RULES AND REGULATIONS
Title 67--TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 177]
Emission Inspection Program
[33 Pa.B. 2479] The Department of Transportation (Department), Bureau of Motor Vehicles (Bureau), adopts amendments to Chapter 177 (relating to emission inspection program) to read as set forth in Annex A by adding provisions to include alternative final exhaust emission standards recently developed by the Federal Environmental Protection Agency (EPA).
The inspection/maintenance (I/M) program, implemented under the authority of 75 Pa.C.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.A. §§ 7401--26718) and Pub. L. No. 104-59, 109 Stat. 568 (1995) (known as the National Highway System Designation Act of 1995.
Proposed rulemaking is omitted under 75 Pa.C.S. § 4706 (relating to prohibition on expenditures for emission inspection program), which exempts this final-omitted rulemaking from the proposed rulemaking provisions of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), known as the Commonwealth Documents Law, the Regulatory Review Act (71 P. S. §§ 745.1--745.12) 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 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 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 emissions 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 the Final-Omitted Rulemaking
The purpose of the final-omitted rulemaking is to include alternative final exhaust emission standards recently developed by the EPA. By memorandum dated August 16, 2002, the EPA provided alternative final exhaust emission standards for states to consider for use in I/M programs using the Acceleration Simulation Mode (ASM) Test. The alternative exhaust emission standards were generated in response to evaluations of the original final exhaust emission standards that suggested application of the original exhaust emission standards would result in false failures. Chapter 177, Appendix A, has been amended to include the alternative final exhaust emission standards.
Significant Provisions of the Final-Omitted Rulemaking
The significant amendments to this chapter have been amended to include the alternative final exhaust emission standards.
Persons and Entities Affected
The final-omitted rulemaking will affect the owners and operators of vehicles registered in the counties in this Commonwealth in which the I/M program uses the ASM test.
Fiscal Impact
The final-omitted rulemaking may result in savings to vehicle owners in the form of a lower false failure rate of vehicles subjected to the ASM test and subsequent avoidance of possibly unnecessary repairs and retesting. The Department cannot, however, measure with any precision what costs and savings may result.
Regulatory Review
Under 75 Pa.C.S. § 4710(d), on March 28, 2003, the Department submitted a copy of this final-omitted rulemaking to the Office of Attorney General. The final-omitted rulemaking was approved as to form and legality by the Office of Attorney General on March 31, 2003. The Department submitted a copy of this final-omitted rulemaking on April 9, 2003, to IRRC and to the Chairpersons of the House and Senate Transportation Committees and to the House and Senate Environmental Resources and Energy Committees for review under the Regulatory Review Act. This final-omitted rulemaking was deemed approved by the Committees on April 29, 2003, and was approved by IRRC on May 8, 2003.
In addition to the final-form rulemaking, the Committees were provided with a copy of a detailed Regulatory Analysis Form prepared by the agency. A copy of this material is available to the public upon request.
In preparing this final-form rulemaking, the Department has considered the comments received from the EPA, the public and individuals in the business of vehicle inspection and repair.
Sunset Provisions
The Department is not establishing a sunset date for this final-omitted rulemaking since the regulation is necessary to comply with requirements of Federal laws relating to control of vehicle emissions.
Contact Person
The contact person is Peter Gertz, Vehicle Inspection Division, 4th Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, pgertz@state.pa.us.
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 Appendix A to read as set forth in Annex A, with ellipses referring to the existing text.
(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 33 Pa.B. 2561 (May 24, 2003).)
Fiscal Note: 18-383. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 177. EMISSION INSPECTION PROGRAM
APPENDIX A
Acceleration Simulation Mode: Pennsylvania Procedures, Standards, Equipment Specifications and Quality Control Requirements § 1. ASM Exhaust Emission Standards and Calculations.
(a) ASM Emissions Standards.
(1) ASM Start-Up Standards. The following standards shall be for ASM tests performed until notice by the Department that the standards in subsection (2)(i) or (2)(ii) will apply. The exhaust emission standards for the following model years are cross-referenced by the number in the column in (a)(3) as follows:
(A) Light Duty Vehicles
Carbon Oxides of Hydrocarbons Monoxide Nitrogen Table Table Table Model Years § 1(a)(3)(I) § 1(a)(3)(II) § 1(a)(3)(III) 1996+ TIER 1 1 21 41 1991-1995 2 22 42 1983-1990 4 23 43 1981-1982 4 26 43 1980 4 26 48 1977-1979 11 30 48 1975-1976 11 30 50 (B) Light Duty Trucks 1 (less than 6000 pounds GVWR).
