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PA Bulletin, Doc. No. 03-2031

NOTICES

Proposed Revisions to the State Implementation Plan for the Enhanced Vehicle Emissions Inspection/Maintenance Program; Public Hearings

[33 Pa.B. 5255]

   The Commonwealth currently has in place an enhanced vehicle inspection and maintenance (I/M) tailpipe emissions testing program for on-road light-duty cars and trucks in Bucks, Chester, Delaware, Montgomery, Philadelphia, Allegheny, Beaver, Washington and Westmoreland Counties. This testing is required by the Federal Clean Air Act (CAA). Under the CAA as amended in 1990, states, including the Commonwealth, required to implement I/M programs are further required to incorporate a check of the on-board diagnostic (OBD) system for model year 1996 and newer vehicles as part of the I/M program.

   The CAA and the Commonwealth's State Implementation Plan (SIP) also require I/M testing in 16 additional counties (Lehigh, Northampton, Berks, Cumberland, Dauphin, Lancaster, Lebanon, York, Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer). Although implementation of the enhanced I/M program was required in these counties by 1999, the Commonwealth did not implement the enhanced I/M program. Two citizens groups, the Clean Air Council and Citizens for Pennsylvania's Future, subsequently filed lawsuits in United States District Court against the Secretaries of the Department of Environmental Protection (Department) and the Department of Transportation.

   Finding that the CAA was violated, the Federal court directed the Commonwealth and the citizens groups to confer on an appropriate remedy. In response, the parties reached agreement on the I/M program developed for the 16 counties, which is reflected in this proposed SIP revision. The SIP revision incorporates amendments to I/M testing (67 Pa. Code Chapter 177 (relating to enhanced emission inspection program)) and the Commonwealth's Vehicle Safety Inspection Program (67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection)). The proposed SIP revision incorporates a combination of OBD testing from 1996 and newer vehicles, gas cap leak tests and emissions control equipment visual checks in eight counties (Berks, Cumberland, Dauphin, Lancaster, Lebanon, Lehigh, Northampton and York) and a program consisting of visual checks and gas cap leak tests in the remaining eight counties (Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer). Additionally, the proposal calls for a check of the presence of State and Federally required emissions control equipment on all vehicles as a part of the annual safety inspection in the 42 remaining counties that are not a part of the I/M program.

   The proposed SIP revision is available on the Department's website at http://www.dep.state.pa.us (DEP Keyword: Clean Air Plans) or through the following contact persons.

   The Department will hold three public hearings to receive comments on the SIP revision.

   *  November 19, 2003, at 1 p.m. at the Department's Southeast Regional Office Hearing Room, Lee Park, 555 North Lane, Suite 6010, Conshohocken, PA.

   *  November 20, 2003, at 1 p.m. at the Department of Environmental Protection, Rachel Carson State Office Building, 12th Floor Conference Room, 400 Market Street, Harrisburg, PA.

   *  November 20, 2003, at 1 p.m. at the Department's Southwest Regional Office, Waterfront Rooms A and B, 500 Waterfront Drive, Pittsburgh, PA.

   Persons wishing to present testimony at a hearing should reserve a time by contacting Susan Ferree, P. O. Box 8468, Harrisburg, PA 17105, (717) 787-9495, sferree@state.pa.us. Individuals who do not reserve a time will be able to testify after preregistrants. Witnesses should keep testimony to 10 minutes and should provide two written copies of their testimony at the hearing. Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact Susan Ferree at the previous telephone number or e-mail address. TDD users may contact the AT&T Relay Service at (800) 654-5984 to discuss how the Department can accommodate their needs.

   Written comments should be sent by close of business on November 21, 2003, to Brian Trowbridge, Division of Air Resource Management, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 03-2031. Filed for public inspection October 17, 2003, 9:00 a.m.]


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