Subpart 218-8: Greenhouse Gas Exhaust Emission Standards

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301[2][N], 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105)

[Filed 11/22/05. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Mobile Sources and Technology Development at (518) 402-8292 is the contact for technical questions pertaining to this rule.

§218-8.1 Definitions

(a) Greenhouse Gas means greenhouse gas as defined in California Code of Regulations, title 13, section 1961.1 (see Table 1, section 200.9 of this Title).

(b) Greenhouse Gas Vehicle Test Group means GHG vehicle test group as defined in California Code of Regulations, title 13, section 1961.1 (see Table 1, section 200.9 of this Title).

§218-8.2 Prohibitions

It is unlawful for any person to sell or register, offer for sale or lease, import, deliver, purchase, rent, lease, acquire or receive a 2009, or subsequent model-year, new or used motor vehicle, new motor vehicle engine or motor vehicle with a new motor vehicle engine in the State of New York which is not certified to California greenhouse gas exhaust emission standards and meets all other applicable requirements of California Code of Regulations, title 13, section 1961.1 (see Table 1, section 200.9 of this title) and this Part except as provided in California Code of Regulations, title 13, section 1961.1 (see Table 1, section 200.9 of this title) and this Part.

§218-8.3 Fleet Average Greenhouse Gas Requirements

(a) The fleet average greenhouse gas exhaust emission levels from passenger cars, light-duty trucks and medium-duty passenger vehicles produced and delivered for sale in New York by a manufacturer each model-year shall not exceed the numbers set forth in California Code of Regulations, title 13, section 1961.1(see Table 1, section 200.9 of this title) except as provided in California Code of Regulations, title 13, section 1961.1 (see Table 1, section 200.9 of this title).

(b) Credits and debits may be accrued and utilized based upon each manufacturer's sales of vehicles subject to this Part in New York, pursuant to the provisions set forth in California Code of Regulations, title 13, section 1961.1 (see Table 1, section 200.9 of this title).

§218-8.4 Optional Alternative Mechanism

(a) Greenhouse Gas vehicle test groups which are certified pursuant to California Code of Regulations, title 13, section 1961.1(e)(2)(a) (see Table 1, section 200.9 of this title) in California are eligible to receive equivalent credit if delivered for sale and used in New York.

(b) In order to receive the credit identified in subdivision (a) of this section, a manufacturer must submit to the department the data identified in California Code of Regulations, title 13, section 1961.1(e)(2)(a)(i) (see Table 1, section 200.9 of this title) for New York specific sale and use.

§218-8.5 Greenhouse Gas Exhaust Emissions Reporting

(a) Commencing with the 2009 model-year, each manufacturer must report, to the department, using the same format used to report this information to CARB, the average greenhouse gas emissions of its fleet delivered for sale in New York. Reports must be submitted to the department by March 1st of the calendar year succeeding the end of the model-year.

(b) Such report shall include the number of greenhouse gas vehicle test groups certified pursuant to section 218-8.4, broken down by model type, delivered for sale in New York.