N.Y. Comp. Codes R. & Regs. tit. 6, § 248-3.1
(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:
(2) Option 2 - BART evaluation and selection process:
(ii) The specific procedures for evaluating and selecting BART for each applicable HDV are as follows:
(g) The BART regulated entity and contractor:
(j) If an option 1 technology is selected and installed, then the selected technology shall remain in use for the remainder of the vehicle's or engine's useful life, or, in the case of a contractor for the duration of the regulated entity work. If the selected engine or vehicle experiences a failure, then the BART regulated entity or contractor shall select and install for replacement:
(k) If an option 2 technology is selected and installed, then the selected BART product shall remain in use until the end of the vehicle's or engine's useful life, or, in the case of a contractor for the duration of the regulated entity work at a minimum. If the selected and installed BART product experiences a failure, then the BART regulated entity or contractor shall select and install:
(l) For HDVs that meet the applicability requirements of this Part and are subject to the consent decree, those HDVs must: