Common use of Best Available Technology Clause in Contracts

Best Available Technology. 37.4.3.1. All Contractors shall utilize the best available technology for reducing the emission of pollutants for diesel-powered Non-road Vehicles in the performance of this Contract. For determinations of best available technology for each type of diesel- powered Non-road Vehicle, Contractors shall comply with the regulations of the City’s Department of Environmental Protection, as and when adopted, Chapter 14 of Title 15 of the Rules of the City of New York (RCNY). The Contractor shall fully document all steps in the best available technology selection process and shall furnish such documentation to the Agency or the DEP Commissioner upon request. The Contractor shall retain all documentation generated in the best available technology selection process for as long as the selected best available technology is in use. 37.4.3.2. No Contractor shall be required to replace best available technology for reducing the emission of pollutants or other authorized technology utilized for a diesel- powered Non-road Vehicle in accordance with the provisions of this Article 37.4.3 within three (3) years of having first utilized such technology for such vehicle. 37.4.3.3. This Article 37.4.3 shall not apply to any vehicle used to satisfy the requirements of a specific Public Works Contract for fewer than twenty (20) Days. 37.4.3.4. The Contractor shall not be required to comply with this Article 37.4.3 with respect to a diesel-powered Non-road Vehicle under the following circumstances: 37.4.3.4.1. Where the Agency makes a written finding, which is approved, in writing, by the DEP Commissioner, that the best available technology for reducing the emission of pollutants as required by this Article 37.4.3 is unavailable for such vehicle, the Contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle. 37.4.3.4.2. Where the DEP Commissioner has issued a written waiver based upon the Contractor having demonstrated to the DEP Commissioner that the use of the best available technology for reducing the emission of pollutants might endanger the operator of such vehicle or those working near such vehicle, due to engine malfunction, the Contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle, which would not endanger the operator of such vehicle or those working near such vehicle. 37.4.3.4.3. In determining which technology to use for the purposes of Articles 37.4.3.4.1 and 37.4.3.4.2 above, the Contractor shall primarily consider the reduction in emissions of particulate matter and secondarily consider the reduction in emissions of nitrogen oxides associated with the use of such technology, which shall in no event result in an increase in the emissions of either such pollutant. 37.4.3.4.4. The Contractor shall submit requests for a finding or a waiver pursuant to this Article 37.4.3.4 in writing to the DEP Commissioner, with a copy to the ACCO of the NYCDOT. Any finding or waiver made or issued pursuant to Articles 4.3.1 shall be in full force and effect unless the Agency renews the finding, in writing, and the DEP Commissioner approves such finding, in writing, or the DEP Commissioner xxxxxx the waiver, in writing.

Best Available Technology. 37.4.3.139.4.3.1. All Contractors shall utilize the best available technology for reducing the emission of pollutants for diesel-powered Non-road Nonroad Vehicles in the performance of this Contract. For determinations of best available technology for each type of diesel- powered Non-road Nonroad Vehicle, Contractors shall comply with the regulations of the City’s Department of Environmental Protection, as and when adopted, RCNY, Chapter 14 of Title 15 of the Rules of the City of New York (RCNY)15. The Contractor shall fully document all steps in the best available technology selection process and shall furnish such documentation to the Agency or the DEP Commissioner upon request. The Contractor shall retain all documentation generated in the best available technology selection process for as long as the selected best available technology is in use. 37.4.3.239.4.3.2. No Contractor shall be required to replace best available technology for reducing the emission of pollutants or other authorized technology utilized for a diesel- powered Non-road Nonroad Vehicle in accordance with the provisions of this Article 37.4.3 39.4.3 within three (3) years of having first utilized such technology for such vehicle. 37.4.3.339.4.3.3. This Article 37.4.3 39.4.3 shall not apply to any vehicle used to satisfy the requirements of a specific Public Works Contract for fewer than twenty (20) Days. 37.4.3.4. 39.4.3.4. The Contractor shall not be required to comply with this Article 37.4.3 39.4.3 with respect to a diesel-powered Non-road Nonroad Vehicle under the following circumstances: 37.4.3.4.139.4.3.4.1. Where the Agency agency makes a written finding, which is approved, in writing, by the DEP Commissioner, that the best available technology for reducing the emission of pollutants as required by this Article 37.4.3 those paragraphs is unavailable for such vehicle, the Contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle. 37.4.3.4.239.4.3.4.2. Where the DEP Commissioner has issued a written waiver based upon the Contractor having demonstrated to the DEP Commissioner that the use of the best available technology for reducing the emission of pollutants might endanger the operator of such vehicle or those working near such vehicle, due to engine malfunction, the Contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle, which would not endanger the operator of such vehicle or those working near such vehicle. 37.4.3.4.339.4.3.4.3. In determining which technology to use for the purposes of Articles 37.4.3.4.1 39.4.3.4.1 and 37.4.3.4.2 39.4.3.4.2 above, the Contractor shall primarily consider the reduction in emissions of particulate matter and secondarily consider the reduction in emissions of nitrogen oxides associated with the use of such technology, which shall in no event result in an increase in the emissions of either such pollutant. 37.4.3.4.439.4.3.4.4. The Contractor Contractors shall submit requests for a finding or a waiver pursuant to this Article 37.4.3.4 39.4.3.4 in writing to the DEP Commissioner, with a copy to the ACCO of the NYCDOTACCO. Any finding or waiver made or issued pursuant to ArticlesArticles 39.4.3.4.1 and 39.4.3.4.2 above shall expire after one hundred eighty (180) Days, at which time the requirements of 39. 4.3.1 shall be in full force and effect unless the Agency renews the finding, in writing, and the DEP Commissioner approves such finding, in writing, or the DEP Commissioner xxxxxx renews the waiver, in writing.

