250-RICR -120-05-37 
TITLE 25 0 – DEPARTMENT OF ENVIRONMENTAL MANAGEMENT  
CHAPTER 120 – AIR RESOURCES  
SUBCHAPTER 05  – AIR POLLUTION CONTROL  
PART 37 – Rhode Island's Low -Emission and Zero -Emission Vehicle Program s 
37.1 Purpose  and Authority  
37.1.1 Purpose  
 The purpose of this regulation is to specify the requirements for Rhode Island’s 
Low-Emission and Zero -Emission Vehicle Program s that implement California 
vehicle emission standa rds under section 177 of the federal Clean Air Act . 
37.1.2 Authority  
 These regulations are authorized pursuant to R.I. Gen. Laws § 42 -17.1-2(19) and 
R.I. Gen. Laws Chapter 23 -23, and  have been promulgated pursuant to the 
procedures set forth in the Rhode Island Administrative Procedures Act, R.I. 
Gen. Laws Chapter 42 -35. Pursuant to the authority in 42 U.S.C. § § 7507 and 
7543, Rhode Island is adopting California Air Resources Board ve hicle 
standards.  
37.2 Application  
 The terms and provisions of this regulation shall be liberally construed to permit 
the Department to effectuate the purposes of state law s, goals and policies.  
37.3 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.  
37.4 Incorporated Materials  
A. These regulations hereby adopt and incor porate 40 C.F.R. § 86.1827 -01 (2018), 
40 C.F.R.  § 86, Subpart S (2016)  by reference, not including any further editions 
or amendments thereof and only to the extent that the provisions therein are not 
inconsistent with these regulations.  
B. Pursuant to 42 U.S.C. § 7507 , Tthese regulations hereby adopt and incorporate  
certain  sections of 13 and 17  California Code of Regulations  as noted below in  
 Tables 1 and 2 by reference, not including any further editions or amendments 
thereof and only to the extent that the provisions therein are not inconsistent with 
these Regulations .California Air Resources Board,  13 CCR  
1. As authorized b y 42 U.S.C. § 7507,  Ffor the purpose of applying the 
incorporated sections of the CCR, unless clearly inappropriate or 
alternatively defined in this regulation, "California" shall mean "Rhode 
Island" unless the context clearl y indicates otherwise. For example, 
"delivered for sale in California" and "place d in service in California" shall 
mean vehicles "delivered for sale in Rhode Island" or "placed in service " 
are interpreted, except for determinations of whether a manufacturer is a 
large, medium, small, independent, low volume, or low volume 
manufacturer, as referring to vehicles in "Rhode I sland".  
Table 1  
Title 13 CCR  Title  
Division 3  Air Resources Board  
Chapter 1  Motor Vehicle Pollution Control Devices.  
Article 1  General Provisions.  
1900  Definitions . 2022  
1904  Applicability to Vehicles Powered by 
Fuels Other Than Gasoline or Diesel.   
Article 2  Approval of Motor Vehicle Pollution Control Devices (New 
Vehicles)  
1956.8  Exhaust Emissions Standards and Test 
Procedures - 1985 and Subsequent 
Model Heavy -Duty Engines and 
Vehicles, 2021 and Subsequent Zero -
Emission Powertrains, and 2022 
Subsequent Model Heavy -Duty Hybrid 
Powertrains.  2022  
1960.1  Exhaust Emissions Standards and Test 
Procedures - 1981 through 2006 Model 
Passenger Cars, Light -Duty Trucks and 
Medium -Duty Vehicles  2012   
 Title 13 CCR  Title  
1960.5  Certification of 1983 and Subsequent 
Model -year Federally Certified Light -
Duty Motor Vehicles for Sale in 
California.  2002  
1961  Exhaust Emission Standards and Test 
Procedures – 2004 through 2019  Model 
Passenger Cars, Light -Duty Trucks, and 
Medium -Duty Vehicles.  2012  
1961.1  Greenhouse Gas Exhaust Emission 
Standards and Test Procedures – 2009  
through 2016  Passenger Cars, Light -
Duty Trucks, and Medium -Duty 
Vehicles.  2012  
1961.2  Exhaust Emission Standards and Test 
Procedures – 2015 through 2025  Model 
Passenger Cars, Light -Duty Trucks, and  
2015 through 2028 Model Year  
Medium -Duty Vehicles.  2022  
1961.3  Greenhouse Gas Exhaust Emission 
Standards and Test Procedures – 2017 
and Subsequent Model Passenger 
Cars, Light -Duty Trucks, and Medium -
Duty Passenger Vehicles.  2022  
1961.4  Exhaust Emission Standards and Test 
Procedures - 2026 and Subsequent 
Model Passenger Cars, Light -Duty 
Trucks, and Medium -Duty Vehicles.  2022  
1962  Zero-Emission Vehicle Standards for 
2005  through 2008 Model Year 
Passenger Cars,  Light -Duty Trucks, and 
Medi um-Duty Vehicles . 2010  
1962.1  Zero-Emission Vehicle Standards for 
2009 through 2017 Model Year 2016   
 Title 13 CCR  Title  
Passenger Cars, Light -Duty Trucks, and 
Medium -Duty Vehicles . 
