310 CMR 7.40 U Low Emission Vehicle Program

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.40
• Year: 2020

(1) U Applicability and Definitions.

(a) Under the authority of 42 U.S.C. 42New motor vehicle emission standards in nonattainment areas7507, M.G.L. c. 111, §§ 142A through 142M, and M.G.L. c. 21N the Department hereby adopts the California Low Emission Vehicle program.

(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 means any aftermarket part which is not a modified part or a replacement part. AFTERMARKET PART means any part of a motor vehicle emission control system sold for installation on a vehicle after the original retail sale of the vehicle. AUTOMOTIVE-RELATED GLOBAL REVENUE means global net revenues in U.S. dollars derived from the sale of passenger cars, light-duty trucks, and medium-duty vehicles, as reported in the most recently available audited annual consolidated financial statements or reports If these financial statements or reports are published using a currency other than U.S. dollars, the value of net revenues is to be converted to U.S. dollars using the average foreign exchange (FX) rate during the corresponding fiscal year as reported by USForex. CONSOLIDATED PART means a part which is designed to replace a group of original equipment parts and which is functionally identical of those original equipment parts in all respects which in any way affect emissions (including durability). 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. EMISSION CONTROL LABELS means 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 in all 1995 and subsequent model year passenger cars and light-duty trucks and 2003 and subsequent model year medium-duty vehicles and 2005 and subsequent model year heavy-duty engines and vehicles certified for sale in California, in accordance with Title 13 CCR § 1965 and "California Motor Vehicle Emission Control and Smog Index Label Specifications". EMISSION CONTROL WAIVER means 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. EMISSIONS-RELATED PART means any automotive part, which affects any regulated emissions from a motor vehicle which is subject to California or federal emission standards. This includes, at a minimum, those parts specified in the "Emissions-Related Parts List," adopted by the California Air Resources Board. ENVIRONMENTAL PERFORMANCE LABEL means a decal securely affixed by the manufacturer to a window of all 2010 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles which discloses the smog and global warming scores for the vehicle in accordance with Title 13, CCR § 1965 and the "California Motor Vehicle Emission Control, Smog Index, and Environmental Performance Label Specifications". EXECUTIVE ORDER means a document issued by the California Air Resources Board 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. EXECUTIVE OFFICER means the Executive Officer of the California Air Resources Board. FEDERAL FUEL ECONOMY AND ENVIRONMENTAL LABEL means a Federal Label that is affixed by the manufacturer to a window on all 2013 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles and would deem automobile manufacturers compliant with the federal Economy and Environmental Label published in 40 CFR Parts 85, 86 and 600 as promulgated on July 6, 2011 as compliant with the California Environmental Performance Label requirements. FLEETWIDE AVERAGE means a motor vehicle manufacturer's average vehicle emissions of all non-methane organic gases, non-methane organic gases plus oxides of nitrogen, or all greenhouse gases from all vehicles subject to 310 CMR 7.40, delivered for sale to Massachusetts in any model year, based on the calculation in Title 13 CCR § 1960.1(g)(2), 1961, 1961.1, 1961.2, or 1961.3. GREENHOUSE GAS means any of the following gases: carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons. GREENHOUSE GAS VEHICLE TEST GROUP means vehicles that have an identical test group, vehicle make and model transmission class and driveline, aspiration method (e.g naturally aspirated, turbocharged), camshaft configuration, valvetrain configuration, and inertia weight class. HEAVY-DUTY ENGINE means any engine used to propel a heavy-duty vehicle. HEAVY-DUTY VEHICLE means any motor vehicle having a manufacturer's gross vehicle weight rating greater than 6,000 lbs., except passenger cars.

INDEPENDENT LOW VOLUME MANUFACTURER means a manufacturer with California annual sales of less than 10,000 new passenger cars, light-duty trucks and medium-duty vehicles following aggregation of sales pursuant to Title 13 CCR § 1900(b)(8). Annual sales shall be determined as the average number or sales sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for a manufacturer certifying for the first time in California, annual sales shall be based on projected California sales for the model year. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. The annual sales from different firms shall be aggregated in the following situations:

(a) vehicles produced by two or more firms, one of which is 10% or greater part owned by another; or

(b) vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or

(c) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or

(d) vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

INTERMEDIATE VOLUME MANUFACTURER means any pre-2001 model year manufacturer with California sales between 3,001 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2003 through 2017 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification; and any 2018 and subsequent model year manufacturer with California sales between 4,501 and 20,000 new light-and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification. For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer.

(a) For purposes of applying the 2005 through 2017 model year zero-emission vehicle requirements for intermediate-volume manufacturers under Title 13 CCR § 1962(b) or 1962.1(b), as applicable the annual sales from different firms shall be aggregated in the case of:1. vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or 2. vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm.

(b) For purposes of applying the 2009 through 2016 model year Greenhouse Gas requirements for intermediate volume manufacturers under Title 13 CCR...