(a) If the report issued by a manufacturer under section 218-3.2(a) of this Subpart demonstrates noncompliance with the fleet average contained in this Subpart, during a model-year, the manufacturer must within 60 days file a fleet average enforcement report with the department documenting such noncompliance. Fleet average enforcement reports must identify all vehicle models delivered for sale in New York and their corresponding certification standards and the percentage of each model delivered for sale in New York and California in relation to total fleet sales in the respective state.

(b) Failure to submit an enforcement report may result in penalties as permitted under article 71 of the Environmental Conservation Law in addition to any other penalties permitted under article 71 for failure to comply with the fleet average.