1962.2  Zero-Emission Vehicle Standards for 
2018 through 2025  Model Year 
Passenger Cars, Light -Duty Trucks, and 
Medium -Duty Vehicles,  2022  
1962.3  Electric Vehicle Charging 
Requirements . 2022  
1962.4  Zero-Emission Vehicle Requirements  
for 202 6 and Subsequent Model Year 
Passenger Cars and Light -Duty Trucks.  2022  
1962.5  Data Standardization Requirements for 
2026 and Subsequent Model Year 
Light -Duty Zero Emission Vehicles and 
Plug-in Hy brid Electric Vehicles.  2022  
1962.6  Battery Labeling Requirements.  2022  
1962.7  In-Use Compliance, Corrective Action 
and Recall Pro tocols for Zero Emission 
for 202 6 and Subsequent Model Year 
Passenger Cars and Light -Duty Trucks.  2022  
1962.8  Warranty Requirements for Zero 
Emission and Batteries in Plug -in Hybrid 
Electric 2026 and Subsequent Model 
Year Passenger Cars and Light -Duty 
Trucks.  2022  
1963  Advanced Clean Trucks Purpose, 
Applicability, Definitions , and General 
Requirements.  2021  
1963.1  Advanced Clean Trucks Deficits.  2021  
 Title 13 CCR  Title  
1963.2  Advanced Clean Trucks Credit 
Generation, Banking, and Trading.  2021 
1963.3  Advanced Clean Trucks Compliance 
Determination.  2021 
1963.4  Advanced Clean T rucks Reporting and 
Recordkeeping.  2021 
1963.5(a)(1) 
through (3)  Advanced Clean Trucks Enforcement.  2021 
1964  Special Test Procedures for 
Certification and Compliance - New 
Modifier Certified Motor Vehicles.  2022  
1965  Emission Control, Smog Index, and 
Environmental Performance Labels – 
1979 and Subsequent Model -year 
Motor Vehicles.  2022  
1968.1 Malfunction and D iagnostic System 
Requirements – 1994 and Subsequent 
Model -year Passenger Cars, Light -Duty 
Trucks and Medium -Duty Vehicles and 
Engines.  1999  
1968.2  Malfunction and Diagnostic System 
Requirements - 2004 and Subsequent 
Model -year Passenger Cars, Light -Duty 
Trucks, and Medium -Duty Vehicles and 
Engines.  2022  
1968.5  Enforcement of Malfunction and 
Diagnostic System Requirements for 
2004 and Subsequent Model Year 
Passenger Cars, Light -Duty Trucks, and 
Medium -Duty Vehicles and Engines.  2016   
 Title 13 CCR  Title  
1969  Motor Vehicle Se rvice Information - 
1994 and Subsequent Model Passenger 
Cars, Light -Duty trucks, and Medium -
Duty engines and vehicles, and 2007 
and Subsequent Model Heavy -Duty 
Engines.  2022  
1971.1  On-board Diagnostic System 
Requirements - 2010 and Subsequent 
Model -year Heavy -Duty Engines.  2022  
1976  Standards and Test Procedures for 
Motor Vehicle Fuel Evaporative 
Emissions.  2022  
1978  Standards and Test Procedures for 
Vehicle Refueling Emissions.  2022  
Article 6  Emission Control System Warranty.  
2035  Purpose, Applicability, and Definitions.  2022  
2036  Defects Warranty Requirements for 
1979 Through 1989 Model Passenger 
Cars, Light -Duty Trucks, and Medium -
Duty Vehicles; 1979 and Subsequent 
Model Motorcycles and Heavy -Duty 
Vehicles; and Motor Vehicle Engines 
Used in Such Vehicles; and 2020 and 
Subsequent Model Year Trailers.  2022  
2037  Defects Warranty Requirements for 
1990 and Subsequent Model Passenger 
Cars, Light -Duty Trucks,  Medium -Duty 
Vehicles, and Motor Vehicle Engines 
Used in Such Vehicles.  2022  
2038  Performance Warranty Requirements 
for 1990 and Subsequent Model 
Passenger Cars, Light -Duty Trucks, and 2022   
 Title 13 CCR  Title  
Medium -Duty Vehicles and Motor 
Vehicle Engines Used in Such Vehicles.  
2039  Emissions Control System Warranty 
Statement.  1990  
2040  Vehicle Owner Obligations.  2019  
2041  Mediation; Finding of Warrantable 
Condition.  1990  
2046  Defective Catalyst.  2022  
Article 7  Procedures for Certifying Used Modifier -
Certified Motor Vehicles and Licensing 
Requirements for Vehicles  Emission  
Test Laboratories.   
2047  Certification Procedures for Used 
Modifier -certified Motor Vehicles.  2022  
Chapter 2  Enforcement of Vehicle Emission Standards and Surveillance 
Testing.  
Article 1  Assembly -Line Testing.  
2062  Assembly -line Test Procedures - 1998 
and Subsequent Model Years.  2012  
Article 1.5  Enforcement of Vehicle Emission Standards and Surveillance 
Testing for 2005 and Subsequent Model Year Heavy -Duty 
Engines and Vehicles.  
2065  Applicability of Chapter 2 to 2005 and 
Subsequent Model Year Heavy -Duty 
Engines and Vehicles.  2019 
Article 2  Enforcement of New and In -Use Vehicle Standards.   
 Title 13 CCR  Title  
2101  Compliance Testing and Inspection - 
New Vehicle Selection, Evaluation, and 
Enforcement Action.  1999  
2109  New Vehicle Recall Provisions.  1983  
2110  Remedial Action for Assembly -line 
Quality Audit Testing of Less Than a 
Full Calendar Quarter of Production 
Prior to the 2001 Model Year.  1999  
Article 2.1  Procedures for In -Use Vehicle Voluntary and Influenced Recalls.  
2111  Applicability.  2022 
2112  Definitions.  2022  
 Appendix A to Article 2.1.  
2113  Initiation and Approval of Voluntary and 
Influenced Emission -related Recalls.  2022  
2114  Voluntary and Influenced Recall Plans.  2022  
2115  Eligibility for Repair.  2022  
2116  Repair Label.  2022  
2117  Proof of Correction Certificate.  2022  
2118  Notification.  2022  
2119  Recordkeeping and Reporting 
Requirements.  2022  
2120  Other Requirements Not Waived.  1995  
2121  Penalties.  2022   
 Title 13 CCR  Title  
Article 2.2  Procedures for In -Use Vehicle Ordered Recalls.  
2122  General Provisions  2010  
2123  Initiation and Notification of Ordered 
Emission -related Recalls  2022  
2125  Ordered Recall Plan.  2022  
2126  Approval and Implementation of Recall 
Plan.  2022  
2127  Notification of Owners.  2022  
2128  Repair Label.  2022  
2129  Proof of Correction Certificate.  2022  
2130  Capture Rates and Alternative 
Measures.  2022  
2131  Preliminary Tests.  2022  
2132  Communication with Repair Personnel.  1995  
2133  Recordkeeping and Reporting 
Requirements.  2022  
2134  Penalties.  1995  
2135  Extension of Time.  1995  
Article 2.3  In-Use Vehicle Enforcement Test Procedures.  
2136  General Provisions.  2022  
2137  Vehicle, Engine, and Trailer Selection.  2022   
 Title 13 CCR  Title  
2138  Restorative Maintenance.  2022  
2139  Testing.  2022  
2140  Notification and Use of Test Results.  2022  
Article 2.4  Procedures for Reporting Failures of Emission -Related 
Components.  
