[33 Pa.B. 5706]
[Continued from previous Web Page]
ON-ROAD TESTING § 177.304. Failure of on-road emission test.
The owner or operator of a subject vehicle that was required to have an emission inspection and that fails an on-road emission test shall have 30 days following notice of the failure in which to have the failed vehicle pass an emission inspection or to produce evidence that the subject vehicle has a valid emissions inspection waiver.
Subchapter D. OFFICIAL EMISSION INSPECTION STATION REQUIREMENTS
GENERAL § 177.401. Appointment.
(a) Authority. For the purpose of establishing a system of official emission inspection stations, the Bureau will issue certificates of appointment to facilities within this Commonwealth that comply with the Vehicle Code and this title. Official emission inspection stations are authorized to conduct emission inspections and issue official certificates of emission inspection.
(b) Scope of certification. Until January 1, 2006, emission inspection station will not be issued a certificate of appointment unless it is capable of performing every type of emission inspection required for vehicles registered in the region in which the station is located.
(c) Certificate of appointment. The certificate of appointment for emission inspection stations will be issued only when the Bureau is satisfied that the station is properly equipped and employs certified emission inspectors, as applicable, to perform emission inspections required of vehicles registered in the region in which the station is located. Only those stations fulfilling Department requirements and complying with this chapter will be issued an emission certificate of appointment. Prior involvement with a suspended inspection station may be sufficient cause to deny appointment. The emission certificate of appointment shall be conspicuously displayed at the place for which issued, in accordance with section 4722 of the Vehicle Code (relating to certificate of appointment).
(d) Certificate not assignable. A certificate of appointment for an emission inspection station may not be assigned or transferred to another person, business entity or location and shall be valid only for the person or business entity in whose name it is issued and for transaction of business at the place designated therein.
(e) Valid certificate required. A person may not represent any place as an official emission inspection station unless the station is operating under a valid certificate of appointment issued by the Bureau.
(f) Inspection stations with common access. An emission inspection certificate of appointment will not be issued for operation of an official emission inspection station on a part of the premises of another official emission inspection station which utilizes the same access. This subsection does not apply where the stations have separate internal accesses, though sharing a common external access.
(g) Suspended inspection stations. An emission inspection certificate of appointment will not be issued for operation of an official emission inspection station on a part of the premises of an official emission inspection station which has been suspended if the owner of the suspended station continues to conduct any type of business which utilizes the same access. This subsection does not apply where the station and the other business each have a separate internal access, though sharing a common external access.
(h) Indefinite suspension of appointment. A certificate of appointment issued to an official emission station may be suspended indefinitely if the station no longer fulfills the requirements for appointment provided in this subchapter. Once the deficiency which prompted the suspension is cured, a station which has had its certificate of appointment indefinitely suspended may apply for re-appointment in accordance with the procedures in this subchapter.
§ 177.404. Required certificates and station signs.
After appointment the owner of an emission inspection station shall prominently display the following:
(1) A certificate of appointment for each type of emission inspection approved for the location.
(2) A sign clearly stating the fee for inspection, that the fee is the same whether the vehicle passes or fails, that the fee for inspection includes the cost of labor for the inspection, but not the cost of parts, repairs and adjustments, and that no additional charge shall be made by the inspecting station for one necessary reinspection within 30 days of the original inspection. Fleet and Commonwealth stations are exempt from this paragraph.
(3) The current list of certified emission inspectors.
(4) An approved official emission inspection sign outside of the garage that is clearly visible to the public. This sign shall have a keystone design which is at least 24 inches high and 21 inches wide. The background shall be navy blue with gold lettering. The station number plate shall be at least 3 inches high and at least 13 inches wide. The background shall be green with white station numbers. If a keystone designated sign is already present, the station number shall be placed below present plates. If hung from a bracket, the sign shall be double faced. Fleet and Commonwealth emission inspection stations are exempt from this paragraph.
(5) An approved sign indicating whether the emission inspection station is able to deliver waivers.
(6) A sign clearly providing the location and telephone number of the quality assurance officer or the Vehicle Inspection Division.
§ 177.405. Emission inspection areas.
(a) Emission inspections shall be conducted within approved enclosed or outside inspection areas that are safe, sound, well ventilated, and in good repair and condition.
(1) Emission inspections shall be conducted within an approved enclosed building when outside temperatures are below 35°F or above 110°F or relative humidity exceeds 85%, or when it is precipitating.
(2) Emission inspections may be conducted in an approved area outside an enclosed building when outside temperatures are between 35°F and 110°F with from 0 to 85% relative humidity and if there is no precipitation. The analyzer shall remain within the approved enclosed building at all times but the probe and exhaust gas hose may be extended outside to the vehicle being inspected.
(b) Anticipated alterations or changes affecting the condition, size or safety of inspection areas shall be reported to the Quality Assurance Officer within 5 days of the anticipated alteration or change.
