G/TBT/N/USA/823/Rev.1  
15 August 2023  
(23-5511) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Articles 3.2 and 7.2):  State of 
Rhode Island  
2. Agency responsible:   
Department of Environmental Management, State of Rhode Island  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X] , 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Vehicle 
emissions; Enviro nmental protection (ICS code(s): 13.020); Air quality (ICS code(s): 
13.040); Road vehicles in general (ICS code(s): 43.020)  
5. Title, number of pages and language(s) of the notified document:  Proposed 
Amendments to Air Pollution Control Regulation No. 37 Rhode Island's Low Emission 
Vehicle Program; (29 page(s), in English)  
6. Description of content:  Proposed amendment - The purpose of this rule is to adopt or 
amend key regulations that reduce greenhouse gas and criteria pollutant emissions from 
passenger cars, light -duty trucks, and medium - and heavy -duty vehicles that are 
delivered for sale or placed in service in Rhode Island. Rhode Island has previously 
adopted California's emissions standards for passenger cars and trucks and, with this 
rulemaking, wou ld further opt -in to California's standards by amending 250-RICR-120-
05-37 to include new standards for medium - and heavy -duty vehicles.  
This suite of rules includes the adoption of California's Advanced Clean Trucks Rule , the 
Low NOx Heavy -Duty Omnibus Rule , and the Phase 2 Greenhouse Gas Rule , and 
amendments to California's Advanced Clean Cars program whic h was previously adopted 
in Rhode Island and incorporates previously adopted rules to control criteria and GHG 
emissions.  
The regulation applies to light -duty, medium - and heavy -duty engine/vehicle 
manufacturers. The Advanced Clean Trucks Rule (ACT) requir es the sale of at least 30% 
zero-emission trucks by 2030 (depending on vehicle classification). The Low NOx Heavy -
Duty Vehicle Omnibus Rule (HD Omnibus) requires a 90% reduction in NOx emissions for 
model year (MY) 2027 engines. The Phase 2 Greenhouse Gas Rule (Phase 2 GHG) sets 
greenhouse gas emission standards for heavy -duty trucks and truck trailers. Advanced G/TBT/N/USA/823/Rev.1  
 
- 2 - 
 
  Clean Cars II (ACCII)  (G/TBT/N/USA/1860 ) requires that all passenger car and light -duty 
truck vehicles delivered for sal e by 2035 meet the definition of zero -emission vehicle and 
will further reduce smog -forming and GHG emissions from new internal combustion 
engine vehicles (ICEVs).  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment   
8. Relevant documents:  Rhode Island's Low -Emission Vehicle Program 250 -RICR-120-05-
37:  
https://rules.sos.ri.gov/Promulgations/Part/250 -120-05-37 
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point  by or before 4pm Eastern Time  on 8 September 2023. Comments received 
by the USA TBT Enquiry Point from WTO Membe rs and their stakeholders will be shared 
with the regulator.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  8 September 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_11708_00_e.pdf