US EPA/NHTSA delay Phase 2 GHG rule for heavy-duty trucks

8 March 2016

The US Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued a Notice of data availability (NODA), announcing that new information has been made available pertaining to the proposed Phase 2 heavy-duty greenhouse gas (GHG) and fuel efficiency rulemaking. The agencies have requested comments on the new information, which are due by April 1, 2016. This additional 30-days comments period means that the Phase 2 rulemaking—which was expected to be finalized in the Spring—will be delayed at least until late Summer.

The EPA/NHTSA are soliciting comments on a number of issues, including:

• Data related to the potential stringency of the standards—additional powertrain data and aerodynamic test data; supplemental test data relating to drive cycles for vocational vehicles; and cycle average mapping data.
• Certain revised test reports, and a revised version of the greenhouse gas emission model (GEM) used in developing of the proposed standards and in demonstrating compliance with those standards.
• Memoranda relating to applicability and implementation of the standard. These memoranda address potential requirements for selective enforcement audits and confirmatory testing related to GHG emissions, and applicability of emission standards and certification responsibilities for trailers, glider vehicles, and glider kits.
• A late comment submitted by the Specialty Equipment Market Association (SEMA) related to light-duty motor vehicles used for racing.

This delay in the rulemaking process could potentially allow blocking the Phase 2 GHG rule—in case a Republican-controlled Congress and a Republican president are elected in November. Even if adopted and signed by president Obama, the rule could be blocked under the authority of the Congressional Review Act (CRA), which provides lawmakers with 60 legislative days after a rule is promulgated to stop it.

The vehicle and engine industry has generally supported the Phase 2 GHG standards, at least at the stringency level and implementation schedule that were proposed by the EPA/NHTSA. On the other hand, the California ARB as well as several environmental groups have argued that the proposed Phase 2 standards should be strengthened, making a wider use of efficiency technologies developed under the SuperTruck program, and that the proposed 2027 implementation date should be moved ahead to 2024.

Source: US EPA