[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Notices]
[Pages 36139-36142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17127]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5257-2 ]
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.
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 from the Lubrizol Corporation, a
notification of intent to certify urban bus retrofit/rebuild equipment
pursuant to 40 CFR Part 85, Subpart O. EZ-TRAPTM is Lubrizol's
trademark for this equipment. Pursuant to Sec. 85.1407(a)(7), today's
Federal Register notice 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 this notification of intent to certify, as well as
comments received, to determine whether the equipment in the
notification of intent to certify should be certified. If certified,
the equipment can be used by urban bus operators to reduce the
particulate matter of urban bus engines.
This notification of intent to certify, as well as other materials
specifically relevant to it, are contained in Category VI-A of Public
Docket A-93-42, entitled ``Certification of Urban Bus Retrofit/Rebuild
Equipment''. This docket is located 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
included in this notification of intent to certify should be certified.
Comments should be provided in writing to Public Docket A-93-42,
Category VI-A, at the address below. An identical copy should be
submitted to William Rutledge, also at the address below.
DATES: Comments must be submitted on or before August 28, 1995.
ADDRESSES: Submit separate copies of comments to each of the two
following addresses:
1. U.S. Environmental Protection Agency, Public Docket A-93-42
(Category VI-A), Room M-1500, 401 M Street S.W., Washington, DC 20460.
2. William Rutledge, Technical Support Branch, Manufacturers Operations
Division (6405J), 401 ``M'' Street S.W., Washington, DC 20460.
The Lubrizol notification of intent to certify, as well as other
materials specifically relevant to it, are contained
[[Page 36140]]
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 the Agency for
copying docket materials.
FOR FURTHER INFORMATION CONTACT: William Rutledge, Manufacturers
Operations Division (6405J), U.S. Environmental Protection Agency, 401
M Street S.W., Washington, DC 20460. Telephone: (202) 233-9297.
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 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 sets out a specific annual target level for
average PM emissions from urban buses in an operator's fleet.
A key aspect of the program is the certification of retrofit/
rebuild equipment. To meet either of the two compliance options,
operators of the affected buses must use equipment which has been
certified by the Agency. Emissions requirements under either of the two
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 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.
Under Program 1, additional information regarding cost must be
submitted in the notification of intent to certify, in order for
certification of that equipment to initiate (or trigger) program
requirements for a particular engine model. In order for the equipment
to serve as a trigger, the certifier must guarantee that the equipment
will be offered to affected operators for $7,940 or less at the 0.10 g/
bhp-hr PM level, or for $2,000 or less for the 25 percent or greater
reduction in PM. Both of the above amounts are based on 1992 dollars
and include life cycle costs.
II. Notification of Intent To Certify
By a notification of intent to certify dated May 15, 1995, Lubrizol
Corporation has applied for certification of equipment applicable to
certain petroleum-fueled diesel engines used in urban buses of 1993 and
earlier model years. The notification of intent to certify states that
the candidate equipment will comply with the 0.10 g/bhp-hr particulate
matter (PM) standard on petroleum fueled diesel engines that have been
rebuilt to the engine manufacturer's specifications. No life cycle cost
data is submitted with the notification of intent to certify,
therefore, the equipment will not trigger program requirements. The use
of the equipment by transit operators to meet program requirements is
discussed further below.
Major components of the candidate equipment are: (1) A ceramic
particulate filter assembly for the diesel exhaust, which in most
installations takes the place of the original system muffler; (2) a
proprietary diesel fuel soluble catalyst (additive); (3) gold plated
fuel injectors; and, (4) a sensor to monitor engine exhaust
backpressure. In operation, copper in the fuel additive (EZ-ADDTM)
is deposited on the ceramic exhaust filter along with exhaust
particulates. The copper acts as a catalyst to lower the oxidation
temperature of the particulates and thus promotes auto-regeneration of
the trap under a variety of operating conditions. The nozzle tips of
the fuel injectors are gold plated to minimize formation of deposits.
