Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.40 - U Low Emission Vehicle Program

Current through Register 1525, July 5, 2024
(1)
U
			 Applicability and Definitions
.
(a) Under the authority of
			 42 U.S.C.
			 7507, M.G.L. c. 111, §§ 142A
			 through 142M, and M.G.L. c. 21N the Department hereby adopts the California
			 Code of Regulations sections cited in
			 310
			 CMR 7.40(1)(c):
Table 1
and
Table 2
.
(b)
Definitions
.
			 When used in
			 310
			 CMR 7.40 or in communications, notices or
			 orders relative thereto, the following words and phrases shall have the
			 meanings ascribed to them below:
Add-on Part
. As defined in Title 13
				CCR § 1900.
Aftermarket Part
. Any part of a motor
				vehicle emission control system sold for installation on a vehicle after the
				original retail sale of the vehicle.
California ARB
. The California Air
				Resources Board.
California ARB Executive Order
. A
				document issued by the California ARB certifying that a specified engine
				family, test group or model year vehicle has met all applicable Title 13 CCR
				requirements for certification and sale in California.
California Code of Regulations
or
CCR
. The official compilation and publication of the
				regulations adopted, amended or repealed by California state agencies pursuant
				to the California Administrative Procedure Act.
Community-based Clean Mobility
				Program
. A program that:
(a) provides access to clean mobility
			 solutions other than vehicle ownership including ZEV car sharing, ride-sharing,
			 vanpools, ride-hailing, or on-demand first-mile/last-mile services;
(b) serves a community in which at least 75%
			 of the census block groups in the project area (where community residents live
			 and services operate) are: a disadvantaged community, as defined in
			 Massachusetts by
			 310
			 CMR 7.40(1)(b), a low-income
			 community, as defined in Massachusetts by
			 310
			 CMR 7.40(1)(b), or a tribal
			 community regardless of federal recognition; and
(c) is implemented by a community-based
			 organization; Native American Tribal government regardless of federal
			 recognition; or a public agency or nonprofit organization that has received a
			 letter of support from a project-related community-based organization or local
			 community group that represents community members that will be impacted by the
			 project or has a service background related to the type of project.
Consolidated Part
. As defined in Title
				13 CCR § 1900.
Disadvantaged Community
.
(a) A Neighborhood that meets one or more of
			 the following criteria:
1. the annual median
			 household income is not more than 65% of the statewide annual median household
			 income;
2. minorities comprise 40%
			 or more of the population;
3. 25%
			 or more of households lack English language proficiency;
4. minorities comprise 25% or more of the
			 population and the annual median household income of the municipality in which
			 the neighborhood is located does not exceed 150% of the statewide annual median
			 household income; or
(b)
			 a geographic portion of a Neighborhood designated by the Secretary as an
			 Environmental Justice Population pursuant to M.G.L. c. 30, § 62; provided,
			 however, that a Neighborhood or a geographic portion of a Neighborhood that the
			 Secretary has determined shall not be designated an Environmental Justice
			 Population pursuant to M.G.L. c. 30, § 62 shall not be considered an
			 Environmental Justice Population.
Emergency Vehicle
. 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.
Emission Control Label
. A paper,
				plastic, metal or other permanent material, welded, riveted or otherwise
				permanently attached to an area within the engine compartment (if any) or to
				the engine in such a way that it will be visible to the average person after
				installation of the engine.
Emissions-related Part
. As defined in
				Title 13 CCR § 1900.
Environmental Performance Label
. A
				decal securely affixed by the manufacturer to a window of vehicles which
				discloses information for the vehicle in accordance with Title 13 CCR §
				1965.
Executive Officer
. The Executive
				Officer of the California ARB or the Executive Officer's authorized
				representative.
Federal Fuel Economy and Environment
				Label
. A label that is affixed by the manufacturer to a window on
				passenger cars, light-duty trucks, and medium-duty passenger vehicles in
				accordance with 40 CFR Parts
				85,
				86 and
				600 as promulgated on July 6,
				2011.
Financial Assistance Program
. A
				vehicle purchase incentive program where approved dealerships accept a
				point-of-sale incentive for used ZEVs and PHEVs for lower-income consumers.
				Qualifying programs include the Massachusetts Offers Rebates for Electric
				Vehicles (MOR-EV), or successor or other State programs that the Department
				determines meet the
Financial Assistance Program
definition.
Greenhouse Gas
. As defined in Title 13
				CCR § 1961.3(f).