(c) The floor shall be of a hard, clean surface and in sound, smooth condition. Dirt floors will not be approved.
(d) The inspection area shall be free of obstructions, including shelves, work benches, partitions, displays, machinery and stairways, unless, in the opinion of the quality assurance officer, the obstruction does not protrude into the area far enough to curtail or interfere with inspection.
(e) Emission inspection stations shall be at least 12 feet by 22 feet.
§ 177.406. Equipment.
(a) General requirements. Official emission inspection stations shall have tools and equipment in good satisfactory operating condition to be able to conduct emission inspections upon a subject vehicle. Equipment required shall include the following:
(1) Wheel chocks.
(2) Approved emission inspection and maintenance textbooks/workbooks or electronic or computerized medium with supplements and current changes and approved handbooks and manuals.
(3) Exhaust emission analyzer approved by the Bureau and certified by the manufacturer as meeting or surpassing specifications set forth in subsection (b), where applicable.
(4) Approved dynamometer, where applicable.
(5) Where applicable, OBD-I/M equipment as specified in § 177.501(a)(2) (relating to equipment approval procedures), approved by the Bureau.
(6) Where applicable, equipment for performing the gas cap test and visual inspection.
(b) Analyzer specifications. Exhaust emission analyzers approved by the Bureau shall meet the following requirements:
(1) Meet PA 97 equipment specifications, where applicable, as provided in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standard, equipment specifications and quality control requirements) and meet section 207b of the Federal Clean Air Act (42 U.S.C.A. § 7541(b)) warranty specifications.
(2) Conform with the following minimum specifications:
(i) Upon the activation of the emission test, the Automatic data collection unit or VIID, as applicable, shall automatically set the standard required for comparison as defined in § 177.204 (relating to basis for failure). Standards shall be field programmed by the manufacturer or provided by the vehicle inspection information database, as applicable.
(ii) Approved exhaust emission analyzers shall be powered by alternating current.
(iii) The sample probe shall meet or surpass PA 97 sample probe requirements and be capable of being placed in the tailpipe a minimum of 1O inches with a device, if necessary, to preclude sample dilution.
(3) Field calibration gases. Field calibration gases shall be as specified in Appendix A (relating to acceleration simulation mode: Pennsylvania procedures, standard, equipment specifications and quality control requirements).
§ 177.407. Hours of operation.
Emission inspection stations shall be open for business a minimum of 5 days per week, 40 hours, Monday through Friday between 7 a.m. and 8 p.m. This section may be waived by the Bureau upon written request of the inspection station owner and prior approval of the quality assurance officer. To qualify for a waiver from the provisions of this section, the station shall be open for business at least 10 business hours during the normal work week (Monday through Friday) between 7 a.m. and 8 p.m. This section does not apply to:
(1) Commonwealth or fleet emission inspection stations.
(2) Emission inspection stations owned and operated by more than one owner to do test-only inspections.
§ 177.408. Certified emission inspectors.
(a) General rule. Personnel who perform emission inspections at each emission inspection station will be certified by the Department as emission inspectors. The emission inspection shall be completely performed by certified emission inspectors with a valid driver's license.
(b) Multiple stations. A certified emission inspector may work at more than one emission inspection station.
(c) Certified emission inspector requirements. An inspector desiring to be certified to perform emission inspections shall:
(1) Be 18 years of age or older.
(2) Possess a valid Pennsylvania driver license.
(3) Have done the following:
(i) Completed an emission inspection training course, approved by the Department, that included, where applicable, information on the following:
(A) The air pollution problem, including its cause and effects.
(B) The purpose, function and goal of the inspection program.
(C) Emission inspection regulations and procedures of the Commonwealth.
(D) Technical details of the test procedures and the rationale for their design.
(E) Emission control device function, configuration and inspection.
(F) Test equipment operation, calibration and maintenance.
(G) Quality control procedures and their purpose.
(H) Public relations.
(I) Safety and health issues related to the inspection process.
(ii) Passed a required written test with a minimum of 80% correct test responses.
(iii) Proved, through means of a computer-based training/testing (CBT) or other Department approved procedure under supervision of a certified educational instructor or other qualified Commonwealth employee or agent, the ability to perform a complete emission inspection, to properly utilize test equipment and to follow other required test procedures as prescribed in §§ 177.202, 177.202a, 177.202b, 177.203, 177.271 and 177.272, as applicable. The inability to properly conduct the test procedures shall constitute grounds for refusal of certification.
(4) Complete a refresher training course, under procedures established by the Department and pass the required test every 2 years.
(d) Identification. While conducting inspections, a certified emission inspector shall have in his possession a currently valid inspector emission inspection certification card issued by the Department.
(e) Names of inspectors. The names of certified emission inspectors and their inspector certification numbers shall be placed on the Current List of Certified Emission Inspectors form which shall be posted in a conspicuous location at the emission inspection station.
