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Louisiana Department of Environmental Quality Issues Public Notice on Volkswagen Civil Settlement
Friday, March 31, 2017
On Jan. 4, 2016, and as amended on Oct. 7, 2016, the United States, on behalf of the Environmental Protect Agency (EPA), filed a complaint against Volkswagen (VW) alleging violations of the Clean Air Act regarding approximately 500,000 model year 2009 to 2016 vehicles containing 2.0 liter diesel engines and approximately 80,000 model year 2009 to 2016 motor vehicles containing 3.0 liter diesel engines. The complaint alleges that each of these vehicles contains, as part of the computer control modules, certain algorithms and calibrations that cause the emissions control systems to perform differently during normal vehicle operation and use than when undergoing emissions testing. The use of these prohibited defeat devices caused the vehicles to produce NOx emissions significantly in excess of those allowed by law. On June 28, 2016, the State of California, the California Air Resources Board (CARB), filed a similar complaint against Volkswagen.
Partial Consent Decree
The consent decree provides for the establishment of an Environmental Mitigation Trust to provide funds to the states to remediate the air quality impacts of the 2.0 liter vehicle emissions. Louisiana’s initial share is approximately $18 million over a three-year period. The $18 million to be distributed from the trust fund will pay for defined eligible projects also known as eligible mitigation actions. These include projects to reduce NOx from heavy duty diesel sources near population centers, such as large trucks, school and transit buses. A complete list of eligible mitigation actions is found in Appendix D-2 of the Consent Decree. The goal of each Eligible Mitigation Action shall be to achieve reductions of NOx emissions in the United States.
Louisiana Projects
The state has announced that it will distribute the Mitigation Trust Fund dollars among lasting, sustainable solutions. To this end, the state will give preference to projects proposed by public agencies that offer long-term benefits to the community at large.
The state is considering the replacement of or repowering of publicly owned school buses as provided in the Consent Decree and the replacement of or repowering of aging state-owned heavy equipment fleet vehicles that are eligible under the mitigation trust. The vehicles will be replaced with new cleaner vehicles and or new cleaner burning engines.
As identified in Appendix D, other options are available for consideration.
How to Apply
All proposals must be received by the LDEQ no later than 4:30 p.m. Tuesday, June 27, 2017. Proposals may be submitted by email at perry.theriot@la.gov; faxed to 225-219-0000; mailed to the Department of Environmental Quality, Attn: Perry Theriot, P.O. Box 4303, Baton Rouge, LA 70821-4303; or it may be hand delivered to 602 N. Fifth Street, Baton Rouge, LA 70802.
View the Full Public Notice: How to submit your RFP to LDEQ
The full Partial Settlement, including Appendix D is available for review at: https://www.justice.gov/opa/file/871306/download.
Related Links
- EPA – Volkswagen Clean Air Act Civil Settlement
- EPA – Amended 2.0 Liter Partial Consent Decree
- EPA – Webinar for Prospective Beneficiaries to the Mitigation Trust
- CARB – VW 2.0 Liter Settlement Information
- CARB – Subscribe to VW Settlement Updates
- NACAA – State and Local Agency Information
Want to learn more?
Register to attend the LCF Odyssey Day celebration on April 20th in Baton Rouge to hear LDEQ Secretary, Dr. Chuck Carr Brown speak on how the state plans to distribute the funds.
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Question: What factors do employers need to consider when establishing a workplace charging program?
Answer: While there is not a one-size-fits-all solution for workplace charging, there are a number of resources available to help employers design, implement, and manage the right program for their organization.
Assess Demand
Employers considering whether workplace charging is right for their organization will want to start by assessing employee demand with an employee survey (https://energy.gov/eere/vehicles/downloads/sample-employee-survey-workplace-charging-planning). Once this assessment is complete, employers may set goals for meeting workplace charging demand, either by planning to meet the entire need (i.e., all drivers that have expressed or will express interest in PEV charging) or by dedicating a percentage of parking spaces to PEV charging. For example, Google has a goal to dedicate 5% of all parking spaces to workplace charging.
