[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Notices]
[Pages 4445-4448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2211]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5956-2]


Retrofit/Rebuild Requirements for 1993 and Earlier Model Year 
Urban Buses; Approval of an Application for Certification of Equipment 
and Amendment to a Previously-Approved Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of agency approval of an application for equipment 
certification.

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SUMMARY: The Agency received a notification of intent to certify urban

[[Page 4446]]

bus retrofit/rebuild equipment for 4-stroke petroleum fueled diesel 
engines pursuant to 40 CFR part 85, subpart O from Engine Control 
Systems Ltd. (ECS). Pursuant to section 85.1407(a)(7), a June 16, 1997 
Federal Register document summarized the notification and announced 
that the notification would be available for public review and comment, 
and initiated a 45-day period during which comments could be submitted. 
In the notice the Agency stated it would review this notification of 
intent to certify, as well as comments received, to determine whether 
the equipment should be certified.
    This action also notified the public that ECS proposed to amend 
its' two-stroke engine certification. On January 6, 1997, EPA approved 
certification of the ECS retrofit kit which demonstrated a 25% 
reduction in PM for 1979 to 1993 Detroit Diesel Corporation (DDC) 2-
stroke engines. On February 11, 1997, ECS requested that this 
certification be modified to also include 8V71N engines for model years 
1973 to 1984.

SUPPLEMENTARY INFORMATION: The Agency received an application dated 
October 31, 1996, from Engine Control Systems Ltd. with principal place 
of business at 165 Pony Drive, Newmarket, Ontario, Canada for 
certification of urban bus retrofit/rebuild equipment pursuant to 40 
CFR sections 85.1401-85.1415. On June 16, 1997, EPA published 
notification that the application had been received and made the 
application available for public review and comment for a period of 45 
days (62 FR 32602). EPA has completed its review of this application 
and the Director of the Engine Program & Compliance Division (EPCD) has 
determined that it meets the requirements for certification. Testing 
demonstrated that the equipment reduced particulate matter (PM) by 18% 
for petroleum fueled diesel Cummins L-10 engines and all other 4-stroke 
engines that were originally manufactured prior to and including 1993 
engines and is certified for Program 2 only. It does not apply for 
operators utilizing Program 1 as ECS did not demonstrate the minimum 
25% reduction in PM necessary for Program 1 certification.
    In addition, EPA has completed its review of ECS' February 11, 1997 
request to modify the certification approved by EPA on January 6, 1997 
(62 FR 46) which demonstrated a 25% reduction in PM for 1979 to 1993 
DDC 2-stroke engines to also include 8V71N engines for model years 1973 
to 1984. EPA published notice of this amendment request and requested 
comments for a period on 45 days in the same notice cited above. EPA 
has completed its review of this request and the Director of EPCD 
approves the certification amendment to include the 8V71N model for 
model years 1973 to 1984 for both programs 1 and 2.

DATES: The date of this document, January 29, 1998, is the official 
certification date for both the application and the amendment approval.

ADDRESSES: The ECS applications, as well as other materials 
specifically relevant to them, are contained in Public Docket A-93-42 
(Category XIV-A or XVI-A), entitled ``Certification of Urban Bus 
Retrofit/Rebuild Equipment.'' This docket is located in room M-1500, 
Waterside Mall (Ground Floor), U.S. Environmental Protection Agency, 
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 Compliance 
Programs Group, Engine Programs & Compliance Division (6403J), U.S. 
Environmental Protection Agency, 401 M St. SW, Washington, D.C. 20460. 
Telephone: (202) 233-9259.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 31, 1996 ECS applied for certification of a kit, for use 
on 4-cycle petroleum fueled diesel Cummins L-10 and all other 4-stroke 
petroleum fuel urban bus engines that were originally manufactured 
prior to and including the 1993 model year. The kit includes a diesel 
oxidation converter muffler (CM). The application was submitted under 
EPA's Urban Bus/Retrofit program under Program 2 only.1
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    \1\ EPA promulgated the Retrofit/Rebuild Requirements for 1993 
and Earlier Model Year Urban Buses on April 23, 1993 (58 FR 21359). 
This final rule established the provisions for an urban bus 
retrofit/rebuild program as required by section 219(d) of the Clean 
Air Act Amendments (CAAA) of 1990.
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    The CM functions as a catalytic converter and a muffler. It takes 
the place of the original muffler in the engine exhaust system. Through 
testing in accordance with the Federal Test Procedure for heavy-duty 
diesel engines, ECS documented that emissions of particulate matter 
(PM) were reduced by 19% with the candidate equipment installed on the 
test engine. The CM is certified for use with Program 2 to provide an 
18% reduction relative to the original engine configuration. 
Additionally, the equipment is certified to provide an 18% reduction on 
engines equipped with certified rebuild kits that do not include a 
converter muffler. This equipment is certified to the PM emission 
levels as specified in Table A. below.

