[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Notices]
[Pages 36139-36142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17127]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5257-2 ]


Retrofit/Rebuild Requirements for 1993 and Earlier Model Year 
Urban Buses; Public Review of a Notification of Intent To Certify 
Equipment

AGENCY: Environmental Protection Agency.

ACTION: Notice of agency receipt of a notification of intent to certify 
equipment and initiation of 45-day public review and comment period.

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SUMMARY: The Agency has received from the Lubrizol Corporation, a 
notification of intent to certify urban bus retrofit/rebuild equipment 
pursuant to 40 CFR Part 85, Subpart O. EZ-TRAPTM is Lubrizol's 
trademark for this equipment. Pursuant to Sec. 85.1407(a)(7), today's 
Federal Register notice summarizes the notification below, announces 
that the notification is available for public review and comment, and 
initiates a 45-day period during which comments can be submitted. The 
Agency will review this notification of intent to certify, as well as 
comments received, to determine whether the equipment in the 
notification of intent to certify should be certified. If certified, 
the equipment can be used by urban bus operators to reduce the 
particulate matter of urban bus engines.
    This notification of intent to certify, as well as other materials 
specifically relevant to it, are contained in Category VI-A of Public 
Docket A-93-42, entitled ``Certification of Urban Bus Retrofit/Rebuild 
Equipment''. This docket is located at the address below.
    Today's notice initiates a 45-day period during which the Agency 
will accept written comments relevant to whether or not the equipment 
included in this notification of intent to certify should be certified. 
Comments should be provided in writing to Public Docket A-93-42, 
Category VI-A, at the address below. An identical copy should be 
submitted to William Rutledge, also at the address below.

DATES: Comments must be submitted on or before August 28, 1995.

ADDRESSES: Submit separate copies of comments to each of the two 
following addresses:

1. U.S. Environmental Protection Agency, Public Docket A-93-42 
(Category VI-A), Room M-1500, 401 M Street S.W., Washington, DC 20460.
2. William Rutledge, Technical Support Branch, Manufacturers Operations 
Division (6405J), 401 ``M'' Street S.W., Washington, DC 20460.

    The Lubrizol notification of intent to certify, as well as other 
materials specifically relevant to it, are contained 

[[Page 36140]]
in the public docket indicated above. Docket items may be inspected 
from 8:00 a.m. until 5:30 p.m., 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, Manufacturers 
Operations Division (6405J), U.S. Environmental Protection Agency, 401 
M Street S.W., Washington, DC 20460. Telephone: (202) 233-9297.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 21, 1993, the Agency published final Retrofit/Rebuild 
Requirements for 1993 and Earlier Model Year Urban Buses (58 FR 21359). 
The retrofit/rebuild program is intended to reduce the ambient levels 
of particulate matter (PM) in urban areas and is limited to 1993 and 
earlier model year (MY) urban buses operating in metropolitan areas 
with 1980 populations of 750,000 or more, whose engines are rebuilt or 
replaced after January 1, 1995. Operators of the affected buses are 
required to choose between two compliance options: Program 1 sets 
particulate matter emissions requirements for each urban bus engine in 
an operator's fleet which is rebuilt or replaced; Program 2 is a fleet 
averaging program that sets out a specific annual target level for 
average PM emissions from urban buses in an operator's fleet.
    A key aspect of the program is the certification of retrofit/
rebuild equipment. To meet either of the two compliance options, 
operators of the affected buses must use equipment which has been 
certified by the Agency. Emissions requirements under either of the two 
options depend on the availability of retrofit/rebuild equipment 
certified for each engine model. To be used for Program 1, equipment 
must be certified as meeting a 0.10 g/bhp-hr PM standard or as 
achieving a 25 percent reduction in PM. Equipment used for Program 2 
must be certified as providing some level of PM reduction that would in 
turn be claimed by urban bus operators when calculating their average 
fleet PM levels attained under the program.
    Under Program 1, additional information regarding cost must be 
submitted in the notification of intent to certify, in order for 
certification of that equipment to initiate (or trigger) program 
requirements for a particular engine model. In order for the equipment 
to serve as a trigger, the certifier must guarantee that the equipment 
will be offered to affected operators for $7,940 or less at the 0.10 g/
bhp-hr PM level, or for $2,000 or less for the 25 percent or greater 
reduction in PM. Both of the above amounts are based on 1992 dollars 
and include life cycle costs.

