Fact Sheet Prohibition of Used Catalytic Converters/New Aftermarket Catalytic Converter Standards
6 NYCRR Part 218, Emissions Standards for Motor Vehicles & Motor Vehicle Engines
Section 177 of the federal Clean Air Act (42 USC 7507) provides the general authority for states to adopt the State of California's low emission vehicle (LEV) program standards. New York State adopted California's LEV program in 1990 with implementation beginning with model year 1993 vehicles. These standards are incorporated in 6 NYCRR Part 218, (link leaves DEC's website) Emissions Standards for Motor Vehicles & Motor Vehicle Engines.
Pursuant to regulatory revisions completed in 2012, the New York State Department of Environmental Conservation (Department) adopted California's aftermarket catalytic converter requirements. These requirements include a) the prohibition of installing used catalytic converters, and b) standards for new aftermarket catalytic converters. These requirements can be found under subdivision 218-7.2(c). (link leaves DEC's website) New York's aftermarket catalytic converter requirements apply to all model year 1993 and newer on-road motor vehicles, with the exception of the 1995 model year vehicles, certified by the California Air Resources Board (CARB) including vehicles with 50 state certification. Use of an EPA certified new aftermarket catalytic converter is still permitted on federally certified (not CARB or 50 state) and pre-1993 model year vehicles. Distribution centers located in New York State may continue to supply EPA certified aftermarket catalytic converters for applicable NYS vehicles and for sale outside of New York State.
Prohibition of Used Catalytic Converter Sales
Pursuant to 6 NYCRR Part 218-7.2(c)(2), (link leaves DEC's website) and effective June 1, 2013, it will be unlawful for any person to sell, offer for sale, advertise, or install any used, recycled, or salvaged catalytic converter on any vehicle in New York State. This prohibition will apply to all vehicle types and model years. A used catalytic converter is not a new aftermarket catalytic converter, or a replacement part as defined below. This prohibition does not apply to the sale of used catalytic converters for recycling purposes.
New Aftermarket Catalytic Converter Standards
Pursuant to 6 NYCRR Part 218-7.2(c)(1), (link leaves DEC's website) and effective June 1, 2013, it will be unlawful for any person to sell, offer for sale, advertise, or install any new aftermarket catalytic converter for use on 1993, 1994, 1996 and newer CARB and EPA 50 state certified vehicles in New York State unless that new aftermarket catalytic converter has been certified by CARB. However, in accordance with a letter from the Department, the Department will exercise enforcement discretion for the remainder of 2013 not to enforce the new aftermarket converter requirements against persons who install a federally-certified converter in violation of 6 NYCRR Section 218-7.2(c). (link leaves DEC's website)
A new aftermarket catalytic converter is defined as being constructed of all new materials and is not an original equipment catalytic converter.
New aftermarket catalytic converters for CARB and EPA 50 state certified vehicles will be required to:
- Display a certification stamp or label on the catalytic converter shell. The label or stamp must display the CARB Executive Order approval number, the part number, date of manufacture, and proper installation direction.
- Comply with a vehicle's original emissions certification limits.
- Be compatible with the onboard diagnostic systems (OBD II) on 1996 and newer vehicles.
- Be covered by a warranty for a period of 5 years or 50,000 miles of use. The warranty will cover failures related to construction defects, performance defects, and OBD II compatibility issues.
Manufacturers of aftermarket catalytic converters will be required to submit semi-annual warranty information reports to the Department. The reports will be identical in format and content to those submitted to California and must contain the manufacturer's name, a description of each class or category of California certified new aftermarket catalytic converters including model year and series, the cumulative number and percentage of catalytic converters covered by the CARB Executive Order, and the number of each type of catalytic converter produced for sale. The lone exception will be the inclusion of New York sales data rather than California sales.
If confirmed warranty claims for new aftermarket catalytic converters in New York State exceed 4 percent or 100 claims, whichever is greater, the manufacturer will be required to submit additional information in the warranty information report. This required information includes the type of failure, the probable cause of the failure, and an evaluation of the impact on vehicle emissions.
Installers of aftermarket catalytic converters will be required to complete a warranty card in triplicate with the original going to the customer, one copy to the installer, and one copy to the manufacturer of the converter.
New York State Environmental Conservation Law under §71-2103 and §71-2105 establishes the penalty structure of Part 218 (link leaves DEC's website) violations at a minimum of $500 for a first violation, and up to $26,000 for each subsequent violation. This penalty structure is identical to the one which is used to enforce new vehicle sales under Part 218. (link leaves DEC's website) A violation would be each non-compliant converter sold and/or installed. Failure to maintain complete records or submit reports may also result in a violation.
The Department periodically conducts audits at facilities to ensure compliance with the requirements of Part 218. (link leaves DEC's website)
As a vehicle owner, what are my options if my vehicle's catalytic converter needs to be replaced after June 1, 2013?
For the subject model year CARB and EPA 50 state certified vehicles, all catalytic converter replacements should be either an original equipment manufacturer (OEM) replacement part or a CARB certified new aftermarket catalytic converter. Federally certified new aftermarket catalytic converters may still be used on vehicles with a federal only certification. Used, salvaged, or recycled catalytic converters cannot be installed after June 1, 2013 on any vehicle.
To allow for a period of transition, DEC will not enforce the prohibition on the installation of EPA certified catalytic converters on CARB and EPA 50 State certified vehicles until January 1, 2014. However, DEC strongly encourages the installation of OEM and CARB certified catalytic converters, which provide greater emission reductions and may have a longer warranty than other catalytic converters.
The Department has developed additional guidance including a Frequently Asked Questions fact sheet.
Any questions related to compliance with Part 218 (link leaves DEC's website) should be directed to:
New York State Department of Environmental Conservation
Division of Air Resources
Bureau of Mobile Sources
Albany, NY 12233-3255
Telephone: (518) 402-8292
More about Fact Sheet Prohibition of Used Catalytic Converters/New Aftermarket Catalytic Converter Standards:
- New Aftermarket Catalytic Converter Requirements & Used Catalytic Converter Prohibition - Frequently asked questions regarding new aftermarket catalytic converter requirements and used catalytic converter prohibition