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

3. BACKGROUND NATIONAL AMBIENT AIR QUALITY STANDARDS – PM 2.5 NATIONAL AMBIENT AIR QUALITY STANDARDS – PM 2.5 ARTICLE XIII, CHAPTER 873, SECTION 873.1329 ARTICLE XIII, CHAPTER 873, SECTION 873.1329 PURPOSE PURPOSE

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

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

6. LAW REQUIREMENTS ULTRA LOW SULFUR DIESEL FUEL ULTRA LOW SULFUR DIESEL FUEL BEST AVAILABLE TECHNOLOGY BEST AVAILABLE TECHNOLOGY ONROAD DIESEL VEHICLES (14,000 POUNDS) ONROAD DIESEL VEHICLES (14,000 POUNDS) NONROAD DIESEL VEHICLES/EQUIPEMENT (50 HP) NONROAD DIESEL VEHICLES/EQUIPEMENT (50 HP) REPORTING 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 SYSTEM FOR REDUCING THE EMISSION OF POLLUTANTS REDUCE PM BY 85% OR REDUCE PM BY 85% OR 0.01 GRAMS OF DIESEL PM/BHP/HR 0.01 GRAMS OF DIESEL PM/BHP/HR VERIFIED TECHNOLOGY VERIFIED TECHNOLOGY THE U.S.ENVIRONMENTAL PROTECTION AGENCY (EPA) THE U.S.ENVIRONMENTAL PROTECTION AGENCY (EPA) OR OR THE CALIFORNIA AIR RESOURCES BOARD (CARB) THE CALIFORNIA AIR RESOURCES BOARD (CARB) OR OR IDENTIFIED BY NEW YORK CITY’S DEPT.OF ENVIRONMENTAL PROTECTION (UNDER LOCAL LAW 77) IDENTIFIED BY NEW YORK CITY’S DEPT.OF ENVIRONMENTAL PROTECTION (UNDER LOCAL LAW 77)

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

10. BEST AVAILABLE TECHNOLOGY CATEGORY I EPA or CARB verified DPF with secondary NO x reduction EPA or CARB verified DPF with secondary NO x reduction EPA or CARB verified DPF EPA or CARB verified DPF Filter under gone VERT Test Procedure with 85% reduction 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 DOC EPA Verified Emulsified Fuel EPA Verified Emulsified Fuel CARB Verified Emulsified Fuel CARB Verified Emulsified Fuel JUSTIFICATION JUSTIFICATION 25% PM REDUCTION

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

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

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

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

19. FORM I

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

21. FORM II

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

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

24. PENALTIES FOR NON-COMPLIANCE NON-COMPLIANCE NON-COMPLIANCE Fine not to exceed $10,000 per occurrence plus 2X amount saved by not complying FALSE CLAIMS 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 Law requires 100% of vehicles to comply by September 1, 2009 September 2009 to December 2009 – Health Department Review and Technical Assistance September 2009 to December 2009 – Health Department Review and Technical Assistance Penalty Provisions Penalty Provisions

26. DIESEL RETROFIT LAWS COMPARISON CategoryWCDOH Article XIII, Section 873.1329 NYC Local Law 77 NYSDEC Part 248 Effective DateSeptember 1, 2006June 30, 2003July 30, 2009 ApplicabilityOnroad and nonroad vehicles*Nonroad vehiclesOnroad 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 WeightGVW 14,000 lb for onroad and nonroad No weight limitGVW 8,500 lb for HDV Length of Time On-Site 5 days20 daysNo time limit Fuel Requirement ULSD fuel (15 ppm sulfur) BoldMost 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) CategoryWCDOH 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 (Categories I, II and III) Must Appear on the USEPA or CARB verified list. Best Available Retrofit Technologies (BART) (Categories I, II and III) Must Appear on the USEPA or CARB verified list. Air Pollution Control Validity Minimum of 3 years**Minimum of 3 yearsThroughout HDV’s useful life or for the duration of the contract work 100% Compliance Date for BAT/BART September 2009***June 2005December 2010 WaiverWaiver for ULSD fuel and BAT may be issued Waiver for ULSD fuel and BART may be issued BoldMost 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 ULSDF FOR ALL DIESEL VEHICLES/EQUIPMENT USE BAT ON EQUIPMENT 50 HP AND GREATER USE BAT ON EQUIPMENT 50 HP AND GREATER USE BAT ON VEHICLES WITH GVW 14,000 POUNDS AND MORE USE BAT ON VEHICLES WITH GVW 14,000 POUNDS AND MORE REPORT THE USE OF ULSDF AND BAT REPORT THE USE OF ULSDF AND BAT WEBSITE: WEBSITE:WWW.WESTCHESTERGOV.COM/HEALTH

29. 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

30. QUESTIONS?