STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND’S LOW EMISSIONS VEHICLE PROGRAM

Effective 5 June 1996

Last Amended  19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND'S LOW EMISSIONS VEHICLE PROGRAM

TABLE OF CONTENTS

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc168794499"  37.1
Definitions	  PAGEREF _Toc168794499 \h  1  

  HYPERLINK \l "_Toc168794500"  37.2	Applicability	  PAGEREF
_Toc168794500 \h  2  

  HYPERLINK \l "_Toc168794501"  37.3	Emissions Requirements and Credits	
 PAGEREF _Toc168794501 \h  2  

  HYPERLINK \l "_Toc168794502"  37.4	Vehicle Testing	  PAGEREF
_Toc168794502 \h  6  

  HYPERLINK \l "_Toc168794503"  37.5	Warranty	  PAGEREF _Toc168794503 \h
 8  

  HYPERLINK \l "_Toc168794504"  37.6	Reporting Requirements	  PAGEREF
_Toc168794504 \h  9  

  HYPERLINK \l "_Toc168794505"  37.8	General Provisions	  PAGEREF
_Toc168794505 \h  10  

 RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND'S LOW EMISSIONS VEHICLE PROGRAM

37.1 Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

37.1.1	"Air contaminant emission control system" means the equipment
designed for installation on a motor vehicle or motor vehicle engine for
the purpose of reducing the air contaminants emitted from the motor
vehicle or motor vehicle engine or a system or engine modification on a
motor vehicle which causes a reduction of air contaminants emitted from
the motor vehicle engine, including but not limited to exhaust control
systems, fuel evaporation control systems and crankcase ventilating
systems.

37.1.2	"AT-PZEV" means an advanced technology partial zero emission
vehicle.

37.1.3	"California Air Resources Board" or "CARB" means the California
State agency established and empowered to regulate sources of air
pollution in California, including motor vehicles, pursuant to
California health & safety code sections 39500 et seq.

37.1.4	"California Standards" means those emission standards for motor
vehicles and new motor vehicle engines that the state of California has
adopted and is permitted to adopt pursuant to the authority of 42
U.S.C.A. Section 7543 and which other states are permitted to adopt
pursuant to 42 U.S.C.A. Section 7507, in force and effect at the time
of the adoption of these regulations.

37.1.5	"CCR" shall mean the California Code of Regulations

37.1.6	"Certification" means a finding by CARB that a motor vehicle,
motor vehicle engine, or air contaminant emission control system has
satisfied the criteria adopted by CARB for the control of specified air
contaminants from motor vehicles.



37.1.7	"Certified device" means an air contaminant emission control
system for which a certification has been issued by CARB or the
Department.

37.1.8	"Dealer" means any person engaged in the business of selling,
offering to sell, soliciting or advertising the sale of new vehicles who
holds a valid sales and service agreement, franchise or contract,
granted by the manufacturer or distributor for the retail sale of said
manufacturer's or distributor's new vehicles.

37.1.9	"Emergency Vehicles" means any publicly owned vehicle operated by
a peace officer in performance of their duties, any authorized emergency
vehicle used for fighting fires or responding to emergency fire calls,
any publicly owned authorized emergency vehicle used by an emergency
medical technician or paramedic, or used for towing or servicing other
vehicles, or repairing damaged lighting or electrical equipment, any
motor vehicle of mosquito abatement, vector control, or pest abatement
agencies and used for those purposes, or any ambulance used by a private
entity under contract with a public agency.

37.1.10	"Emission standard" means specified limitations on the discharge
of air contaminants into the atmosphere.

37.1.11	"Executive order" means a document issued by CARB certifying
that a specified test group or model year vehicle has met all applicable
Title 13 CCR requirements for certification and sale in California. 

37.1.12	"Fleet-wide average" means a motor vehicle manufacturer's
average vehicle emissions of all non-methane organic gases from all
vehicles subject to this regulation, produced and delivered for sale in
Rhode Island in any model year, based on the calculation in Title 13 CCR
1961, and incorporated herein by reference.

