State of California

California Environmental Protection Agency

AIR RESOURCES BOARD

Second Addendum to the Final Statement of Reasons for the Public Transit Bus

Fleet Rule and Emission Standards for New Urban Buses

Public Hearing Date: January 27, 2000

Continued to: February 24, 2000

Agenda Item: 00-1-2

I. BACKGROUND

This addendum to the Final Statement of Reasons (FSOR) describes

modifications made by the Air Resources Board (ARB or Board) to amendments to the

Public Transit Bus Fleet Rule and Emission Standards for New Urban Buses. The ARB

is submitting this addendum to the FSOR for insertion in the Office of Administrative

Law (OAL) File Number 00-1208-035.

On December 8, 2000, the ARB submitted to OAL for its review a Final

Regulation Order adopting sections 1956.1, 1956.2, 1956.3, and 1956.4, and amending

sections 1956.8 and 1965, and the documents incorporated by reference therein,

title 13, California Code of Regulations (CCR). On January 23, 2001, the OAL

approved the proposed regulatory action, with the exception of paragraph (c)(8) in

section 1956.2, and text referencing the provisions of this paragraph in paragraph

(a)(11), section 1956.1; in paragraph (c)(5), section 1956.2; and in subsection (3)(a)(ix)

in the document entitled “California Motor Vehicle Emission Control and Smog Index

Label Specifications” incorporated by reference in section 1965. Paragraph (c)(8),

section 1956.2, describes the criteria that transit agencies on the alternative-fuel path

must meet in order to receive an Executive Officer-issued exemption from purchasing

urban buses with engines certified to the emission standards for 2004 through 2006

model year diesel-fueled urban bus engines, as specified in paragraph (a)(11), section

1956.1. In short, paragraph (c)(8) allows transit agencies to implement an alternative

strategy to reduce oxides of nitrogen (NOx) emissions from their urban bus fleets in lieu

of purchasing urban buses with engines certified to the required emission standards for

2004 through 2006 model year diesel-fueled urban bus engines.

In disapproving the regulatory text described above, the OAL cited it as a

substantive regulatory change that was not included in the first 15-day notice issued on

August 16, 2000, and thus was not made available for public comment. In response to

the OAL disapproval, the ARB issued a Second Notice of Public Availability of Modified

Text. During the second supplemental 15-day comment period from April 4, 2001,

through April 19, 2001, the ARB received one comment letter submitted by the Engine

Manufacturers Association (EMA).
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II. ADDITIONAL MODIFICATIONS

To address OAL’s concerns, the modifications contained in the Second Notice of

Public Availability of Modified Text added back in the regulatory text disapproved by

OAL on January 23, 2001. By including paragraph (c)(8) in section 1956.2, and by

including its accompanying referencing text in sections 1956.1, 1956.2, and in the

“California Motor Vehicle Emission Control and Smog Index Label Specifications”

incorporated by reference in section 1965, it was the ARB’s intent to provide transit

fleets on the alternative-fuel path the same compliance flexibility as transit fleets on the

diesel path by allowing alternative-fuel path fleets to conduct an alternative NOx

emission reduction strategy in lieu of purchasing urban buses with engines certified to

the emission standards for 2004 through 2006 model year diesel-fueled urban bus

engines. The staff believes paragraph (c)(8) effectuates the Board’s direction at the

February 24, 2000, hearing, and clarifies that alternative-fuel path fleets, as well as

diesel path fleets, may conduct an alternative NOx emission reduction strategy.

In addition to the modification described above, the staff also proposed additional

clarifying modifications to paragraph (g), section 1956.4, to conform the reporting

requirements for alternative-fuel path transit fleets conducting an alternative NOx

emission reduction strategy with the reporting requirements for diesel path fleets

conducting such a strategy.

III. PUBLIC COMMENTS AND AGENCY RESPONSES

Only EMA submitted a written comment during the 15-day comment period from

April 4, 2001, through April 19, 2001. Its recommendation is summarized below, and is

accompanied by the ARB’s response to the comment.

1. Comment: We support, in principle, the addition of paragraph (c)(8), section

1956.2, as providing some limited compliance flexibility for transit fleets on the

alternative-fuel path. However, the provisions of paragraph (c)(8), section 1956.2, may

fall short of providing the needed flexibility for alternative-fuel path fleets that have been

purchasing natural gas urban buses for several years. For example, an alternative-fuel

path fleet may need to add some articulated buses to its fleet in order to meet its service

needs. At this time, only diesel-fueled engines certified to the 2.4/2.5 grams per brake

horsepower-hour (g/bhp-hr) NOx + non-methane hydrocarbons (NMHC) standard will

be available for use in articulated buses. Proposed paragraph (c)(8), section 1956.2,

would prevent transit fleets from purchasing these engines. As such, the ARB should

allow alternative-fuel path fleets to purchase diesel-fueled urban bus engines that meet

the 2.4/2.5 g/bhp-hr emission standard specified in paragraph (a)(10), section 1956.1.

(EMA)

Agency Response: The ARB disagrees that paragraph (c)(8) in section 1956.2 will

prevent transit fleets from purchasing diesel-fueled urban bus engines certified to the

2.4/2.5 g/bhp-hr NOx + NMHC standard specified in paragraph (a)(10). To the contrary,

that is the purpose of paragraph (c)(8) – to allow a transit fleet to purchase 2.4/2.5
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g/bhp-hr NOx + NMHC engines as part of its Executive Officer-approved alternative

NOx emission reduction strategy. The provisions in paragraph (c)(8) allow the ARB’s

Executive Officer to exempt transit fleets, upon meeting certain criteria, from the

requirement to purchase buses with engines meeting the emissions standards for 2004

through 2006 model year diesel-fueled engines. This requirement, contained in

paragraph (c)(5), section 1956.2, title 13, CCR, references paragraph (a)(11), section

1956.1, title 13, CCR, which specifies the emission standards for 2004 through 2006

model year diesel-fueled engines. Paragraph (a)(11), section 1956.1, also specifically

states that engine manufacturers may sell diesel-fueled engines certified to the

emission standards in paragraph (a)(10) [i.e., 2.4/2.5 g/bhp-hr NOx + NMHC] to any

transit fleet that receives an exemption from the requirements of paragraph (c)(8).

Thus, this provision already enacts EMA’s recommendation and no further regulatory

modifications are necessary.

IV. CONCLUSION

The ARB believes that the regulatory text is sufficiently clarified, consistent with

the Board’s directives at the public hearings, and addresses the OAL’s concerns

regarding the inclusion of the alternative NOx emission reduction strategy provision on

the alternative-fuel path. The final modifications were adopted by the ARB through

Executive Order G-01-010, dated May 29, 2001.