§ 25-04 Classification Levels.

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.

§ 25-05 Selection Process.

   (a)   For each type of diesel fuel-powered sight-seeing bus subject to the BART requirement, the owner or operator of such sight-seeing bus must identify, in list form, all types of pollution control technology devices verified for such sight-seeing bus at classification Level IV.

   (b)   All types of pollution control technology devices identified by the owner or operator of such sight-seeing bus 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 owner or operator of such sight-seeing bus at classification Level IV, or a specific type of pollution control technology, or a particular pollution control technology device, the owner or operator 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 bus 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 owner or operator 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 owner or operator 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 owner or operator 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 particulate matter and nitrogen oxide. The owner or operator shall select the technology that achieves, at a reasonable cost, the greatest reduction in nitrogen oxide emissions. If there is no such technology that achieves, at a reasonable cost, a reduction in nitrogen oxide emissions, the technology that achieves the greatest particulate matter reduction must be selected.

§ 25-06 Best Available Retrofit Technology Selection Applicability.

No owner or operator of a sight-seeing bus subject to this chapter shall be required to replace a selected BART or other authorized technology within three years of having first utilized such technology. Furthermore, no owner or operator of such bus shall be required to replace Level IV technology until it has reached the end of its useful life.

Subchapter C: Waiver Procedure

§ 25-07 Application for Waiver and Approval of a Written Finding of Unavailability.

   (a)   An application for a waiver for the use of the required BART shall contain the following information:

      (1)   Identification of the required BART;

      (2)   An explanation as to why the applicable BART is unavailable. Such explanation must include all documentation generated in the BART selection process described in 15 RCNY § 25-05;

      (3)   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 BART.

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

   (b)   The application shall be submitted 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
      or by email to [e-mail]

   (c)   The Department shall submit such application to the Department of Consumer Affairs with a request for a Written Finding of Unavailability from the Commissioner of Consumer Affairs.

   (d)   The Department of Consumer Affairs will make a written finding regarding such request within thirty days of receipt of the Department of Environmental Protection's request for a Written Finding of Unavailability.

   (e)   The Department's decision whether to grant the waiver for the use of BART shall be subject to a Written Finding of Unavailability by the Department of Consumer Affairs.

   (f)   Waivers are effective for three years. Any application for renewal shall be submitted no later than thirty days prior to the expiration date of the waiver.

(Amended City Record 3/15/2017, eff. 4/14/2017)