[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11864-11866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5959]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6308-7]


Retrofit/Rebuild Requirements for 1993 and Earlier Model Year 
Urban Buses; Public Review of Cost Information Related to the 
Certification of Retrofit/Rebuild Equipment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of EPA receipt of cost information related to 
certification of equipment and initiation of 45-day public review and 
comment period.

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SUMMARY: Johnson Matthey, Incorporated (JM) has submitted to EPA, life 
cycle cost information that applies to the existing certification of 
their CCTTM Upgrade kit.
    A Federal Register notice dated December 3, 1998 (63 FR 66798) 
announced that EPA certified the JM CCT Upgrade Kit 
to comply with the 0.10 g/bhp-hr particulate matter (PM) standard of 
the Urban Bus Rebuild Program (40 CFR part 85, subpart O). The kit is 
applicable to 1985 through 1993 model year Detroit Diesel Corporation 
6V92TA DDEC II urban bus engines having electronic fuel control. That 
certification is not based on the optional compliance with life cycle 
requirements of the program.
    In documents dated January 26, 1999, JM provided life cycle cost 
information to EPA for the CCT kit, as it applies to engines of model 
years 1988 through 1993. Copies of the JM information is available for 
review in the public docket located at the address indicated below.
    Pursuant to Sec. 85.1407(a)(7), today's Federal Register notice 
announces that the information is available for public review and 
comment, and initiates a 45-day period during which comments can be 
submitted. EPA will review the information submitted by JM, as well as 
comments received during the public review period, to determine whether 
certification of the JM equipment should be expanded to include the 
basis of life cycle cost. If JM's certification is expanded to include 
the life cycle cost basis, then it may ``trigger'' the 0.10 g/bhp-hr 
standard for the applicable engines, to the extent a trigger is not 
already in existence. This is discussed below in additional detail.
    Comments should be provided in writing to Public Docket A-93-42, 
Category XXI, at the address below. An identical copy should be 
submitted to William Rutledge, also at the address below.
    Category XXI of Public Docket A-93-42, entitled ``Certification of 
Urban Bus Retrofit/Rebuild Equipment'' contains JM's notification of 
intent to certify, new cost information, and other materials 
specifically relevant to it. This docket is located at the address 
below.

DATES: Comments must be submitted on or before April 26, 1999.

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 XXI), Room M-1500, 401 M Street SW, Washington, DC 20460.
    2. William Rutledge, Engine Programs and Compliance Division (mail 
code 6403J), 401 ``M'' Street SW, Washington, DC 20460.
    The JM 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 EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: William Rutledge, Engine Programs and 
Compliance Division (6403J), U.S. Environmental Protection Agency, 401 
M Street SW, Washington, DC 20460. Telephone: (202) 564-9297.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 21, 1993, EPA 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: 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. In 
general, to meet either of the two compliance options, operators of the 
affected buses must use equipment which has been certified by EPA.
    A key aspect of the program is the certification of retrofit/
rebuild equipment. Emissions requirements under either of the two 
compliance options depend on the availability of retrofit/rebuild 
equipment certified 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, 
if equipment is not certified as meeting the 0.10 PM standard, 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)

[[Page 11865]]

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 emissions. Both of these values are based on 
1992 dollars and are increments above costs associated with a standard 
rebuild. If EPA determines that the life cycle cost limit is met, then 
certification would be based on ``life cycle cost'' in addition to 
reducing PM emissions.
    Under program 2, operators calculate their average fleet emissions 
using specified engine PM emission levels (as well as other factors).
    As described in a Federal Register notice on September 21, 1998 (63 
FR 50225), EPA certified the ETX-2002TM Emissions Rebuild 
Kit supplied by the Engelhard Corporation. The ETX kit applies to 1988 
through 1993 model year Detroit Diesel Corporation 6V92TA DDEC II 
engines having electronic fuel control and rated at either 253 or 277 
horsepower (hp). That notice states that certification of the ETX kit 
means that transit operators using compliance program 1 must use 
rebuild kits certified to the 0.10 g/bhp-hr PM standard when rebuilding 
or replacing the applicable engines after March 22, 1999.
    The September Federal Register notice states that certification of 
Engelhard's ETX kit, as it applies to engines of model years 1988 
through 1990, is conditional pending demonstration by Engelhard that 
any replacement engine control module (ECM) or any replacement ECM 
program used in conjunction with the kit would not adversely impact the 
emissions of NOx. As a result of revisions necessitated by the 
demonstration, Engelhard has expressed concerns regarding the ability 
of the ETX kit, regardless of model year, to meet life cycle cost 
requirements of the regulation. In view of Engelhard's concerns, EPA is 
currently reviewing the status of the 0.10 g/bhp-hr standard for 1988--
1993 6V92TA DDEC II engines. In general, certification lacking 
compliance with the cost requirements does not restrict use of a kit by 
operators. However, a program emissions standard can only be triggered 
when equipment is certified to life cycle cost requirements.
    If the JM CCT kit is certified to comply with the life cycle cost 
requirements, then it may establish requirement on operators that 
choose to comply with compliance option 1, depending upon the ultimate 
status of the Engelhard certification. This is discussed further in 
Section III below.

