**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.RHO DE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AI R POLLUTION CONTROL REGULATION NO. 42 HEAVY
- DUTY DIESEL ENGINE STANDARDS

**TABLE OF CONTENTS**
4 2 .1. Definitions
................................ ................................ ................................ ........................... 1 42.2 Applicability
................................ ................................ ................................ ....................... 4 4 2 .3 Requirements for Motor Vehicle Registration and Transactions
. ................................ ...... 4 4 2 .4 Exemptions
................................ ................................ ................................ ......................... 5 42.5 Manufacturer Compliance with California Orders and Voluntary Recalls
........................ 6 42.6 General Provisions
................................ ................................ ................................ .............. 6Pages 1 of 7

**RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF**  **AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 42**  **HEAVY -**  **DUTY DIESEL ENGINE STANDARDS 42**  **Heavy -**  **Duty Diesel Engine Standards 42.1**  **Definitions** Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined b y refe rence 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: 42.1.1 **“California Air Resources Board” or “CARB”** means the California

stat e 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. 42.1.2 **“California Standards”** means those emission standards for mo tor

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. 42.1.3 **“CCR”** shall mean the California Code of Regulations 42.1.4 **“Certification”** means a finding issued b y CARB certifying that a

specified engine famil y or model year motor vehicle has met all applicable Ti tle 13 CCR requirements for certification and sale in California. 42.1.5 **“Certified device”** means an air contaminant emission control sy stem

for which a certification has been issued b y CARB or the Department. 42.1.6 **“Dealer”** means every person activel y 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 Administratio n.Pages 2 of 7

42.1.8 **“Emergency vehicle”** shall have the same meaning, usage and

application that it has developed under the heav y - duty diesel engine program adopted b y CARB on December 8, 2000. 42.1.9 **“Emissions -**  **related part”** means an y automotive part, which affect s

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 L ist,” adopted b y 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 rat ing”**  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 w ith 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 heav y - dut y 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 t o motor vehicles. 42.1.16 **“Military tactical vehicle or equipment”** shall have the same

meaning, usage and application that it has developed under the heav y 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 ye ar or, if the manufacturer has no annual production period, the calendar ye ar. In the case of an y motor vehicle manufactured in two or more stages, the time of manufa cture shall be the date of completion of the chassis.Pages 3 of 7

42.1.18 **“Motor vehicle”** shall have the same meaning, usage and application

that it has developed under the heav y - dut y diesel engine program adopted b y CARB on December 8, 2000. 42.1.19 **“New motor vehi cle”**  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) a manufacturer’s issuing of notices directl y to consumers that motor vehicles in their possession or control should be corrected; (b) a manufacturer’s efforts to activel y locate and correct motor vehicles in the possession or control of consumers. 42.1.22 **“Recall campaign”** means a plan approve d by CARB or the Department, b y 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 oth er than resale. 42.1.26 **“Ultra -**  **sm all volume manufacturer”**  means an y manufacturer with

California sales less than or equal to 300 new passenger cars, light duty trucks, medium

- duty

vehicles, heavy

- dut y vehicles, and heav y duty engines per model year based on the average number of vehicles and engines sold b y the manufacturer in the previous three consecutive model years. 42.1.27 **“Ur ban bus”**  means a passenger - carrying motor vehicle powered by a heav y - dut y diesel engine, or of a type normally powered b y a he av y 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 b y short rides and frequ ent stops. To facilitate this ty pe of operation, more than one set of quick

- operating entrance and exit doors would normally be installed. Since fares are usuall y paid inPages 4 of 7 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 ty pically 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. **42.2 Applicability**  42.2.1 The Department hereb y 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. 42.2.2 This regulation shall apply to all model year 2005 and 2006 heav y duty diesel engines and to new motor vehicles containing such engines. 42.2.3 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. **42.3 Requirements for Motor Vehicle Registration and Transactions**  42.3.1 No new motor vehicle equipped with a 2005 or 2006 model year

heav y - dut y diesel engine may be register ed 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. 42.3.2 No person who is a resident of this state, or who operates an

established place of business within this state, shall: (a) sell, lease, rent, import, deliver, purchase, acquire, or receive in this state any

heavy

- dut y diesel engine or motor vehicle subject to these regulations; or, (b) offer for sale, lease, or rental in this state any heavy

- dut y diesel engine or motor vehicle subject to these regulations; or, (c) 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 ce rtifying that the engine complies with Section 1956.8.Pages 5 of 7

42.3.3 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. **42.4 Exem**  **ptions** Notwithstanding section 42.3 et seq., this regulation shall not apply to:
42.4.1 A model year 2005 or 2006 heavy

- dut y diesel engine manufactured b y

an ultra

- small volume manufacturer; 42.4.2 An heav y - dut y diesel engine installed in an urban bus; 42.4.3 An engine if , following a technology

review, the California Air Resources Board determines that it is inappropriate to require compliance for heav y - duty diesel engines of that particular model year and engine family ; 42.4.4 A motor vehicle acquired by a resident of this state to replace a motor vehicle registered to such resident that was: (a) damaged; or, (b) became inoperative beyond reasonable repair; or, (c) was stolen while out of this state; provided that the replacement motor vehicle is acquired out of state at the time the p reviousl y owned motor vehicle was either damaged or became inoperative or was stolen; 42.4.5 A motor vehicle with an engine that predates these standards that was

transferred b y inheritance, or b y a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction; 42.4.6 A motor vehicle having a certificate of conformity issued pursuant to

the Clean Air Act (42 U.S.C. §7401 et seq.) and originall y registered in another state b y a resident of that state who subsequently establishes reside nce 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; 42.4.7 An emergency vehicle; 42.4.8 A military tactical vehicle or equipment; o rPages 6 of 7

42.4.9 Any

other motor vehicles exempted by the California Health and Safety Code, section 43656. **42.5 Manufacturer Compliance with California Orders and Voluntary Recalls**  42.5.1 Any

order or enforcement action taken by the California Air Resources Board to correct non compliance with any heavy

- dut y 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 I sland, except where the manufacturer demonstrates to the Department’s satisfaction, within 21 day s 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 an y m anufacturer pursuant to Title 13, sections 2113 through 2121 of the California Code of Regulations shall extend to all applicable engines and m otor 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 appro val of the campaign b y the California Air Resources Board, that this campaign is not applicable to such engines or motor vehicles in the State of Rhode Island.
**42.6 General Provisions**  42.6.1 Purpose

The purpose of this regulation is to adopt emissions standards fo r mobile source heavy

- duty

diesel engines
. 42.6.2 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 Ac t, R.I . Gen. Laws Chapter 42

- 35 42.6.3 ApplicationPages 7 of 7 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. 42.6.4 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
. 42.6.5 Effective Date

The foregoing regulation, " Heavy
- Duty Diesel Engine Standard s”, as amended, after due notice, is hereby adopted and filed with the Secretary of State this ______29 , th

___ day of __ June____, 20 07 ___ to become effective twenty

(20) days thereafter, in accordance with the provisions of Chapters 23

- 23, 42
- 3 5, 42
- 17.1, 42
- 17.6, of the General Laws of Rhode I sland 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**