Overview of Local Law 77 Presented by Geraldine Kelpin.

Overview of Local Law 77 Overview of Local Law 77 Presented by Geraldine KelpinPresented by Geraldine Kelpin

BAT SELECTION PROCESS: BAT SELECTION PROCESS: GENERAL OVERVIEW: LL77GENERAL OVERVIEW: LL77

The rule which may be found on the DEP website: The rule which may be found on the DEP website: http://www.nyc.gov/html/dep/pdf/ll77.pdfhttp://www.nyc.gov/html/dep/pdf/ll77.pdf requires the use requires the use of a verified Diesel Particulate Filter (DPF) for nonroad of a verified Diesel Particulate Filter (DPF) for nonroad vehicles, 50 horsepower or greater used in city vehicles, 50 horsepower or greater used in city construction. The rule also applies to nonroad vehicles, construction. The rule also applies to nonroad vehicles, 50 horsepower or greater that are owned, operated or 50 horsepower or greater that are owned, operated or leased by the City of New York. There is one additional leased by the City of New York. There is one additional exception for our city fleet.exception for our city fleet.However, if a DPF is not technologically feasible, then However, if a DPF is not technologically feasible, then the use of a Flow Through Filter (FTF) and then a Diesel the use of a Flow Through Filter (FTF) and then a Diesel Oxidation Catalyst (DOC) is permitted after a showing Oxidation Catalyst (DOC) is permitted after a showing that operational constraints or physical, chemical, or that operational constraints or physical, chemical, or engineering principles preclude the effective use of the engineering principles preclude the effective use of the nonroad vehicle with a DPF.nonroad vehicle with a DPF.

EPA ENGINE CERTIFICATIONEPA ENGINE CERTIFICATION

All offroad vehicles need to be retrofitted All offroad vehicles need to be retrofitted with BAT as established by CARB/EPA with BAT as established by CARB/EPA and/or VERT in addition to being EPA and/or VERT in addition to being EPA certified Tier I, II, or III engines.certified Tier I, II, or III engines.

BAT CATEGORIES: Category IBAT CATEGORIES: Category I

Category I(a): A CARB/EPA verified DPF, Category I(a): A CARB/EPA verified DPF, producing an 85% or greater reduction in producing an 85% or greater reduction in PM and secondarily NOx. (Please note PM and secondarily NOx. (Please note that newer verified active DPFS are that newer verified active DPFS are available for lower temperature exhausts.)available for lower temperature exhausts.)Category I(b): Any properly installed Category I(b): Any properly installed CARB/EPA verified DPF.CARB/EPA verified DPF.Category I(c): A VERT DPF that produces Category I(c): A VERT DPF that produces an 85% or greater PM reduction.an 85% or greater PM reduction.

BAT: CATEGORY IIBAT: CATEGORY II

A properly installed EPA/CARB FTF that A properly installed EPA/CARB FTF that primarily reduces PM and secondarily primarily reduces PM and secondarily reduces NOx producing at least a 50% reduces NOx producing at least a 50% reduction in PM.reduction in PM.

BAT: CATEGORY IIIBAT: CATEGORY III

A properly installed DOC or any emulsified A properly installed DOC or any emulsified fuel that is EPA/CARB verified and fuel that is EPA/CARB verified and produces no less than a 25% reduction in produces no less than a 25% reduction in PM.PM.

WAIVERSWAIVERS

Waivers are not frequently granted given Waivers are not frequently granted given the fact that DPFs (verified active) are now the fact that DPFs (verified active) are now more often than not able to achieve the more often than not able to achieve the requisite temperature to function properly. requisite temperature to function properly.

Those offroad vehicles that are equipped Those offroad vehicles that are equipped with DOCs should evaluate an upgrade to with DOCs should evaluate an upgrade to a DPF if it has been three years since last a DPF if it has been three years since last installed.installed.

