volkswagen diesel settlement - new york state … diesel settlement public comment environmental...

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Volkswagen Diesel SettlementPublic CommentEnvironmental Mitigation Plan

James Symon, P.E.

Division of Air Resources

July 20, 2017

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Overview

• Outreach to gather public input and comments• Partial Consent Decrees (and Appendices)• Appendix D - NOx mitigation• Funding timeline• Environmental Mitigation Plan

Fig. 1. Volkswagen Golf (“Wikipedia Commons”)

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Excess NOx Emissions

• VW, Audi, Porsche (“VW”) equipped with emissions defeat devices• 2.0 and 3.0 liter light duty diesel vehicles• Model years 2009-2015• More than 25,000 registered in NYS

Fig. 2. Volkswagen Vehicle Emissions Test (“TimesFreePress”)

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Appendix D: NOx Mitigation Trust Agreement

$2.7 billion to be spent nationwide over 10 years• Up to $127.7 million allotted to New York State • Repower/Replace older diesel powered vehicles and equipment• Up to 15% for light duty electric vehicle charging infrastructure.

Partial Consent Decree

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Eligible Mitigation Actions*

1. Class 8 Local Freight Trucks and Port Drayage Trucks (Eligible Large Trucks)2. Class 4-8 School Bus, Shuttle Bus, or Transit Bus (Eligible Buses)3. Railroad Freight Switchers4. Ferries/Tugs5. Ocean going Vessels (OGV) Shorepower6. Class 4-7 Local Freight Trucks (Eligible Medium Trucks)7. Airport Ground Support Equipment8. Forklifts and Port Cargo Handling Equipment9. Light Duty Zero Emission Vehicle Supply Equipment10. Voluntary matching funds for projects eligible under the DERA* Most projects require a cost share

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1. Class 8 Local Freight Trucks and Port Drayage Trucks (Eligible Large Trucks)

1992 -2009 engine model year Class 8 truck Government Owned Non-Government Owned

Repower with new diesel or alternate fueled

engine

Up to 100% Up to 40%

Replace with new diesel or alternate fueled vehicle Up to 100% Up to 25% (local freight)

Up to 50% (drayage)

Repower with all-electric engine

(includes infrastructure)


Purchase new all-electric vehicle

(can include infrastructure)


Alternate fuels include CNG, propane, hybrid

Fig. 3. Class 8 Drayage Truck (“Wikipedia Commons”)`

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2. Class 4-8 School Bus, Shuttle Bus, or Transit Bus (Eligible Buses)

Bus with 2009 engine model year and older Government

Owned

Non-Government

Owned

Repower with new diesel or alternate fueled engine Up to 100% Up to 40%

Replace with new diesel or alternate fueled vehicle Up to 100% Up to 25%







Government owned includes privately owned school buses under contract with a public school district


Fig. 4. School Bus (“Wikipedia Commons”)`

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3. Freight Switchers

Switcher with pre-Tier 4 that operate 1000 hours + a year Government

Owned

Non-Government

Owned

Repower with new diesel or alternate fueled engine or

generator sets


Replace with new diesel or alternate fueled freight

switcher certified to meet USEPA emission standards





Purchase new all-electric freight switcher




Fig. 5. Freight Switcher (“Wikipedia Commons”)

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4. Ferry/TugsFerries/Tugs with unregulated, Tier 1, Tier 2 marine engines Government

Owned

Non-Government

Owned

Repower with new diesel or alternate fueled engine or generator sets Up to 100% Up to 40%





No funding for replacement ferries/tugs

Fig. 6. Tugboat (“Wikipedia Commons”)

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5. Ocean Going Vessel (OGV) Shorepower

Ocean Going Vessel Shorepower Government

Owned

Non-Government

Owned

Shore-side system connected with local utility Up to 100% Up to 25%

Fig. 7. OGV Shorepower (“Flickr”)

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6. Class 4-7 Local Freight (Medium Trucks)

(GVWR 14,000 to 33,000 lbs)

1992 - 2009 engine model year medium trucks Government

Owned

Non-Government

Owned

Repower with new diesel or alternate fueled engine Up to 100% Up to 40%

Replace with new diesel or alternate fueled vehicle Up to 100% Up to 25%


(including infrastructure)






Fig. 8. Medium Duty Truck (“Wikipedia Commons”)

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7. Airport Ground Support EquipmentTier 0, Tier 1, Tier 2

Uncertified, or certified to 3 g/bhp-hr spark ignition

Government

Owned

Non-Government

Owned







Electrification projects only

No new diesel or alternate fuel projects

Fig. 8. Airport Ground Support (“Wikipedia Commons”)

