Proposed amendments to heavy-duty highway and nonroad diesel provisions (Docket EPA-HQ-OAR-2026-0728)

EPA has opened a rulemaking docket concerning heavy-duty diesel inducement, nonconformance penalty and derate provisions, and has invited public comment and hearing testimony.

Repeal relevance: The proposal is the active administrative vehicle for narrowing or removing inducement and derate mandates on new engines. It does NOT, on its face, apply to the in-use fleet — which is why statutory and consent-decree relief remain necessary.

Counterargument: A proposal is not a final rule. EPA can withdraw or substantially change the proposal, and current 40 CFR 1036.111 inducement requirements remain in force until a final rule is published in the Federal Register.