Congressional response to EPA cleanup responsibility, March 2002

NYC 9/11 Public Portal Document

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w For Release: IMMEDIATE Contact: Peter Constantakes Friday September 27, 2002 (518) 402-8000

STATE ANNOUNCES AIR QUALITY CONTROLS FOR LOWER MANHATTAN Initiatives To Reduce Emissions From Construction Equipment During Rebuilding

New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced the State has initiated a plan to reduce emissions from construction equipment dining the reconstruction of lower Manhattan, helping to maintain high air quality standards and protect public health.

“The rebuilding of lower Manhattan in light of the September 11* tragedy will include major new construction projects and we must ensure that air quality is maintained at the highest standards throughout this process,” Commissioner Crotty said. “Governor Pataki has made clean air a priority in New York State and these initiatives will significantly reduce harmful emissions through the use of cleaner fuels and more efficient technologies, allowing the rebuilding of lower Manhattan to move forward in a manner that is protective of public health and our environment.”

Since 1995, New York State has consistently reduced air pollution beyond federal requirements and served as a model to other states. To maintain this commitment, the State will take steps to:

• Control diesel emissions from non-road construction equipment used in the reconstruction of buildings and transportation networks in lower Manhattan. New York will require ultra-low sulfur diesel fuel and best available retrofit technology to reduce emissions of fine particulate matter and nitrogen oxides (NOx) from construction machinery used in State agency and authority fleets and contracts. The Metropolitan Transit Authority (MTA), the New York/New Jersey Port Authority, the Lower Manhattan Development Corporation, and the New York State Department of Transportation (DOT) will use ultra-low sulfur diesel fuel and Best Available Retrofit Technology in their operations and require that their contractors also use ultra-low sulfur diesel fuel and retrofits in equipment used in die reconstruction process;

• Establish a process to identify the Best Available Retrofit Technology for a wide range of construction equipment, track air quality benefits of technologies used downtown, and identify and test advanced technologies that have not been frilly applied in the off-road context. This process, led by DEC, will include representatives from government, industry and environmental groups;

• Ensure the protection of air quality during the lower Manhattan rebuilding period through project reviews conducted jointly by the U.S. Environmental Protection Agency (EPA), the United States Department of Transportation, the New York State Department of Environmental Conservation (DEC) and the New York State Department of Transportation (DOT); and

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• Establish a workgroup to identify and implement transportation control measures that could have air quality benefits. The measures could be funded and implemented by the transportation agencies and could include the construction of new bikepaths, pedestrian improvements, the use of alternative fuels, traffic signal improvements, and commuter choice programs that promote mass transit. DEC will establish this workgroup.

The use of ultra-low sulfur diesel fuel (ULSD), which has a sulfur content of between 15 parts per million (ppm) and 30 ppm as compared to levels of up to 5,000 ppm in conventional types of diesel fuel, will reduce emissions of nitrogen oxides (NOx), volatile organic compounds (VOCs) and carbon monoxide. The ULSD fuel also will decrease exhaust particulate emissions, odors, and black smoke.

All off-road construction equipment operating at the World Trade Center site, including backhoes, cranes, bulldozers and compressors, will be fueled by ULSD. The program will be phased-in during the next several weeks. A similar program using ULSD fuel in reconstruction operations at 7 WTC is underway. Silverstein Properties, Inc. is rebuilding 7 WTC on land owned by the Port Authority.

By 2007, under a rule issued by the U.S. Environmental Protection Agency (EPA), trucks and buses will be required to use ULSD fuel.

Charles Gargano, vice-chairman of the Port Authority and president of the Empire State Development Corporation, said, “I’m pleased that the Port Authority will be carrying out this program to

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