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Subpart 248-6 Reporting Requirements

(Statutory authority: Environmental Conservation Law §§1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105)

[Filed 6/30/09, Effective 30 days after filing. Adoption filed 1/10/13. 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 at (518) 402-8292 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§248-6.1 Reporting Requirements

(a) On or before November 1, 2008 and every year thereafter, regulated entities subject to the requirements of this Part shall report to the department on the use of ULSD and BART as described in subdivision (b) of this section for all vehicles, including covered vehicles operated on behalf of regulated entities. Contractors shall report required information as described in subdivision (b) of this section to the regulated entity on a schedule to be determined by the regulated entity.

(b) Regulated entity reporting.

(1) Regulated entities shall report to the department on an annual basis. The regulated entity shall perform a HDV inventory to be submitted with the annual report for the regulated entity fleet. A vehicle inventory format and an annual report format will be prescribed by the department. The inventory shall be performed within 30 days after the effective date of this Part and updated in order to determine compliance with the BART requirements of section 248-3.1(e) of this Part. Based on the information contained in the inventory, the regulated entity shall submit the first annual report to the department by November 1, 2008. Thereafter, and based on updated inventory information, annual reports shall be submitted to the department by November 1st of each year. The regulated entity submittal to the department shall include the regulated entity's vehicle inventory and annual report, along with the regulated entity's contractors' annual reports. The information contained in the annual report submitted by the regulated entity shall include, but not be limited to:

(i) contact information:

(a) for the regulated entity, include the name of the regulated entity, contact person and work phone number;

(b) for the contractor, include the name of the contractor, contact person and work phone number;

(ii) for the regulated entity vehicles and certain contractor vehicles. For vehicles owned or operated by contractors, the following only applies to covered vehicles that perform work on the contract site. Contractors shall submit their vehicle inventory and annual report to their contracting agency (regulated entity) on a schedule to be determined by the regulated entity:

(a) the number of diesel fuel-powered motor vehicles owned or operated;

(b) the number of such motor vehicles that were powered by ULSD;

(c) the total number of on road diesel fuel-powered motor vehicles owned or operated having a GVWR of more than 8,500 pounds;

(d) the total number of off road vehicles owned or operated;

(e) the number of such on road and off road vehicles that utilized BART, including a breakdown by BART installation date, vehicle model, VIN (if applicable), engine year and the type and classification level of technology used for each vehicle including the CARB designated diesel emission control strategy family name, if applicable;

(f) the number of such motor vehicles that are originally equipped or have been replaced/repowered with an engine certified to the applicable 2007 USEPA standard for particulate matter as set forth in section 86.007-11 of title 40 of the Code of Federal Regulations (see Table 1, section 200.9 of this Title) or to any subsequent USEPA standard for particulate matter that is at least as stringent;

(g) the number of such vehicles that have been replaced with alternative fuel vehicles;

(h) the number of inventoried HDVs retired;

(i) identification of all ULSD waivers, findings, and renewals of such findings, which, for each waiver, shall include , but not be limited to, the quantity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such regulated entity; and specific information concerning the availability of ULSD;

(j) the identification of BART waivers and useful life waivers issued by the department to the regulated entity and contractor;

(k) the quantity of ULSD used;

(l) any other such information or report format that the department deems necessary.