[Adopted 2-21-2006 by L.L. No. 3-2006]
This article shall be known as "the Rockland
County Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology
Act."
As used in this article, the following terms
shall have the meanings indicated:
Technology, verified by the United States Environmental Protection Agency or the California Air Resources Board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in § 137-5 of this article, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
Any department of Rockland County government that uses diesel-powered
vehicles in any capacity. It does not include contract agencies.
The value specified by the manufacturer of a motor vehicle
model as the maximum design loaded weight of a single vehicle of that
model.
A vehicle owned by the County and operated or driven upon
a public highway which is propelled by any power other than muscular
power, except electrically driven mobility assistance devices operated
or driven by a person with a disability; provided, however, that this
term shall not include vehicles that are specially equipped for emergency
response by the Office of Fire and Emergency Management, or the Sheriff's
office.
Any individual, partnership, firm, company, association,
joint-stock association, corporation or other like organization.
Means that such technology does not cost greater than 40% more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in § 137-5 of this article, when considering the cost of the strategies, themselves, and the cost of installation.
A motor vehicle defined as specially equipped pursuant to
rules and regulations developed and approved by an appropriate department
of County government designated by the County Executive, and adopted
by the Legislature of Rockland County.
Diesel fuel that has a sulfur content of no more than 15
parts per million.
A.
Each diesel-fuel-powered motor vehicle owned, leased,
or operated by a County department shall be powered by ultra low sulfur
diesel fuel.
B.
Diesel-fuel-powered motor vehicles having a gross
vehicle weight rating of more than 8,500 pounds that are owned or
operated by County departments shall utilize the best available retrofit
technology or be equipped with an engine certified to the applicable
2007 United States Environmental Protection Agency standard for particulate
matter as set forth in Section 86.007-11 of Title 40 of the Code of
Federal Regulations or to any subsequent United States Environmental
Protection Agency standard for such pollutant that is at least as
stringent, pursuant to the following schedule:
|
Compliance Date
|
Percentage of Vehicles to be in Compliance
|
|---|---|
|
By January 1, 2007
|
10%
|
|
By January 1, 2008
|
20%
|
|
By January 1, 2009
|
30%
|
|
By January 1, 2010
|
50%
|
|
By January 1, 2011
|
70%
|
|
By January 1, 2012
|
90%
|
|
By July 1, 2012
|
100%
|
A.
The County Executive shall make determinations, and
shall publish a list containing such determinations, as to the best
available retrofit technology to be used for each type of diesel-fuel-powered
motor vehicle to which this article applies. Each such determination
shall be reviewed and revised, as needed, on a regular basis, but
in no event less often than annually.
B.
The County Executive may determine that a technology, whether or not it has been verified by the United States Environmental Protection Agency or the California Air Resources Board, may be appropriate to test, on an experimental basis, on a particular type of diesel-fuel-powered motor vehicle owned or operated by a County department. The County Executive may authorize such technology to be installed on up to three of such type of motor vehicle. Any motor vehicle on which such technology is installed may be counted for the purpose of meeting the requirements of § 137-3B of this article. Such technology shall not be required to be installed on other motor vehicles of the same type and shall be subject to the provisions of Subsection C of this section.
C.
No County department shall be required to replace best available retrofit technology or experimental technology utilized for a diesel-fuel-powered motor vehicle in accordance with the provisions of this section within three years of having first utilized such technology for such vehicle, except that technology that falls within Level 4, as set forth in § 137-5 of this article, shall not be required to be replaced until it has reached the end of its useful life.
The classification levels for diesel emission
control strategies are as follows, with Level 4 being the highest
classification level:
A.
Level 4: strategy reduces diesel particulate matter
emissions by 85% or greater or reduces engine emissions to less than
or equal to 0.01 gram diesel particulate matter per brake horsepower-hour.
B.
Level 3: strategy reduces diesel particulate matter
emissions by between 50% and 84%.
C.
Level 2: strategy reduces diesel particulate matter
emissions by between 25% and 49%.
D.
Level 1: strategy reduces diesel particulate matter
emissions by between 20% and 24%.
The County Executive shall issue a written determination
that permits the use of diesel fuel that has a sulfur content of no
more than 30 parts per million to fulfill the requirements of this
article if ultra low sulfur diesel fuel is not available to meet the
needs of County departments to fulfill the requirements of this article.
Such determination shall expire after six months and shall be renewed
in writing every six months if such lack of availability persists,
but in no event shall be in effect after September 1, 2006.
The County Executive may issue a waiver for the use of ultra low sulfur diesel fuel where a County department makes a written finding, approved in writing by the County Executive, that a sufficient quantity of ultra low sulfur diesel fuel, or diesel fuel that has a sulfur content of no more than 30 parts per million where a determination is in effect pursuant to § 137-6 of this article, is not available to meet the requirements of this article, provided that such department, to the extent practicable, shall use whatever quantity of ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of no more than 30 parts per million that is available for its diesel-fuel-powered motor vehicles. Any waiver issued pursuant to this section shall expire after two months, unless the County department renews the finding, in writing, and the County Executive approves such renewal, in writing.
A.
Not later than January 1, 2007, and not later than
January 1 of each year thereafter, the appropriate department or departments
of County government, as determined by the County Executive, shall
submit a report to the County Executive and Legislature of Rockland
County regarding, among other things, the use of ultra low sulfur
diesel fuel and the use of the best available retrofit technology
by diesel-fuel-powered motor vehicles owned or operated by County
departments during the immediately preceding calendar year. The information
contained in this report shall include, but not be limited to, for
each County department:
(1)
The total number of diesel-fuel-powered motor vehicles
owned or operated by such department;
(2)
The number of such motor vehicles that were powered
by ultra low sulfur diesel fuel;
(3)
The total number of diesel-fuel-powered motor vehicles
owned or operated by such department having a gross vehicle weight
rating of more than 8,500 pounds;
(4)
The number of such motor vehicles that utilized the
best available retrofit technology, including a breakdown by motor
vehicle model, engine year and the type of technology used for each
vehicle;
(5)
The number of such motor vehicles that are equipped
with an engine certified to the applicable 2007 United States Environmental
Protection Agency standard for particulate matter as set forth in
Section 86.007-11 of Title 40 of the Code of Federal Regulations or
to any subsequent United States Environmental Protection Agency standard
for particulate matter that is at least as stringent;
(6)
The number of such motor vehicles that utilized technology in accordance with § 137-4B and the results and analyses regarding the testing of such technology; and
(7)
All waivers, findings, and renewals of such findings, issued pursuant to §§ 137-6 and 137-7 of this article, that, for each waiver, shall include, but not be limited to, the quantity of diesel fuel needed to power diesel-fuel-powered motor vehicles owned or operated by such department; specific information concerning the availability of ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of no more than 30 parts per million where a determination is in effect pursuant to § 137-6 of this article; and detailed information concerning the department's efforts to obtain ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of no more than 30 parts per million where a determination is in effect pursuant to § 137-6 or 137-7 of this article.
B.
Where a determination is in effect pursuant to § 137-6 or 137-7 of this article, information regarding diesel fuel that has a sulfur content of no more than 30 parts per million shall be reported wherever information is requested for ultra low sulfur diesel fuel pursuant to Subsection A of this section.
