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Proposed Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, and Part 200 General Provisions

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. This proposed rulemaking 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. 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.

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).

Due to the unprecedented nature of Covid-19, Governor Cuomo has issued a PAUSE Order directing non-essential meetings/gatherings to be suspended or cancelled. See Executive Order 202 and subsequent additions. As a result, at this time, the Department is cancelling the previously scheduled public hearings for this proposed rulemaking and extending the comment period for this rulemaking for 30 days.

Comment period closed.

The public comment period for this rulemaking is extended until 5:00 pm May 15, 2020 and should be directed to:

James Bologna, P.E.
New York State Department of Environmental Conservation
Division of Air Resources
625 Broadway
Albany, NY 12233-3255
Phone: (518) 402-8292

More about Proposed Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, and Part 200 General Provisions:

  • Proposed Part 248 Express Terms - Proposed changes to Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles
  • Proposed Parts 248 and 200 Regulatory Impact Statement Summary - Summary of the Regulatory Impact Statement
  • Proposed Parts 248 and 200 Regulatory Impact Statement - A general overview of the regulation detailing, among other things, the statutory authority, need for and justification of the proposal, expected cost and recordkeeping/reporting impacts, and compliance schedule.
  • Proposed Part 248 Job Impact Statement - Necessary for all regulations affecting 100 or more jobs and employment opportunities, this document details the number and categories of jobs affected, regions of the state suffering a disproportionate impact, and measures taken to minimize any impact on jobs and employment opportunities.
  • Proposed Part 248 Rural Area Flexibility Analysis - Defined as counties with populations of fewer than 200,000 people and towns in non-rural counties where population density is less than 150 people per square mile, this must state any impacts or requirements imposed upon rural areas. This must also express opportunities provided for rural citizens, businesses or organizations to participate in the rulemaking.
  • Proposed Part 248 Regulatory Flexibility Analysis for Small Businesses and Local Governments - Consideration of, and steps taken by the Department, to minimize any negative impacts on small businesses (independently owned businesses wholly within New York State of 100 employees or fewer) or local governments. This includes an explanation of what opportunities were provided to these entities to participate in the rulemaking process.
  • Contact for this Page
    Division of Air Resources
    Proposed Part 248
    625 Broadway
    Albany, NY 12233-3250
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