2141  General Provisions.  2022  
2142  Alternative Procedures.  2022  
2143  Failure Levels Triggering Recall and 
Corrective Action.  2022  
2144  Emission W arranty Information Report.  2022  
2145  Field Information Report.  2022  
2146  Emissions Information Report.  2022  
2147 Demonstration of Compliance with 
Emission Standards . 2022  
2148  Evaluation of Need for Recall.  2022  
2149  Notification and Subsequent Action.  2022  
Article 5  Procedures for Reporting Failures of Emission -Related 
Equipment and Required Corrective Action.  
2166  General Provisions.  2022  
2166.1  Definitions.  2022  
2167  Required Recall and Corrective Action 
for Failures of Exhaust Aftertreatment 2022   
 Title 13 CCR  Title  
Devices, Onboard Computers or 
Systems, Urea Dosers, Hydrocarbon 
Injectors, Exhaust Gas Recirculation 
Valves, Exhaust Gas Recirculation 
Coolers, Turbochargers, Fuel Injectors.  
2168  Required Corrective Action and Recall 
for Emission -Related Component 
Failures.  2022  
2169  Required Recall or Corrective Action 
Plan.  2022  
2169.1  Approval and Implementation of 
Correc tive Action Plan.  2022  
2169.2  Notification of Owners.  2022  
2169.3  Repair Label.  2022  
2169.4  Proof of Correction Certificate.  2022  
2169.5  Preliminary Tests.  2022  
2169.6  Communication with Repair Personnel.  2022  
2169.7 Recordkeeping and Reporting 
Requirements.  2022  
2169.8  Extension of Time.  2022  
2170  Penalties.  2022  
Chapter 4  Criteria for the Evaluation of Motor Vehicle Pollution Control 
Devices and Fuel Additives  
Article 2  Aftermarket Parts  
2222  Add-On Parts and Modified Parts.  2022   
 Title 13 CCR  Title  
Chapter 4.4  Specifications for Fill Pipes and Openings of Motor Vehicle Fuel 
Tanks.  
2235  Requirements.  2012  
Table 2  
Title 17 CCR  Title  
Division 3  Air Resources  
Chapter 1  Air Resources Board.  
Subchapter 10  Climate Change.  
Article 4  Regulations to Achieve Greenhouse Gas Emission Reductions.  
Sub-article  12 Greenhouse Gas Emission Requirements for New 2014 and 
Subsequent Model Heavy -Duty Vehicles.  
95660  Purpose.  2022  
95661  Applicability.  2022  
95662  Definitions.  2022  
95663  Greenhouse Gas Exhaust Emission 
Standards and Test Proc edures for 
New 2014 and Subsequent Model 
Heavy -Duty Vehicles.  2022  
37.5 Definitions  
A. Unless otherwise expressly defined in this section, the terms used in this 
regulation shall be defined by reference to Part 0  of this Subchapter (General 
Definitions)  and, as authorized by 42 U.S.C. § 7507,  certain sections of 13 and 
17 CCR  incorporated by reference  in § 37.4(B) of this Part . As used in this 
regulation, the following terms shall, where the context permits, be construed as 
follows:   
 1. "2017 through 2025 Model Year National Greenhouse Gas Program" 
means the Environmental Protection Agency program that applies to new 
2021 through 2025 model year passenger cars, light -duty trucks, and 
medium duty passenger vehicles codified in 40 C .F.R. Part 86, Subpart S, 
incorporated in §  37.4(A) of this Part ."Add -on part " means  any aftermarket 
part which is not a modified part or a replacement part.  
2. "Aftermarket Part" means any part of a motor vehicle emission control 
system sold for installation on a vehicle after the original retail sale of the 
vehicle.   
3. "California -certified" means approved by CARB for sale in California.  
42. "California Air Re sources Board" or "CARB" means the California state 
agency established and empowered to regulate sources of air pollution in 
California, including motor vehicles, pursuant to Division 26 (Air 
Resources) of the California Hea lth & Safety Code . 
35. "Californ ia standards" means those emission standards for motor vehicles 
and new motor vehicle engines, in force and effect at the time of adoption 
of these regulations, that the State of California CARB has adopted and is 
permitted to adopt pursuant to the authority of 42 U.S.C. §  7543  and which 
other states are permitted to adopt pursuant to 42 U.S.C. § 7507.  
46. "CCR" means the California Code of Regulations . 
5. "Certification" means a finding by CARB, the U.S. Environmental 
Protection Agency, or the Department, that a motor veh icle, motor vehicle 
engine, or emission control system has satisfied the criteria adopted by 
CARB for the control of specified air contaminants from motor vehicles.  
6. "Certified device" means an emission control system for whic h a 
certification has been issued by the U.S. Environmental Protection 
Agency, CARB or the Department.  
7. "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.  
8. "Emergency v ehicle" means any publicly owned vehicle operated by a 
peace officer in p erformance of their duties, any authorized emergency 
vehicle used for fighting fires or responding to emergency fire calls , any 
publicly owned authorized  vehicle used by an emergency medical 
technician or paramedic, or used for towing or servicing other ve hicles, 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.  
9. "Emission control label" means a paper, plastic, metal or other permanent 
material, welded, riveted or otherwise permanently attached to an area 
within the engine  compartment (if any) or to the engine in such a way that 
it will be visible  to the average  person after installation of the engine  in 
new vehicles certified for sale in California, in accordance with 13 CCR , 
incorporated  by reference in § 37.4(B) of this Part.  
10 "Environmental performance  label" means a paper or plastic decal 
securely  affixed by the manufacturer to a window of all passenger cars, 
light-duty trucks, and medium -duty passenger vehicles which discloses 
the global warming and sm og score for the vehicle in accordance with 13  
CCR , incorporated by reference in § 37.4(B) of thi s Part.  
11. "Fleet average emission" means a vehicle manufacturer's  average vehicle 
emissions of all greenhouse gases, non -methane organic gases (NMOG), 
or NMOG plus oxides of nitrogen  (NOx), as applicable, from all new 
vehicles delivered for sale or lease  in Rhode Island in any model year.  
12. “Greenhouse gas” means any of the following gases: carbon dioxide, 
methane, nitrous oxide, and hydrofluorocarbons.  
13. "GHG Credit" means greenhouse gas credit.  
14. "Gross vehicle weight rating" or " GVWR" means the value specified by the 
vehicle manufacturer as the maximum designed loaded weight of a single 
vehicle, consistent with good engineering judgment.    