II. Notification of Intent To Certify

    By a notification of intent to certify dated May 15, 1995, Lubrizol 
Corporation has applied for certification of equipment applicable to 
certain petroleum-fueled diesel engines used in urban buses of 1993 and 
earlier model years. The notification of intent to certify states that 
the candidate equipment will comply with the 0.10 g/bhp-hr particulate 
matter (PM) standard on petroleum fueled diesel engines that have been 
rebuilt to the engine manufacturer's specifications. No life cycle cost 
data is submitted with the notification of intent to certify, 
therefore, the equipment will not trigger program requirements. The use 
of the equipment by transit operators to meet program requirements is 
discussed further below.
    Major components of the candidate equipment are: (1) A ceramic 
particulate filter assembly for the diesel exhaust, which in most 
installations takes the place of the original system muffler; (2) a 
proprietary diesel fuel soluble catalyst (additive); (3) gold plated 
fuel injectors; and, (4) a sensor to monitor engine exhaust 
backpressure. In operation, copper in the fuel additive (EZ-ADDTM) 
is deposited on the ceramic exhaust filter along with exhaust 
particulates. The copper acts as a catalyst to lower the oxidation 
temperature of the particulates and thus promotes auto-regeneration of 
the trap under a variety of operating conditions. The nozzle tips of 
the fuel injectors are gold plated to minimize formation of deposits.
    The notification of intent to certify states that the candidate 
equipment is applicable to the following engines:

------------------------------------------------------------------------
         Manufacturer                  Engine model           Model Year
------------------------------------------------------------------------
Cummins......................  L-10........................    1985-1991
Cummins......................  L-10 EC.....................    1992-1993
Cummins......................  C-Series....................    1990-1992
Cummins......................  B-Series....................    1990-1992
MAN..........................  ............................    1979-1992
Caterpillar..................  3208........................    1982-1992
------------------------------------------------------------------------

    Lubrizol Corporation presents exhaust emission data from testing 
the equipment on a recently rebuilt 1987 model year Cummins L-10 engine 
documenting PM emissions from one cold start cycle plus seven hot start 
cycle transient exhaust emission tests. During one of the hot cycles 
the trap experienced significant regeneration. The PM emissions from 
this cycle, the highest of all cycles (including the cold cycle), was 
0.028 g/bhp-hr. Exhaust testing with the equipment installed also 
showed that hydrocarbon (HC), carbon monoxide (CO), and oxides of 
nitrogen (NOx), emissions were less than the federal emission 
standards for 1987. Smoke emission measurements for the engine with the 
candidate equipment installed indicates compliance with applicable 
standards, with smoke opacity measurements of less than 1 percent for 
the acceleration, lugging, and peak modes.
    Lubrizol Corporation has submitted no life cycle cost information 
for this equipment because it is not intended to trigger program 
requirements. Therefore, its use will be at the option of urban bus 
operators and will not be required if the Agency approves the request 
for certification of this candidate equipment.
    Section 85.1406(d) of the regulations governing urban bus equipment 
certification states, in part, ``* * * installation of any certified 
retrofit/rebuild equipment shall not cause or contribute to an 
unreasonable risk to the public health, welfare or safety * * *''. 
Information on health effects related to the candidate equipment has 
been provided by Lubrizol with its notification of intent to certify, 
and this has been reviewed by the Agency's Office of Research And 
Development (ORD). In its report entitled ``Inhalation Risk Assessment 
Of Lubrizol Corporation's EZ-TRAP TM System'', ORD indicates the 
potential for dioxin formation. The report states:
    ``ORD's major concern is whether the use of the EZ-TRAPTM 
system with Lubrizol would, or would not, result in dioxin formation 
and emissions. Although there are no data relating to dioxin formation 
in diesel engines generally, ORD's concern in this instance is based on 
the similarity of the experimental evidence defining the requisite 
conditions for dioxin formation in combustion processes, post-
combustion, with the conditions anticipated with the use of the copper-
based additive in diesel fuel burned by buses. Specifically, with 
regard to the latter; (1) particles are retained in the filter trap at 
temperatures associated with formation in other combustion sources; (2) 
the particles provide reactive surfaces for chemical reactions to 
transpire; (3) trace levels of chlorine may be present in the diesel 
fuel; and, (4) copper is the most potent catalyst identified to date in 
the overall dioxin formation reactions.
    ``Therefore, based on a review of the available information, ORD 
concludes 