37.1.13	“Greenhouse gas” means any of the following gasses: carbon
dioxide, methane, nitrous oxide, and hydrofluorocarbons.

37.1.14	“Heavy-duty vehicle” means any motor vehicle having a
manufacturer’s gross vehicle weight rating greater than 6,000 pounds,
except passenger cars.

37.1.15	"Light-duty truck" means any 2000 and subsequent model motor
vehicle rated at 8,500 pounds gross vehicle weight or less, and any
other motor vehicle rated at 6,000 pounds gross vehicle weight or less,
that is designed primarily for purposes of transportation of property or
is a derivative of such a vehicle, or is available with special features
enabling off-street or off-highway operation and use.



 "LDT1" means a light-duty truck with a loaded vehicle weight of 0-3750
pounds.

 "LDT2" means a "LEV II" light-duty truck with a loaded vehicle weight
of 3751 to a gross vehicle weight of 8500 pounds or a "LEV I" light-duty
truck with a loaded vehicle weight of 3751-5750 pounds.

37.1.16	"LEV" means a low emissions vehicle.

37.1.17	"Mail Out" means a widely distributed general correspondence
issued by CARB whenever said board needs information from the public, or
when it wishes to inform the public of new information.

37.1.18	"Manufacturers advisory correspondence" means a document issued
by CARB, which is a policy interpretation for further clarification of
the CCR applicable to motor vehicles.

37.1.19	“Medium-duty passenger vehicle” means any medium-duty
vehicle with a gross vehicle weight rating of less than 10,000 pounds
that is designed primarily for the transportation of persons. The
medium-duty passenger vehicle definition does not include any vehicle
which: (1) is an “incomplete truck” i.e., is a truck that does not
have the primary load carrying device or container attached; or (2) has
a seating capacity of more than 12 persons; or (3) is designed for more
than 9 persons in seating rearward of the driver’s seat; or (4) is
equipped with an open cargo area of 72.0 inches in interior length or
more. A covered box not readily accessible from the passenger
compartment will be considered an open cargo area, for purposes of this
definition.

37.1.20	“Medium-duty vehicle” means any pre-1995 model year
heavy-duty vehicle having a manufacturer’s gross vehicle weight rating
of 8,500 pounds or less; any 1992 through 2006 model year heavy-duty
low-emission, ultra-low-emission, super-ultra-low-emission or
zero-emission vehicle certified to the standards in section 1960.1(h)(2)
of Title 13 CRR having a manufacturer’s gross vehicle weight rating of
14,000 pounds or less; any 1995 through 2003 model year heavy-duty
vehicle certified to the standards in section 1960.1(h)(1) of Title 13
CRR having a manufacturer’s gross vehicle weight rating of 14,000
pounds or less; and any 2000 and subsequent model heavy-duty
low-emission, ultra-low-emission, super-ultra-low-emission or
zero-emission vehicle certified to the standards in Section 1961(a)(1)
or 1962 of Title 13 CRR having a manufacturer’s gross vehicle weight
rating between 8,501 and 14,000 pounds.

37.1. 21	"Model year" means a motor vehicle manufacturer's annual
production period which includes January 1 of a calendar year or, if the
manufacturer has no annual production period, the calendar year.  In the
case of any vehicle manufactured in two or more stages, the time of
manufacture shall be the date of completion of the chassis.

37.1.22	"Motor Vehicle" means a vehicle which is self-propelled but does
not include a self-propelled wheelchair, invalid tricycle, or motorized
quadricycle, if operated by a person who, by reason of physical
disability, is otherwise unable to move about as a pedestrian.

37.1.23	"Neighborhood Electric Vehicle" or "NEV" means a motor vehicle
that meets the definition of "low speed vehicle" either in section 385.5
of the California Vehicle Code or in CFR 571.500 (as it existed on July
1, 2000), and is certified to zero-emission vehicle standards.

37.1.24	"New vehicle" means any passenger car or light duty truck with
7,500 miles or fewer on its odometer.

