104(1) Fuel Strategy Diesel Emission Control Strategy.
(A) If a municipality or utility determines that the highest level diesel
emission control strategy for a small percentage of its fleet would be
a Level 2 fuel -based strategy, and implementation of this diesel
emission control strategy would require installation of a dedicated
storage tank, then the municipality or utility shall request prior
approval from the Executive Officer to allow use of a lower level
diesel emission control strategy; or
(B) If a municipality or utility elects to use a fuel -based diesel emission
control strategy across its fleet, and some vehicles can use a
Level 3 hardware diesel emission control strategy, then the
municipality or utility shall request prior approval from the Executive
Officer to allow use of a lower level diesel emission control strategy.
This provision is only available if a minimum Level 2 diesel emission
control strategy is used.
(2) Diesel Emission Control Strategy Failure or Damage. In the event of a
failure or damage of a diesel emission control strategy, the following
conditions apply:
(A) Failure or Damage During the Warranty Period. If a diesel emission
control strategy fails or is damaged within its warranty period and
the diesel emission control strategy manufacturer or authorized
dealer determines it cannot be repaired, the municipality or utility
shall replace the diesel emission control strategy with either the
same level diesel emission control strategy or another best available
control technology as defined in subsection (b).
(B) Failure or Damage Outside of Warranty Period. If a diesel emission
control strategy fails or is damaged outside of its warranty period,
and it cannot be repaired, the municipality or utility shall apply the
best available control technology at the time of replacement, as
defined in subsection (b).
(3) Discontinuation of Fuel Verified as a Diesel Emission Control Strategy. If
a municipality or utility discontinues use of a fuel verified as a diesel
emission control strategy, the municipality or utility shall apply best
available control technology within 30 days of the date of discontinuation
or submit a compliance plan to the Executive Officer no later than 30 days
after discontinuation that demonstrates how the municipality or utility will
bring the vehicles into compliance within six months of the date of
discontinuation.
(4) Limited Use of Level 1 Diesel Emission Control Strategy. If a Level 1
diesel emission control strategy is identified as the best available control
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