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Air Pollution Regulatory Revisions

Recently Proposed and Adopted Regulations & Policies

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Emergency Rulemakings

Part 218 Advanced Clean Cars II (ACC II): (PDF)

Emergency Rulemaking - Parts 200, General Provisions, and 218, Emissions Standards for Motor Vehicles and Motor Vehicle Engines. The emergency/proposed rulemaking will incorporate the State of California's Advanced Clean Cars II (ACC II) regulation. The proposed amendments establish new zero emission vehicle (ZEV) and low emission vehicle (LEV IV) standards intended to reduce GHG (greenhouse gas) and NMOG + NOx (non-methane organic gas + oxides of nitrogen) emissions from light- and medium-duty on-road vehicles. The ZEV amendments include an annual ZEV sales requirement for original equipment manufacturers (OEMs), minimum technical requirements, ZEV assurance measures, regulatory flexibilities, and simplified credit accounting. The proposed ZEV amendments will apply to 2026 and subsequent model year light-duty passenger cars (PC), light-duty trucks (LDT), and medium-duty passenger vehicles (MDPV). Starting with model year 2026, OEMs, will be required to deliver an increasing annual percentage of their sales that are ZEVs or PHEVs. This percentage requirement will start at 35% in model year 2026 and increase to 100% of sales for 2035 and subsequent model years. The proposed LEV IV amendments will apply to 2026 and subsequent model year PC, LDT, and medium-duty vehicles (MDV).

Comment period is closed

Part 218 HD Omnibus/Phase 2 Greenhouse Gas (P2 GHG): (PDF)

Emergency Rulemaking - Parts 200, General Provisions, and 218, Emissions Standards for Motor Vehicles and Motor Vehicle Engines. The emergency/proposed rulemaking will incorporate the State of California's Heavy-Duty Omnibus Low NOx (oxides of nitrogen) regulation ("HD Omnibus") and Phase 2 Greenhouse Gas ("Phase 2 GHG") Standards for Medium- and Heavy-Duty vehicles. The Department's proposed adoption of California's regulations would apply to model year 2026 and subsequent heavy-duty engines intended for use in vehicle service classes in New York State. The proposed amendments would establish NOx and particulate matter (PM) exhaust emission standards and associated test procedures for heavy-duty engines and vehicles; amend on board diagnostic (OBD) system requirements; amend the heavy-duty in-use testing program; amend the emissions warranty period and useful life requirements; amend the emissions warranty information and reporting requirements and corrective action procedures; establish in-use emissions data reporting requirements; amend averaging, banking and trading program; amend portions of California's Phase 2 Heavy-Duty Greenhouse Gas (GHG) regulations; and establish powertrain test procedures for heavy-duty hybrid vehicles.

Comment period is closed

Proposed Rulemakings

Subpart 217-5 Heavy Duty Inspection and Maintenance Program (PDF)

The Department is proposing a revision to 6 NYCRR Subpart 217-5, "Heavy Duty Inspection and Maintenance Program." The existing Heavy-Duty Diesel Vehicle Inspection/Maintenance Program (HDDV I/M) began in 1999 and requires official diesel emission inspection stations (ODEIS) to annually conduct smoke opacity emission testing for applicable HDDVs registered in the New York Metropolitan Area (NYMA). The proposed rule revision would revise HDDV I/M requirements to be implemented through the next statewide New York Vehicle Inspection Program (NYVIP3). The proposed revisions to Subpart 217-5 are necessary to reflect NYVIP3 program requirements; improve the enforcement of HDDV I/M; revise smoke opacity cutpoints; allow the Department to more effectively audit ODEIS; and complement the implementation of the statewide NYVIP3 program. Attendant revisions are also being made to 6 NYCRR Part 200, "General Provisions."

Comment period is closed

Recent Adoptions

Adopted Policy DAR-21: The Climate Leadership and Community Protection Act and Air Permit Applications (PDF)

This policy describes the content of analyses required by the Division of Air Resources (DAR) pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA). Chapter 106 of the Laws of 2019. It further describes the procedures staff in DAR will follow when reviewing those analyses for conformance with the requirements of the CLCPA. Finally, this policy establishes the types of air pollution control permit actions required to prepare an analysis as part of the permit application process.

Adopted Part 203 Oil and Natural Gas Sector, and Part 200 General Provisions - Effective March 3, 2022 (PDF)

The Department has adopted 6 NYCRR Part 203 and Part 200. Part 203 will regulate volatile organic compounds (VOCs) and methane (CH4) emissions from the oil and gas sector. This regulation will fulfil three New York State obligations: (1) reduce greenhouse gases (GHGs) in support of the requirements of the Climate Leadership and Community Protection Act (CLCPA), (2) reduce associated VOCs, and (3) fulfill the requirements of the Environmental Protection Agency's (EPA) 2016 Control Techniques Guidelines (CTG) for the oil and gas industry.

Adopted Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines - Adopted December 29, 2021 (PDF)

The Department has adopted amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200 to incorporate California's medium- and heavy-duty zero emission vehicle (ZEV) sales requirement and large entity reporting requirement, also referred to as the "Advanced Clean Trucks" (ACT) regulation.

Adopted Subpart 482-2 Operating Program Fee - Effective date: June 29, 2022 (PDF)

This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act.

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