§ 15-05 Selection Process.
RCNY § 15-05
(a)For each type of motor vehicle subject to the BART requirement, the City agency operating such vehicle must identify, in list form, all types of pollution control technology devices verified for such motor vehicle at classification Level IV.
(b)All types of pollution control technology devices identified by the City agency 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 agency at classification Level IV, or a specific type of pollution control technology, or a particular pollution control technology device, the agency 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 motor vehicle 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 City agency 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 City agency 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 City agency 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 PM and nitrogen oxide (NOx). The agency shall select the technology achieving, at a reasonable cost, the greatest reduction in NOx emissions.
(e)The Commissioner may determine, upon application by a City agency, that a technology, whether or not it has been verified by the United States environmental protection agency or the California air resources board, may be appropriate to test, on an experimental basis, on a particular type of diesel fuel-powered motor vehicle owned or operated by a City agency. The Commissioner may authorize such technology to be installed on up to five percent or twenty-five of such type of motor vehicle, whichever is less.
