27 November 2008

The New York Department of Environmental Conservation (DEC) proposed regulations that will require the use of “best available retrofit technology” (BART) and ultra low sulfur diesel (ULSD) fuel on heavy duty diesel vehicles owned or operated by the state.

The regulation is applicable to heavy duty vehicles (HDV) with a gross vehicle weight greater than 8,500 lb, owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities. The definition of HDV covers both highway and off-road vehicles. However, several categories of off-road equipment are exempted from the regulation. Examples of exempted vehicles include earth movers such as loaders and backhoes, and farm tractors and equipment. Exempted from the regulation are also locomotives.

There are two compliance options with the BART requirement:

  • The first option is to replace or repower the affected HDV with a vehicle/engine certified to the EPA 2007 PM emission standard, or to replace it with an alternative fuel vehicle/engine.
  • The second option is to retrofit the vehicle with an EPA or California ARB verified retrofit device which offers the greatest reduction in PM emissions for the specific engine. NOx reductions must also be considered if there are devices which provide for such reductions and are available at “reasonable cost”.

Waivers from the BART requirements may be issued by the DEC if a retrofit device is not available or not applicable for a specific engine.

The proposed regulation also requires that affected HDVs have their engine control modules software updated (reflashed) to reduce off-cycle NOx emissions.

Public comments on the proposal are accepted until December 4, 2008.

Source: NY DEC