Illinois stalls but doesn’t quit on California vehicle emission rules

Despite the federal government striking down California’s vehicle emission rules, Illinois is not completely abandoning plans to adopt them.

Stricter vehicle emission rules implemented by the California Air Resources Board (CARB) have been the center of controversy before they even began. For trucking stakeholders, Advanced Clean Trucks and the Heavy-Duty Low NOx Omnibus rule posed an existential crisis for dealerships and small-business motor carriers.

Under the Clean Air Act, California, and only California, can set vehicle emission rules stricter than federal regulations. The U.S. Environmental Protection Agency must grant the state a waiver first. Once that waiver is granted, other states can adopt California’s more stringent standard.

Advanced Clean Cars II, Advanced Clean Trucks and the Omnibus rule – collectively known as the EV mandate – received those waivers. Ten states adopted the truck-related vehicle emission rules.

Illinois is not one of those states, but it wants to be.

In February 2023, Illinois attempted to adopt California’s vehicle emission rules through the standard legislative process used by the other 10 states. Rep. Edgar Gonzalez Jr., D-Chicago, introduced HB1634, which ended up being a dud.

The bill had only eight co-sponsors. Over 6,100 witness slips were submitted, with more than 90% opposing it. Ultimately, it died in committee.

Undeterred, Illinois sought to bypass the failed legislative route through regulatory means.

In June 2024, after the legislative session ended, environmental groups filed a rulemaking proposal to adopt CARB’s rules.

Shortly after, construction and fuel industry groups moved to dismiss the proposal. Their motion was denied last November.

Several public hearings followed. In March, the Owner-Operator Independent Drivers Association submitted comments. They stressed that clean air is vital for all, including truckers, but technology should be practical, affordable and reliable.

“Small-business truckers and owner-operators should not be used as trial cases for new technologies, while getting priced out of business in the process,” OOIDA wrote in comments signed by President Todd Spencer. “We believe there is a more realistic path forward to reducing commercial vehicle emissions that involves listening to the men and women of the trucking industry. Illinois should continue seeking feedback from these stakeholders as the Pollution Control Board considers any potential new emissions rules. Truckers know all too well that poorly implemented regulations will result in breakdowns, downtime and ultimately set back the goal of achieving cleaner air.”

CARB rules on life support but not dead

Hopes for California’s vehicle emission rules faded in June when President Donald Trump signed resolutions that revoked their waivers.

In July, groups opposing Illinois’ proposed rule filed a motion to reconsider the dismissal of it. They argued that the joint resolutions are a change in the law that is grounds for reconsideration. Proponents counterargued that the resolutions are unlawful. California has filed a lawsuit claiming exactly that.

On Thursday, Sept. 18, the Illinois Pollution Control Board – the government panel behind the rulemaking – acknowledged that the joint resolutions change the game. The board also recognized that it is not in a position to determine the legality of those resolutions. Resolutions were passed through the bicameral process, giving them “the full force and effect of law.”

Nevertheless, the board chose not to dismiss the proposed rule. It stated that the motion to dismiss focuses on the board’s authority, not the vehicle emission rules themselves. While the joint resolutions change the laws in question, they do not alter the board’s authority.

Illinois can still adopt California’s vehicle emission rules. However, it cannot enforce them until a waiver is granted or, in this case, reinstated.

For example, Massachusetts and New York adopted CARB rules before a waiver was granted. Once California received waivers, enforcement in those states was triggered.

Because the joint resolutions are being challenged in court, the Illinois Pollution Control Board has decided to pause the rulemaking instead of dismissing it outright. Even if California wins the lawsuit, it is not guaranteed Illinois will follow through with the rulemaking.

In its order to stay the rulemaking, the Illinois Pollution Board admitted there are still lingering questions about the vehicle emission rules. Some of those issues include the motor vehicle tax, infrastructure concerns and costs to the public.

The board said that when the rulemaking stay is lifted, it will “proceed with further discussion on other issues prior to deciding whether to move to first notice or dismiss the rulemaking.” For now, no state, including Illinois, can enforce California’s vehicle emission rules. LL