[26 Pa.B. 1221]
[Continued from previous Web Page] Accordingly, the Department reserved § 177.51(l), relating to program requirements, to address the visual inspection component of the enhanced I/M test. If the Department is successful in receiving the necessary statutory authority, § 177.51(l) subheading would be entitled emissions control device inspection,'' and would state as follows: ''A visual emission control device inspection shall be administered as specified in § 177.205 (relating to visual emission control device inspection).'' The Department also has reserved § 177.205 relating to the visual emission control device inspection. This reserved section would address the EPA requirement as follows:
§ 177.205. Emission control device inspections.(a) Visual inspection of the catalyst and fuel inlet restrictor on all 1984 and later model year vehicles.(b) Visual inspection of the positive crankcase ventilation valve on 1968 through 1971 model years, inclusive, and of the exhaust gas recirculation valve on 1972 through 1983 model year vehicles, inclusive.According to the EPA, tampering surveys have shown that these emission control devices have been tampered with or inadequately maintained. A visual check can identify such problems and emission reductions can occur on individual cars as a result of repairs to these devices.
Proposed § 177.101 (relating to subject vehicles) identifies all vehicles subject to emission inspection. Subject vehicles include all gasoline powered vehicles with a gross vehicle weight of 9,000 pounds or less, which are registered in or are required to be registered in an I/M area. This includes leased vehicles that are registered or titled in the name of someone other than the lessee or user. Other subject vehicles include vehicles owned or leased by civilian or military personnel and operated on Federal installations located within an I/M area, regardless of where the vehicles are registered. Vehicles exempted from this requirement are tactical military vehicles and vehicles operated by personnel visiting the base for less than 60 days per calendar year.
Each Federal installation is required to provide proof to the Department that all vehicles operated on the installation comply with this section. The Federal installation can determine compliance by accepting proof from each vehicle owner that the vehicle has passed an emission test at a Pennsylvania emission inspection site or through any other I/M program deemed acceptable by the Department.
The Department specifically seeks comment on whether certificates of compliance with a required emission program issued by another state should be accepted by the Commonwealth in lieu of requiring a another emission test in the affected area. Proposed § 177.106 (relating to inspection of vehicles registered in this Commonwealth but operated outside this Commonwealth) permits the owner or operator of a subject vehicle registered in this Commonwealth, but operated outside this Commonwealth or not present in this Commonwealth at the time of the expiration of the subject vehicle's emission inspection, to submit to the Department proof of inspection from another state. The Department will accept the inspection if that state's I/M program is comparable to the Commonwealth's I/M program. The Commonwealth currently does not accept any other state's certificate of compliance with a safety inspection program as equivalent to the safety inspection program conducted by the Commonwealth.
The Department specifically seeks comments on whether the Commonwealth should certify emission repair technicians as opposed to recognizing them. As proposed, § 177.107 (relating to repair technician training) provides that the Department will establish a voluntary repair technician training program. Persons successfully completing all phases of the training program and passing all testing requirements would qualify as ''recognized repair technicians.'' However, the Department's preference is to certify repair technicians, which would require specialized training to have been completed. Effective repairs are the key to achieving the goals of the enhanced emission program. The EPA encourages states to establish repair technician and repair certification programs. Emphasizing training requirements increases the probability that vehicles that need repairs will be repaired.
The EPA intends to work with any state that is interested in pursuing a technician training and certification program to assign a level of emission reduction credits that is appropriate to the type and level of effort involved and the potential for getting a given fraction of vehicles repaired by trained technicians. According to the EPA, any state that requires training and certification of all technicians and requires vehicles to be repaired by trained technicians, can claim full emissions reduction credit. In an effort to meet both the high and low enhanced performance standards, the Department needs to receive full emission reduction credit for its proposed technician training requirements. The Department specifically seeks comment on the following training related issues: whether a facility should have a minimum number of technicians trained and certified; the type of training program used; the incentives to technicians to use the training; the availability of proposed diagnostic equipment; whether the BAR 80 should be used as diagnostic equipment; the incentives for vehicles owners to patronize facilities employing trained and certified technicians, and whether training and certification is mandatory or voluntary. The Department does not intend to establish certification standards but intends to approve those persons that have completed a Nationally recognized emission repair course and/or examination.