(f) Number of inspections. The number of inspections performed by a certified emission inspector may not exceed more than 12 subject vehicles per hour for the one or two-speed idle emission inspection, 6 inspections per hour utilizing ASM test equipment and procedures, or 12 OBD-I/M checks per hour.
OBLIGATIONS AND RESPONSIBILITIES OF STATION OWNERS/AGENTS § 177.421. Obligations and responsibilities of station owners/agents.
(a) Personal liability. It is the responsibility of the owner of an emission inspection station to:
(1) Conduct the business of the official emission inspection station honestly and in the best interests of the Commonwealth, under the Vehicle Code and this chapter and, except in the case of a fleet or Commonwealth emission inspection station, to make every reasonable effort to inspect upon request all vehicles which the station is equipped to inspect.
(2) Make official emission inspection regulations and supplements available for the use of all certified emission inspectors and other employees involved.
(3) Notify within 5 days the quality assurance officer and the Vehicle Inspection Division when a certified emission inspector is hired, resigns or is dismissed.
(4) Provide the emission inspection report to motorists after testing and to have the possible repair requirements stated on a form provided to the vehicle owner or operator.
(5) Keep, at the station, as applicable, for 2 years, duplicate copies of completed Certificate of Emission Requisition Forms, repair order forms related to waivers and the original Certificate of Waiver Forms, and other required forms.
(6) Assume full responsibility, with or without actual knowledge, for:
(i) Every emission inspection conducted at the emission inspection station.
(ii) Every emission inspection waiver delivered by a certified repair technician at the emission inspection station.
(iii) Every certificate of emission inspection issued to the emission inspection station.
(iv) Every violation of the Vehicle Code or this chapter related to emission inspections committed by an employee of the emission inspection station.
(v) Maintaining an adequate supply of current certificates of emission inspection and inserts for issuance.
(7) Perform, as applicable, required maintenance and calibration procedures of emission analyzers according to procedures established by the Department and perform electronic zero and span checks hourly during periods of operation and weekly leak checks.
(8) Place an emission analyzer out of service when calibration cannot be performed according to procedures established by the Department.
(9) Ensure that instrument calibration test results are entered into the VIID by the analyzer manufacturer or other approved service representative as directed by the Department.
(i) For basic emission inspection stations, the analyzer manufacturer or other approved service representative shall write maintenance and calibration information on the Emission Analyzer Maintenance and Calibration Report. This report shall be maintained at the station for 2 years.
(ii) For enhanced emission inspection stations, the information required in this paragraph shall be entered into the VIID by the analyzer manufacturer or other approved service representative as directed by the Department.
(10) Maintain adequate numbers of current certificates of emission inspection and inserts for issuance.
(i) Data entry errors. If a data entry error occurs, the error and the error correction shall be clearly noted.
(ii) Voided stickers. If it is necessary to void a sticker, the sticker number and the reason shall be clearly noted.
(b) Certificate of appointment. A certificate of appointment is not assignable and is valid only for the owner in whose name it is issued.
* * * * * § 177.422. Commonwealth emission inspection stations.
(a) Eligibility. The designation, Commonwealth Emission Inspection Station, will be issued to stations owned and operated by the following:
(1) The Federal government.
(2) The Commonwealth.
(3) A political subdivision of this Commonwealth.
(b) General requirements. An applicant for a Commonwealth emission inspection station shall meet the requirements of this chapter, including the requirements for fleet stations.
(c) Certified emission inspector. Each official Commonwealth emission inspection station shall have at least one certified emission inspector.
(d) Method of inspection. A Commonwealth emission inspection station may, by mutual agreement with another governmental body, inspect and issue certificates of emission inspection to vehicles registered in the name of that governmental body. Inspection fees, as defined in this chapter, may be charged for the inspection. Charges may be collected for repairs.
§ 177.423. Fleet emission inspection stations.
(a) Eligibility requirements for fleet emission inspection stations are as follows:
(1) Minimum number of vehicles. A fleet emission inspection station owner shall own or lease at least 15 subject vehicles.
(2) Authorized subject vehicles. The certificate of appointment shall authorize emission inspection of subject vehicles registered or leased by the fleet emission inspection station owner. Privately owned or registered vehicles of company officers and employees may not be emission inspected at a fleet emission inspection station, even if they are used for business purposes.
(3) Certificate cancellation. The fleet emission inspection certificate shall be cancelled if the number of subject vehicles owned or leased falls below 15, except for a temporary delay in ordering or receiving additional vehicles to supplement the fleet.
(b) Each fleet emission inspection station shall have at least one certified emission inspector.
(c) Requirements for fleet inspection stations shall include the following:
(1) Applicants for a fleet emission inspection station shall comply with this chapter unless specifically exempted.
