6 NYCRR Parts 218 and 252 Express Terms
(Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, [3-0303], 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)
Section 218-1.1 through Section 218-1.2(c) remains the same.
Subdivisions (d)-(e), (l), (q), (s), (x), (aj), (aq), (ay), (be)-(bh) are added to Section 218-1.2 to read as follows. The remaining subdivisions are renumbered accordingly in order to maintain alphabetical order of the definitions.
(d) ATPZEV means advanced technology partial ZEV as defined in California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).
(e) BEV means battery electric vehicle as defined in California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).
(l) Electric drive system means an electric propulsion system as defined in California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).
(q) Enhanced ATPZEV means an enhanced advanced technology partial ZEV as defined in California Code of Regulations, title 13, section 1962.1 (see Table 1, Section 200.9 of this Title).
(s) FCV means fuel cell vehicle.
(x) HEV means hybrid electric vehicle.
(aj) NEV means neighborhood electric vehicle as defined California Code of Regulations, title 13, section 1962 (see Table 1, Section 200.9 of this Title).
(aq) Recall means recall as defined in California Code of Regulations, title 13, section 1900 (see Table 1, Section 200.9 of this Title).
(ay) TZEV means a transitional-zero-emission vehicle.
(be) Warrantable condition means a warrantable condition as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).
(bf) Warrantable part means a warrantable part as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).
(bg) Warranty period means warranty period as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).
(bh) Warranty station means a warranty station as defined in California Code of Regulations, title 13, section 2035 (see Table 1, Section 200.9 of this Title).
Section 218-2.1 remains the same.
Section 218-2.2(a) is amended to read as follows:
[(a) 'Certification reporting'. (1) The manufacturer will submit one copy of the California Executive Order and Certificate of Conformity relating to certification of new motor vehicles for each engine family to be sold in New York State to the department within 30 days of receiving the Executive Order from CARB.]
[(2)] (a) Certification reporting. For the purposes of determining compliance with this Part, the department may require any vehicle manufacturer subject to this Part to submit any documentation the department deems necessary to the effective administration and enforcement of this Part including all certification materials submitted to CARB.
Section 218-2.2(b) through Section 218-2.4 remains the same.
Section 218-3.1 is amended to read as follows:
The fleet average non-methane organic gas exhaust emission values from passenger cars and light-duty trucks produced and delivered for sale in New York by a manufacturer each model-year must not exceed the numbers set forth in California Code of Regulations, title 13, sections 1960.1(g)(2) [and], 1961(b)(1), and 1961.2, (see Table 1, Section 200.9 of this Table) except as provided in sections 1960.1(g)(2) [and], 1961(b)(1), and 1961.2 (see Table 1, Section 200.9 of this Table).
(a) A manufacturer that certifies vehicles equipped with direct ozone reduction technologies will be eligible to receive NMOG credits that can be applied to the NMOG exhaust emissions when determining compliance with the standard. In order to receive credit, the manufacturer must submit an Executive Order from CARB, obtained in accordance with the provisions in California Code of Regulations, title 13, sections 1960.1(g)(1) and 1961.2 (see Table 1, Section 200.9 of this Table), which determines the value of such credits for vehicles produced and delivered for sale in New York, when the manufacturer submits its annual year-end NMOG fleet average report.
(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 1960.1(g)(2) [and], 1961(b), and 1961.2, (see Table 1, Section 200.9 of this Table).
Section 218-3.2 is amended to read as follows:
Section 218-3.2 Fleet average reporting [and projection].
[(a)] Commencing with the 1996 model year, each manufacturer must report, to the department, using the same format used to report this information to CARB, the average 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) Commencing with the 1996 model year, each manufacturer must provide, to the department, a projection of the fleet average emissions for vehicles to be delivered for sale in New York State during the upcoming model year. Projections must be submitted to the department prior to the commencement of each model year.]
Section 218-3.3 remains the same.
