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Adopted Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles

In 2006, the Legislature passed, and the Governor signed the "Diesel Emissions Reduction Act of 2006" (DERA). The legislation charged the Department with implementing a regulatory program that would require the use of Ultra Low Sulfur Diesel (ULSD) fuel and Best Available Retrofit Technology (BART) for any heavy duty diesel vehicle (HDDV) that is owned by, operated by or on behalf of, or leased by a state agency and state and regional public authority. The Department subsequently promulgated Part 248, effective as of July 30, 2009, to implement DERA.

Additionally, the Legislature amended ECL section 19-0323 annually, beginning with calendar year 2010 and ending with calendar year 2018, to extend compliance dates. The final extension established compliance dates of December 31, 2019 for BART compliance and December 31, 2020 for the end of useful life waivers. Although these deadlines were extended, the Legislature has maintained the retrofit requirement for existing vehicles, making plain its continued interest in reducing emissions from heavy duty vehicles owned by or operated on behalf of the State.

The adopted rulemaking, effective November 19, 2020, revises compliance dates for BART and useful life waivers; updates the definition of heavy duty vehicle to incorporate changes made to the New York State Vehicle and Traffic Law that add additional exemptions; adds "on behalf of" to Section 248-3.1(d); clarifies the annual reporting requirement period under 248-6.1(a); and, corrects a typographical spacing error. These clarifications should assist regulated entities and prime contractors in complying with the Part 248 requirements. Heavy Duty diesel powered vehicles (including on-road and off-road) with engine models years older than 2007 are subject to BART and ULSD requirements. This regulation includes some exemptions for certain vehicles used in certain situations (emergency, agriculture, non-road construction, timber).

More about Adopted Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles:

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    Division of Air Resources
    Part 248
    625 Broadway
    Albany, NY 12233-3250
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