(2) Inspection areas shall be large enough to accommodate the largest subject vehicle to be inspected at the fleet emission inspection facility, in addition to meeting the minimum inspection area requirements of § 177.405 (relating to emission inspection areas).
(d) Limited inspection periods and limitations on the length of service requirements are permitted if the station meets the following:
(1) Fleet vehicles subject to emission inspections are registered in the limited inspection periods, as defined in § 177.3 (relating to definitions).
(2) The station owner, in writing, requests the Department to permit a limited inspection period. This request shall specify the month in which emission inspections will be performed.
(3) The station owner submits a copy of the manufacturer/station agreement specifying regulation service commitments for the limited inspection period.
(4) The station owner is granted written Department approval after a station review and a fleet vehicle registration certification is completed. The approval will designate the months in which emission inspections shall be performed.
(5) The station owner performs emission inspections only during months designated by the Department.
(e) Limited inspection period emission analyzer service requirements with accompanying limitations as to the length of service requirements are as follows:
(1) Station owners shall ensure that required manufacturer/station service commitments are in force during this limited period.
(2) Station owners shall pay for costs to bring the approved analyzer into compliance and monthly or quarterly fees required by the manufacturer or other approved service representative during the limited inspection period.
(3) Station owners shall be responsible for notifying the quality assurance officer or the Vehicle Inspection Division of the starting and ending times for the limited inspection periods. Failure to notify the Department may result in cancellation of this privilege.
(4) Station owners may not permit emission inspections to be performed during the limited inspection period until the Department has been notified by the analyzer manufacturer or other approved Commonwealth agent or service representative that the analyzer is in compliance with all requirements and the Department so notifies the station owner. Failure to comply with this paragraph may result in cancellation of limited inspection period privileges.
§ 177.424. General emission inspection stations.
(a) Eligibility. The designation, general emission inspection station, will be issued to stations that emission inspect all subject vehicles, if the station is so equipped.
(b) General requirements. An applicant for a general emission inspection station shall comply with this chapter unless specifically exempted.
(c) Certified emission inspector. Each general emission inspection station shall have a certified emission inspector present during normal business hours.
(d) Method of inspection. Subject vehicles shall be inspected consistent with this chapter by a certified emission inspector.
§ 177.425. Security.
(a) Unlawful possession. A person may not knowingly possess certificates of emission inspection which have been illegally purchased, stolen or counterfeited.
(b) Not transferable. Emission inspection stickers are not transferable. They shall only be affixed to the subject vehicle as recorded on the Exhaust Emission Analyzer and the Vehicle Emission Inspection Report sheet or other approved recording medium.
(c) Removal. Certificates of emission inspection may not be removed from a vehicle for which the certificate was issued except to replace it with a new certificate of emission inspection issued under this chapter. This prohibition is not applicable to expired certificates of emission inspection on vehicles registered outside the designated areas. These expired certificates of emission inspection shall be removed only by a certified emission or safety inspector.
(1) A person replacing a windshield in a manner which requires removal of a certificate of emission inspection shall, at the option of the registrant of the vehicle, cut out the portion of the windshield containing the emission certificate and deliver it to the registrant of the vehicle or destroy the emission certificate. The vehicle may be driven up to 5 days if it displays the portion of the old windshield containing the emission certificate. Within the 5-day period an appropriate official emission inspection station may affix to the vehicle another certificate of emission inspection for the same period without reinspecting the vehicle in exchange for the portion of the old windshield containing the certificate of emission inspection. A labor fee of no more than $2 and the cost of the dial-up to the VIID may be charged for the exchanged certificate of emission inspection. The replacement may be made at any time prior to the expiration of the certificate of emission inspection.
(i) The portion of the windshield containing the certificate of emission inspection may be retained for audit by the quality assurance officer.
(ii) The replacement certificate of emission inspection shall be recorded on the appropriate record, either hard copy or VIID, showing all information except inspection items.
(iii) Replacement shall be marked on the reverse side of the replacement certificate of emission inspection.
(2) A certificate of emission inspection may not be removed from a vehicle until a complete inspection has been made.
(3) Only one current, valid certificate of emission inspection shall be visible on a vehicle. The old certificate of emission inspection shall be removed and completely destroyed before a new sticker can be affixed after an inspection and approval.
(d) Lock and key. Emission inspection stickers shall be kept under lock and key in a safe place. The station owner shall be solely responsible for their safety and shall account for all emission certificates of inspection issued to the station.
(e) Unused. Unused certificates of emission inspection for an expired period shall be retained by the emission inspection station until audited by the quality assurance officer. After an audit is completed, the quality assurance officer shall destroy them.
(f) Issuance of emission certificates of inspection. Certificates of emission inspection will not be issued by the Bureau to anyone that has not been listed on an executed Authorized Agents for Receiving Stickers Form.
