The final rule that would allow Navistar International Corp. to sell its emissions-noncompliant 2010 engines while paying fines has been forwarded to the Office of Management and Budget by the Environmental Protection Agency.
An EPA spokesperson declined to answer questions about what the agency is proposing in the rule, which was sent to OMB late last week.
“It’s still under internal interagency review,” the spokesperson said.
In an interim rule earlier this year, EPA said Navistar was to pay a non-compliance penalty while the firm continued to sell the engines that did not meet current U.S. emissions standards.
In June, however, a federal appeals court vacated the interim rule, saying that EPA’s rulemaking process violated federal law because it did not provide for comment or formal notice.
Mack Trucks Inc. and Volvo Group North America brought the lawsuit that saw the interim rule thrown out.