DEQ announces enforcement discretion for Oregon ACT for model years 2025 and 2026
Grace period available for 2025 and 2026 model years
May 15, 2025
Today, Oregon Department of Environmental Quality Director Feldon issued a memodirecting the agency to use its enforcement discretion for the Advanced Clean Trucks Rule. Effective immediately, DEQ will not pursue enforcement or issue penalties to manufacturers failing to meet zero-emissions vehicle sales targets for all Model Year 2025 and 2026 Class 2b-8 vehicles. This update does not affect Oregon’s Heavy-Duty Low NOx Omnibus Rule.
The Oregon Environmental Quality Commission adopted the ACT Rule in 2021, requiring medium- and heavy-duty truck manufacturers to sell an increasing percentage of ZEV trucks in the Oregon market.
The rule became effective Jan. 1, 2025. Since that time, manufacturers have expressed concern with their ability to comply with those rules and some are withholding conventional diesel trucks from the market until dealers first purchase ZEV trucks. This practice of withholding inventory has led to significant disruption in the new truck sales market in Oregon. Additionally, actions taken at the federal level, including withholding charging infrastructure funds and imposing tariffs are challenging the broader deployment of ZEV trucks.
In November 2024, as part of a rulemaking to add flexibilities to the 2021 ACT rule, the EQC directed agency staff to evaluate challenges tied to carrying out the ACT rule in Oregon and find possible solutions.
After receiving public comment on proposed rules, DEQ has found that action is needed now to address the market disruption. Therefore, the agency is committing to not pursuing enforcement or assessing civil penalties against any manufacturer of medium- and heavy-duty vehicles that does not meet the specified ZEV sales percentages and experiences deficit shortfalls for Model Years 2025 and 2026, provided those manufacturers continue to supply internal combustion engine vehicles to Oregon distributors and dealers without imposing restrictions or conditions that would limit their availability.
The intent of DEQ’s enforcement discretion directive is to provide temporary relief to manufacturers facing challenges in meeting ZEV sales targets, as well as businesses and fleet owners across the state in need of new conventional and ZEV trucks. This will ensure continued availability of internal combustion engine trucks to meet market demands, while maintaining progress toward Oregon's environmental goals.
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