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Part 218 Discretionary Enforcement Letter

The following is a letter dated May 21, 2013 from Commissioner Joseph J. Martens. A PDF document of this letter is available in the right column of this page.

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 218 concerning aftermarket catalytic converters.

6 NYCRR Section 218-7.2(c)(1) currently requires that any new aftermarket catalytic converters installed, sold, offered for sale or advertised in New York State meets the requirements of California Code of Regulation, title 13, Section 2222 beginning June 1, 2013. In order to ensure a smooth transition, DEC will not enforce the provisions of Section 218-7.2(c)(1) until after January 1, 2014. However, DEC expects all regulated parties to use best efforts to comply with the provisions of 6 NYCRR Section 218-7.2(c)(1) during the pendency of this exercise of enforcement discretion.

All other provisions of Part 218 remain in effect and will be enforced.

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

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