Proposed §§ 177.201--177.205 (relating to general) describe the various emission test procedures and list the standards for each model year and weight class of subject vehicle. These are based on test procedures and standards established in 40 CFR Part 51.
The following are two types of emission tests established by these proposed amendments:
(1) An idle test for all model year subject vehicles in everywhere except the counties of Bucks Chester, Delaware, Montgomery and Philadelphia. This is because the Commonwealth can meet the low enhanced performance standard with idle testing.
(2) An ASM test for all model year subject vehicles. This test will be used only for the subject vehicles registered in the counties of Bucks, Chester, Delaware, Montgomery and Philadelphia. The Commonwealth cannot meet the required high enhanced performance standard in these counties with the BAR 90, so a more sophisticated test is required.
Proposed §§ 177.231--177.233 (relating to recall provisions) describe the requirement that subject vehicle owners shall comply with all emission related recall notices issued by vehicle manufacturers. This includes recall notices for modifications that the manufacturer must make and those that are voluntary. Mandated modifications are those that a vehicle owner must have done to keep the vehicle warranty in effect, while voluntary recall notices include suggested repairs or modifications that may not affect the vehicle warranty. The owners or lessees of subject vehicles that have received recall notices must show proof to the emission inspection station that they have completed all recall requirements before the emission inspection process can be accomplished. Lists of vehicles affected and the recall notices will be provided to the Department by the EPA or by the vehicle manufacturers.
Proposed §§ 177.251--177.253 (relating to the emission inspection test report) provide that the owner or driver of a vehicle that has received an emission inspection shall be given a computer-generated record of the test results by the emission inspection station, including the name and identification number of the emission inspector, the type of test performed, the test standards and test results. For vehicles that fail the test, it will include information on the possible causes of the failure and warranty coverage for the vehicle.
Proposed §§ 177.281 and 177.282 (relating to issuance of waiver) establish the procedure for the issuance of a certificate of waiver. A waiver may be issued to a vehicle that has failed the emission inspection if all qualifying repairs have been completed and the subject vehicle has failed the retest. All emission controls, as originally equipped, shall be installed, unless the devices are obsolete and cannot be obtained through original equipment or aftermarket manufacturers or used parts suppliers. Although the Clean Air Act provides that an expenditure of an amount of $450 or more for emission-related repairs is necessary to qualify for the waivers, the EPA implementing regulations allow for a phase-in of that waiver until January 1, 1998.
The Department proposes an initial waiver amount of $150 for the first 2 years of the enhanced I/M program. Thereafter, the waiver amount shall be at least $450 adjusted annually thereafter based on the Consumer Price Index as specified by the EPA. The Department anticipates starting the program in July or August, 1997, in Beaver, Allegheny, Washington, Westmoreland, Bucks, Montgomery, Philadelphia, Delaware and Chester Counties. The remaining 16 counties of Berks, Blair, Cambria, Centre, Cumberland, Dauphin, Erie, Lackawanna, Lancaster, Lebanon, Lehigh, Lycoming, Luzerne, Mercer, Northhampton and York, will have a program in 1999.
Expenses that may not be counted toward the waiver total include costs of repair, adjustment or replacement of emission control devices that have been tampered with or are missing or are not installed. In addition, costs that are recoverable under an emission warranty, insurance policy or prepaid maintenance agreement may not be included in the waiver total.
The EPA permits a time extension, not to exceed the period of the inspection frequency, to be granted to obtain needed repairs on a vehicle in the case of economic hardship when waiver requirements have not been met. After having received a time extension, a vehicle must fully pass the applicable test standards before becoming eligible for another time extension. The extension for a vehicle must be tracked and reported by the program. Because the enhanced I/M testing requirements are annual, the Department has not included a hardship exception in these proposed amendments. The Department has reserved § 177.283 to address the hardship exemption.
Proposed §§ 177.301--177.305 (relating to on-road testing) establish that the Department will conduct on-road tests of vehicles outside the normal emission inspection station procedure. This testing may include the use of remote sensing devices that measure the exhaust emissions of vehicles being driven past the test device and may also record images of those vehicles' license plates. It may also include tailpipe exhaust testing of a subject vehicle stopped for a roadside check. The Clean Air Act requires on-road testing to be part of the overall enhanced I/M program. As of this date, the EPA has not issued guidance on how states should employ remote sensing technology or address its current limitations and possibilities. The Department reserved § 177.303 to address the on-road testing component.
