ATTACHMENT 1

Proposed Additional Modifications to the Text of the “Regulation for a Public

Transit Bus Fleet Rule and Emission Standards for New Urban Buses”

NOTE: The following text shows modifications to language in the urban bus regulation

that the Air Resources Board (ARB) submitted to California’s Office of Administrative

Law (OAL) on December 8, 2000. While the OAL approved the regulation on

January 23, 2001, small portions of the regulatory language were rejected by the OAL

on this same date. The proposed modifications are shown in bold italics underline to

indicate proposed additional text, and in bold italics strikeout to show proposed

deleted text. For simplicity, the text as modified through the prior comment period

ending August 31, 2000, and as approved by OAL on January 31, 2001, appears here

as plain text. Only those portions of the urban bus regulation containing additional

proposed modifications are contained in this document. Text of the urban bus

regulation not included in this document remains as approved by the OAL on

January 23, 2001. Only comments relating to the proposed modifications described in

this second notice of modified text can be considered by the Executive Officer.
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Amend section 1956.1(a)(11), title 13, CCR, to read as follows:

(11) 2004-2006 – For diesel-fueled, or dual-fuel, and bi-fuel urban bus engines, the

standards are 0.5 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05 g/bhp-hr NMHC,

5.0 g/bhp-hr CO, and 0.01 g/bhp-hr formaldehyde. As an option, manufacturers

may choose to meet the NOx and PM standards with a base engine that is

certified to the standards in paragraph (10) above, equipped with an

aftertreatment system that reduces NOx to 0.5 g/bhp-hr and PM to 0.01 g/bhp-hr

standards. The NMHC, CO, and formaldehyde standards in this paragraph (11)

shall still apply. Manufacturers shall be responsible for full certification, durability,

testing, and warranty and other requirements for the base engine. For the

aftertreatment system, manufacturers shall not be subject to the certification

durability requirements, or in-use recall and enforcement provisions, but are

subject to warranty provisions for functionality.

In addition, engine manufacturers may sell diesel-fueled, dual-fuel, or bi-fuel

engines to any transit fleet exempted by the Executive Officer under paragraphs

(c)(8) and (d)(7) of section 1956.2, Title 13, CCR, from the requirements of

paragraphs (c)(5) and (d)(4) of section 1956.2, certified to the standards in either

paragraphs (9) or (10) above, provided that engines certified to the standards in

paragraph (10) must be certified to a 0.01 g/bhp-hr PM standard.

Amend section 1956.2(c)(5), title 13, CCR, to read as follows:

(5) Transit agencies on the alternative-fuel path shall not purchase any diesel-fueled,

dual-fuel, or bi-fuel buses with 2004 – 2006 model year engines certified to

emissions levels in excess of those specified in paragraph (a)(11) of section

1956.1, Title 13, CCR., except as provided in paragraph (c)(8) of this section.

Add section 1956.2(c)(8), title 13, CCR, to read as follows:

(8) The Executive Officer may exempt transit agencies on the alternative-fuel

path from the requirements of paragraph (c)(5) of section 1956.2, Title 13,

CCR, provided that:

(A) A transit agency applies to the Executive Officer for such exemption

by June 30, 2001;

(B) A transit agency demonstrates to the Executive Officer that it will

achieve NOx emissions benefits through 2015 greater than what

would have been achieved through compliance with paragraph (c)(5);

and

(C) The Executive Officer finds that transit agencies, after consulting

with the Engine Manufacturers Association, have demonstrated, or

are contractually committed to demonstrate, advanced NOx

aftertreatment technology.
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Amend section 1956.4(g), title 13, CCR, to read as follows:

(g) Transit agencies exempted from the requirements of paragraphs (c)(5) and

(d)(4), section 1956.2, Title 13, CCR, shall submit annual reports demonstrating

that they are achieving NOx emission benefits required in paragraphs (c)(8)(B)

and (d)(7)(B), section 1956.2, Title 13, CCR. The first report shall be submitted

by January 31, 2005. Subsequent reports shall be submitted annually by

January 31 through the year 2016.

Amend subsection (3)(a)(ix) in the document entitled “California Motor Vehicle Emission

Control and Smog Index Label Specifications” incorporated by reference in section

1965, title 13, CCR, to read as follows:

ix. An unconditional statement of compliance with the appropriate model-year

California regulations; for example, "This vehicle (or engine, as applicable)

conforms to California regulations applicable to model-year new (for

1992 and subsequent model years, specify TLEV, LEV, ULEV, SULEV, or ZEV,

as applicable) (specify motorcycles, passenger cars, light-duty trucks,

medium-duty vehicles, heavy-duty Otto-cycle engines, or heavy-duty diesel

engines, as applicable)." For federally certified vehicles certified for sale in

California the statement must include the phrase "conforms to U.S. EPA

regulations and is certified for sale in California." For Class III motorcycles for

sale in California, the statement must include the phrase "is certified to HC

engine family exhaust emission standard in California." For incomplete light-duty

truck and incomplete medium-duty vehicles the label shall contain the following

statement in lieu of the above:

"This vehicle conforms to California regulations applicable to ____

model-year new (for 1992 and subsequent model years

specify LEV, ULEV or SULEV, as applicable) vehicles when

completed at a maximum curb weight of pounds and a

maximum frontal area of square feet."

