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Express Terms 6 NYCRR Part 248

Subdivision 248-1.1(a) through Paragraph 248-1.1(b)(9) remain unchanged.

Paragraph 248-1.1(b)(10) is revised as follows:

(10) 'Contractor' means [any person or entity that contracts directly or indirectly with a regulated entity to provide labor, services, materials and/or equipment on behalf of the regulated entity. Contractor includes but is not limited to prime contractor, subcontractor, and any contractor(s) hired by such subcontractor] prime contractor.

Paragraphs 248-1.1(b)(11) through (19) remain unchanged.

Paragraphs 248-1.1(b)(20) is revised as follows:

(20) 'On behalf of' means: [to provide, by a contractor, labor, services, materials and/or equipment to a regulated entity which are integral to the performance of regulated entity work by a regulated entity.] all heavy duty vehicles used to perform regulated entity work by a prime contractor. Those vehicles include, but are not limited to, heavy duty vehicles owned, operated or leased by a prime contractor.

Paragraphs 248-1.1(b)(21) through (22) remain unchanged.

Paragraph 248-1.1(b)(23) is revised as follows:

(23) 'Prime contractor' means any person or entity [which] that contracts directly with [a] the regulated entity to perform regulated entity work ("prime contract") and who is responsible for the completion of the contract with the regulated entity. This definition shall not include subcontractors.

Paragraphs 248-1.1(b)(24) through (25) remain unchanged.

Paragraph 248-1.1(b)(26) is revised as follows:

(26) 'Regulated entity work' means [work or services performed or provided by the regulated entity.] labor, services, material and/or equipment that is provided by the regulated entity through its employees or prime contractors except it does not include labor, services, materials and/or equipment provided by:

(i) a shipping company (including overnight delivery companies); or

(ii) a manufacturer or delivery company that does not deliver materials or equipment to the regulated entity on a regular and frequent basis.

Paragraph 248-1.1(b)(27) through Subdivision 248-3.1(d) remain unchanged.

Subdivisions 248-3.1(e) through Paragraph 248-3.1(f)(1) are revised as follows:

(e) On or after December 31, 2013, [All] all diesel powered heavy duty vehicles owned by, operated by, or leased by each BART regulated entity or which are owned by, operated by, or leased by a contractor and used to provide labor, services, materials and/or equipment on behalf of a BART regulated entity to perform the regulated entity work shall utilize and maintain [the best available retrofit technology according to the following schedule:

(1) at least 33 percent of all such vehicles shall have BART by December 31, 2008;

(2) at least 66 percent of all such vehicles shall have BART by December 31, 2009;

(3) all such vehicles shall have BART by December 31, 2010.]

BART.

(f) In order to comply with the requirements of Subdivision 248-3.1(e), the BART regulated entity or contractor shall first perform a HDV inventory according to a department prescribed format. The BART regulated entity or contractor shall then select one of the following [two] three options for each of its inventoried HDVs:

(1) Option 1 - Replacement or Retirement

Paragraph 248-3.1(f)(1) through Clause 248-3.1(f)(2)(ii)('i') remain unchanged.

A new Paragraph 248-3.1(f)(3) is added as follows:

(3) Option 3 - Heavy Duty Vehicle/Engine Useful Life Waiver

Provisions for obtaining a heavy duty vehicle/engine useful life waiver are described in Subdivision 248-4.1(c) of this Part.

Subdivision 248-3.1(g) through Paragraph 248-4.1(a)(1) remain unchanged.

Paragraph 248-4.1(b)(1) through 248-7.1(a) are revised as follows:

(b) Application for Waiver of BART Requirements

(1) Regulated entities and contractors may apply for a waiver from the BART requirements of this Part. All waiver applications submitted to the department shall be provided in a format as prescribed by the department. Such application shall be submitted by the state agency commissioner or other responsible person of the regulated entity or contractor. If, through the BART evaluation and selection process noted in Paragraph 248-3.1(f)(2) of this Part above, it is determined by the BART regulated entity or contractor that none of the PM reduction classification level technologies are applicable or available for a specific covered vehicle, such BART regulated entity or contractor may submit an application for a waiver for the commissioner's approval. A copy of the department's approval of a vehicle waiver shall be kept with the vehicle and provided to the department upon request. Any application for a waiver of BART requirements shall contain the following information:

(i) the name and address of the BART regulated entity or contractor applying for approval of the waiver including the name and phone number of the responsible party;

(ii) the name and identification number of the subject contract, if applicable;

(iii) identification of the specific heavy duty covered vehicle or engine that is the subject of the waiver application;

(iv) the name of the engine manufacturer, engine model year, engine family, and engine series;

(v) VIN, if applicable;

(vi) identification of the required BART; and

(vii) an explanation as to why the BART is not available or not applicable. Such explanation shall include all documentation generated in the BART evaluation and selection process described in Paragraph 248-3.1(f)(2) of this Part.