Proposed § 177.304 (relating to failure of on-road emission test) provides that the owner or operator of a vehicle that fails a roadside emission test has 30 days to have the vehicle pass an enhanced emission test, even if the vehicle bears a current certificate of emission inspection. If the Department does not receive notification of a passed test or a waiver, the Department, under § 177.305 (relating to failure to produce proof of correction of on-road emission test failure) will recall the registration of the vehicle.
Proposed § 177.401 (relating to appointment) delineates the certification requirements for official emission inspection stations. These include authorization by the Department as an official emission inspection station, the posting of a sign stating the fee for an emission inspection and the notification that no additional charge will be made for one reinspection within 30 days if the vehicle fails the initial inspection. Each station must also maintain a list of emission inspectors.
The Commonwealth intends to pursue additional statutory authority which would permit the Department to charge a fee to stations that wish to be appointed as an official emissions inspection station. Predicated on receiving the necessary statutory authority, the Department will charge $100 as part of the application process.
Section 177.408 (relating to certified emission inspectors) sets forth the requirements to be certified as an emission test inspector. The Department will certify all emission inspectors and all emission tests shall be conducted by certified emission inspectors.
Proposed § 177.408(f) limits the number of emission inspections that can be performed on a daily basis by the same certified emission inspector. The number of inspections may not exceed 4 per hour per inspector. It is the Department's opinion that there are a limited number of inspections that can be performed properly by a single emission inspector in a given length of time.
Proposed § 177.421(a)(4) (relating to obligations and responsibilities of station owners/agents), provides that the enhanced emission inspection station keep, for a period of 2 years, all emission inspection records at the station for examination by the inspection station investigator or other authorized persons. The emission inspection records shall include, but not be limited to, the records identified at § 177.421(a)(5)--(9), (11)--(13) (relating to general emission inspection station). The Department does not believe that keeping these records will be burdensome because the test equipment and procedures required will compile most of this information automatically.
Proposed § 177.426(d) (Reserved), will refer to a sticker fee, the Department intends to pursue additional statutory authority to permit a certificate of emission inspection or sticker fee to be charged by the participating stations for the enhanced emission inspection program to be self-supporting. Presently, there is no sticker fee for the emission inspection program, but there is a $2.00 sticker fee for the safety inspection program. The Department expects the enhanced emission program to cost between $8 and $10 million annually. Inspecting approximately 5.9 million vehicles and receiving $2.00 per vehicle would generate approximately $11,800,000 in revenue. Stations would be permitted to charge the fee back to its customers. If the Department is successful in obtaining statutory authority, then the rule regarding this fee will be incorporated in § 177.426(d).
Proposed § 177.431 (relating to quality assurance), establishes that the Department will conduct performance audits on the emission inspection facilities on a periodic basis. These will include both overt (announced) and covert (unannounced) audits. During the overt audits, Department quality assurance officers will check to see that proper inspection and recordkeeping procedures are followed. They will also evaluate the security practices concerning certificates of emission inspection and waiver. The EPA believes that a strong covert audit program is also necessary to insure the effectiveness of any emission inspection program. Thus, the Department will conduct covert audits of the emission inspection stations that may include visual observation of inspection station personnel. Department personnel may also make site visits using covert vehicles to determine whether the vehicles are inspected correctly. Other authorized Commonwealth agents, such as personnel from the Office of Attorney General or the State Police, may also conduct audits of operations and records.
Proposed § 177.501 (relating to equipment approval procedures) provides the obligations and responsibilities of station owners/agents chosen by the Department to participate in the decentralized emission inspection program. The station owner/agent is responsible for the actions of all personnel during the operation of the emission inspection program. This includes responsibility for all emission inspections performed, the issuance and security of all certificates of emission inspection and waivers, maintenance and calibration of all emission inspection equipment and violations of the emission inspection regulations by employes. This section also requires the station owner/operator to maintain good customer relations with motorists using the inspection facilities, and to be courteous and patient when explaining the requirements and procedures relating to emission inspection. The station owner/agent shall provide the Department with data on all emission tests performed. The Department will use this data to update necessary records and to monitor the enhanced I/M program. Periodic reports will also be prepared for the EPA using the test data.
