STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 42

HEAVY-DUTY DIESEL ENGINE STANDARDS

Effective 10 January 2002

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws 

Chapter 42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 42

HEAVY-DUTY DIESEL ENGINE STANDARDS

TABLE OF CONTENTS

42.1. Definitions........................................................................................................................... 1

42.2 Applicability ....................................................................................................................... 4

42.3 Requirements for Motor Vehicle Registration and Transactions. ...................................... 4

42.4 Exemptions ......................................................................................................................... 5

42.5 Manufacturer Compliance with California Orders and Voluntary Recalls ........................ 6

42.6 General Provisions.............................................................................................................. 6
Pages 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 by reference to the Rhode Island Air Pollution Control General 

Definitions Regulation. As used in this regulation, the following terms shall, where 

the context permits, be construed as follows:

42.1.1 “California Air Resources Board” or “CARB” means the California 

state agency established and empowered to regulate sources of air 

pollution in California, including motor vehicles, pursuant to 

California health & safety code sections 43100, 43101 & 43102 et seq.

42.1.2 “California Standards” means those emission standards for motor 

vehicles and new motor vehicle engines that the state of California has 

adopted and for which it has received a waiver from the United States 

Environmental Protection Agency pursuant to the authority of 42 

U.S.C.A. Section 7543 and which other states are permitted to adopt 

pursuant to 42 U.S.C.A. Section 7507.

42.1.3 “CCR” shall mean the California Code of Regulations

42.1.4 “Certification” means a finding issued by CARB certifying that a 

specified engine family or model year motor vehicle has met all 

applicable Title 13 CCR requirements for certification and sale in 

California.

42.1.5 “Certified device” means an air contaminant emission control system 

for which a certification has been issued by CARB or the Department.

42.1.6 “Dealer” means every person actively engaged in the business of 

buying transferring, leasing, selling or exchanging motor vehicles and 

who has an established place of business.

42.1.7 “Division of Motor Vehicles” or “DMV” means the Division of 

Motor Vehicles of the Rhode Island Department of Administration.
Pages 2 of 7

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

application that it has developed under the heavy-duty diesel engine 

program adopted by CARB on December 8, 2000.

42.1.9 “Emissions-related part” means any automotive part, which affects 

any regulated emissions from a motor vehicle which is subject to 

California or federal emission standards. This includes, at a minimum, 

those parts specified in the “Emissions-Related Parts List,” adopted by 

CARB on November 4, 1977, as is or as amended.

42.1.10 “Executive order” means a document issued by CARB certifying that 

a specified engine family or model year motor vehicle has met all 

applicable Title 13 CCR requirements for certification and sale in 

California.

42.1.11 “Gross vehicle weight rating” shall have the same meaning, usage 

and application that it has developed under the heavy-duty diesel 

engine program adopted by CARB on December 8, 2000.

42.1.12 “Heavy-duty diesel engine” means a diesel engine that is used to 

propel a motor vehicle with a Gross Vehicle Weight Rating of 14,001 

pounds or greater.

42.1.13 “Mail out” means a widely distributed general correspondence issued 

by CARB whenever said board needs information from the public, or 

when it wishes to inform the public of new information.

42.1.14 “Manufacturer” means any person who produces and/or assembles 

heavy-duty diesel engines or motor vehicles.

42.1.15 “Manufacturers advisory correspondence” means a policy

document issued by CARB, which interprets the application of the 

CCR to motor vehicles.

42.1.16 “Military tactical vehicle or equipment” shall have the same 

meaning, usage and application that it has developed under the heavyduty diesel engine program adopted by CARB on December 8, 2000.

42.1.17 “Model year” means a motor vehicle manufacturer’s annual 

production period which includes January 1 of a calendar year or, if 

the manufacturer has no annual production period, the calendar year. 

In the case of any motor vehicle manufactured in two or more stages, 

the time of manufacture shall be the date of completion of the chassis.
Pages 3 of 7

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

that it has developed under the heavy-duty diesel engine program 

adopted by CARB on December 8, 2000.

42.1.19 “New motor vehicle” means a motor vehicle, the equitable or legal 

title to which has never been transferred to an ultimate purchaser.

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

42.1.21 “Recall” means:

(a) a manufacturer’s issuing of notices directly to consumers that 

motor vehicles in their possession or control should be corrected;

(b) a manufacturer’s efforts to actively locate and correct motor 

vehicles in the possession or control of consumers.

