Auto parts sellers, installers, and manufacturers should be aware that effective June 1, 2013, New York Department of Environmental Conservation (NY DEC) regulations make it “unlawful for any person to install, sell, offer for sale, or advertise any new aftermarket catalytic converter in New York State unless it has been exempted pursuant to the requirements of California Code of Regulations, title 13, section 2222 (see table 1, section 200.9 of this Title).” New York’s new rule continues a trend of states following the high environmental standards set forth by the California Air Resource Board (CARB) and poses an additional challenge for companies that do business involving auto parts in New York. 

As an aid to the public after adopting the California standards, the NY DEC issued a fact sheet that points out: “Use of an EPA-certified new aftermarket catalytic converter is still permitted on federally certified (not CARB or 50 state) and pre-1993 model year vehicles.” 

This acknowledges a market for non-CARB-compliant catalytic converters — but bans the sale of such parts in New York State. 

If you have questions regarding the impact of these impending regulations on your business, or to discuss how the New York State Department of Motor Vehicles may interpret their applicability to your operations, please contact: 

• Andrew J. Scholz (914.798.5442 ; ascholz@goldbergsegalla.com)
• Or another member of Goldberg Segalla’s Environmental Practice Group