ONROAD AND NONROAD VEHICLES EMISSION STANDARDS February 9, 2010 By: Udomlug (Nok) Siriphonlai, P.E. Westchester County Department of Health

INTRODUCTION Diesel Engine Retrofit Law – Enacted 2006 Intent of Law – Particulate Matter Reduction Focus is on Construction Sites – County Work Two Main Components ULSD Fuel Retrofitting Diesel Engines

BACKGROUND NATIONAL AMBIENT AIR QUALITY STANDARDS – PM2.5 ARTICLE XIII, CHAPTER 873, SECTION 873.1329 PURPOSE

OVERVIEW APPLICABILITY REQUIREMENTS ULTRA LOW SULFUR DIESEL FUEL BEST AVAILABLE TECHNOLOGY REPORTING REQUIREMENTS COMPLIANCE

APPLICABILITY ONROAD AND NONROAD DIESEL VEHICLES CONTRACTORS AND SUBCONTRACTORS – COUNTY WORK CONTRACT VALUE CONTRACT DATE

LAW REQUIREMENTS ULTRA LOW SULFUR DIESEL FUEL BEST AVAILABLE TECHNOLOGY ONROAD DIESEL VEHICLES (14,000 POUNDS) NONROAD DIESEL VEHICLES/EQUIPEMENT (50 HP) REPORTING

ULTRA LOW SULFUR DIESEL FUEL “DIESEL FUEL THAT HAS SULFUR CONTENT OF NO MORE THAN 15 PPM” USEPA

BEST AVAILABLE TECHNOLOGY (BAT) SYSTEM FOR REDUCING THE EMISSION OF POLLUTANTS REDUCE PM BY 85% OR 0.01 GRAMS OF DIESEL PM/BHP/HR VERIFIED TECHNOLOGY THE U.S.ENVIRONMENTAL PROTECTION AGENCY (EPA) OR THE CALIFORNIA AIR RESOURCES BOARD (CARB) IDENTIFIED BY NEW YORK CITY’S DEPT.OF ENVIRONMENTAL PROTECTION (UNDER LOCAL LAW 77)

BEST AVAILABLE TECHNOLOGY (CONT’D) DETERMINATION OF BAT LIST OF BAT RE-EVALUATION CATEGORIES

BEST AVAILABLE TECHNOLOGY CATEGORY I EPA or CARB verified DPF with secondary NOx reduction EPA or CARB verified DPF Filter under gone VERT Test Procedure with 85% reduction 85% PM REDUCTION

CATEGORY I INSTALLATION

BEST AVAILABLE TECHNOLOGY CATEGORY II EPA OR CARB VERIFIED DOC FLOW THRU FILTER CATALYZED WIRE MESH FLOW THRU FILTER JUSTIFICATION 50% PM REDUCTION

CATEGORY II INSTALLATION

BEST AVAILABLE TECHNOLOGY CATEGORY III DOC EPA Verified Emulsified Fuel CARB Verified Emulsified Fuel JUSTIFICATION 25% PM REDUCTION

RESOURCES http://www.westchestergov.com/health EPA Verified Retrofit Technology List CARB Verified List http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm NYCDEP Rules for BAT Categories http://nyc.gov/html/dep/pdf/ll77.pdf Westchester County Department of Health http://www.westchestergov.com/health

EXEMPTIONS/WAIVERS ULSDF If 15 ppm or less sulfur fuel is not available one can use diesel fuel with no more than 30 ppm sulfur: WCDH WRITTEN DETERMINATION 60 DAYS RENEWAL

EXEMPTIONS/WAIVERS (CONT’D) FEDERAL & STATE FUNDING PRECLUDES REQUIREMENTS EMERGENCY PROCUREMENTS ENGINE LESS THAN 50 HP < 5 CALENDAR DAYS BAT NOT AVAILABLE/COMPATIBLE – WRITTEN WAIVER MUST USE ULSDF

REPORTING REQUIREMENTS CONTRACTORS AND SUBCONTRACTORS MUST COMPLETE OPERATING FORMS I & II FORMS I & II MUST BE SUBMITTED TO WCDH MONTHLY

FORM I

FORM I (CONT’D) VEHICLE INFORMATION USAGE BAT INSTALLED INSTALLATION DATE WAIVER

FORM II

FORM II (CONT’D) FUEL SUPPLIER FUEL USAGE BAT CATEGORY III NON-AVAILABILITY DETERMINATION

WCDH ROLE PROVIDE LIST OF VERIFIED BAT REVIEW FORMS COMPLIANCE INSPECTIONS (AFFIX DECALS) ENFORCE LAW AND ASSESS PENALTIES

PENALTIES FOR NON-COMPLIANCE Fine not to exceed $10,000 per occurrence plus 2X amount saved by not complying FALSE CLAIMS Fine not to exceed $20,000 plus 2X amount saved by not complying

COMPLIANCE Law requires 100% of vehicles to comply by September 1, 2009 September 2009 to December 2009 – Health Department Review and Technical Assistance Penalty Provisions

DIESEL RETROFIT LAWS COMPARISON Category WCDOH Article XIII, Section 873.1329 NYC Local Law 77 NYSDEC Part 248 Effective Date September 1, 2006 June 30, 2003 July 30, 2009 Applicability Onroad and nonroad vehicles* Nonroad vehicles Onroad and nonroad vehicles Contract Value $150,00 (Increased by $5,000/year up to $250,000) No minimum contract amount Vehicle Horsepower 50 hp for nonroad Vehicle Weight GVW 14,000 lb for onroad and nonroad No weight limit GVW 8,500 lb for HDV Length of Time On-Site 5 days 20 days No time limit Fuel Requirement ULSD fuel (15 ppm sulfur) Bold Most Stringent * Material deliveries are not included ** Form having first utilized such technology in performing County Work after September 1, 2009 *** Equipment fitted with DOC prior to September 1, 2009 are in compliance with the Law

DIESEL RETROFIT LAWS COMPARISON (CONT’D) Category WCDOH Article XIII, Section 873.1329 NYC Local Law 77 NYSDEC Part 248 Air Pollution Control Best Available Technologies (BAT) = 85% PM Reduction (Categories I, II and III) Best Available Technologies Must Appear on the USEPA or CARB verified list. Best Available Retrofit Technologies (BART) Air Pollution Control Validity Minimum of 3 years** Minimum of 3 years Throughout HDV’s useful life or for the duration of the contract work 100% Compliance Date for BAT/BART September 2009*** June 2005 December 2010 Waiver Waiver for ULSD fuel and BAT may be issued Waiver for ULSD fuel and BART may be issued Bold Most Stringent * Material deliveries are not included ** Form having first utilized such technology in performing County Work after September 1, 2009 *** Equipment fitted with DOC prior to September 1, 2009 are in compliance with the Law

WESTCHESTER COUNTY GENERAL REQUIREMENTS USE ULSDF FOR ALL DIESEL VEHICLES/EQUIPMENT USE BAT ON EQUIPMENT 50 HP AND GREATER USE BAT ON VEHICLES WITH GVW 14,000 POUNDS AND MORE REPORT THE USE OF ULSDF AND BAT WEBSITE: WWW.WESTCHESTERGOV.COM/HEALTH

CONTACT INFORMATION Udomlug (Nok) Siriphonlai, P.E. Phone: 914-813-5148 Email: uqs1@westchestergov.com Natasha Court, P.E. Phone: 914-813-5149 Email: nac1@westchestergov.com

QUESTIONS?