Compliance Obstacles to California's Heavy Duty Vehicle Greenhouse Gas Regulation

Although well intentioned, the hastiness with which CARB drafted and implemented the Heavy-Duty Vehicle Greenhouse Gas Measure (GHG Measure) is likely to result in confusion within the regulatory community as to how to comply with its requirements.

One way trailer owners and operators can comply with the GHG Measure is to ensure that a trailer is EPA SmartWay certified. The problem is that the EPA SmartWay program is voluntary. Changes to voluntary programs can occur on a whim, without the requisite notice inherent to the rulemaking process. As such, changes to EPA SmartWay certification requirements could impact a business’s compliance status.

Another problem is that there are different certification standards for a voluntary program as opposed to a mandatory regulation. For example, the voluntary EPA SmartWay program only tests the fuel saving benefits of its approved aerodynamic devices. However, compliance options for a mandatory regulation often have to meet broader criteria so the regulated community will have confidence in the required technology’s safety, effectiveness, durability, maintenance costs, and its ability to withstand the rigors of use.

CARB repeatedly cites fuel savings as eventually allowing the regulated community to recoup its investment in the required aerodynamic devices. However, test data shows the benefit relied upon to justify the adoption of the GHG Measure, the fuel savings to owners and operators, materialize at speeds equal to or greater than 65 miles per hour.

The state’s fuel savings justification is problematic. The California Motor Vehicle Code prohibits a person from driving a truck tractor having three or more axles in excess of 55 miles per hour on a highway. As such, in order to realize the fuel savings promised by CARB, and to recoup the investment required by the GHG Measure, the regulated community would need to consistently violate applicable law.

Even if owners and operators did not obey speed laws, it is unlikely they could realize CARB’s claimed fuel efficiency gains. California Department of Transportation (CalTrans) data shows the average speed for tank and trailer combinations on the I-5 corridor, the busiest in California, is less than 60 miles per hour, with a median speed of 55 miles per hour. Therefore, even if the regulated community operates their vehicles outside the confines of the law, real world conditions may prohibit them from recouping the investment they are required to make under the GHG Measure.