[[Page 36141]]
that although the EZ-TRAPTM System will likely reduce health 
hazards associated with the pollutant emissions from diesel-fueled 
vehicles; it is not possible at present to state whether the net public 
health risk would increase, decrease, or remain unchanged. This is due 
to the lack of information on inhalation of combustion products from 
copper-containing diesel fuel, similarity of test engine conditions to 
real world operation conditions, and potential dioxin formation and 
emissions.''
    The ORD report is available in the public docket. The Agency 
requests information on dioxin formation in diesel exhaust, especially 
as it relates to use of a copper-based fuel additive.
    Section 211 of the Clean Air Act sets forth fuel and fuel additive 
prohibitions, and gives the Agency authority to waive certain of those 
prohibitions. The Agency, however, does not believe that Lubrizol must 
obtain a fuel additive waiver under Section 211(f)(4) of the Clean Air 
Act before certifying its additive system for the following reasons.
    The Act prohibits the introduction into commerce of any fuel or 
fuel additive that is not substantially similar to a fuel or fuel 
additive used in the certification of any model year 1975 or later 
vehicle or engine under Section 206. The Administrator may waive this 
prohibition, if she determines that certain criteria are met. The 
Agency believes that certification of an urban bus retrofit system 
constitutes the certification of an engine under Section 206, and, 
since the additive is used in the certification of the system, a waiver 
is not required to market the additive for use with the certified 
retrofit system.
    Section 206 grants the Agency authority to issue a certificate of 
conformity to any vehicle that complies with regulations promulgated 
under Section 202.1 Section 219(d) requires the Agency to regulate 
emissions from existing urban buses, and explicitly states that such 
regulations shall be promulgated under Section 202(a). Therefore, it is 
clear that Congress intended the urban bus retrofit standards to be 
Section 202 standards. Because the urban bus standards are Section 202 
standards, the Agency can issue a certificate of conformity to those 
standards under Section 206. When the certification requirements of the 
urban bus retrofit program were issued, the Agency stated that those 
requirements are authorized by Section 206 (among other sections of the 
Act). 58 FR at 21377, n.1 (April 21, 1993).

