Heavy Duty Vehicles
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Idling Law
Less idling time is good for the environment because it reduces air pollution and noise, improves fuel economy, and saves money for diesel operators and consumers. 6 NYCRR Subpart 217-3 (leaves DEC website) prohibits heavy duty vehicles, including non-diesel and diesel trucks and buses with a gross vehicle weight rating (GVWR) of more than 8,500 pounds, from idling for more than five minutes at a time. The idling regulation is enforced by DEC Conservation Officers. Fines range from $500 to $18,000 in the case of a first violation.
Exceptions are when a vehicle is:
- Stuck in traffic
- Idling for maintenance purposes
- Powering an auxiliary function or apparatus, such as a concrete tumbler
- Involved in an emergency situation
- A diesel-fueled truck operating in an ambient air temperature below 25°F for more than 2 hours
Advanced Clean Trucks (ACT) Regulation - One-Time Fleet Reporting Requirement
New York State adopted California's Advanced Clean Trucks Rule in December 2021 (leaves DEC web site). The regulation includes a one-time reporting requirement for large entities that operate or dispatch vehicles with a manufacturer's gross vehicle weight rating (GVWR) greater than 8,500 lbs. in New York. The one-time fleet reports are due from applicable fleets by April 1, 2023.
Entities required to complete and submit the report are those that:
- had gross annual revenues greater than $50 million in the U.S. for the 2019 tax year, including revenues from all subsidiaries, subdivisions, or branches, and had one or more vehicles under common ownership or control that were operated in New York in 2019; OR
- were a fleet owner in the 2019 calendar year that had 50 or more vehicles under common ownership or control; OR
- were a broker or organization that dispatched 50 or more vehicles into or throughout New York in the 2019 calendar year; OR
- were a New York government agency, including all state and local municipalities that had one or more vehicles that were operated in New York in 2019; OR
- were a federal government agency that had one or more vehicles that were operated in New York in 2019.
Reporting exemptions are provided for school and transit buses, military tactical vehicles, vehicles awaiting sale, emergency vehicles, and light-duty vehicles dispatched but not owned by transportation network companies.
Below are final versions of the reporting template and guidance document (revised May 3, 2023). Fleet owners are required to use these documents for official fleet reporting. All applicable entities must submit their completed reporting template to DEC by April 1, 2023 by emailing it to Act.fleetreporting@dec.ny.gov.
Final Reporting Form (Excel) (revised May 3, 2023 to include utility provider information)
Final Guidance Document (PDF) (revised May 3, 2023)
New York State Clean Diesel Grant Program (NYSCDGP)
The goal of the NYS Clean Diesel Grant Program (NYSCDGP) is to improve local air quality by reducing harmful diesel exhaust emissions. These harmful diesel exhaust emissions come from:
- older trucks
- locomotives
- marine vessels
- other diesel-powered equipment
NYSCDGP has received funding through the Diesel Emission Reduction Act (DERA) since 2008. DERA funds provide opportunities and incentives to public and private entities with eligible projects. Authority for DERA grant funding comes from the Energy Policy Act of 2005 (leaves DEC website). NYSCDGP projects have reduced emissions across the State, including potential Environmental Justice neighborhoods. DEC continues to work on DERA-funded projects to try to meet the State's air quality goals. A detailed summary of these projects is available as a downloadable PDF.
Projects
DEC partnered with New York State Department of Transportation (NYSDOT) on two truck replacement projects to reduce diesel exhaust emissions. Older, dirtier, heavy duty trucks were replaced with newer, cleaner, heavy duty trucks certified to more stringent emission standards.
2017 Truck Replacement
This project:
- permanently removed seven trucks with engine model year (EMY) 2003-06 from the road;
- replaced them with EMY 2017 or newer diesel trucks;
- provided funding to remove these vehicles from service at least 6 to 9 years (project life) sooner than originally scheduled; and
- provided emissions reductions of 90% or greater for certain criteria pollutants.
2014-16 Truck Replacement
This project:
- permanently removed 19 trucks with EMY 2001-03 from the road;
- replaced them with EMY 2017 or newer diesel trucks;
- provided funding toward removing these vehicles from service at least 4 to 6 years (project life) sooner than originally scheduled; and
- provided emissions reductions of 90% or greater for certain criteria pollutants.
2014 Locomotive Auxiliary Power Unit Idle Reduction Project
DEC and New York State Energy Research and Development Authority (NYSERDA) partnered with two railroads - Mohawk Adirondack and Northern Railroad of Utica, and New York, Susquehanna and Western Railway of Cooperstown. This project:
- provided funding to install auxiliary power units that heat and circulate water to keep locomotives from freezing while parked overnight;
- helped decrease overnight fuel use and diesel exhaust emissions by no longer needing to idle the engines;
- will reduce overnight fuel consumption and emissions by up to 80 percent for six locomotives. Emissions reduction calculations are based on an estimated project life of 10 years.
