Stronger Pollution Rules For Construction In NYC Needed

(12 July 2004 — New York City)  Environmental Defense today called on New York City to strengthen proposed rules that define the “best available technology” to be used to cut pollution from construction machinery.  Environmental Defense finds that the proposed language relies too heavily on fuel additives that alone do not win enough emissions reductions.

“Every New Yorker, and especially those with asthma, needs this rule to be stronger,” said Andy Darrell, living cities program director of Environmental Defense.  “The law should be revised to make full and clear use of technologies that can cut pollution by 90% right away.  Environmental Defense looks forward to working with DEP, the construction industry and retrofit manufacturers to win the cleanest possible air for all New Yorkers.”

In December 2003, New York City became the first city to enact legislation, Local Law 77, that requires use of “best available technology” to cut diesel emissions from heavy construction machinery used in city construction projects.  The New York City Department of Environmental Protection (DEP) today held a hearing on a proposed DEP rule that defines what technology is in fact the “best available.”  Written comments filed today by Environmental Defense with a range of colleague environmental organizations, called on DEP to require advanced retrofits like diesel particulate filters that can cut pollution to the maximum extent possible and still be cost effective.  The comments are available at www.environmentaldefense.org/pdf.cfm?ContentID=3856&FileName=CommentsLL77%2Epdf.

“The proposed rules issued by New York City don’t do enough to protect public health - especially for the one in eight New Yorkers with asthma” said Darrell.  “The proposed rule falls short of the requirement to use the best technology available and, as a result, falls short of the potential to cut emissions from construction vehicles by 90%.” 

Nonroad vehicles like construction machinery and marine vessels pose a special threat to air quality because they emit more fine particulate matter than the nation’s passenger cars, trucks and heavy-duty onroad diesels combined.  Since non-road engine standards have for years lagged considerably behind those for highway diesels, nonroad engines are more polluting than their highway counterparts.  Given that nonroad engines remain in use for a very long time, even decades, strategies to retrofit existing machinery are extremely important to winning public health gains now.