Instructions on how to “join” the hearing webinar and provide an oral statement will be published on the Department’s proposed regulations webpage for 6 NYCRR Part 217-5 by November 23, 2022. The proposed regulations webpage for 6 NYCRR Part 217-5 may be accessed at: https://www.dec.ny.gov/regulations/propregulations.html

Persons who wish to receive the instructions by mail or telephone may call the Department at (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Part 217-5 public comment hearing.

The Department will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than January 13, 2023. The written request must be addressed to ALJ Jennifer Ukeritis, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Ukeritis at [email protected].

The Department is amending Sections 217-5.1, Definitions; 217-5.2, Applicability; 217-5.3, Heavy duty diesel emission standards; 217-5.4, Vehicle owner/operator requirements; 217-5.5, Emissions inspection procedures and test methods; 217-5.6, Test equipment specifications and test procedures; 217-5.7, Enforcement and penalties; 217-5.8 Hardship waiver. The remaining Sections in Part 217 are unchanged.

Section 217-5.1 is amended to include definitions of new equipment required for official diesel emissions inspection stations (ODEIS) through the statewide New York Vehicle Inspection Program (NYVIP3) to perform the updated Heavy-Duty Diesel Vehicle Inspection and Maintenance Program (HDDV I/M) requirements.

Section 217-5.2 is amended to define who is required to use and perform HDDV I/M on the new NYVIP3 equipment.

Section 217-5.3 is amended to establish new, more stringent opacity cutpoints for diesel emissions inspections (smoke opacity) to go into effect after the implementation of NYVIP3.

Section 217-5.4 is amended to clarify vehicle owner and operator requirements in relation to emission control devices.

Section 217-5.5 is amended to clarify the emissions inspection procedure.

Section 217-5.6 is amended to clarify test equipment specifications and test procedure.

Section 217-5.7 is amended to clarify penalties and enforcement in relation to the new NYVIP3 equipment.

Section 217-5.8 is amended to clarify the hardship waiver process in relation to the new NYVIP3 equipment.

I. INTRODUCTION

The New York State Department of Environmental Conservation (“DEC” or “the Department”) is proposing to amend Title 6 of the Codes, Rules and Regulations of the State of New York (“6 NYCRR”), Subpart 217-5, Heavy Duty Inspection and Maintenance Program, and Section 200.9, Referenced Material, to reflect revised Heavy-Duty Diesel Vehicle Inspection and Maintenance Program (“HDDV I/M”) requirements. The existing HDDV I/M has required annual smoke opacity emission testing for applicable HDDVs registered within the downstate New York Metropolitan Area (“NYMA”) since 1999. NYMA geographically includes Bronx, Kings, New York, Nassau, Queens, Richmond, Rockland, Suffolk, and Westchester counties. DMV regulation under 15 NYCRR Section 79.9(d)(4) requires that an official diesel emission inspection station (“ODEIS”) must use the appropriate diesel emission test equipment approved by DEC. DEC has certified various opacity smokemeters over time and maintains a list of approved smoke meters on the DEC website.¹

The proposed HDDV I/M requirements for ODEIS would be implemented through the next statewide New York Vehicle Inspection Program (“NYVIP3”) tentatively scheduled to begin on December 1, 2022. The NYVIP3 start date for HDDV I/M testing is contingent upon the NYVIP3 contractor’s ability to develop, test, and install opacity testing equipment that is certified by DEC and the New York State Department of Motor Vehicles (“DMV”).

NYVIP provides a communication network between licensed DMV inspection stations and a contractor procured by DMV. The NYVIP contractor also provides emissions testing equipment approved by DEC and DMV. The current iteration, NYVIP2², will end on November 30, 2022. NYVIP3 will continue to provide statewide onboard diagnostic testing for light-duty vehicles but will also integrate smoke opacity testing for the downstate HDDV I/M program.

The NYVIP3 contractor, Opus Inspection, was chosen through a DMV Request for Proposal (“RFP”) procurement completed in April 2020. With the start of NYVIP3, the current DEC approved opacity meters³ will become obsolete at ODEIS for I/M testing. ODEIS were informed of the NYVIP3 opacity equipment requirement prior to, and since, the NYVIP3 procurement.