2010-13 School Bus Diesel Emission Reduction Project
DEC partnered with NYSERDA to reduce diesel emissions from school buses transporting children in the State. Funds were made available to school districts across the State for their choice of one of these projects:
- install diesel particulate filters and closed crankcase ventilation filters to reduce diesel emissions by filtering exhaust and crankcase gases;
- install direct fired heaters to reduce diesel emissions by reducing idling of the school bus engine; and
- purchase six propane fueled school buses to replace old diesel buses and reduce diesel emissions. Emission reduction calculations are based on an estimated project life of 10 years.
2009 Transit Bus Diesel Emission Reduction Project
DEC worked with regional transportation authorities to install diesel particulate filters in transit buses operating across upstate New York. DERA funds, sourced by the American Recovery and Reinvestment Act (ARRA) of 2009, were made available by the NYSCDGP to three transit authorities:
- Niagara Frontier Transportation Authority,
- Rochester Genesee Regional Transportation Authority, and
- Central New York Regional Transportation Authority
The funds were used to invest in the installation of diesel exhaust reduction technologies in transit buses. The installation of diesel particulate filters reduced emissions from transit buses that often operate in potential Environmental Justice neighborhoods and others areas that have received a disproportionate amount of diesel exhaust.
Part 248 Annual Reporting Requirements and Waivers
Regulated entity and prime contractors:
- Annual Report Form (Excel)
- Vehicle Inventory Form (Excel)
- Application for Waiver of BART Form (PDF)
Please send completed forms to Part.248reports@dec.ny.gov
Reporting Requirements
The annual reporting period for 6 NYCRR Part 248 (leaves DEC website) is from October 1 to September 30. Calendar Year 2023 reporting should reflect the period of October 1, 2022 to September 30, 2023. All Annual Report and Vehicle Inventory forms must be received by November 1, 2023.
State agencies and authorities must report all of their diesel-powered heavy duty vehicles (HDDVs) (including those exempt from best available retrofit technology (BART) requirements) on both the Annual Report and Vehicle Inventory forms. Prime contractors working for State agencies should report to those agencies only those HDDVs operated on behalf of the state during the subject reporting period (including HDDVs exempt from BART requirements) on both the Annual Report and Vehicle Inventory forms. HDDVs are diesel-powered vehicles with a GVWR of more than 8,500 pounds.
The "Total Quantity (Gallons) of ULSD Fuel Used in Past Year" row of the Annual Report form should represent the total quantity of ultra-low sulfur diesel (ULSD) for a State agency or public authority's fleet, both light-duty and heavy duty. Prime contractors only need to report the quantity of ULSD used while performing work on behalf of State agencies or public authorities during the reporting period.
Waivers from BART Requirements
Low Usage Waiver
On-road HDDVs operated less than 1,000 miles per year and off-road HDDVs operated less than 100 hours per year may be eligible for a BART low usage waiver. Low usage HDDVs are often used for short periods of time that may not allow engine exhaust temperatures to reach levels that allow the retrofit technologies to operate effectively. Examples of low usage HDDVs include trucks used for road construction signage, water storage, and other HDDVs that stay motionless at a job site for long periods of time. The BART low usage waiver is based, in part, on the California Air Resources Board's Truck and Bus Regulation Low-Use Vehicle Exemption (leaves DEC website).
Regulated entities (State agencies and authorities) and prime contractors may submit an Application for Waiver of BART (PDF) based on low usage. If HDDVs meet the low usage criteria, there is no need to check the compatibility of the engine with the EPA or CARB for an acceptable emission control device. Therefore, only the first two pages of the application need to be filled out. Sections A, B and C can be marked as "not applicable."
A BART waiver based on low usage must be requested every year and include odometer and hour meter documentation from the beginning of a specific one-year reporting period. State agencies and authorities must submit a DMV inspection report or a State vehicle fleet maintenance record that includes miles/hours documentation with a low usage waiver request. Prime contractors must attach a DMV inspection report or third-party maintenance record that includes mileage/hours documentation for each low usage waiver request. If an on-road vehicle's odometer or an off-road vehicle's hours meter is not functioning, the HDDV is not eligible for a BART waiver based on low usage.
As of January 1, 2020, all on-road and off-road HDDVs operated by regulated entities must be Part 248 compliant. Low usage waivers should be applied for as soon as possible to avoid non-compliant HDDVs operating on behalf of the State in violation of Part 248 regulations. If approved, the low usage waiver becomes effective on the date the waiver is approved and expires one year from that date. For example, a low usage waiver with an approval date of January 15, 2023, expires one year later on January 15, 2024.
Regulated entities seeking a low usage BART waiver are limited to HDDVs that operate less than 1,000 miles for on-road HDDVs and 100 hours for off-road HDDVs per year, even if a portion of the annual operational usage is outside of the State or if the vehicle is only operating on behalf of the State part of the time. Additionally, the 1,000 mile for on-road HDDVs and 100 hour for off-road HDDVs limitations includes miles driven or operated between and at work locations. If an HDDV that has received an approved BART waiver based on low usage goes beyond the low use mileage/hour limit threshold during the one-year waiver period, the BART waiver based on low usage in no longer valid and the HDDV must be brought into immediate Part 248 compliance.
