California's Attempt at Climate Change Regulation

The California Global Warming Solutions Act of 2006 required the California Air Resources Board (CARB) to adopt rules and regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. After a lengthy rule making process, CARB adopted the Heavy-Duty Vehicle Greenhouse Gas Reduction Measure (GHG Measure) to achieve its lofty goal. Below is a brief summary of the regulation's requirements.

The GHG Measure applies to owners and operators, motor carriers, California-based brokers, and California-based shippers that use heavy duty tractors pulling 53 foot or longer box-type trailers. There are also disclosure requirements applicable to California residents selling heavy duty tractors or 53 foot or longer box-type trailers notifying the purchaser of the GHG Measure’s potential applicability.

There are two compliance deadlines applicable to tractor owners and operators. First, by January 1, 2010, all 2011 model year (MY) and newer tractors that pull regulated trailers must be either EPA SmartWay certified or be using EPA SmartWay certified low-rolling resistance tires. Second, by January 1, 2012, all pre-2011 MY tractors that pull regulated trailers must be using EPA SmartWay certified low-rolling resistance tires.

Trailer owners have more compliance options than their tractor-owning counterparts. Beginning on January 1, 2010, all 2011 and subsequent MY trailers must be either EPA SmartWay certified or equipped with low-rolling resistance tires and combinations of aerodynamic technologies that achieve a certain level of fuel savings depending on the type of trailer. Used trailers manufactured prior to 2010 must be either EPA SmartWay certified, or be equipped with certain combinations of low-rolling resistance tires and aerodynamic devices by either January 1, 2013, or in accordance with the deadlines set forth in one of several optional compliance schedules.