New York State Environmental Conservation Law (“ECL”) § 19-0320 requires the Department to coordinate smoke opacity limits with other states located within the ozone transport region (“OTR”). DEC proposes, under section 217-5.3, to implement revised opacity cutpoints after the HDDV I/M program is fully transitioned into NYVIP3. DEC anticipates the transition would occur around April 2023.

The proposed regulation would not require certain New York State governmental entities to purchase NYVIP3 equipment for HDDV I/M opacity testing. These entities are the Metropolitan Transportation Authority (“MTA”), which is exempt under 15 NYCRR Section 79.2(d)(4); the NYS Department of Transportation (“NYSDOT”) for school bus inspections completed under 217-5.2(b)(1)(i); and DEC for roadside inspections under 217-5.2(c). These government entities are not licensed by DMV as ODEIS, nor do they authorize NYS Heavy Duty Diesel safety/emission stickers. Any HDDV smoke opacity inspections completed by MTA, NYS DOT, and DEC after the start of NYVIP3 must be completed on DEC certified opacity meters and subject to same opacity cutpoints as ODEIS. The MTA and NYSDOT are also subject to DEC station and equipment audits.

The proposed revisions to Subpart 217-5 would update existing DEC heavy-duty vehicle inspection procedures for DMV-licensed ODEIS and would subsequently revise the structure and stringency of HDDV smoke opacity I/M pass/fail criteria (i.e., “cutpoints”). The proposal would update ODEIS equipment requirements and clarify emission control device visual tampering checks under section 217-5.5; complete minor revisions to test procedures under section 217-5.6; and update HDDV hardship waiver procedures under section 217-5.8.

II. STATUTORY AUTHORITY

DEC statutory authority to revise Subpart 217-5 includes: Environmental Conservation Law, Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0320, 71-2103, 71-2105; Vehicle and Traffic Law, Sections 301-b and 375.28.

III. NEEDS AND BENEFITS

The existing HDDV I/M program has not been revised since its implementation in 1999. The current program has significant limitations that will be improved upon with an integrated NYVIP3 opacity meter for DMV licensed ODEIS.

1. The current HDDV I/M certified opacity meters are not connected to a vehicle inspection database (“VID”). ODEIS are currently required to document completed HDDV I/M inspections using form, VS-1074D⁴. The official HDDV I/M inspection record is subject to inspection, but is not being transmitted to DMV or DEC. The Department cannot effectively audit, enforce, or complete meaningful program evaluation of the current HDDV I/M program. NYVIP3 will include the electronic reporting of NYS inspection results through a contractor run VID.

2. The Department completes HDDV audits at licensed ODEIS. These audits include a calibration check of the ODEIS opacity smokemeters. The current smoke opacity units do not provide an electronic calibration file. As such, DEC currently completes on-site ODEIS audits with no prior information available before the station visit. NYVIP3 will provide remote access to ODEIS calibration files which can be used by DEC to plan on-site audits.

3. The HDDV emission/safety sticker inventory cannot be actively monitored. The Departments have encountered fraudulent testing practices, including the inappropriate use of NYS heavy-duty safety/emissions stickers. NYVIP3 will include NYS safety/emissions sticker inventory controls.

4. Most of the opacity smokemeters used by ODEIS are no longer covered by a manufacturer warranty and equipment maintenance and repair is the responsibility of the ODEIS. NYVIP3 provide equipment warranty and repair service during the term of the NYVIP3 contract.

5. The current opacity meters do not have the functionality for the Department to complete program-wide opacity cutpoint revisions. NYVIP3 will allow the Department to make cutpoint revisions to all ODEIS HDDV equipment remotely through the contractor’s VID.

With an integrated NYVIP3 opacity meter, the Departments will have improved monitoring of HDDV I/M inspections as electronic inspection records will be provided in the same manner as the current light-duty NYVIP2 program. The NYVIP3 integrated opacity meter will also generate an electronic calibration file. The Departments will be capable of querying data allowing for more focused equipment auditing and potentially for regulatory compliance. The NYVIP3 integrated opacity meter will be capable of “locking-out” malfunctioning equipment to require warranty service, when necessary. The NYVIP3 contractor will be capable of completing the proposed cutpoint revisions through the VID. The Department could complete program evaluation efforts based on the availability of required reports.

