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Part 248 Discretionary Enforcement Letter

The following is a letter dated May 12, 2017 from Deputy Commissioner and General Counsel Thomas S. Berkman. A PDF document of this letter is available in the right column of this page.

To Whom lt May Concern:

This is to advise you that, subject to the terms set forth in this letter, the New York State Department of Environmental Conservation (DEC) will exercise its authority to utilize enforcement discretion with respect to certain provisions of 6 NYCRR Part 248 (Part 248) concerning the retrofit of certain heavy duty diesel vehicles.

Part 248 currently requires the retrofit of all subject vehicles to occur by December 31, 2013. Due to a recent change in the underlying statute (Part UU of Chapter 58, Laws of 2017), DEC will not enforce the requirement to complete the application of best available retrofit technology on subject vehicles until January 1 , 2019.

In addition, Part 248 currently requires subject vehicles that have received a useful life waiver pursuant to section 4.1(c) of 6 NYCRR Part 248 cease to be used in New York State by December 31, 2013. Due to a change in the underlying statute (Part UU of Chapter 58, Laws of 2017), DEC will not enforce the requirement that subject vehicles that have received a useful life waiver pursuant to section 4.1 ( c) of 6NYCRR Part 248 cease to be used in New York State until after January 1, 2020.

All other provisions of Part 248 remain in effect and will be enforced.

Thank you for your cooperation in this matter. If you have any questions, please call James Bologna, P.E. of the Division of Air Resources at (518) 402-8292.


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