They also call on refineries to reduce the sulfur content in diesel to 15 parts per million by 2007 from the current 500 parts per million.
Oil companies had offered to cut sulfur 50 parts per million and argued the new EPA standards were so stringent they would not be achieved, causing supply shortages.
Bob Slaughter, president of the National Petrochemical & Refiners Association, called the ruling disappointing.
"This case has never been about whether the sulfur content of diesel fuel will be substantially reduced," he said, but whether it "should occur in a reasonable timeframe to maintain needed fuel supplies and ease the impact on the already stressed U.S. refining system."
Howard Fox, an attorney for Earthjustice, which represented the American Lung Association in the case, estimated new requirements along with the low-sulfur fuel will reduce the amount of soot from larger trucks 90 percent and smog-causing chemicals by 95 percent.
That is expected to prevent 8,300 premature deaths, 5,500 cases of chronic bronchitis and another 17,600 cases of acute bronchitis in children, said Fox, citing numbers provided by the EPA.
"For too long these diesel polluters have been getting a free ride," he said.
Auto manufacturers, which campaigned for the low-sulfur fuel, also challenged the regulation. They argued it wasn't being implemented quickly enough to help meet the new auto emissions standards for SUVs and small trucks that the EPA will require by 2007
Fri May 3, 7:21 PM ET
By H. JOSEF HEBERT, Associated Press Writer
WASHINGTON (AP) - A federal court rejected industry challenges Friday and upheld an Environmental Protection Agency (news - web sites) program to cut pollution from tractor-trailer rigs and other large trucks and buses.
The ruling was praised by environmentalists who view the tougher truck tailpipe rules and a requirement for low-sulfur diesel fuel as key to tackling a major source of dirty air.
"The decision paves the way for the biggest air quality and public health advances since the removal of lead from gasoline," said Richard Kassel of the Natural Resources Defense Council, which joined the litigation on the government's side supporting the tougher standards.
The rules, expected to reduce tailpipe emissions from tractor-trailer rigs, buses and other trucks up to 90 percent, were issued in the final weeks of the Clinton administration and have not been challenged by the Bush administration.
EPA Administrator Christie Whitman said a year ago that she would pursue the tougher diesel and truck rules. But the agency also created a panel representing various sides of the issue to review how to move forward. Its work is continuing.
In Friday's ruling, a three-judge panel of the U.S. Court of Appeals in Washington unanimously rejected arguments by truck engine builders and the oil industry, who sued to try to overturn the new air requirements.
The engine manufacturers argued the technology is not available to meet the more stringent tailpipe emission requirements by 2007, when they will begin to be phased in.
The court agreed with the EPA that new pollution reductions demanded of trucks, cars and SUVs cannot be met without a sharp reduction in the amount of sulfur in diesel fuel. Sulfur clogs emissions control equipment.
The EPA regulations require that tractor-trailer rigs and other heavy-duty trucks cut their pollution beginning in 2007 when half of new trucks, or replacement engines, must meet tougher emission control standards. All new engines will be covered by 2010.
They also call on refineries to reduce the sulfur content in diesel to 15 parts per million by 2007 from the current 500 parts per million.
Oil companies had offered to cut sulfur 50 parts per million and argued the new EPA standards were so stringent they would not be achieved, causing supply shortages.
Bob Slaughter, president of the National Petrochemical & Refiners Association, called the ruling disappointing.
"This case has never been about whether the sulfur content of diesel fuel will be substantially reduced," he said, but whether it "should occur in a reasonable timeframe to maintain needed fuel supplies and ease the impact on the already stressed U.S. refining system."
Howard Fox, an attorney for Earthjustice, which represented the American Lung Association in the case, estimated new requirements along with the low-sulfur fuel will reduce the amount of soot from larger trucks 90 percent and smog-causing chemicals by 95 percent.
That is expected to prevent 8,300 premature deaths, 5,500 cases of chronic bronchitis and another 17,600 cases of acute bronchitis in children, said Fox, citing numbers provided by the EPA.
"For too long these diesel polluters have been getting a free ride," he said.
Auto manufacturers, which campaigned for the low-sulfur fuel, also challenged the regulation. They argued it wasn't being implemented quickly enough to help meet the new auto emissions standards for SUVs and small trucks that the EPA will require by 2007