STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 42

HEAVY-DUTY DIESEL ENGINE STANDARDS

Effective 10 January 2002

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. 42

HEAVY-DUTY DIESEL ENGINE STANDARDS

TABLE OF CONTENTS

  TOC \o "1-4" \t "Heading 2,2,Heading 3,3"  42.1.	Definitions	1

42.2	Applicability	4

42.3	Requirements for Motor Vehicle Registration and Transactions.	4

42.4	Exemptions	5

42.5	Manufacturer Compliance with California Orders and Voluntary
Recalls	6

42.6	General Provisions	6

 



RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 42

HEAVY-DUTY DIESEL ENGINE STANDARDS

Heavy-Duty Diesel Engine Standards

42.1	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:

“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 43100, 43101 & 43102 et seq.

“California Standards” means those emission standards for motor
vehicles and new motor vehicle engines that the state of California has
adopted and for which it has received a waiver from the United States
Environmental Protection Agency 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.

“CCR” shall mean the California Code of Regulations

“Certification” means a finding issued by CARB certifying that a
specified engine family or model year motor vehicle has met all
applicable Title 13 CCR requirements for certification and sale in
California.

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

“Dealer” means every person actively engaged in the business of
buying transferring, leasing, selling or exchanging motor vehicles and
who has an established place of business.

42.1.7	“Division of Motor Vehicles” or “DMV” means the Division
of Motor Vehicles of the Rhode Island Department of Administration.

42.1.8	“Emergency vehicle” shall have the same meaning, usage and
application that it has developed under the heavy-duty diesel engine
program adopted by CARB on December 8, 2000.

42.1.9	“Emissions-related part” means any automotive part, which
affects any regulated emissions from a motor vehicle which is subject to
California or federal emission standards.  This includes, at a minimum,
those parts specified in the “Emissions-Related Parts List,” adopted
by CARB on November 4, 1977, as is or as amended.

42.1.10	“Executive order” means a document issued by CARB certifying
that a specified engine family or model year motor vehicle has met all
applicable Title 13 CCR requirements for certification and sale in
California.

42.1.11	“Gross vehicle weight rating” shall have the same meaning,
usage and application that it has developed under the heavy-duty diesel
engine program adopted by CARB on December 8, 2000.

42.1.12	“Heavy-duty diesel engine” means a diesel engine that is
used to propel a motor vehicle with a Gross Vehicle Weight Rating of
14,001 pounds or greater.

42.1.13	“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.

42.1.14	“Manufacturer” means any person who produces and/or
assembles heavy-duty diesel engines or motor vehicles.

42.1.15	“Manufacturers advisory correspondence” means a policy
document issued by CARB, which interprets the application of the CCR to
motor vehicles.

42.1.16	“Military tactical vehicle or equipment” shall have the same
meaning, usage and application that it has developed under the
heavy-duty diesel engine program adopted by CARB on December 8, 2000.

42.1.17	“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 motor vehicle manufactured in two or more stages, the time
of manufacture shall be the date of completion of the chassis.

42.1.18	“Motor vehicle” shall have the same meaning, usage and
application that it has developed under the heavy-duty diesel engine
program adopted by CARB on December 8, 2000.

42.1.19	“New motor vehicle” means a motor vehicle, the equitable or
legal title to which has never been transferred to an ultimate
purchaser.

42.1.20	“New motor vehicle engine” means a new engine in a motor
vehicle.

42.1.21	“Recall” means:

a manufacturer’s issuing of notices directly to consumers that motor
vehicles in their possession or control should be corrected;

a manufacturer’s efforts to actively locate and correct motor vehicles
in the possession or control of consumers.

42.1.22	“Recall campaign” means a plan approved by CARB or the
Department, by which a manufacturer will recall non-complying motor
vehicles.

42.1.23	“Section 1956.8” means Title 13, Division 3, Chapter 1,
Article 2, section 1956.8 of the California Code of Regulations.

42.1.24	“Title 13” means Title 13 of the California Code of
Regulations.

42.1.25	“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.

42.1.26	“Ultra-small volume manufacturer” means any manufacturer
with California sales less than or equal to 300 new passenger cars,
light duty trucks, medium-duty vehicles, heavy-duty vehicles, and
heavy-duty engines per model year based on the average number of
vehicles and engines sold by the manufacturer in the previous three
consecutive model years.

