[27 Pa.B. 5010]
[Continued from previous Web Page] (16) Section 177.253 (relating to responsibility of the station owner for vehicles which fail the I/M test) has been reorganized to provide the correct name of the division within the Department, that is the Vehicle Inspection Division and not the Vehicle Control Division, to initiate the consumer complaint procedure. Aggrieved motorists may, as an alternative, also continue to consult with the Quality Assurance Officer. This section also has had provisions added which address how owners or operators of vehicles that fail the I/M test may challenge the results of the emission inspection. These additions were made to advise the motoring public that there are options if they believe an emission inspection was performed improperly for any reason.
(17) Section 177.272 (relating to prerequisites) has been amended to indicate that that repair data form is a diagnostic information repair data form and that it be completed and presented to the inspection station as a prerequisite for a retest.
(18) Section 177.274 (relating to retest fees) has been amended to clarify that the retest is free only if the vehicle is returned within 30 days to the emission inspection station that performed the initial inspection. Provisions addressing a referee test have also been added as another avenue of redress for aggrieved motorists. If a referee test is requested after the vehicle has failed the free retest and the vehicle fails the referee test, the vehicle owner or operator shall pay for this test and any subsequent retests.
(19) Section 177.281 (relating to issuance of waiver) has been amended by relieving the emission inspection station of the responsibility of issuing a certificate of inspection, under the conditions spelled out in this section and Appendix A of this chapter and places this duty upon the Department or a single contractor. This change was made to comply with 40 CFR 51.360(c)(1) (relating to issuance of waivers and compliance via diagnostic inspection).
(20) Section 177.282 (relating to annual adjustment of minimum waiver expenditure for enhanced emission inspection areas) has been restyled to reflect that the annual adjustment will apply to the enhanced emission inspection program, consistent with 42 U.S.C.A. § 7511a(c)(3)(C)(iii).
(21) Section 177.291(c) (relating to certificates of emission inspection procedures) has been deleted and proposed subsections (d)--(k) have been renumbered accordingly. This subsection has been deleted because the Department believes that, in this section, it is misleading and vague.
(22) Section 177.292 (relating to recording inspection) has been amended to differentiate the basic inspection program areas from the enhanced inspection program areas by indicating that the certificate of waiver provision appearing in subsection (c) of the proposed amendments applies to basic inspection areas. Further, the subsection has been amended to reflect that the enhanced I/M program will use an electronic waiver process.
(23) Section 177.401 (relating to appointment) has been amended to reflect that the provisions of this section apply to both the basic emission program and the enhanced I/M program. Further, § 177.401(b) has been amended to clarify that the section cited therein is to the Vehicle Code.
(24) Section 177.403(a) (relating to approval of emission inspection station) has been amended to indicate that the inspection station investigator will not be performing the investigation for approval, but instead this responsibility will be handled by the quality assurance officer or other authorized Commonwealth representative or agent. The Department no longer uses the terminology ''inspection station investigator,'' and has transferred that function to the quality assurance officer.
(25) Section 177.404 (relating to required certificates and station signs) has been amended in paragraph (4) to delete a reference to consumer complaint station because there are no consumer complaint stations in the basic emission program or in the enhanced I/M program. Section 177.404(5) has been amended to delineate the correct name of the Department Division responsible for the I/M program, the Vehicle Inspection Division.
(26) Section 177.405 has been amended to delete the term ''enhanced'' at § 177.405(a), because the requirements of the general provisions apply to both the basic and enhanced I/M programs. In § 177.405(2) and (4), the term ''inspection station investigator'' is no longer used by the Department and has been deleted. It has been replaced with the term, ''quality assurance officer.'' The Department changed the reference from § 177.405(b) to § 177.405(5) to be consistent. The substance of § 177.405(b) has been moved into a new paragraph (5). This change was made at the suggestion of IRRC since this rule relates to the other general provisions concerning emission inspection areas. Accordingly, since there is no longer a subsection (b), the subsection (a) is understood and thus deleted.
(27) Section 177.406(a) has been amended by including in the list of required tools, a digital multimeter which is applicable in the enhanced I/M program areas using the PA97 with ASM equipment. Particulars concerning the data to be collected have been deleted and moved to Appendix B. Section 177.406(a)(16), relating to approved inspection and maintenance textbooks and workbooks, has been further amended to permit these textbooks and workbooks to exist on an electronic or computerized medium. Subsection (c) has been renumbered paragraph (3) and a new paragraph (3)(ii) has been added which states that the specifications for the calibration gases for enhanced I/M test equipment are provided in Appendix A.
