[Federal Register Volume 62, Number 20 (Thursday, January 30, 1997)]
[Notices]
[Pages 4528-4531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2324]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5682-4]


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.

-----------------------------------------------------------------------

SUMMARY: Johnson Matthey Incorporated (JMI) has submitted to the Agency 
a notification of intent to certify

[[Page 4529]]

urban bus retrofit/rebuild equipment pursuant to 40 CFR Part 85, 
Subpart O. The equipment, referred to by JMI as the Catalytic Reduction 
Technology-Cam (CRT-C) kit, consists of proprietary cam shafts, a CEM 
IITM catalytic exhaust muffler, and instructions that the engine 
must be rebuilt using specific engine rebuild parts and certain engine 
settings. The candidate kit is applicable to all 6V92TA, 6V71T, and 
6V71TA urban bus engine models made by Detroit Diesel Corporation (DDC) 
from model years 1979 to 1989 and equipped with mechanical unit 
injectors (MUI).
    JMI intends this equipment to be certified to the particulate 
matter standard of 0.10 grams per brake-horsepower-hour (g/bhp-hr) for 
less than the applicable life cycle cost limit. If the Agency certifies 
that this (or other) equipment complies with the 0.10 g/bhp-hr standard 
and is available for less than the applicable cost limit, then 
operators with affected engines will be required to use equipment 
certified to the 0.10 g/bhp-hr standard.
    Pursuant to Sec. 85.1407(a)(7), today's Federal Register notice 
summarizes the notification, 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 any comments it receives, 
to determine whether the equipment described 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.
    The notification of intent to certify, as well as other materials 
specifically relevant to it, are contained in Category XV-A of Public 
Docket A-93-42, entitled ``Certification of Urban Bus Retrofit/Rebuild 
Equipment''. This docket is located at the address listed 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 the addresses below.

DATES: Comments must be submitted on or before March 17, 1997.

ADDRESSES: Submit separate copies of comments to each of the two 
following addresses:
    1. U.S. Environmental Protection Agency, Public Air Docket A-93-42 
(Category XV-A), Room M-1500, 401 M Street S.W., Washington, DC 20460.
    2. William Rutledge, Engine Compliance Programs Group, Engine 
Programs and Compliance Division (6403J), U.S. Environmental Protection 
Agency, 401 M Street S.W., Washington, DC 20460.
    The JMI notification of intent to certify, as well as other 
materials specifically relevant to it, are contained 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, Engine Programs and 
Compliance Division (6403J), U.S. Environmental Protection Agency, 401 
M St. SW, Washington, D.C. 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: Option 1 establishes 
particulate matter emissions requirements for each urban bus engine in 
an operator's fleet which is rebuilt or replaced; Option 2 is a fleet 
averaging program that establishes a specific annual target level for 
average PM emissions from urban buses in an operator's fleet.
    A key aspect of the program is certification of retrofit/rebuild 
equipment, which begins when an equipment manufacturer submits an 
application for certification (referred to in the rule as a 
notification of intent to certify). To meet either of the two 
compliance options, operators of the affected buses must use equipment 
that has been certified by EPA. 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 Option 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 Option 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 Option 1, additional information regarding cost must be 
submitted in the notification, 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 incremental to the cost of a standard rebuild.