Best Available Technology. 37.4.3.139.4.3.1. All Contractors shall utilize the best available technology for reducing the emission of pollutants for diesel-powered Non-road Nonroad Vehicles in the performance of this Contract. For determinations of best available technology for each type of diesel- powered Non-road Nonroad Vehicle, Contractors shall comply with the regulations of the City’s Department of Environmental Protection, as and when adopted, RCNY, Chapter 14 of Title 15 of the Rules of the City of New York (RCNY)15. The Contractor shall fully document all steps in the best available technology selection process and shall furnish such documentation to the Agency or the DEP Commissioner upon request. The Contractor shall retain all documentation generated in the best available technology selection process for as long as the selected best available technology is in use. 37.4.3.239.4.3.2. No Contractor shall be required to replace best available technology for reducing the emission of pollutants or other authorized technology utilized for a diesel- powered Non-road Nonroad Vehicle in accordance with the provisions of this Article 37.4.3 39.4.3 within three (3) years of having first utilized such technology for such vehicle. 37.4.3.339.4.3.3. This Article 37.4.3 39.4.3 shall not apply to any vehicle used to satisfy the requirements of a specific Public Works Contract for fewer than twenty (20) Days. 37.4.3.4. 39.4.3.4. The Contractor shall not be required to comply with this Article 37.4.3 39.4.3 with respect to a diesel-powered Non-road Nonroad Vehicle under the following circumstances: 37.4.3.4.139.4.3.4.1. Where the Agency agency makes a written finding, which is approved, in writing, by the DEP Commissioner, that the best available technology for reducing the emission of pollutants as required by this Article 37.4.3 those paragraphs is unavailable for such vehicle, the Contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle. 37.4.3.4.239.4.3.4.2. Where the DEP Commissioner has issued a written waiver based upon the Contractor having demonstrated to the DEP Commissioner that the use of the best available technology for reducing the emission of pollutants might endanger the operator of such vehicle or those working near such vehicle, due to engine malfunction, the Contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle, which would not endanger the operator of such vehicle or those working near such vehicle. 37.4.3.4.339.4.3.4.3. In determining which technology to use for the purposes of Articles 37.4.3.4.1 39.4.3.4.1 and 37.4.3.4.2 39.4.3.4.2 above, the Contractor shall primarily consider the reduction in emissions of particulate matter and secondarily consider the reduction in emissions of nitrogen oxides associated with the use of such technology, which shall in no event result in an increase in the emissions of either such pollutant. 37.4.3.4.439.4.3.4.4. The Contractor Contractors shall submit requests for a finding or a waiver pursuant to this Article 37.4.3.4 39.4.3.4 in writing to the DEP Commissioner, with a copy to the ACCO of the NYCDOTACCO. Any finding or waiver made or issued pursuant to ArticlesArticles 39.4.3.4.1 and 39.4.3.4.2 above shall expire after one hundred eighty (180) Days, at which time the requirements of 39. 4.3.1 shall be in full force and effect unless the Agency renews the finding, in writing, and the DEP Commissioner approves such finding, in writing, or the DEP Commissioner xxxxxx renews the waiver, in writing. 39.4.3.5. The requirements of this Article 39.4.3 do not apply where they are precluded by federal or State funding requirements or where the contract is an emergency procurement.