(28) Section 177.407 (relating to hours of operation) has been amended to specify that stations must be operating 5 days a week except for emission inspection stations owned and operated by more than one owner. The more than one owner exception enables smaller enhanced I/M stations to share equipment and therefore perform emissions inspections. A reference to the term ''inspection station investigator'' has been deleted and replaced with the term ''quality assurance officer.''
(29) Section 177.408(a) has been amended to reflect that basic emission inspectors must also be certified by the Department. Further, § 177.408(c) has been amended to reflect that the rules within this subsection clearly apply to enhanced emission inspections. Additionally, the requirements for inspectors certified to perform enhanced emission inspections will include computer-based training under the supervision of a certified educational instructor as well as the requirement to complete a refresher course every 2 years. These changes were made to enable the Commonwealth to claim the additional credit in its SIP. The substance of the proposed § 177.408(d) has been moved to subsection (e) and the remaining subsections have been renumbered accordingly. The new subsection (d) provides the requirements to be certified to perform basic emission inspections. The new subsection (e), relating to identification, has been further amended to reflect that the rule relating to possession of a currently valid certification card applies to both a basic or enhanced emission inspector. The new subsection (f), relating to names of inspectors, has been amended to apply to all emission inspectors. Accordingly, the name and inspector certification number of a emission inspector must be posted on the current list of emission inspectors in a conspicuous place in an inspection station. The new subsection (g), relating to number of inspections, has been amended to reflect that the number of basic or enhanced one or two speed idle inspections may not exceed 12 subject vehicles per hour. Further, inspections utilizing ASM test procedures and equipment may not exceed 6 inspections per hour.
(30) Section 177.501 (relating to equipment approval procedures) was amended by adding a new designator (a) to the proposed text to provide for interim approval of test equipment used in the basic I/M program, substituting the term ''interim'' for the term ''preliminary,'' and by deleting in subsection (a)(1)(i) references to BAR90 test equipment and Appendix A. Subsection (a)(1) was further amended by deleting subparagraph (iv), relating to interim certification of dynamometers. Subsection (a)(2) was also amended by deleting subparagraph (iv), relating to final approval of dynamometers. These changes were made to reflect that BAR90 analyzers and dynamometers are not required in the basic I/M program.
A new subsection (b) was added to provide for interim and final approval of equipment for use in the enhanced I/M program. Finally, paragraph (3) was renumbered subsection (c) and the phrase ''and dynamometer, if applicable,'' was added to reflect that this subsection applies to both the basic and enhanced equipment approval process.
(31) Section 177.502(a)(2) (relating to service commitment) was amended to delete the word ''enhanced'' to reflect that this section applies to both the basic and the enhanced program. Subsection (a)(2) has been further amended by requiring the provision of onsite inspector training within 7 days of an owner's request, rather than 45 days, and subsection (a)(4) has been amended by adding the phrase ''or leased'' and changing the response time for maintenance from 5 business days to 1 business day. These changes were made because the Department believes that a quick response by the equipment manufacturers and providers to requests from the inspection stations for training and maintenance service is critical to the success of the enhanced program.
Subsection (b), relating to the provision of additional services to inspection stations for a fee, has been amended by moving the original content of paragraph (1) to paragraph (2), moving the original content of paragraph (2) to a new paragraph (3) and reorganizing paragraph (1) with the phrase ''Service faulty equipment.''
Subsection (d) has been added by incorporating new material in the subsection which requires that replacement parts and equipment must be the same as or equivalent to parts or equipment provided by the original equipment manufacturers. This was done to protect the integrity of the enhanced program by ensuring that test equipment would not fail to maintain required accuracy because of the installation of inferior or incorrect parts during repairs.
The proposed subsection (d) was designated and placed in a new subsection (e), and subsection (e)(1), relating to maintenance response time has been amended by changing the requirement for response to a request for maintenance on equipment from 5 business days to 1 business day.
(32) Section 177.503 (relating to performance commitment) has been amended by deleting the term ''licensed'' in subsection (b) and replacing it with the term ''certified'' and deleting the term ''licensed'' in subsection (b)(1) and replacing it with the term ''certified emission.'' This was done to reflect the fact that this regulation provides for the certification, rather than the licensing, of inspection stations by the Department.