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8. Forklifts and Port Cargo Handling Equipment

Forklifts with greater than 8,000lb lift capacity Government

Owned

Non-Government

Owned







Electrification projects only

No new diesel or alternate fuel projects

Fig. 9. Electric Terminal Truck (“Orange EV”)

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9. Light Duty Zero Emission Vehicle Supply Equipment

Level 1, Level 2, or fast charging equipment Funding

Available to public at government owned property Up to 100%

Available to public at non=government owned property Up to 80%

Available to workplace but not the general public Up to 60%

Available at a multi-unit dwelling but not the general

public

Up to 60%

Purchase, install, and maintain

Appendix D-2 cap at 15% of mitigation fund total

Hydrogen fuel cell vehicle supply equipment (70 MPa) Funding

Available to public and capable of dispensing 250kg/day Up to 33%

Available to public and capable of dispensing 100kg/day Up to 25%Fig. 10. ZEV Charging station (“NYPA”)

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10. Diesel Emission Reduction Act (DERA) Option

EPA funding must be approved each yearVW funds for voluntary non-federal matching fundsPast projects in NY included: • The incremental cost for propane school bus• Locomotive Auxiliary Power Units (anti-idle technology)• School bus exhaust retrofits (emission reduction technology)• School bus coolant heaters (anti-idle technology)

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Typical DERA Funding Levels

DERA funding revisited annuallyScrappage Program – no fleet expansion

Typical DERA Funding Levels DERA Funding Required Match

Repower Locomotive, Marine, Non-road 40% 60%

Repower Highway Diesel 40% 60%

Replace Locomotive, Marine, Non-road 25% 75%

Replace Highway Diesel 25% 75%

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DERA Math - Highway Diesel Replacement

Example for a State Clean Diesel DERA grant of $100,000:$100,000 Federal DERA funds$100,000 Match (VW funds)+$50,000 Federal bonus$250,000 Total DERA/Match available

Highway diesel vehicle replacement (75% cost share*)$250,000 DERA/Match funds + $750,000 non-federal funds (non-VW) $1,000,000 in Total Project Costs

*DERA cost share varies by project type

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Vehicle/Engine Scrappage Program

• Repower – 3 inch hole cut in old engine • Replacement – Chassis cut, 3 inch hole cut in old engine • Cannot keep or resell existing vehicle• No fleet expansion• Proper disposal of old diesel engine/vehicle

Fig. 11. Scrapped School Bus (“stnonline.com”)

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VW Environmental Mitigation Trust Timing

Timing Estimated Date Consent Decree Milestone

Settlement Effective Date (SED) October 25, 2016Consent Decree entered into

court (actual)

SED + 30 Days November 24, 2016 Trustee candidates submitted

Trust Effective Date (TED) Summer 2017Establishment of Environmental

Trust

TED + 15 days ? Trustee established trust account

TED + 30 days ?Governmental entities file

Certification Forms

TED + 120 days (note: proposed

consent decree includes the phrase

“no later than”, so the Trustee may

grant Beneficiary status sooner than

120 days)

?Trustee approves/denies

Beneficiary status

TED + 210 days (not later than 90

days after being deemed a

Beneficiary)

?Beneficiary Mitigation Plan

submitted

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Funding Availability Timeline

10 years to complete all projects

Additional 5 years possible for additional time or redistributed.

Funding Availability Funding Released

Year 1 1/3 of Funding



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Settlement Requirements for a Mitigation Plan

• Eligible Mitigation Action(s)• Support air quality goals• Ability to deploy in timely manner• Take into account neighborhoods receiving disproportionate amount of

diesel emissions• Outreach for stakeholder input

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Areas that have received a disproportionate amount of diesel emissions may include:

• Railyards• Seaports• Airports• Distribution Centers• Bus Depots

Fig. 12. Sunnyside Railyard LIC (“Wikipedia Commons”)

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Project Organization

• Appendix D-2 Eligibility• Define project (e.g., inventory of vehicles to be replaced)• Project time frame • Define total projects costs, consider potential required cost share• Determine cost effectiveness of proposed lifetime NOx reductions• Take into account neighborhoods receiving disproportionate amount of

diesel emissions

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Questions?

Submit Mitigation Ideas/Comments

Website: www.dec.ny.gov/chemical/109784.htmlEmail: [email protected]

Contact Info:NYSDECBureau of Mobile Sources – App D625 BroadwayAlbany, NY 12233-3255518-402-8292

http://www.dec.ny.gov/chemical/109784.html

mailto:[email protected]

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