The Environmental Protection Agency (EPA) has published a Request for Proposals to allocate $4 million for air quality projects at ocean and inland ports under the Diesel Emissions Reduction Act (DERA). The RFP homepage and related information are attached here.
The EPA anticipates awarding funds to public port authorities with jurisdiction over transportation or air quality at ocean or inland ports. Although private entities are not eligible, they may partner with eligible port authorities on projects. EPA, according to the RFP will fund, at various percentage levels, the following types of projects:
- Exhaust Control Technologies
- Certified Engine Upgrades
- Engine Idle Reduction Technologies
- Certified Engine Repower
- Vehicle Replacement (non-road diesel vehicles/drayage trucks)
- Clean Alternative Fuel Conversions
The potential funding does not apply to already mandated emission reductions for certain locomotive and marine engines. (see RFP at pg. 2). Proposals are due February 13, 2014.
Showing posts with label Diesel Exhaust. Show all posts
Showing posts with label Diesel Exhaust. Show all posts
Thursday, December 12, 2013
Monday, April 9, 2012
FRA Issues Locomotive Safety Standards - Clarifies Diesel Exposure Regulation/Alters Inspection Requirements
The Federal Railroad Administration published its final rule updating Locomotive Safety Standards on April 7, 2012. The Rule becomes effective June 8, 2012.
Among the items of interest is the Agency's interpretation of 49 CFR 229.43, covering diesel fumes in locomotive cabs, and FRA's extension of the time intervals for periodic locomotive inspections.
The previous 92-day interval for comprehensive locomotive inspection/maintenance has been doubled to 184 days for units with "microprocessor-based control systems with self-diagnostic capabilities." These more modern units are designed for 184-day maintenance, whereas the 92 day standard reflected the manufacturer-recommended maintenance interval in 1980.
Regarding diesel exhaust in cabs, the FRA did not alter section 229.43, which also dates from 1980. Under 229.43(a): "Products of combustion shall be released outside the cab and other compartments. Exhaust stacks shall be of sufficient height or other means provided to prevent entry of products of combustion into the cab or other compartments under usual operating conditions."
In its rule notice, the FRA interpreted 229.43 as such:
"However, FRA did not intend for sec. 229.43 to prevent any and all diesel exhaust from being present in an occupied locomotive cab. It would be impracticable to try to eliminate all diesel exhaust in the locomotive cab." 77 FR at pg. 21323.
and,
"... FRA does not believe that is is possible to prevent the re-entry of diesel exhaust into the locomotive cab through windows or ventilation system intakes, and has never enforced the existing regulation in such a manner." 77 FR at 21323.
This clarification that FRA does not enforce de minimus exhaust in cabs as a violation of section 229.43 is helpful, but, because the actual language of 229.43 has not been changed, it is still entirely possible that a railroad could be liable for the presence of exhaust in cabs, absent negligence by the railroad or a specific locomotive defect, because the regulation simply prohibits exhaust from cabs "under usual operating conditions."
The unanswered question is whether this new FRA interpretation of 49 CFR 229.43 has any impact on courts considering whether the presence of diesel exhaust in a locomotive cab, in and of itself, constitutes a violation of the Locomotive Inspection Act (LIA).
Among the items of interest is the Agency's interpretation of 49 CFR 229.43, covering diesel fumes in locomotive cabs, and FRA's extension of the time intervals for periodic locomotive inspections.
The previous 92-day interval for comprehensive locomotive inspection/maintenance has been doubled to 184 days for units with "microprocessor-based control systems with self-diagnostic capabilities." These more modern units are designed for 184-day maintenance, whereas the 92 day standard reflected the manufacturer-recommended maintenance interval in 1980.
Regarding diesel exhaust in cabs, the FRA did not alter section 229.43, which also dates from 1980. Under 229.43(a): "Products of combustion shall be released outside the cab and other compartments. Exhaust stacks shall be of sufficient height or other means provided to prevent entry of products of combustion into the cab or other compartments under usual operating conditions."
In its rule notice, the FRA interpreted 229.43 as such:
"However, FRA did not intend for sec. 229.43 to prevent any and all diesel exhaust from being present in an occupied locomotive cab. It would be impracticable to try to eliminate all diesel exhaust in the locomotive cab." 77 FR at pg. 21323.
and,
"... FRA does not believe that is is possible to prevent the re-entry of diesel exhaust into the locomotive cab through windows or ventilation system intakes, and has never enforced the existing regulation in such a manner." 77 FR at 21323.
This clarification that FRA does not enforce de minimus exhaust in cabs as a violation of section 229.43 is helpful, but, because the actual language of 229.43 has not been changed, it is still entirely possible that a railroad could be liable for the presence of exhaust in cabs, absent negligence by the railroad or a specific locomotive defect, because the regulation simply prohibits exhaust from cabs "under usual operating conditions."
The unanswered question is whether this new FRA interpretation of 49 CFR 229.43 has any impact on courts considering whether the presence of diesel exhaust in a locomotive cab, in and of itself, constitutes a violation of the Locomotive Inspection Act (LIA).
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