ODEIS will have the benefit of having new smokemeter equipment with a contractor provided warranty and repair services during the term of NYVIP3. NYVIP3 also provides the State with the option for completing future medium and heavy-duty onboard diagnostic testing.

Diesel Exhaust

New York State has a need to reduce exhaust emissions from on-road heavy-duty diesel vehicles. Of note, diesel exhaust contains particulate matter (“PM”) and oxides of nitrogen (“NOx”). NOx is a primary precursor to the formation of ground-level ozone and in the secondary formation of fine particulate matter. The New York-Northern New Jersey-Long Island ozone nonattainment area, which includes NYMA, was proposed to be reclassified from a serious to a severe nonattainment status for the 2008 ozone standards on April 13, 2022.

With the implementation of NYVIP3 and the proposed revisions to Subpart 217-5, the Department anticipates a reduction in particulate matter emissions from HDDVs, and consequently anticipates an associated health benefit.

NYVIP3 also includes the option to potentially transition to statewide HDDV OBD I/M testing for applicable OBD-equipped HDDVs. While federal I/M regulation does require light-duty OBD I/M in certain areas of the country (including New York State), EPA does not require HDDV I/M. The Department is aware that the State of California is considering requiring HDDV OBD I/M⁵.

COSTS

ODEIS facilities were notified of the revised NYVIP3 equipment requirement prior to the NYVIP3 procurement. NYVIP2 stations were sent station messages noting the integrated opacity meter requirement in January 2020, March 2021, December 2021, and March 2022. The DEC website notes the proposed HDDV I/M transition to NYVIP3. DAR anticipates that some of the current ODEIS will make the business decision to discontinue completing HDDV I/M inspections with NYVIP3. The Department estimates that there are 800-1,000 smoke opacity meters currently in use, with 500-700 opacity meters at ODEIS. The remaining units are used by state government entities not regulated as ODEIS.

Pursuant to the NYVIP3 contract, the purchase cost of an integrated opacity smoke meter will range from $4,700 to $9,000. The higher unit costs represent instances where an additional (e.g., second or more) NYVIP3 integrated opacity meter is purchased at a given ODEIS location. DAR estimates that the majority of privately owned ODEIS will purchase a single NYVIP3 unit with integrated opacity meter with an optional cart for an estimated cost of approximately $5,700. The Department estimates the initial capital cost for privately owned ODEIS facilities to be $2.85 million (500 ODEIS times an average cost of $5,700 per unit). Each completed HDDV inspection would be subject to an Opus transaction fee of $0.436. DAR estimates the annual NYVIP3 transaction fees for ODEIS would cost $75,537 (165,000 HDDVs registered in NYMA; estimated 5% opacity inspection failure rate; $0.436/transaction). Considering the minimum seven-year duration of NYVIP3, the Department estimates ODEIS costs of $3.4 million for NYVIP3 equipment purchase and associated transaction fees.

Opus Inspection is developing a more “rugged” tablet based HDDV I/M equipment option for another OTR state at an approximate cost of $10,000. This equipment option would be more portable than the offered NYVIP3 HDDV workstation but is not part of the NYVIP3 contract. If developed by Opus and approved for use by the Department and DMV, it may be a purchase option for some ODEIS and for those NYS government entities not regulated as ODEIS. Any NYVIP3 equipment option would be subject to the Department’s and DMV’s acceptance testing. MTA, NYSDOT, and DEC would have the option of purchasing this unit. The tablet option would have an associated NYVIP3 equipment warranty and would provide enhanced data reporting compared to the existing smokemeters. Should all current government entities opt to replace their existing opacity smokemeters for the rugged NYVIP3 alternative, the Department estimates $2.7 million in equipment costs and annual transaction fee costs of $12,000.

