RULES AND REGULATIONS

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 177]

Emissions Inspection Program

[36 Pa.B. 3817]
[Saturday, July 22, 2006]

   The Department of Transportation (Department), Bureau of Motor Vehicles (Bureau), by this order adopts amendments to 67 Pa. Code Chapter 177 (relating to enhanced emission inspection program). These amendments also modify the emissions inspection station required signage to include the posting of the fee for exemptions and emissions inspection fees for vehicle owners 65 years old or older. A sample sign to be used by the inspection stations is also provided.

   The I/M program, implemented under 75 P. S. §§ 4103, 4531, 4701, 4706, 4707, 4710, 6103 and 9104, is required by the Federal Clean Air Act (Clean Air Act), as amended by Pub. L. No. 101-52, 104 Stat. 2399-2712 (42 U.S.C. §§ 7401--26718) and Pub. L. No. 104-59, 109 Stat. 568 (1995) (known as the National Highway System Designation Act of 1995 (NHS Act). Implementation of emission testing using vehicle OBD systems is required by the Clean Air Act and recent amendments to the Federal Vehicle Inspection/Maintenance Program Requirements, 40 CFR Parts 51 and Control of Air Pollution from Mobile Sources, Part 85.

   Proposed rulemaking is omitted under 75 Pa.C.S. § 4706 (relating to prohibition on expenditures for emission inspection program), which exempts these regulations from the proposed rulemaking provisions of section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law and the Regulatory Review Act (71 P. S. §§ 745.1--745.15), and 75 Pa.C.S. § 4710 (relating to Vehicle Emission System Inspection Program Advisory Committee), which provides for initial submission of final regulations relating to the vehicle emission inspection/maintenance program to the Office of Attorney General for review as to form and legality and thereafter to the Independent Regulatory Review Commission (IRRC) and the designated Committees of the Pennsylvania House of Representatives and the Senate, in accordance with the Regulatory Review Act.

Purpose of this Chapter

   The purpose of this chapter is to implement an emission I/M program as required by the Clean Air Act (42 U.S.C.A. §§ 7401--7671q) and the regulations promulgated thereunder, 40 CFR Parts 51 and 85(relating to regulations for preparation, adoption and submittal of implementation plans; and control of air pollution from mobile sources).

Purpose of these Amendments

   The purpose of these amendments is to modify the emissions inspection station required signage to include the posting for exemptions and emissions inspection fees for vehicle owners 65 years old or older. A sample sign to be used by the inspection stations is also provided for inclusion in the appendices to the chapter.

Persons and Entities Affected

   The amendment will affect individuals in the business of vehicle inspection and vehicle repair in the affected counties.

Fiscal Impact

   These amendments to the I/M regulations will provide motorists with a clearer notice of emissions inspection test, exemption and waiver fees. By requiring inspection stations to post inspection fees, including reduced fees for senior citizens, senior citizens will be able to choose an inspection station providing lower inspection fees and therefore save money. The amendments will have no fiscal impact on the Department or the Commonwealth.

Regulatory Review

   Under 75 Pa.C.S. § 4710(e), the Department submitted a copy of this rulemaking to the Office of Attorney General on April 26, 2006. The rulemaking was approved as to form and legality by the Office of Attorney General on May 12, 2006. The Department submitted a copy of this final-omitted rulemaking on May 23, 2006, to IRRC and to the Chairpersons of the House and Senate Transportation Committees for review consistent with section 5 of the Regulatory Review Act (71 P. S. § 745.5). In accordance with section 5(c) of the Regulatory Review Act, this amendment was deemed approved by the Committees on July 5, 2006 and was approved by IRRC on July 6, 2006.

   In addition to the final rulemaking, the Committees were provided with a copy of a detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.

Sunset Provisions

   The Department is not establishing a sunset date for this regulation since the regulation is necessary to comply with requirements of Federal laws relating to control of vehicle emissions.