(g) Authorized agents for receiving stickers. The Authorized Agents for Receiving Stickers Form shall be completed upon receipt as instructed on the back side of the form and submitted within 1 day of receipt to the Vehicle Inspection Division whenever:
(1) An employee, whose signature appears on the form, is no longer employed by the station.
(2) The card is defaced, torn or illegible.
(3) An authorized agent is to be added.
QUALITY ASSURANCE § 177.431. Quality assurance.
The Department will conduct performance audits on a periodic basis to determine whether inspectors are correctly performing the tests and other required functions.
(1) Performance audits may be of two types:
(i) Overt performance audits which may include the following:
(A) A check for appropriate document security, as required by § 177.425(d) (relating to security).
(B) A check to see that required recordkeeping practices are being followed.
(C) A check for licenses or certificates and other required display information.
(D) Observation and written evaluation of each inspector's ability to properly perform an inspection.
(ii) Covert performance which may include the following:
(A) Remote visual observation of inspector and inspection station personnel performance, which may include the use of binoculars or video cameras.
(B) Site visits using covert vehicles.
(C) Other activities deemed appropriate by the Department as necessary to maintain the level of quality assurance for the emission inspection program required by Federal law.
(2) The station owner and the employees of the station owner shall make available information requested by the Department and shall fully cooperate with Department personnel who conduct the audits and other authorized Commonwealth representatives or agents.
(3) Each quality assurance officer shall be audited on an annual basis.
Subchapter E. EQUIPMENT MANUFACTURERS' AND CONTRACTORS' REQUIREMENTS AND OBLIGATIONS
EQUIPMENT MANUFACTURERS' REQUIREMENTS § 177.501. Equipment approval procedures.
(a) The manufacturer shall meet the following conditions for approval for participation in the emission inspection program.
(1) Emission inspection equipment. The following requirements shall be met for equipment approval in the emission inspection program:
(i) The manufacturer shall provide a certified copy of BAR 97 approved certification or a certified document stating complete testing compliance with BAR 97 test requirements by a reputable independent testing laboratory that completed the testing, or certify that the gas analyzer meets all performance standards of California BAR 97 as they apply to the PA gas analyzer.
(ii) The manufacturer shall certify that the approved test equipment will comply with the data collection requirements of this chapter.
(iii) The manufacturer shall provide a document that the dynamometer meets all State and California BAR requirements for ASM test equipment as specified in Appendix A and California BAR 97 specifications or certify that the dynamometer meets all performance standards of California BAR 97 as they apply to the PA dynamometer and ASM test equipment.
(iv) The manufacturer shall provide certification that the description of the methods the manufacturer or distributor will use shall meet or surpass all Department analyzer and dynamometer specifications, performance commitments, financial commitments, responsibilities and agreements as required by this chapter and the Department's procedures and policies.
(v) The manufacturer shall offer as an option an equipment lease arrangement of at least 10 years to prospective equipment purchasers.
(vi) The manufacturer shall offer as an option a ''fee per test'' equipment financing opportunity to prospective equipment purchasers.
(vii) The manufacturer shall offer as an option a provision for installation of emission inspection test equipment, at the request of prospective equipment purchasers.
(viii) The manufacturer shall clearly identify equipment features which are listed as options but which are essential to comply with the program and equipment specifications of this chapter.
(ix) Equipment manufacturers and providers shall receive prior approval from the Department for any costs associated with program software updates or revisions.
(2) OBD-I/M check equipment approval. The following requirements shall be met for approval of the OBD-I/M check equipment:
(i) The manufacturer or distributor of an OBD scanner or scan tool must certify that the scan tool used for OBD-I/M checks complies with applicable versions of the following SAE standards:
(A) SAE J 1962 (Standardized Connector).
(B) SAE J 1978--OBDII (Scan Tool Functionality).
(C) SAE J 1979 (Diagnostic Test Modes (1-7)).
(D) SAE J 1850, ISO9141-2 & 14230-4 (Communication Protocols).
(E) SAE J 2012 (Standardized DTC usage).
(ii) The manufacturer or distributor shall certify that the OBD hand-held scan tool or OBD PC-based scan tool meets PA Equipment Specifications for OBD-I/M Checks, copies of which are available by contacting the Bureau.
(iii) The manufacturer or distributor shall certify that the emission-related parameters and emission-related engine parameters displayed must be able to be automatically transmitted to the VIID.
(b) Certification. A manufacturer shall cause a corporate officer with administration/operations management responsibility, if a corporation; the general partners, if a partnership; or the owner, if a sole proprietorship, to certify in writing and attest in affidavit form to the Department that the exhaust emission analyzer and dynamometer, OBD scan tool and equipment for the gas cap test and visual inspection, as applicable, meets the specifications of this section and quality assurance and that the manufacturer meets or surpasses stated field requirements.
§ 177.502. Service commitment.
(a) Manufacturers and distributors shall provide the following service commitments:
(1) Supply equipment for sale, lease or rent as specified by the purchase order.
