Legislative and Regulatory Overview

Legislative and Regulatory Overview Diesel Engine Emission

Legislation & Compliance

Illinois Equipment DistributorsOctober 14, 2009

Bob JonesSES, Inc.

1400 Powis RoadWest Chicago, IL 60185

Legislative and Regulatory Overview

• O’Hare Modernization Program

• Illinois Tollway

• Cook County

• State of Illinois

O’Hare Modernization

O’Hare Modernization Program

O’Hare Modernization Program

Effective Currently.

Fuel Use Ultra low sulfur diesel 50+ HP

1) Off road equipment used by contractors, subs and suppliers on site for 14 consec-utive days.

2) OR On road equipment transporting materials to and from site exceeding 5 days/month.

OMP - continuedEquipment Technology On site 14 consecutive days.

Diesel Oxygen Catalysts OR

Diesel Particulate Filters.

1) On EPA verified retrofit technology list

verified by Californian Resources Board.

2) OR Verified by EPA or represented by Mfg. to provide reduction of 20% PM, 20% CO and 40% HC with ultra low sulfur fuel.

3) OR EPA Tier II or newer.

4) OR 50 - 99 HP 2004 Model Year

199 - 299 HP 2003 Model Year

300 - 579 HP 2001 Model Year

600 - 749 HP 2002 Model Year

750 - UP 2006 Model Year

OMP - continuedCompliance Submit monthly fuel use for each vehicle.

Prior to start. Contractor must submit detailed list of

equipment and vehicles on site.

1) Contractor name.

2) Equipment number, type, make, model, year, HP rating, VIN.

3) EPA Tier-Rule compliant level or

emission control device make, model

and EPA or manufacturer verification

letter.

OMP - continuedPenalty Penalty for not submitting fuel report or

machine information is withholding monthly progress payments.

Idling

Restrictions

Diesel powered vehicles and equipment:

No more than 5 consecutive minutes per

60 minute period, if not in use, occupied by operator or otherwise in motion.

Exemptions are for traffic conditions, ambient temperatures and/or repair.

Illinois Tollway• Timing: Currently in effect.• Applies to all 50 HP+ Diesel Equipment used on Project either; 1) Retrofitted with emission control device and use “on-road” <500 ppm in sulfur content, 2) Or use ULSD.• All construction motor vehicles, on-road, off-road,

gas or diesel shall comply with state and federal emission controls, including opacity.

Illinois Tollway – continued

• The Retrofit Device Must Be:

1. EPA Verified Retrofit Technology list.

2. Minimum Reduction of 20% PM, 40% CO and 50% HC with on-road diesel fuel.

Illinois Tollway – continued

• Contractor submits a list of equipment. 1. Using on-road diesel and an emission control device. 2. Or ultra low sulfur diesel. List Includes: A) Equipment Number Type, Make, Contractor Name B) Emission Control Device Make, Model, EPA Verification Number C) Type and Source of Clean Fuel 3) Submit monthly report updating equipment and certified copies of fuel delivery slips by machine.

Illinois Tollway – continuedPenalty

• 1. Non-compliant equipment cannot be on

site.

• 2. Notice of Non-compliance.

• 3. Environmental deficiency deduction.

Illinois Tollway – continuedIdling Law

• Public Act 094-0845 (June 2006) restricts

diesel truck and bus idling to 10 Minutes,

5 minute load and unload exemptions for

driver comfort, safety and cargo.• Penalty

First Offense – warning.

Second Offense – Environmental Deficiency

Deduction.

Cook County

Cook CountyEffective Now All contracts $2 million or more, Ultra Low Sulfur Diesel.

On Road

Technology

Within two years from 05/28/09 for heavy duty diesel vehicles, 8500 pounds gross vehicle weight, verified diesel emission

control device, 85% particulate matter reduction.

OR

Reduces emissions to less than .01 grams of PM per brake

horsepower-hour.

OR

Repower or replace with an engine meeting USEPA 2007

heavy duty highway diesel standards.

OR

For non-road, an engine meeting Tier 4 non-road diesel

standards.

OR

New diesel engines meeting said emission standards.