Section 218-4.1 is amended to read as follows:
Commencing in model-year 2007, each manufacturer's sales fleet of passenger cars and light-duty trucks, produced and delivered for sale in New York, must, at minimum, contain at least the same percentage of ZEVs subject to the same requirements set forth in California Code of Regulations, title 13, sections 1962 [and], 1962.1, and 1962.2 (see Table 1, Section 200.9 of this Title) using New York specific vehicle numbers.
Section 218-4.2 is repealed.
Existing Section 218-5.1(a) is repealed. Sections 218-5.1(b) - (d) are renumbered as Sections 218-5.1(a)-(c).
Section 218-5.2 through Section 218-7.2(b)(2) remain the same.
A new Section 218-7.2(c) is added to read as follows:
(c)(1) It is unlawful for any person to install, sell, offer for sale, or advertise any new aftermarket catalytic converter in New York State unless it has been exempted pursuant to the requirements of California Code of Regulations, title 13, section 2222 (see table 1, Section 200.9 of this Title).
(2) It is unlawful for any person to install, sell, offer for sale or advertise any used, recycled, or salvaged catalytic converter in New York State pursuant to the requirements of California Code of Regulations, title 13, section 2222 (see table 1, Section 200.9 of this Title).
Section 218-7.3 through Section 218-8.1 remains the same.
Section 218-8.2 is amended to read as follows:
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.
Section 218-8.3 is amended to read as follows:
(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 [the 2012 through 2016] a given model year[s], 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.
Section 218-8.4 remains the same.
Section 218-8.5(a) is amended to read as follows:
(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 for the New York specific portion. Reports must be submitted to the department by [March 1st] May 1st of the calendar year succeeding the end of the model-year.
Section 218-8.5(b) remains the same.
Section 218-8.5(c) is amended to read as follows:
(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).
Existing Subpart 218-9 is renumbered as new Subpart 218-12.
New Subparts 218-9 through 218-11 are added as follows:
SUBPART 218-9
EMISSIONS CONTROL SYSTEM WARRANTY REQUIREMENTS
Section 218-9.1 Emissions Control System Warranty Requirements.
For all 2016 and subsequent model year passenger cars, light-duty trucks, medium-duty trucks, and motor vehicle engines subject to Section 218-2.1 of this Part, each manufacturer shall provide warranty coverage that complies with California Code of Regulations, title 13, Sections 2035, 2037 through 2041, and 2046 (see table 1, Section 200.9 of this Title).
Section 218-9.2 Reporting Requirements.
For all 2016 and subsequent model year vehicles subject to Section 218-9.1 of this Part, each manufacturer shall submit warranty claim reports as required by California Code of Regulations, title 13, Sections 2141 through 2149 (see table 1, Section 200.9 of this Title).
SUBPART 218-10
RECALL REQUIREMENTS
Section 218-10.1 Recalls.
For all 2016 and subsequent model year passenger cars, light-duty trucks, medium-duty trucks, and motor vehicle engines subject to Section 218-9.1 of this Part, each manufacturer shall undertake a recall campaign pursuant to California Code of Regulations, title 13, Sections 2109 through 2140 (see table 1, Section 200.9 of this Title), unless the manufacturer demonstrates to the department that such recall is not applicable to vehicles registered in New York.
Section 218-10.2 Reporting.
For all 2016 and subsequent model year vehicles subject to Section 218-9.1 of this Part, each manufacturer shall submit recall plans and progress reports, to the Department, using the same format and information as required by California Code of Regulations, title 13, Sections 2141 through 2149 (see table 1, Section 200.9 of this Title).
SUBPART 218-11
ENVIRONMENTAL PERFORMANCE LABELS
Section 218-11.1 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 2010, or subsequent model year, passenger car, light-duty truck, or medium-duty passenger vehicle in the State of New York to which an environmental performance label has not been affixed pursuant to the requirements of California Code of Regulations, title 13, section 1965 (see table 1, Section 200.9 of this Title).
Section 218-11.2 Label Format.
Labels shall provide environmental performance information in a format pursuant to California Code of Regulations, title 13, section 1965 (see table 1, Section 200.9 of this title).
Existing Part 252 is repealed.
