State of Rhode Island 

Department of Environmental Management 

Office of Air Resources 

.* FACT SHEET 

In re : Proposed amendments~to Air Pollution Control Regulation No. 37 "Rhode 

Island's Low Emissions Vehicle Program" 

Introduction 

The Department of Environmental Management (DEM), Office of Air Resources, is 

proposing to amend Air Pollution Control Regulation (APC) No. 37 "Rhode Island's Low 

Emission Vehicle Program" . These proposed amendments would adopt the latest 

California Exhaust Emission Standards relating to greenhouse gas emissions, add the 

medium-duty weight class vehicles to the regulations and make a clarifying amendment 

for the Zero Emission Vehicle component of the Low Emission Vehicle II program. . The 

greenhouse gas emission standards and standards for the medium-duty vehicles would 

apply to new vehicles sold in Rhode Island beginning with model year 2009. 

Overview 

The federal Clean Air Act generally reserves the ability to set and enforce emissions 

standard for new vehicles for the federal government, except the Act allows the state of 

California to set new vehicle standards for vehicles sold in that state. However, 

section 177 of the Clear Air Act allows states other than California to adopt California's 

new vehicle standards if, among other things, the state adopts standards identical to 

California's. California's vehicle emission standards are adopted by the California Air 

Resources Board (CARB), a nationally recognized technical organization . 

DEM adopted California's Low Emission Vehicle (LEV) standards in 1996 . 

In 1999 APC Regulation No. 37 was amended to allow automobile manufacturers to 

comply with the National Low Emission Vehicle (NLEV) progiram in lieu of complying 

with the California Low Emission Vehicle program. In 2004 DEM adopted California's 

Low Emission Vehicle II (LEV II) standards to apply to new passenger cars and lightduty trucks sold in Rhode Island beginning in the 2008 model year. 

In September 2005, California amended their LEV II standards to include standards for 

greenhouse gas emissions to apply to model year 2009 and later vehicles . These new 

emissions standards will limit the amount of carbon dioxide, methane, nitrous oxide and 

certain air conditioning refrigerants (expressed as C02-equivalent values) emitted by the 

fleets of vehicles sold by auto manufacturers . 

Description of Proposed Amendments 

The amendments being proposed will adopt changes made to California's Vehicle 

Emission regulations that incorporate motor vehicle greenhouse gas (GHG) emission 

standards for passenger cars, light-duty trucks and medium-duty passenger vehicles, as 

defined in the California regulations and emission standards that were added to the 
California regulations covering the medium-duty weight class of vehicles (8,500 - 14,000 

pounds GVW, as defned in the California regulations) commencing with the 2009 model 

year. 

The addition of the mediumRdu,ty weight class to these regulations will require that new 

vehicles in this class, beginning with the 2009 model year, must also meet the California 

LEV 11 standards just as new passenger cars and light-duty trucks will be required to 

meet the standards beginning with the 2008 model year vehicles . 

The GHG amendments will reduce GHG emissions from the effected vehicles by 

requiring the manufacturers of such vehicles sold in Rhode Island, in aggregate, meet 

corporate fleetwide standards for GHG emissions . These emission standards can be met 

through the use of currently existing technologies and vehicle improvements, many of 

which are already in use in some vehicle models. Manufacturers can meet these standards 

while continuing to provide the full range of vehicles types available today. The table 

below presents the fleet average GHG emission standards as included in the California 

regulations. The standards will be phased in over the 2009-2016 model year period as 

detailed in the table. 

Only large volume manufacturers will be required to meet the fleet average GHG 

emissions for each model year vehicle as presented in the following table. Other 

manufacturers would not be required to comply with the standards until the final year of 

the phase-in (2016). Beginning with model year 2016, these smaller manufacturers will 

be required to meet the 2012 standard as shown in the table beginning with their 2016 

vehicles. 

