§ 14-02 Best Available Technology Determination.
RCNY § 14-02
An engine that has been certified to meet the United States Environmental Protection Agency's ("EPA") Tier IV Exhaust Emission Standards is deemed to be using the Best Available Technology ("BAT"), and does not require additional retrofit technologies. EPA's Tier IV Exhaust Emission Standards are described in Table 1 of the EPA's Clean Air Nonroad Diesel Rule Fact Sheet, EPA420-F-04-032, May 2004, available at http://www.epa.gov/nonroaddiesel/2004fr/420f04032.htm. If an engine has not been certified to meet the Tier IV Exhaust Emission Standards, pursuant to § 24-163.3 of the Administrative Code, the BAT that must be utilized is one of the following, provided, that this technology shall achieve the greatest reduction in emissions of particulate matter and shall in no event result in an increase in the emissions of either particulate matter or nitrogen oxides: Category I (a) Any properly installed and functioning system utilizing a Diesel Particulate Filter ("DPF") that primarily reduces emissions of particulate matter ("PM"), demonstrating an 85% or greater reduction in PM, and secondarily nitrogen oxide ("NOx") that appears on either the United States Environmental Protection Agency ("EPA") or the California Air Resources Board ("CARB") verified lists at http://www.epa.gov/otaq/retrofit/verif-list.htm and http://www.arb.ca.gov/diesel/verdev/background.htm for onroad or nonroad engines. Category I (b) Any properly installed DPF from either the EPA or CARB verified lists. Category I(c) A filter that has undergone the Verminderung der Emissionen Realer Dieselmotoren im Tunnelbau ("VERT") test procedure and appears as approved for continuous use on the VERT list maintained by http://akpf.org/pub/vert__filterliste.pdf or similar test procedures to those conducted by EPA/CARB and has demonstrated an 85% or greater reduction in emissions of PM. Category II Any properly installed and functioning system utilizing a Flow through Filer ("FTF") that primarily reduces emissions of particulate matter ("PM") and secondarily nitrogen oxide ("NOx") that appears on either the verified lists for onroad or nonroad engines or any properly installed FTF on the verified list and that produces the greater PM reduction but not less than a 50% reduction in PM. Category III Any properly installed and functioning system utilizing a Diesel Oxidation Catalyst ("DOC") or any emulsified diesel fuel that appears on either the EPA or CARB verified lists for onroad or nonroad engines that produces not less than a 25% reduction in FM. Fuel technologies must be compatible with the use of ultra low sulfur diesel fuel.
