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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted:	December 1, 2021 05:02 PM
From:	Senator Gene Yaw and Sen. Wayne Langerholc, Jr., Sen. Mike Regan
To:	All Senate members
Subject:	California Air Resources Board (CARB) Emission Standards

In the near future, we plan on introducing legislation that would address the issue of new California Air Resources Board (CARB) 2022 Engine Requirements for diesel emissions and warranty periods in Pennsylvania. Since 2002, the Pennsylvania Department of Environmental Protection’s (DEP) Heavy-Duty Diesel Emissions Control Program has required heavy-duty highway diesel engines sold in the Commonwealth to have CARB certification.   DEP announced that beginning November 8, 2021, it has suspended enforcement of this requirement under 25 Pa. Code Chapter 126, Subchapter E (relating to Pennsylvania heavy-duty diesel emissions control program) and will re-evaluate this suspension of enforcement no later than July 31, 2023.  DEP will determine if the program is needed to assist the Commonwealth in attainment and maintenance of the National Ambient Air Quality Standards in areas of this Commonwealth and the Ozone Transport Region.  Even though DEP has delayed the implementation, we still have serious concerns with the potential for continuing to tie Pennsylvania’s certification to California’s standards.    Therefore, our legislation will amend the state's Air Pollution Control Act of 1959 to put an end to the CARB requirement and eliminate the unpredictability of what is to come in July 2023.   If DEP reinstates the program no later than 2023 and implements the CARB 2022 requirements, the primary consequence would be that many individuals and businesses wishing to purchase a new heavy-duty diesel engine vehicle will leave Pennsylvania and go to one of our neighboring states that have not adopted California’s standards.   With the increased demand to purchase diesel vehicles to transport people and goods in our Commonwealth, it is imperative that we take action now to protect industries that are integral to our economy and provide high-paying jobs – including the trucking and school bus industries.  Ending this requirement will protect individuals and businesses from having to pay thousands of dollars more to purchase, register, or title new vehicles in Pennsylvania simply because California adopted a warranty provision as part of their new requirements, which does nothing to protect the environment.   We hope that you will join us in co-sponsoring this important piece of legislation.

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