[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Notices]
[Pages 32599-32602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15729]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5842-4]


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 comment period.

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SUMMARY: The Agency has received a notification of intent to certify 
urban bus retrofit/rebuild equipment pursuant to 40 CFR Part 85, 
Subpart O from the Engelhard Corporation (Engelhard). 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 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 Engelhard notification of intent to certify, as well as other 
materials specifically relevant to it, is contained in category XVII-A 
of Public Docket A-93-42, entitled ``Certification of Urban Bus 
Retrofit/Rebuild Equipment.'' This docket is 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

[[Page 32600]]

should be certified. Comments should be provided in writing to Public 
Docket A-93-42, Category XVII-A, at the address below. An identical 
copy should be submitted to Anthony Erb, also at the address below.

DATES: Comments must be submitted on or before July 31, 1997.

ADDRESSES: Submit separate copies of comments to the two following 
addresses:
    1. U.S. Environmental Protection Agency, Public Docket A-93-42 
(Category VIII-A), Room M-1500, 401 M Street SW., Washington, DC 20460.
    2. Anthony Erb, Engine Compliance and Programs Group, Engine 
Programs & Compliance Division (6403J), 401 M Street SW., Washington, 
DC 20460.
    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: Anthony Erb, Engine Programs & 
Compliance Division (6403J), U.S. Environmental Protection Agency, 401 
M Street SW., Washington, DC 20460. Telephone: (202) 233-9259.

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 programs: 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 establishes specific annual target levels for 
average PM emissions from urban buses in an operator's fleet.
    Certification of retrofit/rebuild equipment is a key element of the 
retrofit/rebuild. To show compliance under either of the compliance 
programs, operators of the affected buses must use equipment that has 
been certified by the Agency. Emissions requirements under either of 
the two compliance programs depend on the availability of certified 
retrofit/rebuild equipment 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. For Program 
1, information on life cycle costs must be submitted in the 
notification of intent to certify in order for certification of the 
equipment to initiate (or trigger) program requirements. To trigger 
program requirements, the certifier must guarantee that the equipment 
will be available to all affected operators for a life cycle cost of 
$7,940 or less at the 0.10 g/bhp-hr PM level, or for a life cycle cost 
of $2,000 or less for the 25 percent or greater reduction in PM. Both 
of these values are based on 1992 dollars.

II. Notification of Intent To Certify

    By a notification of intent to certify signed November 18, 1996, 
Engelhard has applied for certification of equipment applicable to all 
Cummins L-10 engines that were originally manufactured prior to and 
including 1993.
    The notification of intent to certify states that the candidate 
equipment will reduce PM emissions 25 percent or more on petroleum-
fueled diesel engines that have been rebuilt to Cummins specifications. 
Pricing information has been submitted with the notification, along 
with a guarantee that the equipment will be offered to all affected 
operators for less than the incremental life cycle cost ceiling. 
Therefore, this equipment may trigger program requirements for the 25% 
reduction standard. If certified as a trigger of this standard, urban 
bus operators will be required to use this retrofit/rebuild equipment 
or other equipment certified to provide a PM reduction as discussed 
below.
    The equipment being certified is a ``catalytic Converter Muffler'' 
or CMXTM, that is a muffler containing an oxidation 
catalyst. The CMX is intended to replace the standard muffler 
previously installed in the engine eshaust system. The CMX is intended 
to be maintenance free, requiring no service for the full in-use 
compliance perior. The engine fuel to be used with this equipment is 
standard diesel fuel with a maximum sulfur content of 0.05 wt.% sulfur.
    Engelhard has requested approval for all Cummins L-10 engines 
manufactured prior to and including 1993. Engelhard presents exhaust 
emission data from testing a 1992 280hp Cummins L-10 EC (electronic 
control) engine. Engelhard states that the engine selected can be 
considered worst case for an after treatment device because of the 
extremely low baseline emissions. Engelhard states that the low PM 
emissions provide less for the catalyst to work on, thus making it 
harder for the catalyst to achieve the 25% reduction. EPA notes that 
this interpretation of worst case in not in accordance with the 
regulation which states that EPA will allow results to be extrapolated 
to engine types and model years known to have engine out PM levels 
equal to or less than that of the test engine. In the case at hand, the 
test engine has a pre-rebuild PM emission level of 0.25 g/bhp-hr. The 
PM levels listed in the table at Sec. 85.1403(c)(1)(iii)(A) for all 
Cummins models (other than the L-10 EC) are higher than the stated 
level for the test engine. Under the regulations, a test engine can 
serve only as a worst case for engines that have an original 
certification level that is equal to or less than the emission level of 
the test engine. Based on the regulations and worst case definition in 
the regulations, at this time EPA believes that this certification may 
only be applicable to the 1992-1993 L-10 EC model, as this is the only 
model that fulfills the worst-case criteria. EPA welcomes comments and 
supporting information relative to this issue.
    Engelhard has stated that it may supply additional testing data on 
another engine that may meet the worst case criteria in the future 
which may alter the applicability of this application. EPA will 
consider such information and provide the opportunity for public 
comment at that time. However, pending receipt of that additional data, 
EPA welcomes comments based on the information presented herein.
    The test engine was a new 1992 280 hp Cummins L-10 EC (electronic 
control) engine obtained from the National Institute for Petroleum and 
Energy Research. The engine had approximately 250 hours of break in 
time before testing. Two tests were conducted, one test was performed 
on the engine without the CMX and a second test was performed on the 
same engine after retrofit with the CMX. The test data show a PM level 
of 0.105 g/bhp-hr for the base engine without the CMX, and a PM level 
of 0.073 g/bhp-hr with the candidate equipment installed. This 
represents a PM reduction of 30% with candidate equipment installed. 
The test data also show that hydrocarbon (HC), carbon monoxide (CO), 
and oxides of nitrogen (NOX) are

