Calstart aims to help EPA in lawsuits challenging Phase 3 GHG regs

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Trucking news and briefs for Tuesday, June 18, 2024:

Calstart requesting to intervene in lawsuits challenging EPA’s Phase 3 regs

Calstart, a nonprofit group focused on decarbonizing the transportation sector, has filed a motion to intervene in recent lawsuits challenging the Environmental Protection Agency’s Phase 3 greenhouse gas emissions standards for heavy-duty trucks.

Calstart’s motion to intervene includes three lawsuits challenging the rule -- one from a coalition of 24 states; one from Warren Peterson, president of the Arizona state senate, Ben Toma, Speaker of the Arizona House of Representatives, and the Arizona Trucking Association; and one from the Western States Trucking Association.

WSTA's lawsuit was filed with the Construction Industry Air Quality Coalition on May 23 and was consolidated with the two other cases mentioned above. As with the other cases, WSTA's petition for review asked the court to review EPA's final Phase 3 GHG rule. A "Statement of Issues" filed to the court on May 30 by WSTA and the CIAQC noted that the groups would raise the following issues regarding EPA's rule:

  • Whether carbon dioxide (CO2) is an “air pollutant” within the meaning of 42 U.S.C. § 7602 and other provisions of the Clean Air Act
  • Whether the rule violates the nondelegation doctrine prohibiting agencies from exercising legislative power unlimited by an “intelligible principle”
  • Whether the rule violates the major questions doctrine prohibiting agencies from acting without “clear Congressional authorization”
  • Whether the rule is arbitrary, capricious, or otherwise contrary to law or fact, within the meaning of 5 U.S.C. § 706

The groups also said they may request a stay of the rule “to preserve status or rights pending conclusion of the review proceedings.”

Calstart's request to intervene on behalf of defendants in the case it views as a “continuation of our strong and unwavering support for standards that are mission-critical for the clean transportation industry,” said Calstart President and CEO John Boesel. “We have been vocal in our support for the science-based rulemaking process at each phase -- and today is no exception. With these standards under attack, we are compelled to defend them.”

Boesel added that Calstart believes EPA’s regulations are “a step in the right direction to get us on a path toward 100 percent new zero-emission medium- and heavy-duty vehicle (MHDV) sales by 2040,” a goal in an international memorandum of understanding among 36 countries.

[Related: States challenge latest EPA, CARB truck emissions rules]

Wabash reefers recalled for structural issue

Wabash National Corporation is recalling certain 2024-‘25 RFCVHSC refrigerated van trailers in which the base rails may not be bonded properly and can detach, reducing the structural strength of the trailer.

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According to National Highway Traffic Safety Administration documents, base rails that detach can cause cargo to shift or fall, resulting in a loss of trailer control and increasing the risk of a crash.

Dealers will install an additional attachment plate, free of charge. Owner notification letters are expected to be mailed Aug. 4. Owners can contact Wabash customer service at 1-765-771-5404. NHTSA’s recall number is 24V-410.

Autocar recalling severe-duty units over wheel end issue

Autocar is recalling approximately 1,374 severe-duty models for a potential wheel end issue.

Affected trucks include model year 2023-’24 ACX (Xpeditor) and DC (Legend) models in which the axle lock nut may be improperly secured, allowing the wheel end to separate.

Dealers will inspect and secure or replace the lock nut, free of charge. Owner notification letters are expected to be mailed July 26. Owners can contact Autocar customer service at 1-888-218-3611 with recall numbers ACX-2402 and DC-2405. NHTSA’s recall number is 24V-383.

Tie rod issue prompts small Volvo, Mack recall -- owners advised not to drive

Volvo Trucks North America and Mack Trucks are each recalling a small number of trucks for an issue related to the tie rods.

Volvo’s recall includes three model year 2025 Volvo VN trucks, while Mack’s includes seven model year 2025 Mack Anthem and Pinnacle models.

In the affected units, the tie rod assemblies may contain an improperly heat-treated ball stud that can fail, resulting in a sudden loss of steering control.

Owners are advised not to drive their vehicles until the remedy has been completed. Dealers will inspect and replace the tie rod ends as necessary, free of charge. Owner notification letters are expected to be mailed July 5. Owners can contact Volvo Trucks customer service at 1-800-528-6586 with recall number RVXX2404, and Mack customer service at 1-800-866-1177 with recall number SC0466.

NHTSA’s recall number for the Volvo recall is 24V-423. The Mack recall number is 24V-424.

[Related: Numerous recalls announced across major OEMs]