ENV-31-12-00009-A LEV, ZEV, GHG, Environmental Performance Label, New Aftermarket Catalytic Converter, and Emissions Warranty/Recall Standards

11/28/12 N.Y. St. Reg. ENV-31-12-00009-A

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 48

November 28, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-31-12-00009-A

Filing No. 1127

Filing Date. Nov. 09, 2012

Effective Date. s , 30 d

LEV, ZEV, GHG, Environmental Performance Label, New Aftermarket Catalytic Converter, and Emissions Warranty/Recall Standards

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of Parts 200 and 218; repeal of Part 252 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105; and section 177 of the Federal Clean Air Act (42 USC 7507)

Subject:

LEV, ZEV, GHG, environmental performance label, new aftermarket catalytic converter, and emissions warranty/recall standards.

Purpose:

To incorporate California's most recent low emission vehicle program standards.

Substance of final rule:

The New York State Department of Environmental Conservation (Department) is proposing to amend 6 NYCRR Part 218, 6 NYCRR Part 252 and Section 200.9. Section 200.9 is a list that cites Federal and California codes and regulations that have been referenced by the Department in the course of amending Parts 218 and 252. The purpose of the amendment is to revise the existing low emission vehicle (LEV) program to incorporate modifications California has made to its vehicle emission control program to reduce criteria pollutant and greenhouse gas (GHG) emissions. The Department is amending Sections 218-1.2, Definitions; 218-2.2, Reporting; 218-3.1, Fleet Average; 218-3.2, Fleet average reporting and projection; 218-4.1, ZEV percentages; 218-4.2, Voluntary alternative compliance plan (ACP); 218-5.1, Assembly-line quality audit testing and reporting for 1993, 1994, 1996 and subsequent model-years; 218-7.2, Prohibitions; 218-8.2, Prohibitions; 218-8.3, Fleet average greenhouse gas requirements; and 218-8.5, Greenhouse gas exhaust emissions reporting. New Sections 218-9, Emissions control system warranty requirements; 218-10, Recall requirements; and 218-11, Environmental performance labels are being created. Existing Section 218-9, Severability is being renumbered as Section 218-12. The remaining Sections in Part 218 are unchanged. The existing Part 252 Environmental Performance Labels will be repealed.

Section 218-1.2 is amended to include revisions to definitions that govern the provisions of this Part.

Section 218-2.2 is amended to revise the certification reporting requirements.

Section 218-3.1 is amended to incorporate California’s latest LEV standards. These changes will apply to all 2014 and subsequent model year passenger cars (PC), light-duty trucks (LDT), and medium-duty vehicles (MDV) up to 14,000 pounds Gross Vehicle Weight Rating (GVWR).

The LEV proposal will: require fleet average Super Ultra-low Emission Vehicle (SULEV) performance by model year 2022; increase the stringency and restructure the Non-Methane Organic Gas (NMOG) and oxides of nitrogen (NOx) standards; increase the stringency of the Particulate Matter (PM) standards; increase emission control component durability requirements; increase the stringency and coverage of evaporative emission control requirements; permit manufacturers to pool emissions of criteria pollutants including hydrocarbon (HC), carbon monoxide (CO), and NOx in California and Section 177 states to demonstrate compliance.

Section 218-3.2 is amended to revise the fleet average reporting requirements. The words “and projection” are being deleted from the title. Section 218-3.2(b) is also being deleted. Manufacturers will no longer be required to submit annual fleet average projection reports to the Department. This change will align the Department’s requirements with California and other Section 177 State requirements.

Section 218-4.1 is amended to incorporate California’s latest zero emission vehicle (ZEV) standards. The California regulations take effect for all vehicles up to 10,000 pounds GVWR beginning with the 2012 model year. The ZEV proposal will essentially be split into two periods covering the 2012-2017 model years and the 2018-2025 model years.

The amendments for the 2012-2017 timeframe will: create new ZEV types; extend the travel provision; reduce the ZEV requirement for intermediate low volume manufacturers (IVM); remove credit carry forward restrictions; clarify vehicle credit eligibility. An optional Section 177 ZEV compliance path will also be created as an alternative to the base ZEV requirements. The alternative compliance option meets the states’ interests in placing BEV and PHEV in Section 177 states earlier than would be required under the base program, while also providing vehicle manufacturers with a smoother ramp-up in the number of vehicles required and a reduced ZEV obligation over the life of the program.

