Home » 2010 Issues » June 23, 2010 » ENV-51-09-00007-A Low Emission Vehicle (LEV) Greenhouse Gas (GHG) Emission Standards
ENV-51-09-00007-A Low Emission Vehicle (LEV) Greenhouse Gas (GHG) Emission Standards
6/23/10 N.Y. St. Reg. ENV-51-09-00007-A
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 25
June 23, 2010
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-51-09-00007-A
Filing No. 607
Filing Date. Jun. 08, 2010
Effective Date. s , 30 d
Low Emission Vehicle (LEV) Greenhouse Gas (GHG) Emission 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 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, 71-2103 and 71-2105; Federal Clean Air Act (42 USC 7507), section 177
Subject:
Low emission vehicle (LEV) greenhouse gas (GHG) emission standards.
Purpose:
To incorporate revisions California has made to its LEV program to amend its GHG standards.
Text or summary was published
in the December 23, 2009 issue of the Register, I.D. No. ENV-51-09-00007-P.
Final rule as compared with last published rule:
No changes.
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, (518) 402-8292, email: airregs@gw.dec.state.ny.us
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. This rule was approved by the Environmental Board.
Revised Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
The New York State Department of Environmental Conservation (Department) is proposing to amend 6 NYCRR Section 200.9, and 6 NYCRR Part 218. Part 218 is being amended to incorporate revisions to the greenhouse gas (GHG) requirements that have been adopted by the California Air Resources Board (CARB) as part of the Low Emission Vehicle (LEV) program.
There are no requirements in the regulation which apply only to rural areas. These changes apply to vehicles purchased by consumers, businesses, and government agencies in New York. The changes to these regulations may impact businesses involved in manufacturing, selling or purchasing passenger cars or trucks.
The changes are additions to the current LEV standards. The new motor vehicle emission program has been in effect in New York State since model year 1993 for passenger cars as well as light-duty trucks, with the exception of model year 1995, and the Department is unaware of any adverse impact to rural areas as a result. The beneficial emission reductions from the program accrue to all areas of the state.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
There are no specific requirements in the proposed regulations which apply exclusively to rural areas. Reporting, recordkeeping and compliance requirements apply primarily to vehicle manufacturers, and to a lesser degree to automobile dealerships. Manufacturers reporting requirements mirror the California requirements, and are thus not expected to be burdensome. Dealerships do not have reporting requirements, but must maintain records to demonstrate that vehicles are California certified. This documentation is the same as documentation already required by the New York State Department of Motor Vehicles for vehicle registration.
Professional services are not anticipated to be necessary to comply with the rules.
3. Costs:
The proposed amendments to the GHG standards are not expected to have an adverse impact on consumers. The amendments are intended to provide manufacturers with compliance flexibility by providing them with the option of demonstrating fleet average compliance utilizing a larger pool of vehicles. There are no costs associated with this change that would be passed along to consumers in the form of higher prices.
4. Minimizing adverse impact:
The changes will not adversely impact rural areas.
5. Rural area participation:
The Department held public hearings at various locations throughout New York State once the regulation was proposed. Some of these locations were convenient for persons from rural areas to participate. Additionally, there was a public comment period in which interested parties could submit written comments.
Assessment of Public Comment
Comments received from December 23, 2009 through 5:00 P.M., February 17, 2010
Economy
Comment: This proposed rulemaking at a economic downturn like we are experiencing is a further burden on people who have already too many expenses as is. This will cause the price of cars and all subsequent emissions related work to increase substantially and force people to keep older cars roadworthy which counter-productive to the proposed policy. Commentor 1.
Comment: DEC should make efforts not to exacerbate the economic situation by overburdening those already troubled by the current state of the economy. People are in eminent danger of losing long-term jobs and their homes. Delaying the implementation of this a couple of years would be helpful to the whole economy. Commentor 1.
Response: The Department disagrees with these comments. The amendments are intended to provide manufacturers with compliance flexibility by providing them with the option of demonstrating fleet average compliance utilizing a larger pool of vehicles. There are no costs associated with this change that would be passed along to consumers, local government, or businesses in the form of higher prices.
Outside the Scope
Comment: I travel (via train and bus) from Kingston, NY to Newburgh, NY, to NYC and back every week. I see much benefit from implementing current regulations instead of adopting new regulations at the wrong time which burden everyone instead of targeting the actual contributors that currently violate the standards. I see a sign up at every bus station yard stating that the EPA doesn't allow idling busses for more than 5 minutes yet they are all there for as much as 15 minutes or more idling and contributing to poor air quality. Think of the benefit to the environment of an employee traveling to the bus terminals and giving out fines for violating EPA mandates. Commentor 1.
Response: This comment is outside the scope of this proposed rulemaking.
