Oregon regulators will propose delaying more strict emissions standards for new heavy-duty vehicles until 2026, the state says, because there aren't enough new trucks to meet the standards.
"The current lack of compliance-based diesel engines means diesel truck manufacturers can't make any vehicles available for sale," says DEQ spokesperson Susan Mills.
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The rule was supposed to launch in January. It required new diesel trucks, buses and vans to produce lower amounts of nitrogen oxide and fine particulate matter. The first phase asked for a 75% cut in nitrogen oxides and 50% cut in particulate pollution from 2023 standards. The second phase, in 2027, would require a 90% reduction in nitrogen oxides from the 2023 standard.
According to a statement from Oregon's DEQ, the agency will propose temporary rules during the November Environmental Quality Commission meeting to adopt amendments California's Air Resources Board (CARB) is expected to make to its Advanced Clean Truck regulations. These changes will likely include an increase to the deficit makeup period from one model year to three model years, compliance based on reported sales of delivered vehicles and other changes.
The Heavy-Duty Engine and Vehicle Omnibus regulations would be delayed until 2026 because of a shortage of compliant engines, manufacturers' limited use of compliance flexibilities such as credit purchases and emission offsets, and restrictions on ordering for dealers. California's third major trucking regulation remains in limbo and is being fought by the industry.
Temporary rules, the agency says, are in effect for 180 days from the date the rule goes into affect. DEQ plans to propose permanent rules prior to the expiration of any adopted temporary rules.
Oregon is one of a smattering of states that adopted similar rules to California. Others include Colorado, Maryland, Massachusetts, New Mexico, New Jersey, New York, Rhode Island, Vermont and Washington.
Craig Segall is senior vice president for Evergreen Action, a Seattle-based climate advocacy group. He was deputy executive officer of the CARB while the board was developing the emissions rules.
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"The Oregon agency is in a tough spot," he told Oregon Live. "The state can't enforce the rule if there are no trucks available."
In a September memo, CARB examined the equipment shortage. In that memo, CARB says its staff believes this year's product availability pinch is caused by a limited supply of engines from a specific manufacturer, dominant in the sector.
"What we're broadly seeing is a lot of market power choices by the truck industry to basically either refuse to sell or limit the sale of cleaner trucks that would comply with the new rule in Oregon," Segall says.
The memo said in Feburary 2023, CARB became aware "some manufacturers did not intend to produce compliant engines for several categories of trucks for the 2024-2026 MY period." In December of that year, CARB amended the legacy engine the Omnibus regulation to increase legacy engine allowances.
Segall says manufacturers probably are trying to avoid investing in expensive emission reduction technologies before federal clean truck rules in 2027. He worries Oregon's delay could mushroom into other states rolling back regulations.
"The bigger the market for clean trucks, the faster they get cheaper and the faster the national fleet gets cleaner," Segall told Oregon Live.