Rhode Island's Low-Emission Vehicle Program


250-RICR-120-05-37 ACTIVE RULE

There are proposed changes for this rule. View Details
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37.1Purpose and Authority

37.2Application

37.3Severability

37.4Incorporated Materials

37.5Definitions

37.6Applicability

37.7New Vehicle Emission Requirements

37.8Manufacturer Fleet Requirements

37.9Exemptions

37.10Tampering Prohibited

37.11Warranty

37.12Manufacturer Reporting Requirements

37.13Enforcement


Title 250 Department of Environmental Management
Chapter 120 Air Resources
Subchapter 05 Air Pollution Control
Part 37 Rhode Island's Low-Emission Vehicle Program
Type of Filing Amendment
Regulation Status Active
Effective 12/21/2023

Regulation Authority:

R.I. Gen. Laws § 42-17.1-2(19)
R.I. Gen. Laws Chapter 23-23
R.I. Gen. Laws Chapter 42-35
42 U.S.C. § 7543
42 U.S.C. § 7507

Purpose and Reason:

The regulatory changes proposed in this filing are identical to the regulatory language originally noticed on 08/07/2023. During that public comment period, a technical error within the RICR system may have prevented comments submitted through RICR’s attachment field from being received by the agency. Any comments submitted directly through RICR’s text box option (with no attachments) or submitted directly to the agency were processed successfully. 250-RICR-120-05-37 is being noticed for a second public comment period to ensure that the agency receives all public comments as originally intended.

Comments that were received by the agency during the initial public comment period (08/07/2023 through 09/08/2023) will be considered and included in the agency’s Concise Explanatory Statement. If you have questions about whether your comment was received by the agency, please reach out to the contact listed below.

The purpose of this rule is to adopt or amend key regulations that reduce greenhouse gas and criteria pollutant emissions from passenger cars, light-duty trucks, and medium- and heavy-duty vehicles that are delivered for sale or placed in service in Rhode Island. Rhode Island has previously adopted California’s emissions standards for passenger cars and trucks and, with this rulemaking, would further opt-in to California’s standards by amending 250-RICR-120-05-37 to include new standards for medium- and heavy-duty vehicles.

This suite of rules includes the adoption of California’s Advanced Clean Trucks Rule, the Low NOx Heavy-Duty Omnibus Rule, and the Phase 2 Greenhouse Gas Rule, and amendments to California’s Advanced Clean Cars program which was previously adopted in Rhode Island and incorporates previously adopted rules to control criteria and GHG emissions.

The regulation applies to light-duty, medium- and heavy-duty engine/vehicle manufacturers. The Advanced Clean Trucks Rule (ACT) requires the sale of at least 30% zero-emission trucks by 2030 (depending on vehicle classification). The Low NOx Heavy-Duty Vehicle Omnibus Rule (HD Omnibus) requires a 90% reduction in NOx emissions for model year (MY) 2027 engines. The Phase 2 Greenhouse Gas Rule (Phase 2 GHG) sets greenhouse gas emission standards for heavy-duty trucks and truck trailers. Advanced Clean Cars II (ACCII) requires that all passenger car and light-duty truck vehicles delivered for sale by 2035 meet the definition of zero-emission vehicle and will further reduce smog-forming and GHG emissions from new internal combustion engine vehicles (ICEVs).