For 1994 through 2002 model year heavy heavy-duty diesel engines, produced

before October 1, 2002, to be used in urban buses that are certified to the

optional reduced-emission standards, the label shall contain the following

statement in lieu of the above:

"This engine conforms to California regulations applicable to _____

model year new urban bus engines and is certified to a NOx

emission standard of g/bhp-hr (for optional reduced-emission

standards specify between 0.5 and 3.5 at 0.5 g/bhp-hr increments

for 1994 and 1995 model years, and between 0.5 and 2.5 at 0.5

g/bhp-hr increments for 1996 through 2002 model years produced

before October 1, 2002)."

For 2002 through 2003 model year heavy heavy-duty diesel-fueled, dual-fuel,

and bi-fuel engines, produced beginning October 1, 2002, to be used in urban
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buses that are certified to the optional reduced-emission standards, the label

shall contain the following statement in lieu of the above:

“This engine conforms to California regulations applicable to ____

model year new urban bus engines and is certified to a NOx plus

NMHC optional reduced-emission standard of ____ g/bhp-hr (for

optional reduced-emission standards specify between 0.3 and 1.8,

inclusive, at 0.3 g/bhp-hr increments, and a particulate matter

standard of 0.01 g/bhp-hr).”

This statement shall also be used on 2004 through 2006 model year heavy

heavy-duty diesel-fueled, dual-fuel, and bi-fuel engines to be used in urban

buses that are certified to the optional reduced-emission standards and are sold

to any transit agency exempted under paragraphs (c)(8) and (d)(7), section

1956.2, Title 13, CCR, from the requirements of paragraphs (c)(5) and (d)(4),

section 1956.2, Title 13, CCR.

For 2002 through 2006 model year heavy heavy-duty diesel cycle engines

produced beginning October 1, 2002, other than diesel-fueled, dual-fuel, and bifuel engines, to be used in urban buses that are certified to the optional reducedemission standards, the label shall contain the following statement in lieu of the

above:

“This engine conforms to California regulations applicable to____

model year new urban bus engines and is certified to a NOx plus

NMHC optional reduced-emission standard of g/bhp-hr (for

optional reduced-emission standards specify between 0.3 and 1.8,

inclusive, at 0.3 g/bhp-hr increments, and a particulate matter

standard 0.03 g/bhp-hr, 0.02 g/bhp-hr, or 0.01 g/bhp-hr).”

For 1995 through 2002 model year heavy-duty engines produced before

October 1, 2002, other than those for use in urban buses, that are certified to the

optional reduced-emission standards, the label shall contain the following

statement in lieu of the above:

"This engine conforms to California regulations applicable to _____

model-year new heavy-duty engines, other than those for use in

urban buses, and is certified to a NOx emission standard of ____

g/bhp-hr (for optional reduced-emission standards specify between

0.5 and 3.5 at 0.5 g/bhp-hr increments for 1995 through 1997

model-year diesel engines, between 0.5 and 2.5 at 0.5 g/bhp-hr

increments for 1998 through 2002 model-year diesel engines

produced before October 1, 2002, between 0.5 and 2.5 at

0.5 g/bhp-hr increments for 1995 through 1997 model-year Ottocycle engines, and between 0.5 and 1.5 at 0.5 g/bhp-hr increments

for 1998 and later model year Otto-cycle engines)."
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For 2002 and later model year heavy-duty diesel engines produced beginning

October 1, 2002, other than those for use in urban buses, that are certified to the

optional reduced-emission standards, the label shall contain the following

statement in lieu of the above:

"This engine conforms to California regulations applicable to _____

model-year new heavy-duty engines and is certified to a NOx plus

NMHC optional reduced-emission standard of g/bhp-hr (for

optional reduced-emission standards specify between 0.3 and 1.8,

inclusive, at 0.3 g/bhp-hr increments, and a particulate matter

standard of 0.03 g/bhp-hr, 0.02 g/bhp-hr, or 0.01 g/bhp-hr)."

For heavy-duty diesel engines certified under the requirements of Title 13

California Code of Regulations, § 1956.8 (a)(4), the statement of compliance

requirements of this subsection (3)(a)(ix) shall be repeated for each of the two

fueling modes of operation. Appended to the statement for the lower emitting

fueling model of operation shall be the following sentence:

"This certification is valid only while operating on (indicate the

fuel or fuel combination under which this mode of operation was

certified) fuel. Operation using any other fueling mode will result in

significant increases in exhaust emissions and significantly reduce

engine performance."

Manufacturers may elect to use a supplemental label in addition to the original

label if there is not sufficient space to include all the required information. The

supplemental label must conform to all specifications as the original label. In the

case that a supplemental label is used, the original label shall be number "1 of 2"

and the supplemental label shall be numbered "2 of 2."