On October 2, 2020, the U.S. Environmental Protection Agency (EPA) issued a final rule amending the national marine diesel engine program set forth in 40 C.F.R. Part 1042. Through the amendment, EPA is providing boat manufacturers additional lead time to install Tier 4 marine diesel engines in certain high-speed commercial vessels. Tier 4 standards — applicable to marine diesel engines at or above 600 kilowatts — were expected to be phased in between 2014 and 2017 and were based on achieving emissions reductions through aftertreatment technology, such as selective catalytic reduction. While these engines are mostly used in various types of large workboats and passenger vessels, certain engines are used in high-speed vessels that need compact and powerful engine designs. After the Tier 4 standards were fully in effect, some high-speed boat manufacturers informed EPA that they were unable to find certified Tier 4 engines with suitable performance characteristics for the vessels they needed to build.
On September 23, 2020 California Governor Gavin Newsom issued Executive Order N-79-20, expressing the goals that:
- by 2035, 100% of all in-state sales of new passenger cars and trucks will be zero-emission vehicles (“ZEV”);
- by 2045, 100% of all medium-and heavy-duty vehicles in the state be zero-emission for all operations where feasible (and the same goal for drayage trucks by 2035); and
- by 2035, the State will transition to 100% zero-emission off-road vehicles and equipment (where feasible).
Earlier this month, the California Air Resources Board (CARB) hosted an Advanced Clean Cars (ACC) II Workshop to obtain public input on CARB’s development of ACC II regulations. The ACC II rules would be meant to contribute to meeting California’s carbon neutrality targets, advancing zero emissions vehicle (ZEV) technology, and reaching ozone targets under California’s State Implementation Plan. The workshop materials note that CARB views a need for deep reduction to light-duty vehicle emissions to address climate and air quality issues.