N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 218-5.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 218-5.2 - Remedial action plans for model-years 1993, 1994, 1996 and subsequent model-years

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 218-5.2

Amended New York State Register November 25, 2015/Volume XXXVII, Issue 47, eff. 12/9/2015