Oregon environmental regulators could once again delay implementation of medium-to-heavy duty clean truck rules — giving the commercial trucking industry more time for the technology and infrastructure to develop across the state.

On Thursday, the Oregon Department of Environmental Quality’s commission heard an update from staff on the temporary Clean Truck Rules.

Last year, the commission adopted those rules, which outlined when stricter emissions standards would go into effect for medium-to-heavy duty trucks. The rules also gave more flexibility to manufacturers selling these vehicles.

But Environmental Quality Commission chair Matt Donegan says there are still issues with the rules — and a delay may not be the right solution.

“I get the request, but so many of the concerns that have been expressed are very long-term structural in nature, and it seems to me that we should be kind of modeling out what the long-term compliance pathway would be,” he said.

He asked DEQ to develop a long-term compliance scenario that could include outlining how far the state’s charging infrastructure has come, and what’s needed to build out more chargers, especially in rural areas.

The Oregon Department of Energy is currently developing an energy strategy report that could include modeling for a compliance pathway that would require a 100% electric vehicle sales by 2040. That report is expected to be released in November.

“What I don’t want to be is in the position where we’re getting the next request for another delay because all of these long-term issues aren’t going to get addressed by 2027,” Donegan said. “We should be getting out ahead of that.”

Potential roads for the Clean Truck Rules

According to DEQ transportation strategy section manager Rachel Sakata, greenhouse gas emissions from the transportation sector account for 35% of the state’s overall emissions and are one of the fastest growing sources of those emissions.

“Communities who are exposed to these emissions suffer disproportionately from or at higher risk of a variety of health conditions, including lungs, heart, nervous system and developmental diseases.”

To help curb those emissions and improve public health, DEQ adopted the Clean Truck Rules.

The rules have two sections. The Heavy-Duty Low NOx Omnibus Rules require truck engine manufacturers to meet tougher emission standards for particulate matter and for nitrogen oxides pollution, which are the result of combustion of fossil fuels in vehicles.

Oregon to temporarily delay zero-emission trucks rules

The Advanced Clean Truck Rules require manufacturers to make zero emissions electric vehicles a growing percentage of their sales of medium to heavy-duty vehicles, like large pick-up trucks, buses and 18-wheelers, starting with the 2025 model year. The rules would gradually limit the sale of diesel engine heavy duty trucks, depending on class size, but would not implement a complete ban on the sales of these vehicles.

The rules are set to be updated to align with California’s vehicle and truck emission standards. Oregon is one of 10 states that have opted to adopt California’s standards for these vehicles.

The Environmental Quality Commission must adopt permanent rules by July. Advocates from the trucking industry are calling for an extended delay for the Heavy-Duty Low NOx Omnibus Rules until 2027, when federal Environmental Protection Agency regulations will be in place. Recently, EPA announced changes that could impact California’s program.

But the main focus of the commission’s Thursday meeting was on the Advanced Clean Trucks Rules. The trucking industry has previously said these rules must be delayed because there are not enough public chargers, and not enough Class 7 and 8 trucks available — like big rigs, Freightliners and cement trucks — that meet the state’s requirements.

“We’re hearing a lot about the issues and concerns surrounding the Advanced Clean Truck’s rule,” DEQ’s Sakata said. “We’ve heard about how there’s no equivalent zero-emission vehicle model for certain types of trucks out there and concerns about whether a zero-emission vehicle truck application is able to meet their specific trucking needs, particularly for the long-haul tractor trucks.”

The temporary rules led Portland-based Daimler Truck North America to abruptly halt sales of its internal combustion engine vehicles in December after receiving incorrect information from DEQ about how it would receive credits under the recently adopted Clean Truck Rules. The company resumed sales in mid-January after clarifying the program’s rules.

But continued calls for a delay have made their way to the Oregon state Legislature, where lawmakers held a public hearing in late January.

These concerns prompted Oregon Gov. Tina Kotek to send a letter to DEQ last week asking the agency to develop a solution for Class 7 and 8 trucks while still maintaining the “integrity” of the program for other medium and heavy-duty truck classes.

A DEQ rules advisory committee is exploring possible solutions to these issues.

Those possible solutions include issuing credits to manufacturers for the sales of new zero-emission trucks in 2024 and 2025, and pooling credits with other states like California, where sales are higher. Another proposal would distribute proportional credits.

Daimler halts diesel truck sales in Oregon over new rules

The agency is also considering evaluating the credit system every two years.

But delaying the rules could bring new complications, DEQ’s air quality planner Eric Feely said.

“Further delays to the omnibus rules would mean that Oregon would not realize air quality benefits associated with the sale of new available engines that emit 75% less oxides of nitrogen and 50% less particulate matter,” he said. “Additionally, select manufacturers have communicated that they don’t plan on delivering omnibus-compliant diesel engines to the market in 2026 at all, specifically in the medium duty engine sector.”

A delay would also mean manufacturers would have to further increase their zero-emission vehicles sales.

This year, California’s rules require at least 7% of Class 7 and 8 truck sales to be zero emission. But in 2027, that number jumps to 15%. So if Oregon delays its clean truck rules — manufacturers here would also have that steeper 15% requirement when the rules do go into effect.

DEQ will hold a rules advisory committee meeting March 17 which is open to the public. It is the last of three public meetings scheduled. The agency then plans to propose new rules in April that will be open for public comment.

The Environmental Quality Commission is expected to vote on the proposed permanent rules in the summer.