It’s been a busy month for policy on glider kits.  “Glider kits” refers to older, refurbished diesel truck engines that are put in new truck chassis and sold as “new.”  While advertised as “new”, these glider kits do not meet EPA emissions standards for new diesel truck engines and can emit over 50 times more pollutants than new diesel engines that meet EPA emissions standards.

During the Obama Administration, the EPA finalized a rule to limit the sales of glider kits to 300 per year.  Former EPA Administrator Scott Pruitt started a process to repeal the Glider Kits Rule, but was unable to complete the repeal process before resigning in early July.  However, on Scott Pruitt’s last day as EPA Administrator, he issued a “notice of non-enforcement assurance” effectively suspending the cap of for 2018 and 2019.

Environmental groups sued the EPA and the court ordered an immediate “stay” of the “non-enforcement order” effectively temporarily blocking the EPA’s action and sending a strong signal to the agency that the court felt that the EPA’s “non-enforcement assurance” would not survive legal challenges.  In light of the court action, Acting EPA Administrator Andrew Wheeler rescinded the “non-enforcement assurance” effectively conceding the action would not survive legal challenges.

However, the glider kits issue is not yet over.  In announcing his decision to rescind the non-enforcement notice, Mr. Wheeler indicated that the EPA still intends to move forward with rescinding or revising the original glider kits rule through regulation.

The ATS opposes efforts to relax or rescind the rule and has testified before EPA senior staff as well as submitted written comments during the public notice and comment process.