§ 25-05 Selection Process.
(a) For each type of diesel fuel-powered sight-seeing bus subject to the BART requirement, the owner or operator of such sight-seeing bus must identify, in list form, all types of pollution control technology devices verified for such sight-seeing bus at classification Level IV.
(b) All types of pollution control technology devices identified by the owner or operator of such sight-seeing bus 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 owner or operator of such sight-seeing bus at classification Level IV, or a specific type of pollution control technology, or a particular pollution control technology device, the owner or operator 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 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 the owner or operator 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 owner or operator 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 owner or operator 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 particulate matter and nitrogen oxide. The owner or operator shall select the technology that achieves, at a reasonable cost, the greatest reduction in nitrogen oxide emissions. If there is no such technology that achieves, at a reasonable cost, a reduction in nitrogen oxide emissions, the technology that achieves the greatest particulate matter reduction must be selected.