The amendments for the 2018-2025 timeframe will: amend manufacturer size definitions, aggregated ownership criteria, and lead time provisions; eliminate partial zero emission vehicles (PZEV) and advanced technology PZEV (ATPZEV) as compliance options; increase ZEV compliance requirements; allow IVM to meet entire ZEV requirement with transitional ZEV (TZEV); limit the use of banked PZEV, ATPZEV, and neighborhood electric vehicle (NEV) credits to meet ZEV requirements; eliminate the travel provision for Type I, I.5, II, and III ZEV; allow GHG over-compliance credits to be used to offset a portion of a manufacturer’s ZEV requirement.

Section 218-4.2 is being repealed. The voluntary ACP program concluded at the end of the 2009 model year and was not extended.

Section 218-5.1 is being amended to remove existing Section 218-5.1(a).

Section 218-7.2 is being amended to include a new Section 218-7.2(c). Section 218-7.2(c) incorporates California’s new aftermarket catalytic converter requirements and prohibition of used catalytic converters.

Sections 218-8.2 and 218-8.3 are being amended to incorporate California’s latest GHG standards. These changes will apply to all 2017 and subsequent model year PC, LDT, and MDV up to 10,000 pounds GVWR. The amendments will: establish separate footprint indexed CO2 grams per mile emission standards for PC and LDT harmonized with proposed federal GHG standards; establish separate emission standards for CH4 and N2O to harmonize with federal standards; include mandatory requirements for motor vehicle air conditioning (MVAC) refrigerants; include MVAC fleet average leak rate limits and indirect emission limits; create off-cycle credit provisions similar to federal provisions; create incentives for full-size pickup truck emission reductions; create optional credit provisions for upstream emissions.

Section 218-8.5(a) is being amended to change the reporting date from March 1st to May 1st. This change will align New York’s reporting date with California’s.

Existing Section 218-9 is renumbered to create Section 218-12. This Section contains severability provisions.

A new Section 218-9 is being created to incorporate California’s emissions control system warranty requirements. These requirements will apply to 2016 and subsequent model year PC, LDT, and MDV up to 14,000 pounds GVWR.

A new Section 218-10 is being created to incorporate California’s recall requirements. These requirements will apply to 2016 and subsequent model year PC, LDT, and MDV up to 14,000 pounds GVWR. The California emissions warranty and recall regulations are designed to reduce vehicle emissions by identifying, recalling, and repairing noncompliant vehicles to meet applicable emission standards and test procedures.

A new Section 218-11 is being created to incorporate California’s environmental performance label standards. These standards were previously incorporated in Part 252. The standards will be updated and moved to Part 218 to consolidate all of the new motor vehicle emission standards in one Part.

Existing Part 252 will be repealed.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 200.9.

Text of rule and any required statements and analyses may be obtained from:

Jeff Marshall, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, [phone], email: [e-mail]

Additional matter required by statute:

Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file.

Revised Regulatory Impact Statement, Revised Regulatory Flexibility Analysis, Revised Rural Area Flexibility Analysis and Revised Job Impact Statement

No changes were made to previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.

Assessment of Public Comment

The New York State Department of Environmental Conservation (Department) is proposing to amend 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines; 6 NYCRR Part 200, General Provisions; and repeal 6 NYCRR Part 252, Environmental Performance Labels to reflect changes to California’s low emission vehicle (LEV) program that incorporate updated LEV, greenhouse gas (GHG), zero emission vehicle (ZEV), environmental performance label, aftermarket catalytic converter, and emissions warranty and recall standards; and to maintain identical standards with California for a given weight class as required under Section 177 of the Clean Air Act. Section 177 provides that states may adopt the California new vehicle emissions standards provided that these standards are identical to California’s.

The Department published the proposed regulations on August 1, 2012. Hearings were held in Avon on September 17, 2012; Albany on September 19, 2012; and Long Island City on September 20, 2012. The comment period closed at 5:00 p.m. on September 27, 2012. The Department received written and oral comments from seven commenters representing vehicle and emission control component manufacturer trade organizations, environmental groups, and public health groups. All of the comments have been reviewed, summarized, and responded to by the Department.

The commenters expressed support for the Department’s adoption of the proposed regulations. No comments were received expressing opposition to the regulation. Comments covered general support for the regulation, public health and environmental benefits, LEV standards, greenhouse gas standards, ZEV standards, aftermarket catalytic converter standards, and emissions warranty and recall. There were also several comments that were determined to be beyond the scope of this rulemaking.