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- The Federal Highway Administration will require states and metropolitan agencies to plan emissions reduction target, according to a final rule released last week. The regulation affects the National Highway System, including federal interstates.
- State governments and metropolitan organizations will have to set targets for reducing evaporative carbon dioxide emissions based on 2022 levels. There will be no penalties for failing to meet targets, the agency said.
- “THE [greenhouse gas] The measure will help the United States (US) address the increasingly urgent climate crisis,” the rule said. State transportation agencies must begin creating and reporting on the goals by Feb. 1.
Dive Insight:
First, the FHWA proposed stronger standards last year for its framework. The final rule amendments came a year later after nearly 40,000 public comments.
The agency initially called for state emission reduction targets to be required every two years. However, state transportation departments will get some relief under the final rule, starting with four-year greenhouse gas targets.
The agency also proposed using a reference year of 2021 for emissions. But commentators noted how the shows were different back then because of the COVID-19 pandemic.
“Calendar 2021 should not be used as a baseline or benchmark year for measuring evaporative CO2 emissions and setting targets” because of reduced traffic levels, industry groups wrote in joint letter.
Others agreed that 2021 was not the best reporting year. A group of state transportation agencies asked to use the most recent and complete data available. The coalition also suggested using data averaged over multiple years to better capture trends.
The FHWA changed the year because the pandemic could make the baseline artificially low, which would make it harder for states to meet the declining targets, the agency said in a statement emailed to Trucking Dive.
Several commenters also questioned FHWA’s authority to oversee GHGs.
The conflict stems from a spending bill signed into law in 2012, the 21st Century Progress Act. This led to the establishment of federal rules to allow the government to set ratings for “performance” of the Interstate and National Road systems.
Ambiguity arose what the legislators meant with the word performance. The FHWA said it interpreted it to mean environmental regulation.
In addition, the agency is also softening its approach to net zero targets. Previous language required states to demonstrate “net zero goals,” but that requirement no longer exists.
However, the final rule supports the Biden administration’s policy goal of achieving net zero emissions by 2050, aligning with global commitments.
Acknowledgment of questions and objections from commentatorsthe FHWA said it does not regulate greenhouse gas emissions, “mandating any reductions,” forcing states to choose specific projects or claim authority over transportation sector emissions.
“Rather, this measure is designed to provide the state Dots and MPOs with the information necessary to make informed transportation decisions,” the agency said. “The FHWA neither approves nor disapproves
individual goals”.