The California Air Resources Board has notified the California Trucking Association that it "will not take enforcement action" banning new diesel trucks in drayage work, part of the state's Advanced Clean Fleets (ACF) regulations, nor will it de-register model 2007-2009 natural gas drayage trucks as it had intended to.
The delays in enforcement of the ACF are an effort to buy CARB time until they hear back from the Environmental Protection Agency on the status of a waiver request that will allow the state to enforce the rules. The waiver request will likely take months, if not a year, according to the American Trucking Associations.
The move represents a major shift in CARB's stance, and comes after other legal setbacks on collecting fees. CARB, in it's communication to CTA, made clear that the change owes to CTA and CARB's ongoing legal battle over California's Advanced Clean Fleets regulations.
"[O]n November 17, 2023, CARB requested a preemption waiver from the United States Environmental Protection Agency (U.S. EPA), pursuant to 42 U.S.C. § 7543(b)(1)," CARB wrote to CTA.
42 U.S.C. § 7543 prohibits states from adopting or attempting to enforce "any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines," though under that part in section (b)(1), it says states can seek a waiver from the rule.
For now, no such waiver has been granted, and CARB said it won't enforce the standards -- yet.
[Related: California 'not' dreaming: CARB year-end deadlines getting real for truckers]
