‘Misguided’ EPA rule finds opposition

The Owner-Operator Independent Drivers Association is supporting an effort to overturn the U.S. Environmental Protection Agency’s Phase 3 heavy-duty truck emission rule.

In May, OOIDA reached out to its approximately 150,000 members.

“We need your support to repeal another misguided EPA emission rule,” OOIDA wrote. “Tell your lawmakers to vote yes on SJ Resolution 74 and HJ Resolution 133.”

A group of Republicans are leading the charge to overturn the EPA rule. On May 1, Sens. Pete Ricketts, R-Neb., and Dan Sullivan, R-Ark., along with Rep. John James, R-Mich., held a news conference announcing they were introducing Congressional Review Act (CRA) resolutions to invalidate the EPA’s latest rules setting stricter emission standards for both heavy-duty trucks and passenger vehicles. Ricketts and James introduced the CRA for the light- and medium-duty vehicles rule. Sullivan and Rep. Fulcher, R-Idaho, introduced the CRA for the heavy-duty vehicles rule.

During the news conference, the lawmakers referred to the rules as an EV mandate and called the regulations “delusional.” The Republican-led charge against the emission standards claims the relatively high costs of electric vehicles will “decimate” middle-class and lower-income Americans and will increase reliance on China for batteries. In a news release, James called the emission rules “comply-or-die electric vehicle mandates.”

Opponents of the EPA rule can go to FightingForTruckers.com and reach out to their lawmakers.

New truck emission standards

EPA’s new truck emission standards will effectively force 25% of new sleeper-cab tractor sales to be zero-emission vehicles by 2032.

Commonly referred to as “zero-emission” trucks, electric and hydrogen-fueled trucks are actually “zero-direct-emission” vehicles, as defined by the Department of Energy. Although emission measured on a tailpipe basis (direct) may be zero, emission related to battery production, distribution, recycling and disposal does not have a net-zero result.

Truck emission standards vary by vehicle type. Light heavy-duty (Class 2b-5) vocational trucks, for example, have the most stringent standards, requiring that 60% be zero-emission by 2032.

According to the EPA, the final truck emission standards will avoid about 1 billion metric tons of greenhouse gas emission from 2027 through 2055. The federal government also claims that the heavy-duty industry will see annualized savings of $3.5 billion compared to annualized costs of about $1.1 billion.

Legal challenges to EPA rule?

With the Congressional Review Act unlikely to succeed, another avenue to invalidate the new truck emission standards is through the courts.

A CRA resolution is an oversight tool Congress can use to overturn agencies’ rules. However, it requires passage in both chambers of Congress and a signature from the president or a supermajority in Congress to override a presidential veto. Since CRA resolutions are typically partisan in nature, they rarely survive.

Out of the more than 250 resolutions introduced between 1996 and 2022, only 20 have been successful – 16 of those during former President Donald Trump’s first year in office, when Republicans controlled both the legislative and executive branches. Currently, Republicans have only a slim majority in the House.

However, an agency rule can be challenged in court by virtually anyone who feels it violates the law or constitution. Since the EPA’s truck emission rule just recently became official, no lawsuits challenging it have hit the federal court docket … yet.

In a joint statement following the announcement of the new rule, the American Petroleum Institute and American Fuel and Petrochemical Manufacturers indicated they were poised to take legal action if necessary.

“By moving forward with an extreme reliance on so-called heavy-duty zero-emission vehicles, this rule disincentivizes the development of other fuel-based technologies – including American-made renewable diesel – that are working in today’s heavy-duty fleet to reduce emissions more quickly and at a lower cost,” the oil and gas associations said in a statement. “This misguided rule should be overturned by Congress, but short of that, our organizations are prepared to explore challenges in court.” LL