Notices for Week of: JANUARY 15, 2004
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Air Pollution Control Regulation, Subchapter XI, entitled Low Emission Vehicle Program
Vermont Proposed Rule: 03PE05
AGENCY: Natural Resources, Air Pollution Control
CONCISE SUMMARY: This emergency rule amends the existing Low Emission Vehicle Program by incorporating changes that have been made by the California Air Resources Board ["CARB"], generally since late 2000, to its Low-Emission Vehicle and Zero Emission Vehicle regulations - including the significant revisions to the ZEV Regulation adopted by CARB on December 19, 2003. For example, that regulation effectively eliminates a requirement for pure battery electric vehicles, while leaving credit mechanisms for their sale and use, concentrating instead on the development and sale of hydrogen fuel cell, hybrid, and other advanced-technology clean vehicles. The emergency rule also amends the text of the Vermont regulation to clarify the definition of "model year", the application of incorporated California rules, the medium-duty fleet requirements of manufacturers, general reporting requirements and the authority of involved state agencies regarding documentation and inspections.
TYPE OF PERSONS AFFECTED: The Department of Motor Vehicles, the Agency of Natural Resources, the general public, public interest and public health groups, environmental organizations, automobile manufacturers, new vehicle dealerships, new vehicle suppliers, and climate-based Vermont businesses will be affected by this rule.
COST BENEFIT ANALYSIS: The Agency expects the amendments to the rule to have positive benefits to the public. The rule provides greater vehicle choice to Vermont consumers, including vehicles with enhanced fuel economy and warranty protection. It appears unlikely on the basis of historical precedent that manufacturers will pass along the entire incremental cost of any advanced technology components to consumers. As the ZEV program will now focus on ATPZEV and PZEV models, which are rapidly growing in model availability from both large and intermediate volume manufacturers, the likelihood that dealers will need to absorb significant unusual training costs for personnel appears diminished, with a greater likelihood that any dealers who make a business decision to sell ZEV program vehicles will recover those costs in increased sales. There is no requirement for every dealer to sell ZEV vehicles, but the Agency expects many dealers will wish to do so. Starting with the 2000 model year, manufacturers have correctly assumed their responsibility for the four Northeast states in addition to California which require these less-polluting vehicles, and have designed a system that helps affected businesses comply by restricting orders and deliveries to the correctly certified vehicles. The essential requirement, whether a business is classified as small or large, is that they sell, rent, or transport the correctly-certified vehicles. This rule will not impose additional costs beyond the minimal requirements already established. Because Maine, Massachusetts, and New York have also included the LEV Program as part of their state's mobile source air pollution abatement strategy, it is beneficial to align Vermont's requirements with these neighbor states, as small dealerships are more dependant on dealership trades.
SCHEDULED HEARINGS: Monday, December 22, 2003, 7:00 p.m., Pavilion Building Auditorium, 109 State Street, Montpelier, Vermont.
DEADLINE FOR PUBLIC COMMENT: December 29, 2003
FOR FURTHER INFORMATION, CONTACT: Harold Garabedian, Agency of Natural Resources, 103 South Main Street, Waterbury, VT 05671-0402, 802-241-3840
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
