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Any diesel fuel-powered motor vehicle having a gross vehicle weight rating of more than 8,500 pounds that is owned or operated by a City agency and that is equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, shall not be required to utilize the BART as defined in 15 RCNY § 15-01.
Level IV Any Diesel Particulate Filter (DPF) or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Level III Any DPF or Diesel Oxidation Catalyst (DOC) or Catalyzed Wire Mesh Filter (CWMF) or other technology or combination of technologies verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 50 and 84 percent.
Level II Any DOC or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 25 and 49 percent.
Level I Any DOC or emulsified diesel fuel or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 20 and 24 percent.
(a) For each type of motor vehicle subject to the BART requirement, the City agency operating such vehicle must identify, in list form, all types of pollution control technology devices verified for such motor vehicle at classification Level IV.
(b) All types of pollution control technology devices identified by the City agency as classification Level IV devices that are not technologically feasible for use with respect to the particular vehicle, engine or application are to be eliminated from such list. To eliminate all types of pollution control technology devices identified by the agency at classification Level IV, or a specific type of pollution control technology, or a particular pollution control technology device, the agency must demonstrate to the satisfaction of the Commissioner that operational constraints or physical, chemical or engineering principles preclude the successful and effective use of the motor vehicle when used with such types of technology devices, or type of technology, or particular pollution control technology device.
(c) If, after the elimination process, no pollution control technology devices remain in classification Level IV from which the City agency can select a BART, the same identification and elimination process must be done for classification Level III. If after the elimination process, no pollution control technology devices remain in classification Level III from which the City agency can select a BART, the same identification and elimination process must be done for classification Level II. If after the elimination process, no pollution control technology devices remain in classification Level II from which the City agency can select a BART, the same identification and elimination process must be done for classification Level I.
(d) Once a level is selected as provided for in subdivisions (a), (b), and (c) of this section, an economic impact analysis is to be performed on the remaining technologies where the technology reduces both PM and nitrogen oxide (NOx). The agency shall select the technology achieving, at a reasonable cost, the greatest reduction in NOx emissions.
(e) The Commissioner may determine, upon application by a City agency, that a technology, whether or not it has been verified by the United States environmental protection agency or the California air resources board, may be appropriate to test, on an experimental basis, on a particular type of diesel fuel-powered motor vehicle owned or operated by a City agency. The Commissioner may authorize such technology to be installed on up to five percent or twenty-five of such type of motor vehicle, whichever is less.
No City agency shall be required to replace a selected BART or an experimental technology within three years of having first utilized such technology. Furthermore, no City agency shall be required to replace Level IV technology until it has reached the end of its useful life.
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