The Environmental Protection Agency (EPA) is currently inviting public comments regarding California’s Advanced Clean Fleets (ACF) rule and the state’s request for a waiver to implement it. A virtual public hearing on this issue is scheduled for August 14 at 10 a.m., as announced by the EPA.
Under the ACF rule, initially slated to take effect on December 31, 2023, California’s Air Resources Board (CARB) mandates that truck purchasers adhere to stringent emissions standards. The rule complements the Advanced Clean Trucks regulation, which directs original equipment manufacturers (OEMs) on permissible truck types for the California market. The Advanced Clean Trucks rule secured an EPA waiver in March 2023.
While most ACF mandates are phased in over nearly two decades, a pivotal provision would have prohibited registration of drayage trucks with internal combustion engines beginning January 2024.
California’s unique authority under the Clean Air Act allows it to enforce stricter regulations, contingent upon receiving a federal waiver due to its distinctive geography and scale.
The path to ACF approval faced legal challenges, notably a lawsuit from the California Trucking Association arguing CARB’s need for an EPA waiver. In response, CARB suspended ACF enforcement in December pending EPA review.
Recent legal developments, including the Ohio vs. EPA case affirming EPA’s waiver authority, underscore ongoing legal disputes. Seventeen states have also filed suit against the ACF rule, citing concerns over national implications and market influence beyond California’s borders.
While awaiting EPA’s decision on the waiver, registration of drayage trucks with internal combustion engines remains permissible in California. However, officials suggest potential retroactive enforcement if the waiver is granted.
Data from the Port of Long Beach indicates a rising trend in zero-emission vehicle (ZEV) adoption, with a notable increase from 198 to 307 vehicles by December, representing a 55% rise despite the ACF rule’s suspension.
Critics argue that ZEV adoption, incentivized heavily by CARB, constitutes only 1.48% of truck movements at the Port of Long Beach as of May, underscoring ongoing debates surrounding the mandate’s impact.