Mail Out # MSC-16

State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text

and Supporting Documents

PUBLIC HEARING TO CONSIDER THE ADOPTION OF A REGULATION FOR

A PUBLIC TRANSIT BUS FLEET RULE AND EMISSION STANDARDS FOR

NEW URBAN BUSES

First Public Hearing Date: January 27, 2000

Continued To: February 24, 2000

Public Availability Date: August 16, 2000

Deadline for Public Comment: August 31, 2000

At a public hearing held on January 27, 2000, the Air Resources Board (Board or

ARB) considered the adoption of a regulation for a public transit bus fleet rule

and emission standards for new urban buses. After extensive public testimony,

the Chairman closed the public record for the proposed regulation and continued

the hearing until February 24, 2000.

At the February 24, 2000, hearing, the Board approved the adoption of new

sections 1956.1, 1956.2, 1956.3, and 1956.4, title 13, California Code of

Regulations (CCR). These new sections provide for: 1) more stringent emission

standards for some new urban bus engines beginning with 2002 model year

engines produced on or after October 1, 2002; 2) a multi-component urban

transit bus fleet rule applicable to transit agencies; 3) zero-emission bus

demonstration and purchase requirements applicable to transit agencies; and 4)

reporting requirements with which transit agencies must demonstrate compliance

with the urban transit bus fleet rule.

The Board also approved amendments to section 1956.8, title 13, CCR, and the

incorporated “California Exhaust Emission Standards and Test Procedures for

1985 and Subsequent Model Heavy-Duty Engines and Vehicles.” The

amendments to this section delete the urban bus exhaust emission standards,

which are now contained in new section 1956.1, cited above, and modify existing

heavy-duty vehicle (exclusive of urban buses) optional, reduced emission

standards used for generating mobile source emission reduction credits.

At the January 27, 2000 hearing, the staff presented modifications to the

regulation originally proposed in the Staff Report: Initial Statement of Reasons

released and made available to the public on December 10, 1999. These

changes were made in response to comments received subsequent to
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publication of the Staff Report. At the February 24, 2000, hearing, the staff

presented additional modifications to the regulation originally proposed in the

Staff Report released on December 10, 1999, in response to public testimony

and Board direction at the January 27, 2000, hearing. The Board approved the

staff’s proposal with the modifications presented at both the January and

February hearings, with minor changes. The following text describes the

modifications approved by the Board, as presented by the staff at the January

and February public hearings, and as directed by the Board.

Section 1956.1, Title 13, CCR: Exhaust Emission Standards and Test

Procedures – 1985 and Subsequent Model Heavy-Duty Urban Bus Engines

and Vehicles

Paragraph (a)(7) was added to require that diesel-fueled, dual-fuel, and bifuel urban bus engines shall meet a 0.01 grams per brake horsepowerhour (g/bhp-hr) particulate matter (PM) standard beginning with 2002

model year engines produced beginning October 1, 2002. This

modification was in response to a commitment by the Engine

Manufacturers Association to produce such engines meeting a

0.01 g/bhp-hr PM standard, made subsequent to the publication of the

originally proposed regulation in the Staff Report released on

December 10, 1999.

Paragraph (a)(12) was modified to delete restrictions on averaging,

banking, and trading provisions for engine manufacturers based on

comments made by the Engine Manufacturers Association subsequent to

the publication of the originally proposed regulation in the Staff Report

released on December 10, 1999.

Section 1956.2, Title 13, CCR: Fleet Rule for Urban Transit Bus Operators

Paragraph (c)(5) was added to clarify requirements for diesel-fueled, dualfuel, or bi-fuel new bus purchases made by transit agencies on the

alternative-fuel path.

Paragraph (d)(4) was modified to clarify requirements for diesel-fueled,

dual-fuel, bi-fuel, or alternative-fuel new bus purchases made by transit

agencies on the diesel path.

Paragraph (d)(7) was added to allow transit bus fleets, upon approval by

the Executive Officer, to implement an alternative emission reduction

strategy to achieve emission reductions greater than those that would be

achieved through implementation of the staff’s originally proposed

emission standards for model year 2004 through 2006 diesel and dual-fuel

urban bus engines. As proposed by the staff at the February hearing, the

alternative strategy was originally to achieve emission reductions
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equivalent to the proposed 2004 through 2006 emission standards. The

Board, however, required that emission reductions achieved through an

approved alternative emission reduction strategy must be greater than

those achieved through implementation of the 2004 through 2006

emission standards.

