Proposed Clean Diesel Construction Policy

The Port Authority of New York and New Jersey will be proposing a Clean Diesel Construction Policy. Below is a summary of the proposal. Please e-mail your comments to jcoletti@bteany.com by September 5, 2008.

Details of the proposal can be viewed at our website by clicking on this link, http://www.bteany.com/media/li/cleandieselconstructionpolicy.pdf.

Clean Diesel Construction Policy Proposal Specification Summary

Policy Scope:

All Port Authority new construction, renovation and reconstruction projects with a total construction cost greater than $1.5 Million

Ultra Low Sulfur Diesel Requirement::

• Applicability: All on-road and non-road diesel-powered equipment including stationary equipment
• Specification: ULSD shall contain no more than 15 parts per million of sulfur

Retrofit Technology Requirement:

• Applicability: Equipment with a rated horsepower of 50 (50HP) or greater and used on site for more than 20 days
• Specification: Diesel Particulate Filters (DPFs) or other measures with equivalent particulate matter (PM) removal efficiency. Diesel Oxidation Catalysts (DOCs) or Flow Through Filters (FTFs) shall be used if a DPF waiver is granted.
• Exceptions: Waivers shall be granted for retrofit DPFs if it can be shown that:
• The device poses a safety hazard or impairs operator visibility
• The device would void engine warranty;
• The device cannot be used for mechanical reasons;
• The device or engine would not function properly

Equipment Age Requirement:

• Applicability: All non-road equipment used for the performance of Work under this Contract with a rated horsepower of 50 (50HP) or greater and used on site for more than 20 days
• Specification: Post-1995 fuel injection engines that meet non-road Tier 2 engine emissions standards
• Exceptions: Waivers for Tier 2 non-road engine emissions certifications shall be granted if it can be demonstrated that no equipment is available meeting these standards or where the task cannot be reasonably accomplished using an engine meeting this requirement.

Diesel Engine Anti-Idling Requirement:

• Applicability: All diesel powered non-road and on-road vehicles
• Specification: Idling limited to three consecutive minutes
• Exceptions:
• When an on-road vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties
• When it is necessary to operate heating, cooling or auxiliary equipment
• To bring the vehicle to the manufacturer’s recommended operating temperature.
• When the outdoor ambient temperature is below 20 degrees Fahrenheit;
• When the vehicle is being actively worked on for repairs or maintenance.

Electrification Requirement:

• Applicability: All diesel powered equipment
• Specification: Where electrically powered versions of diesel-powered equipment are available, the Contractor is required to use the electrically powered version.

The first three of five bills were passed on August 12, 2008 to give the NYC Buildings Department more ability to protect construction workers and the public from unsafe construction sites.

The three bills passed were:

• Intro 687-A requires buildings that are at risk of being structurally compromised to undergo periodic inspections.
• Intro 763-A adds certain housekeeping violations to the list of violations that are considered immediately hazardous and subject to higher penalties. This legislation will categorize violations such as not properly securing materials on the upper floors of a building which will result in a minimum fine of $1,000.
• Intro 793-A requires an inspection every five years for retaining walls ten feet or higher that front public streets. A design professional hired by the owner will file a report with the Department that certifies the condition of the retaining wall. Unsafe retaining walls will be repaired immediately with the design professional filing a report with the Department within two weeks of performing the work certifying that the condition has been corrected.