[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Notices]
[Pages 65780-65783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31805]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6194-9]


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 (EPA).

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 a request to amend a notification of 
intent to certify urban bus retrofit/rebuild equipment pursuant to 40 
CFR part 85, subpart O from the Engelhard Corporation (Engelhard). On 
March 20, 1998 (63 FR 13660) EPA certified a Engelhard retrofit 
catalytic muffler which demonstrated a 25% reduction in particulate 
matter (PM) for 1992-1993 Cummins L-10 electronically-controlled (EC) 
petroleum-fueled diesel engines (that are not originally equipped with 
aftertreatment devices). In the original notification dated October 18, 
1996, Engelhard requested approval for all Cummins L-10 engines 
manufactured prior to and including 1993. However, EPA noted in the 
March Federal Register document that, based on the test engine, 
certification could only apply to 1992-1993 L-10 EC (electronically 
controlled) models. EPA stated that should Engelhard provide additional 
information requesting to extend this certification to additional 
models, EPA would provide the opportunity for public comment. EPA has 
since received such information from Engelhard, and Engelhard is 
requesting that certification be extended to include all pre-1994 
Cummins L-10 engines and all other 4-stroke urban bus engines.
    In addition to providing a summary of the notification in this 
document, EPA is identifying the engines that are included in the, 
``all other 4-stroke urban bus engine'' classification under the urban 
bus retrofit/rebuild program. After receipt and review of the comments, 
EPA will publish in the Federal Register a listing of the engines to be 
included in the ``all other 4-stroke engine'' classification. It is 
intended that this listing would define the classification ``all other 
4-stroke engines,'' as it applies to the candidate equipment of today's 
document, as well as other previously certified urban bus retrofit/
rebuild equipment.
    Pursuant to part 85.1407(a)(7), today's Federal Register document 
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 the 
additional information submitted relative to the notification of intent 
to certify, as well as comments received, to determine whether the 
additional models identified in the amendment to the notification of 
intent to certify should be included in the certification. If 
certified, the equipment can be used by urban bus operators to reduce 
the particulate matter of urban bus engines.
    The Engelhard amendment information, the original notification of 
intent to certify, as well as other materials specifically relevant to 
it, are 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 document initiates a 45-day period during which the Agency 
will accept written comments relevant to whether or not the additional 
models should be included in this notification of intent to certify and 
whether the models listed for the ``all other 4-stroke

[[Page 65781]]

engines'' are appropriate. 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 January 14, 1999.

ADDRESSES: Submit separate copies of comments to the two following 
addresses:
    1. U.S. Environmental Protection Agency, Public Docket A-93-42 
(Category XVII-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) 564-9259.

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 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 stated that the 
candidate equipment would reduce PM emissions 25 percent or more on 
petroleum-fueled diesel engines that are rebuilt to Cummins 
specifications.
    The candidate equipment consists of a ``catalytic converter 
muffler'' or CMXTM, that is a muffler containing an 
oxidation catalyst. The emission testing data is provided in Table A. 
Applicable engines are discussed further below.
    Life cycle cost information was submitted with the original 
notification, along with a guarantee that the equipment would be 
offered to all affected operators for less than the incremental life 
cycle cost ceiling. EPA's certification of this equipment triggered the 
requirements for operators using compliance option 1, to reduce PM by 
25% when rebuilding or replacing 1992-1993 Cummins L-10 EC models. As a 
trigger of this standard, urban bus operators are required to use this 
retrofit/rebuild equipment, or other equipment certified to provide a 
PM reduction on any applicable engine that is rebuilt on or after 
September 21, 1998.
    In a letter to EPA dated April 20, 1998, Engelhard requested that 
the certification be amended to include all pre-1994 Cummins L-10 
models and all other 4-stroke urban bus engines. Table B of this notice 
provides a listing of the additional 4-stroke urban bus engines to 
which the candidate equipment is believed to be applicable (refer to 
footnote 3). EPA requests comment on the appropriateness of the engines 
currently listed in Table B and information on any additional engines 
for which this certification may be applicable.
    Identification of the engines in this classification was deemed to 
be necessary based on a letter from Engelhard dated March 16, 1998 
which states that the inclusion of ``all other 4-stroke engines'' in 
the Engine Control Systems certification dated January 29, 1998 (63 FR 
4445) was causing confusion in the marketplace because it was not clear 
which engines were included in the ``all other 4-stroke engine'' 
classification. Accordingly, this notice seeks to clarify this matter 
by identifying the applicable engines. EPA is requesting additional 
information on the appropriateness of the engines identified in Table B 
of this notice for this classification. It is EPA's intent that the 
list of engines will apply to the candidate Engelhard certification 
discussed herein, the Engine Control Systems certification referenced 
above and to future notifications of intent to certify equipment under 
the urban bus retrofit regulations that include engines in the ``all 
other 4-stroke'' classification.
    Engelhard is requesting that the amendment be certified as 
providing a 25% particulate matter emission reduction. Engelhard is 
requesting that the certification apply to both options 1 and 2. 
Engelhard has not provided life-cycle cost data in the amendment 
request relative to the additional engines that are covered in the 
amendment. Therefore, this amendment request, if approved, will not 
trigger new requirements for any of the models covered by the 
amendment.
    The equipment to be applied to the engines 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 standard diesel fuel with a maximum sulfur content of 0.05 wt.% 
sulfur.
    Engelhard has requested approval for all Cummins L-10 engines and 
all other urban bus 4-stroke engines manufactured prior to and 
including 1993. As a basis for this certification, Engelhard presents 
exhaust emission data from testing a 1987 240hp Cummins L-10 engine, 
control parts list number 0777 (CPL# 0777) along with test data to 
support this certification.

