[27 Pa.B. 6303]
[Continued from previous Web Page] Implementation of the NLEV program as an alternative compliance strategy will result in significant environmental and health benefits. The NLEV program will not only reduce ozone pollution but will also reduce emissions of particulate matter, nonmethane organic gases (NMOG), benzene and formaldehyde. The EPA estimates that in the year 2005, the NLEV program will reduce benzene emissions by 7 tons per day and formaldehyde by 4 tons per day Nationwide. If implemented, the NLEV program should achieve NOx emission reductions of 400 tons/day in 2005 and 1,250 tons/day in 2015 on a Nationwide basis. Implementation of the National program would also result in NMOG emission reductions of 279 tons/day in 2005 and 778 tons/day in 2015.
Compliance Costs
Implementation of the NLEV program should result in a reduction in compliance costs for automakers. Manufacturers currently design, test and produce new motor vehicles meeting Federal or California emission standards. Implementation of the NLEV program would streamline the new car certification requirements thereby reducing testing costs. The proposed amendments should reduce compliance costs for auto manufacturers by eliminating duplicative reporting and recordkeeping requirements.
Consumers in this Commonwealth could be required to pay an additional $76 to $120 per vehicle for the cost of the required control technology. If the NLEV program is implemented as an alternative compliance strategy, the additional cost associated with the purchase of a vehicle subject to the NLEV program would be approximately $76 which would be less than 0.5% of the price of a new car. The EPA believes that the incremental cost for LEVs available Nationwide will be less than $76 due to factors such as continued advancement in automotive pollution control technology and the demonstrated rapid price decreases in successive model years for technology newly introduced by the auto industry. The incremental estimated costs per car for LEVs in California is approximately $120. However, the EPA believes that LEV price estimates provided by CARB are usually higher than actual price differences.
Compliance Assistance Plan
Compliance assistance will be provided to affected parties, primarily automobile dealers, by distributing pamphlets and conducting public meetings and workshops to explain the proposed regulatory requirements. The Department will involve appropriate State trade organizations in the distribution of information to their membership. Information concerning the program will also be provided to affected consumers.
Paperwork Requirements
Automobile manufacturers will be required to submit paperwork demonstrating compliance with the emission standards and other requirements of Pennsylvania's Clean Vehicles Program. Motor vehicle dealers, leasing and rental agencies and registrants of new motor vehicles must demonstrate to the Department of Transportation's Bureau of Motor Vehicles that new vehicles subject to the proposed amendments meet the emission standards.
If the NLEV program comes into effect, auto manufacturers would under certain circumstances have to streamline reporting requirements. Reporting of separate NMOG fleet averages for each trading region may not be required. In addition, the manufacturers could use production data to demonstrate compliance instead of providing sales data. The EPA has estimated that the testing, recordkeeping and reporting requirements should be approximately 241 hours annually for each manufacturer. However, the time allocated to paperwork may vary depending on factors such as the number of engine families certified, production changes or emission defects, and the like.
G. Sunset Review
The proposed amendments will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the Proposed Rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulation.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by February 12, 1998. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by February 12, 1998. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be sub- mitted electronically to the Board at RegComments@ A1.dep.state.pa.us. A subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by February 12, 1998.
J. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposal. The hearings will be held at 1 p.m. on the following dates and locations:
January 5, 1998, Department of Environmental Protection, 1st Floor Meeting Room, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA
January 7, 1998, Department of Environmental Protection, Southeast Regional Office, Suite 6010, Lee Park, 555 North Lane, Conshohocken, PA
January 13, 1998, Department of Environmental Protection, Southwest Regional Office, 500 Waterfront Drive, Pittsburgh, PA
Persons wishing to present testimony at a hearing are requested to contact Kate Coleman at the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation in order to participate should contact Kate Coleman at (717) 787-4526, or through the Pennsylvania AT&T Relay Service at 1 (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
JAMES M. SEIF,
Chairperson(Editor's Note: Proposals to amend § 121.1 remain outstanding at 27 Pa.B. 1822, 4325 and 4340 (April 12, 1997 and August 23, 1997).