Section 177.503 was further amended by adding a new subsection (c), requiring approved service providers other than equipment manufacturers and suppliers to provide a performance bond or other security to be used in the event of nonperformance or default by the service provider. This was done to ensure that all equipment service providers were subject to the same security requirements as the equipment manufacturers and suppliers and to protect inspection stations from faulty service performance by other service providers.
(33) Subsection 177.504(c) (relating to revocation of approval) has been amended to permit the Department to revoke or suspend the approval of other service providers to provide service and parts to certified emission inspection stations. This was done to ensure that other service providers maintained the same level of service required of equipment manufacturers and providers.
(34) Section 177.602 has been revised in chart form and ''Types of Violation'' within each schedule have been numbered for clarity and for ease of use. Section 177.602(a) has been amended by dividing the subsection into paragraphs (1) and (2) which now reflect the schedule of penalties for the basic and enhanced programs. Subsection (b) has been amended by deleting the phrase ''If the owner, manager, supervisor or other management level employe was without knowledge of the violation.'' Subsection (c)(3) has been amended to delete the sentence ''A subsequent violation which occurs while a current suspension is being served will result in a suspension that will run consecutively with the current suspension.'' These changes were made to permit the Department to be more flexible in its management of the schedule of penalties.
Finally, § 177.602 has been further amended by deleting subsection (e), relating to issuance of a consent warning in lieu of a suspension. Subsection (d) permits the issuance of points, rather than a suspension, to an inspection station. The Department believes that the issuance of points provides more flexibility than the consent warning. This will also make these regulations consistent with Chapter 175.
(35) Section 177.603 (relating to the schedule of penalties for emission inspectors) has been revised in chart form and ''Types of Violation'' within each schedule have been numbered for clarity and for ease of use. The section has been divided into paragraphs (1) and (2) to reflect that the schedule of penalties now provides penalties for emission inspectors in both the basic and enhanced programs.
(36) Section 177.604 (relating to schedule of penalties for certified repair technicians) has been amended by moving the substance of the section to § 177.605 and adding the new § 177.604 to provide a schedule of penalties for certified repair technicians. Because the certified repair technician has the privilege of delivering waivers for vehicles, there is an opportunity for fraudulent or careless activity which could impact seriously on the credibility of the Commonwealth's enhanced emission inspection program. Therefore, a means of permitting the Department to suspend or remove the waiver delivery privileges of certified repair technicians was deemed necessary.
Section 177.605 has been amended to include the proposed § 177.604 and the proposed § 177.605 has been amended by renumbering as the new § 177.606 (relating to multiple violation).
(37) These regulations have been amended by the addition of a new § 177.673 (relating to restoration of certification of certified repair technicians after suspension). This section was added to provide a means of restoring certified repair technician privileges suspended under new § 177.604.
(38) These regulations have been amended by adding Appendix A, Acceleration Simulation Mode: Pennsylvania Procedures, Standards, Equipment Specifications, and Quality Control Requirements. The appendix contains equipment and test specifications and standards for Pennsylvania's enhanced emission inspection program.
(39) These regulations have been further amended by adding Appendix B, Department Procedures and Specifications, which contains procedures and standards for the enhanced emission inspection program, including evaporative system function tests and procedures for enhanced emission inspector certification. This appendix also provides emission inspection analyzer specifications for the test equipment used in the basic program.
(40) Chapter 178 which provided rules for a centralized, enhanced emission inspection program, is being deleted since the authority for the centralized regulations has been deleted under the 75 Pa. C.S. § 4706.
Purpose of Chapter 177
The purpose of this chapter is to implement an enhanced emission inspection program as required by the Clean Air Act (42 U.S.C.A. §§ 7401--7671q) and the regulations promulgated thereunder, 40 CFR Part 51 (relating to regulations for preparation, adoption, and submittal of implementation plans).
Purpose of these Amendments
The purpose of these regulations is to differentiate between the two emission inspections that the Commonwealth will have until 1999, a basic I/M program and an enhanced I/M program. The Commonwealth has operated the basic program since 1984. The enhanced I/M program was established to meet EPA requirements and is tailored to meet the unique air quality needs of this Commonwealth. In October of 1997, nine counties are required to participate in the enhanced I/M program, and the remaining 16 counties will participate in the enhanced I/M program in 1999. The enhanced emission inspection program is a vital portion of this Commonwealth's overall clean air strategy, and many of the reductions of volatile organic compounds and nitrogen oxides are associated with the implementation of an enhanced emission inspection program. These amendments are necessary for the Commonwealth to receive final approval from the EPA on its SIP which took credit for the reductions associated with the enhanced inspection and maintenance program.
