nce to
private institutions and public entities interested in adding emission control measures to future
construction contracts. Our goal is to encourage more institutions and agencies to adopt contract
specifications and to promote the widespread use of emission controls in the construction sector.
The contract specification below provides a comprehensive model that is technically sound and grounded in
field experience. It addresses not only the level of emission control, but also key considerations such as
idling, exemptions, and compliance. It incorporates improvements in retrofit technology already underway
to meet both market demand and tighter federal standards for new engines.
This model specification recommends that institutions and agencies (developer in the text below)
undertaking large construction projects: Require the highest level of emission control available
. The model sets reduction
thresholds that reflect the current state of retrofit technology for different types of
engines while acknowledging that the technology continues to improve. It therefore
links an increased level of controlfrom technology that achieves at least a 20%
reduction in diesel particulate matter (PM) to technology that achieves at least an 85%
reductionto the dates when new engines must comply with the higher standards and
are available as an option. The document also signals to contractors that a higher level
of control is likely to be required in later contracts and thus encourages early adoption
of the more advanced technology where feasible. Include the widest range of diesel onroad vehicles, nonroad equipment, and
generators
. Although high-horsepower engines emit more pollutants, there are far
more low-horsepower engines in the fleets. Implement and/or enforce idle-reduction policies. Require the use of ultra-low sulfur diesel fuel,
which is widely available. Fully pay for the retrofits
, which will reduce the air-quality impacts of the projects.
NEDC acknowledges that existing contract requirements, policy adoption processes, procurement rules,
and financial resources differ considerably among the institutions, municipalities, and state agencies in
the region and therefore affect options for developing or amending a retrofit program. For example,
those with successful clean construction initiatives may revise or expand them only through a
stakeholder process. In creating a new program, some may need to adopt a narrower scope (e.g.,
picking a higher project dollar threshold or initially targeting particular horsepower ranges) while others opt for broader or more aggressive coverage (e.g., requiring retrofits in all projects regardless of their
budget). The model provides a robust standard and an implementation framework that can be adapted
for consistency with established institutional protocols.
The NEDC Steering Committee wishes to thank the representatives from the emission control
manufacturers, environmental organizations, private companies, construction industry, state agencies,
and U.S. EPA who contributed to the development of this document, either by fully participating in the
work of the task force or by offering valuable perspective on key elements.
Northeast Diesel Collaborative Model Contract Specification 4/08
2 M
ODEL
C
ONTRACT
S
PECIFICATION
NEDC recommends that contracts for projects with budgets of $2 million or more and of more
than nine months duration require the diesel control measures outlined below. As the public
health risks from exposure to diesel exhaust are of paramount concern, institutions,
municipalities, and agencies that want a phased adoption of contract requirements could focus
initially on projects located either (1) in urban areas or (2) within 500 feet of a school, hospital,
daycare facility, elderly housing, convalescent facility, or similar facility.
1. Diesel Emission Control Technology
a. Diesel Onroad Vehicles
All diesel onroad vehicles used on the project for more than 10 total days
must have either (1) engines that meet U.S. Environmental Protection
Agency (EPA) 2007 onroad emissions standards or (2) emission control
technology verified by EPA or the California Air Resources Board
(CARB) to reduce PM emissions by a minimum of 85%.
1,2
b. Diesel Generators
i. Until December 31, 2009, all diesel generators on site for more than 10
total days must be equipped with emission control technology verified
by EPA or CARB to reduce PM emissions by a minimum of 20%.
ii. Beginning January 1, 2010, all diesel generators on site for more than 10
total days must be equipped with emission control technology verified
by EPA or CARB to reduce PM emissions by a minimum of 85%.
c. Diesel Nonroad Construction Equipment
i. Until December 31, 2012, all diesel nonroad construction equipment
with engines 75hp and greater on site more than 10 total days must have
either (1) engines that meet EPA Tier 4 nonroad emissions standards, or
(2) emission control technology verified by EPA or CARB for use with
nonroad engines to reduce PM emissions by a minimum of 20%.