(c) Heavy Duty Vehicle/Engine Useful Life Waiver

(1) The department shall issue a waiver of the requirements of this part to a BART regulated entity or contractor upon receipt of request from such entity or contractor provided that such vehicle will be permanently taken out of service in New York State on or before December 31, 2013. The waiver form will be prescribed by the department. A copy of a department issued waiver for a vehicle shall be kept with the vehicle and provided to the department upon request.

[(c)] (d) Applications and forms shall be sent to:

Director, Bureau of Mobile Sources & Technology Development
Division of Air Resources
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-3255

[(d)] (e) The commissioner will make a determination whether to approve the waiver of BART or ULSD requirements no later than 90 days after receipt of the application.

[(e)] (f) Waivers issued by the department pursuant to Subdivisions 248-4.1(a) and 248-4.1(b) shall expire one year after issuance, unless the BART or ULSD regulated entity or contractor submits a renewal application and the commissioner approves such application, in accordance with the provisions set forth in this subdivision. Any such application for renewal shall be submitted no later than 30 days prior to the expiration date of the approval.

248-5.1 Vehicle and Equipment Labeling Requirements

(a) For each covered vehicle that has BART installed or that received a [BART] waiver pursuant to Subdivisions 248-4.1(b) and 248-4.1(c), a label shall be affixed to the vehicle in plain view in the form of a legible and durable label. Each label shall contain the following information:

(1) for those vehicles that have BART installed :

(i) name of the BART regulated entity or contractor whose vehicle received BART;

(ii) vehicle identification number (if appropriate) and engine serial number;

(iii) specific BART product name installed on the vehicle;

(iv) date of installation of the BART product;

(v) PM reduction classification level number;

(vi) vehicle or engine model year;

(vii) name of the engine manufacturer, family and series;

(viii) engine horsepower; and

(ix) if CARB verified technology, the CARB designated diesel emission control strategy family name.

(2) for those vehicles that have received a [BART] waiver pursuant to Subdivisions 248-4.1(b) and 248-4.1(c):

(i) name of the BART regulated entity or contractor receiving the waiver;

(ii) date waiver issued;

(iii) vehicle identification number (if appropriate) and engine serial number;

(iv) vehicle or engine model year; and

(v) name of the engine manufacturer.

In lieu of a waiver label, a copy of the department issued waiver can be kept with the vehicle.

(3) the label shall be maintained in a manner that retains its legibility for the entire life of the vehicle.

(b) For each vehicle that has BART installed, a label shall be placed on/near the fuel fill line of such vehicle stating "use ULSD fuel only" unless the selected BART does not require the use of ULSD.

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 248-6.1(b) of this Part for all vehicles, including covered vehicles operated on behalf of regulated entities. Contractors shall report required information as described in Subdivision 248-6.1(b) of this Part 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. [An] 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 Subdivision 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 annual report shall distinguish between the regulated entity vehicles and the contractor vehicles.] 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') a statement of compliance indicating the percent of inventoried HDVs with option 1 or option 2 technologies installed by the indicated compliance dates so as to determine compliance with Subdivision 248-3.1(e) of this Part requirements; and]

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

248-7.1 Record Keeping Requirements

(a) BART regulated entities and contractors subject to the requirements of this Part shall maintain the following records in hard-copy format or as electronic records where the vehicle is primarily located/garaged. The department's inventory form may be used for this purpose. The BART regulated entity or contractor shall provide the following records where applicable for each inventoried HDV upon request by the department or an authorized representative for all HDVs subject to compliance with this Part:

Paragraphs 248-7.1(a)(1) through (10) remain unchanged.

Paragraph 248-7.1(a)(11) through Subdivision 248-7.1(a)(13) are revised as follows:

(11) useful life waiver and date issued, if applicable:

(i) a copy of the issued waiver shall be kept with the vehicle to which it is applicable.

[(11)] (12) fuel characteristic type including biodiesel, on road specification diesel, non road diesel, other; and

[(12)] (13) the quantity of ULSD used.

The remainder of Part 248 remains unchanged.

  • Contact for this Page
  • Division of Air Resources
    Part 248
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    Albany, NY 12233-3255
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