II. Information Concerning Cost and Availability

    EPA announced certification of the JM CCT Upgrade Kit in the 
Federal Register on December 3, 1998 (63 FR 66798). That certification 
is based on compliance with the 0.10 g/bhp-hr PM standard, without 
determination of compliance with the life cycle cost requirements of 
the urban bus program. In view of the uncertain nature of the current 
0.10 g/bhp-hr standard that applies to the 6V92TA DDEC II engines, JM 
has submitted cost information to EPA for evaluation.
    In documents signed January 26, 1999, JM presents life cycle cost 
information in a revised section 6 of their notification of intent to 
certify the CCT Upgrade Kit. JM also guarantees to make the equipment 
available to all operators for less than the applicable life cycle cost 
ceiling. JM presents data in support of their claim that the life cycle 
cost of the CCT kit is less than $7,940 (in 1992 dollars) incremental 
to the cost for a standard rebuild.
    The life cycle cost analysis is based on JM's first supply option. 
In the first supply option, as described in the December 3, 1998 
Federal Register notice, JM is to provide the following parts: CEM II 
catalytic muffler, patented engine camshafts, CCT cylinder kits, 0.015 
offset key, fuel injectors, 40T blower gear, turbocharger, blower 
assembly, blower bypass valve, and if necessary, the ECM program (also 
known as the ``certification word code''). The cylinder heads and 
gasket kit are not included with the CCT kit.

III. Potential Impact on Transit Operator

    Today's Federal Register notice announces that life cycle cost 
information for the JM CCT Upgrade Kit is available for public review. 
If certified to comply with the life cycle cost requirements of the 
Urban Bus Rebuild Program, then affected urban bus operators who choose 
to comply with compliance program 1 would be required to use this or 
other equipment certified to meet the 0.10 g/bhp-hr PM standard. If 
this certification triggers compliance with the 0.10 g/bhp-hr standard 
for these engines, then this requirement would be effective for any 
applicable engine that is rebuilt or replaced six months from the date 
such certification is announced in the Federal Register. However, to 
the extent the requirement has already been triggered, then the 
previous trigger date would apply. See 63 FR 50225 (September 21, 1998) 
concerning the certification of the Engelhard equipment.
    The Johnson Matthey CCT kit is currently certified to comply with 
the 0.10 g/bhp-hr standard and can be used by all operators towards 
compliance with the urban bus program requirements. Operators who use 
this equipment and choose to comply with compliance program 2, would 
claim the PM certification level for the CCT kit (0.10 /bhp-hr) when 
calculating their Fleet Level Attained (FLA).
    Today's Federal Register notice initiates a 45-day period during 
which EPA will accept written comments relevant to whether or not the 
information in the JM notification of intent to certify complies with 
the life cycle cost requirements of the urban bus rebuild regulations. 
To determine whether the JM notification complies with the requirements 
of the urban bus rebuild regulations, EPA will review the information 
provided by JM and the comments received on life cycle costs during the 
45-day period, and attempt to resolve or clarify issues as necessary. 
EPA will review the available information to determine whether there is 
adequate demonstration of compliance with the life cycle cost 
requirements of 40 CFR 85.1403(b) and 85.1407(a), including whether the 
data provided by JM complies with the life cycle cost requirements.
    EPA requests that those commenting also consider the regulatory 
requirements, plus provide comments on experience and/or knowledge 
related to the JM CCT Upgrade Kit, and rebuilding Detroit Diesel 6V92TA 
DDEC II engines, including the specific emissions-related parts, 
respective frequency of usage in rebuild, and costs.
    If EPA certifies JM's CCT Upgrade Kit on the basis of life cycle 
cost, then it may trigger program requirements for bus operators that 
have chosen to comply with program 1 to use equipment certified to the 
0.10 g/bhp-hr standard when applicable engines are rebuilt or replaced.
    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.
    Copies of the JM notification, and other related material, are 
available for review in the public docket located at the address 
indicated above. During the review process, EPA may add additional 
documents to the docket as a result of the review process. These 
documents

[[Page 11866]]

will also be available for public review and comment within the 45-day 
period.

    Dated: February 26, 1999.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 99-5959 Filed 3-9-99; 8:45 am]
BILLING CODE 6560-50-P