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CARB Advanced Clean Fleets Rules Update

The California Air Resources Board’s (CARB) Advanced Clean Fleets (ACF) regulations have a number of requirements subject to either a January 1, 2024, deadline (a prohibition on adding new drayage trucks to a California fleet that are not zero-emission vehicles (ZEVs)) or a February 1, 2024, deadline (the reporting requirement for fleets under the ACF-High Priority regulations). Because CARB has sought a waiver from the U.S. Environmental Protection Agency (EPA) to enforce the ACF regulations, CARB will not enforce the deadlines until EPA either grants a waiver or determines a waiver is unnecessary. CARB has reserved the right to require removal from a carrier’s California fleet any truck improperly added to the fleet after the applicable deadline if EPA grants a waiver (or deems a waiver unnecessary). The California Trucking Association has challenged CARB’s authority to promulgate the ACF regulations, so whether the  regulations ultimately become enforceable remains unclear.

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News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

CARB Advanced Clean Fleets Rules Update

The California Air Resources Board’s (CARB) Advanced Clean Fleets (ACF) regulations have a number of requirements subject to either a January 1, 2024, deadline (a prohibition on adding new drayage trucks to a California fleet that are not zero-emission vehicles (ZEVs)) or a February 1, 2024, deadline (the reporting requirement for fleets under the ACF-High Priority regulations). Because CARB has sought a waiver from the U.S. Environmental Protection Agency (EPA) to enforce the ACF regulations, CARB will not enforce the deadlines until EPA either grants a waiver or determines a waiver is unnecessary. CARB has reserved the right to require removal from a carrier’s California fleet any truck improperly added to the fleet after the applicable deadline if EPA grants a waiver (or deems a waiver unnecessary). The California Trucking Association has challenged CARB’s authority to promulgate the ACF regulations, so whether the  regulations ultimately become enforceable remains unclear.

News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.