N.Y. Comp. Codes R. & Regs. tit. 6 § 218-7.2

Current through Register Vol. 46, No. 22, May 29, 2024

Section 218-7.2 - Prohibition

(a) It is unlawful for any person engaged in a business which involves the selling of air contaminant emission control systems, or parts thereof, to offer for sale, sell, or install, an air contaminant emission control system, or part thereof, unless it meets the regulations and standards as set forth in this Subpart.

(b) It is unlawful for any person to install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required air contaminant emission control system that alters or modifies the original design or performance of any such air contaminant emission control system. This section does not apply to an alteration, modification, or modifying device, apparatus or mechanism found by the department to either:

(1) not reduce the effectiveness of any air contaminant emission control system; or

(2) result in emissions from any such modified or altered vehicle which are at levels that comply with applicable State or Federal standards for that model-year of vehicle being modified or converted.

(c)

(1) It is unlawful for any person to install, sell, offer for s ale, or advertise any new aftermarket catalytic converter intende d for use on a gasoline powered passenger car, light-duty truck, or medium duty vehicle originally certified with a catalytic converter in New York S tate unless it has been exempted pursuant to the requirements of Californi a Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title). As of January 1, 2023 all replacement catalytic converters s old, offered for sale, or installed in New York State shall be either a CARB certified new aftermarket catalytic converter, or an original equipment manufac- turer replacement catalytic converter. After January 1, 2023 it is unlawful to offer for sale, sell or install any federal certified after market catalytic converter in New York State unless the vehicle owner has obta ined a waiver from the department. Federal certified aftermarket c atalytic converters may be shipped to distribution centers, warehou sed, and shipped through New York State without penalty. Federal cer tified aftermarket catalytic converters may be sold out of state without penalty.

(2) It is unlawful for any person to install, sell, offer for s ale or advertise any used, recycled, or salvaged catalytic converter in New York State pursuant to the requirements of California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title).

(3) Installers of new aftermarket catalytic converters shall verify that the vehicle is specifically included in the vehicle applicat ion list for the new aftermarket catalytic converter being installed. This shall be verified by means including, but not limited to, the aftermarket catalytic converter manufacturer's vehicle application guide, the aftermarke t catalytic converter manufacturer's website, contacting the afterma rket catalytic converter manufacturer, other manufacturer's documentat ion distributed to installers, or by contacting the department.

(4) Manufacturers of aftermarket catalytic converters sha ll ensure that the required information is available to installers us ing, but not limited to, the previously mentioned methods.

(5) A new aftermarket catalytic converter shall not be installed if any of the following installation requirements are not met:

1) The vehicle must be beyond its original emissions warranty coverage period a nd a legiti- mate need for replacing the existing catalytic converter must be established and documented on the repair invoice;

2) The new aftermarket catalytic converter shall be installed in the same location as the original equipment manufacturer catalytic converter;

3) The installation shall not alter the location, position, number of catalytic converters, nor the location, position, number or orientation of oxygen sensors, nor disable other e mission control devices.

(6) Installers of new aftermarket catalytic converters shall retain re- cords pertaining to the sale and installation of the afterma rket catalytic converters for a minimum of 4 years from the date of installation. Records shall be kept onsite at the installation location, either ha rdcopy or electronically, and shall be produced upon request from the commis- sioner's designee.

(7) Manufacturers (including manufacturers of cross-mark eted catalytic converters), distributors, wholesalers, and re tailers (including on-line retailers providing products to New York State customers) of new aftermarket catalytic converters delivered or sold in New York State shall provide records pertaining to the delivery and sale of aftermarket catalytic converters in the State upon request from the commissioner's designee.

(8) Manufacturers of aftermarket catalytic converters, in cluding cross-marketed catalytic converters, are required to submit, to the depart- ment, using the same format used to report this information t o CARB as set forth in California Code of Regulations, title 13, secti on 2222 (see Table 1, section 200.9 of this Title), semi-annual warranty information reports of catalytic converters sold in New York

N.Y. Comp. Codes R. & Regs. Tit. 6 § 218-7.2

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

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 3/14/2020