The Owner-Operator Independent Drivers Association applauded the U.S. Environmental Protection Agency for holding California’s Clean Truck Check program in check.
In formal comments submitted on Thursday, Sept. 25, OOIDA supports the EPA’s proposal to disapprove of California’s Heavy-Duty Inspection and Maintenance Regulation to the extent it applies to out-of-state vehicles.
“The flexibility that Congress gave California to experiment with new emission rules did not give the state the authority to impose unreasonable burdens on interstate commerce,” OOIDA wrote in comments signed by President Todd Spencer. “OOIDA has supported efforts from Congress that have reigned in CARB’s overreaching regulatory framework.”
In August, the EPA issued a proposed rule relating to California’s control of emission from non-gasoline combustion vehicles over 14,000 pounds. Under the EPA proposal, California’s Clean Truck Check program would not apply to vehicles registered in another state or country.
The EPA gave the public 30 days to comment on the proposal.
“In recent years, Congress has approved various legislative measures revoking CARB waivers that were granted under the previous administration,” OOIDA wrote. “However, more action is necessary from EPA to ensure California does not violate the principles of the Commerce Clause. We applaud EPA for disapproving the Clean Truck Check program to the extent it applies to vehicles registered out-of-state and urge the agency to take further action against other similarly structured CARB regulations.”
The Association added that the rule was costly to out-of-state truckers.
“OOIDA members who are not residents of California have been forced to pay excessive registration fees and fines since CARB implemented the Clean Truck Check program,” OOIDA wrote. “Practically all users of commercial vehicles with a gross vehicle weight rating over 14,000 pounds that operate on California roads must pay a $30 compliance fee, regardless if they are registered in California or not.”
Even more, there are additional expenses for completing inspections twice a year. And if a motor carrier is found in violation of the Clean Truck Check emission standards, it can be subject to thousands of dollars in fines. Attempts for an out-of-state trucker to challenge those violations can be expensive and difficult logistically.
The National Tank Truck Carriers also filed comments in support of EPA’s proposal.
“California’s attempt to impose inspection and compliance obligations on trucks registered and domiciled outside of the state raises substantial concerns regarding federal preemption, constitutional commerce protections and operational feasibility,” the group wrote in comments signed by Will Lusk, director of education and government regulations. “For fleets like those in the tank truck industry, many of which operate across multiple states each day, this regulation introduces significant logistical and legal uncertainty.” LL
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