MassDOT diesel retrofit specification

Specification for retrofitting non-road, diesel-powered construction equipment operating on MassDOT jobs sites.

1. Purpose

The Massachusetts Department of Transportation Highway Division (MassDOT) is a participant in the MassCleanDiesel Program established by the Massachusetts Department of Environmental Protection (DEP) and the purpose of this specification is to achieve documentable diesel emission reductions that result in beneficial air quality improvements to construction workers and the general public through the retrofit of diesel-powered non-road construction equipment.

2. Certification by contractor

The Contractor shall certify that all Contractor and Sub-Contractor diesel-powered non-road construction equipment and vehicles greater than 50 brake horsepower (hp) that will be utilized in performance of the work under this contract (hereinafter "Diesel Construction Equipment" or "DCE") have (1) engines that meet the EPA particulate matter (PM) Tier emission standards in effect for non-road diesel engines for the applicable engine power group or, (2) emission control technology verified by EPA or the California Air Resources Board (CARB) for use with "non-road engines" or (3) emission control technology verified by EPA or CARB for use with "on-road engines" provided that such equipment is operated with diesel fuel that has no more than 15 parts per million (ppm) sulfur content (i.e., Ultra Low Sulfur Diesel (ULSD) fuel) or (4) emission control technology certified by manufacturers to meet or exceed emission reductions provided by either "on-road" or "non-road" emission control technology verified by EPA or CARB. Emission control devices, such as oxidation catalysts or particulate filters, shall be installed on the exhaust system side of the diesel combustion engine equipment. The Contractor is responsible to insure that the emissions control technology is operated, maintained, and serviced as recommended by the manufacturer. Note: See Section 3 regarding the use of rental equipment. See Section 5 regarding minimum emission reductions that must be provided by non-verified EPA or CARB emission control devices.

For the latest up-to-date list of EPA-verified technologies, see: https://www3.epa.gov/otaq/diesel/verification/verif-list.htm. For the latest up-to-date list of CARB verified technologies, see: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm. The Certification of Construction Equipment Standard Compliance Form (below) shall be completed by the Contractor at the time of Award and shall be delivered to MassDOT within 14 days after the date of award. A copy of the Certification is included at the end of this Section for informational purposes.

Should the successful bidder fail to execute the said form, MassDOT may, at its option, determine the Contractor has abandoned the Contract and shall take action in accordance with the Standard Specifications for Highways and Bridges, Subsection 3.06 - Failure to Execute Contract.

Additional Resources

Certification of construction equipment standard compliance form

3. Exemptions

1. Rented diesel equipment greater than 50 brake hp that will be used on site for 30 days or less over the life of the project (i.e., 30 days cumulative) are exempt from this specification. However, if the rented equipment will be used more than 30 cumulative days, then the equipment must comply with this specification. In either case, rental equipment must be included as part of the detailed records of DCE under Section 4C. Note: Any contractor owned equipment that are more than 50 brake hp that are used on site for 30 cumulative days or less over the life of the project, are not exempt from complying with this specification.

2. Large cranes (such as Sky cranes or Link Belt cranes) which are responsible for critical lift operations are exempt from installing Retrofit Emission Control Devices if they adversely affect equipment operation. Technical justification must be submitted to the Engineer for approval to document the impact on operations.

3. The Engineer may create an exemption when there is a compelling emergency need to use diesel vehicles or engines that do not meet the contract conditions for emission controls. Examples include the need for rescue vehicles or other equipment to prevent or remedy harm to human beings or additional equipment required to address a catastrophic emergency such as structure collapse or imminent collapse. Once the emergency is controlled, such non-compliant equipment must be removed from the project. Meeting contract deadlines will not be considered a compelling emergency.

4. Diesel-powered non-road construction equipment greater than 50 brake horsepower need not be equipped with either EPA of CARB verified emission control technology if the non-road construction equipment diesel engine is certified to meet the EPA particulate matter (PM) Tier emission standards in effect for non-road diesel engines for the applicable engine power group. Note: If emissions from the DCE at the start of the project meets the most current EPA PM emissions standards in effect at the time, but are superseded by newer Tier emission standards (i.e., Tier 3 emission standards replaced by Tier 4 emission standards), then the superseded DCE must be retrofitted prior to the end of the contract with emission control technology per Section 2.

5. If an additional DCE (greater than 50 brake hp), or permanent replacement is brought on site after work has commenced, the Contractor has 15 calendar days from the time the DCE is brought on site, to install emission control technology per Section 2 of this specification (unless the DCE has an engine that meets the EPA particulate matter (PM) Tier emission standards in effect for non-road diesel engines for the applicable engine power group).

4. Submittals and reporting

1. The Contractor shall submit a certified list of all DCE to be utilized on the project and provide the following information for each DCE in tabular form. A standardized form is available for download by the link below.

   Contractor/subcontractor name.
   Equipment type. 
   Equipment make. 
   Equipment model. 
   VIN. 
   Engineer model Engine year of manufacture. 
   Engine HP rating. 
   Emission Control Device (ECD) type (DOC or DPF). 
   ECD make. 
   ECD model. 
   ECD manufacturer. 
   ECD EPA/CARB Verification Number or ECD performance certification provided by manufacturer(s) that the DOC or DPF meets or exceeds emission reductions when compared to an EPA or CARB verified device. 
   ECD installation date. 
   Type of fuel to be used. 
   Identify if owned/rented equipment.