Fiscal Note: 7-330. (1) General Fund, Motor License Fund, Game Fund, Fish Fund, Boat Fund and Purchasing Fund;
NLEV PCV Program Program (2) Implementing Year 1998-99 is $76,000 $0; (3) 1st Succeeding Year 1999-00 is $76,000 $0; 2nd Succeeding Year 2000-01 is $76,000 $220,000; 3rd Succeeding Yera 2001-02 is $76,000 $220,000; 4th Succeeding Year 2002-03 is $76,000 $220,000; 5th Succeeding Year 2003-04 is $76,000 $220,000; (4) FY 1997-98 $N/A; FY 1996-97 $N/A; FY 1995-96 $N/A; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * ATV--Advanced Technology Vehicle--A light-duty vehicle or light-duty truck as defined in 40 CFR 86.1702-97 (relating to definitions).
* * * * * CARB--California Air Resources Board--The board established and empowered to regulate sources of air pollution in California, including motor vehicles, under California Health & Safety Code Sections 39500 et seq.
CARB Executive Order--A document issued by CARB certifying that a specified engine family or model year vehicle has met applicable Title 13 CCR requirements for certification and sale in California.
CCR--California Code of Regulations.
Clean Vehicles Program--A low emissions vehicle program established under section 177 of the CAA (42 U.S.C.A. § 7507) which implements the low emission standards for new motor vehicles and motor vehicle engines adopted by California under a waiver obtained from the Administrator of the EPA under section 209(b) of the CAA (42 U.S.C.A. § 7543(b)).
* * * * * Dealer--A person who is engaged in the sale or distribution of new motor vehicles or new motor vehicles to the ultimate purchaser as defined in section 216(4) of the CAA (42 U.S.C.A. § 7550).
Debit--Fleet average NMOG debits as calculated from the amount that the manufacturer's applicable fleet average NMOG value is above the applicable fleet average NMOG standard, times the applicable production for a given model year.
* * * * * Emergency vehicle--A fire, police or sheriff department vehicle, ambulance, blood-delivery vehicle, hazardous material response vehicle, armed forces emergency vehicle, one vehicle operated by a coroner or chief deputy coroner or deputy chief county medical examiner used for answering emergency calls. The term includes motor vehicles designated as emergency vehicles by the Pennsylvania State Police under 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by Pennsylvania State Police), or a privately owned vehicle specified in 75 Pa.C.S. § 102 (relating to definitions) which is used in answering an emergency call by any of the following:
(i) A police chief and assistant chief.
(ii) A fire chief, assistant chief and, when a fire company has three or more fire vehicles, a second or third assistant chief.
(iii) A fire police captain and fire police lieutenant.
(iv) An ambulance corps commander and assistant commander.
(v) A river rescue commander and assistant commander.
(vi) A county emergency management coordinator.
(vii) A fire marshal.
(viii) A rescue service chief and assistant chief.
Emission standard--Specified limitations on the discharge of air contaminants into the atmosphere.
* * * * * Fleet average--For the purposes of motor vehicles subject to the Department's Clean Vehicle Program requirements, a motor vehicle manufacturer's average vehicle emissions of all NMOG emissions from vehicles which are produced and delivered for sale in this Commonwealth in any model year.
* * * * * GVWR--Gross Vehicle Weight Rating--The total motor vehicle weight, including load, as designated by the manufacturer of the vehicle.
* * * * * LDT--Light duty truck--A motor vehicle rated at 8,500 pounds gross vehicle weight or less which is designed primarily for purposes of transportation or major components of the vehicle, including, but not limited to chassis, frames, doors and engines. For purposes of Chapter 126, Subchapter D (relating to new motor vehicle emissions control program requirements, a light-duty truck is a motor vehicle, rated at 6,000 pounds gross vehicle weight or less which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.
LDV--Light duty vehicles--A passenger car or light-duty truck.
* * * * * Model year--The manufacturer's annual production period (as determined under 40 CFR 85.2304 (relating to definition of production period) which includes January 1 of the calendar year. If the manufacturer has no annual production period, the term means the calendar year.
* * * * * Motor vehicle--A self-propelled vehicle designed for transporting persons or property on a street or highway.
Motor vehicle manufacturer--A person engaged in the manufacturing or assemblying of new motor vehicles, new motor vehicle engines, new nonroad vehicles, new nonroad engines or importing these vehicles or engines for resale. The term includes a person who acts for and is under the control of any manufacturer in connection with the distribution of new motor vehicles, new motor vehicle engines, new nonroad vehicles, new nonroad engines. The term does not include a dealer with respect to new motor vehicles or new motor vehicle engines received by the dealer in commerce.