37.1.25	"NMOG" means non-methane organic gas.

37.1.26	"Passenger car" means any motor vehicle designed primarily for
transportation of persons and having a design capacity of twelve persons
or less.

37.1.27	"PZEV" means partial zero emission vehicle.

37.1.28	"Recall" means:

(a)	A manufacturer's issuing of notices directly to consumers that
vehicles in their possession or control should be corrected, or;

(b)	A manufacturer's efforts to actively locate and correct vehicles in
the possession or control of consumers.

37.1.29	"Recall campaign" means that plan approved by CARB or the
Department, by which the manufacturer will effect the recall of
non-complying vehicles.

37.1.30	"Test Group" means a grouping of vehicles as defined by
40 CFR 86.1827-01.

37.1.31	"Test vehicle" means an experimental or prototype motor vehicle
which appears to have very low emission characteristics or a used motor
vehicle within which an experimental motor vehicle pollution control
device is installed, and which has also received a test vehicle or fleet
permit from CARB pursuant to Manufacturers Advisory Correspondence no.
83-01.

37.1.32	"Ultimate purchaser" means, with respect to any new motor
vehicle or new motor vehicle engine, the first person who in good faith
purchases a new motor vehicle or new motor vehicle engine for purposes
other than resale.

37.1.33	"Used motor vehicle" means motor vehicle that is not a new motor
vehicle.

37.1.34	"ZEV" means a zero emission vehicle.

37.2	Applicability

The Department hereby adopts the sections of the California Low Emission

Vehicle program applicable to passenger cars, light-duty trucks and
medium-duty vehicles under Title 13 CCR.

	37.2.2	This regulation shall apply to all 2008 model year and
subsequent model year 

	passenger cars , light-duty trucks, and 2009 model year and subsequent
model year medium-duty vehicles sold, leased, offered for sale or lease,
imported, delivered, purchased, rented, acquired, received, or
registered in the State of Rhode Island.

37.2.3		The greenhouse gas emission standards of Title 13 CRR 1961.1 and
related provisions of this regulation shall apply to all 2009 and
subsequent model year passenger cars, light-duty trucks and medium-duty
passenger vehicles sold, leased, offered for sale or lease, imported,
delivered, purchased, rented, acquired received or registered, in the
State of Rhode Island.

37.2.4	All technical guidance issued by CARB relative to the
implementation of Title 13 CCR, including but not limited to
Manufacturers Advisory Correspondences and Mail Outs shall be applicable
to all vehicles subject to this regulation.

37.3 Emissions Requirements and Credits

	37.3.1	No person shall sell, import, deliver, purchase, lease, rent,
acquire, receive, or register a new vehicle subject to this regulation
in the State of Rhode Island that has not received a CARB Executive
Order for all applicable requirements of Title 13 CCR 1900, 1960.1,
1960.5, 1961, 1961.1, 1962, 1962.1, 1965, 1968.1, 1968.2, 1968.5, 1976,
1978, 2037, 2038, 2062, 2101, 2111, and 2235, incorporated herein by
reference, unless the vehicle is sold directly from one dealer to
another dealer, sold for the purpose of being wrecked or dismantled,
sold exclusively for off-highway use, or sold for registration out of
state, and except as provided in section 37.3.7.

37.3.2	It is conclusively presumed under this regulation that the
equitable or legal title to any motor vehicle with an odometer reading
of 7,500 miles or more has been transferred to an ultimate purchaser and
that the equitable or legal title to any motor vehicle with an odometer
reading of less than 7,500 miles has not been transferred to an ultimate
purchaser.

