Mayor Signs New Law To Cut Pollution From Construction Machinery

(22 December 2003 — New York)  Environmental Defense called today’s signing of Intro 191A a groundbreaking action for clean air in New York City and nationally.  With this law, New York becomes the first major U.S. city to require cleaner fuel and best available emissions control technology in its public works construction.

“Today, New York City is taking a big step in the fight against asthma in New York City,” said Andy Darrell, director of the Living Cities program at Environmental Defense.  “This law has the potential to cut emissions from construction machinery by up to 90%.  New York is now the first major American city to make a comprehensive commitment to advanced retrofits and ultra low sulfur fuel in all public construction projects.”

Intro 191A will require city construction contracts to call for ultra-low sulfur diesel (ULSD at 15 ppm) and best available pollution control technology on heavy diesel construction machinery above 50 horsepower.  Before this law, this machinery engines usually ran without emissions controls with diesel as high as 3400 ppm sulfur.  ULSD combined with the best available retrofit technology has the ability to reduce diesel emissions by up to 90%.  As written, Intro 191-A provides a reasonable timeframe for implementation and provides flexibility for agencies and contractors to adapt to its requirements. 

“One million people in New York City have asthma - and nonroad vehicles, like diesel construction machinery, put out more fine particulate pollution than cars, trucks and buses combined,” said Darrell.  “This law makes sense for business and for all New Yorkers who want to breathe clean air.  The pollution is bad and the solutions exist - this law takes a bold step toward making the solutions available in every neighborhood of the city.”

The bill passed was based on a successful project to cut emissions from construction vehicles at the World Trade Center site.  There, Environmental Defense worked with Governor Pataki to establish a commitment that would require all state construction vehicles at the World Trade Center site to use retrofits and ultra low sulfur diesel fuel.  Intro 191A will also begin downtown, and will bring the benefits citywide within a reasonable timeframe.