II. Notification of Intent to Certify

    In a notification of intent to certify equipment signed December 9, 
1996, Johnson Matthey (JMI) has applied for certification of equipment 
under the Environmental Protection Agency's (the Agency) Urban Bus 
Retrofit/Rebuild Program. The candidate kit is applicable to all 
6V92TA, 6V71T, and 6V71TA urban bus engine models made by Detroit 
Diesel Corporation (DDC) from model years 1979 to 1989 and equipped 
with mechanical unit injectors (MUI). The equipment, referred to as the 
Catalytic Reduction Technology--Cam (CRT-C) kit, consists of 
proprietary cam shafts, a CEM IITM catalytic exhaust muffler, and 
installation instructions that require the engine to be rebuilt using 
specified engine rebuild parts and certain engine settings. The CRT-C 
kit would be available in three horsepower levels (253, 277, and 340) 
for 6V92TA engines, and in one horsepower level (265) for 6V71 engines.
    The CEM IITM catalytic exhaust muffler of the CRT-C kit 
contains a different formulation from the CEMTM certified for the 
urban bus program as described in the Federal Register on April 17, 
1996 (61 FR 16773). Therefore, transit operators cannot use the 
previously certified CEMTM in place of the new CEM IITM. The 
CEM IITM is the same size and shape as the CEMTM, is a 
direct, bolt-on replacement for the original equipment muffler, and is 
designed to fit the specific bus/engine combination.
    The CRT-C kit is to be used in conjunction with an engine rebuild 
performed in accordance with standard DDC rebuild procedures using a 
list of specified engine rebuild parts. The installation instructions 
state that the list of parts for the rebuild (excluding the cams) can 
be purchased from traditional DDC or equivalent parts sources. The 
subject of equivalent parts

[[Page 4530]]

is discussed below. The notification states that the candidate 
equipment achieves a particulate matter (PM) level of 0.10 g/bhp-hr, 
and the life cycle cost is guaranteed by JMI to be less than $7,940 (in 
1992 dollars) for all affected operators. The use of the equipment by 
transit operators to meet program requirements is discussed below.
    The kit instructions includes new settings for the fuel injector 
height and fuel modulator, as appropriate to each engine model.
    JMI presents exhaust emissions data from testing two Detroit Diesel 
Corporation (DDC) engines in accordance with procedures set forth at 40 
CFR Part 86, Subparts N and I. The notification indicates that the test 
engines were selected as ``worst case'' based on Table 3 of 58 FR 21373 
(April 23, 1993). A DDC engine model 6V92TA MUI was tested both in a 
1984 model year configuration and retrofitted with the CRT-C kit, and a 
DDC engine model 6V71TA MUI (originally 1983 model year) was only 
tested retrofitted with the CRT-C kit. Table A below summarizes the 
data.

                                       Table A.--Exhaust Emissions Summary                                      
----------------------------------------------------------------------------------------------------------------
                                                                                  g/bhp-hr                      
                                                          ------------------------------------------------------
               Gaseous and particulate test                 1988 HDDE    1984 6V92TA   6V92TA MUI    6V71TA MUI 
                                                            standards   MUI baseline   with CRT-C    with CRT-C 
----------------------------------------------------------------------------------------------------------------
HC.......................................................          1.3         0.7           0.3           0.2  
CO.......................................................         15.5         1.1           0.5           0.8  
NOX......................................................         10.7         9.5          10.2          10.2  
PM.......................................................         0.60         0.56          0.08          0.096
BSFC \1\.................................................                      0.475         0.470         0.464
----------------------------------------------------------------------------------------------------------------
                        Smoke test                          Standards                                           
                                                             percent                                            
(2) Percent opacity                                                                                             
----------------------------------------------------------------------------------------------------------------
ACCEL....................................................           20         3.1           2.9           2.3  
LUG......................................................           15         2.0           2.0           1.3  
PEAK.....................................................           50         4.8           3.6           2.9  
----------------------------------------------------------------------------------------------------------------
\1\ Brake Specific Fuel Consumption (BSFC) is measured in units of lb/bhp-hr.                                   