3
1
In all instances verified means verified for use with the specific onroad, nonroad, or generator engine. For
EPAs list of verified technology:
http://www.epa.gov/otaq/retrofit/retroverifiedlist.htm
. For CARBs list of
verified technology:
http://www.arb.ca.gov/diesel/verdev/verifiedtechnologies/vt.htm
.
2
Vehicles with diesel oxidation catalysts or similar emission control technology installed as original equipment
meet the 20% reduction threshold and are deemed compliant through December 31, 2009, after which they must
meet the minimum reduction of 85%.
3
Nonroad equipment with diesel oxidation catalysts or similar emission control technology installed as original
equipment meets the 20% reduction threshold and is deemed compliant through December 31, 2012.
Northeast Diesel Collaborative Model Contract Specification 4/08
3 ii. Beginning January 1, 2013, all diesel nonroad construction equipment
on site for more than 10 total days must have either (1) engines meeting
EPA Tier 4 nonroad emission standards or (2) emission control
technology verified by EPA or CARB for use with nonroad engines to
reduce PM emissions by a minimum of 85% for engines 75hp and
greater and by a minimum of 20% for engines between 25 and 75hp.
iii. Tier 0 engines are not allowed on site and must be upgraded to Tier 1
and then retrofit with an emission control device achieving the required
reduction.
d. Upon confirming that the diesel vehicle, construction equipment, or generator
has either a Tier 4 engine or pollution control technology installed and
functioning, the developer will issue a compliance sticker indicating the level of
emission control. All diesel vehicles, construction equipment, and generators on
site shall display the compliance sticker in the designated location.
e. Pollution control technology shall be operated, maintained, and serviced as
recommended by the manufacturer.
f. All diesel vehicles, construction equipment, and generators on site shall be
fueled with ultra-low sulfur diesel fuel (ULSD) or a ULSD blend with sulfur
content of 15 ppm or less.
2. Additional Diesel Requirements
a. Construction shall not proceed until the contractor submits a certified list of all
diesel vehicles, construction equipment, and generators to be used on site. The
list shall include the following:
i. Contractor and subcontractor name and address, plus contact person
responsible for the vehicles or equipment.
ii. Equipment type, manufacturer, engine model year, engine certification
(Tier rating), horsepower, plate, serial number, and expected fuel usage
and/or hours of operation.
iii. For the pollution control technology installed: technology type, serial
number, make, model, manufacturer, EPA/CARB verification
number/level, and installation date.
b. If the contractor subsequently needs to bring on site equipment not on the list,
the contractor shall submit written notification within 24 hours that attests the
equipment complies with all contract conditions.
c. All diesel equipment shall comply with all pertinent local, state, and federal
regulations relative to exhaust emission controls and safety.
d. The contractor shall establish generator sites and truck-staging zones for
vehicles waiting to load or unload material on site. Such zones shall be located
where diesel emissions have the least impact on abutters, the general public, and
especially sensitive receptors such as hospitals, schools, daycare facilities,
elderly housing, and convalescent facilities.
Northeast Diesel Collaborative Model Contract Specification 4/08
4 e. During periods of inactivity, idling of diesel onroad vehicles and nonroad
equipment shall be minimized and shall not exceed the time allowed under state
and local laws.
4
In the absence of state or local idling regulations, idling shall
not exceed three minutes in any sixty-minute period.
3. Exemptions
a. Onroad diesel vehicles, nonroad construction equipment, and generators on site
for 10 working days or less over the life of the project need not install pollution
control technology. This equipment must be included on the equipment list
submitted by the contractor and approved by the developer.
b. If the contractor can prove to the developers satisfaction that for a particular
class of onroad diesel vehicle, nonroad construction equipment, or generator, (1)
no alternative equipment with a Tier 4 engine is available, or (2) i