	37.3.3	Fleet-wide Average NMOG Requirements

	(a)  Effective model year 2008, and for each subsequent model year,
compliance with the Fleet-wide Average Non-Methane Organic Gas Exhaust
Emission Requirement in Rhode Island, as set forth at Title 13 CCR 1961,
shall be demonstrated for each motor vehicle manufacturer according to
the procedures in Title 13 CCR 1961, and shall be based on the number of
vehicles, subject to this regulation, produced and delivered for sale by
each manufacturer in the State of Rhode Island. The Department shall
provide that emission credits and debits, based on the number of
vehicles, subject to this regulation, produced and delivered for sale by
each manufacturer, in the State of Rhode Island, may be accrued and
utilized by each vehicle manufacturer pursuant to the procedures set
forth at Title 13 CCR 1961.

	

	(b)  In model years 2008 through 2010, manufacturers can earn NMOG
credits in Rhode Island in accordance with the procedures set forth in
Title 13 CCR 1961(c).  Notwithstanding the requirement in section
37.3.3(a) that compliance be demonstrated for each model year,
manufacturers may demonstrate compliance with the Fleet-wide Average
NMOG Exhaust Emission Requirement in Rhode Island for model years 2008
through 2010 following the 2010 model year and may apply NMOG credits
earned during any of the model years 2008 through 2010 when
demonstrating compliance.

37.3.4 ZEV Requirements

Each manufacturer shall comply with the Zero Emission Vehicle sales
requirement in Rhode Island and based on Rhode Island total vehicle
sales, as set forth in Title 13 CCR 1962. Compliance with the Zero
Emission Vehicle sales requirement shall be required for model year 2008
and subsequent model years.

	37.3.5  ZEV Credit Account Balances

(a)  Manufacturers may voluntarily establish ZEV credit account balances
by transferring ZEV credit balances for each ZEV credit account
maintained in California from California to Rhode Island at the
beginning of model year 2008.  This transfer will be performed only
after all credit obligations for model years 2007 and earlier have been
satisfied in California.  The manufacturer's California credit balances
shall be multiplied by the ratio of the average number of PCs and LDT1s
produced and delivered for sale in Rhode Island to the average number
PCs and LDT1s produced and delivered for sale in California in model
years 2000 through 2002 or, alternatively, by the ratio of PCs and LDT1s
produced and delivered for sale in Rhode Island to PCs and LDT1s
produced and delivered for sale in California in model year 2008.  In
either case, the time period used to determine the credit transfer ratio
will also be used to determine model year 2008 ZEV sales requirements in
Rhode Island.

(b)  As an alternative to the credit transfer method in section
37.3.5(a), manufacturers may voluntarily establish ZEV credit balances
by transferring ZEV credit balances for each ZEV credit account
maintained in California from California to Rhode Island that existed at
the beginning of model year 2005. The manufacturer's California credit
balances shall be multiplied by the ratio of the average number of PCs
and LDT1s produced and delivered for sale in Rhode Island to the average
number of PCs and LDT1s produced and delivered for sale in California in
model years 2000 through 2002 or, alternatively, by the ratio of PCs and
LDT1s produced and delivered in Rhode Island to PCs and LDT1s produced
and delivered in California in model year 2005. This transfer will be
performed only after all credit obligations for model years 2004 and
earlier have been satisfied in California. If the average number of PCs
and LDT1s produced and delivered in 2000 through 2002 is used to
determine the credit transfer ratio, that time period will be used to
determine the model year 2008 ZEV sales requirement.  If the number of
PCs and LDT1s produced and delivered in model year 2005 is used to
determine the credit transfer ratio, model year 2008 will be used to
determine model year 2008 ZEV requirements.

(c)  Each ZEV credit account established under section 37.3.5(b) shall
be adjusted by subtracting any credit expenditures in California in
model years 2005 through 2007. The credit expenditure adjustment will
equal the difference between the model year 2008 California ZEV credit
account balance and the model year 2005 California ZEV credit account
balance, multiplied by the ZEV credit account transfer ratio determined
in accordance with section 37.3.5(b).  This calculation shall be
performed only after all credit obligations for model years 2007 and
earlier have been satisfied in California.  If the model year 2008
credit balance for an account is equal to or greater than the model year
2005 credit balance for the account, no credit expenditure adjustment
shall be made.