2. For each piece of DCE, the Contractor shall also submit digital color pictures showing the machine and the MassDOT-issued compliance label (with inspection tag number).

3. The Contractor and subcontractor shall maintain detailed records of all DCE used on the project, including the duration times the DCE is used on the project site. Records shall be available for inspection by MassDOT. The engineer shall be immediately notified of any new DCE brought onto the project.

Additional Resources

Diesel equipment data sheet

5. Compliance

1. All DCE that are not exempt under Section 3 of this specification, must comply with these provisions whenever they are present on the project site. If a non-verified EPA or CARB emissions control device is used for compliance with this specification, then the device must provide the following minimum emission reductions:

   Diesel Oxidation Catalysts
   Particulate Matter: 20%
   Carbon Monoxide: 40%
   Volatile Organic Compounds: 50%

   Diesel Particulate Filters
   Particulate Matter: 85%

   Note: If emission reductions for a non-verified ECD appear to be questionable as determined by MassDOT, the Contractor shall provide all supporting emission test data, including test procedures, as requested by MassDOT for the ECD. If emission reductions cannot be substantiated by supporting test data, then the ECD in question must be replaced with a different ECD.

2. Upon confirming that the Diesel Construction Equipment meets the EPA particulate matter (PM) Tier emission standards in effect for non-road diesel engines for the applicable engine power group or has the requisite pollution control technology installed, MassDOT will issue a non-transferable compliance label that will assign a compliance tracking number to the DCE.

3. All DCE subject to this Specification shall display the compliance label in a visible location.

4. When leased or rented equipment which has been retrofitted by the Contractor is returned to the rental company, the Contractor will remove the Compliance label and return the label to the Engineer.

5. Use of a DCE which has been issued a compliance label and which is found without the device is a breach of this contract and will be subject to a stipulated penalty of $2,500.

6. If an emission control device which was purchased and/or utilized on or after March 1, 2005 and was in compliance with the MassDOT diesel retrofit requirements in place between March 1, 2005 and the issuance of this specification, the retrofit device will be considered in compliance with this specification. Note: If a retrofit device (i.e., DOC or DPF) used between March 1, 2005 and issuance of this specification does not have a performance certificate which shows the pollutant emission reductions being provided by the retrofit device meets or exceeds emission reductions provided by either an EPA or CARB verified "on-road" or "non-road" emission control device, then the device will be considered non compliant with this specification.

6. Non-compliance

All DCE may be inspected by the Engineer or designated agent without prior notice to the Contractor. If any DCE is found to be in non-compliance, the Contractor must either remove the DCE from the project or retrofit it within 15 calendar days. Failure to comply will subject the Contractor to an Environmental Deficiency Deduction described below. A Notice of Non-Compliance will be issued by the Engineer or his agent at the time the noncompliance is identified.

If the Contractor fails to take corrective action in accordance with the Notice, within 15 calendar days of issuance of the Notice of Non-Compliance, a daily monetary deduction will be imposed for each calendar day the deficiency continue. The deduction shall be $2,500 per day for each piece of DCE determined to be in non-compliance. In addition, to the Deficiency Deduction, pay estimates will be held and no payments made until all equipment is brought into compliance. The Deficiency Deduction is irrevocable and shall not be reimbursed.

7. Costs and schedule

All costs associated with the installation of emission control technology are the responsibility of the Contractor and shall be considered incidental to the cost of the project. No additional compensation is provided. In addition, unless otherwise stated in this specification, all DCE greater than 50 brake hp shall comply with the requirements of this specification at the start of work commencing on site. The Contractor's compliance with this specification shall not be grounds for claims.

8. Sample certification form

This form in this proposal pamphlet is not to be filled out by the Contractor. See Section 2, above, for information on downloading and submitting requirements for this Form.

Certification of construction equipment standard compliance form

I, _____________________ authorized signatory for ________________________ whose principal place of business is at ___________________________ do hereby certify that any and all large non-road (greater than 50 brake horsepower) diesel construction equipment (DCE) to be used in this contract meets the EPA particulate matter (PM) Tier emission standards in effect for non-road diesel engines for the applicable engine power group or has emission control devices such as, oxidation catalysts or particulate filters, installed on the exhaust system side of the diesel combustion engine equipment. Said equipment or devices meet the requirements of this specification.

I am submitting on behalf of _________________________ a list of said diesel construction equipment, labeled "Diesel Retrofit Data" that will be used in connection with this contract. The said list includes, but is not limited to the number of vehicles subject to this certification and the number of vehicles retrofitted by vehicle type. The said list shall also be signed, certifying that the information is correct and accurate as of the date of signature and is signed under pains and penalty of perjury.

I acknowledge that this certificate is being furnished as a requirement under this contract and is subject to applicable State and federal laws, both criminal and civil.

Signature_______________________________ Date__________________

Title: __________________________________

Company: ______________________________