EPA Proposes To Rewrite Biden Administration Truck Pollution Control Standards

On July 9, the U.S. Environmental Protection Agency announced a proposal that, if finalized, would loosen requirements for pollution controls on emissions from heavy duty trucks. EPA Administrator Lee Zeldin estimated the move would save the U.S. trucking industry $12 billion. The proposal also would eliminate deratements entirely. The EPA is also proposing to scale back the emissions warranty requirements that added the largest single cost to the trucking industry.

Under the proposal, the EPA would maintain the underlying emission standards, including nearly 90 percent of the nitrogen oxide (NOx) reductions, while sparing Americans from unnecessary warranty costs. The EPA proposed to add lead time before the longer regulatory useful life requirements take effect. This move will allow manufacturers time to ensure new technologies perform reliably under real-world conditions, rather than rushing unproven products to market.

As the EPA noted in its press release, truck and engine manufacturers, suppliers, trucking fleets, and dealerships have repeatedly warned that the NOx emission reduction provisions proposed in 2023 were unattainable within the given timeframe and would create compliance challenges. In response, EPA is proposing nonconformance penalties for certain heavy-duty diesel engines that temporarily cannot meet the new NOx standards. This change, if finalized, should provide flexibility to comply and allow sales to continue, helping to prevent supply disruptions and supporting a stable transition to new technologies.