The notification of intent to certify states that the candidate
equipment is applicable to the following engines:
------------------------------------------------------------------------
Manufacturer Engine model Model Year
------------------------------------------------------------------------
Cummins...................... L-10........................ 1985-1991
Cummins...................... L-10 EC..................... 1992-1993
Cummins...................... C-Series.................... 1990-1992
Cummins...................... B-Series.................... 1990-1992
MAN.......................... ............................ 1979-1992
Caterpillar.................. 3208........................ 1982-1992
------------------------------------------------------------------------
Lubrizol Corporation presents exhaust emission data from testing
the equipment on a recently rebuilt 1987 model year Cummins L-10 engine
documenting PM emissions from one cold start cycle plus seven hot start
cycle transient exhaust emission tests. During one of the hot cycles
the trap experienced significant regeneration. The PM emissions from
this cycle, the highest of all cycles (including the cold cycle), was
0.028 g/bhp-hr. Exhaust testing with the equipment installed also
showed that hydrocarbon (HC), carbon monoxide (CO), and oxides of
nitrogen (NOx), emissions were less than the federal emission
standards for 1987. Smoke emission measurements for the engine with the
candidate equipment installed indicates compliance with applicable
standards, with smoke opacity measurements of less than 1 percent for
the acceleration, lugging, and peak modes.
Lubrizol Corporation has submitted no life cycle cost information
for this equipment because it is not intended to trigger program
requirements. Therefore, its use will be at the option of urban bus
operators and will not be required if the Agency approves the request
for certification of this candidate equipment.
Section 85.1406(d) of the regulations governing urban bus equipment
certification states, in part, ``* * * installation of any certified
retrofit/rebuild equipment shall not cause or contribute to an
unreasonable risk to the public health, welfare or safety * * *''.
Information on health effects related to the candidate equipment has
been provided by Lubrizol with its notification of intent to certify,
and this has been reviewed by the Agency's Office of Research And
Development (ORD). In its report entitled ``Inhalation Risk Assessment
Of Lubrizol Corporation's EZ-TRAP TM System'', ORD indicates the
potential for dioxin formation. The report states:
``ORD's major concern is whether the use of the EZ-TRAPTM
system with Lubrizol would, or would not, result in dioxin formation
and emissions. Although there are no data relating to dioxin formation
in diesel engines generally, ORD's concern in this instance is based on
the similarity of the experimental evidence defining the requisite
conditions for dioxin formation in combustion processes, post-
combustion, with the conditions anticipated with the use of the copper-
based additive in diesel fuel burned by buses. Specifically, with
regard to the latter; (1) particles are retained in the filter trap at
temperatures associated with formation in other combustion sources; (2)
the particles provide reactive surfaces for chemical reactions to
transpire; (3) trace levels of chlorine may be present in the diesel
fuel; and, (4) copper is the most potent catalyst identified to date in
the overall dioxin formation reactions.
``Therefore, based on a review of the available information, ORD
concludes
[[Page 36141]]
that although the EZ-TRAPTM System will likely reduce health
hazards associated with the pollutant emissions from diesel-fueled
vehicles; it is not possible at present to state whether the net public
health risk would increase, decrease, or remain unchanged. This is due
to the lack of information on inhalation of combustion products from
copper-containing diesel fuel, similarity of test engine conditions to
real world operation conditions, and potential dioxin formation and
emissions.''
The ORD report is available in the public docket. The Agency
requests information on dioxin formation in diesel exhaust, especially
as it relates to use of a copper-based fuel additive.
Section 211 of the Clean Air Act sets forth fuel and fuel additive
prohibitions, and gives the Agency authority to waive certain of those
prohibitions. The Agency, however, does not believe that Lubrizol must
obtain a fuel additive waiver under Section 211(f)(4) of the Clean Air
Act before certifying its additive system for the following reasons.
The Act prohibits the introduction into commerce of any fuel or
fuel additive that is not substantially similar to a fuel or fuel
additive used in the certification of any model year 1975 or later
vehicle or engine under Section 206. The Administrator may waive this
prohibition, if she determines that certain criteria are met. The
Agency believes that certification of an urban bus retrofit system
constitutes the certification of an engine under Section 206, and,
since the additive is used in the certification of the system, a waiver
is not required to market the additive for use with the certified
retrofit system.
Section 206 grants the Agency authority to issue a certificate of
conformity to any vehicle that complies with regulations promulgated
under Section 202.1 Section 219(d) requires the Agency to regulate
emissions from existing urban buses, and explicitly states that such
regulations shall be promulgated under Section 202(a). Therefore, it is
clear that Congress intended the urban bus retrofit standards to be
Section 202 standards. Because the urban bus standards are Section 202
standards, the Agency can issue a certificate of conformity to those
standards under Section 206. When the certification requirements of the
urban bus retrofit program were issued, the Agency stated that those
requirements are authorized by Section 206 (among other sections of the
Act). 58 FR at 21377, n.1 (April 21, 1993).