Persons or Entities Affected
These amendments affect approximately 6.9 million vehicle owners in designated areas of this Commonwealth. These amendments also affect owners and operators of existing emission inspection and repair stations as well as safety inspection stations in I/M areas where emission tests are not performed under the present emission inspection program. Existing safety inspection station owners, operators and mechanics will be able to continue to perform vehicle safety inspections and repairs without being required to also perform emission inspections.
Fiscal Impact
These amendments will impose costs on State and local governments as a consequence of emission inspection and possible repair of their vehicles. Since the Department is not proposing to place a cap on the enhanced emission inspection fee, the initial cost of the fee is estimated to be higher than the current fixed charge of $8 in the Commonwealth's existing emission inspection program. However, because the test fee will be market-driven, just like the test fee in the safety inspection program, the Department believes that market forces will keep the test fees in an affordable range. In addition, there is a higher cost/waiver limit. The cost to the Commonwealth to implement an enhanced I/M program has been estimated for an expanded, decentralized I/M program. First year start-up costs are estimated at approximately $ 10 million and $8 million annually thereafter. All efforts associated with creating and maintaining an enhanced I/M program will be structured to achieve environmental benefits in a cost effective manner, ensuring consistency with National energy and economic policies, while preserving convenience and common sense to the affected vehicle owner. These amendments will not occasion any additional recording or paperwork requirements.
Failure to implement an enhanced I/M program by EPA's target date of November 15, 1997, will result in the imposition of sanctions mandated by the Clean Air Act. There are two sanctions. The first is the loss of Federal highway funds, except for certain specified highway projects. For the Comonwealth, this could mean the loss of up to $900 million per year in highway funding. The second sanction is the requirement for a two-for-one emissions offset for new sources of pollution in areas that fail to meet ambient air standards. That means that if a new factory generating 50 tons of pollutants per year was to be built in an affected area, sources that generate at least 100 tons of pollution would have to be closed. The EPA must impose one of the sanctions initially, upon a finding by the EPA that a state has failed to meet a requirement of the Clean Air Act. The second sanction must be imposed after 18 months if the State has not yet complied with the requirements during that time period. The imposition of either or both sanctions will seriously hinder economic development in this Commonwealth.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 4, 1996, the Department submitted a copy of the notice of proposed rulemaking, published at 26 Pa. B. 1221 (March 16, 1996), to IRRC and to the Chairpersons of the House and Senate and Committees on Transportation for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of comments received, as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House Committee and the Senate Committee on August 18, 1997. IRRC met on August 22, 1997, and approved these regulations in accordance with section 5(c) of the Regulatory Review Act.
Sunset Provisions
The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under Federal law and the 75 Pa.C.S. §§ 101--9701 (relating to Vehicle Code). The Department, however, will continue to monitor these regulations for their effectiveness.
Contact Person
The contact person for these amendments is Peter L. Gertz, Vehicle Inspection Division, 3rd Floor, Riverfront Office Center, Harrisburg, PA, 17104, (717) 787-2895.
Authority
The amendments are adopted under the authority contained in 75 Pa.C.S. §§ 4103, 4531, 4701, 4706, 4707 and 6103. These statutory provisions, respectively, direct the Department to promulgate and enforce regulations necessary to implement an enhanced vehicle emissions inspection and maintenance program.
Findings
The Department finds that:
(1) Public notice of intention to amend the administrative regulations adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendment of the regulations of the Department in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.
Order
The Department acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 67 Pa. Code chpters 177 and 178, are amended by amending 177.1--177.3 and 177.21--177.23; by adding §§ 177.24, 177.51--177.53, 177.101--177.106, 177.201--177.204, 177.231--177.233, 177.251--177.253, 177.271--177.274, 177.281, 177.282, 177.291, 177.301, 177.302, 177.304, 177.305, 177.401--177.408, 177.421--177.427, 177.431, 177.501--177.504, 177.521, 177.602--177.606, 177.651, 177.652, 177.671--177.673, 177.691 and Appendices A and B; by deleting §§ 177.2a, 177.4--177.9, 177.31--177.40, 177.44--177.48, 177.61, 177.62, 178.1, 178.2, 178.31--178.39, 178.51, 178.101--178.107, 178.201--178.206, 178.231--178.233, 178.251--178.253, 178.271--178.274, 178.291, 178.292, 178.301--178.305, 178.321, 178.331--178.336, 178.401--178.403, 178.421, 178.422, 178.501, 178.521--178.524, 178.551--178.555, 178.571, 178.601--178.607, 178.651, 178.652, 178.671, 178.672, 178.691 and Appendix A to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin with an effective compliance date of October 1, 1997.