Procure and Install
Employers should determine what types of charging stations to purchase. There are a few decisions to make, including the following:
- Charging Level: There are benefits and drawbacks to both Level 1 and Level 2 charging stations in the workplace. Employers must evaluate which option is best for their facilities. For more information about the differences between charging levels and their merits for workplace charging, see the U.S. Department of Energy’s (DOE) Workplace Charging Station Basics page (https://energy.gov/eere/vehicles/workplace-charging-station-basics).
- Networking: Charging station networks provide maintenance, customer service, and energy monitoring capabilities, and collect payment on behalf of the station owner. However, networks require a fee, and employers will need to consider whether the convenience of charging networks outweighs the financial cost. For more information, see the DOE’s Workplace Charging Level 2 page (https://energy.gov/eere/vehicles/level-2-charging-workplace).
Employers should also be sure to get quotes from a number of charging station providers. For more guidance, see the DOE’s Workplace Charging Sample Request for Proposal document (https://energy.gov/eere/vehicles/downloads/request-proposal-guidance). Employers will work with their electrical contractor to determine charging station placement; station installation can be an expensive process, but employers can minimize costs by siting stations in locations that require minimal trenching, boring, and electrical panel upgrades. For more information about siting and installation, see the DOE’s Workplace Charging Equipment and Installation Costs page (https://energy.gov/eere/vehicles/workplace-charging-equipment-and-installation-costs).
Manage
A well-managed, well-planned workplace charging program can ensure station access to all employees, promote strong communication between employers and station users, and encourage responsible station use.
- Registration and Liability: Many employers require employees to register their PEV, which allows the employer to identify the number of vehicles using their charging stations. For example, employers can give registered vehicles a mirror hangtag or window sticker that identifies the vehicle as having permission to use the charging stations. A registration form may also include language that requires vehicle owners to agree not to hold the employer responsible for any damage to the vehicle that occurs while it is parked at the charging station. For more information, see the DOE’s Workplace Charging Registration and Liability page (https://energy.gov/eere/vehicles/workplace-charging-management-policies-registration-liability).
- Station Sharing: It is important to emphasize that workplace charging is a privilege, not a right. Employees may be obligated to share stations with their colleagues and comply with established charging time limits. While an employer can set up systems for sharing stations, such as reserving the station (similar to how an employee would reserve a conference room) or establishing a set schedule for use, most employers allow users to resolve station-sharing conflicts themselves. However, it is important to establish consequences for violating station policies, such as using a station for less than four hours. By framing workplace charging as a privilege, an employer reserves the right to restrict access for employees that routinely violate company policy. For more information about how to establish workplace charging policies and encourage station sharing, see the DOE’s Workplace Charging Station Sharing page (https://energy.gov/eere/vehicles/workplace-charging-management-policies-sharing).
- Pricing: While most employers offer workplace charging for free, charging for station use can be a good way to manage demand. Employers may charge for electricity (e.g., per kilowatt hour) or for time (e.g., per hour), depending on preference and applicable regulations. Employers can motivate employees to move their vehicles and share the stations by charging a nominal fee (or no fee) for the first set number of hours (e.g., four hours) and then raise the fee for subsequent time that the vehicle is parked in the space. For more information, see the DOE’s Workplace Charging Pricing page (https://energy.gov/eere/vehicles/workplace-charging-management-policies-pricing).
For more resources about workplace charging, see the DOE’s Workplace Charging website (https://energy.gov/eere/vehicles/workplace-charging), explore the Clean Cities’ Workplace Charging Toolkit (https://cleancities.energy.gov/technical-assistance/workplace-charging /), or contact the TRS at technicalresponse@icf.com.
Clean Cities Technical Response Service Team
technicalresponse@icf.com
800-254-6735
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