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Final GHG rules announced

Aug. 16, 2016

The much-anticipated Phase 2 final rules for commercial trucks and trailers were announced August 16.
For the first time, a set of CO2 emission and fuel consumption standards for manufacturers of new trailers will take effect over a period of nine years, according to a pre-publication version the final rules.  The joint rulemaking has been signed by Secretary of Transportation Anthony Foxx and the EPA Administrator Gina McCarthy.  The rules will become law 60 days after publication in The Federal Register.  
Rationale for applying the rules to trailers is that regulators consider trailers to be an integral part of the tractor-trailer vehicle.
Here are some of the key provisions of the final rule, which will consume 1,690 pages in The Federal Register:
• Phase 2 will affect companies that manufacture, sell, or import into the United States medium- and heavy-duty vehicles, including trailers, buses, and work trucks.  The final standards will phase in gradually, beginning in the 2018 model year. New regulated trailers built on or after January 1, 2018 need to be certified to the new CO2 emissions standards. NHTSA fuel consumption standards are voluntary until MY 2021.
• Trailer manufacturers disagreed on the wisdom of implementing a “corporate average fuel economy” (CAFÉ) system on trailers.  The final rule reflects that disagreement.
“In order to balance the advantage of an averaging program in allowing for introduction of the most reasonably stringent standards for trailers with the concerns articulated by manufacturers, the final program accordingly limits the option for trailer manufacturers to apply averaging exclusively to MYs 2027 and later for full-aero box vans only,” the final rule states.  “We believe this delay provides box van manufacturers sufficient time to develop, evaluate and market new technologies and to become familiar with the compliance process and possible benefits of averaging. This will also allow customers to become more familiar with the technologies and to recognize their benefits.”
• At varying levels of stringency, the standard will apply to two types of vans—those that can be fully equipped with aerodynamic devices and those with work-producing equipment such as liftgates that restrict the full use of aerodynamic devices.  It also will apply to “non-box van” trailers, including tanks, platforms, and container chassis. These will be required to use low rolling resistance tires, along with tire inflation systems, but will not be required to have aerodynamic devices.
• Excluded trailers include:
   ◦ All trailers with four or more axles.
   ◦ Trailers less than 35 feet long with three axles. 
   ◦ Trailers with an axle spread of at least 120 inches between adjacent axle centerlines. The axle spread exclusion does not apply to trailers with adjustable axles that have the ability to be spaced less than 120 inches apart.
   ◦ Miscellaneous trailers such as mobile homes and trailers intended for temporary or permanent residence, office space, or other work space, and carnival trailers.
“However, where the criteria for exclusion identified above may be unclear for specific trailer models, manufacturers are encouraged to ask the agencies to make a determination before production begins,” the final rule warns.

To read the rule click here.  For further information, contact Tad Wysor with EPA [email protected] or Ryan Hagen with NHTSA [email protected].