California’s truck emission rules took another massive blow from the federal government. This time, the Clean Truck Check program was the target.
Since returning to the White House, President Donald Trump has been going after California’s environmental policies, including truck emission rules. On his first day back, Trump signed an executive order to eliminate what he called the “electric vehicle mandate.”
That executive order led to the demise of two California truck emission rules: Advanced Clean Trucks and the Omnibus Low NOx regulation. Those rules required truck and engine manufacturers to meet certain zero-emission standards.
However, many truck drivers were still blocked from entering California due to the heavy-duty vehicle inspection and maintenance (HD I/M) regulation. Better known as Clean Truck Check, the program required all trucks over 14,000 pounds operating in California to pass an emission test. That included trucks registered outside the state. Essentially, all trucks with a 2009 or older engine were banned.
Not anymore.
On Tuesday, Jan. 27, the Environmental Protection Agency issued a final rule disapproving of Clean Truck Check’s requirements on out-of-state trucks.
The EPA found that the Clean Air Act allows the California Air Resources Board (CARB) to impose such requirements on trucks registered in California. However, the agency also found that extending those rules to out-of-state trucks violates the Commerce Clause, which prohibits states from interfering with interstate and international trade.
“The Trump EPA will never back down from holding California accountable and stopping them from imposing unnecessary regulations on the entire nation,” EPA Administrator Lee Zeldin said in a statement. “If California had its way, prices would skyrocket for truckers and businesses across America. Affordable trucks are vital for keeping food and goods moving and prices low for families. Americans didn’t vote for California’s policies to be imposed nationwide. They voted for President Trump’s policies that put working families first.”
Although the new rule is supposed to make Clean Truck Check unenforceable for out-of-state trucks, CARB is telling EPA to stay in its lane.
In a statement to Land Line, CARB said it will continue to apply the program to all trucks, including those registered out of state.
“This announcement is a whole lot of bluster about bean counting,” a CARB spokesperson said in a statement. “EPA has no authority over this program and we will continue to enforce the law to ensure that all trucks coming into and operating in California abide by the same rules — even if EPA doesn’t want to give us credit.”
With CARB deciding not to play ball, another showdown between California and the federal government will likely follow.
EPA’s disapproval received wide support from stakeholders. In comments submitted to the agency, the Owner-Operator Independent Drivers Association pointed out that truck drivers who live outside California were “forced to pay excessive registration fees and fines” in addition to inspection costs. Those fines could reach thousands of dollars and required drivers to return to California to challenge them.
“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,” OOIDA President Todd Spencer wrote in comments.
Of the more than 40 comments submitted, nearly 30 supported EPA’s disapproval of applying California’s Clean Truck Check to out-of-state vehicles. The California Trucking Association decided to play Switzerland. Rather than take a hard stance for or against EPA’s rule, the association suggested streamlining the current process. Conversely, state Assemblymember Stan Ellis, R-Bakersfield, went as far as to suggest scrapping the program entirely.
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