BRADLEY L. MALLORY,
Secretary(Editor's note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 4596 (September 6, 1997).)
Fiscal Note: 18-336. No fiscal impact; (8) recommends adoption. The enhanced emission inspection program will be implemented by a contractor who will be paid directly by service providers. Administrative oversight and coordination with the contractor will be accomplished with existing staff and resources in the Department of Transportation. The Commonwealth may incur increased costs to inspect, and possibly repair, any Commonwealth-owned vehicles that are subject to the enhanced emission inspection. These costs are not expected to be significant and will be absorbed within existing appropriations.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 177. ENHANCED EMISSION INSPECTION PROGRAM Subch.
A. GENERAL PROVISIONS B. SUBJECT VEHICLES C. EMISSION TEST PROCEDURES AND EMISSION STANDARDS D. OFFICIAL EMISSION INSPECTION STATION REQUIREMENTS E. EQUIPMENT MANUFACTURERS' AND CONTRACTOR'S REQUIREMENTS AND OBLIGATIONS F. SCHEDULE OF PENALTIES AND HEARING PROCEDURE
Subchapter A. GENERAL PROVISIONS GENERAL
Sec.
177.1. Purpose. 177.2. Application of equipment rules. 177.2a. (Reserved). 177.3. Definitions. 177.4--177.9. (Reserved). IMPLEMENTATION OF ENHANCED EMISSION INSPECTION PROGRAM
177.21. Cessation of current vehicle emission inspection program. 177.22. Commencement date. 177.23. Notification of requirement for emission inspection. 177.24. Program evaluation. 177.31--177.49 (Reserved). I/M PROGRAM
177.51. Program requirements. 177.52. Emission inspection prerequisites. 177.53. Vehicle inspection process.
GENERAL § 177.1. Purpose.
This chapter implements elements of Part IV of the Vehicle Code, 75 Pa.C.S. §§ 4531, 4701, 4702, 4706, 4707 and 4721.
§ 177.2. Application of equipment rules.
Equipment rules apply to subject vehicles operated on a highway, unless specifically exempted by this chapter.
§ 177.2a. (Reserved).
§ 177.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ASM test--Acceleration Simulation Mode test--A one mode ''loaded'' mode emission test (ASM 5015), utilizing a dynamometer, which simulates driving a vehicle at a predetermined speed and driving condition.
Antique motor vehicle--A motor vehicle, which displays a current antique motor vehicle registration plate issued by the Department, and which is consistent with the definition of ''antique motor vehicle'' as provided in section 102 of the Vehicle Code (relating to definitions).
Approved exhaust emission analyzer--An instrument, developed for measuring the hydrocarbon, carbon monoxide, carbon dioxide or oxides of nitrogen emissions from the exhaust system of a vehicle, which meets required emission analyzer specifications and program requirements and has been approved by the Department under § 177.406(b) (relating to tools and equipment).
BAR97--The acronym used for the California Bureau of Automotive Repair's Exhaust Gas Analyzer system Specifications provided in 1996, for the testing and documentation of technical specifications required for the approval of analyzer and dynamometer use in California for the measurement of hydrocarbon and carbon monoxide emissions. These specifications, including performance criteria, design characteristics, instrument evaluation procedures and documentation, warranty requirements and logistics shall be met or surpassed for an exhaust gas analyzer and dynamometer to be considered equivalent to the BAR97 exhaust gas analyzer SYSTEM. Copies of the BAR97 specifications may be obtained from the Department of Consumer Affairs, Bureau of Automotive Repair, California Vehicle Inspection Program, 3116 Bradshaw Road, Sacramento, California 95827. A fee for this document may be required.
BAR80--The acronym used for the California Bureau of Automotive Repair's Exhaust Gas Analyzer Specifications: 1979 provided in 1980 for the testing and documentation of technical specifications required for the approval of analyzer use in California for the measurement of hydrocarbon and carbon monoxide emissions.
