California requests waivers on regulations concerning trucking emissions

EPA scheduled public meeting for September 28

Posted August 10, 2016

The California Air Resources Board (CARB) has requested two waivers of preemption regarding emissions and diesel trucks. Two notices were published in the August 9 Federal Register with details on each request.

The first Federal Register notice states CARB has notified the Environmental Protection Agency (EPA) that it has adopted a series of amendments to its on-highway heavy-duty vehicle and engine regulations. The amendments to CARB's in-use compliance program align CARB's program with EPA's program in terms of measurement allowances during on-road testing (In-Use Amendments). The amendments to CARB's 2007 and subsequent model year (MY) regulation (2007 Amendments) are minor technical amendments regarding mathematical expression of emission results and certain compliance flexibilities.

The amendments to CARB's truck idling requirements (Truck Idling Amendments) clarify that certain vehicles are exempt from the new vehicle requirements. By letter dated January 27, 2016, CARB submitted a request that EPA grant a full waiver of preemption for the In-Use Amendments. CARB separately seeks EPA's confirmation that the 2007 Amendments and the Truck Idling Amendments are within the scope of prior EPA waiver decisions.

The second notice states CARB notified EPA that it has adopted a greenhouse gas emission regulation for new 2014 and subsequent model year on-road medium-and heavy-duty engines and vehicles (California Phase 1 GHG Regulation). This regulation aligns California's GHG emission standards and test procedures with the federal GHG emission standards and test procedures that EPA adopted in 2011. By letter dated January 29, 2016, CARB submitted a request that EPA grant a waiver of preemption for the California Phase 1 GHG Regulation.

EPA has scheduled a public hearing concerning California's requests for September 28, 2016, at 10 a.m. EPA will hold a hearing only if any party notifies EPA by September 21, 2016, to express interest in presenting the Agency with oral testimony.

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