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Subpart 217-4: Inspection and Maintenance Program Audits Until December 31, 2010

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0320, 71-2103, 71-2105; Vehicle and Traffic Law, §§ 301[c], 375.28)

[Filed 9/30/02. Amendment filed 11/5/10. 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.

§217-4.1 Applicability

All official motor vehicle emissions inspection stations all be subject to audits, as described in this Subpart, by persons designated by the department, to determine conformance with this Subpart.

§217-4.2 Prohibitions

No person shall operate an official emissions inspection station using equipment and/or procedures that are not in compliance with department procedures and/or standards.

§217-4.3 Department audit requirements

The department shall periodically conduct equipment audits of the official emissions inspection stations. During these audits department personnel shall conduct quality control evaluations of the required test equipment, including the following:

(a) a gas audit using gases of known concentrations at least as accurate as those required for regular equipment quality control and comparing these concentrations to actual readings;

(b) a check for tampering, worn instrumentation, blocked filters, and other conditions that would impede accurate sampling;

(c) a check of the measured dilute flowrate in the VMAS unit;

(d) a leak check;

(e) a check to determine that station gas bottles used for calibration purposes are properly labeled and within the relevant tolerances;

(f) functional dynamometer checks addressing coast-down, roll speed and roll distance, inertia weight selection, and power absorption;

(g) a check of the system's ability to accurately detect background pollutant concentrations;

(h) a check of computer logic requirements; and

(i) a check that appropriate cutpoints are used.

§217-4.4 Enforcement

All duties and obligations under this regulation are enforceable pursuant to article 71 of the Environmental Conservation Law.