[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30415-30417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13802]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 85

[FRL-6352-1]


Retrofit/Rebuild Requirements for 1993 and Earlier Model Year 
Urban Buses; Status of Equipment Certified and Emissions Levels to be 
Used by Operators Using Compliance Option 2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: In an amendment (63 FR 14626, March 26, 1998) to the rule 
regarding retrofit/rebuild requirements for 1993 and earlier model year 
urban buses, EPA stated that it would review retrofit/rebuild equipment 
that was certified by July 1, 1998 and publish the post-rebuild 
particulate matter (PM) emission levels for urban bus engines affected 
by the program. Post-rebuild levels are used by operators for 
calculating target emission levels of their fleets under compliance 
Option 2. Today's Federal Register document fulfills EPA's obligation 
to review equipment certified by July 1, 1998, and to publish the post-
rebuild PM levels.

DATES: This document is effective as of June 8, 1999.

ADDRESSES: This document, as well as other materials relevant to the 
final rule, is contained in Public Docket A-91-28. This docket is 
located in room M-1500, Waterside Mall (ground floor), U.S. 
Environmental Protection Agency, 401 ``M'' Street, SW, Washington, DC 
20460.
    Dockets may be inspected from 8:00 am 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: William Rutledge, Engine Programs and 
Compliance Division (6403J), U.S. Environmental Protection Agency, 401 
M Street SW, Washington, D.C. 20460. Telephone: (202) 564-9297. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 219(d) of the Clean Air Act requires EPA to promulgate 
regulations that require certain 1993 and earlier model year urban 
buses having engines replaced or rebuilt after January 1, 1995, to 
comply with an emission standard or control technology reflecting the 
best retrofit technology and maintenance practices reasonably 
achievable. On April 21, 1993, EPA published the final Retrofit/Rebuild 
Requirements for 1993 and Earlier Model Year Urban Buses (58 FR 21359).
    The Urban Bus Retrofit/Rebuild Program requires affected operators 
of urban buses to choose between two compliance options. Option 1 
establishes particulate matter (PM) emissions requirements for each 
urban bus in an operator's fleet whose engine is rebuilt or replaced. 
These requirements are to be met by the use of certified PM-reducing 
equipment. Option 2 is a fleet averaging program that specifies annual 
target levels for average PM emissions from all the pre-1994 model year 
urban buses in an operator's fleet. The April 1993 final rule states 
that EPA will determine post-rebuild levels to be used by operators for 
calculating their target fleet emission levels under the Option 2 
averaging program. These emission levels are to be linked to equipment 
that is certified for use under compliance Option 1 and that meets an 
appropriate maximum life cycle cost requirement. The linkage of Option 
2's post-rebuild levels to equipment certified under Option 1 assures 
that the two compliance options will produce equivalent emissions 
reductions.
    The final rule divided Option 2 into two phases, the first 
applicable to the calculations of target fleet emission levels for 
calendar years 1996 and 1997, and the second applicable to the 
calculations for 1998 and thereafter. In the preamble to the final 
rule, EPA stated that it would review the retrofit/rebuild equipment 
that was certified by July 1, 1994 and again by July 1, 1996, and 
publish the respective post-rebuild emission levels for urban bus 
engines affected by the program. These reviews and updates of post-
rebuild levels were necessary because EPA expected increasing numbers 
of kits to be certified as the program progressed, but as stated in the 
preamble to the final rule, EPA believed that all equipment likely to 
be available under the program would be certified by July 1, 1996. EPA 
first published post-rebuild levels based on equipment certified by 
July 1, 1994 in a Federal Register document dated September 2, 1994 (59 
FR 45626). EPA subsequently updated the post-rebuild levels, based on 
equipment certified by July 1, 1996, in a Federal Register document 
dated August 16, 1996 (61 FR 42764).
    In an amendment to the rule (63 FR 14626; March 26, 1998), EPA 
provided for the review of equipment certified by July 1, 1998, and the 
corresponding revision of the post-rebuild levels as necessary. This 
amendment was necessary because certification of equipment was not 
proceeding at the pace originally expected, and EPA had certified 
several kits to the 0.10 g/bhp-hr standard after July 1996 that could 
not influence the post-rebuild levels revised in the August 16, 1996 
Federal Register document. Today's corresponding post-rebuild level 
revision is necessary to assure that the two program compliance options 
remain equivalent in terms of emissions reductions. No further updates 
of the post-rebuild levels are contemplated, because most of the 
affected buses are expected to be retired from the fleet roughly by 
year 2008.
    Today's Federal Register document fulfills EPA's obligation to 
review equipment certified by July 1, 1998, and to update the post-
rebuild PM levels accordingly. The emission levels contained in today's 
document must be used by transit operators using Option 2 for 
determining their Target Level for the Fleet (TLF) for calendar years 
2000 and thereafter, in accordance with 40 CFR 85.1403(c)(1)(iv). 
Operators using Option 2 are expected to take fleet actions no later 
than calendar year 1999 to ensure compliance with their TLF beginning 
in calendar year 2000.
    Publication of today's document was delayed pending outcome of an 
Agency investigation concerning electronically-controlled engines 
equipped by the original manufacturers with strategies designed to 
decrease fuel consumption during certain driving modes that are not 
substantially included in the federal test procedure. The effect of 
such strategies is to substantially increase NOx emissions during these 
modes. Such electronic control strategies are considered by the Agency 
to be ``defeat devices'' as defined at 40 CFR 86.094-22, and thus would 
violate 40 CFR 85.1406 and 85.1408 if included in an urban bus retrofit 
application.
    As a result of our concern about the harmful effect of these defeat 
devices, certification of kits designed to meet the 0.10 g/bhp-hr 
standard which happened to include these defeat devices, was made 
conditional. The conditions have been removed following the 
implementation of revisions to the fuel injection timing strategy of 
the kits to deal with the NOx emissions issue.

