RULES AND REGULATIONS
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CHS. 177 AND 178]
Enhanced Emission Inspection Program
[27 Pa.B. 5010] The Department of Transportation (Department), Bureau of Motor Vehicles (Bureau), by this order adopts amendments by deleting the substance of the existing Chapter 177 and by reestablishing the chapter to enable the Commonwealth to create and maintain an annual, decentralized vehicle emission inspection and maintenance (I/M) program which meets Federal requirements, and by deleting the centralized vehicle emission inspection program appearing in Chapter 178 (relating to enhanced emission inspection) to read as set forth in Annex A. Notice of proposed rulemaking was published at 26 Pa.B. 1221 (March 16, 1996), with an invitation to submit written comments.
Comments Received
The Department received comments from the Independent Regulatory Review Commission (IRRC), the Environmental Protection Agency (EPA), the Pennsylvania Automotive Association (PAA) and the I/M Working Group, an informal group convened by the Department. The following is a summary of the comments received and the Department's response:
(1) IRRC was concerned that many aspects essential for ultimate compliance with the Federal 1990 Clean Air Act (Clean Air Act), as amended by Pub. L. No. 101-54, 104 Stat. 2399--2712 (42 U.S.C.A. §§ 7401--26718), were outside the control of the Department. Of particular concern to IRRC was that the amendments are dependent upon a sufficient number of emission inspection stations participating to handle all subject vehicles at a reasonable, market driven price. IRRC was concerned that the amendments do not clearly explain how many manufacturers the Department anticipates will be available to supply the required equipment, the anticipated affordability of equipment for inspection station owners, or how many emission inspection stations the Department anticipates will be needed in each affected area for market forces to keep prices low. IRRC recommended that the Department explain how these amendments will be reasonably implemented, in accordance with section 5(e)(3)(iv) of the Regulatory Review Act (71 P. S. § 745.5(e)(3)(iv)).
There are five potential suppliers of emissions testing equipment known to the Department. During the pendency of these amendments as proposed, the Department convened several meetings with these manufacturers to advise them of the Commonwealth's program parameters. The Department worked with them on developing equipment which would be both readily available and affordable. The Department advised the manufacturers of both the geographic coverage of the program, the anticipated number of subject vehicles required to be tested on an annual basis and the number of stations currently participating in the Commonwealth's current basic I/M program. The equipment suppliers are fully aware of the enhanced I/M start-up needs. The Department has no reason to believe that the equipment suppliers will not cooperate in seeing that the enhanced I/M program is able to commence timely. Moreover, the Department believes that many service stations, independent garages, dealerships and other interested entities, will elect to participate in the program because it is market-driven, that is, there is a need for the services to be provided, and the appropriate test fee will be determined by market forces and competition, just as it is in the safety inspection program.
The Department also has been meeting informally with an I/M Working Group, made up of representatives from the Service Station Dealers, the Automotive Repair Association, the Automotive Service Association of Pennsylvania, the Automobile Association of America (AAA), the Department of Environmental Protection (DEP) and the EPA. The I/M Working Group shares the concern of IRRC about affordability of the testing equipment and has looked past just simply affording the equipment at the outset but also whether the independent test and repair station can afford to stay in the program, given the costs of service commitments and the like.
The Department shares these concerns. Accordingly, the Department has amended these final-form regulations to set forth criteria which equipment manufacturers will have to meet for the Department to approve or certify their equipment for sale in this Commonwealth.
The criteria are in § 177.501 (relating to equipment approval procedures). The criteria are as follows:
(1) Equipment manufacturers or providers, or both, or leasing companies shall offer, as an option, extended lease arrangements of up to 10 years.
(2) Equipment manufacturers or providers, or both, must offer a fee per test financing option.
(3) Equipment manufacturers or providers, or both, shall provide for installation at the request of an individual emission inspection station purchasing equipment.
(4) The equipment manufacturers or providers, or both, shall use equipment which is certified to meet California BAR Standards and is modified to meet the requirements of this chapter. Equipment for final approval must perform Commonwealth test procedures and protocols.
(5) Equipment manufacturers or providers, or both, must clearly identify features that it may list as an option and are essential for program compliance.
(6) Equipment manufacturers or providers, or both, must receive prior approval from the Department for any costs associated with software updates.
The Department expects that these criteria for equipment certification will encourage equipment manufacturers to participate in the enhanced I/M program while at the same time reassuring independent emission inspection stations that the equipment provider is responsible and responsive to their needs.
