Legislative Bulletin - November 4, 2009

CARB Issues Final Heavy Duty Vehicle GHG Rule

The California Air Resources Board (CARB) has issued a final rule to amend the heavy duty vehicle greenhouse gas emissions regulations, also known as the California SmartWay mandate. TRALA submitted comments to CARB on October 2, 2009 addressing the truck renting and leasing industry’s point of view on the proposed regulations. CARB sent the final rulemaking package to California’s Office of Administrative Law (OAL) on October 23, 2009, which included a final statement of reasons that specifically acknowledged TRALA’s comments and featured CARB responses to them.

TRALA’s comments to CARB about the proposed regulations addressed the modification to the definition of “owner” in the regulation, and that CARB-dictated language is required in rental and lease contracts in order for lessors to avoid liability for non-compliance by lessees. TRALA argued that it should be up to lessors and lessees to determine the most efficient and effective allocation of compliance responsibilities through contractual language tailored to fit each specific situation. In the final statement of reasons, CARB responds to this point but disagrees by saying the dictated language is suitable for all situations, including instances where lessors are unaware of where lessees may be operating their vehicles. CARB says it is not a burdensome and unnecessary requirement to require lessors to insert this language into lease contracts. If California’s OAL approves this final rule, lessors will have to include the language in contracts in order to avoid any potential liability for lessee’s operating truck tractors and trailers in California. To see a copy of the final statement of reasons that CARB included in the final rulemaking package, please click here.

The original heavy duty vehicle greenhouse gas emissions reduction regulation was adopted by CARB in December 2008 to try to reduce greenhouse gas emissions and improve fuel efficiency for heavy duty diesel powered vehicles. The rule will become effective January 1, 2010 and will require truck tractors and trailers to be U.S. Environmental Protection Agency (EPA) SmartWay certified, or retrofit tractors and trailers using SmartWay certified technology. It will apply to most model year 2011 53-foot or longer trailers and the truck tractors pulling them, and both will be required to use SmartWay certified low rolling resistance tires. Applicable trailers will also be required to have SmartWay certified aerodynamic technologies present in order to operate in California.

The California OAL will have until December 9, 2009 to make a determination on CARB’s final rulemaking package. To see a copy of the final rule, please click here. For more information about California’s heavy duty vehicle green house gas emissions rule, please contact TRALA’s Tom James at tjames@trala.org or (703) 299-9120.