06- 096 C.M.R. ch. 127, § 4

Current through 2024-46, November 13, 2024

Section 096-127-4 - Prohibitions

A.New Vehicle Emission Requirements. No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import, or rent a new vehicle that is a 2001 and subsequent model-year passenger car or light-duty truck or 2003 and subsequent model-year medium-duty vehicle, unless the vehicle or engineis California-certifiedand complies with the following criteria:

(1) The exhaust emissions standards in Title 13, California Code of Regulations Sections 1956.8 (c),(g) or (h), 1960.1, 19611961.1, 1961.2, 1961.3, 1962, 1962.1 or 1962.2; and

(2) The emission control label requirements, the smog index label requirements for 2002 through 2009 model-years, and the "Environmental Performance Label" or a "Federal Fuel Economy and Environmental Label" securely affixed to a window of the vehicle for 2010 and subsequent model-years in accordance with Title 13, California Code of Regulations Section 1965. No motor vehicle dealer in Maine shall remove or cause removal of an "Environmental Performance Label" or a "Federal Fuel Economy and Environmental Label" affixed to any motor vehicle subject prior to the sale or lease of the vehicle.

(3) The evaporative emissions standards in Title 13, California Code of Regulations Section 1976;

(4) The refueling emissions standards in Title 13, California Code of Regulations Section 1978;

(5) The malfunction and diagnostic system requirements in Title 13, California Code of Regulations Section 1968.1;

(6) The assembly-line testingprocedure requirements in Title 13, California Code of Regulations Section 2062; and

(7) The specifications for fill pipes and openings of motor vehicle fuel tanks in Title 13, California Code of Regulations Section 2235.

B.New Heavy-Duty Diesel Vehicle Requirements. No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import, or rent a 2005 or 2006 and 2008 and subsequent model-year heavy-duty diesel engine, a new motor vehicle equipped with a 2005 or 2006 and 2008 and subsequent model-year heavy-duty diesel engine, or a motor vehicle with a new 2005 or 2006 and 2008 and subsequent model-year heavy-duty diesel engine, unless the vehicle and engineare California-certifiedand complies with the following criteria:

(1) The exhaust emissions standards in Title 13, California Code of Regulations Section 1956.8.

(2) Any diesel fueled auxiliary power system installed on a vehicle certified with a 2007 and subsequent model year heavy duty diesel engine must be California certified and comply with the requirements specified in Title 13 California Code of Regulations Section 2485(c)(3) or meet EPA's Tier 4 standards pursuant to 40 CFR Part 1039 (last amended July 13, 2005).

C.Zero Emission Vehicle Requirements. Beginning with the 2009 model year, each manufacturer's sales fleet of passenger cars (PCs), light-duty truck 1 (LDT1), and light-duty truck 2 (LDT2) vehicles as applicable, produced and delivered for sale in the State of Maine shall contain at least the same percentage of ZEVs subject to the requirements, including credit and banking provisions, set forth in the Title 13 California Code of Regulations, Section 1962.1 and 1962.2 using Maine specific vehicle numbers.

D.Alternative Zero Emission Vehicle Compliance. As an alternative means of compliance with the requirements of Section 4(C), an automobile manufacturer may instead opt to utilize the following alternative compliance mechanisms. If a manufacturer opts to utilize the alternative compliance mechanisms, such manufacturer shall notify the commissioner in writing by October 1, 2005.

(1) A manufacturer may earn Maine ZEV credits for the introduction into Maine of PZEVs, AT PZEVs, and ZEVs beginning with 2004 model year provided that:

(a) The vehicle credit values for this alternative compliance path shall be the same as the Title 13 California Code of Regulations, Section 1962.

(b) After the credit value for a 2004 through 2008 model year vehicle is established by CARB pursuant to Title 13 California Code of Regulations, Section 1962, a Maine multiplier will be applied to such credit value for that vehicle in accordance with Table 1. The Maine multiplier shall not be applied to all ZEV Types that qualify for the travel provision as identified in the Title 13 California Code of Regulations, Section 1962(d)(5)(D).

Table 1, Maine Multiplier

Model Year	Requirement	PZEV Credit Multiplier	AT PZEV Credit Multiplier	ZEV Credit Multiplier
2004	Voluntary Early Introduction	1.5	2.25	3
2005	Voluntary Early Introduction	1.5	2.25	3
2006	Voluntary Early Introduction	1.3	1.7	2
2007	Voluntary Early Introduction	1.15	1.3	1.5
2008	Voluntary Early Introduction	1.15	1.3	1.5
2009	Equivalency with California Program	1	1	1

(c) Maine ZEV credit use, life, banking and trading will be calculated as per California Code of Regulations, Title 13, Sections 1962 or 1962.1.

(d) The commissioner shall calculate the amount of credits earned based on the report received pursuant to Section 8(B)(3). The commissioner shall establish ZEV compliance accounts for each manufacturer and allocate the credits earned to such compliance accounts, including separate accounts for PZEV, AT-PZEV, Enhanced AT-PZEV, NEV, Types 0, I, I.5 II, III, IV and V ZEVs, transportation systems, and extended service. For each account, in the event that the number of credits earned pursuant to this subsection is less than the number of credits that would have been awarded to a manufacturer under Section 4(D)(2), the commissioner shall calculate the difference and apply a number of credits equal to such difference to such manufacturer's compliance account.

