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Revision to the SIP for the NY Metropolitan Area Enhanced I/M Program (June 2009), February 15, 2011

Revisions to 6 NYCRR Part 217 and 15 NYCRR Part 79

The following is the content of a letter sent to the Regional Administrator at the USEPA, Judith A. Enck. The letter was signed on February 15, 2011 by J. Jared Snyder, Assistant Commissioner, Office of Air Resources, Climate Change and Energy.

Please find enclosed recent revisions to New York State's motor vehicle inspection and maintenance (I/M) regulations. The revisions to 6 New York Code of Rules and Regulations (NYCRR) Part 217, Motor Vehicle Emissions, and 15 NYCRR Part 79, Motor Vehicle Inspection, were adopted to end the New York Transient Emission Short Test (NYTEST) I/M program on December 31, 2010. The NYTEST program, which required annual tailpipe-based emissions inspections, had operated within the downstate nine-county New York Metropolitan Area (NYMA) since 1998. NYMA includes Bronx, Kings, Nassau, New York, Richmond, Rockland, Queens, Suffolk, and Westchester Counties.

Beginning on January 1, 2011, revised I/M program requirements were implemented through the statewide New York Vehicle Inspection Program (NYVIP). The subject regulatory changes are consistent with the Department's proposed New York State Implementation Plan revision, "New York Metropolitan Area Enhanced I/M Program (June 2009)," that is currently under EPA Region 2 review. In addition to ending the NYTEST I/M program, revised I/M requirements were adopted under Subpart 217-6 to include: an additional on-board diagnostic (OBDII) failure criterion that would fail vehicles that have been tampered with by the installation of aftermarket parts as prohibited by Subpart 218-7; mandatory statewide OBDII inspections of light-duty diesel powered vehicles (passenger cars, light-duty trucks) beginning on January 1, 2012; clarification that OBDII inspection applicability is based on a vehicle's gross vehicle weight rating (GVWR); and revised Department of Environmental Conservation I/M program audit requirements.

The 6 NYCRR Part 217 revisions were adopted on November 2, 2010, filed with the Department of State on November 5, 2010, and became effective December 5, 2010. The 15 NYCRR Part 79 revisions were filed with the Department of State on December 14, 2010 and became effective December 29, 2010.

The proposed Part 217 revisions underwent a public review process. A Notice of Hearing was published in the August 4, 2010 edition of the Environmental Notice Bulletin and in the August 4, 2010 edition of the New York State Register under the provisions of the State Administrative Procedures Act. Legislative public hearings were held in Albany, NY on September 7, 2010 and in Long Island City, NY on September 8, 2010. The comment period concluded at 5:00 p.m. on September 15, 2010.

Please find the enclosed information:

  1. Revised Express Terms: 6 NYCRR Part 217, "Motor Vehicle Emissions."
  2. Copy of the transmittal letter for Part 217 to the Department of State.
  3. Certificate of Adoption for Part 217 dated November 2, 2010.
  4. Notice of Proposed Rulemaking for Part 217 as published in the Environmental Notice Bulletin on August 4, 2010.
  5. Notice of Public Hearing for Part 217 as published in the Environmental Notice Bulletin on August 4, 2010.
  6. Notice of Public Hearing for Part 217 as published in the New York State Register on August 4, 2010.
  7. Copies of the Proofs of Publication for the Part 217 revisions in newspapers located within New York State.
  8. Hearing Report for the September 7 and September 8, 2010 Legislative Public Hearings.
  9. Copy of transcript for the Part 217 public hearing held in Albany, NY on September 7, 2010.
  10. Copy of transcript for the Part 217 public hearing held in Long Island City, NY on September 8, 2010.
  11. Notice of Adoption of Rules, effective December 5, 2010, to amend existing 6 New York Code of Rules and Regulations, Part 217, Motor Vehicle Emissions.
  12. Revised Express Terms: 15 NYCRR Part 79, ''Motor Vehicle Inspection."

Please note that codified versions of these regulations will be submitted to EPA once available.

Lastly, the Department included rate of progress and reasonable further progress demonstrations as part of the proposed 2009 NYMA Enhanced I/M SIP revision. Included within this demonstration, the Department committed to adopting several control measures to reduce ozone precursor emissions to meet its reasonable further progress obligations under Section 110(l) of the Clean Air Act for NYMA. These control measures included Adhesives and Sealants, Consumer Products, Asphalt Paving, and the CAIR NOx Ozone Trading Program. The gains from these programs more than offset the projected loss of reductions caused by ending the NYTEST I/M program. New York has fulfilled these commitments by adopting the applicable regulations as noted within the enclosed letters dated September 14, 2007, October 21, 2009, August 19, 2010, and December 15, 2010. With the adoption of these regulations and the revisions to the New York State I/M regulations (Parts 79 and 217), the Department believes the 2009 NYMA I/M SIP revision is administratively complete.

If you or your staff should have any questions, or if additional information is required, please contact Ms. Diana Rivenburgh at (518) 402-8396.

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