(a) Requirements. For all work performed on a Major Construction Project located in an Air Pollutant Exposure Zone:
(1) All off-road equipment shall have engines that (A) meet or exceed either United States Environmental Protection Agency or ARB Tier 2 off road emission standards, and (B) have been retrofitted with an ARB Level 3 VDECS. Equipment with engines meeting Tier 4 Interim or Tier 4 Final off road emission standards automatically meet this requirement;
(2) Where access to alternative sources of power is available, use of portable diesel engines to perform work on the project shall be prohibited;
(3) Diesel engines, whether for off-road or on-road equipment, shall not be left idling for more than two minutes at any location, except as allowed for in applicable state regulations regarding idling for off-road and on-road equipment (e.g., traffic conditions, safe operating conditions). The Contractor shall post legible and visible signs, in English, Spanish, and Chinese, in designated queuing areas and at the construction site to remind operators of the idling limit; and
(4) The Contractor shall instruct construction workers and equipment operators on the maintenance and tuning of construction equipment, and require that such workers and operators properly maintain and tune equipment in accordance with manufacturer specifications.
(b) Waivers.
(1) The Department Head may waive the alternative source of power requirement of Subsection (a)(2) if an alternative source of power is limited or infeasible at the project site. If the Department Head grants the waiver, the Contractor must submit documentation that the equipment used for onsite power generation meets the requirements of Subsection (a)(1).
(2) The Department Head may waive the equipment requirements of Subsection (a)(1) if a particular piece of off-road equipment with an ARB Level 3 VDECS is technically not feasible; the equipment would not produce desired emissions reduction due to expected operating modes; installation of the equipment would create a safety hazard or impaired visibility for the operator; or, there is a compelling emergency need to use off-road equipment that is not retrofitted with an ARB Level 3 VDECS. If the Department Head grants the waiver, the Contractor must use the next cleanest piece of off-road equipment, according to Table 25.5.1, below.
Table 25.5.1
Off-Road Equipment Compliance Step Down Schedule* | ||
Compliance Alternative | Engine Emission Standard | Emissions Control |
1 | Tier 2 | ARB Level 2 VDECS |
2 | Tier 2 | ARB Level 1 VDECS |
3 | Tier 2 | Alternative Fuel** |
* If Department Head determines that the equipment requirements cannot be met, the Contractor must meet Compliance Alternative 1. If the Department Head determines that the Contractor cannot supply off-road equipment meeting Compliance Alternative 1, then the Contractor must meet Compliance Alternative 2. If the Department Head determines that the Contractor cannot supply off-road equipment meeting Compliance Alternative 2, then the Contractor must meet Compliance Alternative 3. | ||
** Alternative fuels are not a VDECS | ||
(c) Construction Emissions Minimization Plan. Before starting on-site Construction Activities, the Contractor shall submit a Construction Emissions Minimization Plan ("Emissions Plan") to the Department Head for review and approval. The Emissions Plan shall state, in reasonable detail, how the Contractor will meet the requirements of this Section 2505.
(1) The Emissions Plan shall include estimates of the construction timeline by phase, with a description of each piece of off-road equipment required for each Construction Phase. The description may include, but is not limited to: equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, engine serial number, and expected fuel usage and hours of operation. For the VDECS installed, the description may include, but is not limited to: technology type, serial number, make, model, manufacturer. ARB verification number level, and installation date and hour meter reading on installation date. For off-road equipment using alternative fuels, the description shall also specify; the type of alternative fuel
(2) The Department Head shall ensure that all applicable requirements of the Construction Emissions Minimization Plan have been incorporated into the contract specifications. The contract shall include a statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of the contract.
(3) The Contractor shall make the Emissions Plan available to the public for review onsite during working hours. The Contractor shall post at the construction site a legible and visible sign summarizing the Construction Emissions Minimization Plan. The sign shall also state that the public may ask to inspect the Emissions Plan for the project at any time during working hours, and shall explain how to request to inspect the Emissions Plan. The Department Head shall review and approve the sign before the Contractor posts it. The Contractor shall post at least one copy of the sign in a visible location on each side of the construction site facing a public right-of-way.
(d) Monitoring. After the start of Construction Activities, the Contractor shall maintain quarterly reports at the construction site documenting compliance with the Construction Emissions Minimization Plan. After the completion of Construction Activities and prior to receiving a final certificate of acceptance, or within six month of completion of Construction Activities if a final certificate of acceptance is not required, the Contractor shall submit to the Department Head a final report summarizing Construction Activities, including the start and end dates and duration of each Construction Phase, and the specific information required in the Emissions Plan.