Heavy-duty Engine
. As defined in Title
				13 CCR § 1900.
Heavy-duty Vehicle
. As defined in
				Title 13 CCR § 1900.
Independent Low Volume Manufacturer
.
				As defined in Title 13 CCR § 1900.
Intermediate Volume Manufacturer
. As
				defined in Title 13 CCR § 1900.
Large Volume Manufacturer
. As defined
				in Title 13 CCR § 1900.
Light-duty Truck
. As defined in Title
				13 CCR § 1900.
Low-income Community
. A census block
				group in which the annual median household income is not more than 65% of the
				statewide annual median household income.
Mailout
. A widely distributed general
				correspondence issued by the California ARB whenever said Board needs
				information from the public, or when it wishes to inform the public of new
				information.
Manufacturer
. Any small volume
				manufacturer, intermediate volume manufacturer or large volume motor vehicle
				manufacturer which offers, delivers or arranges for the delivery of new motor
				vehicles for sale or lease in Massachusetts.
Manufacturers Advisory Correspondence
.
				A document issued by the California ARB which is a policy interpretation for
				further clarification of the CCR.
Massachusetts Emission Control Waiver
.
				An exemption from the requirements of
				310
				CMR 7.40 granted by the Department in
				conjunction with the MassDOT Registry of Motor Vehicles Division pursuant to
				M.G.L. c. 90, § 2.
Medium-duty Passenger Vehicle
. As
				defined in Title 13 CCR § 1900.
Medium-duty Vehicle
. As defined in
				Title 13 CCR § 1900.
Model Year
. A manufacturer's annual
				production period which includes January 1st of a calendar year or, if the
				manufacturer has no annual production period, the calendar year. In the case of
				any vehicle manufactured in two or more stages, the time of manufacture shall
				be the date of completion of the chassis.
Modified Part
. As defined in Title 13
				CCR § 1900.
Motor Vehicle
or
Vehicle
. Any passenger car, light-duty truck,
				medium-duty passenger vehicle, medium-duty vehicle or heavy-duty vehicle as
				appropriate.
Motor Vehicle Pollution Control
				System
. The combination of emissions-related parts which controls
				air pollutant emissions from a motor vehicle or motor vehicle engine.
Near-zero-emission vehicle (NZEV)
. As
				defined in Title 13 CCR § 1963(c).
New Vehicle
. Any vehicle with 7,500
				miles or fewer on its odometer.
Passenger Car
. As defined in Title 13
				CCR § 1900.
Placed in Service
. As defined in Title
				13 CCR § 1962.1(i).
Recall
. A manufacturer's issuing of
				notices directly to consumers that vehicles in their possession or control
				should be corrected or a manufacturer's efforts to actively locate and correct
				vehicles in the possession or control of consumers.
Recall Campaign
. The plan approved by
				the California ARB or the Department, by which the manufacturer will effect the
				recall of noncomplying vehicles.
Replacement Part
. As defined in Title
				13 CCR § 1900.
Small Volume Manufacturer
. As defined
				in Title 13 CCR § 1900.
Smog Index Label
. A decal securely
				affixed by the manufacturer to a window of all 2001 through 2009 model year
				passenger cars and light-duty trucks which discloses the smog index for the
				vehicle in accordance with Title 13 CCR 1965 and the "California Motor Vehicle
				Emission Control and Smog Index Label Specifications".
Test Vehicle
. 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 the California ARB pursuant to Manufacturers Advisory
				Correspondence No. 8301.
Zero Emission Vehicle (ZEV)
. As
				defined in Title 13 CCR § 1962.2 for Advanced Clean Cars I, Title 13 CCR
				§ 1962.4 for Advanced Clean Cars II and Title 13 CCR § 1963(c) for
				Advanced Clean Trucks.
(c)
			 Wherever
			 310
			 CMR 7.40 refers to a specific section of the
			 CCR, the reference is made to that version of the section as of the
			 operative/effective date provided for that section in
			 310
			 CMR 7.40(1)(c):
Table 1
or
Table 2
. The Department hereby
			 incorporates by reference each of the sections of Titles 13 and 17 CCR that are
			 listed in
			 310
			 CMR 7.40(1)(c):
Table 1
and
Table 2
. Wherever
			 310
			 CMR 7.40 refers to Titles 13 or 17 CCR
			 without a reference to a specific section of the CCR, the reference is made to
			 all those sections listed in, and that version of those sections as of the
			 operative/effective dates provided for in,
			 310
			 CMR 7.40(1)(c):
Table 1
or
Table 2
, respectively.
