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PA Bulletin, Doc. No. 07-40

RULES AND REGULATIONS

Title 25--ENVIRONMENTAL PROTECTION

ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CH. 126]

Pennsylvania Clean Vehicles Program

Corrective Amendment to 25 Pa. Code § 126.451

[37 Pa.B. 209]
[Saturday, January 13, 2007]

   The Department of Environmental Protection (Department) has discovered a discrepancy between the agency text of 25 Pa. Code § 126.451 (relating to responsibilities of the Department) as deposited with the Legislative Reference Bureau (Bureau) and the official text published at 36 Pa.B. 7424, 7445 (December 9, 2006) and the text which will be published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 387 (February 2007)). The text of the section contained inadvertent errors.

   Therefore, under 45 Pa.C.S. § 901: The Department has deposited with the Bureau a corrective amendment to 25 Pa. Code § 126.451. The corrective amendment to 25 Pa. Code § 126.451 is effective as of December 9, 2006, the date the defective official text was printed in the Pennsylvania Bulletin.

   The correct version of 25 Pa. Code § 126.451 appears in Annex A.

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

PART I.  DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart C.  PROTECTION OF NATURAL RESOURCES

ARTICLE III.  AIR RESOURCES

CHAPTER 126.  MOTOR VEHICLE AND FUELS PROGRAM

Subchapter D.  PENNSYLVANIA CLEAN VEHICLES PROGRAM

DEPARTMENT RESPONSIBILITIES

§ 126.451.  Responsibilities of the Department.

   The Department will do the following:

   (1)  Monitor and advise the EQB of any proposed or final-form rulemakings under consideration by CARB or its successor that amend the Title 13 CCR, Division 3, Chapter 1 and 2 requirements, incorporated by reference in this subchapter.

   (2)  The Department will:

   (i)  Prepare a Regulatory Analysis Form to be submitted to the EQB and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for each proposed or final CARB rulemaking amending the Title 13 CCR, Division 3, Chapter 1 and 2 requirements incorporated by reference in this subchapter. The Department will complete the relevant provisions of the Regulatory Analysis Form as practical, including a cost/benefit analysis of the proposed or final CARB rulemaking.

   (ii)  Evaluate the estimated incremental cost to manufacture vehicles that comply with the California Low Emission Vehicle Program compared to the cost to manufacture vehicles that comply with the Federal Tier II vehicle emissions regulation, or its successor, promulgated under section 177 of the Clean Air Act (42 U.S.C.A. § 7507) to the extent data is available. This evaluation will be conducted on any proposed or final-form rulemakings under consideration by CARB or its successor amending the Title 13 CCR, Division 3, Chapter 1 and 2 requirements incorporated by reference in this subchapter and will be distributed to the EQB and the Chairpersons of the House and Senate Environmental Resources and Energy Committees.

   (iii)  Submit comments on proposed or final-form rulemakings amending the Title 13 CCR, Division 3, Chapter 1 and 2 requirements incorporated by reference in this subchapter to CARB on behalf of the residents of this Commonwealth.

   (3)  The Department, in conjunction with the Department of Transportation, will study and evaluate the feasibility of modifying the Pennsylvania vehicle emission inspection program. In performing the study and evaluation, the Department, in conjunction with the Department of Transportation, will consider the additional reductions in NOx, VOCs and other pollutants to be achieved through implementation of the Title 13 CCR, Division 3, Chapter 1 and 2 requirements. The Department will submit the findings and recommendations to the EQB no later than September 10, 2007.

   (4)  As soon as possible, but no later than June 11, 2007, the Department will notify the EQB of the specific reductions in NOx, VOCs, carbon monoxide and any other reductions approved by the EPA as a result of the incorporation of the Pennsylvania Clean Vehicles Program in the Commonwealth's SIP. The report must include a comparison of the incremental benefit reductions derived using EPA-approved methodology versus reductions which would have been achieved under the Federal Tier II vehicle emission standards.

[Pa.B. Doc. No. 07-40. Filed for public inspection January 12, 2007, 9:00 a.m.]


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