42.1.27	“Urban bus” means a passenger-carrying motor vehicle powered
by a heavy-duty diesel engine, or of a type normally powered by a
heavy-duty diesel engine, with a load capacity of fifteen (15) or more
passengers and intended primarily for intra-city operation, i.e., within
the confines of a city or greater metropolitan area. Urban bus operation
is characterized by short rides and frequent stops.  To facilitate this
type of operation, more than one set of quick-operating entrance and
exit doors would normally be installed.  Since fares are usually paid in
cash or token, rather than purchased in advance in the form of tickets,
urban buses would normally have equipment installed for the collection
of fares.  Urban buses are also typically characterized by the absence
of equipment and facilities for long distance travel, e.g., restrooms,
large luggage compartments, and facilities for stowing carry-on luggage.

Applicability

The Department hereby adopts all sections of the California
certification of model years 2005 and 2006 for heavy-duty diesel engines
certifying that the engine complies with Section 1956.8.

This regulation shall apply to all model year 2005 and 2006 heavy-duty
diesel engines and to new motor vehicles containing such engines.

The Department shall apply technical guidance issued by CARB relative to
the implementation of Title 13, including but not limited to
Manufacturers Advisory Correspondences and Mail Outs regarding motor
vehicles subject to this regulation.

Requirements for Motor Vehicle Registration and Transactions

No new motor vehicle equipped with a 2005 or 2006 model year heavy-duty
diesel engine may be registered with the Division of Motor Vehicles
unless the applicant presents documentation showing that an Executive
Order has been issued for such engine, certifying that the engine
complies with Section 1956.8.

No person who is a resident of this state, or who operates an
established place of business within this state, shall:

sell, lease, rent, import, deliver, purchase, acquire, or receive in
this state any heavy-duty diesel engine or motor vehicle subject to
these regulations; or,

offer for sale, lease, or rental in this state any heavy-duty diesel
engine or motor vehicle subject to these regulations; or,

attempt or assist in any action prohibited by Sub-paragraphs (a) or (b),
above,

	unless the manufacturer of the engine has received an Executive Order
certifying that the engine complies with Section 1956.8.

The Department may require a motor vehicle manufacturer or dealer of
motor vehicles subject to this regulation to submit documentation to
demonstrate their compliance with any Executive Order..

Exemptions	

Notwithstanding section 42.3 et seq., this regulation shall not apply
to:

A model year 2005 or 2006 heavy-duty diesel engine manufactured by an
ultra-small volume manufacturer;

An heavy-duty diesel engine installed in an urban bus;

An engine if, following a technology review, the California Air
Resources Board determines that it is inappropriate to require
compliance for heavy-duty diesel engines of that particular model year
and engine family;

A motor vehicle acquired by a resident of this state to replace a motor
vehicle registered to such resident  that was:

damaged; or,

became inoperative beyond reasonable repair; or,

was stolen while out of this state; provided that the replacement motor
vehicle is acquired out of state at the time the previously owned motor
vehicle was either damaged or became inoperative or was stolen;

A motor vehicle with an engine that predates these standards that was
transferred by inheritance, or by a decree of divorce, dissolution, or
legal separation entered by a court of competent jurisdiction;

A motor vehicle having a certificate of conformity issued pursuant to
the Clean Air Act (42 U.S.C. §7401 et seq.) and originally registered
in another state by a resident of that state who subsequently
establishes residence in this state and who, upon registration of the
motor vehicle in this state provides satisfactory evidence to the
Division of Motor Vehicles of the previous residence and registration;

An emergency vehicle;

A military tactical vehicle or equipment; or

Any other motor vehicles exempted by the California Health and Safety
Code, section 43656.

Manufacturer Compliance with California Orders and Voluntary Recalls

 Any order or enforcement action taken by the California Air Resources
Board to correct noncompliance with any heavy-duty diesel engine
requirements adopted by such Board on December 8, 2000 shall be
applicable to all such engines and motor vehicles subject to this
regulation that are: sold, leased, or rented; offered for sale, lease,
or rental or; registered in Rhode Island, except where the manufacturer
demonstrates to the Department’s satisfaction, within 21 days of
issuance of such California Air Resources Board action, that this action
is not applicable to such engines or motor vehicles in the State of
Rhode Island.

42.5.2	Any voluntary or influenced emission-related recall campaign
initiated by any manufacturer pursuant to Title 13, sections 2113
through 2121 of the California Code of Regulations shall extend to all
applicable engines and motor vehicles subject to this regulation that
are: sold, leased, or rented; offered for sale, lease or, rental or;
registered in the State of Rhode Island, except where the manufacturer
demonstrates to the Department’s satisfaction, within 21 days of
approval of the campaign by the California Air Resources Board, that
this campaign is not applicable to such engines or motor vehicles in the
State of Rhode Island.

General Provisions

Purpose

The purpose of this regulation is to adopt emissions standards for
mobile source heavy-duty diesel engines.

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, "Heavy-Duty Diesel Engine Standards”, as
amended, after due notice, is hereby adopted and filed with the
Secretary of State this ______29, th___ 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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