Greenhouse Gas Emissions Phase II Put On Hold After Court Ruling

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You can read the EPA’s statement regarding Phase 2 review here.
Lots of information regarding the Greenhouse Gas Emissions regulations here.

The new year has begun without the implementation of EPA regulation of trailers, that had been slated to begin Jan 1st.

In October last year, the Federal Court of Appeals for the District of Columbia granted a stay over the trailer provisions of the Phase 2 Greenhouse Gas Emissions and Fuel Efficiency Standards (GHG), drawn up by the EPA and the National Highway Traffic Safety Administration. Were the provisions to take effect, it would mark the first EPA regulation of trailers.

The stay was requested by the Truck Trailer Manufacturers’ Association in September, who petitioned that the EPA does not have authority to regulate trailers under the Clean Air Act, arguing that because trailers are not self-propelled, they do not qualify as motor vehicles subject to EPA’s rules.

The TTMA claims that the impending Phase 2 GHG mandates were disrupting the normal trailer-ordering process – frustrating customers and manufacturers alike – and that trailer makers would suffer “irreparable harm” unless the Jan 1st deadline was put on hold.

The EPA signalled their willingness to reach an accord, by announcing last August that they would review provisions in Phase 2 GHG after concerns raised by the trailer and glider industries. However at that time, the January 1 2018 start date was still in place.

Speaking then, EPA Administrator Scott Pruitt stated “In light of the significant issues raised… We intend to initiate a rulemaking process that incorporates the latest technical data and is wholly consistent with our authority under the Clean Air Act.”

The Court’s decision to grant the stay has been criticized by the Environmental Defense Fund and the Union of Concerned Scientists.

There is thus far no timeline from the Court or the EPA for completing the rules review process.