[Retrofit Technology in Heavy Duty Trade Waste Hauling Vehicles]

RCNY tit. 15, ch. 51

in effect

15 RCNY § 51-01 Definitions.

§ 51-01 Definitions. "Best Available Retrofit Technology" or "BART" means technology verified by the United States Environmental Protection Agency ("EPA") or the California Air Resources Board ("CARB") for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to a particular engine and application that has been approved for use by the commissioner or is installed with an EPA certified engine year 2007 or later. "Commissioner" means the Commissioner of the New York City Department of Environmental Protection or his or her designee. "Heavy duty trade waste hauling vehicle" means any diesel-fuel powered vehicle with a gross weight of over sixteen thousand pounds that is owned or operated by an entity that is required to be licensed or registered by the New York City Business Integrity Commission pursuant to § 16-505 of the Administrative Code and that is operated in New York City for collection and/or removal of trade waste. "Trade Waste" shall have the same meaning as set forth in Subdivision f of § 16-501 of the Administrative Code. (Added City Record 7/10/2018, eff. 8/9/2018)

15 RCNY § 51-02 Best Available Retrofit Technology in Heavy Duty Trade Waste Hauling Vehicles.

§ 51-02 Best Available Retrofit Technology in Heavy Duty Trade Waste Hauling Vehicles. Pursuant to § 24-163.11 of the Administrative Code, any heavy duty trade waste hauling vehicle shall use the BART as defined in 15 RCNY § 51-01. Owners and operators of these vehicles shall consult the EPA and CARB verified lists at https://www.epa.gov/verified-diesel-tech/verified-technologies-list-clean-diesel and https://www.arb.ca.gov/diesel/verdev/vt/cvt.htm. (Added City Record 7/10/2018, eff. 8/9/2018)

15 RCNY § 51-03 Classification Level to Select Best Available Retrofit Technology.

§ 51-03 Classification Level to Select Best Available Retrofit Technology. Level I The BART selected to comply with 15 RCNY § 51-02 must meet the classification level specified in this section. Any Diesel Particulate Filter (DPF) or other technology verified for a specific engine type from either EPA or CARB verified lists that reduces particulate matter emissions by 85 percent or more, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour or applicable 2007 EPA standard for particulate matter as set forth in Section 86.007-11 of Title 40 of the United States Code of Federal Regulations or to any subsequent EPA standard for such pollutant that is at least as stringent shall be deemed to be in compliance with this regulation. (Added City Record 7/10/2018, eff. 8/9/2018)

15 RCNY § 51-04 Record Submittal Documentation.

§ 51-04 Record Submittal Documentation. Any heavy duty trade waste hauling vehicle that meets the definition set forth in 15 RCNY § 51-01 shall utilize BART and the vehicle owner or operator must identify in list form and submit to the department all types of pollution control technology devices utilized for such vehicle as set forth in 15 RCNY § 51-03. In order to meet this certification requirement, evaluation documents from the vendor/installer including a data logging record must be submitted to the department by the owner and operator of these vehicles. (Added City Record 7/10/2018, eff. 8/9/2018)

15 RCNY § 51-05 Variance Procedure.

§ 51-05 Variance Procedure. (a) An owner or operator of a heavy duty trade waste hauling vehicle that meets the definition set forth in 15 RCNY § 51-01 may apply to the Commissioner no later than June 1, 2019 for a variance pursuant to § 24-110 of the Administrative Code if upon evaluation by the Department, there is a lack of feasibility or unavailability finding for either spatial constraints or safety concerns. Nothing in this section shall preclude the Business Integrity Commission from issuing a financial hardship waiver, pursuant to § 24-163.11(c) of the Administrative Code. (Added City Record 7/10/2018, eff. 8/9/2018)

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/0-0-0-108394Fetched: 10/24/2026