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Subchapter A: General Provisions
Code. "Code" shall mean the Administrative Code of the City of New York.
Commissioner. "Commissioner" shall mean the commissioner of the New York City Department of Environmental Protection or his or her designee.
Nonroad engine. "Nonroad engine" shall mean an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under § 7411 or § 7521 of Title 42 of the United States code, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in any construction program or project.
Nonroad vehicle. "Nonroad vehicle" shall mean a vehicle powered by a nonroad engine, fifty horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, excavators, backhoes, cranes, compressors, generators, bulldozers, and similar equipment, except that this term shall not apply to horticultural maintenance vehicles used for landscaping purposes that are powered by a nonroad engine of sixty-five horsepower or less and that are not used in any construction program or project.
Ultra low sulfur diesel fuel. "Ultra low sulfur diesel fuel" shall mean diesel fuel that has a sulfur content of no more than fifteen parts per million.
Subchapter B: Use of Best Available Technology and Ultra Low Sulfur Diesel Fuel
An engine that has been certified to meet the United States Environmental Protection Agency's ("EPA") Tier IV Exhaust Emission Standards is deemed to be using the Best Available Technology ("BAT"), and does not require additional retrofit technologies. EPA's Tier IV Exhaust Emission Standards are described in Table 1 of the EPA's Clean Air Nonroad Diesel Rule Fact Sheet, EPA420-F-04-032, May 2004, available at http://www.epa.gov/nonroaddiesel/2004fr/420f04032.htm. If an engine has not been certified to meet the Tier IV Exhaust Emission Standards, pursuant to § 24-163.3 of the Administrative Code, the BAT that must be utilized is one of the following, provided, that this technology shall achieve the greatest reduction in emissions of particulate matter and shall in no event result in an increase in the emissions of either particulate matter or nitrogen oxides:
Category I (a) Any properly installed and functioning system utilizing a Diesel Particulate Filter ("DPF") that primarily reduces emissions of particulate matter ("PM"), demonstrating an 85% or greater reduction in PM, and secondarily nitrogen oxide ("NOx") that appears on either the United States Environmental Protection Agency ("EPA") or the California Air Resources Board ("CARB") verified lists at http://www.epa.gov/otaq/retrofit/verif-list.htm and http://www.arb.ca.gov/diesel/verdev/background.htm for onroad or nonroad engines.
Category I (b) Any properly installed DPF from either the EPA or CARB verified lists.
Category I(c) A filter that has undergone the Verminderung der Emissionen Realer Dieselmotoren im Tunnelbau ("VERT") test procedure and appears as approved for continuous use on the VERT list maintained by http://akpf.org/pub/vert__filterliste.pdf or similar test procedures to those conducted by EPA/CARB and has demonstrated an 85% or greater reduction in emissions of PM.
Category II Any properly installed and functioning system utilizing a Flow through Filer ("FTF") that primarily reduces emissions of particulate matter ("PM") and secondarily nitrogen oxide ("NOx") that appears on either the verified lists for onroad or nonroad engines or any properly installed FTF on the verified list and that produces the greater PM reduction but not less than a 50% reduction in PM.
Category III Any properly installed and functioning system utilizing a Diesel Oxidation Catalyst ("DOC") or any emulsified diesel fuel that appears on either the EPA or CARB verified lists for onroad or nonroad engines that produces not less than a 25% reduction in FM. Fuel technologies must be compatible with the use of ultra low sulfur diesel fuel.
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