NY DEC Proposes Amendments to State Retrofit Regulation - The New York State Department of Environmental Conservation (DEC) has announced that they propose to amend their state diesel retrofit regulation (Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles) to conform with recent court decisions and recent amendments to state law. Notably, the amendments change the definition of a "contractor" that does work for a state agency to no longer include sub-contractors, meaning the only heavy-duty trucks now included under the program's retrofit requirements are those trucks owned by prime contractors.

In 2006, former Governor George Pataki (R) enacted the "Diesel Emissions Reduction Act of 2006" (DERA). The legislation charged DEC with implementing a regulatory program that would require the use of ultra-low sulfur diesel (ULSD) fuel and Best Available Retrofit Technology (BART) for any diesel-powered heavy-duty vehicle that is "owned by, operated by or on behalf of, or leased by" a state agency and state and regional public authority. DEC subsequently promulgated Part 248, effective as of July 30, 2009, to implement DERA. DEC's initial Part 248 regulation included within the program requirements trucks owned by sub-contractors (to contractors) that provided services to state agencies. This aspect of the regulation was subsequently challenged by two contractor groups in two separate court proceedings (N.Y. Constr. Material Ass'n v. DEC and Riccelli Enterprises, Inc. v. Grannis). Although the state Supreme Court initially upheld the regulations, the Appellate Division reversed, finding that the state legislature "did not intend to impose DERA's requirements on vehicles other than those used by prime contractors under direct contract with state agencies and public authorities."

Regarding the recent amendments to state law, the state legislature amended New York Environmental Conservation Law (ECL) (section 19-0323 in 2010 and 2011) in three ways: 1) to provide an extended time frame until December 31, 2012, for all applicable vehicles to comply with the DERA BART requirement; 2) to allow for a waiver of the DERA requirements to otherwise applicable vehicles that are permanently taken out of service in the state on or before December 31, 2013; and 3) to eliminate the 33% and 66% phase-in deadlines for BART compliance of December 31, 2008, and December 31, 2009, respectively. Although the state legislature extended the BART compliance date and added the waiver provision, DEC emphasizes that the state legislature nevertheless has maintained the retrofit requirement for existing vehicles, making clear its continued interest in reducing emissions from heavy-duty vehicles owned by or operated on behalf of the state.

Written comments on the proposed amendments will be accepted until January 26, 2012. For more information, go to: www.dec.ny.gov/regulations/78625.html.

Small Construction Contractor Retrofit Fund in Pittsburgh Now Accepting Applications - The Small Construction Contractor Retrofit Fund, sponsored by the Allegheny County Health Department (ACHD) and the Heinz Endowments, is now accepting applications for grants for small construction companies in the Pittsburgh area to retrofit diesel-powered construction equipment under a new regulation passed by the city council back in July 2011. The regulation requires contractors at city-subsidized developments to use low-emission construction equipment on projects of $2.5 million or more that involve at least $250,000 in city subsidies and start after September 1, 2011.

ACHD, through its Clean Air Fund, and the Heinz Endowments have each contributed $920,000 to the Retrofit Fund. Grants ranging from $10,000 to $100,000 will be available for approximately 16 to 30 diesel emission reduction projects. The Retrofit Fund is being managed by Mid-Atlantic Regional Air Management Association (MARAMA). Applications for the first round of funding are due by February 15, 2012.

For a copy of the program application, go to: www.marama.org/diesel/allegheny-pbgh-retrofit.htm.

Boston Considering Clean Construction Ordinance - Two Boston City Councilors are considering filing a proposed ordinance that would curb diesel emissions from construction projects throughout the city. Councilors Felix Arroyo and Stephen Murphy have said they intend to file a clean construction ordinance in early 2012. Specific details haven't been announced yet, but the bill would most likely require contractors at city-subsidized development projects to install emission control equipment (i.e., DPFs) on all on-road and off-road vehicles used on the work site. Boston City Council's Special Committee on Asthma held a hearing on December 20, 2011, to receive comments from the public on the issue.

Environmental groups, such as Clean Water Action, the Roxbury Environmental Empowerment Project, and Alternatives for Community & Environment, have been in discussions with Arroyo and Murphy regarding the need for a city-wide solution to the problem of diesel emissions from in-use vehicles. They believe passage of a clean construction ordinance in Boston would lend significant support to similar efforts in other cities and towns, as well as at the state level. However, some city officials have reservations, saying the ordinance could hurt small, local contractors.

For more information, go to: www.bostonglobe.com/metro/2011/12/19/boston-urged-order-limits-diesel-fumes/KwthdYqs7JtZEIB16v8EVK/story.html.

NJ DEP Announces Completion of Work to Retrofit 760 Transit Buses - On January 11, 2012, the New Jersey Department of Environmental Protection (NJ DEP) announced that it has completed the retrofit of 760 older, diesel NJ TRANSIT buses under its mandatory diesel retrofit program. The retrofit work was financed by the state's Diesel Risk Mitigation Fund, a program created under a 2005 law that requires installation of emission control devices on older diesel-powered on-road vehicles. In addition to the 760 NJ TRANSIT buses, more than 1,200 solid waste collection trucks have had diesel emission control equipment installed in the past several years in New Jersey. These retrofits and other scheduled retrofits for commercial passenger buses and publicly-owned on-road and nonroad vehicles are expected to reduce PM emissions by more than 100 tons per year statewide, say NJ DEP officials.

New Jersey's mandatory diesel retrofit program is one of several strategies NJ DEP is employing to reduce diesel emissions. Other programs include the mandatory inspection and maintenance of diesel on-road vehicles, enforcement of the state's anti-idling law, and Governor Chris Christie's Executive Order Number 60 (announced in April 2011), which established a three-year pilot program that requires best available retrofit technology to be installed on nonroad diesel equipment used at select NJ DOT construction sites.

For more information on this announcement, go to: www.state.nj.us/dep/newsrel/2012/12_0006.htm.

Texas Approves Environmental Fines Totaling $849,429, Includes Funds for Retrofitting School Buses - On January 11, 2012, the Texas Commission on Environmental Quality (TCEQ) approved penalties totaling $849,429 against 44 regulated entities for violations of state environmental regulations. Included in the total are fines of $145,211 against Diamond Shamrock Refining Company, L.P., in Moore County, for air quality violations stemming from an investigation on February 7, 2011. Of that total, $58,084 will be used by the Texas PTA to retrofit or replace older, diesel school buses. Also included in the total are fines of $103,800 against Micro Dirt, Inc. (doing business as Texas Organic Recovery), in Travis County, for violations stemming from unauthorized composting of grease trap waste in July and August 2008. For more information, go to: www.tceq.texas.gov/news/releases/011112CommissionersAgenda.