Truck & Engine Group Sues to Ensure Proper Lead Time on Emissions Standards
The Truck and Engine Manufacturers Association (EMA) filed a lawsuit seeking to ensure that the California Air Resources Board (CARB) follows the explicit requirements established by Congress in the federal Clean Air Act that heavy-duty on-highway engine and vehicle manufacturers must be provided at least four full model years of lead time before new emission standards become effective.
The Clean Air Act requires California to provide manufacturers the same minimum four-year lead time that applies to federal emission standards adopted by the U.S. Environmental Protection Agency (EPA). On December 22, 2021, CARB adopted the Heavy-Duty Engine and Vehicle Omnibus Regulation, a package of stringent emission standards, test procedures, and other emission-related requirements applicable to new heavy-duty on-highway engines and vehicles sold in California.
The Omnibus Regulation requires heavy-duty engine and vehicle manufacturers to comply with the new standards on January 1, 2024, providing manufacturers only two years of lead time. In recognition of California’s unique air quality issues, the federal Clean Air Act allows California to establish its own unique standards and not be subject to the Act’s preemption provisions, provided California meets certain requirements–including providing heavy-duty on-highway engine and vehicle manufacturers four full model years of lead time.
EMA president Jed R. Mandel said, “Truck and engine manufacturers are proud that today’s modern engines reduce harmful emissions to near zero levels, and we are committed to building still cleaner products–but CARB must provide manufacturers the minimum four years of lead time mandated by Congress. We acknowledge that the Clean Air Act gives CARB he authority to establish California-specific emissions standards and regulations; however, in doing so, CARB must follow Congress’s requirements. This lawsuit is simply to ensure that CARB follows all of the prescribed rule –one of which is intended to maximize the likelihood of the smooth and successful implementation of new emission standards.”
When enacting the Clean Air Act, Congress recognized that heavy-duty on-highway engine and vehicle manufacturers needed time to develop and produce products to meet stringent new emissions standards. The highly diversified and low-volume commercial engine and vehicle manufacturing industry must design multiple new engine and exhaust aftertreatment technologies, conduct extensive testing to ensure long-term durability, integrate the new systems into extensive distinct vehicle chassis, and assure customers that the new products will meet their needs through real-world demonstrations. In the Clean Air Act, Congress determined that four full model years is the minimum amount of time manufacturers needed to complete the product design and development process, and in 1986 the U.S. Court of Appeals for the District of Columbia Circuit reaffirmed Congress’s intent.
Mandel added, “Manufacturers and our customers should not be forced to short circuit the design, development and integration process, and CARB should not be allowed to circumvent Congress’ clear mandate to provide adequate lead time. We urgethe U.S. District Court for the Central District of California to reaffirm the minimum four-year lead time requirement. We hope this matter will be resolved quickly so that manufacturers have the lead time and regulatory certainty needed to develop and build the products our customers–and our economy–depend on.”
Source: Truck & Engine Manufacturers Association