By: Marian Slocum of Richards, Watson & Gershon
The California Air Resources Board (CARB) withdrew its pending request for a waiver and authorization from the Environmental Protection Agency (EPA), pursuant to Sections 209(b) of the Clean Air Act (CAA) for its Advanced Clean Fleets (ACF) regulations on January 13, 2025. The waiver would have permitted CARB to implement the drayage and “high priority fleets” provisions of the ACF. CARB has asserted the public fleet requirements remain unaffected by CARB’s waiver request withdrawal.
Background Federal Regulatory Framework:
Under Title II of the CAA the federal government, through the EPA, regulates emissions from new motor vehicles. While Section 209(a) of the CAA provides that states are prohibited from adopting or enforcing any standard related to the control of emissions from new motor vehicles, there is an exception. California can apply to the EPA for a waiver to set its own emission standard under Section 209(b) of the CAA.
Background State Regulatory Framework:
The goal of CARB’s ACF regulations is to achieve a fully zero-emission medium and heavy-duty vehicle fleet in California, where feasible, by requiring a phased transition of fleets from internal combustion engines (ICEs) to zero-emission vehicles (ZEVs) by 2045. The ACF regulations provide for this transition to begin in 2024 and continue until no internal-combustion trucks would be sold in California after 2035. The ACF, as originally promulgated, applied to California fleets in three categories: (1) those performing drayage operations, (2) public fleets owned by state, local, or federal government agencies, and (3) “high-priority fleets.” The ACF defines high-priority fleets as entities with at least $50 million in gross annual revenue that own, operate, or control at least one vehicle with a gross vehicle weight rating (GVWR) over 8,500 pounds, or entities that own, operate, or control a total of 50 or more vehicles exceeding this weight threshold.
Legal Challenges:
CARB introduced its ACF regulations in April of 2023 and finalized them in November of 2023. An ensuing legal challenge to the ACF from the California Trucking Association alleged that an EPA waiver was required to enact the ACF. CARB then submitted the waiver request to the EPA to implement the drayage and “high priority fleets” provisions of the ACF in November 2023.
Implications of Waiver Withdrawal:
CARB’s decision to withdraw the waiver means that drayage operations entities and high-priority fleet owners do not have to comply with ACF regulations. CARB has asserted that the provisions affecting local agencies do not require a federal waiver, therefore the public fleet provisions remain unaffected.
Beginning in 2024 last year, state and local government fleet owners must have reported the status of their fleets relative to the regulations and have selected one of two options, either the (1) “ZEV Purchase Schedule” or the (2) “ZEV Milestone-Based Schedule” Methods of compliance. These methodologies for compliance remain in effect today. Local Agencies will generally have to report annually under the requirements of either choice of methodology by either April 1 or February 1 respectively (see California Code of Regulations, title 13, sections 2013(e), 2013.2 and 2015-2015.6).
For more information, please visit CARB’s website: Advanced Clean Fleets | California Air Resources Board.
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