[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Notices]
[Pages 13660-13662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7308]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5984-3]


Retrofit/Rebuild Requirements for 1993 and Earlier Model Year 
Urban Buses; Approval of an Application for Certification of Equipment

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 
bus retrofit/rebuild equipment for 4-stroke petroleum fueled diesel 
engines pursuant to 40 CFR part 85, subpart O from Engelhard 
Corporation (Engelhard). Pursuant to Sec. 85.1407(a)(7), a June 16, 
1997 Federal Register notice 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. 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. Accordingly, EPA certifies this equipment effective 
March 20, 1998.
    The Agency received an application dated October 18, 1996 from 
Engelhard with principal place of business at 101 Wood Ave, South 
Iselin, New Jersey 08830-0770 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 32599). Testing documentation 
presented to the Agency demonstrates a reduction in particulate matter 
(PM) of at least 25% for 1992-1993 Cummins electronically controlled L-
10 petroleum fueled diesel engines that were not originally equipped 
with an aftertreatment device. The equipment meets the life-cycle cost 
requirements of the urban bus retrofit/rebuild program for 
certification. As such, it triggers the requirements for operators 
choosing to comply with compliance program 1 for the applicable 
engines. It may also be used by operators utilizing program 2 to 
achieve target fleet emission levels.

DATES: The date of this notice March 20, 1998, is the effective date of 
certification for the equipment.

ADDRESSES: The application, as well as other materials specifically 
relevant to it, are contained in Public Docket A-93-42 (Category XVII-
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) 564-9259.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 18, 1996 Engelhard applied for certification of a kit, 
for use on 4-cycle petroleum fueled diesel Cummins L-10 urban bus 
engines that were originally manufactured prior to and including the 
1993 model year. The notification of intent to certify stated that the 
candidate equipment would reduce PM emissions by 25% or more on engines 
that have been rebuilt to Cummins specifications. The test engine

[[Page 13661]]

was a 1992 280 HP Cummins L-10 EC engine model. Two tests were 
performed, 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 the candidate equipment installed. The test data also show that 
hydrocarbon (HC), carbon monoxide (CO) and oxides of nitrogen 
(NOX) are less than applicable standards. Fuel consumption 
is not affected when the candidate equipment is installed based on 
comparison of the test results. Engelhard presented smoke emission 
measurements for the engine demonstrating compliance with applicable 
standards.
    Pricing information was submitted indicating that the equipment 
will be offered to all affected operators for less than the incremental 
life-cycle cost ceiling ($2,000 in 1992 dollars). Therefore, 
certification of this equipment triggers the 25% reduction standard for 
the applicable engines.
    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 exhaust system. The CMX is intended 
to be maintenance free, requiring no service for the full in-use 
compliance period. The engine fuel to be used with this equipment is 
diesel fuel with a maximum sulfur content of 0.05 wt.% sulfur.
    Engelhard had requested approval for all Cummins L-10 engines 
manufactured prior to and including 1993 based on exhaust emission data 
from testing a 1992 280 HP Cummins L-10 EC (electronic control) engine. 
In the notice of June 16, 1997 EPA noted that this certification would 
only be applicable to the 1992-1993 L-10 EC model, based on the testing 
performed on a 1992 model year engine. Engelhard indicated that it 
planned to supply additional testing data on another engine in order to 
extend this certification to additional models. EPA indicated that it 
would consider such information and provide the opportunity for public 
comment upon receipt. However, sufficient additional information has 
not been received from Engelhard to alter the applicability of this 
application. In view of the delay being caused while the additional 
information is gathered, Engelhard requested that EPA proceed with this 
action with the applicability of this certification being limited to 
the 1992-1993 Cummins L-10 EC model at this time. Table A. below 
provides the emission levels that apply to this certification.

