Fuel Requirements for Heavy Duty Trade Waste Hauling Vehicles

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, August 9, 2018

Statement of Basis and Purpose of Rule

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The rule adds a new Chapter 51 to Title 15 of the Rules of the City of New York.

DEP received written comments from one individual and two comments during the public hearing concerning issues with installing BART where some but not all engines in an engine family are verified on the EPA and CARB websites. DEP has a variance procedure in place to address such situations.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 51.