In July 2009, the NYS Department of Environmental Conservation (DEC) issued regulations implementing the NYS Diesel Emissions Reduction Act to improve air quality by reducing emissions from regulated diesel vehicles. These regulations specifically apply to NYS agencies, including SUNY Buffalo State, and its prime contractors, that perform work or provide services on behalf of the agency.
More specifically, the Part 248 regulation requires NYS agencies and its prime contractors to take additional measures to reduce particulate and NOx emissions exhausted from certain "heavy duty" diesel-fueled vehicles over 8500 gvwr (on road or offroad) or greater than or equal to 50 hp (off-road). The compliance requirements include options to modify the engine/exhaust system, retire the vehicle, replace the vehicle with a newer model engine compliant with EPA's 2007 emission standards, or obtain a waiver from NYS DEC if no retrofit technology is available.
All non-exempt diesel engine vehicles used by the college or owned and used by prime contractors in executing services for the college must comply with one of the above options. Some examples of vehicles potentially regulated by this new rule include certain diesel engine trucks, such as dump trucks, delivery trucks, bucket lift trucks and certain construction equipment, such as front loaders. Ultimate determination of whether the vehicle is subject to this new rule requires identification and review of the vehicle specifications (type, model year, engine horsepower, GVWR, engine family, etc) and the function of the vehicle. In general package delivery services (Fed-Ex etc) and snow plows are exempt.
For the exhaust control modification option, called BART (Best Available Retrofit Technology), the regulation requires NYS agencies and their contractors to retrofit the vehicle exhaust/engines with the highest exhaust emission control classification device available, within cost criteria, and approved by U.S. EPA or California Air Resource Board to ensure the modified emissions meet EPA’s NOx and 2007 particulate emission standards. The retrofit technology varies but generally includes specialized filtration or oxidation catalytic reactor devices. Buffalo State has installed emission control retrofits on its regulated diesel vehicles. In addition to retrofits/ replacements/ retirements, the regulation requires labeling of vehicles with installed retrofits, use of Ultra Low Sulfur Diesel in diesel vehicles, and recordkeeping.
The regulation also requires reporting. The regulation requires Buffalo State to report on the status of its retrofit program and have its prime contractors provide completed vehicle inventory and annual reports using NYS DEC's annual report and vehicle inventory report forms to the college. Primary contractors are to submit their completed reports and inventory forms to their college counterpart representative, who must forward these to the EH&S Office.
SUNY Buffalo State employees, who arrange/procure contract services that may involve use of diesel vehicles in the rendering of these services for the college, are advised to review information on the program posted on the DEC's website and notify and inform prime contractors in writing of potential reporting obligations to the college. Annual reports and vehicle inventory forms prepared by primary contractors must be submitted to the EH&S Office, Clinton Center Room 209 no later than October 10th for services rendered during the previous annual reporting period ending September 30th. The Environmental Health and Safety Office is available at (716) 878-6136 if any questions arise or clarifications are needed to regarding the emission reduction and reporting obligations to ensure impacts to the activity/project are minimized. Annual reports and vehicle inventory forms prepared by prime contractors must be submitted to the EH&S Office, Clinton Center Room 209 no later than October 10th for services rendered (using the non exempt vehicles) during the annual reporting period ending September 30th.