IV. LOCAL GOVERNMENT MANDATES

The proposed regulations do not impose a local government mandate pursuant to Executive Order 17. No additional paperwork or staffing requirements are expected. Local governments have no additional compliance obligations as compared to other subject entities.

V. PAPERWORK

The proposed revisions will not increase paperwork requirements for HDDV owner/operators, opacity equipment manufacturers, or ODEIS stations. The Department anticipates that some paperwork associated with the existing HDDV I/M at ODEIS will be reduced through NYVIP3 electronic reporting. Some existing NYS HDDV I/M forms will be revised.

VI. DUPLICATION

There are no relevant state or federal rules or other requirements that would duplicate, overlap, or conflict with the proposed Subpart 217-5 rulemaking.

VII. ALTERNATIVES

The NYVIP3 program was developed through a competitive RFP procurement. The Department proposes to update its regulations to reflect revised NYVIP3 program requirements. There are currently no other viable alternatives to the proposed regulation.

The NYVIP3 contract does include the option for a future transition to include medium- and heavy- duty OBD as the required I/M emissions test type for applicable OBD-equipped heavy-duty vehicles. NYVIP3 would still require smoke opacity testing for the older non-OBD equipped HDDVs. The Department estimates that currently less than 50% of the NYMA-registered heavy- duty vehicles are OBD equipped. The Department, in consultation with DMV, will evaluate the feasibility of future OBD I/M testing for medium- and heavy-duty vehicles after considering the test procedures and operational success of HDDV OBD I/M in other states and/or any new state of federal heavy-duty I/M requirements.

VIII. FEDERAL STANDARDS

There are no equivalent federal heavy-duty diesel I/M performance standards to the revisions proposed for Subpart 217-5.

IX. COMPLIANCE SCHEDULE

Revised HDDV I/M requirements for ODEIS through the NYVIP3 program are scheduled to go into effect on December 1, 2022. The proposed, more stringent opacity cutpoints and restructuring of model year brackets are scheduled to go into effect on April 1, 2023.

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¹ https://www.dec.ny.gov/chemical/8391.html

² https://dmv.ny.gov/inspection/new-york-vehicle-inspection-program-nyvip

³ https://www.dec.ny.gov/chemical/8391.html

⁴ https://dmv.ny.gov/forms/vs1074sd.pdf

⁵ https://ww2.arb.ca.gov/rulemaking/2021/hdim2021?utm_medium=email&utm_source=govdelivery

1. Effect of rule:

The New York State Department of Environmental Conservation (Department) is proposing to amend Subpart 217-5, Heavy Duty Inspection and Maintenance Program, and Section 200.9, Referenced Material, to reflect revised Heavy-Duty Diesel Vehicle Inspection and Maintenance Program (“HDDV I/M”) requirements. The proposed amendments would implement the revised HDDV I/M requirements through the statewide New York Vehicle Inspection Program (NYVIP3) tentatively scheduled to begin on December 1, 2022. The proposed amendments require official diesel emission inspection stations (ODEIS) located in the New York Metropolitan Area (NYMA) to purchase new integrated diesel emission inspection equipment through NYVIP3. Additionally, once a full transition to NYVIP3 is complete, the proposed amendments will revise opacity cutpoints to be more stringent. DEC will make this determination anticipated around April 2023.

ODEIS facilities were notified of the revised NYVIP3 equipment requirement prior to the NYVIP3 procurement. NYVIP2 stations were sent station messages noting the integrated opacity meter requirement in January 2020, March 2021, December 2021, and March 2022. The DEC website notes the proposed HDDV I/M transition to NYVIP3. DAR anticipates that some of the current ODEIS will make the business decision to discontinue completing HDDV I/M inspections with NYVIP3. The Department estimates that there are 800-1,000 smoke opacity meters currently in use, with 500-700 opacity meters at ODEIS. The Department estimates that there are 500-700 ODEIS, generally small businesses, that will be subject to this regulation. The remaining units are used by state government entities not regulated as ODEIS.

2. Compliance requirements:

The proposed amendments require official diesel emission inspection stations (ODEIS) located in the New York Metropolitan Area (NYMA) to purchase new integrated diesel emission inspection equipment through NYVIP3. The integrated NYVIP3 equipment will most likely require an internet connection.

