[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Rules and Regulations]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21779]


[[Page Unknown]]

[Federal Register: September 2, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 85

[FRL-5064-4]

 

Retrofit/Rebuild Requirements for 1993 and Earlier Model Year 
Urban Buses; Status of Equipment Certified and Emissions Levels To Be 
Used by Operators Using Option 2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: In the final rule regarding retrofit/rebuild requirements for 
1993 and earlier model year urban buses (58 FR 21359, April 21, 1993), 
EPA stated that it would review retrofit/rebuild equipment that was 
certified by July 1994 and publish the post-rebuild particulate matter 
emission levels for urban bus engines affected by the program. These 
post-rebuild levels are to be used by operators for calculating their 
fleet emission levels under Option 2. This Federal Register document 
fulfills that commitment.
    As of July 1, 1994, no equipment had been certified for the Urban 
Bus Retrofit/Rebuild Program. Operators choosing to comply with Option 
2 during 1995 and 1996 must use the PM levels as specified in the 
columns labeled ``Pre-rebuild PM level'' and ``Post-rebuild PM level'' 
in the table provided at 40 CFR Sec. 85.1403(c)(1)(iii)(A).

EFFECTIVE DATE: The information of this notice is effective as of 
September 2, 1994.

ADDRESSES: This notice, as well as other materials relevant to the 
final rule, is contained in Public Docket A-91-28. This docket is 
located in room M-1500, Waterside Mall (ground floor), U.S. 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460.
    Dockets may be inspected from 8:00 am until 4:00 pm, Monday through 
Friday. As provided in 40 CFR Part 2, a reasonable fee may be charged 
by the Agency for copying docket materials.

FOR FURTHER INFORMATION CONTACT: William Rutledge, Technical Support 
Branch, Manufacturers Operations Division (6405J), U.S. Environmental 
Protection Agency, 401 M Street SW., Washington, D.C. 20460. Telephone: 
(202) 233-9297.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 219(d) of the Clean Air Act requires EPA to promulgate 
regulations that require certain 1993 and earlier model year urban 
buses having engines, which are replaced or rebuilt after January 1, 
1995, comply with an emission standard or control technology reflecting 
the best retrofit technology and maintenance practices reasonably 
achievable. On April 21, 1993, EPA published final Retrofit/Rebuild 
Requirements for 1993 and Earlier Model Year Urban Buses (58 FR 21359). 
The Urban Bus Retrofit/Rebuild Program requires affected operators of 
urban buses to choose between two compliance options. Option 1 
establishes particulate matter (PM) emissions requirements for each 
urban bus in an operator's fleet whose engine is rebuilt or replaced. 
Option 2 is a fleet averaging program that sets out specific annual 
target levels for average PM emissions from urban buses in an 
operator's fleet.
    In the final rule, EPA stated that it would review the retrofit/
rebuild equipment that was certified by July 1, 1994, and publish the 
post-rebuild PM emission levels for urban bus engines affected by the 
program. These post-rebuild levels are to be used by operators choosing 
to comply with Option 2 for calculating their fleet emission levels. 
This Federal Register document fulfills that commitment.
    No equipment had been certified as of July 1, 1994. This notice 
therefore confirms that the default provisions of the final rule that 
are designed to assure emissions reduction for the program shall be 
effective for the first two years of the program, 1995 and 1996. 
Emission levels that are to be used in the event that no equipment is 
certified by July 1994 are set forth in the table provided at 40 CFR 
85.1403(c)(1)(iii)(A) of the regulations promulgated in the April 1993 
final rule.
    The preamble to the April 21, 1993 final rulemaking stated that EPA 
intended to publish in this notice a table indicating required post-
rebuild PM emission levels for all affected urban buses. EPA also 
stated that it would append its determination regarding post-rebuild 
emission levels to the CFR as an appendix to part 85 subpart O (the 
subpart of the CFR containing the urban bus retrofit/rebuild 
regulations). However, because no equipment was certified by July 1, 
1994, the default post-rebuild emission levels, which are already 
contained in the regulation, will apply. Thus, EPA believes that there 
is no need to add an appendix to subpart O at this time.
    In July 1996, EPA will review the retrofit/rebuild equipment 
certified by July 1, 1996 and publish the emission levels which must be 
used by operators using Option 2 for calendar years 1997 and 
thereafter.