(2) Train, at no cost, on the initial visit for installation of the emission analyzer or dynamometer, or both, all certified emission inspection inspectors employed at the time of installation regarding the proper use of the analyzer or the dynamometer, or both, and provide, within 7 days of the request by a station owner or operator, onsite training for additional inspectors for a service fee.
(3) Provide or permit test standards or procedures utilized by test equipment to be modified consistent with Federal requirements for emission inspection programs.
(4) Provide maintenance on purchased or leased equipment within 1 business day of oral or written request from the station. A fee may be charged for this service.
(b) Manufacturers and distributors shall offer to equipment purchasers the ability to contract for the following services for additional fees:
(1) Provide service for faulty equipment.
(2) Provide replacement parts and equipment while servicing faulty equipment.
(3) Provide inspections, calibrations, training or maintenance or any combination thereof on a more frequent basis than specified in subsection (a).
(c) Manufacturers or distributors shall permit equipment purchasers to contract with other Department approved service providers for the services specified in subsection (b).
(d) Replacement parts or equipment provided shall be the same as or equivalent to the parts or equipment provided by the original equipment manufacturers.
(e) Department approved equipment service representatives shall provide the following service commitments:
(1) Maintenance on equipment within 1 business day of an oral or written request from the station. A fee may be charged for this service.
(2) Replacement equipment while servicing faulty equipment. A fee may be charged for this service.
§ 177.503. Performance commitment.
(a) The manufacturer or distributor shall agree that, if it decides to discontinue participation in the program, or if its name is removed from the list of approved manufacturers or distributors of emission analyzers, OBD-I/M check equipment or equipment for the gas cap test and visual inspection by the Department, it will buy back all emission analyzers, dynamometers, OBD-I/M check equipment or gas cap/visual inspection equipment from the inspection stations which purchased them for an amount equal to the unamortized cost based on straight line amortization over the expected useful life of the analyzer, dynamometer, OBD-I/M check equipment or gas cap/visual inspection equipment.
(b) The manufacturer or distributor shall agree to provide a specific performance bond, irrevocable letter of credit, a certified check, or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable to the Department:
(1) For analyzer and dynamometer manufacturers or distributors, in the amount of $1 million initially, and in the amount of an additional $400,000, for every 250 analyzers sold to Pennsylvania certified emission inspection stations.
(2) For OBD-I/M check equipment manufacturers or distributors, in the amount of $500,000.
(3) For gas cap/visual inspection equipment, in the amount of $200,000.
(c) This security will be used:
(1) To insure that money is available to reimburse certified emission inspection stations for the reasonable value of existing emission analyzers, dynamometers or OBD-I/M check equipment in the event that the manufacturer or distributor goes out of business in this Commonwealth or is removed by the Department from the list of approved manufacturers or distributors for substantial failure to comply with the terms and conditions of the agreement or this chapter.
(2) In part or in whole in the event of nonperformance or default of the manufacturer or distributor.
(d) Other Department-approved equipment service providers shall agree to provide a specific performance bond, irrevocable letter of credit, a certified check, or bank cashier's check drawn to the order of the Pennsylvania Department of Transportation, or other suitable financial instrument acceptable to the Department, in the amount of $200,000. These funds may be used in part or in whole in the event of nonperformance or default of the service provider.
CONTRACTOR OBLIGATIONS § 177.521. Contractor obligations and responsibilities.
(a) Services to be contracted. The Department intends to contract with a vendor to perform services, including but not limited to, inspection station audits, inspection test data collection, on-road testing and other quality assurance efforts needed to comply with Federal law. The vendor is responsible for providing all services as specified in contracts executed with the Department, which shall be available for public review.
(b) Subcontracts. The vendor may subcontract any of these services, with the approval of the Department, but the vendor shall be liable to the Department for the performance of the subcontractor.
(c) Personal liability. The contractor, or those acting as agents of the contractor, shall assume full responsibility for:
(1) Making records available to the Department quality assurance personnel and other authorized Commonwealth personnel during periodic audits.
(2) Providing to the Department, at no cost to the Department, the results of the emission tests conducted at emission inspection stations. The requirements for data collection and transmission shall be as specified in the contract between the Department and the contractor.
(3) Providing to the Department, at no cost to the Department, the results of inspection station audits and on-road testing. The requirements for data collection and transmission shall be as specified in the contract between the Department and the contractor.
(4) Maintaining copies of test results and other data in the event that there are problems with the online transmission. The copies may be discarded only after notification by the Department that data from the original transmission has been satisfactorily transferred for data processing.
(5) Using computer control of quality assurance checks and quality control charts whenever possible.
