§ 14-06 Public Works Contracts.

Any contractor acting pursuant to a public works contract that is subject to the provisions of paragraph four of subdivision f of § 24-163.3, but not paragraph one or three of such subdivision, shall comply with this subchapter and Subchapters A and C of this chapter as of June 19, 2005.

Subchapter C: Waiver Procedures

§ 14-07 Application for Approval of a Written Finding of Unavailability.

   (a)   If the BAT required for any nonroad vehicle is unavailable, an agency may submit a Written Finding of Unavailability for the Commissioner's approval. Any application for approval of a Written Finding of Unavailability for the applicable BAT must contain the following information:

      (1)   The name of the agency applying for approval of the Written Finding of Unavailability;

      (2)   The name and identification number of the subject contract, if applicable;

      (3)   Identification of the specific nonroad vehicle that is the subject of the Written Finding of Unavailability;

      (4)   Identification of the required BAT;

      (5)   An explanation as to why the applicable BAT is unavailable. Such explanation must include all documentation generated in the BAT selection process described in this chapter;

      (6)   Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on the EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BAT.

      (7)   The name and contact number of the applicant.

   (b)   Applications should be sent to:

      Director of the Division of Air and Noise Programs, Enforcement and Policy
      Bureau of Environmental Compliance
      New York City Department of Environmental Protection
      59-17 Junction Blvd.
      Flushing, NY 11373

   (c)   The Department will make a determination whether to approve the Written Finding of Unavailability no later than thirty days after receipt of the Written Finding.

   (d)   Approvals shall expire 180 days after issuance, unless the agency renews the Written Finding and the Commissioner approves such Finding, in accordance with the procedures set forth in subdivisions (a), (b) and (c) of this section. Any such application for renewal shall be submitted no later than thirty days prior to the expiration date of the approval.