CARB to Hold Off on Enforcement of 2024 Regulation

The California Air Resources Board (CARB) continues to be the star of the news within the trucking industry, as it has sent a letter to the California Trucking Association (CTA) that it will not be pursuing enforcement of the Advanced Clean Fleets Regulation until the Environmental Protection Agency rules on its validity.

Details

The Advanced Clean Fleets Regulation was put into motion in the past by CARB. It had numerous requirements for fleets that had a vehicle operating in California and either:

• Made $50 million in gross annual revenue OR
• Own 50 or more vehicles.

The most immediate requirement that was going to take place on January 1st, 2024 was the implementation of a database providing information on all trucks, including mileage and age of its components, so that CARB could determine the useful life of the vehicle remove them as invalid vehicles should they become too old.

Other regulations included requiring at least 10% of the trucks in these large fleets to be zero emission by 2030, ramping up to 100% in 2042 when it will be illegal to operate a diesel vehicle within the Golden State’s borders.

CARB says that it is waiting for the EPA to either grant a preemption waiver applicable to those regulatory provisions or determine a waiver is not necessary. Presumably, this is CARB making sure that it would not have to rewind the clock if the EPA rules against it, which would create a plethora of more paperwork for everyone involved. It is much easier to get the toothpaste out of the tube than back into it.

Conclusion

It is possible that this decision by CARB to hold back on enforcement for the Advanced Clean Fleets Regulation was influenced by the ruling against charging for transportation refrigeration units, for which CARB likely had to provide refunds for those who paid into the fee that was deemed unconstitutional.

CARB, however, has said that larger fleets operating in California cannot be merely complacent just because the requirements have been shelved for an unspecified period, as they will start enforcing the Advanced Clean Fleets Regulation the same day the EPA rules in CARB’s favor, should that happen.

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