Subject: Advanced Clean Trucks (ACT), Advanced Clean Cars (ACC) II, Low NOx Heavy-Duty Omnibus, and the Phase II Greenhouse Gas Emissions Standard rulemaking delay.
Dear Secretary Julie Moore and Interagency Committee on Administrative Rules Members,
On behalf of the undersigned businesses, health professionals, organizations, and individuals that represent thousands of Vermonters, we are writing to express our strong support for the Advanced Clean Trucks (ACT), Advanced Clean Cars (ACC) II, Low NOx Heavy-Duty Omnibus, and the Phase II Greenhouse Gas Emissions Standards rules (the “Rules”). We urge that the State adopt these Rules by the end of 2022 so that increasing numbers of zero-emission vehicles will be available to Vermonters as soon as possible.
As you know, transportation pollution is the largest source of climate-disrupting and toxic air pollution in Vermont. The transportation sector accounts for 39.1% of Vermont’s greenhouse gas emissions. Fossil fuel-powered cars, trucks, and buses account for the majority of these emissions. With the recent setbacks in implementing the Transportation Climate Initiative Program in the Northeast, and the lack of any other clear policy or regulatory tools to achieve certain, significant pollution reductions in the transportation sector, adopting the Rules in a timely fashion is even more critical to meeting Vermont’s required emission reductions. Emissions disproportionately impact low-income populations and communities of color. Some of those impacts include higher rates of asthma, bronchitis, cancers, and premature deaths. Furthermore, Vermonters are disproportionately burdened with volatile gasoline pricing because Vermonters are more dependent on personal vehicles than many other Americans.
The ACT rule will require that all new sales of medium and heavy-duty vehicles (MHDVs) – transit and school buses, freight, utility, delivery, and fleet vehicles with a Gross Vehicle Weight Rating (their fully-loaded weight) of more than 8,500 pounds be 40 - 75% zero-emission by 2035, and the ACC II rule will require that all sales of new passenger vehicles be 100% zero-emission by 2035. These requirements will help ensure that Vermonters have less air pollution and more zero-emissions vehicles available to them while also helping Vermont achieve its climate requirements under the Global Warming Solutions Act, including net-zero emissions by 2050. The Vermont Climate Council adopted the Vermont Climate Action Plan, which included the Rules as important policies and strategies for Vermont to reach its net-zero targets.
Adopting the Rules this year will be critical in beginning to accrue all the associated climate, health, and economic benefits of a just transition away from fossil fuels. A study by the International Council on Clean Transportation shows that the ACT, NOx Omnibus and Phase II rules will improve Vermont’s air quality by reducing Nitrogen Oxide (NOx) and PM 2.5 by 8,190 and 44 short tons, respectively, and reducing Carbon Dioxide equivalent (CO2e) by 3.70 million metric tons by 2050. Although there are no studies on the impacts of ACC II program in Vermont, in California, the ACC II program is anticipated to reduce emissions in the passenger vehicle fleet by 57,090 tons of reactive organic gasses, 83,850 tons of oxides of nitrogen, and 5,330 tons of particulate matter (PM2.5) cumulatively by 2040 relative to a baseline without the proposed regulations. California also expects ACC II proposals to reduce cumulative greenhouse gas emissions by an estimated 440 million metric tons of carbon dioxide from 2026 to 2040.
The Clean Air Act requires a two-year lead time for states adopting the Rules before enforcement can officially begin. The first applicable model year for ACT begins in 2024, while the first applicable model year for ACC II begins in 2026. If these Rules are adopted in 2022, Vermont will be able to enforce the requirements for model years 2026 for both of these Rules. Delaying adoption means that Vermont will continue to miss out on the annual requirements and subsequent benefits these Rules provide, and Vermonters will miss out on access to zero-emissions vehicles they would otherwise be able to take advantage of. There is no time left for delay.
As Vermont proceeds with rule implementation we must ensure that auto manufacturers are not given opportunities to evade supplying the required levels of zero-emission vehicles, and that credits for previous sales do not count for the new targets. In some cases, an auto manufacturer may have the ability to invest in other programs designed to reduce transportation emissions if sales targets are not reached. In those circumstances, we urge investments in equity-based programs such as Mileage Smart and Replace Your Ride to be the default, however, those investments must be substantial to make up for the shortfalls in reaching the required carbon emission reductions.
By adopting the Rules, Vermont can simultaneously improve air quality, lower transportation costs, protect our children and communities, address environmental health inequities, and reduce greenhouse gas emissions. Respectfully, we urge you to adopt the ACT, NOx Omnibus, Phase II and ACC II Rules this year, and we appreciate your commitment to ensuring Vermont meets its legal and moral obligation to do its part on the climate crisis. This program will certainly be key to that.
