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Amid ‘Unprecedented Degree of Uncertainty,’ CARB Proposes Two Pathways for Emissions Regulations
The California Air Resources Board (CARB) proposed an emergency action to continue enforcing engine emissions regulations because it says federal government efforts to undo them could result in the sale of vehicles that are not certified to any standard.
As California’s lawsuit continues against the Trump administration, challenging the presidential executive order in January directing federal agencies to terminate state emissions waivers and a resulting revocation of those waivers through the Congressional Review Act (CRA) signed into law in June, CARB said it wants to provide regulatory certainty and flexibility to manufacturers. For school buses and trucks, manufacturers could meet the Omnibus Low-NOx regulation adopted in 2020 or the previous regulation that met the U.S. Environmental Protection Agency levels set in 2010. The CRA this spring revoked three waivers, one of which allowed CARB to set a new level of 0.05 g/bhp-hr of NOx.
The public had five business days from Monday’s announcement to weigh in on CARB’s intent to enact its Emergency Vehicle Emissions Regulations by filing comments with the state’s Office of Administrative Law.
The emergency regulations do not address the Advanced Clean Trucks rule, which the CRA also revoked an EPA waiver for.
“The amendments would confirm that, until a court resolves the uncertainty created by the federal government’s actions, certain antecedent regulations (displaced by Advanced Clean Cars II and Omnibus) remain operative (as previously adopted) with the caveat that CARB may enforce Advanced Clean Cars II and Omnibus, to the extent permitted by law, in the event a court of law holds invalid the resolution purporting to disapprove those waivers,” the proposal reads.
In other words, manufacturers would be able to continue certifying engines under either the earlier-adopted emissions standards or the more stringent standards.
CARB noted that most engine and vehicle manufacturers have already planned on or achieved compliance with the more stringent emissions requirements. But CARB also warned that manufacturers choosing to certify to previous emissions levels assume the risk of having engines out of compliance with regulations, should current legal cases brought against the Trump administration go in California’s favor.
Cummins spokeswoman Drew Blair told School Transportation News that it was premature to respond in detail to CARB’s proposal, as it was not final. But she added Cummins is following the issue closely.
“Cummins is focused on delivering products with the power and performance our customers need to get their jobs done, while also meeting emissions requirements,” she commented. “We also will continue to advocate for national standards to bring clarity to our business and customers and ensure efficient and affordable products are available to power their needs.”
Earlier this month, a group of vehicle manufacturers led by Daimler Truck North America, the parent company to Thomas Built Buses, filed a suit against CARB, claiming the agency would need to re-enact previous legislation before it could enforce earlier emissions regulations.
“In the event the vehicle manufacturer’s claims were deemed correct … then CARB must take immediate action to maintain a stable vehicle market in the state and prevent the sale of vehicles into the state that would not be certified to either set of standards …,” CARB writes. “… Otherwise, in light of these unprecedented circumstances, there may remain questions — for the first time since CARB’s program began decades ago — as to whether any California standard is in effect.”
A Daimler Truck spokesperson said Wednesday the company could not comment on CARB’s proposal.
International, the parent to IC Bus, signed onto the Daimler Truck lawsuit. An International spokesman declined comment because the litigation is ongoing.
Meanwhile, CARB said Tuesday 23 percent of new medium- and heavy-duty vehicle sales in 2024 were zero emissions, more than double the minimum statewide requirement. The data is based on 30,026 zero-emission trucks, buses and vans reported to CARB by manufacturers. School buses are included in the reporting.
It was the fourth year in a row that ZEV sales increased. More than 57,000 ZEVs have been sold in California since 2021.
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