Cook County - continuedExceptions

A) Heavy duty vehicle on site working 3 days or less over life of project.

B) If Cook County finds vehicle cannot be retrofit with Level 3 controls then Level 2 controls apply. If Cook County finds vehicle can not be retrofit with Level 2 controls then Level 1 controls apply.

C) Any heavy duty diesel vehicle with Level 2 controls installed prior to effective date (05/28/09) shall have one additional year to comply.

D) Any contractor that owns or operates 5 or less HD diesel vehicles shall have additional 2 years to comply.

Cook County – continuedNon-Road

• Within two years from 05/28/09.• Technology Level 2 controls verified diesel emission control

device achieving 50% particulate matter reduction.• Exceptions: a) Non-road vehicle working 3 days or less over life of project. b) If Cook County finds vehicle can not be retrofit with Level 2

controls then level 1 controls apply. c) Any non-road vehicle with Level 1 controls installed prior to

05/28/09 shall have one additional year to comply. d) Any contractor that own or operates 5 or less non-road

vehicles shall have additional two years to comply.

Cook County - continuedNon-Road

Effective January 1, 2014• Technology Level 3 controls 85% PM reduction;

OR• Less than .01 grams PM per brake HP – hour;

OR• Tier 4 non-road diesel;

OR• New diesel engines meeting said emission standards.

Cook County - continuedExceptions

A) Non-road diesel vehicles on site working three days or less over life of project.

B) Contractors operating 5 or fewer diesel non-road vehicles have additional two years to comply.

Cook County – continuedCompliance

Thirty days before beginning work, contractor submits list of HD vehicles, non-road and generators to be used on project.

1) Name and contact person submitting list.2) Equipment type, manufacturer, engine model year, engine certification

(Tier rating), HP, plate, serial number, expected fuel usage or hours of operation.

3) Pollution control technology installed, technology type, serial number, make, model, manufacturer, EPA/CARB verification number/level, installation date.

4) Must submit a request to add equipment not on list for prior approval.

IdlingDuring periods of inactivity, idling shall not exceed time allowed under state

and local laws.

Cook County – continued Enforcement 1) Contractor liable for a fee of $200 for review of contractors

compliance.

2) Random inspections.

3) Non compliant equipment removed or retrofit within

24 hours.

Penalty - Liquidated

Damages

1) $5,000 for each violation. (Each piece of non-complying equipment and each day is a separate violation), not to exceed $50,000 for any one piece of equipment.

2) Any false statement by contractor in any matter relating to compliance will result in the contractor paying $10,000 to the County for each such statement.

3) Fees and liquidated damages to Cook County Environmental Management Fund.

State of Illinois

State of IllinoisAuthority Executive Order Number 11 issued

by Governor Quinn April 22, 2009

Effective Now

All state funded road construction in non-attainment zones.

Fuel Ultra low sulfur diesel.

Equipment All off-road vehicles:

Verified diesel emission control device that achieves a particulate matter emission reduction of 50%.

PMGrams per brake horsepower – hour.

HP Tier 1 Tier 2 Tier 3 Tier 4

Interim Final

50 - 74 - .30 .30 .22 .022

75 - 99 - .30 .30 .015 .015

100 -174 - .22 .22 .015 .015

175-299 .40 .15 .15 .015 .015

300-599 .40 .15 .15 .015 .015

600-750 .40 .15 .15 .015 .015

SUMMARY O’Hare Modernization Program (OMP)

Tollway

Effective Now Now

Fuel ULSD Control device and on road

fuel or ULSD

Equipment 14 Days

EPA/DOC or DPF

20% PM

20% CO

40% HC

or

Tier II

or

50 - 99 2004

100 - 299 2003

300 - 599 2001

600 – 749 2002

750 up 2006

EPA Tech listed

On Road Fuel

20 PM

40 CO

50 HC

SUMMARY OMP Tollway

Contractor

Submit

Detailed Equip. List

Control Device

Fuel Type

Fuel Use - Monthly

Detailed Equipment List and Control

Device

Idling 5 Min/60Min. Full use-monthly

10 Min.–truck & bus

5 Min. Load and

Unload