                                       Table A.--ECS Retrofit/Rebuild Certification Levels for Cummins Engines \2\                                      
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                                                                                                                                             Retrofit PM
                                         Control                                           New engine                                         level with
            Engine family               parts list            Manufacture dates             PM level         Retrofit PM level with CM          CM and  
                                          (CPL)                                                                                              Cummins kit
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343B.................................          780  11/20/85 to 12/31/87................         0.58  0.48................................         0.28
343B.................................          781  11/20/85 to 12/31/87................          .59  .48.................................          .28
343C.................................         0774  11/20/85 to 12/31/89................          .46  .38.................................          .28
343C.................................         0777  11/20/85 to 12/31/89................          .61  .50.................................          .28
343C.................................         0996  12/04/87 to 08/19/88................          .61  .50.................................          .28
343C.................................         1226  07/26/88 to 12/31/90................          .50  .41.................................          .28
343F.................................         1226  07/12/90 to 08/26/92................          .45  .37.................................          .28
343F.................................         1441  12/18/90 to 12/31/92................          .46  .38.................................          .28
343F.................................         1622  04/24/92 to 12/31/92................          .46  .38.................................          .28
343F.................................         1624  04/24/92 to 12/31/92................          .45  .37.................................          .28

[[Page 4447]]

                                                                                                                                                        
Other 4-stroke engines...............  ...........  1985 to 1993........................  ...........  18% reduction from original PM               N/A 
                                                                                                        levels.                                         
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\2\ The New Engine PM certification levels are based on the certification level or the average test audit result for each engine family. It is noted    
  that for engine family 343F, although the PM standard for 1991 and 1992 was 0.25 g/bhp-hr and the NOX standard was 5.0 g/bhp-hr, Cummins certified the
  1226, 1441, 1622, and 1624 CPLs to a Federal Emission Limit (FEL) of 0.49 g/bhp-hr PM and 5.6 g/bhp-hr NOX under the averaging, banking and trading   
  program.                                                                                                                                              

    Urban bus operators who choose to comply with Program 2 and use the 
ECS equipment will use the PM emission value from Table A when 
calculating their average fleet PM level.
    In addition, EPA has completed its review of ECS' February 11, 1997 
request to amend the kit approved by EPA on January 6, 1997 (62 FR 46) 
which demonstrated a 25% reduction in PM for 1979 to 1993 DDC 2-stroke 
engines to also include 8V71N engines for model years 1973 to 1984. The 
certification covers those engines that are rebuilt to original 
specifications or in-use engines that are not rebuilt at the time the 
CM is installed provided the engine meets specified oil consumption 
limits. This certification does not trigger any new rebuild 
requirements for applicable engines because the requirement to use 
equipment certified to achieve at least a 25% reduction has already 
been triggered for the 8V71N engines. The PM certification levels are 
provided in Table B. below.

Table B.--ECS Retrofit/Rebuild Certification Levels For DDC 8V71N Models
------------------------------------------------------------------------
                                             PM level                   
                                    Model      with                     
        DDC engine model            year    converter     Code/family   
                                             muffler                    
------------------------------------------------------------------------
8V71N...........................   1973-84       0.38  All.             
------------------------------------------------------------------------

