Heavy-Duty Vehicle Emissions Go Unchecked Decades After Rhode Island Law Mandated Inspections
July 30, 2021
In mid-July, 21 years ago, a law was passed to crack down on diesel emissions emanating from Rhode Island’s largest vehicles.
The amendment to the state’s General Law (§ 31-47.2) acknowledged that heavy-duty diesel vehicles contribute significantly to air pollution and diminished “the quality of life and health” of all Rhode Island residents.
“It is in the public interest to establish a program regulating exhaust emissions from heavy-duty diesel trucks and buses traveling within Rhode Island,” the law stated. It directed the Division of Motor Vehicles (DMV) and the Department of Environmental Management (DEM) to tackle the issue and launch such a program by 2003.
As of this month, according to state officials, “the program has not yet commenced.”
“I’m not exactly sure why, what’s taken so long,” said Laurie Grandchamp, administrator of DEM’s Office of Air Resources, when asked by ecoRI News why the emissions testing program is still in development 18 years after it was supposed to be implemented.
“We really haven’t done anything with the heavy-duty [emissions],” she said, “and so there really isn’t a program that I can speak to because, I mean, it’s in its infancy.”
Heavy-duty (HD) vehicles are broadly defined by the Environmental Protection Agency (EPA) as those weighing more than 8,500 pounds. The on-road HD designation includes mostly diesel-powered long-haul trucks and urban buses, and stretches down to incorporate large cargo vans and hefty pickups.
Non-road HD vehicles, including marine vessels, aircraft, and construction and agriculture equipment, face differences in testing and enforcement.
On-road HD vehicles represent about 5 percent of the nation’s traffic. But, according to the Environmental and Energy Study Institute, they emit about 20 percent of all transportation emissions.
These emissions include carbon dioxide and monoxide, nitrogen oxides and ultrafine particulate matter (PM). All are associated with a host of environmental and public health impacts, from water eutrophication and climate change to cardiovascular disease and respiratory damage.
A Harvard University and University of North Carolina study published earlier this year estimated that exposure to PM and ozone originating from vehicle emissions in the Northeast in 2016 led to the premature death of more than 7,000 people. According to the study, emissions from HD trucks and buses were to blame for 1,762 of those deaths.
Socioeconomically disadvantaged communities, often located near highways and shipping corridors, are known to bear the brunt of emission-related health effects.
Every two years, Rhode Island-registered light-duty vehicles — Honda Civics, Ford Explorers, and the like — are required to undergo a $55 safety and emissions test at one of 330 inspection stations in the state.
HD vehicles instead face an annual $15 safety inspection, which takes about two hours to complete and checks the physical components of the truck, including its lights, wheels, and brakes. A thorough emissions check is not included.
According to a statement provided by DEM chief public affairs officer Michael Healey, DEM and DMV are working together to develop a Heavy-Duty Inspection and Maintenance (HD I&M) program that will include diesel emissions testing.
Opus Inspection Inc. — a global vehicle inspection company that currently runs Rhode Island’s light-duty program — was contracted in April 2018 by the state to run the HD I&M program. A project schedule included in the contract indicated that testing was expected to launch by January 2020.
“I’ll be honest, we’re at the very preliminary stages,” Grandchamp said when asked for details about the long-delayed program. “There really isn’t anything for me to talk about because we’re really not there yet. We had hoped that they would be developed by this point, however, COVID has delayed them.”
The coronavirus pandemic forced a state of emergency in Rhode Island beginning on March 9, 2020 — two months after the scheduled start date.
According to DMV spokesperson Paul Grimaldi, test methods are now expected to be defined by the end of this year with a program launch no later than 2023.
“Equipment has been ordered and software is currently under development by Opus Inspection,” said Grimaldi, chief of information and public relations with the Department of Revenue, which houses the DMV.
According to the DEM website, state and local police perform roadside checks to help “enforce motorist compliance with the HD emissions standards.” But Healey said DEM and DMV had no information about the roadside checks beyond what was listed on the website.
“Questions should be directed to the Rhode Island State Police,” he said.
When asked by ecoRI News, Maj. Laurie Ludovici, administrative bureau commander with the Rhode Island State Police, said the State Police Commercial Enforcement Unit was not involved in emissions checks.
“Heavy-duty vehicle emissions testing [is] not done by the State Police, not done roadside,” she said. “[It’s] all done by the Rhode Island Division of Motor Vehicles.”
According to emissions expert Michael Walsh, who contributed to a 1997 HD emissions report for Northeast States for Coordinated Air Use Management (NESCAUM), an association of New England air quality agencies whose board of directors includes Grandchamp, HD emissions standards have seen progress over the years.