II. Review of Certified Equipment and Program Requirements

    As of July 1, 1998, several equipment kits have been certified for 
6V92TA engine models (both MUI and DDEC II) to meet the 0.10 g/bhp-hr 
standard for less than the applicable life cycle cost

[[Page 30416]]

requirement ($7,940 in 1992 dollars). Other equipment has been 
certified for one engine model to meet the 25 percent reduction 
standard for less than the applicable life cycle cost requirement 
($2,000 in 1992 dollars). The following briefly describes these 
equipment kits. The reader is directed to the referenced Federal 
Register cites for more information regarding the individual kits. In 
general, the following describes equipment certified between July 1, 
1996 and July 1, 1998 to comply with either the 25 percent reduction or 
0.10 g/bhp-hr standard, and to meet the appropriate life cycle cost 
requirements. A list of other equipment certified for the urban bus 
rebuild program is available from the contact listed above.

A. Engelhard Corporation's ETX TM Rebuild Kit for MUI 
Engines

    Engelhard Corporation's ETX TM rebuild kit is the first 
kit certified to comply with both the 0.10 g/bhp-hr PM standard and the 
life cycle cost requirements. It applies to 1979 through 1989 model 
year Detroit Diesel Corporations 6V92TA MUI (mechanical unit injector) 
engines. Certification of the kit is described in a Federal Register 
document dated March 14, 1997 (62 FR 12166). The technology consists of 
an engine rebuild ``upgrade'' kit, a catalytic converter-muffler, and a 
proprietary coating (referred to as the GPX-5m) applied to piston 
crowns and cylinder head combustion chambers. The engine upgrade 
portion of the kit includes cylinder kits, cylinder heads, camshafts, 
turbocharger, blower and drive gear, fuel injectors, and gasket kit. 
This equipment triggered program requirements for the applicable 
engines under compliance Option 1.
    Since certification of the ETX kit, competing kits, provided by 
both Johnson Matthey, Incorporated (JMI) and Detroit Diesel Corporation 
(DDC), have been certified to the 0.10 g/bhp-hr standard for these 
engines. The Johnson Matthey kit is described in a Federal Register 
document dated November 6, 1997 (62 FR 60079) and the Detroit Diesel 
kit is described in a document dated May 14, 1998 (63 FR 26798). An 
application submitted by Turbo-Dyne Incorporated has been summarized in 
the Federal Register (64 FR 19151; April 19, 1999) and is available for 
a 45-day public review period.

B. Engelhard Corporation's ETX Rebuild Kit for DDEC Engines

    The Engelhard ETX rebuild kit for DDEC engines has similarities to 
the above-noted ETX kit for MUI engines, and is applicable to 1988 
through 1993 model year, federal and California 6V92TA engines equipped 
with Detroit Diesel Electronic Control (DDEC). The kit is designed to 
update all DDEC engines to either 253 or 277 horsepower. The ETX kit 
uses many of the components of the DDC 6V92TA DDECII engine upgrade 
kit, along with an exhaust catalytic muffler, proprietary engine 
coatings on the cylinder head fire deck and piston crown, and an 
improved turbocharger. The kit is certified to comply with the 0.10 g/
bhp-hr PM standard and is available for less than the life cycle cost 
limit of $7,940 (in 1992 dollars).