310 CMR
				7.40(1)(c):
Table
				1
Title 13 CCR
Title
Section Operative/ Effective Date in
							 California
Division 3. Air Resources Board.
CHAPTER 1. Motor Vehicle Pollution Control
							 Devices.
Article 1. General Provisions.
1900
Definitions.
12/22/21
Article 2. Approval of Motor Vehicle Pollution
							 Control Devices (New Vehicles).
1956.8
Exhaust Emissions Standards and Test Procedures -
							 1985 and Subsequent Model Heavy-duty Engines and Vehicles, 2021 and Subsequent
							 Zero-emission Powertrains, and 2022 and Subsequent Model Heavy-duty Hybrid
							 Powertrains.
12/22/21
1960.1
Exhaust Emissions Standards and Test Procedures -
							 1981 through 2006 Model Passenger Cars, Light-duty Trucks and Medium-duty
							 Vehicles.
12/31/12
1960.1.5
Optional NOx Standards for
							 1983 and Later Model Passenger Cars, and Light-duty Trucks and Medium-duty
							 Vehicles Less than 4000 Lbs. Equivalent Inertia Weight (EIW) or 3751 Lbs.
							 Loaded Vehicle Weight (LVW).
9/30/91
1960.5
Certification of 1983 and Subsequent Model-year
							 Federally Certified Light-duty Motor Vehicles for Sale in California.
10/16/02
1961
Exhaust Emission Standards and Test Procedures - 2004
							 through 2019 Model Passenger Cars, Light-duty Trucks, and Medium-duty
							 Vehicles.
12/31/12
1961.1
Greenhouse Gas Exhaust Emission Standards and Test
							 Procedures - 2009 through 2016 Model Passenger Cars, Light-duty Trucks, and
							 Medium-duty Vehicles.
8/7/12
1961.2
Exhaust Emission Standards and Test Procedures - 2015
							 through 2025 Model Year Passenger Cars and Light-duty Trucks, and 2015 through
							 2028 Model Year Medium-duty Vehicles.
11/30/22
1961.4
Exhaust Emission Standards and Test Procedures - 2026
							 and Subsequent Model Year Passenger Cars, Light-duty Trucks, and Medium-duty
							 Vehicles.
11/30/22
1961.3
Greenhouse Gas Exhaust Emission Standards and Test
							 Procedures 2017 and Subsequent Model Passenger Cars, Light-duty Trucks, and
							 Medium-duty Passenger Vehicles.
11/30/22
1962(a), (b), (c), (d), (e), (f), (g)(l-7), (h), (i),
							 Cj)
Zero-emission Vehicle Standards for 2005 through 2008
							 Model Year Passenger Cars, Light-duty Trucks, and Medium-duty Vehicles,
							 Including California Exhaust Emission Standards and Test Procedures for 2005
							 through 2008 Model Zero-emission Vehicles, and 2001through 2008 and Subsequent
							 Model Hybrid Electric Vehicles, in the Passenger Car, Light-duty Truck and
							 Medium-duty Vehicle Classes, except for § C.7 and 8.
2/13/10
1962.1(a), (b),(c), (d), (f), (g)(l-7), (h), (i),
							 (j), (1)
Zero-emission Vehicle Standards for 2009 through 2017
							 Model Year Passenger Cars, Light-duty Trucks, and Medium-duty Vehicles,
							 Including California Exhaust Emission Standards and Test Procedures for 2009
							 through 2017 Model Zero-emission Vehicles Hybrid Electric Vehicles, in the
							 Passenger Car, Light-duty Truck and Medium-duty Vehicle Classes, except for
							 § C.7 and 8.
1/1/16
1962.2(a), (b), (c), (d), (g)(1) through (7), (h),
							 (i), G), (1)
Zero-emission Vehicle Standards for 2018 through 2025
							 Model Year Passenger Cars, Light duty Trucks, and Medium duty Vehicles,
							 Including California Exhaust Emission Standards and Test Procedures for 2018
							 and Subsequent Model Zero emission Vehicles and Hybrid Electric Vehicles, in
							 the Passenger Car, Light duty Truck and Medium duty Vehicle Classes, except for
							 § C.7 and 8.
11/30/22
1962.3
Electric Vehicle Charging Requirements.
11/30/22
1962.4(a) through (m)(2), (n) and (o)
Zero-emission Vehicle Standards for 2026 and
							 Subsequent Model Year Passenger Cars and Light-duty Trucks.