\1\ Section 202(a) authorizes the Agency to establish emissions
standards for new motor vehicles and new motor vehicle engines.
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Further, the Agency believes that certification of an urban bus
retrofit system qualifies as certification of a vehicle or engine.
Certification of a retrofit system is certification of an engine
because, under the urban bus retrofit regulations, such systems are
certified for urban bus engines of specific engine families, and can
only be used for engines in those families. The entire engine
configuration (i.e., the existing engine combined with the retrofit
system) must comply with the certification requirements in the urban
bus retrofit regulations. In contrast, if retrofit systems were not
certified on an engine family-specific basis, the Agency believes that
such certifications would arguably not constitute the certification of
an engine.
The argument that the urban bus retrofit system certification is
the certification of an engine is supported by provisions in the urban
bus regulations that are designed to ensure that the entire
configuration (i.e., the engine plus the retrofit system) complies with
applicable Section 202 emissions standards. These ``safeguards''
address the same concerns that the Section 211(f)(4) fuel additive
waiver process is designed to address, i.e., the effect of a fuel
additive on the emissions performance of the engine in which it is
used.
First, when applying for certification of a retrofit system, the
manufacturer must provide the Agency with a statement that use of the
system ``will not cause a substantial increase to urban bus engine
emissions in any normal driving mode not represented during
certification testing.'' 40 CFR 85.1407(a)(1)(x). In addition, the
Agency can deny certification, or decertify equipment, if there is
reason to believe that the use of such equipment will cause an urban
bus engine to exceed any applicable emission standard. At any time
prior to certification, the Agency may notify the manufacturer that the
equipment will not be certified pending further investigation, on the
basis of information or test results from the manufacturer or on the
basis of public comment, that indicates use of the equipment could
cause an urban bus engine to exceed any applicable emission
requirement, or could cause or contribute to an unreasonable risk to
public health, welfare, or safety. 40 CFR 85.1408 (a)(2) and (a)(3).
The manufacturer must respond in writing to such notification, or the
Agency shall withdraw its notification of intent to certify. Finally,
the equipment certifier must warrant that its retrofit equipment, if
properly installed and maintained, will not cause an urban bus engine
to exceed applicable emissions standards for a period of 150,000 miles
following installation of the equipment.
Because certification of an urban bus retrofit system is an engine
certification, Lubrizol's copper additive is ``substantially similar''
for purposes of Section 211(f)(1)(B) in the limited context of use in
certified trap systems. The Agency has previously interpreted the term
``substantially similar'' as used in Section 211(f)(1) only in the
context of introduction into commerce for general use. The approach
discussed in this analysis would be a departure from this historical
practice, because the copper additive would be deemed substantially
similar only for a limited use (i.e., in a certified trap system). A
Section 211(f)(4) waiver would be required to introduce the additive
into commerce for any other use.2 The Agency solicits comment on
possible measures to ensure that the additive will only be used in
certified retrofit systems.
\2\ This interpretation of ``sub-sim'' raises potential
enforcement concerns, since the Agency does not have authority to
enforce against an end user who may use the additive without the
trap system.
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At a minimum, the Agency 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 substantiates 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.
If the Agency approves Lubrizol's request to certify this candidate
equipment, urban bus operators who choose to comply with either Program
1 or Program 2 of the urban bus regulation may use the Lubrizol
equipment. If certified, operators under Program 2 using this equipment
will use the PM emission level(s) established during the certification
review process, in the calculations for fleet level attained (FLA).
Lubrizol projects a post-rebuild PM level of 0.01 g/bhp-hr with the
[[Page 36142]]
equipment installed on the Cummins L-10 engine.
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 Lubrizol notification of intent to certify
should be certified pursuant to the urban bus retrofit/rebuild program.
Interested parties are encouraged to review the notification of intent
to certify and provide comments during the 45-day period. Please send
separate copies of your comments to each of the above 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: July 5, 1995.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 95-17127 Filed 7-12-95; 8:45 am]
BILLING CODE 6560-50-P
