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  • Writer's pictureAccess Compliance

DERA Compliance Begins Dec. 31

"New York State will soon begin compliance of the Diesel Emissions Reduction Act (DERA). Operators of "heavy duty vehicles" ("HDV") that are operated "by or on behalf of" New York State must comply with DERA by the end of this year.

DEC's regulations state that a Heavy Duty Vehicle is in compliance with DERA if the HDV has "an engine certified to the applicable 2007 EPA standard for particulate matter (0.01 g/bhp-hr) as set forth in [40 CFR §] 86.007-11 ... or to the applicable 2007 GARB standard for particulate matter." 6 NYCRR 248-3.1 (a).

The law only applies to prime contractor's Heavy Duty Vehicles (HDV + 8,500 lbs) working "on behalf of" the state. Based on the 2011 Appellate Court Decision, the phrase "on behalf of" is legislatively used to denote a direct representative or agency relationship.

It does not apply to subcontractors, sub-sub-contractors or materials suppliers but does include rentals by the Prime Contractor...

For more information and a look at your compliance options, click here for the full summary provided by our friends at AGCNYS."

(Shared from Friday's ECA News Bulletin Email.)

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