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 BSC and service contractors (including subcontractors), that perform work or provide services on behalf of the agency.
The regulation requires state agencies and contractors to take additional measures to reduce particulate and NOx emissions exhausted from certain diesel-fueled vehicles. The 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 regulated vehicles must comply with one of these options. Some examples of vehicles potentially regulated by this new rule include diesel buses and trucks. 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 Buffalo State to report on the status of its retrofit program and contractors vehicles used in providing services for the campus. College 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 contact the Environmental Health and Safety Office at (716) 878-6136 for assistance to ensure the emission reduction and reporting obligations by the college to the NYS DEC are fulfilled and impacts to the employee's activity/project are minimized. Annual reports prepared by contractors must be submitted to the EH&S Office, Clinton Center Room 209 no later than October 1st for the pevious calendar year services rendered.
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