Subdivision (f), pertaining to PM retrofit requirements, was modified for

clarity based on comments from the Engine Manufacturers Association

made subsequent to the publication of the originally proposed regulation in

the Staff Report released on December 10, 1999. It was also modified to

accelerate the PM retrofit schedule for transit agencies on the diesel path

based on comments from environmental groups made at the January

hearing.

Paragraph (f)(7) was added to incorporate, by reference, a certification

procedure for use by retrofit device manufacturers in certifying retrofit

devices to reduce PM emissions from diesel-fueled, dual-fuel, bi-fuel, and

diesel hybrid electric urban transit buses. The entire certification

procedure is new and was a suggested modification presented by staff at

the January hearing and approved by the Board at the February hearing.

Providing the certification procedure within a new, separate document

entitled “California Certification Procedures for PM Retrofit Devices for

On-Road Heavy-Duty Diesel Engines” is a clarifying modification made

subsequent to the February hearing and is discussed in further detail later

in this notice.

At the January hearing, staff proposed adding Health and Safety Code

section 43701(b) as the legal authority for the ARB to require retrofits for

heavy-duty diesel vehicles. This modification is shown in the legal

authorities and references cited for section 1956.2, title 13, CCR.

Section 1956.3, Title 13, CCR: Zero Emission Bus Requirements

Paragraphs (c)(4)(A) and (c)(4)(B) were added to allow transit agencies to

earn credits for placing zero emission buses, other than zero emission

buses used in required demonstration projects, in service earlier than

required by the purchase/lease requirements specified in subdivision (c).

Section 1956.4, Title 13, CCR: Reporting Requirements for all Urban Bus

Transit Agencies

The reporting requirements were modified in subdivisions (a), (d), and (f)

to reflect that urban bus transit agencies must submit annual reports

regarding bus purchases and leases, and compliance with required PM

retrofit requirements, rather than just maintain records for inspection upon

request.
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Subdivision (b) was added to specify that urban bus transit agencies on

the fleet rule’s diesel path must submit an initial report stating an agency’s

intent to follow the diesel path and annual reports regarding new bus

purchases and leases.

Section 1956.8, Title 13, CCR: Exhaust Emission Standards and Test

Procedures – 1985 and Subsequent Model Heavy-Duty Engines and

Vehicles

The table in paragraph (a)(2) was modified in response to comments

made by International Truck and Engine Corporation (formerly known as

Navistar) subsequent to publication of the originally proposed regulation in

the Staff Report released on December 10, 1999. The modifications to

the table and the addition of new footnote H are intended to clarify that

each heavy-duty engine manufacturer is subject to its respective

requirements in settlement agreements reached with the ARB and the

federal Environmental Protection Agency (EPA) in an enforcement action

concerning violations of emission standards. In addition, the table was

retitled to more accurately reflect its contents.

Board Resolution Resolution 00-2, which is attached hereto and incorporated by

reference herein, sets forth the Board’s action. Attachment A to Resolution 00-2

contains the approved regulatory language, with additions to the originally

proposed text shown by double underline and deletions shown by double

underline strikeout.

The modified regulatory language included in Attachment A also contains

additional modifications, not presented at either the January or February

hearings, in response to direction provided by the Board at the February hearing.

These changes are sufficiently related to the original text of the regulation such

that the public was placed on notice that the changes could result from the

originally proposed regulatory action. Additions to the originally proposed text

are shown by double underline and deletions are shown by double underline

strikeout. In addition to minor, nonsubstantive modifications to correct

typographical errors or provide further clarity or conformity within the regulation,

these modifications include:

Section 1956.1, Title 13, CCR: Exhaust Emission Standards and Test

Procedures – 1985 and Subsequent Model Heavy-Duty Urban Bus Engines

and Vehicles

Paragraphs (a)(8) and (a)(9) were modified to provide clarity in the

applicability of the ARB’s optional, reduced emission standards for 2002

and subsequent model year urban bus engines, produced beginning

October 1, 2002.
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Paragraph (a)(11) was modified to include bi-fuel urban bus engines, to

provide clarity with respect to proposed emission standards for nonmethane hydrocarbons, carbon monoxide, and formaldehyde, and to

provide specificity regarding the ability of engine manufacturers to sell bus

engines certified to emission standards other than those required by

paragraph (a)(11).

