California's Stunning Decision: CARB Withdraws EPA Waiver Request for Advanced Clean Fleets Rule

Analytics

California has taken a surprising turn in its journey towards zero-emission fleet management by retracting its request for a federal waiver required to implement the state’s Advanced Clean Fleets (ACF) rule. This decision was revealed in a brief letter addressed to Jane Nishida, the acting administrator of the Environmental Protection Agency (EPA), by Steven Cliff, executive officer of the California Air Resources Board (CARB). Notably, the request was initially made in late 2023, setting off ripples throughout the industry.

According to the letter, first seen on Tuesday, Nishida expressed the EPA’s acknowledgment of the withdrawal and stated that they now consider “this matter closed.”

A Staggering Reversal

When CARB originally adopted the ACF rule, they believed that no waiver was necessary, a stance that was boldly communicated to industry stakeholders. However, this confidence wavered following a lawsuit by the California Trucking Association, which contended that a waiver was indeed required. The lawsuit pushed CARB to back down, and a waiver request was formally submitted in November 2023.

California, known for consistently driving forward independent air quality standards, has historically received waivers from the EPA. Hence, many anticipated a similar outcome for the ACF, especially after the Advanced Clean Trucks rule was granted a waiver earlier in 2023.

Political Shifts and Strategic Decisions

An article published late Tuesday by The New York Times highlighted insights from Liane Randolph, CARB chair. Randolph suggested that the waiver process had run its course with the impending shift in federal administration as the Trump administration was poised to re-enter office.

“Given the lack of public support from the Trump administration for similar strategies, it was deemed prudent to retract this request and explore other avenues,” Randolph was quoted as explaining.

Industry Response and Implications

The decision to withdraw the waiver request was met with applause from several industry associations, including the Western States Trucking Association (WSTA), which had actively challenged the legality of the ACF.

“We welcome this development, especially amidst California’s current crises. It underscores the essential role of heavy-duty vehicles—particularly ultra-clean diesel technologies—in mitigating immediate challenges,” the WSTA commented, highlighting the logistical hurdles posed by recent wildfires and power outages.

The Future of Zero-Emission Goals

With the waiver withdrawal, the future of the ACF’s stringent measures, such as requiring only zero-emission vehicles in the state’s drayage registry starting January 1, 2024, remains uncertain. CARB had initially planned to delay enforcement pending a waiver decision but will now need to strategize alternative compliance pathways.

The counterpart regulation, the Advanced Clean Trucks rule, remains unaffected and continues to push forward as California strives to shape a sustainable and environmentally friendly truck market.

Stay tuned as this story unfolds with further updates expected on Wednesday.

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Read more articles by John Kingston on FreightWaves.

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