153. “Heavy -duty vehicle” means any motor vehicle having a manufacturer’s 
gross vehicle weight rating g reater than 6,000 pounds, except passenger 
cars. as defined in 13 CCR § 1900  or 17 CCR § 95662, as applicable , 
incorporated by reference in § 37.4(B) of this Part.  
16. "Heavy -duty engine" means as defined in 13 CCR § 1900  or 17 CCR § 
95662, as applicable , incorporated by reference in § 37.4(B) of this Part.  
174. "Light -duty truck" means any  2000 and subsequent model motor vehicle 
certified to standards in  13 CCR §§ 1961(a)(1), 1961.2, or 1961.4 , 
incorporated by reference in § 37.4(B) of this Part ,  motor vehicle rated at 
8,500 pounds gross vehicle weight or less, and any other motor vehicle, 
rated at 6,000 pounds gross weight or less, that is designed primarily for 
purposes of transportation of property or is a derivative of such a vehicle, 
or is ava ilable with special features enabling off -street or off -highway 
operation and use.  
185. "LEV" means a low -emission vehicle.   
 196. "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.  
1207. "Manufacturer " means any independent low  volume , small, intermediate or 
large volume  vehicle  manufacturer , as defined in 13 CCR § 1900 , 
incorporated by reference in § 37.4(B) of this Part.  
21. "Manufacturers advisory correspondence" means a document issued by 
CARB, which is a policy interpretation for further clarification of the CCR 
applicable to motor vehicles.  
1822. “Medium -duty passenger vehicle engine ” means as def ined in 13 CCR § 
1900 or 17 CCR § 95662, as applicable , incorporated by reference in § 
37.4(B) of this Part. 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.  
a. 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 twelve (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  seventy -two ( 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.  
1923. “Medium -duty passenger vehicle” means any pre -1995 model year heavy -
duty v ehicle 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 13 CCR  § 1960. 1(h)(2)  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 13 CCR  § 1960.1(h)(1) , incorporated in § 37.4(B) of this Part  
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 13 CCR  §§ 1961(a)( 1) or 1962 , incorporated in § 
37.4(B) of this Part,  having a manufacturer’s gross vehicle weight rating  
 between 8,501 and 14,000 pounds. as defined in 13 CCR § 1900 , 
incorporated by reference in § 37.4(B) of this Part.  
24. "Medium -duty vehicle" means as defined in 13  CCR § 1900 or 17 CCR § 
95662, as applicable , incorporated by reference in § 37.4(B) of this Part.  
2025. "Model year" means a motor vehicle manufacturer's annual production 
period which includes January 1 of a calendar year or, if the manufact urer 
has no annual production period, the calendar year. In the case of any 
vehicle manufactured in two (2) or more stages, the time of manufacture 
shall be the date of completion of the chassis , except for a vehicle or 
engine subject to 17  CCR § 95662(a)( 16), incorporated by reference in § 
37.4(B) of this Part. . 
2126. "Motor v ehicle" 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.  
2227. "New vehicle" means any passenger car or light duty truck vehicle  with 
7,500 miles or fewer on its odometer.  
28. "Near -zero emission vehicle" or "NZEV" means one of the following:  
a. An on -road plug -in hybrid electric vehicle which has the same 
definition as that in 40 CFR § 86.1803 -01, amended on July 1, 
2011, incorporated by reference herein, that achieves all -electric 
range  as defined in 13 CCR § 1963(c)(1) , incorporated by 
reference in § 37.4(B) of this Part. ; or 
b. An on -road hybrid electric vehicle that has the capability to charge 
the battery from an off -vehicle conductive or inductive electric 
source and achi eves all -electric range as defined in 13  CCR § 
1963(c )(1), incorporated by reference in § 37.4(B) of this Part . 
2329. "NMOG  credit " means non -methane organic gas  credit . 
2430. “NMOG + NOx  credit ” means the combined emissions of non -methane 
organic gases and oxides of nitrogen  credit . 
2531. “NOx” means oxides of nitrogen.  
2632. "Passenger car" means any motor vehicle designed primarily for 
transportation of persons and having a design capacity of twelve persons 
or less.  
33. "Qualifying Community -based Clean Mobility Program " means a program 
determined by the  Department to qualify as a community -based clean  
 mobility program pursuant to guidance issued by the Department. The 
Department must determine that a program qualifies as a community -
based clean mob ility program before a manufacturer may earn vehicle 
value pursuant to the requirements of 13 CCR  § 1962.4 , incorporated by 
reference in § 37.4(B) of this Part.  
2734. "Recall" means:  
a. A manufacturer's The issuing of notices directly to consumers that 
vehicles in their possession or control should be corrected, and/or; 
b. A manufacturer's e Efforts to actively locate and correct vehicles in 
the possession or control of consumers.  
2835. "Recall campaign" mean s that plan approved by CARB or the Department, 
by which the manufacturer will affect  the recall of non -complying vehicles.  
36. "Smog index label" means a decal securely  affixed by the manufacturer to 
a window of all passenger car and light -duty trucks which discloses the 
smog index for the vehicle in accordance with 13 CCR § 1965 , 
incorporated by reference  in § 37.4(B) of this Part.  
29. "Test g roup" means a grouping of vehicles as defined by 40 C .F.R. § 
86.1827 -01, incorporated in § 37.4(A) of this Part . 
3037. "Tampering" means  removing, disconnection, or modifying any emissions 
controls systems, which renders one or more components ineffective. 
Examples include , but are  not limited to, the removal of the catalytic 
converter or light for the Malfunction Indicator Lamp (MIL), bypassing the 
Exhaust Gas Recirculation (EGR) valve, Air Injection, or Diesel Exhaust 
Fluid (DEF) systems, etc. Tampering also includes the installat ion of 
software, firmware, or other electric or mechanical devices that bypass, 
defeat, or otherwise render the vehicle's emissions control systems 
inoperative, including the use of simulators.   
38. "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 Manuf acturers Advisory Correspondence no. 83 -01. 
39. "Trailer" means as defined in 17 CCR § 95662 , incorporated by reference 
in § 37.4(B) of this Part.  
31. "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.   
 3240. "Used motor vehicle" means motor vehicle that is not a new motor vehicle.  
41. "VECs" means vehicle equivalent credits.  