In the 1990s, emissions were identified by spotting black smoke streaming out from trucks, Walsh said. Since then, particulate filters, two-way catalytic converters with nitrogen oxide adsorbers and other exhaust-system technologies have helped reduce HD emissions by more than 70 percent.
By the late 2000s, Rhode Island prohibited the unnecessary idling of diesel vehicles and began receiving EPA funds through the Diesel Emissions Reduction Act to replace older diesel engines, especially those in government fleets.
Federal policy, too, has lurched along, pulled forward by the California Air Resources Board — the “world leader” in air quality standards, according to Walsh. The EPA is currently working to update its standards for the first time in two decades. According to Coralie Cooper, deputy director of NESCAUM, the federal agency will need to match California’s newest regulations to significantly improve air quality.
Currently, truck manufacturers are federally obligated to submit annual emissions reports proving compliance with greenhouse-gas standards. But, as demonstrated by the Volkswagen scandal, there are issues in relying on manufacturer-reported emissions values and data gaps relating to in-use emissions.
“Once the vehicle leaves the lot and it’s purchased, that’s where the federal government control of emissions ends,” Cooper said. State I&M programs are all-important from then on out as a “checkup” to ensure components remain intact and emissions stay low throughout a vehicle’s lifespan.
These I&M programs help ensure that built-in emissions components are not left in disrepair or, Cooper said, even fully removed from the vehicle.
Though tampering is prohibited by the federal Clean Air Act, the EPA estimates that between 2009 and 2019 emissions controls were removed from more than 550,000 diesel trucks nationwide. According to the report, these altered trucks contribute as many emissions as 9 million unaltered, EPA-complaint vehicles.
Anthony Frattarelli, service manager at Smithfield Diesel & Transmission Repair in Smithfield, said he often sees personal and commercial diesel vehicles come through his garage doors with altered emissions systems.
Emissions components can “drive you nuts,” he said, because even though the components themselves are not tested, they can result in a failed safety check and incur expensive repairs. People buy elite kits online for $1,500 to $3,000, he said, to “save some money” and gain horsepower.
His shop doesn’t install these kits, but Frattarelli said there wouldn’t be any consequence if it did, as there is little enforcement of the federal law.
Down the road at Allegiance Trucks in Warwick, service director Henry Melvin said he regularly turns tampered vehicles away from his shop for fear of being held liable if the state does eventually tighten regulations.
“We’re still doing inspections we did 30 years ago,” he said. “I think it’s something that the state of Rhode Island needs to take serious.”
According to Walsh, a strong I&M program would help the state limit HD emissions. But faced with today’s climate “catastrophe,” he said, I&M alone is no longer enough.
“The major thrust on heavy-duty vehicles … today is really trying to electrify the fleet as rapidly as possible,” he said.
Last July — nearly 20 years to the day since Rhode Island’s diesel testing law was passed — then-Gov. Gina Raimondo signed a memorandum of understanding promising to drastically reduce emissions by fully electrifying HD vehicle sales by 2050.
In the non-binding pledge, Rhode Island agreed to work with other states in the region to “accelerate the deployment of zero-emission medium- and heavy-duty trucks and buses.” The transition to electric, it said, would “benefit disadvantaged communities that have been historically burdened with higher levels of air pollution.”
It’s a necessary shift, Cooper said, but one that won’t happen overnight.
“Diesels are going to be around for a while,” she said. “It takes, you know, a good 15 years for the fleet to turn over entirely.”
Diesel engine and vehicle manufacturers have long supported vehicle emissions inspections and cracking down on those who tamper with emissions controls.
In fact in 1990, they joined with regulators in MA and the region in a public launch of an outreach and awareness campaign targeting truck owners to maintain vehicles properly and not tamper with emissions controls. The backdrop for the press conference was a smoke opacity test, however the truck a local fleet brought to the press conference was so low in emissions it would not register on the meter, so we used a VW Jetta brought by one of the TV producers; that registered plenty.
According to the latest vehicle registration data, 56 percent of all commercial diesel vehicles class 3-8 in operation in Rhode Island are of the newest generation diesel – that achieve near zero emissions for both particulate matter and nitrogen oxides, a smog precursor. Regional air quality in the Northeast region is dramatically improving. 2020 had fewest ozone standard exceedance days since 1997.
Tampering with emissions controls is never a good idea and gives today’s near zero emissions and increasingly low GHG emissions new diesel technology a bad rap.
Here are the actual questions the reporters asked and here are the REAL answers that we given in a coordinated response across multiple state agencies. I am only posting this out of fairness and show that Rhode Island’s program is much closer to completion than this article made it out to be. Enjoy!