(e) A manufacturer shall be entitled to the defined credits for all ZEV Types as specified in the travel provisions pursuant to the California Code of Regulations, Title 13, Sections 1962(d)(5)(D) or 1962.1(d)(5)(E). Starting with 2010 and subsequent model years, qualifying ZEV Types placed in service in California or any Section 177 State may be counted towards compliance in California and in all Section 177 States provided that the credits are multiplied by the ratio of a LVM's production volume in a Section 177 State for the same model year in California as specified in Title 13 California Code of Regulations, Sections 1962.1(d)(5)(E).

(2) The commissioner shall set aside a number of Maine ZEV credits proportionally equivalent to the number of ZEV credits possessed by the requesting manufacturer, for use in the State of California at the beginning of the 2009 model year. This transfer will be performed only after all credit obligations for model years 2008 and earlier have been satisfied in California. The manufacturer's California credit balances shall be multiplied by the ratio of the average number of PCs,LDT1, and LDT2 vehicles as applicable, produced and delivered for sale in Maine to the combined average number of PCs,LDT1, and LDT2 vehicles as applicable produced and delivered for sale in California in model years 2003 through 2005 or, alternatively, by the ratio of PCs, LDT1, and LD2 vehicles produced and delivered for sale in Maine to the combined number of PCs, LDT1s, and LDT2 vehicles as applicable, produced and delivered for sale in California in model year 2009. In either case, the time period used to determine the credit transfer ratio will also be used to determine model year 2009 ZEV sales requirements in Maine.

The commissioner shall establish ZEV compliance accounts for each manufacturer and allocate the credits calculated under this section 4(D)(2) to such compliance accounts, including separate accounts for PZEV, AT-PZEV, Enhanced ATPZEV, NEV, Type 0 ZEVs, Type I ZEVs, Type I.5 ZEVs, Type II ZEVs, Type III ZEVs, Type IV ZEVs, Type V ZEVs, transportation systems, and extended service. The commissioner shall notify such manufacturer of the number of ZEV credits available for use by July 31, 2009 and annually thereafter. Credits issued pursuant to this subsection may only be used in Maine for compliance with the ZEV provisions of section 4(C) subject to the same requirements and limitations on credit use set forth in the Title 13 California Code of Regulations, Section 1962.1 adjusted for Maine specific vehicle numbers.

A manufacturer shall be entitled to the defined credits for all ZEV Types as specified in the travel provisions pursuant to the California Code of Regulations, Title 13, Sections 1962(d)(5)(D) or 1962.1(d)(5)(E). Furthermore, each manufacturer operating under this compliance path shall:

(a) By May 1, 2009, provide the commissioner with the total number of PCs, LDT1, and LDT2 vehicles as applicable, produced and delivered for sale in Maine and California for 2003 through 2005 model years.

Alternatively, by May 1, 2009, provide the commissioner with the total projected number of PCs, LDT1 and LDT2 vehicles to be produced and delivered for sale in Maine and California in model year 2009. By March 1, 2010, provide the commissioner with actual 2009 model year PCs, LDT1 and LDT2 vehicles produced and delivered for sale in Maine and California. The commissioner shall adjust and notify such manufacturer of the number of ZEV credits established based on actual 2009 model year data by May 31, 2010.

(b) By May 1, 2009, provide the commissioner with the total number of banked California credits after all 2008 model year and earlier obligations have been met.

(c) Starting with model year 2009-2011, make available for purchase or lease in Maine any PZEV, AT-PZEV, Enhanced ATPZEV, and ZEV models, except all ZEVs that qualify for the travel provision pursuant to Title 13 California Code of Regulations, Section 1962.

(3) Any manufacturer who fails to meet the requirements of its respective alternative compliance path shall be subject to full compliance with the ZEV mandate provisions set forth in Section 4(C).

E.New Vehicle Greenhouse Gas Emission Requirements. No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import or rent a new passenger car, medium duty passenger vehicle or light-duty truck, unless that new vehicle complies:

(1) Effective with 2009 through 2016 with the greenhouse gas emission limits set for the in the Title 13 California Code of Regulations, Section 1961.1, as incorporated in Appendix A.

(2) Effective for 2017 and subsequent model yearswith the greenhouse gas emission limits set in the Title 13 California Code of Regulations, Section 1961.3.

F.Exemptions. The following new vehicles shall not be subject to this Chapter:

(1) An emergency vehicle;

(2) A vehicle with a right-hand drive configuration that is not available in a California-certified model, purchased by a rural route postal carrier and used primarily for work;

(3) A vehicle designed exclusively for off-road use;

(4) A vehicle certified to standards promulgated pursuant to the authority contained in 42 U.S.C. Section 7521 and which is in the possession of a rental agency in Maine and is next rented with a final destination outside of Maine;

(5) A vehicle which is a 2005 or 2006 and 2008 and subsequent model-year heavy-duty diesel as defined under exempt vehicles in Title 13, California Code of Regulations, Section 1956.8(a)(6)(B);

(6) A vehicle with an engine that the California Air Resources Board determines, following a technology review, is inappropriate to require compliance for heavy-duty diesel engines of that particular model-year and engine family; or

(7) A vehicle which is a military tactical vehicle or equipment.

06- 096 C.M.R. ch. 127, § 4