II. Review of Certified Equipment and Program Requirements

    As noted above, no equipment was certified by July 1, 1994 as 
meeting the emissions and cost requirements for the urban bus retrofit/
rebuild program. Therefore, pursuant to 40 CFR 
85.1403(c)(1)(iii)(B)(5), operators choosing to comply with Option 2 
must use the PM levels specified in the columns labeled ``Pre-rebuild 
PM level'' and ``Post-rebuild PM level'' in the table provided at 
Sec. 85.1403(c)(1)(iii)(A) for calculating the target level for their 
fleet (TLF). The determination of whether to use the pre-rebuild 
emission level or the post-rebuild emission level must be made in 
accordance with 40 CFR 85.1403(c)(1)(iv).
    An urban bus operator choosing Option 2 must be able to demonstrate 
that its fleet level attained (FLA) is equal to or less than its TLF. 
In general, an operator choosing Option 2 has the following strategies 
available to comply with this requirement:
    (1) Using retrofit/rebuild equipment that has been certified 
subsequent to this Federal Register notice;
    (2) For 1979 through 1987 model year Detroit Diesel Corporation 
(DDC) 6V92TA engines, using the currently available DDC Coach Upgrade 
Program (kit), discussed below, which brings these engines to a 
configuration certified for model years 1988 or 1989;
    (3) Replacing engines in affected urban buses with 1994 or later 
model year engines certified under EPA's new engine certification 
program;
    (4) Retiring urban buses early (that is, retiring 1993 and earlier 
model year urban buses before they are 15 years old); and,
    (5) Using grandfathering provisions contained in 40 CFR 85.1403(d) 
if the fleet contains urban buses retrofit before January 1, 1995.
    Operators should be aware of the following important aspects of 
Option 2 during the first two years of this program. First, operators 
with urban buses in their fleet having model year 1984, 1985, or 1987 
DDC 6V92TA engines must reduce average fleet PM emissions during 
calendar years 1995 and 1996. This is because the calculations for the 
TLF assume that engines of the 1984, 1985, and 1987 model years will be 
rebuilt in calendar years 1995 and 1996, and because the post-rebuild 
PM level for the DDC 6V92TA engines of the specified model years have a 
default level (0.30 g/bhp-hr) that is less that its pre-rebuild 
emissions level (0.50 g/bhp-hr). Therefore, for operators with urban 
buses in their fleet having model year 1984, 1985, or 1987 DDC 6V92TA 
engines, one or more of the above strategies must be used as necessary 
to demonstrate that its FLA is equal to or less than its TLF. (The 
calculations for the TLF assume that urban buses with engines of model 
year 1986 will not receive any rebuilds during calendar years 1995 or 
1996. Therefore, for 1986 model year engines the post-rebuild level is 
equal to the pre-rebuild level for calendar years 1995 and 1996.)
    As noted in (2) above, for operators choosing Option 2 who have 
model 1984, 1985, or 1987 DDC 6V92TA urban buses in their fleet, use of 
the DDC upgrade kit is an available, but not required strategy to meet 
the fleet average reductions required under Option 2. DDC's upgrade kit 
will provide additional flexibility to fleets having the above-
mentioned DDC engines without necessitating use of the other, perhaps 
less desirable, strategies.
    In the table of 40 CFR 85.1403(c)(1)(iii)(A), the post-rebuild 
level is lower than the pre-rebuild level for the 1979 through 1987 
6V92TA engines because there is a currently available upgrade kit that 
is supported by new engine certification data on file with EPA. At the 
time of the final rulemaking, EPA expected that DDC's Coach Upgrade kit 
would be certified by July 1, 1994 under the retrofit/rebuild program 
for less than the appropriate cost ceiling. While as of July 1, 1994, 
the Coach Upgrade kit had not been certified under the retrofit/rebuild 
program, EPA believes that it is reasonable to provide a lower post-
rebuild emission level to any applicable engine equipped with this DDC 
upgrade kit because of the existence of new engine certification data 
which shows that engines virtually identical to the upgraded engines 
were certified by EPA to the lower emission level.
    EPA originally intended that the ``Post-rebuild level'' specified 
in the table of 40 CFR 85.1403(c)(1)(iii)(A) for the 1979 through 1987 
model year 6V92TA engines to reflect the level attained when those 
engines are upgraded to their latest certified, mechanically-controlled 
configuration (1988 or 1989 model year configuration depending upon 
horsepower). After the final rule was published, it was discovered that 
the 1988 and 1989 model year 6V92TA engines were certified to 0.31 g/
bhp-hr under the new engine certification program, and not 0.30 g/bhp-
hr as shown in the table. Therefore, 0.31 g/bhp-hr is the level 
actually achieved by upgrading the 1979 through 1987 model year 6V92TA 
engines to the 1988 or 1989 configuration that is certified under EPA's 
new engine certification program. Because of the error in the final 
regulations, EPA will allow urban bus operators to claim a reduction 
down to the 0.30 g/bhp-hr level when these engines are upgraded to the 
appropriate 1988 or 1989 configuration using the DDC Coach Upgrade kit. 
This will allow urban bus operators to upgrade their engines as one 
method of complying with Option 2, as was EPA's original intention.
    The ``grandfathering'' provisions of Sec. 85.1403(d)(3) allow 
operators having urban buses equipped with upgrade kits installed prior 
to January 1, 1995 to assume that such urban buses are operating at the 
PM level of the upgraded engine configuration. Further, EPA believes it 
is reasonable to extend the ``grandfathering'' provisions beyond 
January 1, 1995 for use of the DDC upgrade kit until appropriate 
equipment is certified, as discussed below, for the DDC 6V92TA engines. 
Operators, however, should note that ``grandfathering'' provisions do 
not require either the emissions defect or emissions performance 
warranties which are required of certified equipment under Sec. 85.1409 
of the program regulations.
    Finally, permission to retrofit/rebuild with uncertified equipment 
to meet program requirements applies to a limited population of engines 
(that is, the 1979 through 1989 model year 6V92TA engines having 
mechanical fuel injection) for a limited time frame (the 1995 and 1996 
calendar years). If equipment is certified for the above-referenced DDC 
engines as achieving the required PM emission reductions for less than 
the applicable cost ceiling before July 1, 1996, operators will not be 
able to claim emission reductions for engines rebuilt after calendar 
years 1995 and 1996 using uncertified equipment. Operators will be able 
to continue to claim emission reductions for engines which are rebuilt 
with the uncertified DDC upgrade kit prior to that time.
Ann Goode,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-21779 Filed 9-1-94; 8:45 am]
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