New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 218 - Emission Standards For Motor Vehicles And Motor Vehicle Engines › Subpart 218-5 - Testing › Section 218-5.2 - Remedial action plans for model-years 1993, 1994, 1996 and subsequent model-years

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 'Remedial action plans for facilities covered under California's reporting
					 requirement'. If the state of California requires a remedial action plan based
					 upon full calendar or partial calendar quarter testing, under the California
					 Code of Regulations, title 13, sections 2065, 2109 and 2110 (see Table 1,
					 section
					 200.9  of this
					 Title), such plan will apply to all vehicles certified to the California
					 standards intended for sale in New York State. Such plan will not apply to
					 vehicles that have previously been sold to ultimate purchasers in New
					 York.
(b) Facilities not audited
					 under California's reporting requirements.
(1) New vehicle assembly-line inspection
					 testing. If reports required by an assembly-line test procedure under section
					 218-5.1 
					 of this Subpart are not in accordance with reporting requirements or if
					 surveillance under section
					 218-5.4 
					 of this Subpart indicates that assembly-line inspection testing is being
					 improperly performed, or that vehicles are being manufactured that do not
					 comply with the assembly-line emission standards or functional test requirement
					 at facilities that manufacture cars certified to California standards, but do
					 not ship cars to California, the department may require corrections of
					 reporting or test procedures in accordance with California Code of Regulations,
					 title 13, section 2106 (see Table 1, section
					 200.9  of this
					 Title).
(2) Remedial action plans
					 for facilities not audited under California's reporting requirement.
(i) Remedial action for assembly-line quality
					 audit testing of a full or combined calendar quarter.
(a) When required by the department, the
					 manufacturer must submit a remedial action plan to bring all new motor vehicles
					 in possession of the manufacturer, distributors and dealers into compliance.
					 The manufacturer must submit the plan within 30 calendar days after
					 notification. The department may require execution of the plan with such
					 changes and additions as necessary, including additional testing and reporting,
					 consistent with the applicable assembly-line test procedures. The plan must
					 include a schedule for implementing actions to be taken, including identified
					 increments of progress towards implementation, and deadlines for completing
					 each such increment.
(b) The
					 manufacturer may, within 15 calendar days of its receipt of the department's
					 demand for remedial action, request a public hearing, pursuant to Part 622 of
					 this Title, on the necessity for or scope of any corrective action required by
					 the department.
(c) Failure by a
					 manufacturer to carry out all corrective actions required by the department
					 pursuant to the remedial action plan constitutes a violation of that plan and
					 of section
					 218-2.1  of this
					 Part. The department may extend any deadline in the plan if it finds in writing
					 that a manufacturer has demonstrated that such a deadline will create an
					 unreasonable technological burden upon the manufacturer. Each vehicle required
					 by the plan issued by the department (including any modifications made by the
					 department) to receive remedial action that does not receive such action by the
					 deadline(s) included in the plan constitutes a separate violation of the
					 plan.
(d) Failure to comply with
					 the remedial action plan or any part of such plan required pursuant to this
					 Subpart may result in penalties as permitted under article 71 of the
					 Environmental Conservation Law.
(ii) Remedial action for assembly-line
					 quality audit testing of less than a full calendar quarter of production.
(a) When required by the department, the
					 manufacturer must submit a remedial action plan to bring all new motor vehicles
					 in possession of the manufacturer into compliance. The manufacturer must submit
					 the plan within 30 calendar days after notification. The department may require
					 execution of the plan with such changes and additions as necessary, including
					 additional testing and reporting, consistent with the applicable assembly- line
					 test procedures. The plan must include a schedule for implementing actions to
					 be taken, including identified increments of progress towards implementation,
					 and deadlines for completing each such increment.
(b) The manufacturer may, within 15 calendar
					 days of its receipt of the department's demand for remedial action, request a
					 public hearing, pursuant to Part 622 of this Title on the necessity for or
					 scope of any corrective action required by the department.
(c) Failure by a manufacturer to carry out
					 all corrective actions required by the department pursuant to the remedial
					 action plan constitutes a violation of that plan and of section
					 218-2.1  of this
					 Part. The department may extend any deadline in the plan if it finds in writing
					 that a manufacturer has demonstrated that such a deadline will create an
					 unreasonable technological burden upon the manufacturer. Each vehicle required
					 by the plan issued by the department (including any modifications made by the
					 department) to receive remedial action that does not receive such action by the
					 deadline(s) included in the plan constitutes a separate violation of the
					 plan.
(d) Failure to comply with
					 the remedial action plan or any part of such plan required pursuant to this
					 Subpart may result in penalties as permitted under article 71 of the
					 Environmental Conservation Law.