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By Amanda Hampton, Junior Associate,
Blakey & Agnew
According to the Environmental Protection Agency (EPA), the transportation sector is the largest contributor to greenhouse gas (GHG) emissions and is responsible for 27 percent of emissions. Consistent with the goals of the Biden-Harris Administration, EPA has taken action to address GHG emissions from trucks that is expected to improve the health of 72 million Americans who live near truck freight routes.
In 2021, EPA announced its Clean Trucks Plan – a series of rulemaking over three years to improve air quality by reducing emissions from medium- and heavy-duty vehicles, including buses, commercial delivery trucks, and other types of trucks. On December 20, 2022, EPA finalized the first of three actions by issuing a final rule.
The final rule makes updates to the clean air standards for the first time in over 20 years. The new standards will apply to heavy-duty vehicles beginning in model year 2027 and will reduce nitrogen (NOx) emissions by nearly 40 percent by 2040 and by 50 percent in 2045. According to the EPA, the new standards are “more than 80% stronger, increase useful life of governed vehicles by 1.5–2.5 times, and will yield emissions warranties that are 2.8–4.5 times longer.”
The final rule required manufacturers to provide more in-depth regulatory useful life and emission-related warranty information. The agency explained that the more in-depth requirements would help ensure the new standards are consistently met throughout a vehicle’s operational life. Also under the new rule, manufacturers must meet the new emissions standards while having less frequent scheduled maintenance for emission-related parts and systems.
When EPA first proposed the changes to its emission standards in March 2022, it also suggested changes to the agency’s Heavy-Duty Greenhouse Gas (GHG) Emissions Phase 2 program; however, EPA did not make changes to this program in the final rule. Rather, EPA explained it would issue a subsequent rulemaking if it decided to consider such changes. EPA announced plans to release additional proposals in 2023 to continue carrying out the Clean Trucks Plan. Such proposals include new multipollutant standards for light- and medium-duty vehicles beginning in model year 2027 and “Phase 3” GHG standards for heavy-duty vehicles beginning
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in model year 2027.
In addition to the agency’s rulemaking, EPA is implementing other emission reduction programs established under the Inflation Reduction Act (IRA). One of these initiatives is the Clean Ports program, a $3 billion grant and rebate program to install zero-emission port equipment and technology. Grants available through the Clean Ports program may be used to purchase or install zero-emission port equipment, conduct any relevant planning or permitting needed to purchase or install zero-emission port equipment, and develop climate action plans. Funding will be made available until September 30, 2027.
EPA hosted two listening sessions near the end of 2022 seeking public input on the best ways to implement the Clean Ports program. Acknowledging the broad language set forth by the IRA, EPA sought feedback on the following topics: the types of zero-emission port technologies and planning support most needed for reducing emissions; the most significant hurdles to transitioning to zero-emission port equipment; how the program could complement other federal funding programs; whether the funding should be sequenced or combined; and how EPA can ensure the program advances environmental justice and addresses concerns of near-port communities.
To close the listening sessions, Mike Moltzen, EPA Deputy Director of the Transportation and Climate Division in the Office of Transportation and Air Quality, shared some of his takeaways for the implementation of the Clean Ports program. Some takeaways included the need to make grants available to projects upgrading the utility sector; the significance of ensuring all types of ports receive funding, including inland and small ports; and making grants available through multiple funding cycles.
Blakey & Agnew, LLC is a public affairs and
communications consulting firm based in
Washington, DC.
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