Not only are the federal government’s greenhouse gas emission standards running small-business trucking companies into the ground, but they are also unlawful.
That was the message the Owner-Operator Independent Drivers Association sent to the Environmental Protection Agency. The Association submitted formal comments regarding the agency’s proposal to rescind a rule known as the endangerment finding.
Finalized in 2009, the endangerment finding determined that greenhouse gases threaten public health. This ruling allowed the EPA to control greenhouse gas emission under the Clean Air Act. It served as the legal basis for many emission regulations over the past 15 years.
Rescinding the endangerment finding could potentially unravel the emission regulations that rely on it. That includes standards finalized in 2011, 2016 and 2024 known as the Phase 1, Phase 2 and Phase 3 rules, respectively.
OOIDA noted that these standards “have not achieved their intended greenhouse gas (GHG) emissions objectives.” President Todd Spencer wrote that the rules failed to consider costs for small businesses. They raised prices for new trucks and set overly optimistic targets for reliable engines. Spencer said these actions were improper attempts by the EPA to exceed its authority under the Clean Air Act.
The Association said that clean air is a priority for the trucking industry. However, emission standards for trucks must be practical, affordable and reliable.
That has not been the case. OOIDA called federal and certain state emission regulations “short-sighted.”
Over the years, emission standards have forced manufacturers to create systems to meet regulations. These systems have resulted in “expensive visits to dealers, lost productivity, poor efficiency and towing costs.” This has created a crisis for small carriers.
“Any emissions rule should ensure that drivers and carriers who are purchasing new equipment are getting a fair deal and will not be constantly sidelined from their profession due to costly and repeated breakdowns,” Spencer said. “OOIDA recommends providing more sufficient phased-in implementation periods that would allow manufacturers to comprehensively test engines and other equipment to ensure performance and reliability.”
Since 2001, the average price of a new truck has increased by nearly 52%. This has undermined the intended goals of the emission standards, as truck drivers are keeping older trucks longer than they otherwise would or are buying older trucks.
In 2022, owner-operators said their trucks had traveled about 1.2 million miles since they were manufactured. That is more than twice as many miles as reported in 2001.
OOIDA criticized last year’s Phase 3 rule for being overly optimistic. Before the rule, OOIDA and others warned the EPA about the lack of charging infrastructure for heavy-duty vehicles. They also pointed out many viability issues with battery-electric trucks. Despite this, the EPA projected that Class 8 electric truck adoption would jump from 0% to 25% by 2032.
Since finalizing the rule, no significant changes have occurred. In fact, some issues have worsened. A recent study by the International Council on Clean Transportation shows that Class 8 electric trucks are becoming more expensive. Heavy-duty charging infrastructure remains lacking, along with mileage range for long-haul operations.
OOIDA has advocated for a uniform approach across all states. California’s stricter standards have created a patchwork of state emission standards.
Before California’s rules were eliminated this year, 10 states had adopted the rules, including Advanced Clean Trucks.
OOIDA also stated that the heavy-duty greenhouse gas rules are unlawful. The Clean Air Act requires the EPA to consider compliance costs. The Association said that requirement has been ignored.
“Rescinding the 2009 Endangerment Finding and undoing the heavy-duty GHG rules will ensure EPA compliance with the CAA and better serve small businesses that have been unduly harmed over the last 15 years,” Spencer said. “Rolling back these burdensome regulations will provide more reliable and affordable heavy-duty vehicles for small motor carriers and individual owner-operators by protecting consumer choice and valuing the input from the men and women of the trucking industry.”
The comment period on the EPA’s proposal to rescind the 2009 endangerment finding ended on Monday, Sept. 22. Nearly 322,000 comments were submitted. The overwhelming majority of them were mass comment campaigns, most opposing the proposal. Less than 1% were unique comments.
OOIDA’s messaging to regulators has been consistent over the years. In 2015, then-President Jim Johnston warned the EPA about the unintended consequences of the Phase 2 rule. A lot of the issues with the 2024 Phase 3 rule applied then.
“Whereas the agencies are content with the uncertainty of costs and effectiveness of the technologies, owner-operators do not, unfortunately, have that luxury,” Johnston said. “The livelihood of an owner-operator, who frequently operates his or her business on small profit margins, depends on affordable and reliable equipment in order to compete and survive in a highly competitive industry. OOIDA strongly believes that the market should drive fuel-efficient technologies instead of expensive mandates.” LL
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