AIR POLLUTION CONTROL REGULATION NO. 37 

RHODE ISLAND'S LOW EMISSION VEHICLE PROGRAM 

Effective 5 June 1996 

Last Amended December 22 2005 

~,\-) DEC 2 2 2000091 

RI SECRETARY OF STATE 

ADMINISTRATIVE RECORDS 

. 
RHODE ISLAIND DEPARTIMENT OF ENVIRONMENTAL MANAGEMENT 

DIVISION OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 37 

RHODE ISLAND'S LOW EVIISSIONS VEHICLE PROGRAM 

37. Low Emissions Vehicles 

37.1 Definitions 

As used in these regulations, 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 "C.ARB" 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 b~~ 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 "Department" means the Rhode Island Department of Environmental 

Management. * , , 

37.1 .10 "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 .11 "Emission standard" means specified limitations on the discharge of air 

contaminants into the atmosphere. 

37.1 .12 "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 .13 "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 .14 '`Greenhouse gas" means any of the following gasses : carbon dioxide, 

methane, nitrous oxide, and hydrofluorocarbons . 

37 .1 .15 "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 .16 "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. 

(a) "LDT1" means a light-duty truck with a loaded vehicle weight of 0-

3750 pounds . 
(b) "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 1" 

light-duty truck with a loaded vehicle weight of 3751-5750 pounds . 

37.1 .17 "LEV" mearts a low emissions vehicle. 

37.1 .18 "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 .19 "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 .20 "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 .21 "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-lowemission, 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-lowemission, super-ultra-low-emission or zero-emission vehicle certified to the 

standards in Section 1961(a)(1) or 1962 of Title 13 CPR having a manufacturer's 

gross vehicle weight ratin; between 8,501 and 14,000 pounds. 

37.1 .22 "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 .23 "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 .24 "Neighborhood Electric Vehicle" or "NEV" means a motor vehicle that 

meets the definition 6f "low speed vehicle" either in section 385.5 of the 

California Vehicle Code or in CFR 571 .500 (as it existed on July l, 2000), and is 

certified to zero-emission vehicle standards. 

37.1 .25 "New vehicle" means any passenger car or light duty truck with 7,500 

miles or fewer on its odometer. 

37.1 .26 "NMOG" means non-methane organic gas . 

37.1 .27 "Passenger car" means any motor vehicle designed primarily for 

transportation of persons and having a design capacity of twelve persons or less . 

37.1 .28 "Person" means an individual, trust, firm, joint stock company, 

corporation (including a quasi-governmental corporation), partnership, 

association, syndicate, municipality, municipal or state agency, fire district, club, 

non-profit agency or any subdivision, commission, department, bureau, agency or 

department of state or federal government (including quasi-governmental 

corporation) or of any interstate body . 

37.1 .29 "PZEV" means partial zero emission vehicle. 

37.1 .30 "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 .31 "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 .32 "Test Group" means a grouping of vehicles as defined by 

40 CFR 86.1827-01 . 

37.1 .33 "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 .34 "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 .35 "Used motoP vehicle" means motor vehicle that is not a new motor 

vehicle. 

37.1 .36 "ZEV" means a zero emission vehicle. 

37.2 Applicability 

37.2 .1 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 a112008 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 a112009 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 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 

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 LDTIs produced 

and delivered for sale in Rhode Island to the average number PCs and 

LDT 1 s produced and delivered for sale in California in model years 2000 

through 2002 or, alternatively, by the ratio of PCs and LDTIs produced 

and delivered for sale in Rhode Island to PCs and LDTIs 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 LDT 1 s produced 

and delivered for sale in Rhode Island to the average number of PCs and 

LDTIs produced and delivered for sale in California in model years 2000 

through 2002 or, alternatively, by the ratio of PCs and LDTIs produced 

and delivered in Rhode Island to PCs and LDTls 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 LDTIs 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 LDTIs 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 aJding~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 mot~or 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 

11 
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 NonMethane 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 37.4, the Department may require any motor vehicle manufacturer or 

dealer of vehicles subject to this regulation to submit any documentation the 

Department deems necessary to 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 C RR, 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 . 

12 
(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, steadystate 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. 

37.8 Severability 

Each subsection of this regulation shall be deemed severable, and in the event that 

any subsection of this regulation is held invalid, the remainder shall continue in 

full force and effect. 
EFFECTIVE DATE ~ 

These Rules and Regulations shall take effect twenty (20) days after filing with the 

secretary of State's Office . The foregoing "Air Pollution Control Regulation No. 37 

"Rhode Island's Low Emission Vehicle Program", after due notice, are hereby adopted 

and filed with the Secretary of State this 22"d day of December, 2005 to become effective 

twenty (20) days thereafter, in accordance with the provisions of Chapters 23-23-5 (12) 

and (22), 42-35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as 

amended. 

~NqUe 

W. Michael Sullivan, Director 

Department of Environmental Management 

Notice Given on: October 31, 2005 

Public Hearing held: November 30, 2005 

Filing Date: December 22, 2005 

Effective Date: January 11, 2006 

VEIVE 

-1 . 2 2 2005 

:Z1 ~.= --TARY OF STATE 

TRATkIE RECORDS, 0) RECORD~ 

V DEC 2 2 200191 

RECEIVE 

SECRETARY OF ST-~"~ 

.mlNlSTRATfVE RE