* * * * * NLEV--National Low Emission Vehicle.
NLEV Program--A voluntary low emission vehicle program specified in 40 CFR Part 86, Subpart R (relating to general provisions for the voluntary national low emission vehicle program for light-duty vehicles and light-duty trucks) for light-duty vehicles and light-duty trucks.
NMOG--Non-methane organic gases.
* * * * * New motor vehicle or new light-duty vehicle--A motor vehicle for which the equitable or legal title has never been transferred to the ultimate purchaser. For purposes of the Pennsylvania Clean Vehicles Program, the equitable or legal title to a motor vehicle with an odometer reading of 7,500 miles or more shall be considered to be transferred to the ultimate purchaser. If the equitable or legal title to a motor vehicle with an odometer reading is less than 7,500 miles, the vehicle will not be considered to be transferred to the ultimate purchaser.
* * * * * Offset vehicle--A light-duty vehicle which has been certified by California as set forth in CCR, Title 13, Chapter 1, Section 1960.
* * * * * Passenger car--A motor vehicle designed primarily for transportation of persons and having a design capacity of 12 persons or less.
* * * * * Ultimate purchaser--With respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.
* * * * * ZEV--Zero-Emission Vehicle--A light-duty vehicle which is certified to produce zero emissions of any criteria pollutants under any possible operational modes and conditions. Incorporation of a fuel fired heater does not preclude a vehicle from being certified as a ZEV so long as the fuel fired heater cannot be operated at ambient temperatures above 40° F and the heater is demonstrated to have zero evaporative emissions under any operational modes and conditions.
CHAPTER 126. MOBILE SOURCES (Editor's Note: Subchapter D is new and is printed in regular type to enhance readability.)
Subchapter D. NEW MOTOR VEHICLE EMISSIONS CONTROL PROGRAM GENERAL PROVISIONS
Sec.
126.401. Purpose 126.402. NLEV scope and applicability PENNSYLVANIA CLEAN VEHICLES PROGRAM
126.411. General requirements 126.412. Emission requirements 126.413. Exemptions APPLICABLE NEW MOTOR VEHICLE TESTING
126.421. New motor vehicle certification testing 126.422. New motor vehicle compliance testing 126.423. Assembly line testing 126.424. In-use motor vehicle enforcement testing 126.425. In-use surveillance testing MOTOR VEHICLE MANUFACTURERS OBLIGATIONS
126.431. Warranty and recall 126.432. Reporting requirements MOTOR VEHICLE DEALER RESPONSIBILITIES
126.441. Responsibilities of motor vehicle dealers
GENERAL PROVISIONS § 126.401. Purpose.
(a) This subchapter establishes a clean vehicles program under section 177 of the CAA (42 U.S.C.A. § 7507) designed primarily to achieve emission reductions of the precursors of ozone and other air pollutants from new motor vehicles.
(b) This subchapter allows motor vehicle manufacturers to comply with the voluntary NLEV program described in 40 CFR Part 86, Subpart R (relating to general provisions for the voluntary national low emission vehicle program for light-duty vehicles and light-duty trucks), as a compliance alternative to the Pennsylvania Clean Vehicles Program requirements described in §§ 126.411--126.441.
(c) This subchapter recognizes the NLEV program as an acceptable alternative to the clean vehicles program established under section 177 of the CAA and creates the mechanism to meet the requirements of the state opt-in provisions of the NLEV program.
(d) The subchapter adopts and incorporates by reference certain provisions of the California Low Emission Vehicle Program.
(e) The subchapter also exempts certain new motor vehicles from the Pennsylvania Clean Vehicles Program.
§ 126.402. NLEV scope and applicability.
(a) Motor vehicle manufacturers may comply with the NLEV program requirements in 40 CFR Part 86 Subpart R (relating to general provisions for the voluntary national law emission vehicle program for light-duty vehicles and light-duty trucks) as an alternative to complying with the Pennsylvania Clean Vehicles program requirements established in §§ 126.411--126-441. The calculation of the NLEV fleet average value shall exclude ATVs purchased by the Commonwealth.
