NACAA Comments on NODA for Proposed Phase 2 GHG & CAFE Stds

April 1, 2016 – NACAA submitted comments to EPA and the National Highway Traffic Safety Administration on the agencies’ joint Notice of Data Availability (NODA) related to the July 13, 2015 proposed Phase 2 greenhouse gas (GHG) and fuel economy standards for medium- and heavy-duty vehicles and engines.  NACAA’s comments on the NODA were in addition to the association’s September 29, 2015 comments on the Phase 2 proposal.  In the comments, NACAA focuses on three issues in particular raised in the NODA.  First, with respect to a February 19, 2016 EPA memorandum, Additional Discussion of Selective Enforcement Audit and Confirmatory Testing for Aerodynamic Parameters for Combination Tractors and for Trailers, NACAA notes that in the September 2015 comments the association urged EPA “to do everything feasible to implement in-use compliance.”  Therefore, NACAA welcomes EPA’s memorandum to provide further insight into enforcement and compliance of the Phase 2 program.  Second, with respect to the February 2016 draft EPA Legal Memorandum Discussing Issues Pertaining to Trailers, Glider Vehicles, and Glider Kits under the Clean Air Act, NACAA states its belief that EPA has the environmental obligation to regulate trailers, glider vehicles and glider kits, as well as the legal authority to do so and, in fact, could go even further.  Accordingly, NACAA welcomes the agency’s draft legal memorandum providing clarification of the firm legal basis for its proposed actions.  Finally, NACAA expresses concern regarding December 28, 2015 comments submitted to the docket by the Specialty Equipment Market Association (SEMA) related to light-duty motor vehicles used for competition racing.  In its comments, SEMA takes issue with language in the proposed Phase 2 rule to clarify that certain regulatory provisions related to nonroad vehicles do not, and cannot under the Clean Air Act, apply to onroad vehicles.  NACAA believes, however, that SEMA has misconstrued EPA’s intent, existing rules and policy and the Clean Air Act.