Western States Trucking Association Challenges Strict EPA Truck Emission Rule

Western States Trucking Association Challenges Strict EPA Truck Emission Rule

EPA’s new truck emission standards will require 25% of new sleeper-cab tractors to be zero-tailpipe-emission trucks by 2032.

On March 29, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule formally known as “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3.” The new truck emission standards apply to heavy-duty vehicles for model years 2027 through 2032.

Truck emission standards vary by vehicle type. Light heavy-duty (Class 2b-5) vocational trucks, for example, have the most stringent standards, requiring 60% zero-emission by 2032.

Zero-emission trucks include electric and hydrogen-fueled trucks, or “zero-direct-emission” vehicles as defined by the Department of Energy.

Now, the petition filed by the Western States Trucking Association, along with the Construction Industry Air Quality Coalition, appears to be the first from the private sector and has been consolidated with a petition filed by 24 state attorneys general.

What exactly is the Western States Trucking Association challenging?

The Western States Trucking Association filed a document on Thursday, May 30, explaining the main issues they plan to bring up:

  • Whether carbon dioxide is an “air pollutant” within the meaning of 42 U.S.C. § 7602 and other provisions of the Clean Air Act
  • Whether the truck emission rule violates the nondelegation doctrine prohibiting agencies from exercising legislative power unlimited by an “intelligible principle”
  • Whether the rule violates the major questions doctrine prohibiting agencies from acting without “clear Congressional authorization”
  • Whether the rule is arbitrary, capricious, or otherwise contrary to law or fact

The trucking association also indicated that it may ask the court to pause the new truck emission rule while it is under review.

“EPA does not have the legal authority to require the wholesale electrification of trucks and cars. The rules are not only inconsistent with the Clean Air Act—they are unconstitutional,” Ted Hadzi-Antich, a senior attorney with Texas Public Policy Foundation, said in a statement.

“In promulgating the illegal rules, EPA ignores the obvious fact that there is woefully insufficient infrastructure in the nation to support the break-neck pace set by EPA for switching from fossil fuels to electricity. In the process, EPA restricts the freedom of ordinary Americans to choose their preferred modes of transportation. Congress never gave EPA that kind of expansive authority over individual liberty.”

According to Landline Magazine, “the federal lawsuit challenging EPA’s truck emission standards comes shortly after Republican lawmakers introduced a resolution to undo the final rule.”

How does the EPA zero-emissions final rule affect commercial vehicles?

This final rule, which is effective on June 21, 2024, is targeting four main areas:

  1. Revises certain Model Year 2027 GHG standards that were established previously under EPA’s Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles — Phase 2 rule (‘‘HD GHG Phase 2’’).
  2. Updates discrete elements of the Averaging Banking and Trading program, including providing additional flexibilities for manufacturers to support the implementation of the Phase 3 program balanced by limiting the availability of certain advanced technology credits initially established under the HD GHG Phase 2 rule.
  3. Adding warranty requirements for batteries and other components of zero-emission vehicles and requiring customer-facing battery state-of-health monitors for plug-in hybrid and battery electric vehicles.
  4. Finalizing additional revisions, including clarifying and editorial amendments to certain highway heavy-duty vehicle provisions and certain test procedures for heavy-duty engines.

Most importantly, EPA’s new truck emission standards will require 25% of new sleeper-cab tractors to be zero-tailpipe-emission trucks by 2032. Manufacturers can reach the requirement through a variety of technologies, although there is a focus on battery-electric due largely to price and charging infrastructure.

How does the EPA zero-emissions final rule affect passenger cars and trucks?

This final rule, which is effective on June 17, 2024, is targeting three main areas:

  1. EPA is finalizing GHG program revisions in several areas, including off-cycle and air conditioning credits, the treatment of upstream emissions associated with zero-emission vehicles and plug-in hybrid electric vehicles in compliance calculations, medium-duty vehicle incentive multipliers, and vehicle certification and compliance.
  2. EPA is also establishing new standards to control refueling emissions from incomplete medium-duty vehicles, and battery durability and warranty requirements for light-duty and medium-duty electric and plug-in hybrid electric vehicles.
  3. EPA is also finalizing minor amendments to update program requirements related to aftermarket fuel conversions, importing vehicles and engines, evaporative emission test procedures, and test fuel specifications for measuring fuel economy.

PA Trucking Industry Fighting Strict 2024 Emissions Standards

The Western States Trucking Association is challenging the federal EPA rules. In Pennsylvania, and many other states, are challenging the other emissions standard CARB which is California’s stricter emissions rules.

CARB’s Advanced Clean Truck Regulation would require that by 2045, every truck sold in Pennsylvania be zero-emission.

If the lawsuit succeeds, the law will likely default to the federal government’s EPA regulations, which Rebecca Oyler also believes are concerning as well.

Learn more about PMTA’s fight here.

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