

U.S. DEPARTMENT OF TRANSPORTATION

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

1200 NEW JERSEY AVENUE SE.

WASHINGTON DC, 20590	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF AIR AND RADIATION

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498



December 18, 2015

MEMORANDUM

SUBJECT:	Phase 2 Discussion with Wabash National Corporation on December
15, 2015

FROM:	Jessica Brakora, Engineer, Assessment and Standards Division

Office of Transportation and Air Quality

TO:	Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and Vehicles - Phase 2 - Dockets
NHTSA-2014-0132 and EPA-HQ-OAR-2014-0827



On December 15, 2015, EPA and DOT/NHTSA staff met representatives from
Wabash National Corporation (Wabash).  The purpose of the meeting was to
discuss Wabash’s views on the Phase 2 medium- and heavy-duty
rulemaking.  An agenda for the meeting is attached.  The following
participants attended the meeting:

Wabash representatives: 

Patrick Quinn, The Accord Group

Jamie Scarcelli, Wabash, Senior Vice President - General Counsel and
Secretary

Erin Roth, Wabash, Vice President - Corporate Strategy and Government
Affairs

EPA representatives:

Byron Bunker, EPA Compliance Division

Stephen Healy, EPA Compliance Division

Jessica Brakora, EPA Assessment and Standards Division

Tad Wysor, EPA Assessment and Standards Division

Alan Stout, EPA Assessment and Standards Division

DOT/NHTSA representatives:

Coralie Cooper, DOT Volpe (via phone)

Wabash provided confidential business information (CBI) to the agencies
for this discussion.  EPA asked Wabash about their trailer sales
including the type of trailers produced, work-performing equipment
installed, and CO2- and fuel consumption-reducing technologies
installed.  Wabash also provided some technology cost estimates.  

Some of the discussion focused on Wabash’s public comments received
following publication of the NPRM.  They reiterated their concerns with
Alternative 4, an averaging program, availability of tire technologies,
the 1-year delay for small businesses, and the agencies light-weighting
options.  The agencies’ responses to this public comment concerns can
be found in our Response to Comments document available in the docket to
this rulemaking (EPA-HQ-OAR-2014-0827).  

The rest of the discussion involved a continuation of previous import
concerns raised by Wabash in our phone call on November 24, 2015.  EPA
noted that foreign manufacturers are equally required to meet U.S.
emissions regulations if their products are to be used in the U.S., but
EPA acknowledged that enforcement poses unique challenges at the point
of entry.  Wabash shared manufacturer’s statement of origin (MSO)
examples with the agencies and EPA stated that it may have to establish
relationships with state-based departments of motor vehicles to ensure
MSOs contain the appropriate information to register future trailers as
certified vehicles.  Additionally, the Customs and Border Protection
(CBP) has mechanisms in place to handle fleets that are based in Canada
or Mexico, but make U.S. deliveries (i.e., U.S. cabotage law allows
goods to be delivered into or out of the U.S., but fleets cannot make
intra-U.S. deliveries), which should limit the number of U.S.-based
fleets that move their headquarters abroad to circumvent future
regulations.  

Attachment:  Meeting Agenda

Attachment

EPA / WABASH NATIONAL MEETING

Phase 2 Medium and Heavy Duty FE/GHG

Agenda

December 15, 2015

I. Phase 2 NPRM Trailer Program Issues (9:00 AM – 10:00 AM)

The Proposed Averaging Program

Simplified Exemption Process

LRRT and ATIS Suppliers’ Ability to Meet Demand

Light-Weighting Credit and Compliance Flexibility

Bin VIII (Changes to Trailer Construction) Process

Alternative #4 Challenges

“Small” Trailer Manufacturer Exemptions

Domestic and Imported Trailers Compliance

II. Phase 2 Trailer Certification/Compliance Issues (10:00 AM – 10:45
AM)

Existing Import Practices

Existing Documentation

EPA Authorities

New Tools and Practices

III. Wabash Confidential Business Data (10:45 AM – 12:00 PM)

Trailer Sales Data by Type

Trailer Aero Device Sales

LRR and ATIS Data

IV. Other Issues/Follow-Up

Discussion with Wabash on December 15, 2015 - Page   PAGE  3  of  
NUMPAGES   3 

