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.

The Notice of Emergency Rulemaking will be available in the December 28, 2022 issues of the State Register and the Environmental Notice Bulletin. A virtual hearing is scheduled for February 28, 2023 at 1 pm. The comment deadline is 5 pm, Monday, March 6, 2023. Written comments may be submitted to NYSDEC, 625 Broadway, Albany, NY 12233-3254, ATTN: James Clyne, P.E., or by e-mail to air.regs@dec.ny.gov.

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