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Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3 rule (2024)

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What is a significant rule?

Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition.


Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3
Agency: Environmental Protection Agency
Action: Final rule
Res. of disapproval status: Introduced
Type: Section 3(f)(1) significant rule
Federal code: 40 CFR Parts 86, 1036, 1037, 1039, 1054, and 1065
Estimated cost:[1] $1.1 billion
Estimated benefit:[1] $13 billion
Policy topics: Environmental regulation

The Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3 rule is a significant rule issued by the Environmental Protection Agency (EPA) designed to go into effect on June 21, 2024, that promulgates new greenhouse gas emissions standards for model year 2032 and later heavy-duty highway vehicles.[2]

The EPA published the final rule on April 22, 2024. On January 22, 2025, a resolution of disapproval under the Congressional Review Act was introduced in the US House of Representatives.

Timeline

The following timeline details key rulemaking activity:

Background

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Under the Clean Air Act, the EPA is required to promulgate establish air pollution emission standards for new motor vehicles or new motor vehicle engines. This rule promulgates new greenhouse gas emissions standards for highway heavy-duty vehicles, based on EPA's determination that "these standards take advantage of projected available and cost-reasonable motor vehicle technologies to set more stringent greenhouse gas emission standards." On January 22, 2025, a resolution of disapproval under the Congressional Review Act was introduced in the US House of Representatives.

Congressional Review Act

See also: Congressional Review Act

Under the CRA, Congress can nullify recent administrative rules if both the House and the Senate pass a joint resolution of disapproval by a simple majority and the President signs it.

Summary of the rule

The following is a summary of the rule from the rule's entry in the Federal Register:[2]

“ EPA also finds that it is appropriate (1) to limit the availability of certain advanced technology credits initially established under the HD GHG Phase 2 rule, and (2) to include additional flexibilities for manufacturers in applying credits from these incentives in the early model years of this Phase 3 program.[5] ”

Summary of provisions

The following is a summary of the provisions from the rule's entry in the Federal Register:[2]

“ The Environmental Protection Agency (EPA) is promulgating new GHG standards for model year (MY) 2032 and later heavy-duty highway vehicles that phase in starting as early MY 2027 for certain vehicle categories. [...] EPA is also adding warranty requirements for batteries and other components of zero-emission vehicles and requiring customer-facing battery state-of-health monitors for plug-in hybrid and battery electric vehicles.[5] ”

Significant impact

See also: Significant regulatory action

Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[2]


The text of the rule states that OMB deemed this rule a section 3(f)1 rule under E.O. 14094:

“ This action is a 'significant regulatory action,' as defined under section 3(f)(1) of Executive Order 12866, as amended by Executive Order 14094.[5] ”

Text of the rule

The full text of the rule is available below:[2]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Note: Estimated costs and estimated benefits here refer to estimated quantitative costs represented by dollar amounts. The estimates are a required part of the rulemaking process and are provided in the rule text. For qualitative costs or benefits, see the summaries of rule purpose and provisions.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Federal Register, Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3, accessed May 8, 2025
  3. ↑ Federal Register, Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3, accessed May 8, 2025
  4. ↑ Congress.gov, "House Joint Resolution 26," accessed April 24, 2025
  5. ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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