(2) The I/M Working Group commented that many of the existing emission testing stations will continue to participate in the new enhanced emissions testing program because of the coordination with the safety inspection program and the removal of the cap on test fees. The safety inspection program, another inspection program managed by the Department, operates successfully with a market-driven fee. The Department expects market competition to keep the emissions test fee low.
However, the I/M Working Group noted that requiring the emissions test to have been performed, passed or waived, or both, before a safety sticker can be placed on the vehicle could effectively put smaller safety inspection stations that choose not to participate in the enhanced emissions inspection program out of business. The I/M Working Group requested that the Department investigate other coordination methods to maximize the continued existence of safety inspection stations. The Department agreed to find a way to permit safety inspection stations that choose to not participate in the enhanced I/M program to still be able to perform safety inspections. The goal of the Department was to maximize participation in the enhanced I/M program, not put other stations out of business, and, at the same time, not compromise the integrity of the enhanced I/M program.
Accordingly, the Department amended proposed § 177.51(c) (relating to program requirements) to state that a safety inspection certificate may not be affixed to a vehicle subject to an enhanced inspection until the subject vehicle has passed an emission inspection or received a waiver. Further, the Department has amended Chapter 175 (relating to vehicle equipment and inspection) to accommodate nonparticipating safety inspection stations to permit them to perform safety inspections before the emission inspection. See 27 Pa.B. 5003 (September 27, 1997).
(3) IRRC expressed concern over how the Department is going to fund the initial implementation of the enhanced I/M program, and opined that it could not ascertain from the proposed rulemaking whether there is adequate funding for training, enforcement or for pursuing a contract for program evaluation. IRRC agreed that the Department should pursue a sticker fee to substantially cover the costs of the I/M program. IRRC recommended that the final-form regulations submittal should clearly explain the method of funding that the Department will utilize to ensure adequate funding for training, enforcement and for pursuing a contract for program evaluation.
The Department no longer intends to pursue enabling legislation to charge vehicle owners a sticker fee. Instead, the Department encumbered sufficient moneys to fund a contract to be awarded to an enhanced I/M program manager as well as other miscellaneous costs associated with implementing the enhanced I/M program. The availability of the enhanced I/M program manager request for proposal (RFP) was published at 26 Pa.B. 6245 (December 28, 1996). Responses to the RFP were received March 31, 1997; a successful proposer was selected for contract negotiations; and a contract was executed with MCI Technologies, Inc., on July 9, 1997.
The tasks required of the enhanced I/M program manager include, inter alia, training, enforcement and program evaluation. The Comptroller's office would not permit the Department to execute the contract until funds were encumbered for the first year of the program.
(4) The EPA commented that the proposed I/M rulemaking did not contain mandatory technician training and certification (TTC) for all 25 affected counties, even though the modeling submitted in support of the March 27, 1996, State Implementation Plan (SIP) submittal did contain TTC. The EPA therefore requested that the Commonwealth either modify its modeling submission or ensure that the final enhanced I/M regulations were consistent with the modeling.
The I/M Working Group also commented on certifying repair technicians. Effective repairs are the key to achieving the goals of the enhanced I/M program. Emphasizing training requirements increases the probability that vehicles that need repairs will in fact be repaired. The I/M Working Group strongly recommended that repair technicians be certified by the Department, recognizing that the certification would serve to enhance the professionalism of the automotive repair industry. The Department agrees. Only certified repair technicians will be authorized to deliver waivers for vehicles which do not or cannot pass the required emissions test.
The Department agrees that the TTC should be a mandatory element of the program. Section 177.106 (relating to repair technician training and certification) has been amended by adding certification requirements and standards. These include completion of a certified repair technician training course, approved by the Department. Certified repair technicians must pass a required written test administered by the Department or its agent.
(5) IRRC also commended the Department for seeking statutory authority to conduct the EPA required visual inspections. At the time of publishing the proposed amendments, the Department had been concerned that the act of February 10, 1994 (P. L. 10, No. 2) (Appendix, Title 75, Vehicles, Supplementary Provisions of Amendatory Statutes), which deleted a reference to antitampering checks, by implication meant that the Department no longer had the specific authority to conduct visual inspections. There may be some technical differences between an antitampering check and a visual inspection, but both essentially function in the same manner. The Department had expected that it might be necessary, to avoid any confusion, to seek additional statutory authority to require visual inspections. However, the Vehicle Code, at 75 Pa.C.S. § 4706(b.2) (relating to prohibition on expenditures for emission inspection program), permits the Department to adopt, as part of the emission program, a provision so long as it is not more stringent or restrictive than that required by the Clean Air Act. Since the EPA regulations require that a visual inspection be part of the enhanced emission inspection, the Department believes that it has the requisite statutory authority to conduct visual inspections as part of the enhanced I/M inspection. Thus, § 177.51(l) has been amended to add the visual inspection component of the enhanced I/M test. Section § 177.204(d) (relating to emission standards) has been amended to include a visual inspection. This language had been published with the proposed amendments. The Department received no objections to this language.