Subchapter F. SCHEDULE OF PENALTIES AND HEARING PROCEDURE
SCHEDULE OF PENALTIES AND SUSPENSIONS § 177.601. Definitions
As used in this subchapter, the following words and terms have the following meanings unless the context clearly indicates otherwise:
Careless recordkeeping--Failure to sign the emission inspection test report, missing or omitting required documentation supporting the issuance of a waiver as required by § 177.281 (relating to issuance of waiver) or data entry errors proven to have no influence on the outcome of the inspection.
Faulty inspection--Failure to perform an emission inspection as required by this chapter or any other deviation in the testing procedure, provided that it can be demonstrated that the outcome of the inspection would have been different if the inspection had been performed properly.
Fraudulent recordkeeping--A recordkeeping entry not in accordance with fact, truth or required procedure that falsifies or conceals one or more of the following:
(i) That a certificate of inspection was issued without compliance with the required inspection procedure.
(ii) The number of inspections performed.
(iii) The individuals or station that performed the inspection.
Improper inspection--Failure to perform an emission inspection as required by this chapter or any other deviation in the testing procedure provided that it can be demonstrated that the outcome of the inspection would have been the same if the inspection had been performed properly.
Improper recordkeeping--A recordkeeping entry that is not in accordance with fact, truth or required procedure.
§ 177.602. Schedule of penalties for emission inspection stations.
(a) Schedule of penalties. The complete operation of an official emission inspection station shall be the responsibility of the owner. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of emission inspection privileges. In addition, violators are also subject to criminal prosecution. Every general, fleet or Commonwealth emission inspection station shall be subject to the following schedule of penalties and suspension:
Duration of Suspension Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1 (Fraudulent Activities) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of emission inspection 1 year & $2,500 fine Permanent and $5,000 fine (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year & $2,500 fine Permanent and $5,000 fine (iii) Fraudulent recordkeeping 1 year & $2,500 fine Permanent and $5,000 fine Category 2 (Improper Activities) (iv) Faulty inspection 3 months & $1,000 fine 1 year and $2,500 fine 3 years and $5,000 fine (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 1 year (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced, whichever is greater 6 months or until produced, whichever is greater 1 year or until produced, whichever is greater (vii) Inspection by uncertified inspector 3 months 6 months and $1,000 fine 1 year and $2,500 fine (viii) Improper recordkeeping 2 months 6 months 1 year (ix) Improper inspection Warning 2 months and $250 fine 6 months and $500 fine (x) Requiring or indicating unnecessary repairs for purpose of inspection 3 months 6 months 1 year (xi) Misstatement of fact 1 month 3 months 1 year (xii) Improper assigning of certificate of inspection 1 month 3 months 1 year (xiii) Failure to verify registration or emission inspecting a vehicle with an expired registration 2 months 4 months 6 months (xiv) Failure to affix certificate of inspection immediately upon successful completion of the inspection 2 months 4 months 6 months Category 3 (Careless Activities) (xv) Inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege 2 months 4 months 6 months (xvi) Inspection by emission inspector with expired inspector certification Warning 4 months 6 months (xvii) Improper use of emission inspector certification Warning 2 months and $250 fine 6 months and $500 fine (xviii) Improper security of certificate of inspection Warning 3 months 1 year (xix) Unclean inspection area Warning Warning 3 months (xx) Careless recordkeeping Warning Warning 3 months (xxi) Missing or broken tools Warning, if repaired or replaced; if not, suspension until tools are repaired or replaced 1 month or until tools are repaired or replaced, whichever is greater 6 months or until tools are repaired or replaced, whichever is greater (xxii) Bad Check Warning, if amount due is paid within 10 days from date notified. If not, suspension until amount is paid 3 months or until amount due is paid, whichever is greater 6 months or until amount due is paid, whichever is greater Category 4 (Negligent) (xxiii) Failure to report discontinuance of business 1 year 2 years Permanent (xxiv) Failure to notify the Department of changes of ownership, location or other changes affecting an official inspection station 3 months 6 months 1 year (xxv) Failure to make emission inspection test printout available to customer Warning Warning and $100 fine 1 month * * * * * § 177.603. Schedule of penalties for emission inspectors.