FLEET AVERAGE GREENHOUSE GAS 

EXHAUST MASS EMISSION REQUIREMENTS FOR 

PASSENGER CAR (PC), LIGHT-DUTY TRUCK (LDT), AND MEDIUM-DUTY 

PASSENGER VEHICLE (MDPV) WEIGHT CLASSES' 

(4,000 mile Durability Vehicle Basis) 

Fleet Average Greenhouse Gas~Emissions 

(grams per mile 002-equivalent) 

Model Year All PCs; 

LDTs 0-375OlbsLVW 

LDTs 

3,371lbs . LVW-8,500 

Lbs. GVW; MDPVs 

2009 323 439 

2010 301 420 

2011 267 390 

2012 233 361 

2013 227 355 

2014 222 350 

_ 2015 213 341 

2016+ 205 332 

Each manufacturer shall demonstrate compliance with these values m accordance with Title 13 CCR 1961 .1(a)(1)(B) 

Source : "Final Statement of Reasons", California Environmental Protection Agency, Air Resources Board -

Regulations to Control Greenhouse Gas Emissions from Motor Vehicles, August 4, 2005. 
DEM is also proposing to amend section 37.3 .5(g) regarding the credits available to 

manufacturers for placing Type III Zero Emission Vehicles (ZEVs), that is, fuel cell 

vehicles, in California and other states that administer the California ZEV requirements 

under section 177 of the Clean Air Act. California currently allows a manufacturer to 

take credit for fuel cell vehicJcs it places in California and any section 177 state. The 

changes proposed to section 37.3 :5(g) are intended to clarify that Rhode Island is also 

allowing fuel cell vehicles placed in California and any other section 177 state to be 

credited against Rhode Island's Type III ZEV requirements . 

Demonstration of Need 

There is a growing consensus that the anthropogenic emission of carbon dioxide and 

other greenhouse gases are contributing to climate change. If this trend continues it could 

have severe impacts on human life and the environment. The transportation sector 

contributes almost 40% of Rhode Island's greenhouse gas emissions . Adopting the 

California standards would reduce carbon dioxide emissions from these classes of 

vehicles by 25% more than the current LEV II program in 2016. 

Rhode Island signed the Climate Change Action Plan adopted by the Conference of New 

England Governors and Eastern Canadian Premiers. That plan set greenhouse gas 

reduction goals for the region of a reduction to 1990 emissions levels by 2010 and 10% 

below 1990 emissions by 2020. The Rhode Island Greenhouse Gas Stakeholder Process 

accepted the NEG/ECP goals as the basis for the Rhode Island Greenhouse Gas Action 

Plan. While adoption of new vehicle GHG standards is not among the 52 options in the 

Action Plan, the reductions available by adopting the California GHG standards would 

significantly contribute to meeting the Action Plan's reduction targets . This program's 

GHG emission reductions are 2 to 2 .5~times higher than any option in the plan . 

A state must adopt California standards two years before the model year for which they 

become effective and it takes a number of years for the newer vehicles to saturate the 

Rhode Island vehicle fleet . Timely adoption is needed to obtain the emissions benefits as 

soon as possible and to maintain consistency with the California *regulations . 

Alternative Approaches Considered 

There are no equivalent federal GHG standards available as a regulatory alternative. 

California's GHG standards are the most stringent and most protective of public health 

and the environment in the absence of federal GHG standards. Because the Clean Air Act 

section 177 requires that states adopting the California regulations (as Rhode Island has) 

maintain identical standards and consistent programs for a given weight class, the only 

regulatory alternative to adopting the GHG standards for light and medium duty 

passenger vehicles would be to revert back to the less stringent federal standards that do 

not address GHG emissions . 

DEM considered not amending the regulations to add the medium-duty vehicle weight 

class to the Rhode Island regulations but felt that it would be better to add these vehicles 

to achieve consistency with the California regulations and neighboring states. This will 

also avoid any instances where vehicles produced to comply with the new GHG 
standards that also fall into the medium-duty weight class will be different than those 

offered for sale in California, in violation of provisions outlined in Section 177 of the 

Clean Air Act. 

Identification of Overlapped or Duplicated State Regulations 

The Office of Air Resources has identified no state regulations that overlap or duplicate 

the proposed amendments. 

Determination of Si2nificant Adverse Economic Impact on Small Business or Any 

Citv or Town 

The increased costs of adding necessary controls to vehicles beginning with model year 

2009 (as shown in the table below), will be entirely offset by operating cost savings over 

the lifetime of the vehicle . Estimates by CARB indicate that a net savings of $170 per 

year during the pay-back period of a 5 year loan will be realized based on gasoline prices 

of $2.20 per gallon . 