The Department does not anticipate any compliance requirements for local governments.

3. Professional services:

There are no professional services needed by small business or local government to comply with the proposed amendments.

4. Compliance costs:

Pursuant to the NYVIP3 contract, the purchase cost of an integrated opacity smoke meter will range from $4,700 to $9,000. The higher unit costs represent instances where an additional (e.g., second or more) NYVIP3 integrated opacity meter is purchased at a given ODEIS location. DAR estimates that the majority of privately owned ODEIS will purchase a single NYVIP3 unit with integrated opacity meter with an optional cart for an estimated cost of approximately $5,700. Additionally, each completed HDDV inspection would be subject to an Opus transaction fee of $0.436.

Opus Inspection is developing a more “rugged” tablet based HDDV I/M equipment option for another OTR state. This equipment option would be more portable than the offered NYVIP3 HDDV workstation but is not part of the NYVIP3 contract. If developed by Opus and approved for use by the Department and New York State Department of Motor Vehicles (DMV), the rugged HDDV I/M option could potentially become a purchase option for some ODEIS and for those NYS government entities not regulated as ODEIS. Any NYVIP3 equipment option would be subject to the Department’s and DMV’s acceptance testing. The cost of a rugged tablet-based option is not available, but the Department anticipates it would be approximately $10,000.

The cost of internet access is variable and dependent on several factors if needed at a location to use the integrated NYVIP3 equipment.

5. Economic and technological feasibility:

New York State implemented the initial round of the New York State Vehicle Inspection Program in 2004 to require statewide onboard diagnostic (OBD) I/M emissions testing for applicable light-duty vehicles in accordance with federal I/M requirements and New York’s State Implementation Plan. NYVIP provides a communication network between licensed DMV inspection stations and a contractor procured by DMV. The NYVIP contractor also provides emissions testing equipment approved by DEC and DMV. The current iteration, NYVIP2, will end on November 30, 2022. NYVIP3 will continue to provide statewide onboard diagnostic testing for light-duty vehicles but will also integrate smoke opacity testing for the downstate HDDV I/M program.

The NYVIP3 contractor, Opus Inspection, was chosen through a DMV Request for Proposal procurement completed in April 2020. With the start of NYVIP3, the current DEC approved opacity meters will become obsolete at ODEIS for I/M testing. ODEIS were informed of the NYVIP3 opacity equipment requirement prior to, and since, the NYVIP3 procurement.

ODEIS will have the benefit of having new smokemeter equipment with a contractor provided warranty and repair services during the term of NYVIP3. NYVIP3 also provides the State with the option for completing future medium and heavy-duty onboard diagnostic testing.

In terms of economic feasibility, ODEIS must make their own business decision to buy the new equipment or not. The Department believes the costs are reasonable and that there is an added value in having the contractor provided warranty and repair services with the new equipment.

As far as technological feasibility, the selected NYVIP3 contractor found that internet connectivity issues will apply to a very limited number of inspection stations. The NYVIP3 contractor will research specific options for every station without broadband and provide recommendations for each one to acquire broadband access.

6. Minimizing adverse impact:

The proposed amendments will impact ODEIS, the vast majority of which are located within the downstate 9-county NYMA, and several governmental entities not regulated as ODEIS (e.g., DEC, MTA, and NYSDOT). ODEIS facilities were notified of the revised NYVIP3 equipment requirement prior to the NYVIP3 procurement. NYVIP2 stations were sent station messages noting the integrated opacity meter requirement in January 2020, March 2021, December 2021, and March 2022. The DEC website notes the proposed HDDV I/M transition to NYVIP3. The Department informed impacted governmental entities not regulated as ODEIS about the possible impacts of the proposed amendments throughout the development of the proposed amendments.

The Department anticipated that there will be no adverse impact on local governments.

7. Small business and local government participation:

The Department will hold public commenting periods for the proposed amendments as a part of the rule making process which will allow for small businesses and local government to participate in the rulemaking process. The Department has scheduled a stakeholder outreach meeting for this regulation update on September 29, 2022. Past outreach has included: station messages sent as noted in the document, discussion with appropriate association leadership, listing on our website, and a past mailing.

