EPA sets key hearing for trucking industry: California’s advanced clean fleet rules under scrutiny

California’s bold move to adopt the Advanced Clean Fleets (ACF) regulation last year marked a significant step toward reducing emissions from commercial vehicles, setting a precedent that could impact national standards. Adopted by the California Air Resources Board (CARB) in October 2023, the ACF regulation aims to mandate zero-emission vehicles (ZEVs) in fleets, with the goal of mitigating air pollution and combating climate change.

However, the implementation of the ACF regulation was not without its challenges. Shortly after its adoption, the California Trucking Association (CTA) filed a lawsuit against CARB, challenging the legality of the regulation on a number of grounds, including that CARB could not implement the ACF provision without a Clean Air Act waiver application to the Environmental Protection Agency (EPA).

CARB’s authority to adopt such regulations comes from a unique provision of the federal Clean Air Act that grants California the ability to enforce more stringent emissions standards than those required by the EPA. Initially, CARB argued that the ACF rule was designed not as an emissions standard but rather as a purchase mandate for fleets, which is not governed by the Clean Air Act. However, opponents of the ACF argue that by mandating which vehicles fleets can purchase, CARB effectively seeks to indirectly regulate and limit emissions. The lawsuit underscores the controversial nature of environmental regulations and the complex legal landscape in which they operate.

The watershed moment came when CARB filed a waiver application with the EPA in November 2023. The application seeks EPA’s confirmation that California can implement certain aspects of the ACF Regulation without further federal oversight, particularly focusing on less-than-truckload and high-priority fleets. The outcome of this waiver application has significant implications for enforcement of the regulation and broader acceptance of California’s emissions standards nationwide.

In response to legal challenges and pending EPA approval, CARB has announced a voluntary “enforcement delay” for the large fleet and drayage vehicle aspects of the ACF regulation. This delay is intended to provide clarity pending EPA’s decision, ensuring that affected parties can continue with their compliance plans without immediate enforcement action.

The upcoming August 14, 2024 EPA public hearing on California’s waiver request is expected to shed light on the regulatory path forward. Stakeholders, including environmental advocates, industry representatives, and policymakers, will have an opportunity to express their views on the merits and implications of the ACF regulation.

The EPA’s final decision will affect not only California but potentially the entire country’s approach to vehicle emissions standards. If granted, the waiver would confirm California’s right to set its own ambitious environmental goals — a decision that could encourage other states to adopt similar measures.

While the ACF regulation faces legal scrutiny and procedural hurdles, its primary goal of reducing emissions remains a central focus. California’s leadership in environmental policy continues to drive discussions about sustainable transportation and climate resilience, setting a precedent with national and global implications in the fight against climate change.

As stakeholders prepare for a public hearing at EPA, the future of the ACF rule hangs in the balance, and its impact will likely extend far beyond California’s borders.