1 State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text

PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENTS TO THE

EXHAUST EMISSION STANDARDS FOR 2007-2009 MODEL-YEAR HEAVY-DUTY

URBAN BUS ENGINES AND THE FLEET RULE FOR TRANSIT AG ENCIES

First Public Hearing Date: September 15, 2005

Continued To: October 20 & 27, 2005 Public Availability Date: April 28, 2006 Deadline for Public Comment: May 15, 2006

At a public hearing held on September 15, 2005, the Air Resources Board (ARB or Board) considered amendments presented by staff aff ecting urban buses owned or operated by transit agencies. Staff presented two policy decisions for the Board’s consideration: 1) amending the statewide urban bus emission standards and 2) mandating that all transit agencies operating in the South Coast Air District be required to follow the alternative-fuel compliance path. The Board adopted Resolution 05-47, which adopted the amendment manda ting transit agencies in the

South Coast Air District to switch to the alternati ve-fuel path. The Board deferred

consideration of the amendment to the statewide urb an bus emission standard until October 20, 2005.

On October 20, 2005, staff presented modifications to the regulation originally proposed in the Staff Report: Initial Statement of Reasons r eleased and made available to the public on July 29, 2005. Staff presented three opt ions to the Board: 1) retain the current new urban bus emissions standards, 2) align the 2007 and subsequent model-year new urban bus engine emission standards with the equivalent model year heavy-duty truck engine emission standard, and 3) r equire all transit agencies to purchase/lease only alternative fuel buses. At the conclusion of the hearing, the Board adopted Resolution 05-53, in which it approved modi fied amendments subject to the Board’s consideration at an October 27 hearing of a report from the staff on the likely

effect of one element of the modified amendments.

At the October 27, 2005 hearing, after considering the staff’s report, the Board adopted Resolution 05-61, approving the modifications previ ously approved with one additional modification. The modified amendments align the 20 07 and subsequent model-year urban bus engine emission standards with the equiva lent model-year California heavyduty truck engine emission standards, but require d iesel path transit agencies with more than 30 urban buses in their fleets that purchase 2 007 through 2009 model-year urban buses with diesel engines not certified at or below 0.2 grams per brakehorse powerhour (g/bhp-hr) oxides of nitrogen (NOx) engine emi ssion standard to meet specified conditions. The conditions require the transit age ncy to mitigate the NOx emissions through retrofitting an existing urban bus or trans it fleet vehicle within its fleet with a2

level 3 diesel emission control strategy with a 40 percent NOx reduction, and if a device is not verified, a minimum of 25 percent NOx reduct ion, until vehicles in the agency’s fleet are retrofitted or are incapable of being ret rofitted.

In accordance with section 11346.8(c) of the Govern ment Code, the Board directed the

Executive Officer to make the modified amendments a nd any conforming modifications to the regulation for a transit fleet rule availabl e to the public for comment for a period of 15 days. The Board further provided that the Execu tive Officer shall consider such written comments as may be submitted during this pe riod, shall make such modifications as may be appropriate in light of the comments received, and shall present the regulations to the Board for further co nsideration if warranted.

Board Resolutions 05-47, 05-53 and 05-61, and the t ext of the 15-day modifications to the transit fleet rule are available electronically on the Board’s Internet site at http://www.arb.ca.gov/regact/sctransit/sctransit.ht m . Copies of these documents can

also be obtained from the Board’s Public Informatio n Office at 1001 I Street, Sacramento, California 95814, (916) 322-2990, or by contacting Ms. Kathleen Mead at (916) 324-9550.

Written comments on the modifications approved by t he Board in Resolution 05-61 may be submitted by postal mail, electronic mail, or fa csimile as follows:

Postal Mail is to be sent to:

Clerk of the Board

Air Resources Board 1001 “I” Street, 23 rd Floor Sacramento, California 95814

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php

Facsimile submissions are to be transmitted to: (9 16) 322-3928

In order to be considered by the Executive Officer, comments must be directed to the

ARB in one of the three forms described above and r eceived by the ARB by 5:00 p.m. on the deadline date for public comment listed at t he beginning of this notice. Only comments relating to the above-described modificati ons to the text of the regulations will be considered by the Executive Officer.