[[Page 65782]]

Engelhard states that the test engine selected (CPL# 0777) can be 
considered worst case. The urban bus regulation 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 0.61 g/bhp-hr. The PM levels listed in the table at 
part 85.1403(c)(1)(iii)(A) for all Cummins models are lower than the 
stated level for the test engine. Under 40 CFR 85.1406(a), a test 
engine must represent the ``worst case'' with respect to particulate 
emissions of all those engine configurations for which the equipment is 
being certified. The worst case configuration is the engine 
configuration having the highest engine-out PM level, prior to 
installation of the retrofit/rebuild equipment. EPA requests comments 
and information concerning identification of the engines to which the 
candidate equipment is applicable.
    In its amendment request Engelhard also presents additional test 
data and information on the 1987 Cummins L-10 mechanical injection 
engine, engine serial number 48407900. This engine was first rebuilt to 
CPL# 0774 by Cummins Recon in South Carolina and tested for emissions. 
Subsequently, this engine was rebuilt to CPL# 0777 (rated at 240 
horsepower) by Engine Test Services (ETS) in South Carolina and tested 
for emissions. Both CPLs were tested for baseline emissions and 
emissions with a CMX installed. All testing was conducted at the ETS 
laboratory in South Carolina in accordance with the Federal Test 
Procedure. For CPL# 0774 the test data show a PM level of 0.476 g/bhp-
hr for the base engine without the CMX. On CPL# 0774, Engelhard 
conducted tests on two different catalyst formulations. With the 
candidate equipment installed, the results show a PM level of 0.326 g/
bhp-hr with formulation 1 and a PM level of 0.287 g/bhp-hr with 
formulation 2. This represents a PM reduction of 31.5% and 39.7% 
respectively with 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 for the baseline engine was 0.399 lb/bhp-hr during the 
test. Fuel consumption for the tests conducted with the candidate 
equipment installed was 0.394 lb/bhp-hr for each formulation.
    For CPL# 0777 the test data show a baseline PM level of 0.473 g/
bhp-hr without the CMX. The results show a PM level of 0.335 g/bhp-hr 
with the CMX installed (only one formulation was tested). This 
represents a PM reduction of 29%. The test data also show that 
hydrocarbon (HC), carbon monoxide (CO), and oxides of nitrogen 
(NOx) are less than applicable standards. Fuel consumption 
for the baseline test was 0.413 lb/bhp-hr. Fuel consumption for the 
tests conducted with the CMX installed was 0.400 lb/bhp-hr. Engelhard 
presents smoke emission measurements demonstrating compliance with 
applicable standards.
    Engelhard provided supporting information and testing data 
regarding this candidate certification in submissions to EPA dated 
September 29, 1997, January 30,1998, March 30, 1998 and April 20, 1998. 
In the September, January and March submissions, Engelhard provides 
testing data demonstrating a 25% on a Cummins L-10 engine built to CPL# 
0774 as discussed above. Additionally, the March 30, 1998 submission 
includes information on the ability of the Engelhard equipment to 
reduce both soluble and insoluble particulate in the exhaust stream. In 
the submission of April 20, 1998, Engelhard provides information and 
testing data demonstrating a 25% reduction on the Cummins L-10 engine 
built to CPL# 0777.