II. Summary and Analysis of Comments

    EPA received comments from one party on the ECS application during 
the comment period. The Chicago Transit Authority commented on the 
backpressure shown in the data for the 4-stroke kit noting the increase 
by 4.7% (from 2.36'' Hg to 2.47'' Hg with a new catalytic converter. 
The CTA expressed concerns about the increase in backpressure 
restriction of the engine and the negative effects, as the catalytic 
converter accumulates mileage in service. The CTA also commented that 
the fuel consumption increased from 0.397 lb/bhp-hr in the baseline 
engine test to 0.403 lb/bhp-hr in the test with the catalyst by 1.51%. 
It was noted by CTA that if the increase in fuel consumption in a 4-
stroke Cummins engine also applies to the 2-stroke DDC engine, CTA will 
incur an additional expense of approximately $122,766 based on it's 
operation of 1,115 buses with DDC 6V92TA diesel engines. CTA also 
commented that the catalytic converter should be tested for structural 
durability to ensure it will hold up in service and that in the absence 
of a durability test structural failure of the catalytic muffler should 
be covered for 150,000 miles with no time limitation.
    In regard to concerns expressed relative to the backpressure 
concern, ECS indicates in a letter to EPA dated September 17, 1997, 
that it designs its catalyst units to provide backpressure comparable 
to the original muffler. The test catalyst utilized the minimum 
catalyst volume in what ECS termed the poorest flowpath that could be 
used for Cummins L10 engines according to ECS. ECS reported that all 
tests to date have shown that the converter muffler designs maintain 
exhaust system backpressure under the maximum level recommended by 
Cummins (3 inches of Mercury). The catalyst used by ECS for exhaust 
testing had been degreened, that is, put in place on an exhaust system 
for 100 hours under steady state conditions to more closely represent 
the performance of an in-use catalyst.
    With regard to comments on fuel consumption, the CTA noted that if 
the 1.51% increase in fuel consumption seen in the 4-stroke testing 
were applicable to the 2-stroke engines, CTA would incur additional 
fuel expenses for a large number of engines in its fleet. Since the 
certification being discussed herein relative the 4-stroke application 
and the testing performed on the 4-stroke engine is relevant only to 
the 4-stroke application, the discussion of the application of the 4-
stroke catalyst and its application and effects on fuel economy on a 2-
stroke engine would not be pertinent. Therefore, this comment does not 
address the 4-stroke application. Further, since the 4-stroke 
application being reviewed herein is for certification under Program 2 
only, operators are not required to purchase this equipment as it is 
not trigger technology. Any decision by an operator to purchase this 
equipment can be made by an operator based on individual fleet 
composition and evaluation of the costs associated with available 
compliance options.
    With regard to CTA's concern that the catalytic converter should be 
tested for structural durability to ensure it will hold up in service 
and that in the absence of the durability test structural failure of 
the catalytic muffler should be covered for 150,000 miles with no time 
limitation, the regulations at section 85.1409(a) require that the 
certifier shall warrant the retrofit/rebuild equipment will not cause 
an urban bus engine to exceed emission requirements for a period of 
150,000 miles from when the equipment is installed. Section 85.1409(b) 
requires that the certifier shall replace all defective parts, free of 
charge for a period of 100,000 miles from when the equipment is 
installed. There is no time limitation on the time the warranties are 
in effect. In addition, there is no requirement in the regulations that 
the certifier shall provide durability data on the equipment. As 
discussed in the preamble to the final rule (58 FR page 21379, April 
21, 1993) EPA decided not to require durability testing for this 
program. Any change to the warranty requirements can be made only 
through a regulatory amendment process which is beyond the scope of the 
certification decision being made in this document.
    With regard to the ECS request to amend the previously certified 
kit to include the DDC 8V71N, CTA commented on engine exhaust 
backpressure restriction and structural durability of the catalytic 
converter. Again, in the absence of a durability test, CTA recommended 
that the structural failure of the catalytic converter muffler should 
be covered for 150,000 miles with no time limitation.
    ECS has stated that it designs the systems to include a larger 
catalyst

[[Page 4448]]

volume which results in lower particulate mass flow through each 
individual substrate cell and a greater catalyst volume to ensure the 
substrate remains free from excessive carbon build up. According to 
ECS, this ensures that the converter muffler exhaust backpressure will 
remain within acceptable levels throughout the normal life. With regard 
to the request to perform durability testing and to require that the 
converter muffler should be warranted for 150,000 miles, please refer 
to the discussion of these concerns in the section above.

III. Certification Approval

    The Agency has reviewed this application, along with comments 
received from interested parties, and finds that this equipment reduces 
particulate matter emissions without causing urban bus engines to fail 
to meet other applicable Federal emission requirements. Additionally, 
EPA finds that installation of this equipment will not cause or 
contribute to an unreasonable risk to the public health, welfare or 
safety, or result in any additional range of parameter adjustability or 
accessibility to adjustment than that of the engine manufacturer's 
emission related part. The application meets the requirements for 
certification under the Retrofit/Rebuild Requirements for 1993 and 
Earlier Model Year Urban Buses (40 CFR sections 85.1401 and 85.1415). 
Thus, the Agency hereby approves the certification of this equipment.

IV. Operator Requirements and Responsibilities

    With regard to the 4-stroke kit, for operators who have chosen to 
comply with Program 2, this equipment is immediately available for use 
and those who use this certified kit may claim the PM emissions 
reduction as stated in Table A when calculating their Fleet Level 
Attained. With regard to the 2-stroke amendment for the previously 
certified kit, the kit may be used to meet the requirements of both 
Programs 1 and 2 for the 8V71N engine family for model years 1973-84.
    As stated in the regulations, operators should maintain records for 
each engine in their fleet to demonstrate that they are in compliance 
with the requirements, beginning January 1, 1995. These records include 
purchase records, receipts, and part numbers for the parts and 
components used in the rebuilding of urban bus engines.

    Dated: January 20, 1998.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 98-2211 Filed 1-28-98; 8:45 am]
BILLING CODE 6560-50-P