[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41417-41419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19588]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6410-4]


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) to 
include life cycle costs. 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 provided life 
cycle cost information applicable only to the L-10 EC engines.
    In a letter dated April 20, 1998, Engelhard requested that the 
March 20, 1998 certification be amended to include all pre-1994 Cummins 
L-10 engines and ``all other 4-stroke urban bus engines''. Based on 
this request, EPA published a notice in the Federal Register on 
November 30, 1998 (63 FR 65780) for public review and comment. In the 
November 30 notice, EPA provided a summary of the notification 
amendment request and identified the engines that are being considered 
for inclusion in the, ``all other 4-stroke urban bus engine'' 
classification under the urban bus retrofit/rebuild program for which 
the catalytic muffler would be applicable. EPA has received comments on 
the November document and they are currently being reviewed.
    Today's document is in response to a letter dated December 4, 1998 
from Engelhard requesting that a second amendment be made to the 
October 18, 1996 notification of intent to certify. Engelhard is 
specifically requesting that the life cycle costs apply for the 
equipment and all engine models referenced in the November 30, 1998 
Federal Register notice. Engelhard has submitted pricing information 
along with the guarantee that the equipment would be offered to all 
affected operators for less than the incremental life cycle cost 
ceiling of $2000 (in 1992 dollars). EPA notes that, if certified to 
comply with life cycle cost requirements of the urban bus retrofit 
program, this equipment would trigger program requirements for the 25% 
reduction standard for specific engines. If certified as a trigger of 
this standard, then urban bus operators using compliance option 1 will 
be required to use this retrofit/rebuild equipment or other equipment 
certified to provide a 25% or greater reduction PM at the time of 
engine rebuild or replacement for specified engine models.
    Pursuant to section 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 this equipment may be certified to comply with the 
life cycle requirements of the program.
    The Engelhard letters dated April 20, 1998 and December 4, 1998, 
and 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 notice initiates a 45-day period during which the Agency 
will accept written comments relevant to whether or not the equipment 
as described herein should be certified for life-cycle costs for the 
applicable engines. 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 September 13, 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 S.W., Washington, D.C. 
20460.

[[Page 41418]]

    2. Anthony Erb, Engine Compliance and Programs Group, Engine 
Programs & Compliance Division (6403J), 401 ``M'' Street S.W., 
Washington, D.C. 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 S.W., Washington, D.C. 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 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 weight % 
sulfur.
    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 on March 20, 
1998 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 were 
required to use this retrofit/rebuild equipment, or other equipment 
certified to provide a PM reduction on any applicable engine rebuilt on 
or after September 21, 1998.
    In a letter to EPA dated April 20, 1998, Engelhard requested that 
the March 20, 1998 certification be amended to include all pre-1994 
Cummins L-10 models and all other 4-stroke urban bus engines. Table A 
of this document provides a listing of the additional 4-stroke urban 
bus engines to which the candidate equipment is believed to be 
applicable. EPA requested comment on the appropriateness of the engines 
currently listed in Table A and information on any additional engines 
for which this certification may be applicable in the Federal Register 
document that was published on November 30, 1998.
    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 sought to clarify this matter 
by identifying the applicable engines. EPA requested additional 
information on the appropriateness of the engines identified in Table A 
of this document for this classification. As stated in the notice, 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. Comments have 
been received and are currently being reviewed relative to the April 
20, 1998 amendment request.
    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 presented 
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. Detailed information on the emission test 
data presented can be found in the November 30, 1998, Federal Register 
document (63 FR 65780).
    In the amendment request of December 4, 1998, Engelhard has 
provided life cycle cost data relative to the engines that are listed 
in the April 20, 1998 amendment request. This amendment request to 
include the life cycle costs, if approved for certification, will 
trigger new rebuild requirements for specified models listed in Table 
A.

[[Page 41419]]

    If the Agency certifies the candidate Engelhard equipment within 
the applicable life cycle cost, 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 Table A following the effective date of 
certification. For the following 4-stroke urban bus engines as listed 
in footnote 3, certification within life cycle cost limits, would 
trigger the requirement to use this or other equipment certified to 
produce a 25% reduction of: 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. With regard to the Cummins L-10 models included 
in Table A, triggering equipment was certified by EPA on December 13, 
1995 (60 FR 64046).
    The requirement to use certified equipment demonstrating at least a 
25% reduction in PM will continue 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 A as well.

                                    Table A.--Engelhard Retrofit/Rebuild Certification Levels for 4-stroke Engines\1\
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                                                                                                                                            Retrofit PM
                                          Control parts                                    New engine PM                                  level with CMX
      Cummins/other engine family          list (CPL)           Manufacture dates              level        Retrofit PM level with CMX      and Cummins
                                                                                                                                                Kit
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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\2\ 4-stroke engines, Caterpillar,           (\4\)  Pre-1988.......................            0.50  0.38..........................             N/A
 GM, INT. HARV., Navistar, MAN, Saab-
 Scania, Volvo.
Other\2\ 4-stroke engines, Caterpillar,  ..............  1988 to 1993...................           (\3\)  25% reduction from                      (\4\)
 GM, INT. HARV., Navistar, MAN, Saab-                                                                      certfication PM levels.
 Scania, Volvo.
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\1\ 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 famly 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.
\2\ 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.
\3\ Certification level.
\4\ 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 section 85.1406, including whether the 
testing accurately proves the claimed emission reduction or emission 
levels; and, (2) the requirements of section 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.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 99-19588 Filed 7-29-99; 8:45 am]
BILLING CODE 6560-50-P