Diesel Emission Reduction Act (DERA) Update

Author: Maureen M. Payne Date: December 14, 2010

The Diesel Emission Reduction Act (DERA) of 2006 requires all on-road and off-road heavy duty diesel vehicles which are owned or under contract with New York State to use ultra low sulfur diesel (ULSD) fuel and be fitted with the best available retrofit technologies by December 31, 2010.

Currently, as a result of a lawsuit appeal DEC has determined that it will not enforce DERA requirements until the New York State Supreme Court has heard and ruled on the matter. The appeal of this law is to be heard January 12, 2011.

NFIB\NY will continue to monitor the developments of this law and the legal fight and provide you with the applicable updates.

The New York State Department of Environmental Conservation website has specific information regarding the DERA provisions.

A power point presentation is on the right hand side of this website which provides an overview of the rule:

Also, below is a link to the Heavy Duty Vehicle/Engine Useful Life Waiver Form. This waiver was adopted as part of the state budget (2010):

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