    The data of Table A indicate that for both test engines, when 
rebuilt with the CRT-C kit, PM emissions are less than 0.10 g/bhp-hr, 
and emissions of hydrocarbon (HC), carbon monoxide (CO), and smoke 
opacity are within applicable federal standards. The data also indicate 
that the candidate kit increases NOx emissions roughly 7 percent above 
the level of the baseline 1984 model year configuration. This level 
(that is, with CRT-C installed) is less than the 1985-1989 federal 
standard for NOX (10.7 g/bhp-hr). The Agency requests comments on 
whether the emissions test data presented by JMI demonstrate that all 
engines for which certification is requested will meet applicable 
federal standards with the candidate kit installed.
    The Agency does not believe that the information provided supports 
certification of engines beyond model year 1989, because the federal 
new engine standard for NOX dropped in 1990 to 6.0 g/bhp-hr and in 
1991 to 5.0 g/bhp-hr. (The NOX level of either test engine, when 
rebuilt with the candidate kit, is greater than 10 g/bhp-hr.) 
Additionally, the Agency believes that there is no support for 
certification of DDC's ``DDEC'' engines, because neither test engine is 
equipped with electronically-controlled fuel injection. Therefore, 
applicability of the candidate kit has been restricted to 6V92TA, 
6V71T, and 6V71TA urban bus engine models made by Detroit Diesel 
Corporation (DDC) from model years 1979 to 1989 and equipped with 
mechanical unit injectors (MUI).
    For the 6V92TA test engine, JMI also presents baseline test data 
from a standard 1984 model year configuration. This data documents PM 
emissions of 0.56 g/bhp-hr in the 1984 model year configuration. A list 
of parts used in the engine rebuild is provided in the notification. 
Other engines, for which the CRT-C kit is intended to apply, are 
expected to meet the 0.10 g/bhp-hr PM standard because the kit 
instructs the rebuilder to replace all emissions-related parts during 
the rebuild with JMI-specified parts. The emission level of the 
recipient engine, prior to installation of CEM-II catalyst, is expected 
to be predictable because all emission-related parts are replaced using 
specific rebuild components and settings specified with the kit. The 
combination of the specified engine rebuild parts, proprietary 
camshafts, new settings of the kit, and CEM-II, results in a PM level 
less than 0.10 g/bhp-hr. The Agency requests comments on whether the 
emissions data presented by JMI demonstrate that all engines for which 
certification is intended will meet the 0.10 g/bhp-hr PM standard.
    The part numbers of the specified rebuild components are provided 
in JMI's notification. JMI indicates that replacing such emission-
related components is typically part of a standard rebuild. JMI also 
states that other parts, equivalent to DDC parts, can be used for the 
standard rebuild required with installation of the equipment. JMI 
defines equivalent parts as parts which are substituted for original-
equipment (OE) parts and have been engineered to represent equal usage 
with equivalent specifications, materials of construction, tolerances, 
and warranty, et cetera, and must have gained acceptance in the market 
place as equivalent replacements. The Agency asks for public comment 
regarding how an operator, or the Agency, knows that an aftermarket 
part is equivalent to an OE part, especially with respect to parameters 
that affect emissions performance, and what assurance there is that 
such parts would result in the same emissions performance. The use of 
aftermarket parts might also impact life cycle costs, which is 
discussed below.
    JMI's notification provides life cycle cost information for the 
candidate kit. JMI guarantees that it will offer the kit for less than 
the life cycle ceiling of $7,490 (in 1992 dollars) as applicable, to 
all affected operators. If certified as proposed in the notification 
(and in the absence of other earlier certification that triggers the 
0.10 g/bhp-hr), the candidate kit would trigger program requirements 
for the 0.10 g/bhp-hr PM standard for applicable engines. Table B

[[Page 4531]]

below summarizes the life cycle costs for the CRT-C kit that are 
incremental to the cost associated with a standard rebuild.

               Table B.--CRT-C Kit Life Cycle Cost Summary              
                             [1992 dollars]                             
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Maximum CRT-C Equipment Cost...............................      $6,550 
Maximum Installation Cost (2 hours catalyst installation)..          70 
Fuel Economy Impact........................................           0 
Maintenance Cost...........................................           0 
Less Cost for Standard Camshafts...........................        (785)
Maximum CRT-C Equipment Cost...............................       6,550 
Maximum Life Cycle Cost (Sum of Above).....................       5,835 
------------------------------------------------------------------------

