EPA To Reconsider Provisions in Controversial "Phase 2" Heavy-Truck Emissions Rules

Late last week, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced that the agency intends to reconsider certain portions of the controversial "Phase 2" rule which aims to limit emissions from heavy trucks while increasing their miles per gallon. Since its inception, NRMCA has remained ardently opposed to the new regulation. During and after the public comment period, NRMCA has continued to communicate to EPA that not only are the costs greater than the benefits, but that any regulation that holds the potential to add weight to ready mixed concrete trucks, such as Phase 2, is a non-starter. As well, the Phase 2 regulation would virtually end the common practice of ready mixed concrete producers revamping their old trucks to work like new, a practice known as using "glider kits." The Phase 2 rule, if allowed to go into effect in full, would add weight to ready mixed concrete trucks in order to be compliant with the new rule; increase the cost of ready mixed concrete trucks and eliminate the use of "glider kits" as a sound, adhered-to business practice.

Administrator Pruitt’s comments, while light on details, noted that EPA would be reconsidering the applicability of Phase 2 for trailers and glider kits. While NRMCA welcomes this development and applauds EPA for moving in the right direction, NRMCA plans to support these efforts while calling for the suspension of the entire rule as EPA conducts its review. The timing for the Phase 2 rule provisions’ review is unknown, however Administrator Pruitt noted that the EPA would be initiating a rulemaking process to review the rule.