Caitlin’s questions for DEM
How do the processes for light and heavy-duty emissions testing differ?
Emissions testing for both light-duty and heavy-duty use OBD (onboard diagnostics) testing. For older heavy-duty diesel vehicles that do not have OBD systems, opacity testing using the snap acceleration test is conducted.
The DEM website mentions “state and local police conduct roadside checks throughout the state, to enforce motorist compliance with the HD emissions standards.” Do you have any additional information on these roadside checks and how they are conducted?
I do not have any information about the roadside checks and how they are conducted. Questions should be directed to the Rhode Island State Police.
How are estimates for CO2, NOx and PM2.5 (like these http://www.dem.ri.gov/programs/air/ghg-emissions-inventory/transportation-emissions-dashboard.php) calculated for R.I.?
The estimates for CO2, NOx, and PM are calculated using EPA MOVES. MOVES stands for Motor Vehicle Emissions Simulator and requires a set of inputs such as vehicle populations by vehicle type, VMT, road types, and driving patterns to estimate emissions on a county level.
Caitlin’s 1st set of questions for DEM
How are emissions from heavy duty vehicles (over 8,500 lbs.) regulated in RI? How often are these regulations enforced? Who oversees testing and enforcement?
Currently, heavy-duty safety inspections are conducted on a yearly basis and the State of Rhode Island (via DEM and DMV) is in the process of developing an emissions testing program that will be performed in conjunction with the safety inspections.
The DEM website indicates “DMV and DEM have plans to institute a periodic HD I/M program to require compliance with emission standards.” Could you tell me more about these plans/what stage they are at?
We are in the preliminary stages of developing the Heavy-Duty Inspection and Maintenance (HD I&M) Regulations and we expect to finalize the regulations in 2022. Opus will provide all the necessary inspection equipment and software for the HD I&M Program, as they currently do for the Light-Duty I&M Program. All inspectors will have to be certified by Opus to perform inspections. Monitoring and enforcement also will be a component of the program.
Brian’s questions for DOR/DMV
Q: We would like to clarify: There is currently a state law saying HD vehicle emission inspections are required? And if so, have any of those inspections been performed yet?
A: HD Diesel emission testing has not yet commenced. DMV is currently working with Opus Inspection to develop this new inspection program component. Equipment has been ordered and software is currently under development by Opus Inspection. We expect to have the test methods defined by the end of 2021. Finalization of the HD I&M Regulations, equipment roll-out to the stations, training of inspectors, public outreach, and program launch is planned for no later than 2022-2023.
Currently, there are only about 6 states that perform HD diesel testing and 9 states that perform medium-duty diesel testing. The majority of these states are conducting these tests only in select counties and not in their entire state. We will be joining these states on the leading edge of emission testing technologies as soon as possible but we are committed to doing it statewide, not just in limited high-density areas.
Q: When was this management contract signed? Can you provide monetary details and the length and scope of the contract? Does it cover all testing at state inspection stations or on a specific number of vehicles (per month, per year)?
A: We have attached a copy of the contract. (sent to ecoRI)
Q: When will the new inspection program component for diesel vehicle emission testing commence, if it hasn’t already?
A: The roll-out of equipment to the stations, the training of inspectors, public outreach, and program launch is currently planned for 2022-2023 or sooner if conditions permit.
Q: Rhode Island General Law 31-47.2-2 section (f) says, "Any motor vehicle which is inspected and found not to comply with the standards for heavy-duty diesel motor vehicle emissions shall be repaired within forty-five (45) consecutive calendar days after the inspection so as to comply with the standards for heavy-duty diesel motor vehicle emissions, or not be operated on the highways of the state."
A: The program has not yet commenced.
Q: Does the state keep track of heavy-duty diesel motor vehicles that fail inspection and, if so, how many have failed, broken down by year, since testing began?
A: Unfortunately, heavy-duty truck inspections are recorded on paper only which makes obtaining statistics extremely difficult. As part of our new program, the inspections will be switched to an electronic format similar to our light-duty emissions testing program. This will allow for DMV to track inspection results and statistics easily going forward.
Q: How many facilities in Rhode Island are certified to run emissions checks for heavy-duty diesel motor vehicles?
A: The program has not yet commenced.
Madeline, the state has had 21 years to develop an HD emissions program, and we report that a DMV spokesperson says such a program will launch no later than 2023. I would consider that fair reporting. Also, I don’t know how sharing the questions and answers (which is fine) makes it seem like an HD emissions program is closer to completion than what we reported. As for your comment about "REAL answers," nothing you shared contradicts anything we reported. — Frank Carini, ecoRI News editor
2020 had the lowest ozone exceedance days since 1997 due to the pandemic. Fewer vehicles were on the road.