(6) IRRC had several comments concerning the definitions. IRRC commented that in the definition of ''general emission inspection station'' it should be made clear that appointments as an emission inspection station are made by the Department. The Department agrees to clarify that the appointment of general, Commonwealth or fleet emission inspection stations are made by the Department.
IRRC also commented that the term ''general'' is extraneous to an emission inspection station. However, the Department respectfully disagrees with this recommendation. The term ''general emission inspection station'' is used to distinguish it from an emission inspection station that has been licensed as either a ''Commonwealth emission inspection station'' or a ''fleet emission inspection station.'' A Commonwealth emission inspection station, by definition, can perform emission inspections only on vehicles owned by and engaged exclusively in the official duties of the Federal government, the Commonwealth or a political subdivision of the Commonwealth. A fleet emission inspection station is a station appointed to inspect a minimum of 15 vehicles leased or owned and registered in the name of the person in whose name the certificate of appointment is issued. Thus, neither Commonwealth nor fleet emission inspection stations can perform emission inspections on private vehicles. In contrast, a general emission inspection station is a station appointed to conduct emission inspections on all subject vehicles, including fleet, government and private vehicles. These definitions are also used in Chapter 175. To preserve continuity between this chapter and Chapter 175, the Department is using these terms and definitions. The Department has found, in its imposing sanctions on safety inspection stations, that the courts find the distinction of these terms to be helpful in its review of these matters before them.
IRRC also recommended including a definition of the term ''HC--Hydrocarbon'' and to clarify the definition of ''implement of husbandry'' to ensure that it is consistent with the definition contained in 75 Pa.C.S. § 102 (relating to definitions). The Department agrees to make these changes in this final-form regulations.
IRRC also recommended that the definition of ''registration recall'' be amended to delete the phrase ''for an indefinite period'' because it is vague and extraneous. The Department agrees that this phrase is unnecessary and has agreed to delete it.
IRRC also recommended ensuring that the definitions of ''special mobile equipment'' and ''VIN--vehicle identification number'' be consistent with the definitions already contained in the Vehicle Code. Inasmuch as the definitions were intended to be the same as those contained in the Vehicle Code, the Department has agreed to make these changes.
(7) IRRC commented, with respect to § 177.52(2) and (3) (relating to emission inspection prerequisites), that it would not be administratively feasible for the Department to require emission stations to collect the late fee. IRRC observed that the current safety inspection program also managed by the Department does not assess late fees. IRRC therefore recommended that the Department consider deleting the requirement in the final-form regulations. The Department agrees with this recommendation.
(8) IRRC commented on § 177.52(4). IRRC was concerned with the reasonableness of the proposed requirement because it was not convinced that inspection stations have the ability to ascertain the information concerning every manufacturers's recall notice for every make and model of vehicle. IRRC recommended that the Department delete this requirement from this rulemaking, reasoning that when the database with the necessary recall notice information is readily available to each emission inspection station, the Department then implement this requirement through a future proposed rulemaking.
The Department respectfully disagrees with this recommendation. Federal regulations at 40 CFR 51.370 (relating to compliance with recall notices) requires that procedures used to incorporate recall information and methods for tracking and enforcement be detailed in the SIP. This is required even though neither the Department nor the EPA can determine, at this time, a definite source of emission-related manufacturer recall notice information that will be readily available to each emission inspection station. However, the Department has modified the language contained in these final-form regulations to require that when the EPA National recall data base with the necessary recall notice information is available to the Department, a vehicle owner or operator of a subject vehicle targeted for a voluntary or mandatory manufacturer's applicable emission recall notice shall present proof of compliance with the recall notice to the emission inspection station before the enhanced emission inspection begins. The Department believes that this modification addresses IRRC's concern because it does not obligate the emission inspection station to provide recall information until the EPA has provided the Department with the necessary information.
(9) IRRC observed that § 177.101 (relating to subject vehicles) lists exempted vehicles operated or registered with a specific designation. Section 177.101(c)(4) exempts classic or antique motor vehicles but the list of exempted vehicles does not include collectible motor vehicles. IRRC believes that the amendments should exempt collectible motor vehicles because of their limited use, their specific designation and their statutory similarity to classic and antique motor vehicles. The Department agrees, and has modified the amendment accordingly. The Department also has defined ''collectible motor vehicles'' within § 177.3 (relating to definitions) of the final-form regulations consistent with 75 Pa.C.S. § 102.