42.1.22 “Recall campaign” means a plan approved by CARB or the 

Department, by which a manufacturer will recall non-complying motor 

vehicles.

42.1.23 “Section 1956.8” means Title 13, Division 3, Chapter 1, Article 2, 

section 1956.8 of the California Code of Regulations.

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

42.1.25 “Ultimate purchaser” means, with respect to any new motor vehicle 

or new motor vehicle engine, the first person who in good faith 

purchases a new motor vehicle or new motor vehicle engine for 

purposes other than resale.

42.1.26 “Ultra-small volume manufacturer” means any manufacturer with 

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

duty trucks, medium-duty vehicles, heavy-duty vehicles, and heavyduty engines per model year based on the average number of vehicles 

and engines sold by the manufacturer in the previous three consecutive 

model years.

42.1.27 “Urban bus” means a passenger-carrying motor vehicle powered by a 

heavy-duty diesel engine, or of a type normally powered by a heavyduty diesel engine, with a load capacity of fifteen (15) or more 

passengers and intended primarily for intra-city operation, i.e., within 

the confines of a city or greater metropolitan area. Urban bus operation 

is characterized by short rides and frequent stops. To facilitate this 

type of operation, more than one set of quick-operating entrance and 

exit doors would normally be installed. Since fares are usually paid in 
Pages 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 typically characterized by the 

absence of equipment and facilities for long distance travel, e.g., 

restrooms, large luggage compartments, and facilities for stowing

carry-on luggage.

42.2 Applicability

42.2.1 The Department hereby adopts all sections of the California 

certification of model years 2005 and 2006 for heavy-duty diesel 

engines certifying that the engine complies with Section 1956.8.

42.2.2 This regulation shall apply to all model year 2005 and 2006 heavyduty 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 

heavy-duty diesel engine may be registered with the Division of Motor 

Vehicles unless the applicant presents documentation showing that an 

Executive Order has been issued for such engine, certifying that the 

engine complies with Section 1956.8.

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-duty diesel engine or motor vehicle subject to 

these regulations; or,

(b) offer for sale, lease, or rental in this state any heavy-duty 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 

certifying 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 Exemptions

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

42.4.1 A model year 2005 or 2006 heavy-duty diesel engine manufactured by 

an ultra-small volume manufacturer;

42.4.2 An heavy-duty 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 heavy-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 previously 

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 by inheritance, or by 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 originally registered 

in another state by a resident of that state who subsequently establishes 

residence in this state and who, upon registration of the motor vehicle 

in this state provides satisfactory evidence to the Division of Motor 

Vehicles of the previous residence and registration;

42.4.7 An emergency vehicle;

42.4.8 A military tactical vehicle or equipment; or
Pages 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 noncompliance with any heavy-duty diesel 

engine requirements adopted by such Board on December 8, 2000 

shall be applicable to all such engines and motor vehicles subject to 

this regulation that are: sold, leased, or rented; offered for sale, lease, 

or rental or; registered in Rhode Island, except where the manufacturer 

demonstrates to the Department’s satisfaction, within 21 days of 

issuance of such California Air Resources Board action, that this 

action is not applicable to such engines or motor vehicles in the State 

of Rhode Island.

42.5.2 Any voluntary or influenced emission-related recall campaign initiated 

by any manufacturer pursuant to Title 13, sections 2113 through 2121 

of the California Code of Regulations shall extend to all applicable 

engines and motor vehicles subject to this regulation that are: sold, 

leased, or rented; offered for sale, lease or, rental or; registered in the 

State of Rhode Island, except where the manufacturer demonstrates to 

the Department’s satisfaction, within 21 days of approval of the 

campaign by the California Air Resources Board, that this campaign is 

not applicable to such engines or motor vehicles in the State of Rhode 

Island.

42.6 General Provisions

42.6.1 Purpose

The purpose of this regulation is to adopt emissions standards for 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 Act, R.I. Gen. 

Laws Chapter 42-35

42.6.3 Application
Pages 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 Standards”, as 

amended, after due notice, is hereby adopted and filed with the Secretary

of State this ______29, th___ day of __June____, 2007___ to become 

effective twenty (20) days thereafter, in accordance with the provisions 

of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General Laws of 

Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007