Proposed § 177.503(b) (relating to performance commitment) requires that a bond, in an amount of $1,000,000 initially and an additional $400,000 for every 250 analyzers sold to Pennsylvania licensed emission inspection stations, be furnished by equipment manufacturers and approved service providers in an amount equal to the replacement value of the equipment used in the enhanced I/M program. The bond is to ensure proper performance by the equipment as well as to protect the emission station that purchases equipment or a service contract, or both.
Proposed §§ 177.602--177.605 (relating to the schedule of penalties and suspensions) establish a schedule of penalties to insure proper conduct of the enhanced I/M program by the emission inspection station and the emission inspectors. There are separate classes of penalties, graduated by severity of offenses, for emission inspection stations and emission inspectors. Monetary fines are provided for as required by 40 CFR Part 51, and permitted by section 4706(b.1)(v) of the Vehicle Code.
The Department believes that the more severe penalties should be accorded to those offenses in which fraud is committed or there is deliberate action on the part of the emission station or inspector to deviate from the requirements of the enhanced emission program.
Proposed §§ 177.651 and 177.652 (relating to the Departmental hearing procedure) provide a Departmental hearing procedure for a person charged with violation of the requirements of this chapter. The hearing will be conducted by Department personnel and will be similar to the hearing process used in the current safety and emissions inspection programs.
Proposed §§ 177.671 and 177.672 (relating to restoration after suspension) set forth the procedure to permit the restoration of emission inspection privileges to emission inspectors who have been suspended. The sections require that, for the more serious violations, the certification will not be restored unless the emission inspector obtains classroom instruction and passes a written test and a hands-on test. The proposed sections also requires that an emission inspection station will have to re-apply to have its privileges restored, complete with another application fee.
Section 177.691 (relating to Registration Recall Committee) provides the composition of the Registration Recall Committee and establishes the grounds upon which the Committee may make a determination to recall a vehicle registration. It also provides the appeal procedure to a recall of a vehicle registration.
Persons or Entities Affected
These proposed amendments will affect approximately 5.9 million vehicle owners in designated areas of this Commonwealth, which is an increase from the 3.2 million vehicle owners currently affected by the present emission inspection program. These proposed amendments will also affect owners and operators of the existing emission inspection and repair stations and the current emission inspectors as well as safety inspection stations in I/M areas where emission tests are not performed under the present emission inspection program. However, 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 proposed amendments will impose costs on State and local governments as a consequence of emission inspection and possible repair of their vehicles. EPA estimates the equipment required for IM240 enhanced testing will cost approximately $140,000 per inspection lane versus $15,000 for the BAR 90 and $40,000 for the ASM.
These proposed amendments will impose additional costs on vehicle owners. 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 $8.00 in this Commonwealth's existing emission inspection program. In addition, there is a higher cost/waiver limit. Upon failing the initial test, vehicle owners will be required to spend up to $150 to bring their vehicles into compliance. It is the EPA's opinion, however, that only a small percentage of these vehicles will be unrepairable within the waiver expenditure requirement and that the average cost for repairs will range between $38 and $120. The EPA also estimates that fuel cost savings that result from the repairs will offset a considerable portion of these costs. The purpose of the enhanced emission program is to clean up the air, and identifying those vehicles that excessively pollute and repairing them to acceptable levels is will benefit the Commonwealth. Not only will the Commonwealth avoid the loss of its Federal highway funds, but the formation of ground level ozone will be reduced. Ground level ozone can cause throat irritation, congestion, chest pain, nausea, labored breathing and respiratory problems. It is particularly harmful to older people and those individuals with chronic heart and lung conditions. The United States Congress Office of Technology Assessment estimates that the reduction of ozone to meet the clean air health standards will result in the elimination of many millions of incidents of respiratory symptoms annually.
On August 31, 1994, a final Federal rule was published in 59 FR 44936 which conditionally approved the November 3, 1993, Pennsylvania SIP submittal for a centralized, test-only enhanced I/M program. The first two conditions of the conditional approval were required to be fulfilled by December 31, 1994. The first two conditions for approvability were as follows: (1) by December 31, 1994, the Commonwealth was required to submit to the EPA as a SIP revision, the Pennsylvania Bulletin notice which certified the geographic areas which were subject to the enhanced I/M program, and certified the commencement date of the enhanced I/M program and (2) by December 31, 1994, the Commonwealth was required to submit to the EPA as a SIP amendment, the amendments to the Pennsylvania I/M regulation, 67 Pa. Code §§ 178.202--178.204 which require the EPA approval prior to implementation of any alternate purge test procedure and incorporated the test standards and procedures found in the EPA document entitled ''High-Tech I/M Test Procedures, Emission Standards, Quality Control Requirements, and Equipment Specifications,'' EPA-AA-EPSD- IM-93-1, April 1994.
