“While we are disappointed that the U.S. EPA was unable to act on all the requests in time, the withdrawal is an important step, given the uncertainty presented by the incoming Administration that previously attacked California’s programs to protect public health and the climate and has said will continue to oppose those programs,” California Air Resources Board (CARB) Chair Liane M. Randolph said in a statement issued to Railway Age on Jan. 14. “CARB is assessing its option to continue its progress as part of its commitment to move forward the important work of improving the state’s air quality and reducing harmful pollutants that contribute to poor health outcomes and worsen climate change. The waivers and authorizations recently approved [including, in part, the Commercial Harbor Craft Rule], along with other existing programs, will advance essential emissions reductions in key sectors as we assess next steps. It’s clear that the public health, air quality and climate challenges that California faces require urgent action. We are ready and committed to continuing the important work of building a clean air future.”
The In-Use Locomotive Regulation that had been up for EPA review would have banned any locomotive that is 23 years or older from operating in California starting in 2030 and required that new locomotives only operate in the state if they are “zero-emissions locomotives,” beginning in 2030 for switcher, industrial and passenger locomotives and 2035 for line haul locomotives.
Rail industry groups, including the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA), oppose the regulation, which was finalized in 2023, and called on the EPA to reject CARB’s authorization request to implement it. The Surface Transportation Board (STB) also filed comments to explain its jurisdiction over interstate rail transportation and “how the broad preemption provision in the Interstate Commerce Act (as amended), 49 U.S.C. § 10501(b), could impact the EPA’s decision.”
In a lawsuit against CARB filed on behalf of their members in the Eastern District of California, AAR and ASLRRA challenged the CARB rule, which they said “would limit the useful life of today’s locomotive fleet (more than 25,000 locomotives) and mandate their premature replacement with zero-emissions locomotives.” They argued that CARB “lacks the legal authority to enact the locomotive rule because only the federal government has authority to regulate rail operations.”
In September 2024, the U.S. District Court for the Eastern District of California issued an order in that case, staying the litigation pending the EPA’s decision regarding CARB’s request. One month later, CARB issued an Enforcement Notice concerning its In-Use Locomotive Regulation. Because the EPA’s ruling on CARB’s request had not been made at that time, CARB announced it would delay data collection requirements that were set to begin on Jan. 1, 2025.
AAR Responds
“Railroads are pleased that the California Air Resources Board has withdrawn its authorization request for the ill-conceived in-use locomotive rule,” AAR said in a Jan. 14 statement to Railway Age. “As we move past this untenable proposal, railroads look forward to advancing their already strong sustainability profile and further reducing emissions in the years to come.”
Further Reading:
- Report: Railroads’ Lawsuit Against CARB Stayed
- Stop CARB Act Debuts in Congress
- Rail Emissions Regulation on Wrong Track
- A CARB By Any Other Name
- Subcommittee Examines CARB’s In-Use Locomotive Regulation
- CARB Rule Discussed at Investigations and Oversight Subcommittee Hearing
- CARB’s Unattainable Rail Mandate
- BIG Reason to Blow Up CARB’s Unrealistic ‘In-Use Locomotive Rule’
- Industry Groups Urge EPA to Deny CARB Rule
- ATWG: EPA Should Deny ‘Dangerous’ CARB Rule
- ASLRRA: More Comments on CARB ‘Unworkable’ Regs
