1. Overview of Local Law 77 Presented by Geraldine Kelpin

2. BAT SELECTION PROCESS: GENERAL OVERVIEW: LL77 The rule which may be found on the DEP website: http://www.nyc.gov/html/dep/pdf/ll77.pdf requires the use of a verified Diesel Particulate Filter (DPF) for nonroad vehicles, 50 horsepower or greater used in city construction. The rule also applies to nonroad vehicles, 50 horsepower or greater that are owned, operated or leased by the City of New York. There is one additional exception for our city fleet. http://www.nyc.gov/html/dep/pdf/ll77.pdf However, if a DPF is not technologically feasible, then the use of a Flow Through Filter (FTF) and then a Diesel Oxidation Catalyst (DOC) is permitted after a showing that operational constraints or physical, chemical, or engineering principles preclude the effective use of the nonroad vehicle with a DPF.

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

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

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

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

7. WAIVERS Waivers are not frequently granted given the fact that DPFs (verified active) are now more often than not able to achieve the requisite temperature to function properly. Those offroad vehicles that are equipped with DOCs should evaluate an upgrade to a DPF if it has been three years since last installed.

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

9. SELECTION APPLICABILITY 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 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. A contractor or agency that selects a DPF/CARB verified technology, but which has since been removed from the EPA/CARB list, during the 30 months following installation, may not reuse the technology after the 3 years. If the technology is removed from the EPA/CARB site 6 months preceding the 3 year conclusion, or after the conclusion of the 3 years, may use that technology for an additional 6 months following the date it was removed form the list.

10. LL 77 Progress: as of 6/30/08 Vehicles Owned: all using ULSDF Retrofitted w BAT Vehicles Leased: all using ULSDF DEP: 148 5959 DDC: 0 2234 DCAS: 5 40 DSNY: 396 2610 DOT: 88 700 Parks: 205 950

11. Monthly Reporting Form: LL77

12. Diesel Inventory Reporting Form: LL77

14. Huss MK System Active Diesel Particulate Filter on exterior of a Cat 315D Excavator

15. Engine Control Systems Purifilter DPF on exterior of IR 185 Compressor

16. Ingersoll Rand Compressor ECS Purifilter

17. Komatsu Excavator

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

19. COMMENTS AND QUESTIONS