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:
- Adopted Part 248 Revised Express Terms - Adopted changes to Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles Express Terms
- Adopted Parts 248 and 200 Revised Regulatory Impact Statement Summary - Summary of the Regulatory Impact Statement
- Adopted Parts 248 and 200 Revised 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.
- Adopted Part 248 Revised 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.
- Adopted Part 248 Revised 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.
- Adopted Part 248 Revised 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.
- Adopted Part 248 Assessment of Public Comments Summary - Summary of public comments received during the comment period.
- Adopted Part 248 Assessment of Public Comments - Comments received during the period from February 5, 2020 through 5:00 P.M., May 15, 2020