Sincerely,
Robb Kidd, Conservation Program Manager, Vermont Sierra Club
Ben Edgerly Walsh, Climate & Energy Program Director, Vermont Public Interest Research Group
Dan Fingas, Vermont Movement Politics Director, Rights and Democracy
Dan Quinlan, Chair, Vermont Climate Health Alliance
Dave Rapaport, Social Mission Officer, Ben & Jerry's
David Mears, Executive Director, Audubon Vermont
Debra Stoleroff, Steering Committee Chair, Vermont Yankee Decommissioning Alliance
Elena Mihaly, Vice President and Director, Conservation Law Foundation Vermont
Jake Elliott, Impact Partnership Manager, SunCommon
Jeff Forward, Principal, Forward Thinking Consultants, LLC
Johanna Miller, Energy and Climate Program Director/VECAN Coordinator
Jordan Giaconia, Public Policy Manager, Vermont Businesses for Social Responsibility
Julia Scott, CEO, J.Scott Marketing
Kathy Harris, Clean Vehicles and Fuels Advocate, Climate & Clean Energy Program, Natural Resources Defense Council
Katie McCurdy, Founder, Pictal Health
Kenneth Allen, President VtPHA
Lauren Hierl, Executive Director, Vermont Conservation Voters
Meghan Ksiazek- Vice President, Turtle Fur
Nancy Rice, Randolph Center, VT, VT Yankee Decommissioning Alliance Treasurer
Patricio Portillo, Senior Advocate, Climate & Clean Energy Program, Natural Resources Defense Council
Paul Lesure, President, Green Mountain Solar
Peggy O'Neill-Vivanco, Coordinator, Vermont Clean Cities Coalition
Peter Sterling, Executive Director, Renewable Energy Vermont
Ron McGarvey, President, Vermont Interfaith Power & Light
Sophia Donforth, Executive Director, Vermont Energy Education Program
Sue Minter, Executive Director, Capstone Community Action
Thomas Longstreth, Executive Director, ReSOURCE A Nonprofit Community Enterprise Inc.
Vanessa Rule, 350VT
Alicia Jacobs, MD, Colchester VT
Allen L Knowles III, MD (retired) Richmond, VT
Andrea Grayson
Bella Bennett, Burlington, PhD Candidate, UVM Rubenstein School for Environment and Natural Resources
Cathy Aikman, Richmond, VT
Christine Weinberger, MD Burlington, VT
Christopher Granda, Richmond, VT
Diane Dubuque, Fairfax, VT
Donald R. McIntyre, MD
Elizabeth Parsons, RN, Burlington, VT
Eva Zaret, Marshfield, VT
Gretchen Elias, Montpelier VT
Hallie Picard
Jack Hanson, Burlington City Councilor
Jennifer Borofsky MD, Fayston VT
Jenny Bower, Burlington, VT
Jenny Evans First, Family Nurse Practitioner, Richmond, VT
Jessica Wikle, Essex Junction, VT
Representative Jim McCullough, VT State Legislator
Judy Fingergut, Burlington, Physician
Julia Cavanagh, Charlotte, resident/constituent
Julie Campoli, Burlington, VT
Justin Goggin, DVM, Jericho VT
Karen Mckenny RN, South Burlington
Kathleen Kesson, Barre VT, Professor Emerita, LIU-Brooklyn ISE
Kelly McCracken, Montpelier, Licensed Clinical Social Worker
Kristopher Lawrence Keeton, South Burlington, DDS
Laural Ruggles, Danville, VT
Representative Leslie Goldman MSN, MPH, FNP
Linda McGinnis, South Burlington, VT, Economist and climate policy expert
Lisa D Sharp Grady. Bradford, VT
Madilyn Sandy, Jericho, VT
Matthew Burke, Research Associate, UVM
Matthew Lawrence LeFluer, Advocate, community volunteer board member, Alburgh, VT
Megan Malgeri, MD
Michael Ruggiero, Winooski, Chemistry Professor at UVM
Natalee Braun, PhD Essex, VT Member 350VT
Paul Bierman, Burlington, Professor of Natural Resources, UVM
Paul Zabriskie, Middlesex, VT
Phil Hammersllough, Burlington, VT
Rebecca Jacobs, Sheldon, VT
Rebecca Jones, MD LLC Brattleboro, VT
Robert Luebbers
Sally Kerschner, Public Health Nurse, Ferrisburgh, VT
Sam Carlson, South Burlington, University of Vermont
Sascha Mayer, Mamava, Burlington
Sebbi Wu, Burlington, VT
Seth H. Frisbie, Ph.D., East Calais, VT, Professor Emeritus of Chemistry
Tyler Merritt, Richmond, VT
Dr. Virginia Clarke, Richmond VT
William April, Waterbury Ctr., VT, Concerned Citizen
cc: Governor Phil Scott, Melissa Mazza-Paquette, House Transportation Chair Diane Lanpher