11/30/22
1962.5
Data Standardization Requirements for 2026 and
							 Subsequent Model Year Light-duty Zero Emission Vehicles and Plug-in Hybrid
							 Electric Vehicles.
11/30/22
1962.6
Battery Labeling Requirements.
11/30/22
1962.7
In-use Compliance, Corrective Action and Recall
							 Protocols for 2026 and Subsequent Model Year Zero-emission and Plug-in Hybrid
							 Electric Passenger Cars and Light-duty Trucks.
11/30/22
1962.8
Warranty Requirements for Zero-emission and Batteries
							 in Plug-in Hybrid Electric 2026 and Subsequent Model Year Passenger Cars and
							 Light-duty Trucks.
11/30/22
1963
Advanced Clean Trucks Purpose, Applicability,
							 Definitions, and General Requirements.
3/15/21
1963.1
Advanced Clean Trucks Deficits.
3/15/21
1963.2
Advanced Clean Trucks Credit Generation, Banking, and
							 Trading.
3/15/21
1963.3
Advanced Clean Trucks Compliance
							 Determination.
3/15/21
1963.4
Advanced Clean Trucks Reporting and
							 Recordkeeping.
3/15/21
1963.5(a)(1) through (3)
Advanced Clean Trucks Enforcement.
3/15/21
1964
Special Test Procedures for Certification and
							 Compliance - New Modifier Certified Motor Vehicles.
2/23/90
1965
Emission Control, Smog Index, and Environmental
							 Performance Labels - 1979 and Subsequent Model-year Motor Vehicles.
11/30/22
1968.1
Malfunction and Diagnostic System Requirements - 1994
							 and Subsequent Model-year Passenger Cars, Light-duty Trucks and Medium-duty
							 Vehicles and Engines.
11/27/99
1968.2
Malfunction and Diagnostic System Requirements - 2004
							 and Subsequent Model-year Passenger Cars, Light-duty Trucks, and Medium-duty
							 Vehicles and Engines.
11/30/22
1971.1
On-board Diagnostic System Requirements - 2010 and
							 Subsequent Model-year Heavy-duty Engines.
12/22/21
1976
Standards and Test Procedures for Motor Vehicle Fuel
							 Evaporative Emissions.
11/30/22
1978
Standards and Test Procedures for Vehicle Refueling
							 Emissions.
11/30/22
Article 6. Emission Control System Warranty.
2035
Purpose, Applicability, and Definitions.
12/22/21
2036
Defects Warranty Requirements for 1979 Through 1989
							 Model Passenger Cars, Light-duty Trucks, and Medium-duty Vehicles; 1979 and
							 Subsequent Model Motorcycles and Heavy-duty Vehicles; and Motor Vehicle Engines
							 Used in Such Vehicles; and 2020 and Subsequent Model Year Trailers.
12/22/21
2037
Defects Warranty Requirements for 1990 and Subsequent
							 Model Passenger Cars, Light-duty Trucks, Medium-duty Vehicles, and Motor
							 Vehicle Engines Used in Such Vehicles.
11/30/22
2038
Performance Warranty Requirements for 1990 and
							 Subsequent Model Passenger Cars, Light-duty Trucks, and Medium-duty Vehicles
							 and Motor Vehicle Engines Used in Such Vehicles.
11/30/22
2039
Emissions Control System Warranty Statement.
12/26/90
2040
Vehicle Owner Obligations.
10/1/19
2041
Mediation; Finding of Warrantable Condition.
12/26/90
Article 7. Procedures for Certifying Used
							 Modifier-certified Motor Vehicles and Licensing Requirements for Vehicle
							 Emission Test Laboratories.
2047
Certification Procedures for Used Modifier-certified
							 Motor Vehicles.
5/31/88
CHAPTER 2. Enforcement of Vehicle Emission Standards
							 and Surveillance Testing.
Article 1. Assembly-line Testing.
2061
Assembly-line Test Procedures - 1983 and Subsequent
							 Model Years.
10/23/96
2062
Assembly-line Test Procedures - 1998 and Subsequent
							 Model Years.
8/7/12
Article 1.5 Enforcement of Vehicle Emission Standards
							 and Surveillance Testing for 2005 and Subsequent Model Year Heavy-duty Engines
							 and Vehicles.
2065
Applicability of Chapter 2 to 2005 and Subsequent
							 Model Year Heavy-duty Engines and Vehicles.
4/1/19
Article 2. Enforcement of New and In-use Vehicle
							 Standards.
2101
Compliance Testing and Inspection -New Vehicle
							 Selection, Evaluation, and Enforcement Action.