Carbon Oxides of Hydrocarbons Monoxide Nitrogen Table Table Table Model Years § 1(a)(3)(I) § 1(a)(3)(II) § 1(a)(3)(III) 1996+ TIER 1 (<3750 LVW) 1 21 41 (>3750 LVW) 2 22 42 1991-1995 5 26 43 1988-1990 7 29 44 1984-1987 7 29 49 1979-1983 11 31 49 1975-1978 12 32 50 (C) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
Carbon Oxides of Hydrocarbons Monoxide Nitrogen Table Table Table Model Years § 1(a)(3)(I) § 1(a)(3)(II) § 1(a)(3)(III) 1996+ TIER 1 (<=5750 LVW) 2 22 42 (>5750 LVW) 5 26 45 1991-1995 5 26 46 1988-1990 7 29 47 1984-1987 7 29 49 1979-1983 11 31 49 1975-1978 12 32 50 (2) ASM final standards.
(i) ASM equivalent test weight methodology. Upon notice by the Department in the Pennsylvania Bulletin, the following exhaust emission standards will be used for ASM tests performed. The exhaust emissions standards for the following model years are cross-referenced by the number in the column in subsection (a)(3) as follows:
(A) Light Duty Vehicles.
Carbon Oxides of Hydrocarbons Monoxide Nitrogen Table Table Table Model Years § 1(a)(3)(I) § 1(a)(3)(II) § 1(a)(3)(III) 1996+ TIER 1 1 21 41 1983-1995 1 21 41 1981-1982 1 23 41 1980 1 23 45 1977-1979 6 27 45 1975-1976 6 27 48 (B) Light Duty Trucks 1 (less than 6000 pounds GVWR).
Carbon Oxides of Hydrocarbons Monoxide Nitrogen Table Table Table Model Years § 1(a)(3)(I) § 1(a)(3)(II) § 1(a)(3)(III) 1996+ TIER 1 (<=3750 LVW) 1 21 41 (>3750 LVW) 1 21 41 1988-1995 3 24 42 1984-1987 3 24 46 1979-1983 8 28 46 1975-1978 9 29 48 (C) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
Carbon Oxides of Hydrocarbons Monoxide Nitrogen Table Table Table Model Years § 1(a)(3)(I) § 1(a)(3)(II) § 1(a)(3)(III) 1996+ TIER 1 (<=5750 LVW) 1 21 41 (>5750 LVW) 1 21 41 1988-1995 3 24 44 1984-1987 3 24 46 1979-1983 8 28 46 1975-1978 9 29 48 (ii) ASM vehicle engine displacement methodology. Upon notice by the Department in the Pennsylvania Bulletin, the Exhaust Emission Standards used for ASM tests will be performed in accordance with the following tables:
LDV Exhaust Emission Standards for the ASM 5015 test
HC CO NOx 5015 LDV MY 1980 and newer 275 liters* ppm 5015 LDV MY 1980 to 1982 1.3 liters*% 5015 LDV MY 1983 and newer 1.1 liters*% 5015 LDV MY 1980 only 8,500 liters* ppm 5015 LDV MY 1981 and newer 3,600 liters* ppm
LDT Exhaust Emission Standards for the ASM 5015 test
HC CO NOx 5015 LDT MY
1980 to 19831,140 liters*
ppm5015 LDT MY
1984 to 1995537 liters*
ppm5015 LDT MY 1996 to 1998 275 liters* ppm 5015 LDT MY 1980 to 1983 9.7 liters*% 5015 LDT MY 1984 to 1995 5.4 liters*% 5015 LDT MY 1996 and newer 1.1 liters*% 5015 LDT MY 1980 to 1987 14,145 liters*ppm 5015 LDT MY 1988 to 1995 7,380 liters* ppm 5015 LDT MY 1996 and newer 6,150 liters* ppm All 5015 cut points are applied by the following method: The vehicle's engine displacement in liters multiplied by the exhaust constituent (HC, CO, or NOx) levels in concentration (HC and NOx in ppm; CO in % ten second average values). This liter*concentration value is compared to the appropriate cut point and if the value is above the cut point the vehicle is considered to fail the test.
(3) ASM 2525 and 5015 concentration tables follow (although both 2525 and 5015 standards are shown, the Pennsylvania test consists only of the 5015 mode):
* * * * *
[Pa.B. Doc. No. 03-981. Filed for public inspection May 23, 2003, 9:00 a.m.]
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