8. For rules that either establish or modify a violation or penalties associated with a violation:

The proposed amendments do not modify any existing violations or penalties associated with a violation under 217-5.7.

1. Types and estimated numbers of rural areas:

The New York State Department of Environmental Conservation (Department) is proposing to amend Subpart 217-5, Heavy Duty Inspection and Maintenance Program, and Section 200.9, Referenced Material, to reflect revised Heavy-Duty Diesel Vehicle Inspection and Maintenance Program (HDDV I/M) requirements. The proposed amendments would implement the revised HDDV I/M requirements through the statewide New York Vehicle Inspection Program (NYVIP3) tentatively scheduled to begin on December 1, 2022. The proposed amendments would require official diesel emission inspection stations (ODEIS), the vast majority are located in the New York Metropolitan Area (NYMA), to purchase new integrated diesel emission inspection equipment through NYVIP3. Additionally, once a full transition to NYVIP3 is complete, the proposed amendments would revise opacity cutpoints to be more stringent. DEC will make this determination anticipated around April 2023.

There are no requirements in the adopted regulation which apply only to rural areas.

2. Reporting, recordkeeping, other compliance requirements; and professional services:

There are no specific requirements in the adopted regulation which apply exclusively to rural areas.

3. Costs:

The proposed amendments are expected to result in additional costs for ODEIS. Pursuant to the NYVIP3 contract, the purchase cost of an integrated opacity smoke meter will range from $4,700 to $9,000. The higher unit costs represent instances where an additional (e.g., second or more) NYVIP3 integrated opacity meter is purchased at a given ODEIS location. DAR estimates that the majority of privately owned ODEIS will purchase a single NYVIP3 unit with integrated opacity meter with an optional cart for an estimated cost of approximately $5,700. Each completed HDDV inspection would be subject to an Opus transaction fee of $0.436.

Opus Inspection is developing a more “rugged” tablet based HDDV I/M equipment option for another OTR state. This equipment option would be more portable than the offered NYVIP3 HDDV workstation but is not part of the NYVIP3 contract. If developed by Opus and approved for use by the Department and New York State Department of Motor Vehicles (DMV), the rugged HDDV I/M option could potentially become a purchase option for some ODEIS and for those NYS government entities not regulated as ODEIS. Any NYVIP3 equipment option would be subject to the Department’s and DMV’s acceptance testing. The cost of a rugged tablet-based option is not available, but the Department anticipates it would be approximately $10,000. MTA, NYSDOT, and DEC may consider (but would not be required) this purchase option. The tablet option would have an associated NYVIP3 equipment warranty and would provide enhanced data reporting compared to the existing smokemeters.

The large majority of costs associated with the proposed amendments impact ODEIS in NYMA. The minimal cost to rural areas would be isolated to some governmental entities not regulated as ODEIS.

As noted above, several NYS government entities (DEC, MTA, DOT) are not regulated as ODEIS, and they will not be subject to the NYVIP3 equipment requirements. These government entities will be subject to the proposed revised opacity cutpoints when applicable to ODEIS.

Overall, the Department does not anticipate any significant costs to rural areas.

4. Minimizing adverse impact:

The large majority of impacts associated with the proposed amendments affect ODEIS in NYMA. The minimal impacts to rural areas would be isolated to some governmental entities not regulated as ODEIS. The Department informed impacted governmental entities not regulated as ODEIS, such as DEC, MTA, and NYSDOT about the possible impacts of the proposed amendments throughout the development of the proposed amendments. Overall, the Department does not anticipate any significant adverse impacts to rural areas.

The Department will assess public comments regarding rural impacts received in the public commenting period of the proposed amendments.

5. Rural area participation:

The Department will hold public commenting periods for the proposed amendments as a part of the rule making process which will allow for stakeholders in rural areas to participate in the rulemaking process. Additionally, the Department consulted impacted governmental entities not regulated as ODEIS, such as DEC, MTA, and NYSDOT that may operate in rural areas throughout the development of the proposed amendments.