    Certification of the DDEC ETX kit is described in a Federal 
Register document published on September 21, 1998 (63 FR 50225). This 
equipment triggered program requirements for operators using Option 1 
to use equipment certified to the 0.10 g/bhp-hr standard when 
rebuilding or replacing the applicable engines on or after March 21, 
1999.
    EPA has also certified other kits to the 0.10 g/bhp-hr standard for 
the 6V92TA DDECII engines. Certification of a JMI CCT upgrade kit was 
announced in the Federal Register on December 3, 1998 (63 FR 66798), 
and certification of a DDC kit was announced on February 26, 1999 (64 
FR 9500).

C. Engelhard Corporation's CMX Catalytic Muffler for Cummins' L10 EC

    EPA certified the Engelhard CMX catalytic muffler to reduce PM 
emissions by 25 percent for 1992--1993 model year Cummins L10 EC 
(electronically controlled) engines. This certification was announced 
in a Federal Register document dated March 20, 1998 (63 FR 13660). This 
equipment triggers the 25 percent reduction standard for these engines 
under option 1 when rebuilt or replaced on or after September 21, 1998.
    Currently, no other equipment has been certified under the urban 
bus program for these Cummins engines.
    EPA has reviewed all equipment certified as of July 1, 1998. Table 
1 lists the post-rebuild PM emission level for engine models affected 
by program regulations. In accordance with section 85.1403(c)(1)(iii), 
EPA selected 0.10 g/bhp-hr for the post-rebuild level if those engine 
models had equipment certified by July 1, 1998 to meet both the 0.10 g/
bhp-hr standard and life cycle cost requirements. For those engine 
models for which no equipment was certified to the 0.10 g/bhp-hr 
standard as having complied with the applicable life cycle cost 
requirements by July 1, 1998, but for which equipment was certified by 
July 1, 1998 to meet the 25 percent reduction standard and to meet 
those applicable life cycle cost requirements, EPA selected as the 
lowest post-rebuild emission level (greater than 0.10 g/bhp-hr) 
certified for such equipment. For those engine models for which no 
equipment was certified by July 1, 1998, as meeting either the 25 
percent or 0.10 g/bhp-hr emissions standards and life cycle cost 
requirements, the post-rebuild level has been selected to be equal to 
the pre-rebuild level as listed in 40 CFR 85.1403(c)(1)(iii). For 
engine models with a pre-rebuild level below 0.10 g/bhp-hr, the post-
rebuild level has been selected to be equal to the pre-rebuild level 
listed in 40 CFR 85.1403(c)(1)(iii)(A).
    Transit operators complying with Option 2 must use the applicable 
post-rebuild PM levels shown in Table 1 to calculate their TLF for 
calendar year 2000 and thereafter. The determination of which emission 
level (pre-rebuild or post-rebuild level) to use in the calculations 
must be made in accordance with 40 CFR 85.1403(c)(1)(iv), as amended on 
March 26, 1998. EPA will revise the instructions for the spreadsheet to 
reflect the new post-rebuild levels discussed in today's document. The 
instructions are available upon request from the contact listed above.

                       Table 1.--PM Post-Rebuild Levels (g/bhp-hr) for Calculating TLFs for Calendar Year 2000 and ThereafterK \1\
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            Engine model                   Model year           Pre-rebuild level      Post-rebuild level        Engine code           Engine family
----------------------------------------------------------------------------------------------\2\-------------------------------------------------------
DDC 6V92TA MUI.....................  1979-87...............  0.50..................  0.10.................  All  293    All.
                                                                                                             Hp.
                                     1988-1989.............  0.30..................  0.10.................  All  293    All.
                                                                                                             Hp.
DDC 6V92TA DDEC I                    1986-89...............  0.30..................  0.23.................  All..................  All.
DDC 6V92TA DDEC II                   1988-91 (w/out trap)..  0.31..................  0.10.................  253 & 277 Hp.........  All.
                                     1992-93 (w/out trap)..  0.25..................  0.10.................  253 & 277 Hp.........  All.
                                     1993 (w/ PM trap).....  0.07..................  0.07.................  All..................  All.
DDC Series 50......................  1993..................  0.16..................  0.16.................  All..................  All.

