STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND’S LOW EMISSIONS VEHICLE PROGRAM

Effective 5 June 1996

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. 37

RHODE ISLAND'S LOW EMISSIONS VEHICLE PROGRAM

TABLE OF CONTENTS

37.1 Definitions........................................................................................................................ 1

37.2 Applicability..................................................................................................................... 5

37.3 Emissions Requirements and Credits............................................................................... 5

37.4 Vehicle Testing ................................................................................................................ 9

37.5 Warranty......................................................................................................................... 11

37.6 Reporting Requirements ................................................................................................ 12

37.8 General Provisions.......................................................................................................... 13
Page 1 of 14

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 37

RHODE ISLAND'S LOW EMISSIONS VEHICLE PROGRAM

37.1 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:

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 "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 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 by 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.
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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 "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.

37.1.10 "Emission standard" means specified limitations on the discharge of air 

contaminants into the atmosphere.

37.1.11 "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. 

37.1.12 "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.

37.1.13 “Greenhouse gas” means any of the following gasses: carbon dioxide, 

methane, nitrous oxide, and hydrofluorocarbons.

37.1.14 “Heavy-duty vehicle” means any motor vehicle having a manufacturer’s gross 

vehicle weight rating greater than 6,000 pounds, except passenger cars.

37.1.15 "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.
Page 3 of 14

(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 I" light-duty truck with 

a loaded vehicle weight of 3751-5750 pounds.

37.1.16 "LEV" means a low emissions vehicle.

37.1.17 "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.

37.1.18 "Manufacturers advisory correspondence" means a document issued by

CARB, which is a policy interpretation for further clarification of the CCR 

applicable to motor vehicles.

37.1.19 “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.

37.1.20 “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-low-emission, super-ultra-low-emission or zero-emission vehicle certified 

to the standards in Section 1961(a)(1) or 1962 of Title 13 CRR having a 

manufacturer’s gross vehicle weight rating between 8,501 and 14,000 pounds.

37.1. 21 "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 
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manufactured in two or more stages, the time of manufacture shall be the date 

of completion of the chassis.

37.1.22 "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.

37.1.23 "Neighborhood Electric Vehicle" or "NEV" means a motor vehicle that 

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

California Vehicle Code or in CFR 571.500 (as it existed on July 1, 2000), and 

is certified to zero-emission vehicle standards.

37.1.24 "New vehicle" means any passenger car or light duty truck with 7,500 miles or 

fewer on its odometer.

37.1.25 "NMOG" means non-methane organic gas.

37.1.26 "Passenger car" means any motor vehicle designed primarily for 

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

less.

37.1.27 "PZEV" means partial zero emission vehicle.

37.1.28 "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.

37.1.29 "Recall campaign" means that plan approved by CARB or the Department, by

which the manufacturer will effect the recall of non-complying vehicles.

37.1.30 "Test Group" means a grouping of vehicles as defined by 40 CFR 86.1827-

01.

37.1.31 "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.
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37.1.32 "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.

37.1.33 "Used motor vehicle" means motor vehicle that is not a new motor vehicle.

37.1.34 "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 mediumduty vehicles under Title 13 CCR.

37.2.2 This regulation shall apply to all 2008 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 all 2009 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

37.3.1 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 
Page 6 of 14

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

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 
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multiplied by the ratio of the average number of PCs and LDT1s produced 

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

LDT1s produced and delivered for sale in California in model years 2000 

through 2002 or, alternatively, by the ratio of PCs and LDT1s produced 

and delivered for sale in Rhode Island to PCs and LDT1s 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 LDT1s produced 

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

LDT1s produced and delivered for sale in California in model years 2000 

through 2002 or, alternatively, by the ratio of PCs and LDT1s produced 

and delivered in Rhode Island to PCs and LDT1s 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 LDT1s 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 LDT1s 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 adding 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 
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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
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(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, 
Page 10 of 14

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 motor 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.
Page 11 of 14

(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 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 
Page 12 of 14

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 Non-Methane 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 

37.3.7, 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.

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 CRR, 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.

(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 emissionrelated 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.
Page 13 of 14

(b) The Department or its agents may perform functional tests, steady-state 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 General Provisions

37.8.1 Purpose

The purpose of this regulation is to specify the requirements for Rhode Island’s 

Low Emissions Vehicle Program.

37.8.2 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

37.8.3 Application

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.

37.8.4 Severability
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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.

37.8.5 Effective Date

The foregoing regulation, "Rhode Island’s Low Emissions Vehicle Program”, 

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

State this ___29th__ 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