State and local government agencies as well as small businesses that own or operate 

passenger vehicles will also be required to buy vehicles meeting the GHG standards. 

Although there will be an initial small cost burden to these agencies and businesses, the 

savings the will be realized in operating costs will offset the initial increase in purchase 

price within the first few years of ownership, based on an average fuel cost of $2 .20 per 

gallon . With higher fuel prices, the offset will be realized sooner. Therefore, the proposed 

regulations will not result in any significant adverse economic impacts to small 

businesses or cities and or towns. 

Average Cost of Controls 

Average Cost of Controls 

Tier Year PC/LDT 1 

(Passenger cars and small 

Trucks/SUVs) 

LDT2 

. (Large trucks/SUVs) 

2009 $17 $36 

Near- 2010 $58 $85 

term 2011 $230 $176 

2012 $367 $277 

2013 $504 $434 

Mid- 2014 $609 $581 

term 2015 $836 $804 

2016 $1,064 _ $1,029 

Source: "Final Statement of Reasons", California Environmental Protection Agency, Air Resources Board - 

Regulations to Control Greenhouse Gas Emissions from Motor Vehicles, August 4, 2005 . 
Public Hearing 

A public hearing regarding the proposed amendments to Air Pollution Control Regulation 

No. 37 "Rhode Island's Low Emission Vehicle Program" will beheld .Providence, RI on 

30 November 2005 at 1 :00 ~M. Written comments may be sent to the Office of Air 

Resources at the address below uintil 4:00 PM on 30 November, unless the hearing officer 

extends the comment period . 

For more information or copies of the proposed amendments contact: 

Frank Stevenson, P.E., Supervising Air Quality Specialist 

Office of Air Resources 

235 Promenade Street 

Providence, RI 02908 

(401) 222-2808 ext. 7021 

toll free 1-800-752-8088 

TCDD (401) 222-6800 

frank.stevenson@dem .ri.gov 

Or, visit the DEM web site at www.dem.ri.gov 
DESCRIPTION OF PROPOSED CHANGES 

These proposed amendments to Air Pollution Control Regulation No. 37 would adopt the 

latest California Exhaust Emission Standards relating to greenhouse gas emissions, add 

the medium-duty weight class vehicles to the regulations and make a clarifying 

amendment for the Zero Emission Vehicle component of the Low Emission Vehicle II 

program. The greenhouse gas emission standards and standards for the medium-duty 

vehicles would apply to new vehicles sold in Rhode Island beginning with model year 

2009. 

These new emissions standards will limit the amount of carbon dioxide, methane, nitrous 

oxide and certain air conditioning refrigerants emitted by the fleets of vehicles sold by 

auto manufacturers. 

The amendments being proposed will adopt changes made to California's Vehicle 

Emission regulations that incorporate motor vehicle greenhouse gas emission standards 

for passenger cars, light-duty trucks and medium-duty passenger vehicles, as defined in 

the California regulations and emission standards that were added to the California 

regulations covering the medium-duty weight class of vehicles (8,500 -14,000 pounds 

GVW, as defined in the California regulations) commencing with the 2009 model year. 

The greenhouse gas amendments will reduce greenhouse gas emissions from the effected 

vehicles by requiring the manufacturers of such vehicles sold in Rhode Island, in 

aggregate, meet corporate fleet-wide standards for greenhouse gas emissions. The 

standards will be phased in over the 2009-2016 model year period as detailed in the 

proposed regulations . 

Only large volume manufacturers will be required to meet the fleet average greenhouse 

gas emissions for each model year vehicle as presented in the proposed regulations. 

Beginning with model year 2016, smaller manufacturers will be required to meet the 

2012 standard as shown in the table beginning with their 2016 vehicles. 

DEM is also proposing to amend section 37.3 .5(g) regarding the credits available to 

manufacturers for placing Type III Zero Emission Vehicles (ZEVs), that is, fuel cell 

vehicles, in California and other states that administer the California ZEV requirements 

under section 177 of the Clean Air Act. California currently allows a manufacturer to 

take credit for fuel cell vehicles it places in California and any section 177 state. The 

changes proposed to section 37.3 .5(g) are intended to clarify that Rhode Island is also 

allowing fuel cell vehicles placed in California and any other section 177 state to be 

credited against Rhode Island's Type III ZEV requirements .