CARB Emissions Suspension by DEP Extended to MY27
PMTA is providing this update on the status of the suspension of the California Air Resources Board (CARB) emissions requirements for heavy-duty trucks in Pennsylvania.
Nearly 20 years ago the Pennsylvania Department of Environmental Projection (DEP) adopted CARB’s emissions standards by reference for diesel-powered vehicles weighing over 14,000 lbs. As a result, any time CARB revises its rules, Pennsylvania’s Heavy-Duty Diesel Emission Control Program automatically updates to adopt the California rules.
In response to PMTA’s members’ concerns about cost increases for new trucks in 2022 due to warranty requirements that have no beneficial impact on the environment, DEP issued a notice in November 2021 that the agency would not be enforcing CARB requirements in PA until at least July 31, 2023.
PMTA has advocated for extending this suspension.
Beginning with Model Year 2024 vehicles, CARB regulation imposes increasingly stringent emission standards for heavy diesel engines—which are forecast to dramatically increase costs for trucking companies and consumers. Pennsylvania has also incorporated these requirements by regulation—but without any consideration as to the impact on Pennsylvania businesses and consumers, and without any opportunity for public comment. DEP maintains that these burdensome new California standards apply automatically in Pennsylvania, without need for any Pennsylvania official to endorse them.
After PMTA expressed these concerns to DEP and legislators, on Saturday, June 10, DEP issued a further extension of CARB enforcement until MY 2027. (Suspension of Enforcement of the Pennsylvania Heavy-Duty Diesel Emissions Control Program).
However, DEP’s temporary policy of non-enforcement does not protect dealerships and trucking companies from these burdensome California regulations. DEP has warned that truck owners and sellers may still face potential lawsuits from third parties if they fail to comply with CARB standards.
PMTA supports SB 254, a bill sponsored by Sen. Gene Yaw that would suspend the enforcement of CARB emissions regulations through MY26 AND protect businesses from legal challenge by third parties if they are complying with EPA standards during the suspension.
SB 254, which suspends CARB through MY26, will now be considered by the PA House of Representatives. PMTA members are urged to contact their state House member to support SB 254.
Additionally, PMTA and several of its members have challenged the delegation of Pennsylvania's heavy-duty emissions standards to CARB in state court. For information on this complaint see: https://pacificlegal.org/case/pa-trucking-diesel-carb-standards/