    \1\ Section 202(a) authorizes the Agency to establish emissions 
standards for new motor vehicles and new motor vehicle engines.
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    Further, the Agency believes that certification of an urban bus 
retrofit system qualifies as certification of a vehicle or engine. 
Certification of a retrofit system is certification of an engine 
because, under the urban bus retrofit regulations, such systems are 
certified for urban bus engines of specific engine families, and can 
only be used for engines in those families. The entire engine 
configuration (i.e., the existing engine combined with the retrofit 
system) must comply with the certification requirements in the urban 
bus retrofit regulations. In contrast, if retrofit systems were not 
certified on an engine family-specific basis, the Agency believes that 
such certifications would arguably not constitute the certification of 
an engine.
    The argument that the urban bus retrofit system certification is 
the certification of an engine is supported by provisions in the urban 
bus regulations that are designed to ensure that the entire 
configuration (i.e., the engine plus the retrofit system) complies with 
applicable Section 202 emissions standards. These ``safeguards'' 
address the same concerns that the Section 211(f)(4) fuel additive 
waiver process is designed to address, i.e., the effect of a fuel 
additive on the emissions performance of the engine in which it is 
used.
    First, when applying for certification of a retrofit system, the 
manufacturer must provide the Agency with a statement that use of the 
system ``will not cause a substantial increase to urban bus engine 
emissions in any normal driving mode not represented during 
certification testing.'' 40 CFR 85.1407(a)(1)(x). In addition, the 
Agency can deny certification, or decertify equipment, if there is 
reason to believe that the use of such equipment will cause an urban 
bus engine to exceed any applicable emission standard. At any time 
prior to certification, the Agency may notify the manufacturer that the 
equipment will not be certified pending further investigation, on the 
basis of information or test results from the manufacturer or on the 
basis of public comment, that indicates use of the equipment could 
cause an urban bus engine to exceed any applicable emission 
requirement, or could cause or contribute to an unreasonable risk to 
public health, welfare, or safety. 40 CFR 85.1408 (a)(2) and (a)(3). 
The manufacturer must respond in writing to such notification, or the 
Agency shall withdraw its notification of intent to certify. Finally, 
the equipment certifier must warrant that its retrofit equipment, if 
properly installed and maintained, will not cause an urban bus engine 
to exceed applicable emissions standards for a period of 150,000 miles 
following installation of the equipment.
    Because certification of an urban bus retrofit system is an engine 
certification, Lubrizol's copper additive is ``substantially similar'' 
for purposes of Section 211(f)(1)(B) in the limited context of use in 
certified trap systems. The Agency has previously interpreted the term 
``substantially similar'' as used in Section 211(f)(1) only in the 
context of introduction into commerce for general use. The approach 
discussed in this analysis would be a departure from this historical 
practice, because the copper additive would be deemed substantially 
similar only for a limited use (i.e., in a certified trap system). A 
Section 211(f)(4) waiver would be required to introduce the additive 
into commerce for any other use.2 The Agency solicits comment on 
possible measures to ensure that the additive will only be used in 
certified retrofit systems.

    \2\  This interpretation of ``sub-sim'' raises potential 
enforcement concerns, since the Agency does not have authority to 
enforce against an end user who may use the additive without the 
trap system.
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    At a minimum, the Agency expects to evaluate this notification of 
intent to certify, and other materials submitted as applicable, to 
determine whether there is adequate demonstration of compliance with: 
(1) the certification requirements of Section 85.1406, including 
whether the testing accurately substantiates the claimed emission 
reduction or emission levels; and, (2) the requirements of Section 
85.1407 for a notification of intent to certify.
    The Agency requests that those commenting also consider these 
regulatory requirements, plus provide comments on any experience or 
knowledge concerning: (a) Problems with installing, maintaining, and/or 
using the candidate equipment on applicable engines; and, (b) whether 
the equipment is compatible with affected vehicles.
    If the Agency approves Lubrizol's request to certify this candidate 
equipment, urban bus operators who choose to comply with either Program 
1 or Program 2 of the urban bus regulation may use the Lubrizol 
equipment. If certified, operators under Program 2 using this equipment 
will use the PM emission level(s) established during the certification 
review process, in the calculations for fleet level attained (FLA). 
Lubrizol projects a post-rebuild PM level of 0.01 g/bhp-hr with the 

[[Page 36142]]
equipment installed on the Cummins L-10 engine.
    The date of this notice initiates a 45-day period during which the 
Agency will accept written comments relevant to whether or not the 
equipment described in the Lubrizol notification of intent to certify 
should be certified pursuant to the urban bus retrofit/rebuild program. 
Interested parties are encouraged to review the notification of intent 
to certify and provide comments during the 45-day period. Please send 
separate copies of your comments to each of the above addresses.
    The Agency will review this notification of intent to certify, 
along with comments received from interested parties, and attempt to 
resolve or clarify issues as necessary. During the review process, the 
Agency may add additional documents to the docket as a result of the 
review process. These documents will also be available for public 
review and comment within the 45-day period.

    Dated: July 5, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 95-17127 Filed 7-12-95; 8:45 am]
BILLING CODE 6560-50-P