Emission inspectors shall assume full responsibility for their acts as emission inspectors. Failure to comply with the appropriate provisions of the Vehicle Code or this chapter will be considered sufficient cause for suspension of emission inspection privileges. A violator may also be subject to criminal prosecution. After providing the emission inspector with an opportunity for a hearing, the Department may impose suspensions or penalties upon the emission inspector according to the following schedule of offenses for violations:
Duration of Suspension Type of Violation 1st Offense 2nd Offense 3rd and Subsequent Offenses Category 1 (Fraudulent Activities) (i) Issuance or possession of altered, forged, stolen or counterfeit certificate of emission inspection 1 year Permanent (ii) Furnish, lend, give, sell or receive a certificate of emission inspection without inspection 1 year Permanent (iii) Fraudulent recordkeeping 1 year Permanent Category 2 (Improper Activities) (iv) Faulty inspection 3 months 1 year 3 years (v) Inspecting more subject vehicles per hour per emission inspection inspector than permitted by § 177.408(g) 3 months 6 months 3 years (vi) Failure to produce records upon demand by Department quality assurance officer or other authorized Commonwealth representative or agent 3 months or until produced 6 months or until produced 1 year or until produced (vii) Inspection by uncertified inspector 3 months and $100 fine 6 months and $500 fine 1 year and $1,000 fine (viii) Improper recordkeeping Warning 2 months 6 months (ix) Improper inspection Warning 2 months & $250 fine 6 months and $500 fine (x) Requiring or indicating repairs unnecessary for purpose of passing inspection 3 months 6 months 1 year (xi) Misstatement of fact 1 month 3 months 1 year (xii) Improper assigning of certificate of inspection Warning 2 months 6 months (xiii) Failure to verify registration or emission inspecting a vehicle with an expired registration 2 months 4 months 6 months (xiv) Failure to affix certificate of inspection immediately upon successful completion of the inspection 2 months 4 months 6 months (xv) Improper security of certificate of emission inspection Warning 2 months 6 months Category 3 (Careless Activities) (xvi) Inspection by emission inspector with suspended, revoked, cancelled, expired or recalled vehicle operating privilege 2 months 4 months 6 months (xvii) Inspection by emission inspector with expired inspector certification Warning 4 months 6 months (xviii) Improper use of emission inspector certification Warning 2 months and $250 fine 6 months and $500 fine (xix) Improper security of certificate of emission inspection Warning 2 months 4 months (xx) Unclean inspection area Warning 1 month 4 months (xxi) Careless record keeping Warning 1 month 4 months (xxii) Failure to make vehicle emission inspection test printout available to customer Warning 1 month 4 months
ADDITIONAL VIOLATIONS § 177.605. Subsequent violations.
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DEPARTMENTAL HEARING PROCEDURE § 177.651. Notice of alleged violation and opportunity to be heard prior to immediate suspension.
Prior to the immediate suspension of any official emission inspection station, certificate of appointment, emission inspector certification or certified repair technician, the Department shall, within 3 days, provide written notice of the alleged violation and the opportunity to be heard.
REGISTRATION RECALL PROCEDURE FOR VIOLATION OF §§ 177.301--177.305 (RELATING TO ON-ROAD TESTING) § 177.691. Registration Recall Committee.
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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 used for ASM tests performed until notice by the Department that the standards in subsection (2)(i) or (2)(ii) shall apply. The exhaust emission standards for the following model years are cross referenced by the number in the column in (a)(3) below:
* * * * * (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 (a)(3) below:
(A) Light Duty Vehicles.
* * * * * (B) Light Duty Trucks 1 (less than 6000 pounds GVWR).
* * * * * (C) Light Duty Trucks 2 (greater than 6000 pounds GVWR).
* * * * * (ii) ASM vehicle engine displacement methodology. Upon notice by the Department in the Pennsylvania Bulletin, the exhaust emission standards used for ASM tests performed shall be 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 1983 1,140 liters* ppm 5015 LDT MY 1984 to 1995 537 liters* ppm 5015 LDT MY 1996 and newer 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 having failed 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):
* * * * * (b) ASM Test Score Calculation
* * * * * § 8. Software specifications and emission inspection waiver procedure.
(a) Software specifications.
* * * * * (3) Emission inspection equipment software for the Pennsylvania emission inspection program shall be approved by the Department or its designee prior to installation and use in emission inspection equipment installed at certified emission inspection stations.
* * * * * (b) Emission inspection waiver procedure.
* * * * * (2) When repairs are completed, vehicle shall be returned to a certified emission inspection station.
(3) When retest is begun, repairs made and cost of repairs will be entered into the inspection equipment.
* * * * * (iii) If yes, inspector will be presented with waiver screen.
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Appendix B
Department Procedures and Specifications § 1. Evaporative System Function Test.
The evaporative system pressure test procedure shall be as follows:
* * * * * (3) Vehicles shall fail the evaporative system pressure test if the system cannot maintain a system pressure above 8 inches of water for 2 minutes after being pressurized to 14 +/- 0.5 inch of water or if no pressure drop is detected when the gas cap is loosened as described in this section. Additionally, vehicles shall fail the evaporative test if the canister is missing or obviously damaged, if hoses are missing or obviously disconnected, or if the gas cap is missing.
(Editors Note: As part of this rulemaking, the Department is also deleting in their entirety the table entitled: PA Enhanced Emissions Inspector Certification (E.E.I.C.), and the flow chart entitled: PA Enhanced Emissions Inspector Training, Certification, and Recertification, which appear in 67 Pa. Code, pages 177-143 through 177-146, serial page numbers (235383) through (235386).)
[Pa.B. Doc. No. 03-2229. Filed for public inspection November 21, 2003, 9:00 a.m.]
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