Attachments15-Day Notice version A-1

Release Date: April 28, 2006 Hearing Date: September 17, and October 20 and 27, 2005 ATTACHMENT A

REGULATORY AMENDMENTS

TEXT OF THE 15-DAY MODIFICATIONS TO:

EXHAUST EMISSION STANDARDS FOR 2007-2009 MODEL YEAR HEAVY DUTY

URBAN BUS ENGINES AND THE FLEET RULE FOR TRANSIT AGENCIES15-Day Notice version A-2

Release Date: April 28, 2006 Hearing Date: September 17, and October 20 and 27, 2005 TEXT OF THE 15-DAY MODIFICATIONS

Amend the following sections of title 13, Californi a Code of Regulations, to read as set forth in the following pages:

Amend : Section 1956.1 Exhaust Emission Standards and Test Procedures – 1985 and Subsequent Model Heavy Duty Urban Bus Engines and Vehicles. Section 1956.8(a)(2)(A) Exhaust Emissions Standards and Test Procedures – 1985 and Subsequent Model Heavy Duty Urban Bus Engines and Vehicles Section 2023.1(a)(5) Fleet Rule for Transit Agencie s – Urban Bus Requirements Section 2023.4(b) Reporting Requirements for Transi t Agencies

Notes: This document is printed in a style to indic ate changes to the preexisting

regulations. The originally-noticed amendments, re leased in connection with the July 29, 2005, Initial Statement of Reason s, are shown in

underline to indicate additions and strikeout to indicate deletions. Modifications, approved by the Board on October 27, 2005, are shown in

double underline to indicate additions and double s trikeout to indicate deletions from the July 29, 2005, proposed regulato ry language. The symbol “* * * * *” means that intervening text not being amended is not shown. “[No Change]” means that no changes are bei ng proposed to a specified subsection, the text of which is not show n. “[No modification]” means that no modifications to the originally-notic ed amendments are being proposed.

The Board approved the modified amendments conditi onal to the 15-day

change procedure. This document shows the proposed 15-day

amendments to the text.15-Day Notice version A-3

Release Date: April 28, 2006 Hearing Date: September 17, and October 20 and 27, 2005 Amend Section 1956.1 to read as follows:

§ 1956.1 Exhaust Emission Standards and Test Procedures – 19 85 an d

Subsequent Through - 2006 Model- Year Heavy Duty Urban Bus Engines and Vehicles.

(a) The exhaust emissions from new 1985 and subsequ ent model heavy-duty diesel cycle urban bus engines and vehicles fueled by methanol, natural gas, liquefied petroleum gas, and petroleum shall not ex ceed the following, by model year:

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) [No Change]

(6) [No Change]

(7) [No Change]

(8) [No Change]

(9) [No Change]

(10) [No Modification]

(11) [No Change]

(12) 2007 and subsequent

– 0.2 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.

(b) [No Modification]

(c) [No Modification]

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43100, 43101, 43104, and 43806, Health and Safety Code, and section 28114, Vehicle Code. Reference: Sections 39002, 39003,
39017, 39033, 39500, 39650, 39657, 39667, 39701, 40 000, 43000, 43000.5, 43009, 43013, 43018, 43102, and 43806, Health and Safety Code, and secti on 28114, Vehicle Code.15-Day Notice version A-4

Release Date: April 28, 2006 Hearing Date: September 17, and October 20 and 27, 2005 Amend section 1956.8 (a)(2)(A) to read as follows:

§ 1956.8. Exhaust Emissions Standards and Test Pro cedures – 1985 and Subsequent Model Heavy-Duty Engines and Vehicles.

(a)(1) [No Change]

(2)(A) The exhaust emissions from new 2004 and subs equent model heavy-duty diesel engines, heavy-duty natural gas-fueled and l iquefied-petroleum-gasfueled engines derived from diesel-cycle engines, a nd heavy-duty methanolfueled diesel engines, and the optional, reduced-em ission standards for 2002 and subsequent model engines produced beginning Oct ober 1, 2002, except in all cases engines used in medium-duty vehicles, shall not exceed:

Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty Engines, and Optional, Reduced Emission Standards for 2002 a nd Subsequent Model Heavy-Duty Engines Produced Beginning October 1, 20 02, Other than Urban Bus

Model

- Year Engines Produced From October 1, 2002 t T hrough 2006 L (grams per brake horsepower-hour [g/bhp-hr])

Model Year Oxides of Nitrogen Plus

Non-methane Hydrocarbons Optional Oxides

of Nitrogen Plus

Non-methane Hydrocarbons Oxides

of Nitrogen Non-methane

Hydrocarbons Carbon

Monoxide Particulates

2004-2006 H 2.4 A,C,E,J 2.5 B,C,E,J n/a n/a 15.5 0.10 C

October 1, 2002-2006 n/a 1.8 to 0.3 A,D,F n/a n/a 15.5 0.03 to

0.01 G

2007 and subsequent M n/a n/a 0.2 I 0.14 15.5 0.01 K

Footnotes A-K [No Change]

L For 2007 and subsequent model year urban bus engin es, this section applies. For urban bus model-year engines produced from October 1, 2002 through 2006, refer to

section 1956.1.