(b) When a manufacturer chooses NLEV as an alternative to complying with the Pennsylvania Clean Vehicles Program, and if the NLEV program comes into effect, NLEV requirements apply as a compliance alternative for light-duty vehicles, light duty trucks rated at 6,000 pounds GWV or less, and medium duty trucks from 6,001 to 14,000 pounds GWV (if designed to operate on gasoline), until model year 2006 or the first model year for which a mandatory Federal exhaust emissions program for light-duty vehicles and light duty trucks is at least as stringent as the NLEV Program with respect to NMOG, NOx and CO emission standards determined by the Administrator of the EPA, whichever is earlier.
(c) For the purposes of this subchapter, the NLEV program has come into effect if EPA finds that the following conditions have been met and that finding is published in the Federal Register:
(1) Motor vehicle manufacturers listed in 40 CFR 86.1706-97(b) (relating to national LEV program in effect) have lawfully opted in to the NLEV program.
(2) No valid opt-out has become effective under 40 CFR 86.1705-97.
(d) If the NLEV program does not come into effect, the Pennsylvania Clean Vehicles Program applies to all new passenger cars, light-duty trucks and medium duty trucks (if designed to operate on gasoline) sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received or registered in this Commonwealth for the 2001 model year and each model year thereafter.
(e) If NLEV is determined by rulemaking to no longer be in effect or an auto manufacturer exercises a valid opt-out from the NLEV program in accordance with 40 CFR 86.1705-97 (relating to general provisions; opt-in; opt-out), the manufacturer shall comply with the requirements in this subchapter. The transition from the NLEV program to the Pennsylvania Clean Vehicles Program will proceed in accordance with NLEV regulations promulgated under the CAA.
(f) This subchapter does not apply for any model year, motor vehicle, motor vehicle engine, or motor vehicle system for which EPA adopts Federal vehicle emission standards which are more stringent than the requirements of this subchapter.
PENNSYLVANIA CLEAN VEHICLES PROGRAM § 126.411. General requirements.
(a) If the NLEV program does not come into effect is no longer in effect, or an automobile manufacturer opts out of the NLEV program in accordance with the procedures in 40 CFR Part 86, Subpart R (relating to general provisions for the voluntary national low emission vehicle program for light-duty vehicles and light-duty trucks), the provisions of the California Low Emission Vehicle Program, Title 13, CCR, Chapters 1 and 2, are adopted and incorporated herein by reference, and apply except for the following:
(1) The zero emissions vehicle sales mandate in Title 13 CCR Chapter 1, § 1960.1(g)(2) (footnote 9).
(2) The Emissions Control System Warranty Statement in Title 13 CCR Chapter 2, § 2039.
(b) The Pennsylvania Clean Vehicles Program requirements apply to all new passenger cars and light-duty trucks sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received or registered in this Commonwealth for the 2001 model year and subsequent model years.
(c) This subchapter will be effective at least 2 model years before commencement of the Pennsylvania Clean Vehicles Program.
§ 126.412. Emission requirements.
(a) Effective model year 2001, a person may not sell, import, deliver, purchase, lease, rent, acquire, receive or register a new light-duty vehicle, subject to the Pennsylvania Clean Vehicle Program requirements, in this Commonwealth that has not received a CARB Executive Order for all applicable requirements of Title 13 CCR, incorporated herein by reference.
(b) Effective model year 2001, compliance with the fleetwide average in Title 13 CCR Chapter 1, § 1960.1(g)(2), shall be demonstrated for each motor vehicle manufacturer based on the number of new light-duty vehicles delivered for sale in this Commonwealth. This requirement excludes the percentage requirement for zero emission vehicles included in footnote 9 of Title 13 CCR Chapter 1, § 1960.1(g)(2).
(c) Credits and debits for calculating the fleet average shall be based on the number of light-duty vehicles delivered for sale in this Commonwealth and may be accrued and utilized by each manufacturer according to procedures in Title 13 CCR Chapter 1, § 1960.1(g)(2).
(d) New motor vehicles subject to the emission standards of this subchapter shall possess a valid emissions control label which meets the requirements of Title 13 CCR Chapter 1, § 1965, incorporated herein by reference.
§ 126.413. Exemptions.