                                  Table A.--Exhaust Emissions Summary G/BHP-HR
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                                                                            1987 L-10 w/ CMX
   Gaseous and particulate test    1987 L-10 Baseline  1987 L-10 Baseline  CPL# 0774 Formula   1987 L-10 w/ CMX
                                        CPL# 0774           CPL# 0777         1/formula 2          CPL# 0777
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HC...............................               2.29                2.29           1.07/0.68               1.07
CO...............................               2.19                2.65           1.52/1.01               1.31
NOX..............................               5.50                5.89           5.23/5.09               5.41
PM...............................               0.476               0.473        0.326/0.287               0.335
BSFC 1...........................               0.399               0.413        0.394/0.394               0.400
Smoke Test:
    ACCEL........................               8.2%               11.7%          9.3%/11.0%              10.9%
    LUG..........................               1.5%                1.7%           1.8%/1.4%               2.0%
    PEAK.........................              14.8%               29.2%         15.7%/20.3%              24.8%
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\1\ Brake Specific Fuel Consumption (BSFC) is measured in units of lb/bhp-hr.

    Engelhard has not provided life-cycle cost data relative to this 
notification amendment. Therefore, this equipment will not be 
considered for certification in compliance with the life-cycle cost 
requirements of the standard for the additional engines covered by the 
amendment.
    If the Agency certifies the candidate Engelhard equipment operators 
will be affected as follows. Under Program 1, this equipment would be 
available for all rebuilds of applicable Cummins L-10 urban bus engines 
and other 4-stroke urban bus engines listed in footnote 3 of Table B 
following the effective date of certification. With regard to the 
Cummins L-10 models included in this amended notification of intent to 
certify by Engelhard, triggering equipment has already been certified 
by EPA. On December 13, 1995 EPA published a document in the Federal 
Register (60 FR 64046) approving certification of equipment for the 
applicable L-10 models for the Cummins Engine Company.
    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 that triggers 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, then 
operators who choose to comply with Program 2 and install this 
equipment may use the PM emission level(s) established during the 
certification review process in their calculations for fleet level as 
specified in the program regulations. Emission levels proposed by 
Engelhard are provided in Table B.

[[Page 65783]]



                                     Table B--Engelhard Retrofit/Rebuild Certification Levels For 4-stroke Engines 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                            Retrofit PM
          Cummins/ other engine family            Control parts             Manufacture Dates              New Engine PM    Retrofit PM    level with CM
                                                   list (CPL)                                                  level       level with CM   & Cummins kit
--------------------------------------------------------------------------------------------------------------------------------------------------------
343B...........................................             780  11/20/85 to 12/31/87...................            0.58            0.44            0.26
343B...........................................            0781  11/20/85 to 12/31/87...................            0.59            0.44            0.26
343C...........................................            0774  11/20/85 to 12/31/89...................            0.46            0.34            0.26
343C...........................................            0777  11/20/85 to 12/31/89...................            0.61            0.46            0.26
343C...........................................            0996  12/04/87 to 08/19/88...................            0.61            0.46            0.26
343C...........................................            1226  07/26/88 to 12/31/90...................            0.50            0.38            0.26
343F...........................................            1226  07/12/90 to 08/26/92...................            0.45            0.34            0.26
343F...........................................            1441  12/18/90 to 12/31/92...................            0.46            0.34            0.26
343F...........................................            1622  04/24/92 to 12/31/92...................            0.46            0.34            0.26
343F...........................................            1624  04/24/92 to 12/31/92...................            0.45            0.34            0.26
 Other 3 4-stroke engines......................             N/A  Pre-1988...............................            0.50            0.38             N/A
Other 4-stroke engines.........................  ..............  1988 To 1993...........................            ( 4)  25 % reduction             N/A
                                                                                                                                    from
                                                                                                                           certification
                                                                                                                               PM levels
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\2\ The New Engine PM certification levels for Cummins engines 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.
\3\ Applicable to the following 4-stroke engines: Caterpillar 8 cylinder engines, General Motors 6 cylinder and 8 cylinder engines, International
  Harvester/Navistar 8 cylinder engines, MAN 6 and 8 cylinder engines, Saab-Scania 6 cylinder engines, and Volvo 6 cylinder engines installed in
  applicable urban buses.
\4\ Certification level.
* Not applicable.

    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 part 85.1406, including whether the 
testing accurately proves the claimed emission reduction or emission 
levels; and, (2) the requirements of part 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.
    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 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.

    Dated: November 20, 1998.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 98-31805 Filed 11-27-98; 8:45 am]
BILLING CODE 6560-50-P