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By Amanda Hampton, Associate,
Nessle & Blakey
On April 27, the Environmental Protection Agency (EPA) initiated the third and final phase of its Clean Trucks Plan by issuing a notice of proposed rulemaking (NPRM) to establish stricter greenhouse gas (GHG) standards for heavy-duty vehicles, including delivery trucks, transit, and trucks used for freight hauling. The Clean Trucks Plan was announced in 2021 to reduce emissions from medium- and heavy-duty vehicles via a series of three rulemakings.
EPA described its proposed rule as building on the momentum of the Bipartisan Infrastructure Law and the Inflation Reduction Act – two major pieces of legislation making investments in zero-emission technologies and their coinciding infrastructure. Under EPA’s proposed rule, new standards for heavy-duty vehicles would begin in model year (MY) 2028 and become gradually stricter through MY 2032. According to EPA, one pathway for the industry to meet the requirements would be through: 50 percent zero emission vehicles for vocational vehicles in MY 2032; 34 percent zero emission vehicles for day cab tractors in MY 2032; and 25 percent zero emission vehicles for sleeper cab tractors in MY 2032.
In addition to the MY 2028 through 2032 standards, EPA proposed to revise its 2016 final rule to set more stringent MY 2027 requirements. The American Trucking Association expressed disappointment in this proposal and emphasized the need for regulatory certainty for the industry to sufficiently invest in the proper technologies.
Following EPA’s announcement of the proposed rule, Senator Carper (D-DE) stated that there is more demand and affordability for electric vehicles than ever before and he hopes EPA will issue a final rule by the end of 2023. The Electrification Coalition recognized that EPA’s MY 2028 timeline may be a challenge for some in the automotive industry but described the proposal as a mechanism to stimulate state, local, and private sector investments that will accelerate the electrification of the transportation industry. The American Fuel & Petrochemical Manufacturers (AFPM) criticized the proposal for making the U.S. more dependent on China. AFPM urged EPA to withdraw the proposal and collaborate with the industry to identify cost-effective approaches to emission reduction while maintaining competition.
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The proposed standards have raised questions on the country’s readiness to support the deployment of zero-emission vehicles. On May 2 and 3, 2023, EPA hosted public hearings to discuss the proposed rule. Testimony submitted by the Truck and Engine Manufacturers Association (EMA) urged EPA on the importance of ensuring the infrastructure needed to recharge and refuel zero-emission vehicles is accessible before mandating their deployment. The testimony further cautioned that requiring manufacturers to sell zero-emission vehicles without adequate infrastructure in place will deter fleets from purchasing them, ultimately creating a “recipe for disaster.” Comments on EPA’s proposal are due by June 16.
A separate phase of the EPA’s Clean Trucks Plan – the final rule on Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards – recently came under congressional fire. The Senate passed a resolution by a 50-49 vote, providing for congressional disapproval of the EPA’s December 2022 final rule, which set more stringent nitrogen emission standards for trucks beginning in MY 2027. The resolution’s sponsor, Senator Deb Fischer (R-NE), argued that EPA’s proposal would increase the costs of new trucks, thereby incentivizing the use of older, higher-emitting trucks. A similar measure was introduced in the House by Representative Troy Nehls (R-TX).
In response to S.J.11, the White House released a Statement of Administration Policy, asserting that repealing EPA’s final rule would cause “weaker emissions standards and the loss of at least $36 billion in present value net benefits to society.” President Biden committed to vetoing the measure if it were to advance to his desk, and both chambers would need a two-thirds vote to override his veto.
Nessle & Blakey, Ltd. is a public affairs and
communications consulting firm based in
Washington, DC.
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