[[Page 32601]]

less than applicable standards. Fuel consumption is not affected when 
the candidate equipment is installed based on comparison to the test 
results. Engelhard presents smoke emission measurements for the engine 
demonstrating compliance with applicable standards.

                                       Table A.--Exhaust Emissions Summary                                      
                                                   [G/BHP-HR]                                                   
----------------------------------------------------------------------------------------------------------------
                                                                  1992 Cummins L-10 EC     1992 Cummins L-10 EC 
     Gaseous and particulate test             Standards                 baseline                 with CMX       
----------------------------------------------------------------------------------------------------------------
HC...................................   1.3...................  0.27...................   0.12                  
CO...................................  15.5...................  1.46...................   0.74                  
NOX..................................   5.0...................  5.0....................   4.88                  
PM...................................   0.25..................  0.105..................  \1\ 0.073              
BSFC\2\..............................  .......................  0.373..................   0.368                 
Smoke Test...........................                                                                           
ACCEL................................  20 (percent)...........  3.1 (percent)..........   3.9 (percent)         
LUG..................................  15 (percent)...........  1.9 (percent)..........   1.2 (percent)         
PEAK.................................  50 (percent)...........  6.0 (percent)..........   6.6 (percent)         
----------------------------------------------------------------------------------------------------------------
\1\ The PM level listed in Table A differs from the level listed in the notification of intent to certify as the
  hot start test cited in the original notification was not valid. However, the PM level listed in Table B is   
  based on a valid hot start test (H-2) which was conducted in conjunction with the cold start test.            
\2\ Brake Specific Fuel Consumption (BSFC) is measured in units of lb/bhp-hr.                                   

    Engelhard indicates that the CMX muffler kit equipment will have an 
incremental maximum cost (in 1992 dollars) to the bus operator of 
$1,790.00 and will require six hours of installation time @ $35.00 per 
hours. Thus, the total incremental cost according to Engelhard will be 
$2,000.00 (1992 dollars). Engelhard states that there will be no 
incremental fuel cost, or maintenance cost compared to the currently 
available standard rebuild. Therefore, the candidate equipment will be 
offered to all affected operators for a maximum life cycle cost of 
$2,000 (1992 dollars). Currently, no equipment is certified for the 
1992 Cummins L-10 EC model engine, accordingly, if certified, this 
equipment would trigger the 25 percent reduction standard.
    If the Agency certifies the candidate Engelhard equipment operators 
will be affected as follows. Under Program 1, this certification would 
trigger requirements for all rebuilds of applicable L-10 EC engines 
performed six months following the effective date of certification 
requiring the use of this equipment or other equipment certified in the 
meantime to provide at least a 25 percent reduction. With regard to the 
L-10 models included in this notification on intent to certify by 
Engelhard, equipment has already been certified demonstrating the 25% 
reduction.
    The requirement to use certified equipment demonstrating at least a 
25% reduction in PM will continue for the applicable engines until such 
time as equipment is certified to trigger the 0.10 g/bhp-hr emission 
standard for less than a life cycle cost of $7,940 (in 1992 dollars). 
If the Agency certifies the candidate Engelhard equipment, operators 
who choose to comply with Program 2 and install this equipment will use 
the PM emission level(s) established during the certification review 
process in their calculations for target or fleet level as specified in 
the program regulations. Emission levels proposed by Engelhard are 
provided in Table B. However, as noted above, EPA at this time believes 
that this certification would only apply to the 1992 and 1993 L-10 EC 
models.

                                         Table B.--Certification Levels                                         
----------------------------------------------------------------------------------------------------------------
                                                                                    Baseline PM    PM emissions 
                  Cummins engine model                          Model year            levels         with CMX   
----------------------------------------------------------------------------------------------------------------
L-10...................................................                1985-1987            0.65            0.50
L-10...................................................                1988-1989            0.55            0.41
L-10...................................................                1990-1991            0.46            0.34
L-10 EC................................................                1992-1993            0.25            0.19
----------------------------------------------------------------------------------------------------------------

    At a minimum, EPA 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 proves 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 Engelhard 
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 candidate equipment on applicable engines; and, (b) Whether 
the equipment is compatible with affected vehicles.
    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 Engelhard notification of intent to certify 
should be certified pursuant to the urban bus retrofit/rebuild 
regulations. Interested parties

[[Page 32602]]

are encouraged to review the notification of intent to certify and 
provide comment during the 45-day period. Please send separate copies 
of your comments to each of the above two 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.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 97-15729 Filed 6-13-97; 8:45 am]
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