(10) IRRC noted that § 177.204 (relating to emission standards) as proposed did not specify what levels of HC, CO and NOx must be met for vehicles tested under the Acceleration Simulation Mode (ASM) test, and recommended that the Department include the appropriate data when finalizing the regulations. The Department agrees. The levels are specified in Appendix A, Acceleration Simulation Mode: Pennsylvania Procedures, Standards, Equipment Specifications and Quality Control Requirements, which follows this final-form regulations as part of the equipment specifications and standards. The levels of HC, CO and NOx which must be met for vehicles tested under the ASM test protocol will be available automatically to the emission test inspector at the time of the test by the software program contained in the test protocol.
(11) IRRC pointed out that the subsections of § 177.405 (relating to emission inspection areas) use the terms ''emission inspection'' and ''enhanced emission inspection,'' but was not clear if the Department intended to distinguish between the two terms. IRRC recommended that the Department either use consistent language throughout the chapter or clarify the difference between the two terms by using separate subsections in § 177.405 and add appropriate definitions to § 177.3.
The Department agrees. When the enhanced emission inspections begins, there will be two levels of tests performed. Enhanced tests will be performed in the counties of Beaver, Allegheny, Washington, Westmoreland, Bucks, Montgomery, Philadelphia, Delaware and Chester. However, the counties of Lehigh and Northampton, which currently operate a basic emissions program, will be required to upgrade to the enhanced I/M tests in November of 1999. This means that the current emissions tests performed in those counties will continue to be performed until November of 1999. Inasmuch as the existing regulations still apply to the areas of Lehigh and Northampton but that these final-form regulations deleted the existing Chapter 177, the Department agrees to distinguish between ''enhanced emission tests'' and ''basic emission tests'' where applicable throughout this final-form rulemaking. When the term ''emission inspection'' is used, it refers to both the basic and enhanced program.
IRRC also questions the need for a separate § 177.405(b). IRRC believes that this requirement is directly related to the provisions in § 177.405(a)(1)--(4), and recommended that the Department combine subsection (b) with the requirements of subsection (a) for the final-form regulations. The Department has acceded to this request.
(12) IRRC commented that § 177.602 (relating to the schedule of penalties for emission inspection stations) penalizes stations for inspecting more than 12 vehicles per hour, but that § 177.408 (relating to certified emission inspectors) specifies that the number of inspections performed by a certified enhanced emission inspector may not exceed four per hour. Given the apparent discrepancy between these two provisions, IRRC recommended that the Department clearly establish the number of inspections that an inspector can effectively perform in an hour and then use that number consistently in §§ 177.408(f) and 177.602.
The Department agrees with this recommendation. The I/M Working Group reasoned that the number of inspections that could be performed in an hour depended on whether the emissions test performed was a basic test, a PA97 test or a PA97 with ASM test. The I/M Working Group recommended that the number of inspections performed by a certified enhanced emission inspector not exceed more than 12 per hour per utilizing the basic or PA97 or more than six per hour utilizing the PA97 with ASM. The Department has adopted this recommendation in § 177.408(g).
(13) IRRC believed that two clarifications were needed in § 177.421(b)(5) (relating to obligations and responsibilities of station owners/agents). IRRC noted that § 177.421(b)(5)(ii) provides that it is not necessary to discontinue inspections whenever a certified inspector or a person authorized to purchase certificates of inspection is dismissed or resigns. Other portions of the proposed amendments make it clear that emission inspections may only be performed by certified emission inspectors. IRRC recommended that qualifying language be added to § 177.421(b)(5)(ii) to provide that it is not necessary to discontinue inspections if an inspector is dismissed or resigns as long as emission inspections are performed by another certified emission inspector. The Department agrees with this change, and has clarified the language in these final-form regulations.
IRRC also noted that § 177.421(b)(5)(iii) and (iv) requires notification to the Department for changes in address or company name respectively, but that this section does not specify a time frame for notification. IRRC recommended that the Department specify that it must be notified within 5 days of the occurrence consistent with other provisions in this section. The Department generally agrees with this recommendation, but believes that imposition of a suspension for failure to notify the Department within 5 days of a change of address or name occasions a penalty that is too harsh under circumstances when the owner is guilty of an inadvertent omission. The Department believes compliance within 15 days is reasonable and has made the requisite change to these final-form regulations.
IRRC commented that § 177.423 (relating to fleet basic and enhanced emission inspection stations) contained a discrepancy. Fleet inspection stations must order a minimum of 25 certificates, even though fleets are defined as being at least 15 subject vehicles. IRRC therefore recommended that fleets of less than 25 not be required to order more certificates than they need, and recommended that the minimum order of certificates for fleet inspection stations be consistent with the definition of ''fleet'' found in § 177.423(a)(1).