Contact Person

   The contact person for this regulation is Peter Gertz, Vehicle Inspection Division, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, or to pgertz@state.pa.us.

Authority

   These amendments are adopted under the authority contained in 75 P. S. §§ 4103, 4531, 4701, 4706, 4707, 4710, 6103 and 9104.

Order

   The Department, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 67 Pa. Code Chapter 177, are amended by amending § 177.404 and Appendix A to read as set forth in Annex A.

   (b)  The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (c)  This order shall take effect upon publication in the Pennsylvania Bulletin.

ALLEN D. BIEHLER, P.E.   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission relating to this document, see 36 Pa.B.         (July 22, 2006).)

   Fiscal Note:  18-406 (final ommited). No fiscal impact; (8) recommends adoption.

Annex A

TITLE 67. TRANSPORTATION

PART I. DEPARTMENT OF TRANSPORTATION

Subpart A. VEHICLE CODE CHARACTERISTICS

ARTICLE VII. VEHICLE CHARACTERISTICS

CHAPTER 177. EMISSION INSPECTION PROGRAM

Subchapter A. General Provisions

§ 177.404.  Required certificates and station signs.

   After appointment the owner of an emission inspection station shall prominently display the following:

   (1)  A certificate of appointment for each type of emission inspection approved for the location.

   (2)  A sign clearly stating the Program Management Fee (PMF), the fees for exemptions (including labor) and for an inspection, that the inspection fee is the same whether the vehicle passes or fails, that the fee for inspection includes the cost of labor for the inspection, but not the cost of parts, repairs and adjustments, and that no additional charge shall be made by the inspecting station for one necessary reinspection within 30 days of the original inspection.

   (i)  The sign must list the fees in the order provided in the sample found in Appendix A as Exhibit B (relating to sample emissions test and exemption fees) and consist of letters and numbers at least 1 inch in height.

   (ii)  The sign must also indicate whether the emissions inspection station is able to deliver waivers and provide the telephone number of the Customer Hotline.

   (iii)  If lesser fees are charged to vehicle owner who is 65 years old or older, there shall be a corresponding posting of those fees as illustrated in Appendix A, Exhibit B.

   (iv)  Fleet and Commonwealth stations are exempt from this paragraph.

   (3)  The current list of certified emission inspectors.

   (4)  An approved official emission inspection sign outside of the garage that is clearly visible to the public. This sign must have a keystone design which is at least 24 inches high and 21 inches wide. The background must be navy blue with gold lettering. The station number plate must be at least 3 inches high and at least 13 inches wide. The background must be green with white station numbers. If a keystone designated sign is already present, the station number shall be placed below present plates. If hung from a bracket, the sign must be double faced. Fleet and Commonwealth emission inspection stations are exempt from this paragraph.

Appendix A

Exhibit B
SAMPLE

Emissions Test and Exemption Fees

All test fees include the cost of labor for the inspection, but not the cost of parts, repairs and adjustments. No additional charge shall be made for one re-inspection, if necessary, within 30 days of the original inspection at this station.
All prices include a Program Management Fee (PMF) of $ ____
EMISSIONS INSPECTION PASS OR FAIL	EMISSIONS INSPECTION FEES FOR VEHICLE OWNERS 65 YEARS OLD OR OLDER PASS OR FAIL
Tailpipe Test _____	Tailpipe Test _____
Tailpipe with Dynamometer _____	Tailpipe with Dynamometer _____
On-Board-Diagnostic (OBD) Test _____	On-Board-Diagnostic (OBD) Test _____
Visual Inspection _____	Visual Inspection _____
New Car Exemption _____	New Car Exemption _____
5,000 Mile Exemption _____	5,000 Mile Exemption _____
This station has personnel authorized to deliver waivers.
Customer Hotline Telephone Number--1-800-265-0921

[Pa.B. Doc. No. 06-1272. Filed for public inspection July 21, 2006, 9:00 a.m.]

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