CTA/Lawson Lawsuit: 2014 Truck & Bus Regulation Amendments Affected

In 2014, to void the flexibility options provided in the 2014 amendments to the Truck and Bus regulation (regulation), John R. Lawson Rock and Oil of Fresno (Lawson) and the California Trucking Association (CTA) sued the California Air Resources Board (CARB) in Fresno County Superior Court.

In 2016, that court ruled in favor of Lawson and CTA, ordering CARB to set aside the regulation’s 2014 amendments. CARB appealed that decision to the 5th District Court of Appeals.

On January 31, 2018, the appellate court issued its decision upholding the lower court’s ruling.

If vehicles in your fleet are using one or more of the voided flexibility options that CARB added or amended in 2014, you will be affected by the court’s decision.

If at the end of the 2018 calendar year your vehicle(s) are not in compliance with the selected option after the ruling becomes effective you must replace, repower, or retrofit the vehicle(s) per the Engine Model Year Schedule of the regulation.

The regulation provides a manufacturer delay extension that relieves the owner from immediate compliance with applicable upgrade requirements if the retrofit PM filter or the engine/vehicle originally equipped with a PM filter is purchased at least four months prior to the initial compliance deadline and has not been received due to a manufacturer delay. To receive the extension, you must report to CARB in January that there is a manufacturer delay.

Alternatively, if your vehicle(s) still comply with the selected option after the ruling becomes effective, then you may claim flexibility options your vehicle(s) are eligible to use in 2019. We will continue to work with fleets to optimize their compliance path.

To report upgrades or vehicle replacements and access the User Guide for reporting online, go to https://ssl.arb.ca.gov/ssltrucrstb/trucrs_reporting/login.php. If you have any questions about your compliance options, please e-mail 8666diesel@arb.ca.gov or call (866) 6DIESEL (634 3735).

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Source: https://www.arb.ca.gov/msprog/truckstop/azregs/flexoptions.htm