Recently, the Massachusetts Department of Environmental Protection (MassDEP) announced the delay of two key regulations that will clean up dangerous air pollution from medium- and heavy-duty trucks. Though the delays are not full rollbacks, they come after heavy industry lobbying, and it’s crucial to defend these important standards at public hearings on Monday, December 9, or in writing by 5:00 pm on Thursday, December 19, 2024. 

Which Regulations? 

Earlier this fall, MassDEP filed emergency regulations (which are effective upon filing) that do two things: 

1. Delay implementation from Model Year (MY) 2025 to MY 2026 of the Heavy-Duty Omnibus (HDO) regulations. HDO sets steadily decreasing emissions limits on particulate matter and nitrogen oxide emissions from on-road heavy-duty engines.
2. Exempt street sweepers and snow-removal vehicles purchased by state and local government for MY 2025 and MY 2026 under the Advanced Clean Trucks (ACT) regulations. ACT requires steadily increasing manufacturer sales of zero-emission vehicles for medium- and heavy-duty vehicles. 

HDO and ACT are key to the Commonwealth’s strategy for reducing carbon emissions in this sector, but they are both key public health interventions as well. Back in 2022, when we issued an action alert to support the adoption of these standards, we wrote about how diesel-powered vehicles are disproportionately responsible for air pollution, how that pollution disproportionately harms communities of color across the Commonwealth, and how, according to an analysis by the Union of Concerned Scientists, the two regulations together “could save at least $753 million and possibly more than $2 billion in health costs by 2050.” That’s all still true. 

So Why The Delays? 

Vehicle manufacturers have been launching a nationwide campaign against HDO and ACT.  Many have been informing their dealers and fleet customers that the regulations will lead to product shortages, even though the regulating entity in California that wrote the standards, the California Air Resources Board (CARB), worked closely with leading manufacturers to build in flexibilities into both regulations to make compliance feasible, as CARB detailed in this memo. To be clear: ACT and HDO place regulations on automakers, and those automakers are choosing to put pressure on their dealers and customers – and through them, on state agencies like MassDEP – rather than using the many flexibilities built into the regulations to comply. (This letter from the governors of nine states, including Governors Maura Healey and Daniel McKee, rightly reminds the members of the Truck and Engine Manufacturers Association of these flexibilities.) In other words, talk of product shortages is a tactic of the industry, not an inevitability of the regulations as written. Automakers could choose a different route. 

In issuing its decision, MassDEP gives the following reasons: 

• For HDO, MassDEP explains that (a) California has yet to receive the official permission it needs from the federal Environmental Protection Agency (EPA) to enforce the regulation, so Massachusetts would be unable to enforce it as well, and that (b) “MassDEP has been informed that there may not be a sufficient supply of engines which comply with the Heavy-duty Omnibus Regulation.”  

• For ACT, MassDEP reports hearing “directly from cities and towns that manufacturers are restricting the sales of diesel vehicles in order to comply with the regulation,” as well as concerns about handling snow emergencies. 

On their face, the explanations are reasonable. We do need the official waiver from the EPA, and there is a lack of vehicles available in the short term specifically for snow removal. However, the national campaign against these regulations will not stop with these relatively small changes – particularly with an incoming administration that’s openly hostile to the ability of California and other states to implement emissions regulations at all. That’s why we need a strong showing in support of ACT and HDO. 

Take Action 

To take action in support of ACT and HDO, you have two options per this notice from MassDEP: speak at a virtual public hearing on December 9 or submit written comments by December 19. 

Attend a virtual public hearing 

1. Register for the virtual public hearing of your choice. 

• Monday, December 9, 2024, at 1:00 PM, register here
• Monday, December 9, 2024, at 5:30 PM, register here  

2. Prepare your script. We recommend the following: 

Hello, my name is ___, and I live in ___, MA.

I urge the Massachusetts Department of Environmental Protection not to delay full implementation of the Heavy-Duty Omnibus and Advanced Clean Trucks regulations any further.

HDO and ACT are crucial to our Commonwealth’s ability to reduce carbon emissions and protect the health of our residents. Both regulations include enough flexibilities for automakers to be able to comply. MassDEP should investigate any claims to the contrary, but further delaying implementation will harm Massachusetts residents.

Thank you for this opportunity to provide comment.

3. When called upon, speak for up to three minutes. And then that’s it, you’re done! 

Submit Written Comments 

1. Create a PDF document entitled “[Your Name] Public Comment 310 CMR 7.40, Low Emission Vehicle Program, HDO & ACT.” In the document, include your address and message (you can use the script above). 

2. Email the PDF to Ngoc Hoang at ngoc.hoang@mass.gov by 5 pm on Thursday, December 19, at 5 pm.