On December 18, the U.S. Environmental Protection Agency (EPA) granted the California Air Resources Board (CARB) a waiver to enforce its stringent NOx emissions standards for heavy-duty trucks, aiming to reduce NOx emissions by 90%, overhaul engine testing procedures, and extend engine warranties.

The American Trucking Associations (ATA) has expressed strong opposition to this decision. ATA President and CEO Chris Spear stated that the waiver imposes unworkable state-by-state standards on the trucking industry, compromising the federal NOx standard adopted just two years ago. He argues that the waiver, which allows California to enforce its own, more stringent NOx emissions standards and allows states the option to adopt them, creates a fragmented regulatory environment, posing challenges for the trucking industry nationwide.

A consistent, nationwide standard is preferred to a patchwork of state-specific regulations, which leads to increased operational complexities and costs. California's mandates have already led to significant truck shortages and price increases, limiting truck sales and purchases in several states. CARB’s unworkable policies disregard the operational needs of the trucking industry and will adversely affect consumers through higher prices for everyday goods.

In Pennsylvania, the recent EPA waiver intensifies the debate over adopting CARB's NOx standards. The waiver means that the state’s Department of Environmental Protection’s (DEP) existing regulation adopting CARB’s emissions standards is now permitted by federal law and can now be enforced in Pennsylvania.

 The Pennsylvania Motor Truck Association (PMTA) and four of its members argued in court in June that the automatic incorporation of these standards in the state causes economic and operational challenges for the local trucking industry. In Peters Brothers, Inc., et.al. v. DEP et. al., PMTA contends that delegating regulatory authority to CARB deprives Pennsylvania businesses and residents of a voice in the rulemaking process, violating constitutional principles.

In late November, PMTA learned that the state’s Commonwealth Court found by a vote of 4-3 that PMTA’s lawsuit cannot proceed because of a bar on “pre-enforcement challenges” in state law. PMTA’s attorneys at the Pacific Legal Foundation will file an amended complaint early next year continuing to challenge the constitutionality of the adoption of the NOx standards and warranty requirements. In addition to challenging Pennsylvania’s unlawful rolling incorporation of California standards, PMTA will now raise new state and federal constitutional claims arguing that PMTA has a right to have its case heard – regardless of whether DEP is actively enforcing California standards at this time.

At the same time, PMTA is closely watching events at the national level as the incoming Trump administration may reevaluate EPA’s policies on emissions standards.

The trucking industry in Pennsylvania is already under significant strain, and these additional regulatory burdens could have far-reaching consequences for the state's economy. PMTA continues to urge consideration of all relevant factors as emissions standards are considered.