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Subchapter A: General Provisions
Best available retrofit technology (BART). "Best available retrofit technology" (BART) shall mean a technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in 15 RCNY § 25-04, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
Commissioner. "Commissioner" shall mean the Commissioner of the New York City Department of Environmental Protection or her designee.
Person. "Person" shall mean any natural person, partnership, firm, company, association, joint stock association, corporation or other legal entity.
Reasonable cost. "Reasonable cost" shall mean that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in 15 RCNY § 25-04, when considering the cost of the strategies, themselves, and the cost of installation.
Sight-seeing bus. "Sight-seeing bus" shall mean a motor vehicle designed to comfortably seat and carry eight or more passengers operating for hire from a fixed point in the city of New York to a place or places of interest or amusements, and shall also include a vehicle, designed as aforesaid which by oral or written contract is let and hired or otherwise engaged for its exclusive use for a specific or special trip or excursion from a starting point within the city of New York.
Subchapter B: Use of Best Available Retrofit Technology
Pursuant to § 24-163.6 of the Code, any diesel fuel-powered sight-seeing bus licensed by the department of consumer affairs and equipped with an engine that is over three years old shall utilize the Best Available Retrofit Technology, as defined in 15 RCNY § 25-01. In making their selections, owners or operators of such buses are directed to consult the EPA and CARB verified lists at http://www.epa.gov/otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/background.htm.
Any diesel fuel-powered sight-seeing bus 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 § 25-01.
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