Court denies ATA petition on TRU ATCM enforcement

The United States Court of Appeals for the District of Columbia Circuit has denied the American Trucking Associations’ petition for rehearing en banc (by the full court), the US Environmental Protection Agency’s authorization of the California Air Resources Board (CARB) to enforce the Transport Refrigeration Unit Airborne Toxic Control Measure (TRU ATCM).

A three-judge panel of the US Court of Appeals, DC Circuit, previously found that EPA reasonably applied the authorization criteria of the Clean Air Act and granted ARB authorization to enforce the TRU ATCM. The California board has been actively enforcing the TRU ATCM’s In-Use Performance Standards since January 2010 and the registration requirements since August 2009.

The US Court of Appeals DC Circuit’s Order 09-1090 was filed June 3, 2010, and is available at www.arb.ca.gov/diesel/tru/documents/order_denying_ata_petition_for_rehearing_en_banc.pdf. It also can be accessed via the TRU website at www.arb.ca.gov/diesel/tru.htm.