§ 26-06 Best Available Retrofit Technology Selection Applicability.

No person fulfilling a school bus contract shall be required to replace a selected BART within three years of having first utilized such technology. Furthermore, no person fulfilling a school bus contract shall be required to replace Level IV technology until it has reached the end of its useful life.

§ 26-07 Use of Ultra Low Sulfur Diesel Fuel.

All diesel fuel-powered school buses used to transport children to or from any school located in the City of New York must be powered by ultra low sulfur diesel fuel unless the Commissioner has issued a waiver pursuant to subdivision (g) of § 24-163.7 of the Code.

Subchapter C: Waiver Procedures

§ 26-08 Waiver for the Use of BART Based on Written Finding of Unavailability by Department of Education.

   (a)   If the BART required for a school bus in unavailable, a person fulfilling a school bus contract may apply for a waiver for the use of BART. Such application must be based on a Written Finding of Unavailability by the Department of Education indicating that the BART for the subject school bus is unavailable for purchase. Such application shall also contain the following:

      (1)   The name of the person fulfilling the school bus contract who is 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 school bus that is the subject of the Written Finding of Unavailability;

      (4)   Identification of the required BART;

      (5)   An explanation as to why the required BART is unavailable. Such explanation must include all documentation generated in the BART 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 BART.

      (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
      or by email to [e-mail]

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

   (d)   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.

   (e)   Contractors shall maintain records that include the installation date of the BART as well as the engine model year and engine manufacturer.

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