Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Amid reports that the Environmental Protection Agency (EPA) is considering partially or fully denying California’s waiver requests under the Clean Air Act for the state’s ambitious heavy-duty truck regulations, U.S. Senators Alex Padilla and Dianne Feinstein (both D-Calif.), along with Representatives Mark DeSaulnier (D-Calif.-11), and Nanette Diaz Barragán (D-Calif.-44) today led a group of their colleagues from the California congressional delegation in a letter to EPA Administrator Michael Regan, urging the EPA to expeditiously grant the unconditional approval of California’s waiver requests. Denial of the waivers would be unprecedented under a Democratic administration and would allow heavy-duty trucks, which contribute approximately one third of total statewide nitrogen oxide (NOx) emissions, to continue polluting California’s air.

In the letter, the California delegation outlines how California’s truck regulations are designed to significantly reduce emissions from heavy-duty vehicles while highlighting that any delay in implementing these regulations would devastate access to clean air for communities of color across the state. The letter also outlines the steps manufacturers have already taken to bring California-compliant engines and vehicles to market, and how a denial of the full waiver would disrupt these manufacturers’ plans and investments to date.

“As Californians continue to face the devastating impacts of the climate crisis, toxic air pollution, severe wildfire events, and an exacerbating drought, we write to ensure that the Environmental Protection Agency (EPA) follows section 209(b) of the Clean Air Act and expeditiously grants California full and unconditional waivers for California’s Heavy-Duty Omnibus Low NOx Regulation, Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions, and Heavy-Duty vehicle Zero-Emission rules,” the lawmakers wrote. “Heavy-duty trucks are a significant source of California’s air pollution challenges, contributing approximately one third of total statewide nitrogen oxide (NOx) emissions and approximately one quarter of diesel particulate matter emissions. These impacts fall disproportionately on low-income communities and people of color due to their proximity to heavy vehicle traffic and trucking corridors. In fact, recent studies show that diesel traffic is the largest source of NOx disparity by race in the United States.”

Senators Padilla and Feinstein are taking action to address the existential threat of the climate crisis. They have continuously advocated to strengthen transportation emissions standards, including successfully pushing the Biden administration to set national clean car standards modeled on the “California Framework Agreement” and to revise the NOx emission standards for on-highway heavy-duty trucks, which the EPA has proposed to do.

Full text of the letter available here and below:

Dear Administrator Regan:

As Californians continue to face the devastating impacts of the climate crisis, toxic air pollution, severe wildfire events, and an exacerbating drought, we write to ensure that the Environmental Protection Agency (EPA) follows section 209(b) of the Clean Air Act and expeditiously grants California full and unconditional waivers for California’s Heavy-Duty Omnibus Low NOx Regulation, Heavy-Duty Vehicle and Engine Emission Warranty and Maintenance Provisions, and Heavy-Duty vehicle Zero-Emission rules.

Heavy-duty trucks are a significant source of California’s air pollution challenges, contributing approximately one third of total statewide nitrogen oxide (NOx) emissions and approximately one quarter of diesel particulate matter emissions. These impacts fall disproportionately on low-income communities and people of color due to their proximity to heavy vehicle traffic and trucking corridors. In fact, recent studies show that diesel traffic is the largest source of NOx disparity by race in the United States.

California’s truck regulations under consideration by EPA for waivers are designed to significantly reduce emissions from heavy-duty vehicles both in the near- and the long-term. EPA’ s unconditional approval of the waivers represent one of the Biden-Harris Administration’s greatest opportunities to address both the climate crisis and environmental injustice. Delaying the implementation of these regulations – even by 2 years as some industry representatives have advocated for- would result in NOx emission increases of 39,000 tons relative to full implementation, resulting in an estimated 480 more premature deaths and 390 more hospitalizations in California.

Manufacturers have already committed to bringing California-compliant engines and vehicles to market in 2024. Both traditional truck manufacturers and dedicated zero-emission-only truck manufacturers are offering over 100 models of zero-emission vehicles – from heavy pickups and vans to Class 8 tractors – with more models and types of powertrains announced for introduction between now and 2024. The technical feasibility of the regulations is not in question, and California’s proposed truck rules would provide manufacturers with sufficient lead time to develop and apply the technology needed to meet the new standards. A denial of the full waiver or revocation of standards would disrupt these manufacturers’ plans and would also have negative impacts on manufacturers that have invested significant resources to comply with California’s standards.

Congress established the Clean Air Act waiver provision to provide the State of California with the authority to develop and implement its own motor vehicle emissions control program to respond to the compelling and extraordinary air quality conditions affecting California’s residents. This is particularly true for those residents living and working in disadvantaged communities that are disproportionally impacted by truck emissions. The waiver provision also allows California to innovate advanced solutions to addressing vehicular sources of air pollution. EPA has previously issued California waivers impacting the heavy-duty sector without delaying implementation on numerous occasions: California’s 1995 Amendments to its Urban Bus and the 1998 NOx standard for heavy-duty engines (waiver issued -Duty October On-Board 6, 2004), the Diagnostics Heavy-Duty regulations Clean (waivers Idle issued regulation on (waiver issued December on 10, February 2012, 16, and 2012), November and the 7, Heavy2016).

Therefore, we expect that EPA will continue to follow federal that law and support California’s efforts to protect the public health of our communities and the five other states that have adopted California heavy-duty standards, as well as other states that are considering such adoption.

Sincerely,

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