The Department respectfully disagrees with this recommendation. For security and cost purposes, the certificates are packaged by the certificate manufacturer in amounts of 25. To permit a fleet inspection station to order less than 25, the Department would have to open up a secure, prewrapped package of certificates, repackage them to meet the numbered ordered and then keep track of the certificates that were not provided to the fleet inspection station. The Department believes that adopting this recommendation would compromise security of the certificates. However, the Department recognizes that some fleet inspection stations may not need all of the certificates ordered. The Department permits these stations to return unused certificates at the end of an inspection cycle for a refund.
IRRC noted that § 177.431(1)(i)(A) (relating to quality assurance) provides that overt performed-audits may include a check for document security. IRRC believes that this provision is vague, and recommended that the Department specify which provisions of the chapter provide the requirements for document security that will be checked. The Department agrees with this recommendation, and has amended § 177.431(1)(i)(A) to include a reference to § 177.425(d) (relating to security).
IRRC has also recommended 12 modifications designed to provide clarity and include the following:
(a) IRRC recommended that the term ''fuel filler cap,'' in § 177.281(4)(ii) (relating to the issuance of waiver) be replaced with the term ''gas cap or fuel tank cap.'' The Department has amended this section to include the term ''gas cap'' when referencing the term ''fuel filler cap.'' The Department desires to continue the use of the term ''fuel filler cap'' because it is a term consistently used throughout the industry, and the Department believes that use of this term will promote ease of understanding.
(b) Section 177.402(d)(1) (relating to application) requires that if the applicant is a natural person, the applicant must be 18 years of age. IRRC believes that the use of the term ''natural person'' is vague, and recommended that the Department clarify its intent. The Department agrees, and has modified the final-form regulations by deleting the word ''natural'' and just requiring the applicant, if a person, to be at least 18 years of age.
(c) IRRC recommends that the term ''hang-up check,'' which is used in § 177.406(b)(2)(ii)(H) (relating to tools and equipment), be defined in § 177.3. The Department does not believe this recommendation should be adopted because ''hang up check'' is a standard term employed in the industry. The Department does not know how to define the term and maintain consistency within the industry. Thus, the use of this term will promote consistency and thus ease of understanding.
(d) IRRC recommended clarifying the meaning of ''bench portion'' as used in § 177.406(b)(2)(i). The Department agrees that the term should be clarified, and has done so by deleting § 177.406(b)(2)(i), moving this section to Appendix B, Department Procedures and Specifications, following these final-form regulations, and providing clarification of ''bench portion.''
(e) Section 177.406(b)(2)(ii) states The system shall automatically enter data indicated-- ''auto.'' IRRC recommended that the Department clarify this sentence to clearly state when and how data will be designated for automatic data entry.
The Department would prefer not to make this amendment. The Department wants to preserve this language, because it has been used in the current basic I/M program since 1984. The industry, to date, has not indicated a problem with this language, and tinkering with the language now may result in misunderstanding. However, the Department has amended § 177.406 by deleting subsection (b)(2)(ii)--(vi), (viii)--(xv) and (b)(3) and reorganizing this material in Appendix B. The information now contained in Appendix B, § 1(a)(2)(ii) (A), (B),(D),(I)--(N) and (S), indicated as (auto), shall be automatically entered into the test record by the analyzer. If the data is not designated as (auto), then manual entry by the emission inspector is required.
(f) IRRC recommended that the Department spell out, in § 177.406(c)(1), the acronym ''NBS.'' The Department agrees with this modification and has indicated in § 177.406(3)(i) that ''NBS'' is the acronym for ''National Bureau of Standards.''
(g) Section 177.408(c)(4) (relating to certified emission inspectors) requires certified emission inspectors to renew their certification every 2 years under procedures established by the Department. IRRC recommended adding a reference to the section that provides the procedures established by the Department. Accordingly, the Department has amended § 177.408(c)(4) to indicate that the emission inspectors must complete a refresher course consistent with the requirements of Appendix B or pass a written test every 2 years.
(h) Section 177.421(a)(3) and (b)(1) (relating to obligations and responsibilities of station owners/agents) provides a responsibility for notification or surrendering of materials. IRRC noted that the rule, as proposed, does not provide a time frame for notification. IRRC therefore recommended that the Department include a requirement for notification, such as within 5 days, in this section. The Department agrees to adopt this recommendation, and has made the requisite change to these final-form regulations.
