EPA blocks California from enforcing truck emissions rule on out-of-state vehicles

The regulation mandates emissions testing and annual fees for trucks operating in California. While the EPA rejected the rule's application to out-of-state vehicles, California will continue to enforce those requirements under state law.

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A red semi truck is shown hauling a tanker trailer on a highway.
A red semi truck is shown hauling a tanker trailer on a highway.
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What you need to know: 

  • EPA partially approves California's HD I/M program for in-state trucks only.
  • Out-of-state and foreign vehicles excluded due to Clean Air Act and Commerce Clause concerns.
  • Clean Truck Check requires emissions testing and maintenance for heavy-duty trucks.
  • CARB continues state enforcement for all trucks operating in California.

The EPA issued a split decision last week on California's Heavy-Duty Inspection and Maintenance (HD I/M) program, allowing enforcement for California-registered trucks while blocking its application to vehicles registered elsewhere.

In a final rule issued on January 27, the EPA concluded that the Golden State could not legally apply its heavy-duty inspection program to trucks solely passing through the state, restricting federal approval to vehicles registered in California.

[Related: US retreats from CAFE rules in big fuel economy policy shift]

"The Trump EPA will never back down from holding California accountable and stopping them from imposing unnecessary regulations on the entire nation. If California had its way, prices would skyrocket for truckers and businesses across America. Affordable trucks are vital for keeping food and goods moving and prices low for families," said EPA Administrator Lee Zeldin. "Americans didn't vote for California's policies to be imposed nationwide. They voted for President Trump's policies that put working families first."

The decision follows California's submission of a revised State Implementation Plan seeking to extend inspection and maintenance requirements to all non-gasoline heavy-duty vehicles over 14,000 pounds operating in the state. 

The EPA determined that applying the rule to out-of-state and foreign-registered vehicles raised legal issues, including potential conflicts with the Commerce Clause and federal authority over foreign affairs, and concluded that California failed to provide the required assurances under the Clean Air Act. As a result, the agency partially disapproved the SIP revision for those vehicles.

[Related: EPA won't delay 2027 NOx rule, but plans 'major changes']

At issue is California's Clean Truck Check program, a heavy-duty inspection and maintenance regulation adopted under state law to ensure proper operation of emissions controls on large trucks. Senate Bill 210 required CARB to establish the program and phase in its implementation beginning in 2023.

Clean Truck Check uses testing and emissions monitoring to find trucks that need repairs and make sure they get fixed. The program applies to large diesel and alternative-fuel vehicles driving on California roads, even if they’re registered in another state. The EPA's partial approval makes only the in-state portion of the rule federally enforceable under the Clean Air Act. The agency added that no federal sanctions will apply because the SIP submission was voluntary.

[Related: OEMs win first round of CARB's Clean Truck lawsuit]

California wasted no time criticizing the EPA's decision.

"Today's announcement is a whole lot of bluster about bean counting," CARB spokesperson Lindsay Buckley said in a statement to the media. "EPA has no authority over this program, and we will continue to enforce the law to ensure that all trucks coming into and operating in California abide by the same rules—even if EPA doesn't want to give us credit."

Jay Traugott has covered the automotive and transportation sector for over a decade and now serves as Senior Editor for Clean Trucking. He holds a drifting license and has driven on some of the world's best race tracks, including the Nurburgring and Spa. He lives near Boulder, Colorado and spends his free time snowboarding and backcountry hiking. He can be reached at [email protected].

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The following survey was sent as a link in an email cover message in February 2023 to the newsletter lists for Overdrive and CCJ. After approximately two weeks, a total of 176 owner-operators under their own authority, 113 owner-operators leased or assigned to a carrier and 82 fleet executives and 36 fleet employees from fleets with 10 or more power units had completed and submitted the questionnaire for a total of 407 qualified responses. Cross-tabulations based on respondent type are provided for each question when applicable.
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