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 1531, September 27, 2024
(1) U Applicability and Definitions.
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 The official compilation and publication of the regulations adopted, amended or repealed by California state agencies pursuant to the California Administrative Procedure Act.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:
Consolidated Part. As defined in Title 13 CCR § 1900.
Disadvantaged Community.
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.
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 |
(2) Emissions Requirements and Prohibitions.
No motor vehicle dealer in Massachusetts shall remove or cause removal of an Environmental Performance Label affixed to any motor vehicle subject to 310 CMR 7.40(2)(e) prior to the sale or lease of the vehicle.
No motor vehicle dealer in Massachusetts shall remove or cause removal of a Smog Index Label affixed to any motor vehicle subject to 310 CMR 7.40(2)(g) prior to the sale or lease of the vehicle.
(3) Vehicle Testing.
(4) Warranty.
(5) Reporting Requirements.
(6) Regional Document Repository.
(7) Enforcement.
(8) Manufacturer Response to an Administrative Order.
(9) Emission Control System "Aftermarket" Parts.
(10) Severability. Each subsection of 310 CMR 7.40 shall be deemed severable, and in the event that any subsection of 310 CMR 7.40 is held invalid, the remainder shall continue in full force and effect.