§ 27-05 Selection Process.
(a) For each solid waste or recyclable materials contract that specifies that all diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of such contract that operate primarily within the city of New York shall utilize BART, the contractor operating such vehicle must identify, in list form, all types of pollution control technology devices verified for such vehicle at classification Level 4.
(b) All types of pollution control technology devices identified by the contractor as classification Level 4 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 contractor at classification Level 4, or a specific type of pollution control technology, or a particular pollution control technology device, the contractor 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 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 4 from which the contractor can select a BART, the same identification and elimination process must be done for classification Level 3. If, after the elimination process, no pollution control technology devices remain in classification Level 3 from which the contractor can select a BART, the same identification and elimination process must be done for classification Level 2. If, after the elimination process, no pollution control technology devices remain in classification Level 2 from which the contractor can select a BART, the same identification and elimination process must be done for classification Level 1.
(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 contractor 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.
