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PA Bulletin, Doc. No. 21-1847

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Suspension of Enforcement of the Pennsylvania Heavy-Duty Diesel Emissions Control Program

[51 Pa.B. 7000]
[Saturday, November 6, 2021]

 The Department of Environmental Protection (Department) announces that beginning November 8, 2021, the Department will suspend enforcement of 25 Pa. Code Chapter 126, Subchapter E (relating to Pennsylvania heavy-duty diesel emissions control program). The Pennsylvania Heavy-Duty Diesel Emissions Control Program (Program) applies to the manufacturers of new diesel-powered vehicles with a gross vehicle weight rating (GVWR) of greater than 14,000 pounds or new heavy-duty diesel (HDD) engines that are used in vehicles with a GVWR of greater than 14,000 pounds that are sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired or received in this Commonwealth. The Program requires that subject vehicles and engines be issued a California Air Resources Board (CARB) Executive Order certifying compliance with CARB emission standards. This suspension of enforcement will allow vehicles and engines subject to the Program that have not been issued a CARB Executive Order and which meet the Federal HDD emission standards to be sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired or received in this Commonwealth beginning with model year (MY) 2022. With this suspension notice, the Federal standards for heavy-duty diesel vehicles and engines will apply in this Commonwealth.

 In 2002, the Department's Program implemented the then current CARB emission standards for all HDD engines and vehicles that have a gross vehicle weight rating of 14,000 pounds in response to an emissions cheating scandal in the late 1990s, when engine manufacturers installed emission control system defeat devices. See 32 Pa.B. 2327 (May 11, 2002). The Program became effective May 11, 2002, and provided the necessary 2 year lead time to manufacturers as required under section 177(2) of the Clean Air Act (42 U.S.C.A. § 7507(2)). The Program's emission standards first applied to MY 2005 HDD vehicles and engines.

 The Department will re-evaluate this suspension of enforcement no later than July 31, 2023, to determine if the Program is needed to assist the Commonwealth in attainment and maintenance of the National Ambient Air Quality Standards in areas of this Commonwealth and the Ozone Transport Region. This suspension of enforcement does not create a need for the Department to extend to manufacturers 2 years of lead time to meet the CARB emission standards implemented by the Program if this suspension of enforcement is revoked by the Department. If the Department revokes this suspension of enforcement for the Program on or before July 31, 2023, manufacturers will be required to meet the Program's requirements beginning with MY 2025 vehicles and engines.

 The Department's exercise of enforcement discretion does not protect a manufacturer, distributor, seller, renter, importer, leaser or owner of a retail outlet from the possibility of legal challenge by third persons under 25 Pa. Code Chapter 126, Subchapter E.

 For more information or questions concerning the requirements of the Program, contact Mark Hammond, Director for the Bureau of Air Quality, at mahammond@pa.gov or (717) 787-9702.

PATRICK McDONNELL, 
Secretary

[Pa.B. Doc. No. 21-1847. Filed for public inspection November 5, 2021, 9:00 a.m.]


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