FHWA Abolishes Emissions Rule for States

Regulators are set to repeal a Biden-era rule requiring state departments of transportation (DOT) to set lower emissions thresholds.

The Federal Highway Administration (FHWA) is pulling the plug on a 2023 rule mandating that state DOTs set and report consistently declining volumes of carbon dioxide and greenhouse gases. The deregulatory decision — which was announced in an April18 Federal Register notice — takes effect May 19.

The policy, which also applies to metropolitan planning organizations (MPO), is expected to have no practical effect since the 2023 rule was never implemented, according to the notice.

“By repealing this measure, FHWA will remove regulations that, if they had been implemented, would have required state DOTs and MPOs to undertake administrative activities to establish declining [greenhouse gas] targets, calculate their progress toward their selected targets, report to FHWA, and determine a plan of action to make progress toward their selected targets if they fail to make significant progress during a performance period,” the notice stated.

The notice contends that the prior administration adopted the emissions reporting threshold “through a strained reading of statutory language. Today, we stand by the best reading of the plain language of the statute, which … does not address CO₂ emissions explicitly or require FHWA to include a [greenhouse gas] measure among the national performance measures.”

State DOTs and MPOs can still voluntarily implement emissions rules if they choose, the notice stated.