(i) Section 177.421(b)(5)(i) requires the emission inspection station to report to the Department when certificates of emission inspection are either lost or stolen. IRRC detected an editorial omission of the definite article ''the'' before the event or occurrence. The Department agrees to make this inclusion.
(j) IRRC commented on § 177.502(a)(1) (relating to service commitment) and which requires the manufacturer or distributor supplying equipment for sale, lease or rent to do so as specified by the purchase order delivery date. IRRC believes that the Department intends that the manufacturer or distributor provide service consistent with the purchase orders and not the delivery date. The Department agrees, and has amended § 177.502(a)(1) by deleting the phrase ''delivery date'' from the paragraph.
(k) Section 177.502(a)(5) provides that the manufacturer and distributor visit each station periodically to calibrate equipment in accordance with Bureau procedures. IRRC recommended that the Department include a reference to which Bureau procedures. The Department agrees and has provided a reference to Appendix B within § 177.502(a)(5).
(1) Section 177.602(h) provides a sanction for abandonment of a certificate of appointment whenever the owner of record abandons the place of business or cannot be located. IRRC believes that the section should provide a time frame before making a determination that the owner of record cannot be located. The Department declines to adopt this recommendation, because the owner of record should be able to be located at any time without advance warning or notice. If not, the owner of record is in violation of the terms of the certificate.
Additional Changes and Modifications
The final text of these final-form regulations contains modifications, deletions and additions not otherwise discussed, none of which enlarges the scope of these amendments as originally proposed, and thus, may be published as final rulemaking. The following represents a summary of the changes:
(1) Section 177.3 has been amended by modifying or adding definitions. The definition for ''ASM'' has been amended by deleting the term ''type of transient'' and replacing it with ''one mode,'' as well as adding the term ''ASM 5015.'' This change was made to more accurately reflect the type of emission testing that will be performed in the five county Philadelphia area.
The term ''BAR90,'' a term of the California Bureau of Automotive Repair, has been amended to read ''BAR97,'' as well as to reflect that California considers both the analyzer and a dynamometer as the BAR97 test system.
A definition of ''basic emission inspection program'' has been added to the definitions. In the fall of 1997, there will be three different types of emissions tests performed, depending on the area, and this definition has been added to clarify what type of test will be performed in Lehigh and Northampton Counties until 1999.
The definition of ''certificate of emission inspection'' has been amended by adding a sentence stating that the certificate is also referred to as a sticker. This change was made to avoid confusion, as both terms are used interchangeably in this chapter and in the industry.
A definition of ''certified repair technician'' has been added. This change was made to identify those individuals who have provided proof to the Department of completion of Department or Nationally recognized emission component repair training and therefore are authorized to process requests for and to deliver waivers issued by the Department or a single contractor in the enhanced I/M program.
A definition of the term ''collectible motor vehicle'' has been added. This change was made to be consistent with the definition contained in 75 Pa. C.S. § 102.
A definition of the term ''gas cap test'' has been added. This test is one of the evaporative system function test that will be performed in the enhanced I/M program.
The definition of ''I/M area'' has been amended by adding the phrase ''or basic'' before enhanced, to indicate that both types of emissions programs will be occurring in this Commonwealth for a certain period of time.
Definitions for ''PA97'' and ''PA97 with ASM'' have been added to identify how the Commonwealth is identifying its enhanced programs.
The definition of ''quality assurance officer'' has been amended to reflect that the quality assurance officer will no longer investigate, inspect or supervise the operations of contractor operated emissions stations because there are no contractor operated enhanced emission stations. Quality assurance officers investigate, inspect and supervise the operations of all emissions inspection stations, including vehicle dealers authorized to issue new vehicle emission certificates. These changes were made because this language was a remnant from the former centralized I/M regulations, and are not applicable to a decentralized program.
The definition of ''recognized repair technician'' has been deleted. This change was made because the Department is adding a definition for ''certified repair technicians,'' who will be authorized to deliver waivers issued by the Department or a single contractor. The Department will not be recognizing repair technicians in the enhanced I/M program.
The definition of ''registration recall'' has been amended by deleting the phrase ''for an indefinite period.'' This change was made to eliminate any confusion over the length of time the registration recall can last.
The definition of ''special mobile equipment'' was amended by adding the term ''but not limited to'' before listing which vehicles the Department considers special mobile equipment. This change was made to make the definition consistent with the definition in the Vehicle Code.
The division title of the Vehicle Control Division was changed to the Vehicle Inspection Division, the name of the division within the Department which administers vehicle equipment and inspection matters.
A definition of the ''VIID--the Vehicle Inspection Information Data base'' was added. The VIID is the computer 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.
