The U.S. Environmental Protection Agency (EPA) has released a proposed rule to rescind the 2009 Endangerment Finding, which currently provides EPA with the legal authority to regulate greenhouse gas (GHG) emissions under the Clean Air Act (CAA).
Without this finding, EPA would no longer have the statutory authority under Section 202(a) of the Act to establish standards for GHG emissions. If finalized, the proposal would remove existing GHG emission standards for light-, medium- and heavy-duty vehicles, as well as heavy-duty engines.
According to EPA, “as a result of these proposed changes, engine and vehicle manufacturers would no longer have future obligations for the measurement, control, and reporting of GHG emissions for any highway engine and vehicle, including model years manufactured prior to this proposal. However, EPA intends to retain, without modification, regulations necessary for criteria pollutants and air toxic measurement and standards, Corporate Average Fuel Economy (CAFE) testing, and associated fuel economy labeling requirements.”
The proposed repeal of the 2009 Endangerment Finding is expected to face significant legal challenges throughout the process, which could take years to resolve. If finalized, the recission will likely become effective immediately unless a court issues a stay and a final rule could be published before the end of 2026. However, there will remain uncertainty as to its long-term effect while lawsuits are being processed through the judicial system.
EPA has initiated a 45-day public comment period to solicit input. Written comments on the proposal may be submitted through September 15, 2025. There is also a public hearing scheduled for August 19-20. Further information on the proposed rule and comment period can be found on the EPA’s website.
The RV Industry Association (RVIA) is currently reviewing the proposed rule to assess its impact on the RV industry including our designation under the custom vocational chassis category under EPA’s Phase 3 GHG emission standards for heavy-duty vehicles. It will continue to provide updates as developments occur.
For more information about this issue, contact Bill Erny, senior manager of regulatory affairs, at berny@rvia.org.