Basic Emission Inspection Program--A vehicle emission program defined by the EPA as a basic program, utilizing BAR 80 or BAR 84 exhaust analyzers to conduct a one speed idle test, and not meeting the requirements of an enhanced emission inspection. This is the initial emissions program which will continue in Lehigh and Northampton Counties until November 15, 1999.
Bureau--The Bureau of Motor Vehicles of the Department.
Business day--Each day in which an appointed emission inspection station is open for business, excluding Sundays and selected State holidays determined by the Department.
CO--carbon monoxide--A colorless, odorless gas formed by incomplete combustion of carbon, including gasoline. It is considered a mobile source pollutant.
CO2--carbon dioxide--A colorless, odorless incombustible gas formed during respiration and combustion.
Certificate of emission inspection--A serially numbered sticker that, when affixed to the windshield of a vehicle, indicates that the vehicle has passed an emission inspection consistent with this chapter. The certificate is also referred to in this chapter as a sticker.
Certificate of waiver--An official Department document indicating that the requirement of passing emission reinspection has been waived for a vehicle under § 177.291 (relating to certificates of emission inspection procedures).
Certified emission inspector--A person who holds a valid certification card issued by the Bureau which certifies that the person is qualified and has passed the requirements to perform emission inspections on subject vehicles in an appointed emission inspection station.
Certified repair technician--A person who has provided proof to the Department of completion of Department or Nationally recognized emission component repair training and has received a valid emissions repair technician certificate issued by the Department.
Classic motor vehicle--A motor vehicle, but not a reproduction thereof, which displays a current classic motor vehicle registration plate issued by the Department and meets the definition provided in section 102 of the Vehicle Code.
Collectible motor vehicle--A reconstructed motor vehicle, but not a reproduction thereof, substantially modified from the manufacturer's original specifications and appearance and maintained in a collectible condition as determined by the Department.
Commonwealth emission inspection station--An inspection station appointed by the Commonwealth to conduct enhanced emission inspections on subject vehicles owned by and engaged exclusively in the performance of the official duties of the Federal government, the Commonwealth or a political subdivision of this Commonwealth.
Consumer complaint emission inspection procedure--The method provided for consumers who wish to have the results of the emission inspection verified at an inspection facility or lane operated under contract to the Department where the verification is supervised by a Department designated official.
Decentralized inspection--A system for vehicle enhanced emission inspections using privately owned and operated, Department-certified facilities to provide for vehicle emission testing or allowing for repairs, or both.
Department--The Department of Transportation of the Commonwealth.
EPA--The United States Environmental Protection Agency.
Emission inspection--The testing of the exhaust emissions of a subject vehicle, while it is running, for CO, HC or NO, as required by Department procedures.
Emission inspection test report--A document automatically generated by the analyzer testing device once the testing cycle is completed. This document will be reviewed by a certified emission inspector before presentation to the owner or driver of the subject vehicle and will provide emission related inspection information, including the test standards and the actual test results for the subject vehicle.
Enhanced emission inspection program--A vehicle emission inspection program as defined by the EPA and which includes computerized emission analyzers, on-road testing and inspection of vehicle emission control devices through a decentralized inspection program.
Federal standard--A minimum standard of vehicle or vehicle equipment performance issued under the National Motor Vehicle Safety Act (49 U.S.C.A. § 30101) the Motor Vehicle Information, Standards and Requirements Act (49 U.S.C.A. § 32301) or the Clean Air Act (42 U.S.C.A. § 7401--7671g).
Field certified exhaust emission analyzer--An approved exhaust emission analyzer certified by the manufacturer or distributor as being properly calibrated at the emission inspection station according to the manufacturer's specifications and Department procedures and capable of properly recording, storing and transferring test data.
Fleet emission inspection station--An inspection station appointed by the Commonwealth to inspect a minimum of 15 subject vehicles, space permitting, leased or owned and registered in the name of the person in whose name the certificate of appointment is issued.
GVWR--Gross vehicle weight rating--The value specified by the manufacturer on the Federal weight certification label as the loaded weight of a single vehicle.
Gas cap test--A fuel filler gas cap test, as specified in § 177.204(2)(iii) (relating to emission standards), that determines whether or not the vehicle's gas cap is functioning as designed.
General emission inspection station--An inspection station appointed by the Department to conduct emission inspections on all subject vehicles, including fleet, government and private vehicles.
HC--Hydrocarbon--An organic compound containing carbon and hydrogen and often occurring in petroleum, natural gas, coal and bitumens.