Subdivision (b) was added to incorporate by reference the document

entitled “California Exhaust Emission Standards and Test Procedures for

1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,”

adopted April 8, 1985, and last amended on February 26, 1999.

Section 1956.2, Title 13, CCR: Fleet Rule for Urban Transit Bus Operators

Subdivision (a) was modified to require transit agencies choosing the fleet

rule’s diesel path to notify the ARB of this action.

Subdivision (b) was added to define, for the purpose of the fleet rule

described in section 1956.2, the following terms: alternative fuel; active

fleet; transit agency; and urban bus.

Paragraph (e)(1) was modified to allow zero-emission buses not defined

as an urban bus to be used in calculating a transit agency’s oxides of

nitrogen fleet average standard.

Subdivision (f) was modified for clarity by including bi-fuel urban bus

engines.

Paragraph (f)(7) incorporates by reference a certification procedure for

use by retrofit device manufacturers in certifying retrofit devices to reduce

PM emissions from diesel-fueled, dual-fuel, bi-fuel, and diesel hybrid

electric urban transit buses. The entire certification procedure is a

modification recommended by staff at the January hearing and approved

by the Board at the February hearing. As presented at the January

hearing, the certification procedure was originally included in section

1956.3, title 13, CCR. To provide clarity and specificity, the staff removed

the procedure from section 1956.3 subsequent to the February hearing,

added more detail to the certification requirements, and incorporated the

procedure within a new, separate document entitled “California

Certification Procedures for PM Retrofit Devices for On-Road Heavy-Duty

Diesel Engines.”
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Section 1956.4, Title 13, CCR: Reporting Requirements for all Urban Bus

Transit Agencies

The term “leasing companies” was deleted from the title of section 1956.4

because the reporting requirements described therein only apply to urban

bus transit agencies.

Paragraph (a)(2) was modified to specify requirements for a transit agency

that is requesting a deviation from the 85 percent alternative-fuel bus

purchase/lease requirement for transit agencies on the fleet rule’s

alternative-fuel path.

Subdivision (d) was modified to conform the reporting requirements for PM

retrofits to the modified PM retrofit requirements for transit agencies on the

fleet rule’s diesel path.

Paragraph (f)(2) was modified to specify requirements for a transit agency

that is requesting a deviation from the 15 percent zero emission

purchase/lease requirement for large transit agencies on the fleet rule’s

diesel and alternative-fuel paths.

Subdivision (g) was added to include reporting requirements for transit

agencies exempted from the requirements for new purchases of 2004

through 2006 model year diesel-fueled, dual-fuel, bi-fuel, or alternativefuel urban buses.

Section 1956.8, Title 13, CCR: Exhaust Emission Standards and Test

Procedures – 1985 and Subsequent Model Heavy-Duty Engines and

Vehicles

The language in paragraph (a)(1) was modified to accurately reflect the

contents of the modified table contained therein.

Footnote G in paragraph (a)(1) is new language in the regulation originally

proposed in the Staff Report released on December 10, 1999, that was

not shown as a proposed amendment. Hence, it is included in Attachment

A to this notice as modified text for which public comment is invited.

Paragraphs (a)(4)(A) and (a)(4)(B) were modified to conform with footnote

modifications in paragraphs (a)(1) and (a)(2), pertaining to the dual fueling

mode certification process.
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Footnote A in subdivision (h) was modified to include reference to

section 1961, title 13, CCR – Exhaust Emission Standards and Test

Procedures – 2004 and Subsequent Model Passenger Cars, Light-Duty

Trucks, and Medium-Duty Vehicles.

Section 1965, Title 13, CCR: Emission Control and Smog Index Labels –

1979 and Subsequent Model Year Motor Vehicles

Section 1965 in title 13, incorporates by reference the document entitled

“California Motor Vehicle Emission Control and Smog Index Label

Specifications.” These specifications for tune-up labels, vehicle/engine

emission configuration bar-code labels, and vehicle identification number

bar-code labels apply to all new 1979 and subsequent model-year heavyduty engines, as well as other categories of motor vehicles. Conforming

amendments to section 1965 were inadvertently omitted from the

regulation as originally proposed in the Staff Report released on

December 10, 1999. Hence, section 1965 is included in Attachment A to

this notice, along with conforming modifications to the incorporated

“California Motor Vehicle Emission Control and Smog Index Label

Specifications,” adopted March 1, 1978, and last amended on

October 22, 1999. The conforming modifications, on which public

comment is invited, are shown in double underline and double underline

strikeout.

