EPA’s greenhouse gas proposal subject of multiple-day hearing

April 14, 2023

Mark Schremmer

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It’s fair to say that the U.S. Environmental Protection Agency is anticipating some feedback in its battle against greenhouse gas emissions.

Following a controversial White House announcement earlier this week regarding proposed greenhouse gas emission standards on heavy-duty trucks, the EPA is planning a virtual public hearing that could last up to three days.

In a notice that is scheduled to publish in the Federal Register on Monday, April 17, the EPA announced it will have a public hearing on the proposal titled “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles Phase 3” on May 2 and May 3. If needed, the EPA is leaving open the option to have a third session on May 4 in order to accommodate those who sign up to testify.

The EPA’s proposed emission standards would require a quarter of new heavy trucks sold in the U.S. to be all-electric by 2032.

The 717-page proposal complements the criteria pollutant standards for model year 2027 and beyond heavy-duty vehicles that EPA finalized in December 2022 and represents the third phase of EPA’s Clean Trucks Plan.

EPA is proposing stronger carbon dioxide standards for model year 2027 heavy-duty vehicles that go beyond the current emission standards that apply under the HD Phase 2 Greenhouse Gas program. EPA is also is proposing an additional set of carbon dioxide standards for heavy-duty vehicles that would begin to apply in model year 2028, with progressively lower standards each model year through 2032.

Opposition

The proposal received immediate opposition from several lawmakers and organizations, including the Owner-Operator Independent Drivers Association.

“The Biden-Harris EPA is continuing their regulatory blitz on small-business truckers,” OOIDA President Todd Spencer said in a statement. “The latest proposal comes on the heels of a hurried nitrogen oxide emissions rulemaking finalized in December along with a California waiver mandating sales of electric trucks.

“Professional drivers are skeptical of (electric vehicle) costs, mileage range, battery weight and safety, charging time, and availability. It’s baffling that the EPA is pushing forward with more impractical emissions timelines without first addressing these overwhelming concerns with electric (commercial motor vehicles). The pursuit of this radical environmental agenda in conjunction with an anticipated speed limiter mandate will regulate the safest and most experienced truckers off the road.”

American Trucking Associations President Chris Spear criticized EPA’s decision to reopen its Phase 2 regulation that was finalized in 2016.

“To make the plans and investments necessary for a successful transition, our industry needs regulatory certainty – not whimsical changes of mind from year to year,” Spear said in a statement.

“If EPA wants us to remain a willing participant, their going back and changing what was already agreed upon is not how to do it.”

Sen. Shelley Moore Capito, R-W. Va., called the EPA proposal “misguided” and “burdensome.”

“The Biden administration made clear it wants to decide for Americans what kinds of cars and trucks we are allowed to buy, lease, and drive,” Capito said in a statement. “These misguided emissions standards were made without considering the supply chain challenges American automakers are still facing, the lack of sufficiently operational electric vehicle charging infrastructure, or the fact that it takes nearly a decade to permit a mine to extract the minerals needed to make electric vehicles.”

Public hearing

Those who would like to attend or testify at the virtual public hearing on greenhouse gas emission standards are asked to email the EPA at EPA-HD-Hearings@epa.gov by April 26. LL

Land Line’s Tyson Fisher contributed to this report.