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

2. 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

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

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

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

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

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

8. 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)

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

10. 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

11. CATEGORY I INSTALLATION

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

13. CATEGORY II INSTALLATION

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

15. RESOURCES http://www.westchestergov.com/health
EPA Verified Retrofit Technology List
CARB Verified List
NYCDEP Rules for BAT Categories
Westchester County Department of Health

16. 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

17. 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

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

19. FORM I

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

21. FORM II

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

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

24. 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

25. 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

26. DIESEL RETROFIT LAWS COMPARISON
Category
WCDOH
Article XIII, Section
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

27. DIESEL RETROFIT LAWS COMPARISON (CONT’D)
Category
WCDOH
Article XIII, Section
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

28. 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:

29. CONTACT INFORMATION
Udomlug (Nok) Siriphonlai, P.E.
Phone:
Natasha Court, P.E.
Phone:

30. QUESTIONS?