11/27/99
2106
New Vehicle Assembly-line Inspection Testing.
11/27/99
2107
Assembly-line Quality-audit Testing.
11/27/99
2108
Order of Executive Officer.
12/30/83
2109
New Vehicle Recall Provisions.
12/30/83
2110
Remedial Action for Assembly-line Quality Audit
							 Testing of Less Than a Full Calendar Quarter of Production Prior to the 2001
							 Model Year.
11/27/99
Article 2.1 Procedures for In-use Vehicle Voluntary
							 and Influenced Recalls.
2111
Applicability.
12/22/21
2112
Definitions.
11/30/22
2113
Initiation and Approval of Voluntary and Influenced
							 Emission-related Recalls.
12/22/21
2114
Voluntary and Influenced Recall Plans.
12/22/21
2115
Eligibility for Repair.
12/22/21
2116
Repair Label.
12/22/21
2117
Proof of Correction Certificate.
12/22/21
2118
Notification.
12/22/21
2119
Recordkeeping and Reporting Requirements.
12/22/21
2120
Other Requirements Not Waived.
1/26/95
2121
Penalties.
12/22/21
Article 2.2. Procedures for In-use Vehicle Ordered
							 Recalls.
2122
General Provisions.
12/8/10
2123
Initiation and Notification of Ordered
							 Emission-related Recalls.
12/22/21
2124
Availability of Public Hearing.
1/26/95
2125
Ordered Recall Plan.
12/22/21
2126
Approval and Implementation of Recall Plan.
12/22/21
2127
Notification of Owners.
12/22/21
2128
Repair Label.
12/22/21
2129
Proof of Correction Certificate.
12/22/21
2130
Capture Rates and Alternative Measures.
12/22/21
2131
Preliminary Tests.
12/22/21
2132
Communication with Repair Personnel.
1/26/95
2133
Recordkeeping and Reporting Requirements.
12/22/21
2134
Penalties.
1/26/95
2135
Extension of Time.
1/26/95
Article 2.3. In-use Vehicle Enforcement Test
							 Procedures.
2136
General Provisions.
12/8/10
2137
Vehicle, Engine, and Trailer Selection.
12/22/21
2138
Restorative Maintenance.
11/27/99
2139
Testing.
11/30/22
2140
Notification and Use of Test Results.
11/30/22
Article 2.4. Procedures for Reporting Failures of
							 Emission-related Components.
2141
General Provisions.
12/22/21
2142
Alternative Procedures.
12/22/21
2143
Failure Levels Triggering Recall and Corrective
							 Action.
12/22/21
2144
Emission Warranty Information Report.
12/22/21
2145
Field Information Report.
12/22/21
2146
Emissions Information Report.
12/22/21
2147
Demonstration of Compliance with Emission
							 Standards.
11/30/22
2148
Evaluation of Need for Recall.
12/22/21
2149
Notification and Subsequent Action.
12/22/21
Article 3. Surveillance Testing.
2150
Assembly-line Surveillance.
12/30/83
2151
New Motor Vehicle Dealer Surveillance.
12/30/83
2152
Surveillance of Used Cars at Dealerships.
12/30/83
Article 5. Procedures for Reporting Failures of
							 Emission-Related Equipment and Required Corrective Action.
2166
General Provisions.
12/22/21
2166.1
Definitions.
12/22/21
2167
Required Recall and Corrective Action for Failures of
							 Exhaust After-treatment Devices, Onboard Computers or Systems, Urea Dosers,
							 Hydrocarbon Injectors, Exhaust Gas Recirculation Valves, Exhaust Gas
							 Recirculation Coolers, Turbochargers, Fuel Injectors.
12/22/21
2168
Required Corrective Action and Recall for
							 Emission-Related Component Failures.
12/22/21
2169
Required Recall or Corrective Action Plan.
12/22/21
2169.1
Approval and Implementation of Corrective Action
							 Plan.
12/22/21
2169.2
Notifications of Owners.
12/22/21
2169.3
Repair Label.
12/22/21
2169.4
Proof of Correction Certificate.
12/22/21
2169.5
Preliminary Tests.
12/22/21
2169.6
Communication with Repair Personnel.
12/22/21
2169.7
Recordkeeping and Reporting Requirements.
12/22/21
2169.8
Extension of Time.
12/22/21
Chapter 4. Criteria for the Evaluation of Motor
							 Vehicle Pollution Control Devices and Fuel Additives.
Article 2. Aftermarket Parts.