The definition of ''VIN'' was amended by deleting the term ''for registration.'' This change was made to make the definition consistent with the definition contained in the Vehicle Code.
(2) Section 177.21 (relating to cessation of current vehicle emission inspection program) has been modified to identify which counties are to cease the current basic program. Subsection (b) was added to identify that the counties of Lehigh and Northampton will continue with the basic emission inspection program until November 15, 1999. This change was made to provide clarity as to the scope of the basic and enhanced emission program.
(3) Section 177.22 (relating to commencement date) has been modified by adding that the enhanced program will begin on the date established in the Pennsylvania Bulletin or on November 15, 1997, in the five county Philadelphia area and the four county Pittsburgh area and on November 15, 1999, in the remaining counties subject to the I/M program. This change was made at the request of the EPA.
(4) Section 177.23 (relating to notification of requirement for emission inspection) has been modified by inserting the term ''or basic'' after the word ''enhanced.'' This change was made to differentiate between the two programs that must be maintained until 1999, after which there will be only one program, the enhanced I/M program.
(5) Section 177.24 (relating to program evaluation) was added to indicate that a program evaluation that meets EPA requirements will be performed with data submitted on a biennial basis. This addition was made to fulfill one of the conditions imposed by the EPA for approval of the Enhanced I/M SIP.
Section 177.51(c) has been amended by inserting the words ''certificate'' and ''enhanced'' in the second sentence. A safety inspection certificate or sticker for a vehicle subject to an enhanced emission inspection may not be affixed until the subject vehicle has passed an emissions inspection or received a waiver. This requirement only applies to the enhanced program.
Section 177.51(e) has been amended to include the standards for the basic I/M program as well as the enhanced program. This change was made because both emissions programs will be operating in this Commonwealth for a certain time period. A sentence also was added to indicate that the current model year is exempt from emissions testing as are vehicles that are driven less than 5,000 miles per year.
Section 177.51(f) has been amended by deleting the substance of proposed paragraphs (1) and (2) and by reestablishing the information to differentiate between the PA97 with ASM test in the five county Philadelphia area, the PA97 test in the four county Pittsburgh area and the basic I/M program in Lehigh and Northampton. A description of evaporative system function tests was included at § 177.51(g). These tests, which will be performed when the EPA and the Department agree on appropriate procedures, will check the integrity of the fuel system. Former subsections (g)--(l) were renumbered to accommodate these changes.
Section 177.51 has been amended by adding a new subsection (l), which describes the visual inspection to be performed in the enhanced program. This change was made to be consistent with the EPA statutory requirements found in 42 U.S.C.A. § 7511a(c)(3)(B).
Proposed § 177.52 (relating to emission inspection prerequisites) has been deleted in its entirety and reestablished to require that when the EPA National recall database with the necessary recall notice information is available to the Department, the inspection stations shall check the required information. This change was made at the suggestion of IRRC to be consistent with 40 CFR 51.370 (relating to compliance with recall notices).
Section 177.53(2) (relating to the vehicle inspection process) has been modified by deleting the phrase ''an emission inspection test report indicating which phases of the emission inspection that the vehicle failed'' and replacing it with the phrase ''software generated interpretative diagnostic information form based on the particular portions of the test that failed.'' This change was made to be consistent with how the emission tests will be performed in this Commonwealth.
(6) Proposed § 177.101(a) (relating to subject vehicles) has been deleted and reestablished to add provisions to differentiate the model years that are subject to the basic I/M program and the model years that are subject to the enhanced I/M program. The proposed amendments only dealt with the enhanced I/M program. In addition, collectibles were added as vehicles exempt from emissions testing requirements.
Also exempt are buses with a seating capacity of 16 or more; vehicles being driven or towed for the purpose of inspection; new vehicles while they are in the process of manufacture; and vehicles driven less than 5,000 miles per year.
(7) Section 177.103 (relating to used vehicles after sale or resale) has been amended to reflect that this section refers only to used vehicles after sale or resale. This change was made because new cars, that is, current model year vehicles, are exempt from emission testing for one year. Used vehicles are exempt from emission testing only for 10 days after resale.
(8) The substance of proposed § 177.106 has been deleted and the substance of § 177.107 (relating to repair technician training) has been moved into § 177.106. The provisions relating to technician training have been further amended by deleting subsection (a). A new subsection (a) was established to authorize certified repair technicians to process requests for and deliver waivers. Until April 1, 1998, person recognized prior October 1, 1997, by an automotive manufacturer, the National Institute for Automotive Service Excellence or other training approved by the Department and certified emission inspectors may process requests for and deliver waivers. At the conclusion of the initial 6 months following October 1, 1997, only certified repair technicians who qualify under § 177.106(b)--(d) may process requests for and deliver waivers.
