[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Rules and Regulations]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21779]
[[Page Unknown]]
[Federal Register: September 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 85
[FRL-5064-4]
Retrofit/Rebuild Requirements for 1993 and Earlier Model Year
Urban Buses; Status of Equipment Certified and Emissions Levels To Be
Used by Operators Using Option 2
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: In the final rule regarding retrofit/rebuild requirements for
1993 and earlier model year urban buses (58 FR 21359, April 21, 1993),
EPA stated that it would review retrofit/rebuild equipment that was
certified by July 1994 and publish the post-rebuild particulate matter
emission levels for urban bus engines affected by the program. These
post-rebuild levels are to be used by operators for calculating their
fleet emission levels under Option 2. This Federal Register document
fulfills that commitment.
As of July 1, 1994, no equipment had been certified for the Urban
Bus Retrofit/Rebuild Program. Operators choosing to comply with Option
2 during 1995 and 1996 must use the PM levels as specified in the
columns labeled ``Pre-rebuild PM level'' and ``Post-rebuild PM level''
in the table provided at 40 CFR Sec. 85.1403(c)(1)(iii)(A).
EFFECTIVE DATE: The information of this notice is effective as of
September 2, 1994.
ADDRESSES: This notice, 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 4:00 pm, 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, Technical Support
Branch, Manufacturers Operations Division (6405J), U.S. Environmental
Protection Agency, 401 M Street SW., Washington, D.C. 20460. Telephone:
(202) 233-9297.
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, which are replaced or rebuilt after January 1,
1995, comply with an emission standard or control technology reflecting
the best retrofit technology and maintenance practices reasonably
achievable. On April 21, 1993, EPA published 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.
Option 2 is a fleet averaging program that sets out specific annual
target levels for average PM emissions from urban buses in an
operator's fleet.
In the final rule, EPA stated that it would review the retrofit/
rebuild equipment that was certified by July 1, 1994, and publish the
post-rebuild PM emission levels for urban bus engines affected by the
program. These post-rebuild levels are to be used by operators choosing
to comply with Option 2 for calculating their fleet emission levels.
This Federal Register document fulfills that commitment.
No equipment had been certified as of July 1, 1994. This notice
therefore confirms that the default provisions of the final rule that
are designed to assure emissions reduction for the program shall be
effective for the first two years of the program, 1995 and 1996.
Emission levels that are to be used in the event that no equipment is
certified by July 1994 are set forth in the table provided at 40 CFR
85.1403(c)(1)(iii)(A) of the regulations promulgated in the April 1993
final rule.
The preamble to the April 21, 1993 final rulemaking stated that EPA
intended to publish in this notice a table indicating required post-
rebuild PM emission levels for all affected urban buses. EPA also
stated that it would append its determination regarding post-rebuild
emission levels to the CFR as an appendix to part 85 subpart O (the
subpart of the CFR containing the urban bus retrofit/rebuild
regulations). However, because no equipment was certified by July 1,
1994, the default post-rebuild emission levels, which are already
contained in the regulation, will apply. Thus, EPA believes that there
is no need to add an appendix to subpart O at this time.
In July 1996, EPA will review the retrofit/rebuild equipment
certified by July 1, 1996 and publish the emission levels which must be
used by operators using Option 2 for calendar years 1997 and
thereafter.
II. Review of Certified Equipment and Program Requirements
As noted above, no equipment was certified by July 1, 1994 as
meeting the emissions and cost requirements for the urban bus retrofit/
rebuild program. Therefore, pursuant to 40 CFR
85.1403(c)(1)(iii)(B)(5), operators choosing to comply with Option 2
must use the PM levels specified in the columns labeled ``Pre-rebuild
PM level'' and ``Post-rebuild PM level'' in the table provided at
Sec. 85.1403(c)(1)(iii)(A) for calculating the target level for their
fleet (TLF). The determination of whether to use the pre-rebuild
emission level or the post-rebuild emission level must be made in
accordance with 40 CFR 85.1403(c)(1)(iv).
An urban bus operator choosing Option 2 must be able to demonstrate
that its fleet level attained (FLA) is equal to or less than its TLF.
In general, an operator choosing Option 2 has the following strategies
available to comply with this requirement:
(1) Using retrofit/rebuild equipment that has been certified
subsequent to this Federal Register notice;
(2) For 1979 through 1987 model year Detroit Diesel Corporation
(DDC) 6V92TA engines, using the currently available DDC Coach Upgrade
Program (kit), discussed below, which brings these engines to a
configuration certified for model years 1988 or 1989;
(3) Replacing engines in affected urban buses with 1994 or later
model year engines certified under EPA's new engine certification
program;
(4) Retiring urban buses early (that is, retiring 1993 and earlier
model year urban buses before they are 15 years old); and,
(5) Using grandfathering provisions contained in 40 CFR 85.1403(d)
if the fleet contains urban buses retrofit before January 1, 1995.
