Biden-Backed California Rule Pushes Clean Trucks

by Camille Von Kenel and Alex Guillen (Politico) Truck manufacturers will have to sell an increasing share of zero emissions vehicles now that the EPA has approved California’s regulations.

California will require more zero emission trucks on the roads after a key Biden administration approval, a move that is bound to transform the country’s truck market.

The nation-leading Advanced Clean Trucks rule, first passed in 2020 and backed by the EPA on Friday, sets a timeline for manufacturers to phase out most gas-powered heavy-duty vehicles by 2035.

EPA was set to approve a third waiver covering California’s “omnibus” rule, but held back amid the last-minute spat with the industry. The rule would reduce nitrogen oxide limits for new heavy-duty trucks by 90 percent compared to current standards by 2031.

The delay underscores the tenuousness of California’s attempts to limit emissions and transform heavily-polluting vehicles.

Under the Clean Air Act, California can seek waivers from EPA to enforce more stringent tailpipe regulations. Other states can choose to adopt California’s version of the rules, expanding its reach.

A coalition of Republican-controlled states has challenged the five-decade-old waiver provisions in the Clean Air Act as unconstitutional. That case is scheduled for oral argument before a Washington, D.C., court in September.

The two waivers approved by EPA on Friday cover a suite of rules set by state regulators.

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EPA in December finalized a federal truck NOx rule that is slightly less stringent than California’s requirements, reducing NOx emissions about 80 percent.

The California Air Resources Board will vote in April on a rule requiring all sales of new trucks to be zero-emission by 2040. READ MORE

With Biden Administration Approval, California Ushers in New Era of Clean Trucks (Office of Governor Gavin Newsome)

EPA Grants Full Support to Life-Saving California Clean Trucks Rule (Environmental Defense Fund)

California Waiver Requests for Heavy-Duty Vehicle Emission Regulations (U.S. Environmental Protection Agency)

EPA Grants Waivers for California’s On-highway Heavy-duty Vehicle and Engine Emission Standards (Environmental Protection Agency)

EPA approves California rules phasing out diesel trucks (Associated Press)

EPA Grants Waivers for California Highway Emission Standards (NGT News)

Excerpt from Office of Governor Gavin Newsome: WHAT YOU NEED TO KNOW: Today’s decision by the U.S. EPA allows California to be the world’s first government to require zero-emission trucks and paves the way for clean trucks and buses across the globe.

SACRAMENTO – Governor Gavin Newsom issued the statement below following the U.S. EPA’s decision to grant a waiver formally approving California’s standards to reduce heavy-duty truck emissions.

California will require truck manufacturers to accelerate their sales of zero emission vehicles, setting increasing ZEV manufacturing standards starting from 2024 through 2035 that several other states are also choosing to adopt – together, California and those states represent 22% of the national truck market. Today’s action will protect millions of Californians from the harmful pollution dirty diesel trucks spew in communities around the state.

What Governor Newsom said: “This is a big deal for climate action. Last year, California became one of the first jurisdictions in the world with a real plan to end tailpipe emissions for cars. Now, thanks to the Biden Administration, we’re getting more zero-emission heavy duty trucks on the roads, expanding our world-leading efforts to cut air pollution and protect public health. We’re leading the charge to get dirty trucks and buses – the most polluting vehicles – off our streets, and other states and countries are lining up to follow our lead around the world.”

HOW WE GOT HERE:

Earlier today, U.S. EPA approved two Clean Air Act waivers for California’s world-leading heavy duty truck regulations — including the Advanced Clean Trucks (ACT) rule.
CARB’s Advanced Clean Trucks Regulation is part of a holistic approach to accelerate a large-scale transition of zero-emission heavy-duty vehicles, as directed in Governor Newsom’s 2020 Zero-Emission Vehicle Executive Order, which requires 100% heavy-duty vehicles in California wherever feasible by 2045.
The ACT rule requires truck manufacturers to increase new truck sales to 55% (Class 2b-3), 75% (Class 4-8), and 40% of semi-tractor sales to be zero-emissions by 2035.
Eight states have moved to adopt or are working to adopt ACT and follow California’s lead while a 27-country coalition California is part of is working towards 100% ZEV new truck sales by 2040.
Following Governor Newsom’s 2020 executive order to develop new rules, the California Air Resources Board (CARB) approved one of the world’s first regulations last year requiring 100 percent of new car sales in California to be zero-emission vehicles (ZEVs) by 2035.
Nearly 19% of cars sold in the state in 2022 were ZEVs, thanks to billions in new incentives and rebates for consumers.
As part of the California Climate Commitment, the Governor and the legislature have dedicated over $5 billion to the transition to cleaner trucks and buses. READ MORE

Excerpt from U.S. Environmental Protection Agency: EPA issued a decision that grants two waivers of preemption regarding four California Air Resource Board (CARB) regulations related to California’s heavy-duty vehicle and engine emission standards. Under the Clean Air Act, states are preempted from adopting and enforcing emission standards for new motor vehicles and new motor vehicle engines. Under section 209 of the Clean Air Act California may seek a waiver of this preemption from EPA. In this instance, CARB submitted three separate waiver requests for six regulations relating to heavy duty vehicles and engines. In three separate Federal Register notices, issued in June 2022, EPA solicited public comment on CARB’s requests. After reviewing the technical information provided by CARB, reviewing comments submitted by the public, and applying the limited authority for review under section 209 of the Clean Air Act, EPA determined it appropriate, at this time, to grant two of the waiver requests and issued one Federal Register notice announcing its decision. CARB is asking EPA for additional time before EPA acts on the waiver request regarding California’s Heavy-duty Omnibus Low NOx regulation (which included two regulations). READ MORE