    The Agency has determined that the value of the maximum CRT-C 
equipment cost ($6,550) is approximately equivalent to $7,404 in 
today's dollars. This is determined by multiplying the $6,550 from 
Table B above by the Consumer Price Index for All Urban Consumers (that 
is, the CPI-U for all items) for November 1996, and then dividing by 
the average CPI-U determined for 1992. According to the U.S. Bureau of 
Labor Statistics, the CPI-U before seasonal adjustment in November is 
158.6 (on a reference base of 1982 to 1984 = 100), and the average CPI-
U for 1992 is 140.3. The value may change as the CPI-U changes.
    JMI indicates that the engine is to be rebuilt according to the 
engine manufacturer's standard written rebuild procedures and 
specifications except where amended by JMI written instructions. 
Therefore, JMI claims that the life cycle cost ($5,835) of the CRT-C 
kit is incremental to the cost of a standard rebuild. Installation of 
the CRT-C kit is essentially identical to a standard engine rebuild and 
the installation of a muffler. The life cycle cost (in 1992 dollars) of 
the JMI kit is stated to be $5,835, which includes the maximum purchase 
cost for the kit of $6,550, and maximum installation cost of $70. The 
incremental maintenance cost and fuel economy impact are stated to be 
zero. The camshafts provided with the CRT-C kit offset the need and 
cost for camshafts otherwise replaced during an engine rebuild ($785).
    As noted above, the CRT-C kit would be sold as complimentary to a 
standard engine rebuild. The balance of the specified parts for the 
standard rebuild (excluding the cams) would be purchased by the 
rebuilder from traditional DDC or equivalent parts sources. JMI 
indicates that because the parts would typically be replaced anyway 
during an engine rebuild, purchase of the specified parts on the list 
would not represent an incremental life cycle cost. The list of the 
specific emission-related parts are an essential part of the CRT-C kit 
from an emissions standpoint, although the parts, per se, are not 
provided with the kit. The Agency requests public comment concerning 
whether the specified parts present incremental costs to a standard 
rebuild. This point is important because the life cycle cost analysis 
provided by JMI assumes that use of the listed part numbers will not 
impact life cycle costs of the candidate equipment.
    JMI states in its notification that there is no fuel economy 
penalty associated with the candidate equipment. As shown in Table A 
above, this is supported by the data from the baseline and retrofit 
tests on the 6V92TA engine that indicate no fuel consumption impact of 
the CRT-C kit. At this point, the Agency has not determined whether a 
fuel consumption penalty exists, and requests comments concerning this 
issue. The Agency will use information gathered through public comment 
and from the certifier to resolve this issue.
    The JMI notification provides a product warranty that references 
the emissions performance and emissions defect warranties required in 
accordance with section 85.1409 of the program regulations.
    Even if ultimately certified by the Agency, the equipment described 
in JMI's notification may require additional review by the California 
Air Resources Board (CARB) before use in California. The Agency 
recognizes that special situations may exist in California that are 
reflected in the unique emissions standards, engine calibrations, and 
fuel specifications of the State. While requirements of the federal 
urban bus program apply to several metropolitan areas in California, 
the Agency understands the view of CARB that equipment certified under 
the urban bus program, to be used in California, must be provided with 
an executive order exempting it from the anti-tampering prohibitions of 
that State. Those interested in additional information should contact 
the Aftermarket Part Section of CARB, at (818) 575-6848.
    If the Agency certifies the candidate equipment and no other 
certification triggers the 0.10 g/bhp-hr standard, then urban bus 
operators who choose to comply with compliance Option 1 of this 
regulation will be required to use equipment certified to the 0.10 g/
bhp-hr standard no later than six months after certification, when 
applicable engines are rebuilt or replaced. If certified, then 
operators using Option 2 will use the certification levels in 
calculations for fleet level attained (FLA).
    The date of this notice initiates a 45-day period during which the 
Agency will accept written comments relevant to whether the equipment 
described in the JMI notification of intent to certify should be 
certified pursuant to the urban bus retrofit/rebuild regulations. 
Interested parties are encouraged to review this notification, and 
provide written comments during the 45-day review period. Separate 
comments should be provided in writing to each of the addresses listed 
under the Addresses section of this notice.
    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 Sec. 85.1406, including whether 
the testing accurately substantiates the claimed emission reduction or 
emission levels; and, (2) the requirements of Sec. 85.1407 for a 
notification of intent to certify, including whether the data provided 
by JMI complies with the life cycle cost requirements.
    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 equipment on applicable engines; and, (b) whether the 
equipment is compatible with affected vehicles.
    The Agency will review this notification of intent to certify, 
along with comments received from the 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.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 97-2324 Filed 1-29-97; 8:45 am]
BILLING CODE 6560-50-P