Friday, May 13, 2022

Please Submit Your Opposition to the EPA’s Proposed NOx Legislation

The U.S. Environmental Protection Agency (EPA) has proposed next-generation, low NOx legislation within its Clean Trucks Plan, which seeks to reduce greenhouse gas (GHG) emissions and other harmful air pollutants from heavy-duty trucks through a series of rulemakings to phase in over the next three years. The first rulemaking, to be finalized in 2022, applies to heavy-duty vehicles starting in the model year 2027.

While the truckers certainly want a cleaner environment, better fuel efficiency for trucks, and any other initiative that supports cleaner air and healthier communities for all, the EPA’s rule as currently written presents many issues for trucking businesses.

Earlier this week, Alabama Trucking Association leaders, in conjunction with the American Trucking Associations and other state trucking associations, submitted comments to the EPA stating our opposition to the legislation as written. See our letters below.

  • Read our submitted comments to EPA on the NOx Rule here.
  • Read our submitted comments on NOx de-reates here.

Our current focus is to let the EPA know the trucking industry’s position on speed de-rating. Currently, if a NOx sensor detects low levels of bad quality Diesel Emission Fluid (DEF), truck speeds are reduced to 5 MPH within 4 hours of detecting the NOx fault condition.

These de-rates are occurring with more frequency and are typically false positives due to bad NOx sensors. Our opinion is that a stark reduction of speed to 5 MPH poses ongoing concerns over driver safety and presents potential hazards for all vehicles operating on roadways due to the stark speed differentials being created.

After several meetings with EPA officials, the agency has proposed new changes for the freight sector to instead reduce truck speeds in 5 MPH increments beginning at 65 MPH and ending at 50 MPH at 60 hours of engine operation.

Additionally, we learned that EPA officials told National ATA that the California Air Resources Board (CARB) and other environmental organizations are pushing hard to keep the 5 MPH speed penalty or even require trucks to shut down if a NOx sensor is triggered. They also shared that if the trucking industry is not more vocal, it could lose this beneficial change.

This is where you come in.

We are asking you to submit a one-page comment letter using content from our letters linked above on your firm’s letterhead and enter it into the EPA docket on or before next Monday, May 16, 2022. 

We MUST move quickly. Submitting your comment is easy.  

 Go to the federal rulemaking portal at

Scroll down to “What’s Trending”, Click on “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards”. Then click on the “Comment” button, upload your comments, and then submit.

The docket number for the rule is EPA-HQ-OAR-2019-0055

Feel free to embellish the comment form letter as you wish. We are including the one-page comment letter (the first letter linked above) on the overall rule.

The upshot for trucking is this rule has the potential to be among the most expensive rules in the history of our industry, and your support is greatly needed! Let’s stuff the comment docket and keep our industry safely on track.

America’s economy relies on our drivers to deliver essential items safely and quickly. As always, thanks for your support, and please don’t hesitate to contact us if you have any questions.