(a) The following new motor vehicles are exempt from the Pennsylvania Clean Vehicles Program requirements of this subchapter:
(1) Emergency vehicles.
(2) A light-duty vehicle transferred by a dealer to another dealer.
(3) A light-duty vehicle transferred for use exclusively off-highway.
(4) A light-duty vehicle transferred for registration out of state.
(5) A light-duty vehicle granted a National security or testing exemption under section 203(b)(1) of the CAA (42 U.S.C.A. § 7522(b)(1)).
(6) A light-duty vehicle held for daily lease or rental to the general public which is principally operated outside of this Commonwealth.
(7) A light-duty vehicle engaged in interstate commerce which is principally operated outside of this Commonwealth.
(8) A light-duty vehicle acquired by a resident of this Commonwealth for the purpose of replacing a vehicle registered to the resident which was damaged, or became inoperative, beyond reasonable repair or was stolen while out of this Commonwealth if the replacement vehicle is acquired out of this Commonwealth at the time the previously owned vehicle was either damaged or became inoperative or was stolen.
(9) A light-duty vehicle transferred by inheritance or court decree.
(10) A light-duty vehicle defined as a military tactical vehicle or engines used in military tactical vehicles including a vehicle or engine excluded from regulation under 40 CFR 85.1703 (relating to application of section 216(2)).
(11) A light-duty vehicle sold after ____(Editor's Note: The blank refers to the effective date of adoption of this proposal) if the vehicle was registered in this Commonwealth before ____(Editor's Note: The blank refers to the effective date of adoption of this proposal).
(12) A light-duty vehicle having a certificate of conformity issued under the CAA and originally registered in another state by a resident of that state who subsequently establishes residence in this Commonwealth and upon registration of the vehicle provides satisfactory evidence to the Department of Transportation of the previous residence and registration.
(b) To register any exempted vehicle, the person seeking registration shall provide satisfactory evidence, as determined by the Department of Transportation, demonstrating that the exemption is applicable.
APPLICABLE MOTOR VEHICLE TESTING § 126.421. New motor vehicle certification testing.
(a) Prior to being offered for sale or lease in this Commonwealth, new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements shall be certified as meeting the motor vehicle requirements of Title 13 CCR Chapter 1, § 1960.1 as determined by testing in accordance with Title 13 CCR Chapter 2, §§ 2101-2110, 2150 and 2151, incorporated herein by reference.
(b) For purposes of complying with subsection (a), new vehicle certification testing determinations and findings made by CARB are applicable.
§ 126.422. New motor vehicle compliance testing.
(a) Prior to being offered for sale or lease in this Commonwealth, new motor vehicles subject to Pennsylvania Clean Vehicles Program requirements of this subchapter shall be certified as meeting the motor vehicle requirements of Title 13 CCR Chapter 1, § 1960.1, as determined by New Vehicle Compliance Testing, conducted in accordance with Title 13 CCR Chapter 2, §§ 2101-2110, 2150 and 2151, and incorporated herein by reference.
(b) For purposes of complying with subsection (a), new vehicle compliance testing determinations and findings made by CARB are applicable.
§ 126.423. Assembly line testing.
(a) Each manufacturer of new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements of this subchapter, certified by CARB and sold or leased in this Commonwealth, shall conduct inspection testing and quality audit testing in accordance with Title 13 CCR Chapter 2, §§ 2061, 2106, and 2107, incorporated herein by reference.
(b) For purposes of complying with subsection (a), inspection testing and quality audit testing determinations and findings made by CARB are applicable.
(c) If a motor vehicle manufacturing facility which manufactures vehicles for sale in this Commonwealth certified by CARB is not subject to the inspection testing and quality audit testing requirements of the CARB, the Department may, after consultation with CARB, require testing in accordance with Title 13 CCR Chapter 2, §§ 2061, 2106, 2107 and 2150, incorporated herein by reference. Upon a manufacturer's written request and demonstration of need, functional testing under the procedures incorporated in Title 13 CCR Chapter 2, § 2061 of a statistically significant sample may substitute for the 100% testing rate in Title 13 CCR Chapter 2, § 2061, with the written consent of the Department.
§ 126.424. In-use motor vehicle enforcement testing.