(d)  All ZEV credit accounts established under section 37.3.5(b) shall
be adjusted by adding ZEV credits earned in Rhode Island in model years
2005 through 2007.   Rhode Island ZEV credits are determined in
accordance with California ZEV credit rules for the same model year and
are subject to the same multipliers.  Credits earned in accordance with
this section are also subject to an additional Rhode Island multiplier
of 1.25.

(e)  AT-PZEV credit accounts established under section 37.3.5(b) may be
adjusted by adding excess PZEV credits earned in California and applied
as AT-PZEV credits under Title 13 CCR 1962(b)(2)(D).  AT-PZEV credits
shall be transferred using the ZEV credit account transfer ratio
determined in accordance with section 37.3.5(b).  AT-PZEV credits may be
used for meeting a manufacturer's ZEV obligations during model years
2008 and 2009.

(f)  Each manufacturer electing to transfer credits under section
37.3.5(b) shall offer for sale or lease in model years 2006 through 2011
in Rhode Island any PZEV, AT-PZEV, or ZEV, except Type III ZEVs, offered
in California through model year 2011 in accordance with Title 13 CCR
1962(b)(2), that is offered for sale or lease in California. To comply
with this requirement, manufacturers shall make a good faith effort to
offer vehicles in numbers that are approximately equal to the ratio of
sales demand in Rhode Island to the sales demand in California.

(g)  Type III ZEVs produced and delivered for sale in Rhode Island,
California and any state that is administering the California ZEV
requirement pursuant to section 177 of the federal Clean Air Act may be
credited as allowed by Title 13 CCR 1962(d)(5)(D).  Type III ZEVs
produced and delivered for sale in California and any state that is
administering the California ZEV requirement pursuant to section 177 of
the federal Clean Air Act shall not be subject to the credit account
transfer ratio calculated in sections 37.3.5 (a) through (d).

(h)  Each manufacturer electing to transfer credits under section
37.3.5(b) shall notify the Department of its intent to do so within 60
days of the effective date of this regulation.

(i)  Until such time as NEVs can be legally registered in Rhode Island,
manufacturers that generate ZEV credits in California through the sale
of NEVs shall receive Rhode Island credits for those sales.  Credits
will be transferred annually using the ZEV credit account transfer ratio
determined in accordance with either section 37.3.5(a) or 37.3.5(b), as
applicable to the manufacturer.  For manufacturers electing to transfer
credits under section 37.3.5(b), NEV credits will be transferred
beginning in model year 2005.

37.3.6  Anti-tampering Provisions

(a)  No person shall disconnect, modify, or alter any emission-related
part, except for purposes of repair or replacement.

(b)  No person shall operate or leave standing upon any highway any
motor vehicle subject to this regulation and required to be equipped
with an emission control device meeting the standards of this
regulation, or subject to the motor vehicle pollution control device
requirements pursuant to the Clean Air Act, 42 U.S.C. Section 7401 et
seq., inclusive, and the standards and requirements promulgated
thereunder, unless the motor vehicle is equipped with the required motor
vehicle pollution control device which is correctly installed and in
operating condition.

	37.3.7  Exemptions

(a)  Motor vehicles held for daily lease or rental to the general public
or engaged in interstate commerce which are registered and principally
operated outside the State of Rhode Island, shall not be subject to the
requirements of sections 37.3.

	(b)  Motor vehicles defined as test vehicles, as emergency vehicles, or
qualifying for exemption under Section 43656 of the California Health
and Safety Code, incorporated herein by reference, shall not be subject
to the requirements of sections 37.3.

	(c)  Motor vehicles purchased by a nonresident prior to establishing
residency in the State of Rhode Island; or

	(d)  Motor vehicles transferred by inheritance, or by decree of
divorce, dissolution or legal separation entered by a court of competent
jurisdiction; or

	(e)  Motor vehicles acquired by a resident of the State for the purpose
of replacing a vehicle registered to said resident which was damaged or
inoperative, beyond reasonable repair, or was stolen while out of the
State; provided that such replacement vehicle is acquired out of the
state at the time the previously registered vehicle became damaged or
inoperative, beyond reasonable repair, or was stolen.

