§ 14-03 Method of Best Available Technology Selection.
RCNY § 14-03
(a)Any contractor or agency operating a type of nonroad vehicle must select the appropriate BAT for use with such type of nonroad vehicle. For each type of nonroad vehicle subject to the BAT requirement, the contractor or agency operating such type of vehicle must identify, in list form, all types of pollution control technology devices that qualify as BAT in Category I for such nonroad vehicle.
(b)All types of pollution control technology devices identified by the contractor or agency as Category I (a) BAT that are not technologically feasible for use with the subject type of nonroad vehicle are to be eliminated from the list of Category I (a) BAT. To eliminate a specific type of pollution control technology or individual device, the contractor or agency must demonstrate to the satisfaction of the Commissioner and document that operational constraints or physical, chemical or engineering principles preclude the successful and effective use of the nonroad vehicle when used with the specific pollution control technologies of that type. The contractor or agency shall then consider DPFs that satisfy the requirements set forth in Category I(b). If use of a Category I(b) DPF is technologically feasible, the contractor or agency must notify the Commissioner of the selection and the installation schedule. If none are technologically feasible, the contractor or agency shall select the technology devices set forth in Category I(c).
(c)If, after the elimination process, no technologies remain in Category I (a), (b), or (c) from which the contractor or agency can select a BAT, the contractor or agency shall apply for Approval of a Written Finding of Unavailability. Upon approval by the DEP, the same identification and elimination process shall be done for Category II. If, after the elimination process, no technologies remain in Category II from which the contractor or agency can select a BAT, the same identification and elimination process shall be done for Category III. If, after the elimination process, no technologies remain in Category III from which the contractor or agency can select a BAT, the contractor or agency operating the subject nonroad vehicle shall apply for an Approval of a Written Finding of Unavailability or a Safety Waiver.
(d)Once a category is selected as provided for in (c) above, an economic impact analysis is to be performed on the remaining technologies if the technology reduces both PM and NOx. If the cost of the technology that provides NOx control is equal to or greater than thirty percent more than that of the technology without NOx control, then the technology without NOx control shall be selected. For the purpose of this paragraph, the criteria that shall be considered is the cost of the strategies, themselves and the cost of installation.
(e)For newly purchased vehicles, BAT may be Original Equipment Manufacturer ("OEM") installed control technology, provided that the technology is selected in a manner such that it provides the greatest reduction in particulate matter above the PM standard that the EPA has certified without increasing NOx and that reduction is verified by the manufacturer. The BAT need not be on EPA or CARB verified retrofit lists.
(f)The contractor or agency must use the pollution control technology identified as BAT by the process set forth in this subchapter.
(g)Prior to the installation of the selected technology, the contractor or agency shall notify the DEP of the BAT selection and contact the DEP when the DPF or other BAT is installed pursuant to this chapter and § 24-163.3 of the Administrative Code. The contractor or agency shall make arrangements to have the unit inspected and registered and the DEP shall label the vehicle as compliant. The contractor shall retain all documentation generated in the BAT selection process for as long as the selected BAT is in use. A contractor's failure to fully document the selection process or to provide such documentation shall be considered a violation of subdivision e of § 24-163.3 and is subject to applicable penalties.