Operators should be aware of the following important aspects of
Option 2 during the first two years of this program. First, operators
with urban buses in their fleet having model year 1984, 1985, or 1987
DDC 6V92TA engines must reduce average fleet PM emissions during
calendar years 1995 and 1996. This is because the calculations for the
TLF assume that engines of the 1984, 1985, and 1987 model years will be
rebuilt in calendar years 1995 and 1996, and because the post-rebuild
PM level for the DDC 6V92TA engines of the specified model years have a
default level (0.30 g/bhp-hr) that is less that its pre-rebuild
emissions level (0.50 g/bhp-hr). Therefore, for operators with urban
buses in their fleet having model year 1984, 1985, or 1987 DDC 6V92TA
engines, one or more of the above strategies must be used as necessary
to demonstrate that its FLA is equal to or less than its TLF. (The
calculations for the TLF assume that urban buses with engines of model
year 1986 will not receive any rebuilds during calendar years 1995 or
1996. Therefore, for 1986 model year engines the post-rebuild level is
equal to the pre-rebuild level for calendar years 1995 and 1996.)
As noted in (2) above, for operators choosing Option 2 who have
model 1984, 1985, or 1987 DDC 6V92TA urban buses in their fleet, use of
the DDC upgrade kit is an available, but not required strategy to meet
the fleet average reductions required under Option 2. DDC's upgrade kit
will provide additional flexibility to fleets having the above-
mentioned DDC engines without necessitating use of the other, perhaps
less desirable, strategies.
In the table of 40 CFR 85.1403(c)(1)(iii)(A), the post-rebuild
level is lower than the pre-rebuild level for the 1979 through 1987
6V92TA engines because there is a currently available upgrade kit that
is supported by new engine certification data on file with EPA. At the
time of the final rulemaking, EPA expected that DDC's Coach Upgrade kit
would be certified by July 1, 1994 under the retrofit/rebuild program
for less than the appropriate cost ceiling. While as of July 1, 1994,
the Coach Upgrade kit had not been certified under the retrofit/rebuild
program, EPA believes that it is reasonable to provide a lower post-
rebuild emission level to any applicable engine equipped with this DDC
upgrade kit because of the existence of new engine certification data
which shows that engines virtually identical to the upgraded engines
were certified by EPA to the lower emission level.
EPA originally intended that the ``Post-rebuild level'' specified
in the table of 40 CFR 85.1403(c)(1)(iii)(A) for the 1979 through 1987
model year 6V92TA engines to reflect the level attained when those
engines are upgraded to their latest certified, mechanically-controlled
configuration (1988 or 1989 model year configuration depending upon
horsepower). After the final rule was published, it was discovered that
the 1988 and 1989 model year 6V92TA engines were certified to 0.31 g/
bhp-hr under the new engine certification program, and not 0.30 g/bhp-
hr as shown in the table. Therefore, 0.31 g/bhp-hr is the level
actually achieved by upgrading the 1979 through 1987 model year 6V92TA
engines to the 1988 or 1989 configuration that is certified under EPA's
new engine certification program. Because of the error in the final
regulations, EPA will allow urban bus operators to claim a reduction
down to the 0.30 g/bhp-hr level when these engines are upgraded to the
appropriate 1988 or 1989 configuration using the DDC Coach Upgrade kit.
This will allow urban bus operators to upgrade their engines as one
method of complying with Option 2, as was EPA's original intention.
The ``grandfathering'' provisions of Sec. 85.1403(d)(3) allow
operators having urban buses equipped with upgrade kits installed prior
to January 1, 1995 to assume that such urban buses are operating at the
PM level of the upgraded engine configuration. Further, EPA believes it
is reasonable to extend the ``grandfathering'' provisions beyond
January 1, 1995 for use of the DDC upgrade kit until appropriate
equipment is certified, as discussed below, for the DDC 6V92TA engines.
Operators, however, should note that ``grandfathering'' provisions do
not require either the emissions defect or emissions performance
warranties which are required of certified equipment under Sec. 85.1409
of the program regulations.
Finally, permission to retrofit/rebuild with uncertified equipment
to meet program requirements applies to a limited population of engines
(that is, the 1979 through 1989 model year 6V92TA engines having
mechanical fuel injection) for a limited time frame (the 1995 and 1996
calendar years). If equipment is certified for the above-referenced DDC
engines as achieving the required PM emission reductions for less than
the applicable cost ceiling before July 1, 1996, operators will not be
able to claim emission reductions for engines rebuilt after calendar
years 1995 and 1996 using uncertified equipment. Operators will be able
to continue to claim emission reductions for engines which are rebuilt
with the uncertified DDC upgrade kit prior to that time.
Ann Goode,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-21779 Filed 9-1-94; 8:45 am]
BILLING CODE 6560-50-P