37.4  Vehicle Testing

	37.4.1  New Vehicle Certification Testing

(a)  All new vehicle models subject to this regulation, sold or leased
in the State of Rhode Island, must be certified as meeting the motor
vehicle emission requirements of Title 13 CCR 1960.1, 1960.5, 1961,
1961.1, 1962, 1962.1, 1965, 1968.1, 1968.2, 1968.5, 1976, 1978, 2037,
2038, 2062, 2101, 2111, and 2235, incorporated herein by reference, as
determined by testing conducted in accordance with the testing
procedures incorporated in said Section of Title 13. Testing reports
must be provided to the Department upon request.

	(b)  For the purposes of compliance with section 37.4.1(a), New Vehicle
Certification Testing determinations and findings made by CARB shall be
applicable.

	37.4.2  Assembly Line Testing.

(a)  All manufacturers of new vehicles subject to this regulation, shall
conduct Inspection Testing and Quality Audit Testing in accordance with
Title 13 CCR 2062, and incorporated herein by reference. Testing reports
must be provided to the Department upon request.

(b)  For the purposes of compliance with section, 37.4.2(a) Inspection
Testing and Quality Audit Testing determinations and findings made by
CARB shall be applicable. 

(c)  In the event that a vehicle manufacturing facility which
manufactures vehicles certified to the California standards, for sale in
Rhode Island, is not subject to the above Inspection Testing and Quality
Audit Testing requirements of CARB, the Department may, after
consultation with CARB, require Inspection Testing and Quality Audit
Testing at such facility in accordance with Title 13 CCR 2062, 2106,
2107, and 2150, and incorporated herein by reference; provided that upon
a manufacturer's written request and demonstration of need, functional
testing pursuant to the procedures incorporated in Title 13 CCR 2062 of
a statistically significant sample may substitute for the 100% testing
rate in Title 13 CCR 2062, with the written consent of the Department.

37.4.3  New Vehicle Compliance Testing

(a)  New vehicle models subject to this regulation, prior to their being
offered for sale or lease in the State of Rhode Island, must meet the
motor vehicle emission requirements of Title 13 CCR 1961, as determined
by New Vehicle Compliance Testing, conducted in accordance with Title 13
CCR 2101 - 2110, 2150, and 2151, and incorporated herein by reference.
Testing reports must be provided to the Department upon request.

	(b)  For the purpose of compliance with section 37.4.3(a), New Vehicle
Compliance Testing determinations and findings made by CARB shall be
applicable.

	37.4.4  In-Use Vehicle Enforcement Testing

(a)  For purposes of detection and repair of vehicles subject to this
regulation failing to meet the motor vehicle emission requirements of
Title 13 CCR 1961, the Department may conduct, after consultation with
CARB, In-Use Vehicle Enforcement Testing in accordance with the protocol
and testing procedures in Title 13 CCR 2140, and incorporated herein by
reference. Testing reports must be provided to the Department upon
request.

	(b)  For the purposes of compliance with section 37.4.4(a), In-Use
Vehicle Enforcement Testing determinations and findings made by CARB
shall be applicable.

	37.4.5  In-Use Surveillance Testing

	(a)  For the purposes of testing and monitoring the overall
effectiveness in the State of Rhode Island of the program set forth in
this regulation in controlling emissions, the Department may conduct
In-Use Surveillance Testing after consultation with CARB.

	(b)  For the purposes of program planning and analysis, In-Use
Surveillance Testing determinations and findings made by CARB shall be
applicable.

37.5	Warranty

37.5.1  All manufacturers of new vehicles which are sold, leased,
offered for sale or lease, or registered in the State of Rhode Island
shall warrant to the owner that each vehicle shall comply over its
period of warranty coverage with all requirements of Title 13 CCR 2035 -
2038, 2040, and 2041, and incorporated herein by reference.

