EPA Proposes to Prevent California from Applying Smog Regulations to Out-of-State Trucks
The U.S. Environmental Protection Agency (EPA) proposed to disapprove of California’s Heavy-Duty (HD) Inspection and Maintenance (I/M) Requirements as it applies to out-of-state and out-of-country vehicles.
The rule, which was implemented in 2023 intended to reduce emissions of particulate matter and oxides of nitrogen, mandates roadside emissions screening and periodic emissions testing for non-gasoline heavy-duty vehicles operating in California. The EPA’s proposal would allow California to implement the HD I/M rule for heavy-duty vehicles registered in the state.
The EPA’s disapproval comes after Congress recently revoked California’s vehicle emissions waivers, which included stringent emissions requirements for heavy-duty vehicles, and the federal government’s recent challenges to the state’s Clean Truck Partnership.
“California was not, and has never been, duly elected by the American people to run our great country,” EPA Administrator Lee Zeldin said. “The state’s power grab knows no bounds. EPA will not allow California to violate federal law, and we will not sit idly by while, in the name of climate change, they raise the cost of living on all Americans who rely on truck drivers and the products they deliver across the country.”
The HD I/M requirement is part of California’s State Implementation Plan (SIP) submitted for approval to the EPA. A SIP, as mandated by the Clean Air Act, includes the regulations used by a state or local air district to implement and maintain the National Ambient Air Quality Standards (NAAQS) as required under the Clean Air Act.
The EPA proposes to disapprove of the state’s application of the HD I/M rule to out-of-state trucks “due to concerns that this requirement violates the U.S. Constitution’s Commerce Clause and this inconsistency with Federal law also violates Section 110 of the Clean Air Act.” Additionally, the EPA states that California’s application of the HD I/M rule to foreign vehicles “appears to ignore the fundamental principal that powers related to foreign affairs are solely vested by the Federal government.”
“California’s approach,” according to the EPA, “appears to be part of a larger strategy to drive out affordable trucks and products based on an extreme climate ideology.”
The proposed partial disapproval and partial approval will be open for public comment for 30 days after publication in the Federal Register.