The proposed Federal final rule stated that if the Commonwealth did not submit, by December 31, 1994, a SIP revision in response to the first two conditions of the approval action, the conditional approval would convert to a disapproval. The Commonwealth did not submit a SIP revision. The EPA notified the Commonwealth by an April 13, 1995, letter that the conditional approval of the Pennsylvania enhanced I/M SIP had been converted to a full disapproval in accordance with section 110(k)(4) of the Clean Air Act. This action taken on April 13, 1995, started both the 18 and subsequent 6 month sanctions time periods or clocks and the 24-month Federal Implementation Plan clock. The Commonwealth must submit and the EPA must take rulemaking action to approve an enhanced I/M SIP by October 13, 1996, and April 13, 1997, respectively, in order to halt these sanctions and Federal Implementation Plan clocks.
However, under section 348 of the National Highway System Designation Act of 1995, the EPA can no longer disapprove an I/M State Implementation Plan based on the 1992 Rule providing for a default discount for test-and-repair I/M programs nor can the default discount be applied to any plan. Second, the EPA is required to approve, on an interim basis, SIPs that claim emission reduction credits that reflect ''good faith estimates.'' The National Highway System Designation Act of 1995 has stringent timing requirements: the Commonwealth has until March 27, 1996, to submit to the EPA a revision to the SIP describing its enhanced decentralized test-and-repair program. If this plan is not submitted on time, the Commonwealth loses the opportunity to avoid the automatic default discount, which would make it more difficult for the Commonwealth to submit an approval SIP revision in time to avoid sanctions.
There are two sanctions. The first is the loss of Federal highway funds, except for certain specified highway projects. For Pennsylvania, 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 the health-based air quality standards. This means that if a new factory generating 50 tons of pollutants per year was to be built in an affected area, a source or sources that generate at least 100 tons of pollution would have to be closed. The sanctions are mandatory. 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 6 months if the state has still not complied with the requirements during that time period. The imposition of either or both of these sanction will seriously hinder economic development in the Commonwealth and could impede any economic recovery.
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 associated with a decentralized program are estimated at $10 million and $8 million annually thereafter. The Commonwealth intends to recover these costs through revenues generated by sticker sales.
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.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), the Department submitted a copy of these proposed amendments on March 4, 1996, to Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. In addition to submitting these proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Sunset Date
The Department is not establishing a sunset date for these proposed amendments since the amendments are needed to administer provisions required under the Vehicle Code. These proposed amendments will be continuously monitored for effectiveness by the Department.
Interested persons are invited to submit written comments, suggestions or objections regarding these proposed amendments to the Director, Bureau of Motor Vehicles, Room 104, Transportation and Safety Building, Harrisburg, PA 17120.
Contact Person
The contact person for these proposed amendments is Peter L. Gertz, Vehicle Control Division, Room G-134, Transportation and Safety Building, Harrisburg, PA 17120, (717) 787-2895.
BRADLEY L. MALLORY,
Secretary of TransportationFiscal Note: 18-336. (1) Motor License Fund--Transportation; (2) Implementing year 1997-98 is $10,000,000; (3) 1st Succeeding Year 1998-99 is $8,000,000; 2nd Succeeding Year 1999-00 is $8,000,000; 3rd Succeeding Year 2000-01 is $8,000,000; 4th Succeeding Year 2001-02 is $8,000,000; 5th Succeeding Year 2002-03 is $8,000,000; (4) FY 1995-96 $New Program; FY 1994-95 $New Program; FY 1993-94 $New program; (8) recommends adoption.
The costs of implementing this regulation may be offset if legislation to authorize the sale of emission certificates or ''stickers'' and to authorize the imposition of a fee for certification of emission inspection stations or emission inspectors, or both, is passed.
Annex A
TITLE 67. TRANSPORTATION 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. 177.3. Definitions. 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. ENHANCED 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.
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