NYC Local Law 77 Off Road Construction
Use of Ultra Low Sulfur Diesel Fuel by Nonroad Vehicles
On December 22, 2003, Mayor Michael Bloomberg signed Local Law 77 for the year 2003. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel ("ULSDF") and the best available technology ("BAT") by nonroad vehicles in city construction. The law requires that any diesel-powered nonroad vehicle, fifty horsepower and greater, that is owned by, operated by or on behalf of, or leased by a City agency be powered by ULSDF and utilize BAT for reducing the emission of pollutants.Ê The law provides that the Commissioner of the Department of Environmental Protection shall make determinations, and shall publish a list of such determinations, as to the BAT for reducing the emission of pollutants to be used for each type of diesel-powered nonroad vehicle affected by the law. DEP has gone through the CAPA process and chose Diesel Particulate Filters and Diesel Oxidation Catalysts as the BAT. DEP continues to review the technology every 6 months.