Idle test--A vehicle emission inspection test procedure for sampling exhaust emissions which requires maintaining the vehicle's engine speed in the idle range of rpms. The vehicle engine speed is set with the operational range of rpms as prescribed in 40 CFR Part 51, Subpart S, Appendix B(I) (relating to test procedures), and the exhaust gas emissions are measured within the single idle speed range.
I/M--Inspection/Maintenance.
I/M area--The geographic area which the Department has identified as a basic or an enhanced emission I/M program designated area. These areas are certified by the Secretary and published in the Pennsylvania Bulletin. Copies of the designations are available upon request.
I/M indicator insert (for safety certificate of inspection)--An insert containing an indicator in the background to be affixed to the safety certificates of inspection to indicate a requirement for an emission I/M inspection.
I/M monthly insert (for a certificate of emission inspection)--An insert to be affixed to the certificate of emission inspection to show the expiration date of the current emission I/M inspection.
I/M registration indicator--An indicator on the registration card which identifies the vehicle as a subject vehicle which shall be emission inspected annually.
Implement of husbandry--A vehicle designed or adapted and determined by the Department to be used exclusively for agricultural operations and infrequently operated or moved upon highways.
Inspection area--The area in which emission inspections shall be conducted.
Light duty trucks--Trucks weighing less than 9,000 pounds GVWR.
Light duty vehicles--Passenger cars or multi-purpose vehicles weighing less than 6,000 pounds GVWR.
Limited fleet inspection periods--Inspection periods in which approved fleet owners/lessors are required to emission inspect their vehicles, as specified in the Application for Fleet Stations form provided by the Department.
NMHC--Nonmethane hydrocarbons--A mobile source or exhaust pollutant for which the EPA has set allowable standards.
NO--Oxides of nitrogen--A mobile source or exhaust pollutant for which the EPA has set allowable standards.
OBD--On board diagnostic--A device which monitors the performance of emission control equipment, the vehicle's fuel metering system and ignition system and other equipment and operating parameters for the purpose of detecting malfunction or deterioration in performance that would be expected to cause a vehicle to fail emissions standards. When these problems are detected, a malfunction indicator lamp located in the dashboard of the vehicle will be illuminated.
On-road testing device--An exhaust gas analyzer capable of measuring vehicle exhaust gas content outside of the emission inspection station environment, while the vehicle is in motion on the road or at a roadside stop.
PA97--The emission inspection analyzer designed to meet the requirements and specifications for idle testing of this Commonwealth's enhanced emission inspection program as defined in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standards, equipment specifications and quality control requirements).
PA97 with dynamometer--The emission inspection analyzer and dynamometer designed to meet the requirements and specifications for ASM testing of this Commonwealth's enhanced emission inspection program as defined in Appendix A.
Qualified Commonwealth employe--An individual, police officer or qualified Department employe, who has completed training in the inspection or weighing of vehicles as required by section 4704, 4981 or 8302 of the Vehicle Code (relating to inspection by police or Commonwealth personnel; weighing and measurement of vehicles; and powers and duties of department).
Quality assurance officer--A person designated by the Department to investigate, inspect and supervise the operations of emission inspection stations.
Qualifying repairs--Vehicle repairs necessary to correct the deficiencies which resulted in a vehicle's failure of the emission inspection test and which count toward the minimum dollar amount required before a waiver may be issued. For those repairs where repair or replacement of emission-related parts requires replacement of other non-emission related equipment constructed as one indivisible unit by the manufacturer, the total replacement costs or repair costs may be counted toward qualifying repairs.
Ppb--Part per billion.
Ppm--Part per million.
Rpm--Revolutions per minute.
Recognized repair facility--A business engaged in the diagnosis and repair of automotive engines and related systems, and one that has been issued or applied for a State sales tax identification number by the Commonwealth or another state jurisdiction.
Registration recall--A formal action of the Department to withdraw the vehicle registration of a vehicle owner or operator for failure to produce proof of correction or waiver of an on-road emission test failure.
Residency exemption--A document issued by the Department stating that a residency exemption application has been verified and approved, and that the vehicle listed is exempt from an emission inspection.
Residency exemption application--An application issued by the Department and used by a Commonwealth vehicle owner residing outside of a designated emission I/M program area to apply for an exemption from emission inspection when the owner has incorrectly received an I/M indicator on the registration card or registration renewal card.