[[Page 30417]]

 
    DDC 6V71N......................  1973-87...............  0.50..................  0.38.................  All..................  All.
    DDC 6V71N......................  1988-89...............  0.50..................  0.38.................  All..................  All.
    DDC 6V71T......................  1985-86...............  0.50..................  0.38.................  All..................  All.
    DDC 8V71N......................  1973-84...............  0.50..................  0.38.................  All..................  All.
    DDC 6L71TA.....................  1990..................  0.59..................  0.59.................  All..................  All.
    DDC 6L71TA.....................  1988-89...............  0.31..................  0.23.................  All..................  All.
DDC 6V71TA DDEC....................  1990-91...............  0.30..................  0.23.................  All..................  All.
    DDC 8V92TA.....................  1979-87...............  0.50..................  0.38.................  All..................  8V92TA.
                                     1988..................  0.39..................  0.29.................  All..................  8V92TA.
DDC 8V92TA DDEC....................  1988..................  0.41..................  0.31.................  All..................  8V92TA-DDEC II.
    DDC 8V92TA.....................  1989..................  0.47..................  0.35.................  9E70.................  KDD0736FW89.
    DDC 8V92TA.....................  1989..................  0.39..................  0.29.................  9A90.................  KDD0736FW89.
    DDC 8V92TA.....................  1989..................  0.34..................  0.26.................  9G85.................  KDD0736FW89.
DDC 8V92TA DDEC....................  1989..................  0.41..................  0.31.................  1A...................  KDD0736FZH4.
    DDC 8V92TA.....................  1990..................  0.47..................  0.35.................  9E70.................  LDD0736FAH9.
DDC 8V92TA DDEC....................  1990..................  0.49..................  0.37.................  1A...................  LDD0736FZH3.
DDC 8V92TA DDEC....................  1991..................  0.25..................  0.19.................  1A or 5A.............  MDD0736FZH2.
DDC 8V92TA DDEC....................  1992-93...............  0.21..................  0.16.................  1D...................  NDD0736FZH1 &
                                                                                                                                    PDD0736FZH X.
DDC 8V92TA DDEC....................  1992-93...............  0.29..................  0.22.................  6A...................  NDD0736FZH 1 &
                                                                                                                                    PDD0736FZH X.
DDC 8V92TA DDEC....................  1992-93...............  0.20..................  0.15.................  5A...................  NDD0736FZH 1 &
                                                                                                                                    PDD0736FZHX.
DDC 8V92TA DDEC....................  1992-93...............  0.25..................  0.19.................  1A...................  NDD0736FZH 1 &
                                                                                                                                    PDD0736FZHX.
CUMMINS L-10.......................  1985-1987.............  0.65..................  0.34.................  All..................  All.
                                     1988-1989.............  0.55..................  0.34.................  All..................  All.
                                     1990-1992.............  0.46..................  0.34.................  All..................  All.
      L-10EC.......................  1992..................  0.25..................  0.19.................  All..................  All.
  Cummins L-10 EC w/trap...........  1993..................  0.05..................  0.05.................  All..................  All.
  Alternatively-Fueled Engines.....  pre-1994..............  0.10..................  0.10.................  All..................  All.
Other Engines......................  pre-1988..............  0.50..................  0.50.................  All..................  All.
                                     1988-1993.............  Cert'n Level \3\......  Cert'n Level \3\.....  All..................  All.
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\1\ In accordance with 40 CFR 85.1403(c)(1)(iv).
\2\ The instructions for the spreadsheet list these levels as post-rebuild-3 levels. The instructions are available upon request from the contact listed
  above.
\3\ Use the certification level determined under EPA's new engine certification program.

    An urban bus operator choosing to comply with Option 2 must be able 
to demonstrate at all times in a specified year that its fleet level 
attained (FLA) is equal to or less than its TLF for that year. Using 
the formulas in 40 CFR 85.1403(c)(1) and the PM emissions levels 
(including the above post-rebuild levels) in accordance with section 
85.1403(a)(1)(iv), operators choosing Option 2 must calculate their TLF 
for calendar year 2000 and thereafter. The FLA is calculated using the 
formula of 40 CFR 85.1403(c)(2) and the certification level of the 
specific equipment installed on each bus. In order to ensure it is in 
compliance with its TLF at the start of calendar year 2000 and 
thereafter, transit operators choosing to comply with Option 2 are 
expected to begin taking appropriate actions (such as installing 
certified equipment and/or retiring buses) no later than calendar year 
1999.

    Dated: May 21, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 99-13802 Filed 6-7-99; 8:45 am]
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