New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-3 - COMPLIANCE REQUIREMENTS › Section 248-3.1 - Compliance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Vehicles with an engine certified to the applicable 2007 EPA standard for
					 particulate matter (0.01 g/bhp-hr) as set forth in section 86.007 -11 of title
					 40 of the Code of Federal Regulations or to the applicable 2007 CARB standard
					 for particulate matter shall be deemed to be in compliance with this Part (see
					 Table 1, section
					 200.9  of this
					 Title).
(b) Heavy duty vehicles
					 retrofitted with a EPA or CARB verified or an approved diesel retrofit
					 technology device prior to February 12, 2007 shall be deemed to be in
					 compliance with this Part provided the device is maintained throughout the
					 HDV's useful life.
(c) Approved
					 bi-fuel vehicles shall be deemed to be in compliance with this Part.
(d) All covered vehicles owned by, operated
					 by or on behalf of, or leased by a regulated entity or contractor shall be
					 powered by ULSD fuel. The regulated entity or contractor may apply for a waiver
					 from this requirement per the waiver application process specified in section
					 248-4.1(a) 
					 of this Part if the commissioner makes a written finding that a sufficient
					 quantity of ULSD is not available to meet the requirements of this
					 Part.
(e) As of December 31, 2019,
					 all diesel powered heavy duty vehicles owned by, operated by or on behalf of,
					 or leased by each BART regulated entity or which are owned by, operated by or
					 leased by a contractor and used to provide labor, services, materials and/or
					 equipment on behalf of a BART regulated entity to perform regulated entity work
					 shall utilize and maintain BART.
(f) In order to comply with the requirements
					 of subdivision (e) of this section, the BART regulated entity or contractor
					 shall first perform a HDV inventory according to a department prescribed
					 format. The BART regulated entity or contractor shall then select one of the
					 following three options for each of its inventoried HDVs:
(1) Option 1 - replacement or retirement:
(i) replacement/re-power with an engine
					 certified to the applicable 2007 EPA standard for particulate matter (0.01
					 g/bhp-hr) as set forth in section 86.007 - 11 of title 40 of the Code of
					 Federal Regulations (see Table 1, section
					 200.9  of this
					 Title) or to any subsequent USEPA standard for such pollutant that is at least
					 as stringent; or
(ii) replacement
					 with an alternative fuel engine or vehicle which does not operate on diesel
					 fuel; model year 2004 - 2006 alternative fuel engines must be certified to the
					 optional, reduced emission standards as specified in title 13, California Code
					 of Regulations, section 1956.8(a)(2)(A) (see Table 1, section
					 200.9  of this
					 Title); or
(iii) retirement of the
					 vehicle or removal of the vehicle's engine.