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Section 8.0 New Mobile Source Measures

8.1 Introduction

New mobile source measures will have a large effect on NOx and VOC emissions. Improvement in combustion efficiency and fuel quality, as well as the use of control devices, will reduce these emissions significantly. These measures are described in this section.

8.2 Low Emission Vehicles (LEV)

Section 177 of the CAA permits states to adopt new motor vehicle emissions standards that are identical to California's. New York has exercised this option in 6 NYCRR Part 218, "Emission Standards for Motor Vehicles and Motor Vehicle Engines," which incorporates California's emissions standards for light-duty vehicles.

The LEV regulations provide flexibility to auto manufacturers by allowing them to certify their vehicle models to one of several different emissions standards. These consist of several different tiers of increasingly stringent LEV emission standards to which a manufacturer may certify a vehicle, including LEV, ultra-low-emission vehicle (ULEV), super-ultra low-emission vehicle (SULEV), and zero-emission vehicle (ZEV). The different standards are intended to provide flexibility to manufacturers in meeting program requirements. However, manufacturers must demonstrate that the overall fleet for each model year meets the specified NMOG standard for that year. These requirements are progressively lower with each model year.

8.3 Personal Watercraft

New York adopted California's emissions standards for personal watercraft in 2003. These standards reduce emissions of hydrocarbons, NOx and PM beyond the levels achieved by federal standards. This is accomplished by imposing lower emission certification levels beginning with model year 2006 and which become increasingly stringent. In addition, the personal watercraft engine program includes test procedures for new and in-use engines, which guarantees compliance with the standards, establishes an environmental label program and extends emission warranty requirements.

Manufacturers of personal watercraft engines can choose the standard among which they wish to certify their engines as long as the emissions of their entire product line meet the corporate average requirement. CARB's average requirement declines through the 2008 model year. On a sales and kW-weighted basis, manufacturers' engine production must, on average, comply with requirements set in the rule. There is, however, an upper bound limit on higher emission engines. This federal emission limit (FEL) cap is necessary to encourage manufacturers to abandon conventional high emitting carbureted two stroke technology, thereby reducing individual exposure to extremely high polluting engines.

A spark ignition marine engine manufacturer may exchange emission credits with another manufacturer. Traded credits expire if they are not used in averaging within three model years following the model year in which they were generated.

At the end of the model year, the manufacturer must have a net positive or zero emission credit balance to be in compliance. In addition, each engine family must comply with its certification FEL. Emission credits may not be used to offset an engine family's emissions that exceed its applicable FEL, or to remedy nonconformity determined by Production Line Testing (PLT), Selective Enforcement Audit (SEA), or a recall.

At the start of each model year, the engine manufacturer will begin to randomly select engines from the end of the assembly line from each engine family for PLT at a rate of one percent in accordance with CARB's June 14, 2000 "Final Regulation Order."

The Personal Watercraft program also provides for in use compliance testing, recalls, and warranty statements, as well as the use of permanent and temporary (i.e., hang tags) emission control labels for spark ignition marine engines which have been certified to the emission standards.

8.4 NYMA I/M Programs (NYVIP and NYTEST)

In the downstate NYMA, which consists of New York City, Nassau, Suffolk, Rockland and Westchester counties, a high enhanced I/M emissions test is required annually and with any change of vehicle ownership. The emissions inspection is completed in conjunction with a safety inspection. Depending on vehicle model year, a NYTEST tailpipe emission test or a NYVIP on-board diagnostics (OBD II) check is required.

Vehicles that are 25 model years old and newer up to model year 1995, with a gross vehicle weight (GVW) of 8,500 pounds or less, go through a series of procedures which check for tailpipe emissions (NYTEST), anti-tampering visual checks, and gas cap leaks. The visual inspections require an expanded anti-tampering check of a vehicle's air pollution control components including the catalytic converter, positive crankcase ventilation (PCV) system, exhaust gas recirculation (EGR) valve, thermostatic air cleaner (TAC), air injection system, evaporative emission control system, and fuel inlet restrictor. NYTEST test standards (cutpoints) are based on a sliding scale such that older vehicles will have more lenient standards than newer vehicles. OBD checks (NYVIP) are completed on model year 1996 and newer vehicles along with the anti-tampering visual inspection of the air pollution control devices. The OBD check detects a malfunction through the vehicle's computer system of the air pollution control devices through NYVIP.