M For model years between 2007 and 2009, transit age ncies purchasing urban buses and/or urban bus engines shall meet the requirement s set forth in section 2023.1.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43100, 43101, 43104, 43105, and 43806, Health and Safety Code, and section 28114, V ehicle Code. Reference: Sections 39002,
39003, 39500, 43000, 43013, 43018, 43100, 43101, 43 102, 43104, 43106, 43202, 43204, 43206, 43210, 43211, 43212, 43213, and 43806, Health and S afety Code; and section 28114, Vehicle Code.15-Day Notice version A-5

Release Date: April 28, 2006 Hearing Date: September 17, and October 20 and 27, 2005 Amend section 2023.1(a) to read as follows:

§ 2023.1. Fleet Rule for Transit Agencies – Urban Bus Requirements

(a) To encourage transit agencies that operate urba n bus fleets to purchase or lease lower emission alternative-fuel buses, while also p roviding flexibility to such fleet operators to determine their optimal fleet mix in c onsideration of such factors as air quality benefits, service availability, cost, e fficiency, safety, and convenience, two paths to compliance with this fleet rule are av ailable: the alternative-fuel path and the diesel path.

(1) [No Change].

(2) [No Change]

(3) [No Change]

(4) A transit agency within the jurisdiction of the So uth Coast Air Quality Management District shall follow the alternative-fu el path. If the transit agency had previously stated its intent to follow t he diesel path, the change to the alternative-fuel path shall be effect ive on [Insert effective date of subsection].

(5) Transit agencies on the diesel path with more than 30 buses in their fleets purchasing model year 2007 through 2009 urban buses that are not certified at or below 0.2 g/bhp-hr NOx emission lev el shall:

(A) Mitigate the increased NOx emissions for each u rban bus purchased by retrofitting an existing urban bus or transit fl eet vehicle within the fleet with a level 3 particulate matter (PM) verifi ed diesel emission control strategy with an oxides of nitrogen (NOx) r eduction efficiency of at least 40 percent, if available, otherwise, with a NOx reduction efficiency of at least 25 percent. This retrofit r equirement applies on a

one-to-one basis until all diesel urban buses and t ransit fleet vehicles within the transit agency’s fleet are either retrof itted or are determined to be unable to be retrofitted as specified in (B) below.

(B) Obtain Executive Officer approval for purchasin g a 2007 through 2009 model year urban bus not subject to (A) above by su bmitting to the Executive Officer a report 90 days prior to the del ivery of the urban bus. The report shall provide information that dem onstrates that all vehicles in the transit agency’s fleet have been re trofitted or are determined to be unable to be retrofitted including when the inability to

retrofit occurs for reasons other than a device not verified for the specific urban bus or transit fleet vehicle engine family.15-Day Notice version A-6

Release Date: April 28, 2006 Hearing Date: September 17, and October 20 and 27, 2005

(C) Submit annual reports that meet the requirements i n section 2023.4(b)(4).

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 39667 , 43013, 43018 and 43101 7 (b), Health and Safety Code. Reference: Sections 39002, 39003, 390 17, 39500, 39650, 39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801 and 43806, H ealth and Safety Code; and sections 233 and 28114, Vehicle Code.

Amend section 2023.4(b) to read as follows:

§ 2023.4 Reporting Requirements for Transit Agencie s.

(a) [No Change]

(b) The following reports on new urban bus purchase s and/or leases by transit agencies on the diesel path shall be submitted as d escribed below:

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) As set forth in section 2023.1(a)(5), transit a gencies with more than 30 buses in their fleet that purchase model-years 2007 through 2009 urban buses not certified at or below 0.2 g/bhp-hr NOx em issions shall submit the following information for each urban bus purcha sed: the manufacturer, make, and model year of the engine of the urban bus or transit fleet

vehicle retrofitted and for each diesel emission co ntrol strategy applied, the date of installation, the device’s product seri al number, and its Diesel Emission Control Strategy Family Name in accordance with the requirements of section 2705(g)(2), title 13, CCR. The first report shall be submitted by January 31, 2007. Subsequent reports shall be submitted annually by January 31 through the year 2016.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 39667 , 43013, 43018 and 43701(b), Health and Safety Code. Reference: Sections 39002, 39003, 39017, 395 00, 39650, 39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801 and 43806, Health and Safety Code; and sections 233 and 28114,

Vehicle Code.