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Environment Committee Alert
August 12, 2009

DEC Adopts Requirements of the Diesel Emissions Reduction Act

The purpose of DERA and the adopted regulation is to address the public health threat posed by the combustion of diesel fuel from certain heavy duty vehicles (HDVs). This part implements the requirements for the use of ultra low sulfur diesel (ULSD) fuel, best available retrofit technology (BART), and low NOx rebuild kits on certain heavy duty vehicles owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities.

Governor issues Executive order for Regulatory Review

Last Friday, Governor Paterson issued Executive Order 25 which creates a Governor’s regulatory review committee, and a review process to evaluate existing state regulation in order to “reduce unnecessary burdens, costs and inefficiencies” and to help improve the state’s economic climate. Two areas where this effort will initially focus include the Departments of Agriculture & Markets and Environmental Conservation. These participating agencies are directed to invite public comment on unnecessary, duplicative and/or burdensome regulations, and provide a 60 day period for public input. Agencies are to issue a report on recommended changes for between two and ten especially problematic rules.

This process will be overseen by a five person review committee comprised of the Secretary and Counsel to the Governor (Larry Schwartz and Peter Kiernan, respectively); the Director of State Operations (currently Dennis Whalen); the Director of the Governor’s Office of Regulatory Reform (Amelia Stern, acting director); and the Director of the Division of Budget (Robert Megna).