2221
Replacement Parts.
12/30/83
2222
Add-on Parts and Modified Parts
8/16/90
2224
Surveillance.
1/1/22
310 CMR
				7.40(1)(c):
Table
				2
Title 17 CCR
Title
Section Operative/ Effective Date in
							 California
Division 3. Air Resources.
CHAPTER 1. Air Resources Board.
Subchapter 10. Climate Change.
Article 4. Regulations to Achieve Greenhouse Gas
							 Emission Reductions.
Subarticle 12. Greenhouse Gas Emission Requirements
							 for New 2014 and Subsequent Model Heavy-duty Vehicles.
95660
Purpose.
12/5/14
95661
Applicability.
12/5/14
95662
Definitions.
4/1/19
95663
Greenhouse Gas Exhaust Emission Standards and Test
							 Procedures for New 2014 and Subsequent Model Heavy-duty Vehicles.
4/1/20
(d)
									310
			 CMR 7.40 is applicable to manufacturers and
			 to persons who place in service, deliver for sale, sell, lease, offer for sale
			 or lease, import, deliver, purchase, rent, acquire or receive, motor vehicles
			 and motor vehicle engines in or into Massachusetts and are regulated by the
			 following current programs:
1. Advanced Clean
			 Cars I consisting of:
a. Low Emission Vehicle
			 Program III as described in Title 13 CCR for:
i. Criteria pollutants is applicable for
			 model years 2015 through 2025;
ii.
			 Greenhouse gas pollutants is applicable starting with model year 2017;
			 and
b. Zero Emission
			 Vehicle Program as described in Title 13 CCR is applicable for model years 2018
			 through 2025.
2.
			 Greenhouse Gas Exhaust Emission Standards and Test Procedures as described in
			 Titles 13 and 17 CCR is applicable starting with model year 2025.
3. Advanced Clean Trucks as described in
			 Title 13 CCR is applicable starting with model year 2025; early action credits
			 as described in Advanced Clean Trucks may be earned starting with model year
			 2021.
4. Heavy duty Omnibus as
			 described in Title 13 CCR is applicable starting with model year 2025; NOx
			 credits as described in Heavy duty Omnibus may be earned starting with model
			 year 2022.
5. Advanced Clean Cars
			 II consisting of:
a. Low Emission Vehicle
			 Program IV as described in Title 13 CCR for criteria pollutants is applicable
			 starting with model year 2026;
b.
			 Zero Emission Vehicle Program as described in Title 13 CCR is applicable
			 starting with model year 2026; early compliance vehicle values as described in
			 the Zero Emission Vehicle Program may be earned starting with model year
			 2024.
(e) All
			 documentation referenced in the Titles 13 and 17 CCR sections listed in
			 310
			 CMR 7.40(1)(c):
Table 1
and
Table 2
including, but not
			 limited to, California Test Procedures and 40 CFR Part 86, are hereby
			 incorporated by reference.
(f)
			 Pursuant to the requirements of
			 42 U.S.C.
			 7507, the Department shall apply technical
			 guidance issued by the California ARB relative to the implementation of Titles
			 13 and 17 CCR including, but not limited to, Manufacturers Advisory
			 Correspondences and Mailouts to all vehicles subject to
			 310
			 CMR 7.40.
(g) For purposes of applying the CCR sections
			 and California Test Procedures incorporated by reference in
			 310
			 CMR 7.40, "California" shall mean
			 "Massachusetts", unless the context clearly indicates otherwise.
For
			 example,
"delivered for sale in California" and "placed in service in
			 California" shall mean vehicles "delivered for sale in Massachusetts" or
			 "placed in service in Massachusetts". Note that determinations of whether a
			 manufacturer is a large, medium, small or independent low volume manufacturer
			 are based on California sales.
(h)
			 For purposes of applying the CCR sections and California Test Procedures
			 incorporated by reference in
			 310
			 CMR 7.40, "Executive Officer" shall mean
			 "Commissioner," unless the context clearly indicates otherwise.
(i) For purposes of enforcing the CCR
			 sections and California Test Procedures incorporated by reference in
			 310
			 CMR 7.40, the Department shall conduct
			 enforcement in accordance with
			 310
			 CMR 7.40(7).
(j) For purposes of implementing Title 13 CCR
			 § 1962.4, the definitions of "Community-based Clean Mobility Program" and
			 "Financial Assistance Program" in Title 13 CCR § 1962.4(l) are replaced
			 with those in
			 310
			 CMR 7.40(1)(b).