NACAA testified at EPA’s virtual public hearing on three requests from the California Air Resources Board (CARB) for waivers of preemption under Section 209(b) of the Clean Air Act for five CARB rules related to the control of emissions from heavy-duty vehicles: 1) CARB’s October 22, 2021, Request for Waiver Action Pursuant to Clean Air Act (CAA) Section 209(b) for 2018 Amendments to the California Emissions Warranty and Maintenance Provisions for 2022 and Subsequent Model Year On-Road Heavy-Duty Diesel Engines and Heavy-Duty Diesel Vehicles With Gross Vehicle Weight Ratings Exceeding 14,000 Pounds (Docket No. EPA-HQ-OAR-2022- 0330); 2) CARB’s December 20, 2021, Request for Waiver Action Pursuant to Clean Air Act Section 209(b) for California’s Advanced Clean Trucks, Zero Emission Airport Shuttle and Zero-Emission Powertrain Certification Regulations(Docket No. EPA-HQ-OAR-2022-0331); and 3) CARB’s January 31, 2022, Request for Waiver and Authorization Action Pursuant to Clean Air Act Section 209(b) for California’s “Omnibus” Low NOx Regulation (Docket No. EPA-HQ-OAR-2022- 0332). Erik White (Placer County, CA), Co-Chair of the NACAA Mobile Sources and Fuels Committee, testified on behalf of NACAA on the first hearing panel of the day, offering support for full and prompt approval by EPA of CARB’s three waiver requests and otherwise focusing on CARB’s Omnibus Low NOx Regulation (Omnibus), including NACAA’s support for the proposed Omnibus; NACAA’s long-standing positions in strong support of California’s authorities under CAA Section 209 (and EPA approval of waiver requests by California) and other states’ authorities under Section 177 – priority positions that were recently re-emphasized in NACAA’s January 15, 2021 transition paper and recommendations for the Biden-Harris Administration; and the urgent need for substantial NOx reductions from heavy-duty trucks in California and nationwide. EPA published Federal Register notices announcing these waiver requests, the public hearing and an August 2, 2022, comment deadline on June 13, 2022 (87 Fed. Reg. 35,760, 35,765 and 35,768).