Secretary--The Secretary of the Department.
Special mobile equipment--Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus; well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels and draglines; and self-propelled cranes and tractors, other than truck tractors. The term does not include: house trailers; dump trucks; truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached.
Street rod--A motor vehicle, or a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.
Subject emission control device--The vehicle emission control devices, including the catalytic convertor, the fuel tank inlet restrictor and the exhaust gas recirculation (EGR) valve which are required to be inspected as part of the emission inspection program.
Transient test--A vehicle emission inspection test in which the vehicle is tested for exhaust emissions under conditions simulating actual on-road driving conditions. Testing equipment includes a dynamometer that permits simulation of driving and exhaust gas analyzer equipment that analyzes the exhaust gas emissions under various driving conditions.
Two-speed test--A vehicle emission inspection test in which the exhaust emissions are measured at two ranges of engine revolutions per minute (rpm) as prescribed in 40 CFR Part 51, Subpart S, Appendix B(II) (relating to test procedures two speed idle test).
Unsafe condition--A defect, malfunction or condition which may expose an emission inspector to harm in the performance of an emission inspection of that vehicle.
Vehicle Code--75 Pa.C.S.
Vehicle Inspection Division--The division within the Bureau which administers vehicle equipment and inspection matters.
Vehicle equipment standard--A minimum standard for vehicle performance or vehicle equipment performance which meets the needs of vehicle safety, noise control or air quality control, and which is practicable and provides objective criteria.
VIID--Vehicle Inspection Information Database--The vehicle database established to collect inspection test data and to provide enhanced emission inspection test standards to enhanced emission inspection stations for the purpose of conducting the appropriate emission inspection.
VIN--Vehicle identification number--A combination of numbers or letters, or both, which the manufacturer assigns to a vehicle for identification purposes, or, if no VIN is present on the vehicle, which the Department may assign for identification purposes.
Vehicle year--The date of manufacture of a vehicle as specified by the VIN, or, if this number is not available or cannot be interpreted for the year, the annual production period of the vehicle as designated by the manufacturer.
§§ 177.4--177.9. (Reserved).
IMPLEMENTATION OF ENHANCED EMISSION INSPECTION PROGRAM § 177.21. Cessation of current vehicle emission inspection program.
(a) The basic vehicle emission inspection program conducted as of September 30, 1997, in Bucks, Chester, Delaware, Montgomery and Philadelphia Counties, and in Allegheny, Beaver, Washington and Westmoreland Counties which exists in Pennsylvania Code serial pps. 125257--125266, 140091--140094, 125271--125288, 153617-- 153620, 125291--125306, 182533 and 182554 will cease to be effective on a date designated by the Secretary by notice in the Pennsylvania Bulletin as provided in § 177.22 (relating to commencement date). Certificates of appointment issued to emission inspection stations in the program which exists in the Pennsylvania Code serial pages listed in this section will terminate on a date designated by the Secretary in the Pennsylvania Bulletin. Emission inspection stations in the emission inspection program which exists in the Pennsylvania Code serial pages listed in this section that elect not to be certified to conduct emission inspections under the enhanced emission inspection program shall submit emission inspection related material to Department personnel upon a final audit by the Department.
(b) The basic emission inspection program conducted as of September 30, 1997, in the applicable areas of Lehigh and Northampton Counties will continue as presently conducted and will cease on a date designated by the Secretary by notice in the Pennsylvania Bulletin or on November 15, 1999, whichever occurs first.
§ 177.22. Commencement date.
The enhanced I/M program, as described in this chapter, will commence in Bucks, Chester, Delaware, Montgomery, Philadelphia, Allegheny, Beaver, Washington and Westmoreland counties on a date designated by the Secretary by notice in the Pennsylvania Bulletin or by November 15, 1997, whichever occurs first. It will commence by November 15, 1999, in the remaining counties subject to the I/M program. The notice will provide affected motorists with at least 60 days notice. The Department may exercise discretion in the implementation of the enhanced I/M program with respect to phasing in the areas required to comply.
§ 177.23. Notification of requirement for emission inspection.
The Department will notify the owner or lessee of a subject vehicle that is required to have a basic or an enhanced emission inspection test.
§ 177.24. Program evaluation.
A program evaluation of the enhanced vehicle inspection and maintenance (I/M) program that meets EPA requirements will be performed with data submitted to EPA on a biennial basis.
§§ 177.31--177.49. (Reserved).
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