1. Nature of impact:

The New York State Department of Environmental Conservation (Department) is proposing to amend Subpart 217-5, Heavy Duty Inspection and Maintenance Program, and Section 200.9, Referenced Material, to reflect revised Heavy-Duty Diesel Vehicle Inspection and Maintenance Program (“HDDV I/M”) requirements. The proposed amendments would implement the revised HDDV I/M requirements through the statewide New York Vehicle Inspection Program (NYVIP3) tentatively scheduled to begin on December 1, 2022. The proposed amendments require official diesel emission inspection stations (ODEIS) located in the New York Metropolitan Area (NYMA) to purchase new integrated diesel emission inspection equipment through NYVIP3. Additionally, once a full transition to NYVIP3 is complete, the proposed amendments will revise opacity cutpoints to be more stringent. DEC will make this determination anticipated around April 2023.

The adopted amendments to the regulations may adversely impact jobs and employment opportunities in New York State, specifically in NYMA. The existing HDDV I/M has required annual smoke opacity emission testing for applicable HDDVs registered within the downstate New York Metropolitan Area (NYMA) since 1999. New York State implemented the initial round of the New York State Vehicle Inspection Program in 2004 to require statewide onboard diagnostic (OBD) I/M emissions testing for applicable light-duty vehicles in accordance with federal I/M requirements and New York’s State Implementation Plan. The Department is unaware of any significant adverse impact to jobs and employment opportunities as a result of previous revisions.

2. Categories and numbers affected:

The proposed revisions may have an adverse impact on ODEIS in NYMA. The Department anticipates that some of the current ODEIS will make the business decision to discontinue completing HDDV I/M inspections with NYVIP3. The Department estimates that there are 800-1,000 smoke opacity meters currently in use, with 500-700 opacity meters at ODEIS. The remaining units are used by state government entities not regulated as ODEIS. For the regulated ODEIS stations that choose to continue participating in the HDDV I/M, there will be a cost associated with purchasing the new integrated NYVIP3 equipment to perform the HDDV I/M, as well as a transaction fee for each inspection performed on the integrated NYVIP3 equipment.

The proposed revisions may have an adverse impact on government entities not regulated as ODEIS. The department estimates that 300 smoke opacity meters are in use by government entities not regulated as ODEIS. While not required to purchase new integrated NYVIP3 equipment, these entities in the future could choose to purchase new integrated NYVIP3 equipment. In such a case, there will be a cost associated with purchasing the new integrated NYVIP3 equipment to perform the HDDV I/M, as well as a transaction fee for each inspection performed on the integrated NYVIP3 equipment.

Additionally, the proposed revisions may have an adverse impact on ODEIS in NYMA and government entities not regulated as ODEIS due to the more stringent opacity standards to be implemented after the full implementation of NYVIP3. The more stringent opacity standards are anticipated to cause higher failure rates of vehicles tested in the HDDV I/M, incurring a cost of repairing these failing vehicles.

3. Regions of adverse impact:

The New York Metropolitan Area (NYMA). NYMA geographically includes Bronx, Kings, New York, Nassau, Queens, Richmond, Rockland, Suffolk, and Westchester counties.

4. Minimizing adverse impact:

ODEIS facilities were notified of the revised NYVIP3 equipment requirement prior to the NYVIP3 procurement. NYVIP2 stations were sent station message reminders in January 2020, March 2021, December 2021, and March 2022. The DEC website notes the proposed HDDV I/M transition to NYVIP3.

The proposed regulation would not require certain New York State governmental entities to purchase NYVIP3 equipment for HDDV I/M opacity testing. These entities are the Metropolitan Transportation Authority (MTA), which is exempt under 15 NYCRR Part 79.2(d)(4); the NYS Department of Transportation (NYSDOT) as limited to school bus inspections completed under 217-5.2(b)(1)(i); and DEC for roadside inspections under 217-5.2(c). These government entities are not licensed by DMV as ODEIS, nor do they authorize NYS Heavy Duty Diesel safety/emission stickers.

5. Self-employment opportunities:

None that the Department is aware of at this time.