(a) If a HDDV has been repaired after failing to meet the standards set forth in Table 1 of this Subpart as required in section 217-5.3 of this Subpart and the HDDV fails to meet the standards set forth in Table 1 of this Subpart after retesting, a hardship waiver may be granted by NYSDEC if all of the following conditions are met:

1. (1) all components or elements of design including, but not limited to, all emission control apparatus and speed governing devices required to be installed on the vehicle or diesel engine in order for that engine to meet its engine emission certificate of conformance are properly installed. The cost for replacement of missing emission control apparatus or governing devices or warranty repairs does not count towards the hardship waiver cost; and

2. (2) repairs and adjustments have been properly made and documented and the cost equals or exceeds the value contained in Table 3 of this Subpart for the proper GVWR category. The waiver amounts contained in Table 3 of this Subpart may be adjusted by the NYSDEC to account for increases in the Consumer Price Index (CPI). Table 3 Minimum Hardship Waiver Repair Costs by GVWR of HDDV

   Table 3

   Minimum Hardship Waiver Repair Costs by GVWR of HDDV

   Gross vehicle weight rating (GVWR in lbs)	Minimum repair cost for hardship waiver
   8,501 to 18,000	$1,000
   18,001 to 26,000	$2,000
   Over 26,000	$4,000