42. "Vehicle or motor vehicle" means any passenger car, light -duty truck, 
medium -duty passenger vehicle, medium -duty vehicle, or heavy -duty 
vehicle as appropriate.  
3343. "Zero-Emission vehicle " or "ZEV" means a zero (0) emission vehicle. a 
vehicle that produces zero exhaust emission of any criteri a pollutant (or 
precursor pollutant) or greenhouse gas, excluding emissions from air 
conditioning systems, under any possible operational modes or conditions.  
44. "ZEV Credit " or "ZEV value" means a unit, expres sed numerically, 
generated in accordance with 13 CCR §§ 1962.2, 1962.4, and 1963.2 , 
incorporated by reference in § 37.4(B) of this Part.  
37.6 Applicability  
A. As authorized by 42 U.S.C. § 7507, certain sections of 13 and 17 CCR are 
incorporated by reference in § 37.4(B) of this Part . Wherever this regulation  
refers to 13 or 17 CCR without a reference to a spe cific section of the CCR, the 
reference is made to all those sections listed in, and that version of those 
subsections as of the operative/effe ctive dates provided for in  Table 1 or Table 2  
in § 37.4 of this Part , respectively . 
B. Wherever this Part refers to a specific section of the CCR, the reference is made 
to that version of the section as of the effective date provided for in Table 1 or 
Table 2 in § 37.4 of this Part.  
The tailpipe emissions, evaporative emissions, zero emission vehicle, and rel ated 
provisions of this regulation shall apply to all 2008 and subsequent model year 
passenger cars, light -duty trucks, and 2009 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.  
37.7 New Vehicle Emission Requirements  
A. No person, including  a manufacturer or dealer, shall deliver  for sale or lease, 
offer for sale or lease, sell or lease, import, acquire, receive, pur chase, or rent a 
new vehicle that is a 2000 or subsequent model -year passenger car or light -duty 
truck or a 2004 or subsequent  model year medium -duty vehicle in Rhode Island 
unless the vehicle is California -certified and complies with the following criteri a: 
 1. The exhaust emission standards, as applicable in 13 CCR  
including:   
 a. Low Emission Vehicle Program , §§ 1900, 1956.8, 1960 .1, 1961, 
1961.2, and 1961. 4; 
b. The Greenhouse Gas Emission Standards Program, §§ 1961.1 and 
1961.3, and;  
c. The Zero Emission Vehicle Program, §§ 1962, 1962.1, 1962.2, 
1962. 4, 1962.5, and 1962.6.  
 2. The emission control label requirements, the smog index label or 
the environmental  performance label requirements for 2002  through 2009 
model year  vehicles, and the environmental performance label 
requirements for 2010 and subsequent model year vehicles in accordance 
with 13 CCR § 1965 . 
 3. The evaporative emissions standards in 13  CCR § 1976. 
 4. The refueling emissions standards in 13  CCR § 1978.  
 5. The malfunc tion and diagnostic system requirements in 13 C CR §§ 
1968.1 and 1968.2.  
 6. The assembly -line testing procedure requirements in 13 CCR § 
2062.  
 7. The specifications for fill pipes and openings of motor vehicle fuel tanks 
in 13 CCR § 2235.  
B. Effective for model year 202 7 and subsequent model years, any manufacturer 
that certifies on -road vehicles over 8,500 pounds  GVWR for sale or lease in 
Rhode Island must comply with:  
 1. The Advanced Clean Trucks rule as incorporated by reference in § 
37.4 of this Part  and in 13 CCR §§ 1963 through 1963.5.  
B. The greenhouse gas emission standards and related provisions of this regulation 
shall apply to all 2009 and subsequent model year passenger cars, light -duty 
trucks and medium -duty passenger vehicle s sold, leased, offered for sale or 
lease, imported, delivered, purchased, rented, acquired received or registered, in 
the State of Rhode Island.  
C. No person , including a manufacturer or dealer, shall deliver for sale or lease, 
offer for sale or lease, se ll or lease, import, acquire, receive, purchase, or rent a 
new vehicle that is a 20 27 or subsequent model -year medium - and heavy -duty 
engine or vehicle, or trailer in Rhode Island unless the vehicle is California -
certified and complies with the following c riteria:   
  1. All applicable emissions standards, testing procedures, warranty, 
reporting, recall and other applicable requirements of the Heavy -Duty 
Engine and Vehicle Omnibus Regulation as incorporated by reference in § 
37.4 of this Part  and in 13 and 17  CCR ;  
 2. All applicable emissions standards, testing procedures, warranty, 
reporting, recall and other applicable requirements  of California 
Greenhouse Gas Emissions Standards for Medium - and Heavy -Duty 
Engines, Vehicles, and Trailers (Phase 2) as incorpo rated by reference in 
§ 37.4 of this Part and 13 and 17 CCR .  
CD. Pursuant to the requirements of 42 U.S.C § 7507, the Department shall apply All 
technical guidance issued by CARB relative to the implementation of 13 and 17 
CCR , including but not limited to Manufacturers Advisory Correspondences and 
Mail oOuts shall be applicable to all vehicles subject to this regulation.  
37.78Emission Manufacturer Fleet Requirements  
A. No person shall sell, import, deliver, purchase, lease, re nt, acquire, receive, or 
register a new vehicle subject to this regulation in the State of Rhode  Island that 
has not been certified by CARB as compliant with all applicable requirements of 
13 CCR  §§ 1900,  1960.1, 1960.5, 1961, 1961.1, 1961.2, 1961.3, 1962,  1962.1, 
1962.2, 1965, 1968.1, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2101,  
2111, and 2235, incorporated in § 37.4(B) of this Part , unless the vehicle is sold 
directly from one dealer to another dealer, sold for the purpose of being wrecked 
or disma ntled, sold exclusively for off -highway use, or sold for registration out of 
state, and except as provided in § 37.7(E)  of this Part . 
B. 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. Each manufa cturer shall meet the following 
fleet requirements for the new vehicles delivered for sale or lease, or for the 
purposes of Advanced Clean Trucks sold to the ultimate purchaser, in Rhode 
Island.  