All manufacturers shall submit to the Department, upon request, Failure
of Emission-Related Components reports as defined at Title 13 CCR 2144,
for vehicles subject to this regulation, in compliance with the
procedures in Title 13 CCR, and incorporated herein by reference.

37.5.2  For purposes of compliance with section 37.5.1, manufacturers
may submit copies of the Failure of Emission-Related Components reports
that are submitted to the California Air Resources Board in lieu of
submitting reports for vehicles subject to this regulation.

37.6  Reporting Requirements

37.6.1 Commencing with the 2008 model year, each manufacturer shall
submit annually, to the Department, by no later than March 1 of the
calendar year following the close of the completed model year, a report
documenting total deliveries for sale of vehicles in each test group
over that model year, in the State.

37.6.2 Commencing with model year 2011, each manufacturer shall submit
annually to the Department, by no later than March 1 of the calendar
year following the close of the completed model year, a report, prepared
according to the procedures in Title 13, CCR Section 1961 calculating
the Fleet-wide Non-Methane Organic Gas Exhaust Emission Average for the
model year just ended.

37.6.3  For the purposes of determining if vehicles qualify for
exemption under section 37.3.7, the Department may require any motor
vehicle manufacturer or dealer of vehicles subject to this regulation to
submit any documentation the Department deems necessary for the
effective administration and enforcement of this regulation.

37.6.4  Commencing with the 2009 model year, each manufacturer shall
submit annually, to the Department, by no later than March 1 of the
calendar year following the close of the completed model year, a report
documenting the fleet average greenhouse gas exhaust emission levels for
passenger cars, light-duty trucks and medium-duty passenger vehicles,
delineated by model type, that are produced and delivered for sale in
the State of Rhode Island, as determined in accordance with the
provisions set forth in CRR, Title 13, section 1961.1.   

37.7  Enforcement

37.7.1  The Department may conduct inspection and surveillance of new
and used motor vehicles for the purposes of compliance with the
requirements set forth in section 37.3.

(a)  Inspections by the Department or its agents, pursuant to section
37.7.1 may be conducted on any premises owned, operated, used, leased,
or rented by any vehicle dealer. Said inspection may extend to all
emission-related parts and operation and may require the on premises
operation and testing of an engine or vehicle, and inspection of any
related records, including records of emission related part repair
performed under warranty.

	(b)  The Department or its agents may perform functional tests,
steady-state tests, and other tests as reasonably necessary.  In
addition, the California Motor Vehicle Inspection program emissions
tests standards in Title 13 CCR 2176, and incorporated herein by
reference, applicable to the appropriate model year vehicle, may be used
by the Department to verify compliance with section 37.

37.7.2  Any order or enforcement action taken by CARB, to correct
noncompliance with any Section of Title 13, which results in the recall
of any vehicle pursuant to Title 13 CCR 2109-2135, incorporated herein
by reference, shall be applicable to all vehicles subject to this
regulation, except where the manufacturer demonstrates to the
Department's satisfaction within 21 days of issuance of said CARB
action, that said action is not applicable to said vehicles.

37.7.3  Any voluntary or influenced emission-related recall campaign
initiated by any manufacturer pursuant to Title 13 CCR 2113 - 2121 shall
extend to all applicable vehicles subject to this regulation, except
where the manufacturer demonstrates to the Department's satisfaction
within 21 days of CARB approval of the campaign, that said campaign is
not applicable to said vehicles in Rhode Island.

37.7.4  The Department shall enforce the requirements of this regulation
in accordance with Title 13 CCR, and applicable federal and Rhode Island
law.

General Provisions

Purpose

The purpose of this regulation is to specify the requirements for Rhode
Island’s Low Emissions Vehicle Program.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Rhode Island’s Low Emissions Vehicle
Program”, as amended, after due notice, is hereby adopted and filed
with the Secretary of State this ___29th__ day of __June_________, 2007_
to become effective twenty (20) days thereafter, in accordance with the
provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General
Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	   March 23, 2007

Filing Date:	June 29, 2007

Effective Date:  July 19, 2007

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