(a) For purposes of detection and repair of motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements which fail to meet the motor vehicle emission requirements of Title 13 CCR Chapter 1, § 1960.1, the Department may, after consultation with CARB, conduct in-use vehicle enforcement testing in accordance with the protocol and testing procedures in Title 13 CCR Chapter 2, §§ 2136-2140, incorporated herein by reference.
(b) For purposes of compliance with subsection (a), in-use vehicle enforcement testing determinations and findings made by CARB are applicable.
(c) The results of testing conducted under this section will not affect the result of any emission test conducted under 67 Pa. Code Chapter 177 (relating to enhanced emission inspection).
§ 126.425. In-use surveillance testing.
(a) For purposes of testing and monitoring the overall effectiveness of the Pennsylvania Clean Vehicles Program in controlling emissions, the Department may conduct in-use surveillance testing after consultation with CARB.
(b) For purposes of program planning, in-use surveillance testing determinations and findings made by CARB are applicable.
(c) The results of in-use surveillance testing conducted under this section will not affect the result of any emission test conducted under 67 Pa. Code Chapter 177 (relating to enhanced emission inspection).
VEHICLE MANUFACTURERS' OBLIGATIONS § 126.431. Warranty and recall.
(a) A manufacturer of new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements of this subchapter which are sold, leased, offered for sale or lease or registered in this Commonwealth, shall warrant to the owner that each vehicle shall comply over its period of warranty coverage with the requirements of Title 13 CCR Chapter 2, §§ 2035-2038, 2040, and 2041, incorporated herein by reference.
(b) Each motor vehicle manufacturer shall submit to the Department failure of emission-related components reports, as defined at Title 13 CCR Chapter 2, § 2144, for motor vehicles subject to the Pennsylvania Clean Vehicles Program in compliance with the procedures in Title 13 Chapter 2, CCR §§ 2141-2149, incorporated herein by reference.
(c) For motor vehicles subject to the Pennsylvania Clean Vehicles Program, any voluntary or influenced emission-related recall campaign initiated by any automobile manufacturer under Title 13 CCR Chapter 2, §§ 2113-2121 shall extend to all new motor vehicles sold, leased, offered for sale or lease or registered in this Commonwealth.
§ 126.432. Reporting requirements.
(a) For the purposes of determining compliance with the Pennsylvania Clean Vehicles Program, commencing with the 2001 model year, each manufacturer shall submit annually to the Department, within 60 days of the end of each model year, a report documenting the total deliveries for sale of vehicles in each engine family over that model year in this Commonwealth.
(b) For purposes of determining compliance with the Pennsylvania Clean Vehicles Program, each motor vehicle manufacturer shall submit annually to the Department, by March 1 of the calendar year following the close of the completed model year, a report of the fleet average NMOG emissions of its total deliveries for sale of LDVs in each engine family for Pennsylvania for that particular model year. The fleet average report, calculating compliance with the fleetwide NMOG exhaust emission average, shall be prepared according to the procedures in Title 13 CCR Chapter 1, § 1960.1(g)(2).
(c) Fleet average reports shall, at a minimum, identify the total number of vehicles including offset vehicles sold in each engine family delivered for sale in this Commonwealth and California, respectively, the specific vehicle models comprising the sales in each state and the corresponding certification standards, and the percentage of each model sold in this Commonwealth and California in relation to total fleet sales in the respective states.
MOTOR VEHICLE DEALER RESPONSIBILITIES § 126.441. Responsibilities of motor vehicle dealers.
(a) A dealer may not sell, offer for sale or lease or deliver a new motor vehicle subject to this subchapter unless the vehicle conforms to the following standards and requirements contained in Title 13 CCR Chapter 2, § 2151 and incorporated herein by reference:
(1) Ignition timing is set to manufacturer's specification with an allowable tolerance of ±3 degrees.
(2) Idle speed is set to manufacturer's specification with an allowable tolerance of ±100 revolutions per minute.
(3) Required exhaust and evaporative emission controls including exhaust gas recirculation (EGR) valves, are operating properly.
(4) Vacuum hoses and electrical wiring for emission controls are correctly routed.
(5) Idle mixture is set to manufacturer's specification or according to manufacturer's recommended service procedure.
[Pa.B. Doc. No. 97-1940. Filed for public inspection November 28, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
