State ofRhode Island Department of Environmental Management Office ofAir 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 ofAir Resources, is proposing to amendAir 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-dutyweight class vehicles to the regulations and make a clarifying amendment forthe Zero Emission Vehicle component ofthe 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 

### Thefederal CleanAir Act generally reserves the ability to set and enforce emissions standard for new

vehicles for the federal government, except theAct 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) progiramin lieu of complying with the California LowEmission 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 2009and 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 ofvehicles 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 ofvehicles (8,500 - 14,000

pounds GVW, as defned in the California regulations) commencing with the 2009 model year. Theaddition ofthe mediumRdu,ty weight class to these regulations will require that new vehicles in this class, beginningwith the 2009 model year, must also meet the California LEV11 standardsjust as new passengercars and light-duty trucks will be required to meetthe standards beginning with the 2008 model year vehicles. The GHGamendments will reduce GHGemissions fromthe effected vehicles by requiring the manufacturers ofsuch vehicles sold in Rhode Island, in aggregate, meet corporate fleetwide standards for GHG emissions. These emission standards can be met through the use ofcurrently 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 ofvehicles types available today. The table below presents the fleet average GHGemission 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 PASSENGERCAR (PC), LIGHT-DUTY TRUCK (LDT), AND MEDIUM-DUTY

PASSENGERVEHICLE (MDPV) WEIGHT CLASSES'

(4,000 mile Durabili ty Vehicle Basis) FleetAverage Greenhouse Gas~Emissions (grams p er 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 thesevalues m accordance with Title 13 CCR 1961 .1(a)(1)(B) Source: "Final Statementof Reasons", California Environmental Protection Agency, Air Resources Board
- Regulations to Control Greenhouse Gas Emissions fromMotor 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 ofthe 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 ofcarbon dioxide and other greenhouse gases are contributing to climate change. Ifthis 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 fromthese classes of vehicles by 25%more than the current LEVII programin 2016 . Rhode Island signed the Climate Change Action Plan adopted by the Conference ofNew England Governors and Eastern Canadian Premiers
. That plan set greenhouse gas reduction goals for the region ofa reduction to 1990emissions levels by 2010 and 10% below1990 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 GHGemission 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 ofyears 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 GHGstandards 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 offederal 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 GHGstandards 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-dutyweight class will be different than those

offered for sale in California, in violation of provisions outlined in Section 177 ofthe Clean Air Act. Identification of Overlapped or Duplicated State Regulations 

### The Office ofAir Resources has identified no state regulations that overlap or duplicate the proposed amendments. Determination ofSi2nificant Adverse Economic Impact on Small Business or Any Citv or Town 

### The increased costs ofadding 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 ofthevehicle
. Estimates by CARB indicate that a net savings of $170per year during the pay-back period ofa 5 year loan will be realized based on gasoline prices of $2.20per 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 ofownership, 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 ofControls Tier Year PC/LDT1 (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 Statementof Reasons", California Environmental Protection Agency, Air Resources Board - Regulations toControl Greenhouse Gas Emissions fromMotor Vehicles, August 4, 2005.Public Hearing



### Apublic hearing regarding the proposed amendments to Air Pollution Control Regulation No. 37 "Rhode Island's Low Emission Vehicle Program" will beheld .Providence, RI on 30November 2005 at 1 :00 ~M . Written comments may be sent to the Office ofAir Resources at the address belowuintil 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 ofAir 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

# DESCRIPTIONOF PROPOSED CHANGES

Theseproposed amendments to AirPollution Control Regulation No. 37 would adopt the latest California Exhaust Emission Standards relatingto greenhouse gas emissions, add the medium-dutyweight class vehicles to the regulations andmake a clarifying amendment for the Zero Emission Vehicle component ofthe Low Emission Vehicle II program . The greenhouse gas emission standards and standards for the medium-duty vehicles would applyto new vehicles sold in Rhode Island beginningwith model year 2009. Thesenew

emissions standards will limit the amount ofcarbon dioxide, methane, nitrous oxide and certain air conditioning refrigerants emittedby the fleets ofvehicles sold by auto manufacturers. The amendments being proposed will adopt changes made to California's Vehicle Emission regulations that incorporate motorvehicle greenhouse gas emission standards forpassenger cars, light-duty trucks and medium-dutypassenger vehicles, as defined in the California regulations and emission standards thatwere added to the California regulations coveringthe medium-dutyweight class ofvehicles (8,500 -14,000pounds GVW, as defined in the California regulations) commencing with the 2009 model year. The greenhouse gas amendments will reduce greenhouse gas emissions fromthe effected vehicles byrequiring the manufacturers ofsuch vehicles sold in Rhode Island, in aggregate, meet corporate fleet-wide standards for greenhouse gas emissions. The standards will be phased in over the 2009-2016model year period as detailed in the proposed regulations. Only largevolume manufacturers will be required to meet the fleet average greenhouse gas emissions for each model year vehicle as presented in the proposed regulations. Beginningwith model year 2016, smallermanufacturers will be required to meet the 2012 standard as shown in the table beginningwith their 2016vehicles. DEM is also proposing to amend section 37.3.5(g) regarding the credits available to manufacturers for placingType III Zero Emission Vehicles (ZEVs), that is, fuel cell vehicles, in California and other states that administer the California ZEVrequirements under section 177 ofthe CleanAir 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.