(9) Section 177.201 (relating to general requirements) has been amended to indicate that the standards and requirements spelled out in this section apply also to the evaporative system function tests. This change was made to accurately reflect what these tests are and how they are to be performed. Section 177.201(4) has been amended to reflect that tests involving measurements may also be performed with approved equipment calibrated as delineated in Appendix A appearing at the conclusion of this chapter. This change was made to advise the regulated industry that the Commonwealth may have specified alternate calibration requirements because the Department considered Federal specifications to be onerous or too costly and unnecessary.
(10) Section 177.202(a) (relating to emission test equipment) has been amended by adding the words ''basic and enhanced'' before emission test, as well as indicating that the test equipment will either be certified to meet applicable EPA requirements or the performance standards of California BAR97 as they apply to the PA97 analyzer and Appendix A. Changes were made to advise the regulated industry that the Commonwealth may incorporate modifications to the steady-state short test equipment. Some of the California BAR97 standards are not applicable to the Commonwealth's program. Section 177.202(b)(2) has been modified with the addition of the phrase ''real time'' before data link. This change was made to comply with 40 CFR 51.368(b)(2) (relating to public information and consumer protection) (''Test systems in enhanced I/M programs shall include a real-time data link to a host computer that prevents unauthorized multiple initial tests on the same vehicle in a test cycle and to insure accuracy.'') ''Real time'' is a process wherein the data is immediately transmitted to a central data base as opposed to being stored and transmitted at a later time.
Section 177.202(c) has been restyled as ''test equipment for acceleration simulation mode (ASM) emission testing.'' Further, the substance of the subsection reflects this amendment since the Commonwealth will not be performing transient testing in the five county Philadelphia area, but instead will be performing ASM testing as specified in Appendix A at the conclusion of this chapter. Neither the PA97 or PA97 with ASM is a transient test. Section 177.202(d) has been restyled as ''one-speed idle test equipment.'' The subsection has also been amended to reflect that affected model year vehicles have been changed from 1968--1981 to 1975--1980. These changes were made to accurately reflect the basic emission test. Section 177.202(e) has been amended to include a reference to model years 1981 and newer vehicles as well to referring Appendix A of this chapter for additional test equipment specifications. These changes were made to accurately reflect the tests that will be performed in this Commonwealth.
(11) Section 177.203 (relating to test procedures) has been reorganized to delineate the test procedure for the basic I/M program in subsection (a) and to outline the test procedures for the enhanced emission inspection program in subsection (b). This amendment has been made to distinguish the test procedures which will co-exist for a 2-year period of time.
(12) Section 177.203(b)(3) has been added to the final-form regulations. This paragraph spells out that evaporative system function tests include a pressure test and a purge test for 1981 and newer model year vehicles and will be administered in the five-county Philadelphia area when the EPA and the Commonwealth agree that these tests can be effectively performed. A new subsection (b)(4) has been added to include provisions on subsequent approval by the EPA of other emission test equipment or test procedures. In that event, the Department may adopt the subsequently approved emission test equipment or procedures.
(13) Section 177.204 has been amended by reorganizing the section to differentiate between the idle test standards applicable in the basic I/M program area, and the idle and ASM test standards applicable in the enhanced I/M program area, idle and ASM test standards. This section shows the cutpoints, that is the level of emissions of HC and CO, for the idle tests. Cutpoints for the ASM tests are contained in Appendix A. This section has been amended further to add provisions for model year coverage for pre-1968 through 1974 vehicles which are covered in the basic I/M program. In addition, standards for the three evaporative system function checks--pressure, purge and gas cap test--have been added to § 177.204(b)(3). Provisions for a visual inspection have been added in § 177.204(b)(4). These provisions require the test inspector to perform an examination through direct observation or indirect observation of, among other things, the catalytic converter, fuel inlet restrictor and evaporative control system components.
(14) Section 177.206 has been reserved for evaporative system purge tests. The EPA is having difficulty in developing either tests or standards that are workable. Until the EPA resolves these issues to the Department's satisfaction, this section will remain reserved.
(15) Section 177.252 (relating to emission inspection test report) has been amended by deleting the section as originally proposed and by reorganizing the section to include additional information from § 177.406. The section now contains a subsection (a) which includes a description of the required test report for the basic I/M program. Subsection (b) includes the requirements for the enhanced I/M program test report. Both of these inspections reports would include, but not be limited to, gross vehicle weight rating, the estimated weight of the vehicle, the engine size and inspection type, the name, address and number of the testing station.
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