The Environmental Protection Agency has granted waivers for California’s Advanced Clean Cars II and Heavy-Duty “Omnibus” low-NOx regulations, allowing the state to move forward with stricter vehicle emission standards while similar rules are being challenged in federal court.
On Wednesday, Dec. 18, the EPA allowed California to proceed with its Advanced Clean Cars II and Heavy-Duty Omnibus regulations. By 2035, all new passenger vehicles sold in California must be zero-direct-emission, while truck engines must reduce nitrogen oxide emission by 75% and particulate matter by 50%.
Now that California has received the federal government’s blessing to implement stricter vehicle emission standards, other states have the option to adopt those standards. Currently, 12 states have rules to adopt Advanced Clean Cars II. Nine states have opted to apply Heavy-Duty Omnibus rules.
The EPA’s waivers come just weeks before a new administration takes over the White House, which likely would not have granted the waivers. However, a new administration can revoke the waivers, a move that President-elect Donald Trump will likely make.
In fact, that is exactly what Trump did during his first term. In September 2019, he announced that his administration was revoking California’s vehicle emission waiver for Advanced Clean Cars.
The Trump Administration is revoking California’s Federal Waiver on emissions in order to produce far less expensive cars for the consumer, while at the same time making the cars substantially SAFER. This will lead to more production because of this pricing and safety……
— Donald J. Trump (@realDonaldTrump) September 18, 2019
However, that revocation was reversed after President Joe Biden took over the White House. In March 2022, the EPA announced it would reinstate California’s waiver for Advanced Clean Cars, putting the regulation back into play.
By reinstating the waiver, the EPA restarted the clock to file a lawsuit challenging Advanced Clean Cars. Oil companies and a coalition of Republican states jumped at the opportunity. Although both lawsuits have been dismissed by the District of Columbia Circuit Court of Appeals, the Supreme Court recently decided to hear the oil companies’ case.
The Owner-Operator Independent Drivers Association criticized the EPA’s decision granting the Heavy-Duty Omnibus waiver while signaling an opportunity for better policies with the incoming Trump administration.
“The Omnibus Low-NOx waiver for California calls into question the policymaking process under the Biden administration’s EPA,” OOIDA President Todd Spencer said in a statement. “Purposefully injecting uncertainty into a $500 billion American industry is bad for our economy and makes no meaningful progress towards purported environmental goals. EPA’s credibility outside of radical environmental circles would have been better served by working with regulated industries rather than ramming through last-minute special interest favors. We look forward to working with the Trump administration’s EPA in good faith towards achievable environmental outcomes.”
Starting with model year 2024 truck engines, the Heavy-Duty Omnibus rules had a rocky start. After several stakeholders complained about the lack of available compliant engines, the California Air Resources Board issued an “Exercise of Enforcement Discretion” notice giving manufacturers more flexibility to meet requirements.
Of the nine states adopting Heavy-Duty Omnibus rules, only two opted to start with model year 2025 engines: Massachusetts and Oregon. Remaining states chose to implement the regulations with model year 2026 or 2027 engines. However, both Massachusetts and Oregon pulled the plug on original plans and instead moved the start date up one year.
Noticeably absent from the EPA’s announcement was a waiver for Advanced Clean Fleets.
Requiring larger fleets to buy zero-emission trucks, the new rule was supposed to go into effect this year. However, California has yet to receive the EPA waiver necessary to enforce it.
In August, the EPA held a marathon public hearing on whether the agency should grant California a waiver for Advanced Clean Fleets. Several trucking stakeholders spoke out against the new regulation, calling it “misguided” and “rushed.”
The clock is ticking for Advanced Clean Fleets to get federal government approval. If the Biden administration fails to issue the required waiver, it is highly unlikely the EPA under Trump will, effectively putting the rule in limbo indefinitely. LL
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