OEM TECHNOLOGYOEM TECHNOLOGY

For newly purchased vehicles, BAT may For newly purchased vehicles, BAT may be OEM installed control technology, be OEM installed control technology, provided that it provides the greatest provided that it provides the greatest reduction in PM above the PM standard reduction in PM above the PM standard that EPA has certified without increasing that EPA has certified without increasing NOx. This BAT does not need to be on the NOx. This BAT does not need to be on the EPA/CARB verified lists.EPA/CARB verified lists.

SELECTION APPLICABILITYSELECTION APPLICABILITY

A contractor or agency that uses a DPF not on the EPA/CARB A contractor or agency that uses a DPF not on the EPA/CARB verified lists or a DPF from Category I(c),may use the DPF for 3 verified lists or a DPF from Category I(c),may use the DPF for 3 years from the date it was first installed. After the 3 year period, if it years from the date it was first installed. After the 3 year period, if it does not appear on EPA/CARB, the DPF may not be used.does not appear on EPA/CARB, the DPF may not be used.A contractor or agency that selects a DPF/CARB verified A contractor or agency that selects a DPF/CARB verified technology, but which has since been removed from the EPA/CARB technology, but which has since been removed from the EPA/CARB list, during the 30 months following installation, may not reuse the list, during the 30 months following installation, may not reuse the technology after the 3 years. technology after the 3 years. If the technology is removed from the EPA/CARB site 6 months If the technology is removed from the EPA/CARB site 6 months preceding the 3 year conclusion, or after the conclusion of the 3 preceding the 3 year conclusion, or after the conclusion of the 3 years, may use that technology for an additional 6 months following years, may use that technology for an additional 6 months following the date it was removed form the list.the date it was removed form the list.

LL 77 Progress: as of 6/30/08LL 77 Progress: as of 6/30/08

Vehicles Vehicles Owned: all Owned: all using ULSDFusing ULSDF

Retrofitted w Retrofitted w BATBAT

Vehicles Vehicles Leased: all Leased: all using ULSDFusing ULSDF

DEP: 148DEP: 148 5959 5959

DDC: 0DDC: 0 22 234234

DCAS: 5DCAS: 5 44 00

DSNY: 396DSNY: 396 261261 00

DOT: 88DOT: 88 7070 00

Parks: 205Parks: 205 9595 00

Monthly Reporting FormMonthly Reporting Form: LL77: LL77

Diesel Inventory Reporting FormDiesel Inventory Reporting Form: : LL77LL77

Huss MK System Active Diesel Huss MK System Active Diesel Particulate Filter on exterior of a Particulate Filter on exterior of a

Cat 315D ExcavatorCat 315D Excavator

Engine Control Systems Purifilter Engine Control Systems Purifilter DPF on exterior of IR 185 DPF on exterior of IR 185

Compressor Compressor

Ingersoll Rand Compressor ECS Ingersoll Rand Compressor ECS PurifilterPurifilter

Komatsu ExcavatorKomatsu Excavator

PENALTIESPENALTIES

There are penalties that will be imposed if LL 77 is not There are penalties that will be imposed if LL 77 is not complied with. The first penalty range is for failure to use complied with. The first penalty range is for failure to use ULSDF or BAT. The first offense is for $1,000 and it ULSDF or BAT. The first offense is for $1,000 and it then becomes $5,000 for a second or third offense and then becomes $5,000 for a second or third offense and up to $10,000 for a default penalty, plus twice the up to $10,000 for a default penalty, plus twice the amount of money saved by the contractor. The second amount of money saved by the contractor. The second penalty range is for falsifying records which carries a penalty range is for falsifying records which carries a $20,000 penalty for a first, second or third violation which $20,000 penalty for a first, second or third violation which then becomes $25,000 for a default penalty, plus twice then becomes $25,000 for a default penalty, plus twice the amount of money saved by the contractor.the amount of money saved by the contractor.

COMMENTS AND QUESTIONSCOMMENTS AND QUESTIONS