§ 26-05 Selection Process.
RCNY § 26-05
(a)For each type of school bus subject to the BART requirement, the person fulfilling a school bus contract must identify, in list form, all types of pollution control technology devices verified for such type of school bus at classification Level IV.
(b)All types of pollution control technology devices identified by such person 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. The engine model year should be considered for BART selection among different DPFs as an active filter is necessary for pre-1994 engine model years. To eliminate all types of pollution control technology devices identified by such person at classification Level IV, or a specific type of pollution control technology, or a particular pollution control technology device, such person 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 school 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 such person 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 such person 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 such person 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). Such person shall select the technology achieving, at a reasonable cost, the greatest reduction in NOx emissions. If the NOx emission does not meet the reasonable cost test, the technology that achieves the greatest PM reduction from the other remaining technologies must be selected.
