FHWA Sends Charging Station Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a final rule from the DOT’s Federal Highway Administration (FHWA) on “National Electric Vehicle Infrastructure Formula Program”. The rule would create “minimum standards and requirements for NEVI-funded projects. The FHWA is directed by Section 11129 of BIL, which amends 23 U.S.C. 109, by adding a requirement that EV charging station standards apply to all projects that install EV charging infrastructure using funds provided under title 23, United States Code.” 

The notice of proposed rulemaking for this action was published on June 22^nd, 2022. That language would have required that “States must implement physical and cybersecurity strategies consistent with their respective State EV Infrastructure Deployment Plans to mitigate charging infrastructure, grid, and consumer vulnerability associated with the operation of charging stations.”