Use of Best Available Retrofit Technology and Ultra Low Sulfur Diesel Fuel

RCNY tit. 15, ch. 15, subch. B

in effect

15 RCNY § 15-02 Best Available Retrofit Technology Determination.

§ 15-02 Best Available Retrofit Technology Determination. Pursuant to § 24-163.4 of the Code, any diesel fuel-powered motor vehicle having a gross vehicle weight rating of more than 8,500 pounds that is owned or operated by a City agency must utilize the Best Available Retrofit Technology ("BART"), as defined in 15 RCNY § 15-01. In making their selections, agencies are directed to consult the EPA and CARB verified lists at http://www.epa.gov/ otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/back-ground.htm. City agencies must select BART for their diesel fuel-powered motor vehicles in accordance with 15 RCNY § 15-05. City agencies must notify the Department of their selections, and the Department will make a determination as to whether the BART selected may be utilized for the vehicle, engine and application for which it was selected. The Department will notify the selecting agency of its determination. City agencies are not required to select BART for their diesel fuel-powered motor vehicles in the following circumstances: (1) If a vehicle will be retired within the next 12 months, the vehicle does not have to be retrofitted if vehicle usage is limited to 2,000 miles; if the agency does not limit such usage to 2,000 miles, a DOC must be installed; and (2) If a vehicle will be retired within the next 36 months, the vehicle must have a DOC installed, and vehicle usage must be limited to yearly mileage of 3,000 miles or 30% of the mileage averaged over the last three years, whichever is less. Agencies that are retiring their vehicles pursuant to this section must provide the odometer or hour-meter reading and date it was taken to the Department and must maintain a mileage log for the vehicle(s).

15 RCNY § 15-03 Motor Vehicles That Are Not Subject to BART.

§ 15-03 Motor Vehicles That Are Not Subject to BART. Any diesel fuel-powered motor vehicle having a gross vehicle weight rating of more than 8,500 pounds that is owned or operated by a City agency and that is equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, shall not be required to utilize the BART as defined in 15 RCNY § 15-01.

15 RCNY § 15-04 Classification Levels.

§ 15-04 Classification Levels. Level IV Any Diesel Particulate Filter (DPF) or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour. Level III Any DPF or Diesel Oxidation Catalyst (DOC) or Catalyzed Wire Mesh Filter (CWMF) or other technology or combination of technologies verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 50 and 84 percent. Level II Any DOC or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 25 and 49 percent. Level I Any DOC or emulsified diesel fuel or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 20 and 24 percent.

15 RCNY § 15-05 Selection Process.

§ 15-05 Selection Process. (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.

15 RCNY § 15-06 Best Available Retrofit Technology Selection Applicability.

§ 15-06 Best Available Retrofit Technology Selection Applicability. No City agency shall be required to replace a selected BART or an experimental technology within three years of having first utilized such technology. Furthermore, no City agency shall be required to replace Level IV technology until it has reached the end of its useful life.

15 RCNY § 15-07 Use of Ultra Low Sulfur Diesel Fuel.

§ 15-07 Use of Ultra Low Sulfur Diesel Fuel. All motor vehicles owned or operated by a City agency must be powered by ultra low sulfur diesel fuel unless the Commissioner has issued a written determination pursuant to subdivision (e) of § 24-163.4 of the Code, or a waiver pursuant to subdivision (f) of § 24-163.4 of the Code.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-25540Fetched: 10/24/2026