This week, EPA Director Zeldin announced that the EPA would be rescinding the Greenhouse Gas Endangerment Finding. The Endangerment Finding states that certain gasses in the atmosphere pose an eminent risk to public health (carbon dioxide, methane, nitrous oxide, PFCs, HFCs, etc).
The finding that these gasses are detrimental to health and the environment is what gives the EPA the legal authority to impose regulations on greenhouse gas emissions, including regulating vehicle and engine emissions, as they are a contributing factor to the accumulation of these gasses in the atmosphere.
So what does rescinding the rule mean?
If the Endangerment Finding is rescinded, it would remove the legal authority under which the EPA imposes regulations on greenhouse gas emissions. Perhaps more importantly, it would render existing regulations null and void, as once the authority is gone, there cannot be enforcement. In practical terms, this means the immediate dissolution of the so called “Green New Deal” provisions pertaining to engine emissions and electric vehicles. (Refresher on those items from the Inflation Reduction Act here: Inflation Reduction Act - Relevant Industry Item Snapshot )
In terms of currently pending issues, rescinding the Endangerment Finding would likely be the final nail in the coffin on the ACT and Heavy Duty Electrification battle, but we will have to wait on specifics, and see if States are able to claim any sort of exemption going forward. The suit by Massachusetts and other States is still pending from the last EPA reversal of CARB policy.
Beyond preventing new regulations from being imposed, the EPA regulations on light and heavy duty vehicles that began in 2010 would no longer be in effect. That’s right – we are talking about reversing EPA emissions policy going all the way back to the rollout of SCR trucks and DEF in 2010 model year trucks. (Remember this? This Ain't Your Grandpa's Diesel Truck - SCR, DEF & Clean Emissions)
This is obviously a brand new announcement and a complete pivot from the Decarbonization Agenda highlighted in the previous Administration (Biden Admin Releases US Blueprint for Transportation Decarbonization), and the announcement did not include details on any type of timeline or specific directives for impacted industries, so as is always the case, we are keeping a close eye on how this develops and will let you know of any trucking and fuel related impacts coming down the pipeline.