C. Fleet Average Requirements  
1. Effective model years 2008 2004 through 2014, each manufacturer shall 
comply compliance with the Fleet Average NMOG Mass Emission 
Requirement s (or NMOG + NOx for 2014 model year only) and LEV II 
phase -in requirements for passenger cars  and light -duty trucks and, for 
2000 and subsequent model years, may earn and bank NMOG credits, 
both in accordance with in Rhode Island, as set forth at 13 CCR  § 1961 , 
shall be demonstrated for each motor vehicle manufacturer according to 
the procedures i n 13 CCR  § 1961  incorporated in § 37.4 (B) of this Part ,  
 and shall be based on the number of vehicles, subject to this regulation, 
produced and delivered for sale by each manufacture r in the State of 
Rhode Island. except NMOG credits earned prior to model year 2004 shall 
be treated as  though  they were earned in model year 2004.  
2. Effective model years 2004 through 2014, each manufacturer shall comply 
with the LEV II medium -duty vehicle phase -in requirements and, fo r model 
years 2004 through 2014, may earn  and bank VECs, both in accordance 
with 13 CCR  § 1961 , except VECs earned prior to model year 2007 shall 
be treated as though they were earned in model years 2007. Starting with 
model year 2007 through 2014, all medium -duty vehicles are subject to 
the LEV II standards in accordance with 13 CCR § 1961 . 
23. Effective model year s 2015 through 20 25, passenger cars and light -duty 
trucks, and model years 20 15 through 2028 medium -duty vehicles, each 
manufacturer shall comply with the flee t average NMOG + NOx emission 
requirements and the LEV III phase -in requirements, and may earn and 
bank NMOG + NOx credits or VECs as applicable, all in accordance with 
2015, and for each subsequent model year, compliance with the fleet 
average NMOG  + NOx Requirement in Rhode Island, as set forth at 13 13 
CCR  § 1961.2 ., shall be demonstrated for each motor vehicle 
manufacturer acco rding to the procedures in  13 CCR  § 1961.2 , 
incorporated in § 37.4 (B) of this Part , 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.  
4. Effective for model years 202 7 and subsequent model years, each 
manufacturer shall comply with the fleet average NMOG + NOx emission  
requirements and the LEV IV phase -in requirements for passenger cars, 
light-duty trucks, and medium -duty vehicles, and may earn and bank 
NMOG + NOx credits or VECs as applicable, in accordance with 13 CCR 
§ 1961.4.  
35. Effective for model years 2009 through 2016, each manufacturer shall 
compliance withcomply with  the Fleet Average Greenhouse Gas Exhaust 
Mass Emission Requirements  for passenger cars, light -duty trucks, and 
medium -duty passenger vehicles, and for 2000 and subsequent mod el 
years may earn and bank GHG credits, in accordance with as set forth at 
13 CCR  § 1961.1, shall be demonstrated for each motor vehicle 
manufacturer according to the procedures in 13 CCR  § 1961.1 , 
incorporated in § 37.4 (B) of this Part , 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. . 
46. Effective  for model year 2017 through model year 2025 and subsequent 
model years , each a manufacture r shall compl y with the fleet average 
emission greenhouse gas requirements for passenger cars, light -duty  
 trucks, and medium -duty passenger vehicles, and may earn and bank 
GHG credits , in accordance with  may elect to demonstrate compliance 
with the California Exhaust Emissions Standards by demonstrating 
compliance with the "2017 through 2025 Model Year National Greenhouse 
Gas Program" according to the procedures set forth in 13 CCR § 1961.3 ., 
incorporated in § 37.4 (B) of this Part . 
a. The optional compliance approach set forth in 13 CCR § 1961.3 (c), 
incorporated in § 37.4 (B) of this Part  shall not be available for 2021 
through 2025 model year passenger cars, light -duty trucks, and 
medium -duty passenger vehicles if the "2017 through 2025 M odel 
Year National Greenhouse Gas Program" is altered via a final rule 
published in the Code of Federa l Register subsequent to October 
25, 2016.  
5. 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 13 CCR  §§ 1961  
through  1961.3 , incorporated in § 37.4 (B) of this Part . 
D. ZEV Requirements  
17. Effective for model years 2007 through 2008, each manufacturer shall 
comply with the Zero Emission Vehicle sales requirements and, starting 
with 2000 model year vehicles, may earn and bank ZE V credits, both in 
accordance with 13 CCR § 1962.  
8. Effective Ffor model years 2009 through 2017, each manufacturer shall 
comply with the Zero Emission Vehicle standards sales requirement, and 
starting with 2000 model year  vehicles, may earn and bank ZEV credits, 
both in accordance with in Rhode Island and based on Rho de Island total 
vehicle sales, as set forth in  13 CCR  § 1962.1 ., incorporated in § 37.4 (B) 
of this Part . 
29. Effective Ffor model year 2018 through 2025, and for each subsequent 
model year,  each manufacturer shall comply with the Zero Emission 
Vehicle sales  requirement and, starting with 2000 model year vehicles, 
may earn and bank ZEV credits both in accordance with standards in 
Rhode Island and based on Rhode Island total vehicle sales, as set forth 
in 13 CCR  § 1962.2 ., incorporated in § 37.4 (B) of this Part. 
10. Effective for model year 202 7 and subsequent model years, each 
manufacturer shall comply with the Zero Emission Vehicle sales 
requirements and, starting with 2024 model year vehicles, may earn and 
bank ZEV value, both in accordance with 13 CCR § 1962.4.   
 11. Effective for model year 202 7 and subsequent model years, each 
manufacturer shall comply with the Advanced Clean Trucks sales 
requirement for medium and heavy -duty vehicles as applicable, and for 
2024 and subsequent model years may earn, bank, and trade ZEV and 
NZEV credits both in accordance with 13 CCR  §§ 1963 through 1963.5.  
12. Effective for model year 202 7 and subsequent model years, each 
manufacturer shall comply with the Heavy -Duty Engine and  Vehicle 
Omnibus Regulation emissions standards for applicable medium - and 
heavy -duty engines and vehicles, and for 202 2 and subsequent model 
years may earn, bank, and trade credits in accordance with 13 CCR  § 
1956.8 , unle ss provided an exemption in § 37.9 of this Part.  
13. Effective for model year 202 7 and subsequent model years, each 
manufacturer shall comply with the Phase 2 greenhouse gas emissions 
standards for applicable me dium and heavy -duty vehicles, and trailers, 
and for 2024 and subsequent model y ears may earn, bank and trade 
credits, in accordance with 13 CCR §§ 95660 through 95664.  
3. 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 for th at 13 CCR  §§ 1962.1 
and 1962.2 , incorporated in § 37.4 (B) of this Part . 