On March 27, 1996, the Department submitted "New York State Implementation Plan - Enhanced Motor Vehicle Inspection/Maintenance Program" to outline the NYTEST tailpipe testing I/M program in NYMA. On May 7, 2001, EPA approved a SIP revision that demonstrated the effectiveness of the NYMA decentralized testing I/M network and approved New York's alternate tailpipe test, NYTEST. Final cutpoints for the NYTEST program were implemented on April 1, 2003. In March 2006, the Department submitted "New York State Implementation Plan - New York Vehicle Inspection Program (NYVIP)" to outline the statewide OBD-based NYVIP I/M program. On February 21, 2007, EPA approved this SIP revision.

New York implements it's I/M programs through 6 NYCRR Part 217, "Motor Vehicle Enhanced Inspection and Maintenance Program Requirements," and Title 15 NYCRR Part 79, "Motor Vehicle Inspection Regulations," to comply with EPA regulations and to improve performance of its I/M program. The intended effect of this action is to maintain consistency between the state-adopted rules and the federally-approved SIP, and to apply a control strategy that will result in emission reductions that will help achieve attainment of the NAAQS for ozone.

8.5 Federal Diesel Fuel (with State Backstop)

New York State's motor vehicle diesel fuel program is identical to the EPA motor vehicle diesel fuel regulations, which treat diesel engine systems and fuels as a system. The EPA motor vehicle diesel fuel regulation is an integral part of EPA regulations establishing new emission standards that will begin to take effect in model year 2007 and will apply to heavy-duty highway engines and vehicles greater than 8,500 pounds GVWR. New York adopted California regulations that are numerically identical. These standards are based on the use of high efficiency catalytic exhaust emission control devices or comparably effective advanced technologies.

In addition to setting emission limits for PM, the requirements establish standards for NOx and non-methane hydrocarbons (NMHC) of 0.20 grams per brake horsepower-hr (g/bhp-hr) and 0.14 g/bhp-hr, respectively. The NOx and NMHC standards will be phased in between 2007 and 2010 for diesel engines. The phase-in will be on a percent-of-sales basis from 2007 into 2010. Gasoline engines will also be subject to these standards, with a phase-in provision that requires 50 percent compliance in the 2008 model year and 100 percent compliance in the 2009 model year. Flexibility provisions to assist the transition to the new standards are included that will provide an incentive for the early introduction of clean technologies. They will also provide for flexibility in adapting new technologies and existing engine-based technologies.

Because many control devices are damaged by sulfur, it is necessary to reduce the level of sulfur in motor vehicle diesel fuel by 97 percent, to 15 ppm. This rule provides for production of 15 ppm motor vehicle diesel fuel beginning on June 1, 2006. The rule is effective at downstream locations (such as terminals) on July 15, 2006, and at retail locations and wholesale purchaser-consumer facilities on October 15, 2006.

8.6 Federal Non-Highway Diesel Fuel and Heavy Duty Diesel On-Road Requirements

The Department's non-road program, based on the application of the federal rules, will reduce emissions NOx and PM from non-road diesel engines by combining engine and fuel controls as a system to obtain emission reductions. Overall, a 90 percent reduction in emissions from these engines is expected.

The non-road standards apply to diesel engines that are used in construction, agricultural, industrial, and airport equipment, and set emission standards for different sizes of non-road engines. Standards vary by engine size with implementation dates ranging from 2008 - 2014. Mobile engines greater than 750 horsepower will have one additional year of flexibility to meet their emission standards. These emission standards will not apply to diesel engines used in locomotives and marine vessels, which are being addressed by an EPA rulemaking proposed April 3, 2007. Fuel requirements for these engines have been promulgated with the non-road standards.

Integral to the new provisions are the new fuel requirements that will reduce the allowable levels of sulfur in fuel used in non-road diesel engines, locomotives, and marine vessels. The current sulfur levels will be reduced from about 3,000 ppm to 15 ppm, which is a reduction of greater than 99 percent. This reduction will take place in two phases. In the first, beginning in 2007, fuel sulfur levels in non-road diesel fuel will be limited to a maximum of 500 ppm. This includes the use of the fuel in locomotive and marine applications. Beginning in 2010, sulfur levels in most non-road diesel fuel will be reduced to 15 ppm. Locomotive and marine diesel fuel will be restricted to this level in 2012.

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