California Exhaust Emission Standards and Test Procedures for 1985 and

Subsequent Model Heavy-Duty Diesel Engines and Vehicles

The document entitled “California Exhaust Emission Standards and Test

Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines

and Vehicles,” adopted April 8, 1985, and last amended

February 26, 1999, is incorporated by reference in sections 1956.1 and

1956.8, title 13, CCR. The ARB and the federal EPA work very closely

together in regulating motor vehicles, including heavy-duty diesel vehicles.

Hence, this document contains various sections of the Code of Federal

Regulations (CFR) promulgated by the EPA pertaining to heavy-duty

diesel vehicles, including urban transit buses. Some of the CFR

provisions in the “California Exhaust Emission Standards and Test

Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines

and Vehicles” remain the same as those for the federal motor vehicle

control program, while others have been modified to conform to the unique

requirements of California’s motor vehicle control program. Various

sections of the CFR with proposed amendments were inadvertently

omitted from the regulation originally proposed in the Staff Report

released on December 10, 1999. The omitted CFR sections with

proposed amendments, sections 86.098-15 and 86.004-15, title 40, are

included in Attachment A to this notice. The proposed amendments to this
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federal language reflect nonsubstantive conforming modifications, based

on proposed amendments to section 1956.8 and new section 1956.1,

title 13, CCR.

In addition, CFR sections 86.098-11 and 86.004-11, title 40, which were

included in the regulation as originally proposed, contain additional

amendments to conform them to the modifications to CCR sections

1956.1 and 1956.8 described in this notice and included in Attachment A.

For CFR section 86.098-11, the additional amendments include

clarification of the PM standard for 2002 and subsequent model year

diesel-fueled, dual-fuel, and bi-fuel urban bus engines produced beginning

October 1, 2002, and further clarification of the optional, reduced emission

standards for urban bus engines and heavy-duty truck engines.

For CFR section 86.004-11, the additional amendments include

clarification of the emission standards for all 2004 and subsequent model

year urban bus engines, and proposed language included in the regulation

as originally proposed in the Staff Report released on December 10, 1999,

that was not shown in underline/strikeout format as proposed

amendments. This originally proposed language in the Staff Report that

was not shown in underline/strikeout is now shown by double underline

and double underline strikeout., and is contained in subdivision (e) and in

subdivision (g) paragraphs (1)(i)(A) through (1)(i)(E), with minor

nonsubstantive corrections.

The staff has also added to the rulemaking record two memoranda from the

ARB’s legal counsel regarding: 1) ARB authority to regulate urban bus fleets,

labeled as Attachment B; and 2) local air pollution control/air quality management

district authority to regulate fleets, labeled as Attachment C. These are available

for public comment pursuant to section 11346.8(d) of the Government Code.

In accordance with section 11346.8(c) of the Government Code, the Board

directed the Executive Officer to make the modified amendments and any

conforming modifications to the regulation for a public transit bus fleet rule and

emission standards for new urban buses available to the public for comment for a

period of 15 days. The Board further provided that the Executive Officer shall

consider such written comments as may be submitted during this period, shall

make such modifications as may be appropriate in light of the comments

received, and shall present the regulations to the Board for further consideration

if warranted.

Board Resolution 00-2, the text of the 15-day modifications to the public transit

bus fleet rule and emission standards for new urban buses, and the supporting

documentation added to this rulemaking record are available electronically on the

Board’s Internet site at http://www.arb.ca.gov/regact/bus/bus.htm. Copies of
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these documents can also be obtained from the Board’s Public Information Office

at 2020 L Street, Sacramento, California 95814, (916) 322-2990, or by contacting

Ms. Krista Fregoso at (916) 445-5035.

Written comments must be submitted to the Clerk of the Board, Air Resources

Board, P.O. Box 2815, Sacramento, California 95812, no later than

August 31, 2000, for consideration by the Executive Officer prior to final action.

Only comments relating to the modifications and materials added to the record as

described in this notice shall be considered by the Executive Officer.

Attachments

Board Resolution 00-2

Attachment A: Text of the 15-day Modifications

Attachment B: ARB Memo Dated January 26, 2000

Attachment C: ARB Memo Dated February 11, 2000