Last week, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to disapprove of California’s Heavy-Duty (HD) Inspection and Maintenance (I/M) Requirements as it applies to out-of-state and out-of-country vehicles. The HD I/M requirement in the State Implementation Plan (SIP) submitted by California establishes an I/M program for any heavy-duty vehicle driven in the state—regardless of registration. EPA is proposing to deny these actions due to concerns that this requirement violates the U.S. Constitution’s Commerce Clause and this inconsistency with Federal law also violates Section 110 of the Clean Air Act.
EPA’s proposed partial disapproval, and partial approval will be open for public comment for 30 days after publication in the Federal Register, and EPA will consider all comments submitted before taking final action on the proposal.
For more information, contact RCRC Senior Policy Advocate Staci Heaton.