E. Exemptions 37.9 Exemptions  
 
A. 1. In addition to any ex ceptions or exemptions  in 13 and 17 CCR , new 
Mmotor vehicles are exempt if : 
1. Motor vehicles are exempt if Ddefined as test vehicles, as emergency 
vehicles, or qualifying for exemption under California Health and Safety 
Code § 43656 . ;  
2. For the purposes of Heavy -Duty Engines  and Vehicle Omnibus only, 
model year 202 7 and subsequent  "transit agency diesel -fueled  bus" 
pursuant to 13 CCR § 1956.8 (a)(2) (F), for which there is no CARB 
certification ; 
3. For the purposes of Advanced Clean Trucks only, a vehicle defined as an 
"excluded bus" pursuant to 13 CCR § 1963(c)(11);  
4. Designed exclusively for off -highway use;   
 45. Hheld for daily lease or rental to the general public or engaged in 
interstate  commerce w hich are registered  and principally operated outside 
the State of Rhode Island .; 
56. Motor vehicles are exempt if Ppurchased by a non resident prior to 
establishing residency  in the State of Rhode Island .; 
67. Transferred by inheritance , or by decree of divorce, dissolution or legal 
separation entered by a court of competent jurisdiction . ;  
78. Motor vehicles are exempt if Aacquired by a resident of the State of 
Rhode Island 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.  
37.810 Anti-tampering Provisions Tampering Prohibited  
A. No person shall disconnect, modify,  or  alter, or oth erwise render inoperative  any 
certified device, except for purposes of repair or replacement  emission control 
device or system of a motor vehicle ., except to repair or replace a part or all of 
the emissions control system to  return the emission control system to its original 
manufacturer's certified specifications.  
B. No person shall unknowingly operate a motor vehicle unless all air pollution 
control systems are in place and in operating condition.  
C. No person shall rent, l ease, offer for sale, or in any manner  transfer ownership of 
a motor vehicle unless all air pollution control systems are in place and in 
operating condition . 
BD. No person shall operate or leave standing upon any highway, any motor vehi cle 
subject to this  regulation or subject to the motor veh icle emission standards 
adopted  pursuant to 42 U.S.C. § 7521 unless the motor vehicle is equ ipped with 
all of the required certified devic es which are correctly installed and in operating 
condition.  
37.9 Vehicle Testing  
37.9.1  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 meeti ng the California Standards in 13 CCR  
§§ 1960.1, 1960.5, 1961, 1961.1, 1961.2, 196 1.3, 1962, 1962.1, 1962.2, 1965, 
1968.1, 1968.2, 1968.5,  1976, 1978, 2037, 2038, 2062, 2101, 2111, and 2235,  
incorporated  in § 37.4 (B) of this Part , as determined by testing conducted in 
accordance with the testing procedures incorporated in said Section of 13 CCR .  
 Testing reports must be provided by the manufacturer to the Department upon 
request.  
B. For the purposes of certifying compliance with § 37.9 .1(A) of this Part , New 
Vehicle Certification Testing determinations and findings made by CARB shall be 
deemed acceptable.  
37.9.2  Assembly Line Testing  
A. All manufacturers of new vehicles subject to this regulation, shall conduct 
Inspection Testing and Quality Audit Testing in accordance with 13 CCR  § 2062, 
incorporated in § 37.4 (B) of this Pa rt. Testing reports must be provided to the 
Department upon request.  
B. For the purposes of determining compliance with  § 37.9 .2(A) of this Part,  
Inspection Testing and Quality Audit T esting determinations and findings made 
by CARB shall be deemed acceptable.  
C. In the event a facility that 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 
consul tation with CARB, require Inspection Testing and Quality Audit Testing at 
such facility in accordance with 13 CCR  §§ 2062,  2106,  2107, and 2150,  
incorporated in § 37.4 (B) of this Part ; provided that upon a manufacturer's written 
request and demonstration of need, functional testing pursuant to the procedures 
incorporated in 13 CCR  § 2062 , incorporated in § 37.4 (B) of this Part  of a 
statistically significant sample may substitute for th e 100% testing rate in 13 CCR  
§ 2062, with the written consent of the Department.  
37.9.3  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 California Standards in 13 
CCR  §§ 1900, 1960.1, 1960.5, 1961, 1961.1, 1961.2, 1961.3, 1962, 1962.1,  
1962.2, 1965, 1968.1, 1968.2, 1968.5, 1976, 1978, 2037,  2038,  2062, 2101,  
2111, and 2235,  incorporated in § 37.4 (B) of this Part  as determined by New 
Vehicle Compliance Testing, conducted in accordance with 13 CCR  §§ 2101 , 
2106 through 2110,  2150, and  2151,  incorporated in § 37.4 (B) of this Part . 
Testing reports must be provided by the manufacturer to the Department upon 
request.  
B. For the purpose of compliance with § 37.9 .3(A) of this Part , New Vehicle 
Compliance Testing determinations and findings made by CARB shall be 
deemed acceptable.  
37.9.4 In-Use Vehicle Enforcement Testing   
 A. For purposes of detection and repair of vehicles subject to this regulation and 
failing to meet th e California Standards in 1 3 CCR  §§ 1900, 1960.1, 1960.5,  
1961, 1961.1, 1961.2, 1961.3, 1962, 1962.1, 1962.2, 1965,  1968.1, 1968.2,  
1968.5,  1976, 1978, 2037, 2038,  2062, 2101,  2111, and  2235 , incorporated in § 
37.4(B) of this Part , the Department may conduct, in consultation with CARB, In -
Use Vehicle Enforcement Testing in accordance with the pro tocol and testing 
procedures in 13 CCR  § 2140,  incorporated in § 37.4 (B) of this Part . Testing 
reports must be provided by the manufacturer to the Department upon request.  
B. For the purposes of compliance with  § 37.9 .4(A) of this Part , In-Use Vehicle 
Enforcement Testing determinations and findings made by CARB shall be 
deemed acceptable.  
37.9.5 In-Use Surveillance  Testing  
A. For the purposes of testing and monitoring the overall effectivene ss in the State 
of Rhode Island of the program set forth in this regulation in controlling 
emissions, the Department may cond uct In -Use Surveillance Testing  in 
consultation with CARB.  
B. For the purposes of program planning and analysis, In -Use Surveillance Testing 
determinations and findings made by CARB shall be deemed acceptable.  
