SURFACE TRANSPORTATION BOARD

The Surface Transportation Board announced today that it has submitted comments on the notice of opportunity for public hearing and comment (Notice) published by the Environmental Protection Agency (EPA) on February 27, 2024.  EPA’s Notice considers whether the “In-Use Locomotive Regulation” standards or enforcement procedures adopted by California Air Resources Board (CARB) are an attempt to regulate emissions from new locomotives or new engines used in locomotives.

The purpose of the Board’s comment is to explain the agency’s jurisdiction over interstate rail transportation and how the broad preemption provision in the Interstate Commerce Act (as amended), 49 U.S.C. § 10501(b), could impact the EPA’s decision.  The Board’s comments can be viewed here.

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