  Table A.--Engelhard Retrofit/Rebuild Certification Levels for Cummins 
                                 Engines                                
------------------------------------------------------------------------
                                                                 PM     
                                                           certification
            Cummins engine model               Model year    level with 
                                                            CMX  (g/bhp-
                                                                hr)     
------------------------------------------------------------------------
L-10 EC.....................................    1992-1993         0.19  
------------------------------------------------------------------------

    Under program 1, all rebuilds or replacements of applicable engines 
performed 6 months following the effective date of this certification 
must use this certified Engelhard equipment (or other equipment 
certified to reduce PM by at least 25 percent). This requirement will 
continue for such engines until such time as it is superseded by 
equipment that 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). 
Engelhard has certified this equipment to a post-rebuild PM 
certification level of 0.19 g/bhp-hr. Urban bus operators who choose to 
comply with program 2 and use this equipment will use this PM emission 
value from Table A. when calculating their average fleet PM level.

II. Summary and Analysis of Comments

    EPA received comments from two parties on the Engelhard application 
during the comment period. The Chicago Transit Authority commented 
that, while it had no specific comments relative to the Engelhard 
application, durability testing should be performed with all catalytic 
converters and expressed a concern over increased backpressure and 
possible negative effects as the catalytic converter accumulates 
mileage in service. Engine Control Systems, Ltd.(ECS) commented that 
this application should only apply to the 1992-1993 L-10 EC model. ECS 
also asked if the muffler system for which certification is requested 
by Engelhard will include a removable catalyst section or be fully 
sealed.
    In regard to concerns expressed relative to the need for durability 
testing, the retrofit/rebuild regulation does not require durability 
testing. However, while the regulation does not require durability 
testing, it does require that the certifier supply a defect warranty 
over the initial 100,000 mile period of use of a certified system. 
Accordingly, the certifier is required to replace any defective part 
that is included in the certified kit during the 100,000 mile warranty 
period. With regard to the issue of backpressure increase and concern 
over negative effects on the engine, no specific information was 
provided by the CTA relative to the certification being discussed 
herein. Therefore, EPA does not find reason to deny this certification 
based on these concerns. However, should operators experience 
backpressure increase during use and negative engine effects, such 
information should be provided to EPA so that this issue may be 
reviewed in greater detail.
    ECS commented that this application should only apply to the 1992-
1993 L-10 EC model. EPA has determined that it is appropriate to limit 
this certification to apply to the 1992-1993 Cummins L-10 EC model 
based on the test data provided. In the future, Engelhard may supply 
additional information to extend the applicability of this 
certification to other models. If this occurs, EPA will provide the 
opportunity for public comment. ECS also asked if the muffler system 
for which certification is requested by Engelhard will include a 
removable catalyst section or be fully sealed. In a letter dated 
September 29, 1997, Engelhard states that each muffler is specifically 
designed to fit a specific bus, engine and exhaust configuration. These 
designs may or may not include a removable center body. However, if at 
all possible it is Engelhard's practice to utilize the removable center 
body technology in its muffler designs.

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 85.1401 and 85.1415).

[[Page 13662]]

IV. Operator Requirements and Responsibilities

    This equipment may be used immediately by urban bus operators who 
have chosen to comply with either program 1 or program 2. Operators 
having certain engines who have chosen to comply with program 1 must 
use equipment certified within cost limitations to reduce PM emissions 
by 25 percent or more when those engines are rebuilt or replaced. 
Today's Federal Register notice certifies the above-described Engelhard 
equipment as meeting the PM reduction and cost limitation requirement. 
Urban bus operators choosing to comply with program 1 must use the 
certified Engelhard equipment (or other equipment that is certified in 
the meantime to reduce PM by at least 25%) for any engine that is 
listed in Table A that undergo rebuild on or after September 21, 1998, 
until such time as the 0.10 g/bhp-hr standard is triggered for the 
applicable engines.
    Operators who choose to comply with program 2 and use the Engelhard 
equipment will use the appropriate PM emission level from Table A. when 
calculating their fleet level attained (FLA).
    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: March 12, 1998.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 98-7308 Filed 3-19-98; 8:45 am]
BILLING CODE 6560-50-P