D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 218-8: Greenhouse Gas Exhaust Emission Standards

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105; Federal Clean Air Act Section 177)

[Filed 11/22/05. Amendment filed 11/5/10. Effective 30 days after filing. Amendment filed 11/9/12. Effective 30 days after filing.]
[Revisions to §§218-8.3 and 218-8.5 filed 6/8/10, 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.

Contents:

Sec.

§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, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title) and this Part except as provided in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (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, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title) except as provided in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (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, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title).

(c) For a given model year, manufacturers will be given the voluntary option of demonstrating compliance based on the total number of passenger cars, light-duty trucks, and medium-duty passenger vehicles certified to the California exhaust emission standards in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title), which are produced and delivered for sale in New York, California, and all other states that have adopted California's greenhouse gas emission standards pursuant to section 177 of the Clean Air Act. If a manufacturer that opts for the voluntary compliance option fails to meet the terms of the voluntary option, the manufacturer will be subject to all applicable penalties, and will be required to comply with the greenhouse gas standards as prescribed in subdivision (a) of this section.

(d) For a given model year, manufacturers may elect to demonstrate compliance with the California exhaust emissions standards by demonstrating compliance with the National Greenhouse Gas Program pursuant to California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title). Manufacturers with outstanding greenhouse gas debits at the end of the 2011 model year are required to submit a plan to the department detailing how the debits will be offset utilizing credits earned under the National Greenhouse Gas Program.

§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. If the compliance pool option is chosen, manufacturers must report the data for the entire pool as well as the New York specific portion. Reports must be submitted to the department by May 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 of this Subpart, broken down by model type, delivered for sale in New York. If the compliance pool option is chosen, manufacturers must report the data for the entire pool as well as the New York specific portion.

(c) A manufacturer demonstrating compliance pursuant to section 218-8.3(d) of this Subpart must submit to the department a copy of the official report demonstrating compliance with the National Greenhouse Gas Program containing the same information and format as required in California Code of Regulations, title 13, sections 1961.1 and 1961.3 (see Table 1, section 200.9 of this Title).