Semi trucks parked

California Withdraws EPA Waiver Request for Zero-Emission Advanced Clean Fleet Regulations

California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require commercial truckers to switch to using zero-emissions vehicles in accordance with the CARB’s Advanced Clean Fleets regulation (ACF).

Had it been granted a waiver, CARB would have been allowed to put into effect the drayage and “high priority fleets” provisions of the ACF. CARB first requested this wavier back in November 2023. The EPA accepted California’s withdrawal request the very next day.

CARB’s ACF regulation would have required all medium and heavy-duty vehicles sold in California to be zero-emission vehicles by the year 2036. It would have also required fleet owners to implement increased percentages of zero-emissions vehicles going into 2035. ACF regulations would affect all operators of trucks in the state including those operated by the U.S. Postal Service.

Despite the EPA’s recent granting of other CARB waivers, it had not made a decision on CARB’s request as it pertains to the ACF regulations.

CARB’s decision to withdraw its waiver request came just days before the inauguration of President Donald Trump. In a statement to the media, CARB Chair Liane Randolph said, “the withdrawal is an important step given the uncertainty presented by the incoming administration that previously attacked California’s programs to protect public health and the climate and has said will continue to oppose those programs.”

CAA’s Title II empowers the federal government with the task of regulating emissions from all new motor vehicles. Under Section 209(b), states are not allowed to adopt or enforce any standard related to the control of emissions from new motor vehicles. However, an exception to this exists, which allows the EPA to grant states, such as California, a waiver if requested to set its own emission standards if certain conditions are met.

Back on Nov. 15, 2023, CARB introduced its finalized ACF regulations to the EPA and requested the federal agency grant it a Section 209(b) waiver. While the waiver request was being considered by the EPA, CARB encountered several litigation challenges against the ACF regulations, including those filed by the California Trucking Association, the Western States Trucking Association, and the National Truck Equipment Association. These legal challenges questioned the constitutionality of the ACF standards considering the EPA’s CAA.

So, it was unsurprising that CARB’s decision to withdraw its request for a waiver was met with approval by these agencies. Chris Spear, president of the American Trucking Association, issued a statement noting that, “his unachievable mandate would have raised costs and caused disruption throughout our supply chain without delivering the promised environmental benefits.” He added that, “the American Trucking Associations will continue to advocate for rational, nationwide emissions standards that are both ambitious and achievable.”

Notably, California’s decision to withdraw its waiver request does not affect its own state and local government fleets. Those trucking providers will still be subject to the ACF regulations and will be required to work towards meeting its zero-emissions timeline. The CAA’s guidelines do not require states to seek waivers under Section 209(b) for its own fleets.

In addition, it is worth noting that since withdrawing its waiver request, CARB has not provided any guidance on just how its decision will affect its implementation of the CAA regulations and enforcement of its requirements. Commercial transportation companies in California should watch closely as to how CARB’s decision will affect future regulatory strategies and their need to implement zero-emission vehicles.