37.101Warranty  
A. For Cal ifornia -certified vehicles All manufacturers of new vehicles that delivered  
for 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 co verage with all requirements of 13 CCR  §§ 1962.8, 2035 through 
2038, 2040 and  2046 . §§ 2035 through 2041, incorporated in § 37.4 (B) of this 
Part. All manufacturers shall submit to the Department, upon request, Failure of 
Emission -Related Components reports as defined at 13 CCR  § 2144,  
incorporated in § 37.4 (B) of this Part,  for vehicles subject to this regulation, in 
compliance with the procedures in 13 CCR . 
B. All manufacturers shall include the emission control system warranty statement 
required by 13 CCR  § 2039, modified by some means (e.g., printed within the 
text or a sticker) to clearly inform Rhode Island owners of a California -certified 
vehicles that the California Warranty applies to the vehicle. This statement shall 
provide a telephone number appropriate for Rhode Island.  
BC. For purp oses of compliance with § 37.10(A)  of this Part , manufacturers may 
submit copies of the Failure of Emission -Related Components reports that are 
submitted to CARB in lieu of submitting reports for vehicles subject to this 
regulation.   
 37.1112 Manufacturer Reporting Requirements  
37.12.1Delivery Reporting  
A.  Commencing with the 2008 model year, Eeach 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 , itemized by test group 
and emission standard,  documenting total new vehicles deliveries delivered  for 
sale or lease of vehicles in each test group over that model year,  in the State of 
Rhode Island.  
37.12.2 Fleet Reporting  
A. For model years 2011 through 2014, e Each manufacturer shall submit annually 
to the Department, by no later than March May 1 of the calendar year following 
the close of the completed model year, a report, itemized by test group and 
emission standard, that deomstrates demonstrates  that the manufacturer has met 
the fleet req uirements  prepared according to the procedures in 13 CCR  § 1961 , 
incorporated in § 37.4 (B) of § 37.8(A) of this Part ., calculating the Fleet Average 
NMOG Emission Rate for the model year just ended.  
B. If a manufacturer wants to bank VECs or GHG, NMOG, NMOG + NOx, ZEV, or 
NZEV credit or value, the manufacturer shall submit annually  to the Department , 
by no later than May 1 of the calendar year following the close of the completed 
model year, a report which de monstrates that such manufacturer has earned 
VECs or GHG, NMOG, ZEV,  or NZEV credits or values in Rhode Island. Cre dits 
or value are to be calculated in the same manner as required by CARB.  
C. Commencing with model year 2015, each manufacture r shall submi t annually to 
the Department, by no later than March 1 of the year following the close of the 
completed model year, a report, prepared according to the procedures in 13 CCR  
§ 1961.2,  incorporated in § 37.4 (B) of this Part,  calculating the Fleet Average 
NMOG + NOx Mass Emission Rate for the model year just ended.  
D. For the purposes of determining if vehicles qualify for exemption under § 37.7(E)  
of this Part , 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.  
E. Commencing with the model year 2009, each manufacturer shall submit 
annually, to th e Department, by no later than May 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 vehicle s, 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 13 CCR  §§ 1961.1 and  1961 .3, 
incorporated in § 37.4 (B) of this Part . 
37.12.3 Recall Reporting  
A. For information and not approval by Rhode Island, each manufacturer shall 
submit, within 30 days of CARB approval, a copy of any CARB approved 
voluntary, influenced or ordered recall plan specified in 13 CCR §§ 1962.7, 2114, 
2125, and 2169 supplemented with the number of affected vehicles registered in 
Rhode Island.  
B. For information and not for approval by Rhode Island, each m anufacturer shall 
submit, upon request , submit recall campaign progress reports for vehicles 
registered in Rhode Island, within  the timelines of, and containing the information 
required by, 13 CCR §§ 1962.7, 2119, 2133, and 21 69.7. Reports need not be 
submitted to the Department if the equivalent reports have been waived by 
CARB.  
37.12.4 Documentation  
A. A manufacturer, a dealer or a transporter of new vehicles shall, upon request, 
provide to the Department any documentation, including but not limited to the 
Vehicle Identification Numbers, which the Department determines to be 
necessary for the effective a dministration and enforcement of this Part.  
B. Reports and other information required by this Part must be submitted to:  
Part37 .AirComp liance@dem.ri.gov   
37.123Enforcement  
A. The Department may conduct inspection and surveillance of new and used motor 
vehicles for the purposes of determining compliance with the requirements set 
forth in § 37.7  of this Part . 
1. Inspections by the Department or its agents, pursuant to § 37.12(A) of this 
Part, may be conducted on any premises owned, operated, used, leased, 
or rented by any vehicle dealer  or manufacturer .  
2. Said i 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 
certified device repair performed under warranty.  
23. The Department or its agents Inspections  may perform include  functional 
tests, steady -state tests, and other tests as reasonably necessary  to verify 
compliance with this regulation . In addition, the California Motor Vehicle 
Inspection program emi ssions tests standards in 13 CCR  § 2176 , 
incorporated in § 37.4 (B) of this Part , applicable to the appropriate model  
 year veh icle, may be used by the Department to verify compliance with 
this regulation . 
B. Upon request, during an ins pection, such dealer or manufacturer must make 
available  to the Department any related records  documenting vehicle origin, 
certification, delivery, or sales and records of emission related part repairs 
performed under warranty.  
B. Any order or enforcement action taken by CARB to correct noncompliance with 
any provision of the California Standards that results in the recall o f any vehicle 
pursuant to 13 CCR  §§ 2109 through  2135,  incorporated in § 37.4 (B) of this Part , 
shall apply to all vehicles subject to this regulation, except where the 
manufacturer demonstrates to the Department's satisfaction within twenty -one 
(21) days of issuance of said CARB action, that said action is not applicable to 
said vehicles in Rhode Island.  
C. Any voluntary or influenced emission -related recall campaign initiated by  any 
manufacturer pursuant to 13 CCR  §§ 2113 through  2121 , incorporated in § 
37.4(B) of this Part  shall extend to all applicable vehicles subject to this 
regulation, except  where the manufacturer demonstrates to the Department's 
satisfaction within twenty -one ( 21) days of CARB approval of the campaign that 
said campaign is not applicable to said vehicles in Rhode Island.  
DC. The Department shall enforce the requirements of this regulation in accordance 
with 13 CCR  and applicabl e federal and Rhode Island law.