QUALITY BOARD

[25 PA. CODE CHS. 121 AND 1261

Pennsylvania Clean Vehicles Program

[36 Pa.B. 715]

The Environmental Quality Board (Board) proposes to amend Chapter 126, Subchapter D

(relating to new motor vehicle emissions control program). The proposed rulemaking

postpones the compliance date from model year (MY) 2006 to MY 2008 and updates

definitions in § 121.1 (relating to definitions) for terms that are used in the substantive

provisions in Subchapter D. The amendments also propose to clarify the Pennsylvania

Clean Vehicles Program (Program) in Subchapter D and to specify in that subchapter a

transition mechanism for compliance with the Program.

This proposed rulemaking was adopted by the Board at its meeting of October 18, 2005.

A. Effective Date

This proposed rulemaking will go into effect upon final-form publication in the

Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Arleen Shulman, Chief, Mobile Sources Section, Bureau

of Air Quality, P. 0. Box 8468, Harrisburg, PA 17 105-8468, (717) 772-3926; or Kristen M.Campfield, Assistant Counsel, Bureau of Regulatory Counsel, P. 0. Box 8464, Harrisburg,

PA 17105-8464, (717) 787-7060. information regarding submitting comments on this

proposed rulemaking appears in Section J of this preamble. Persons with a disability mayuse the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).This proposed rulemaking is available on the Department of Environmental Protection’s

(Department) website (www. depweb .state.pa.us).C. Statutoiy Authority

The proposed rulemaking is being made under section 5 of the Air Pollution Control Act

(act) (35 P. S. § 4005), which in subsection (a)(1) grants the Board the authority to adopt

regulations for the prevention, control, reduction and abatement of air pollution, in

subsection (a)(7) grants the Board the authority to adopt regulations designed to reduce

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provide a transition mechanism from the National Low Emissions Vehicle (NLEV) program

and to help ensure “identicality” with the California program. The purpose of this proposed

rulemaking is also to clarify the Program to reflect post-1998 amendments ofthe Californiaprovisions incorporated by reference and to reflect the end ofthe NLEV compliance option.

By amending the regulations to reflect changes in the California requirements and by

providing flexibility for the vehicle manufacturers during implementation, citizens in this

Commonwealth can obtain the air quality benefits of this Program with a minimized impact.

Postponement ofthe Program from MY 2006 to MY 2008 does not significantly affect

long-term air quality and economic benefits. Cost savings for manufacturers and consumers

would also be realized with the delayed compliance schedule.

The Commonwealth intends to suspend its enforcement of the Program during the

rulemaking process. The existing Program will remain part of the Commonwealth’s State

Implementation Plan (SIP) until this proposed rulemaking is adopted and approved as a

revision to the SIP.

The Program does not mandate the sale or use ofreformulated motor fuels that comply

with the specifications for reformulated motor fuels mandated by California. The courts

have held that a state’s failure to adopt California fuel requirements does not violate therequirement in section 177 of the CAA (42 U.S.C.A. § 7507) that state emission standards

be identical to the California standards for which a waiver has been granted. Motor Vehicle

Manufacturers Association ofthe United States v. New York State Department ofEnvironmental Conservation, 17 F.3d 521 (2d Cir. 1994); American AutomobileManufacturers Association v. Greenbaum, No. 93-10799-MA (D. Mass. Oct. 27, 1993)

affd., 31 F.3d 18 (lstCir. 1994).

In addition, the Program does not incorporate the California zero emissions vehicle (ZEV)

provisions. Section 177 of the CAA does not require adoption of all California standards,

but only requires that if a state adopts motor vehicle standards those standards be identical

to the California standards. The United States Environmental Protection Agency (EPA)

concludes that states adopting a Section 177 program need not adopt California’s ZEV

requirements to comply with the CAA requirements for identical standards under section

177 of the CAA. (See 60 FR 4712 (January 24, 1995).)

Retaining and updating the California low emission vehicle (LEV) program in this

Commonwealth is consistent with the actions of other northeastern states. Maine,

Massachusetts, New York and Vermont adopted the California LEV program in the first

instance, as did the Commonwealth, but they did not provide the NLEV compliance optionlike the Commonwealth did. Those states have revised their regulations to incorporate theCalifornia Low Emissions Vehicle II (LEV II) provisions. Other northeastern states adopted

the California LEV program and the NLEV compliance option in the first instance, like the

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respiratory ailments and other symptoms when they are exposed to ambient ozone while

engaged in activities that involve physical exertion. Though the symptoms are often

temporary, repeated exposure could result in permanent lung damage. The implementation

of measures to address ozone air quality nonattainment in this Commonwealth is necessary

to protect the public health.

Gasoline-powered motor vehicles primarily emit three pollutants: carbon monoxide,

volatile organic compounds (VOCs) and oxides of nitrogen (NOx). Ozone is not directly

emitted by motor vehicles, but is created as a result ofthe chemical reaction of NOx and

VOCs, in the presence of light and heat, to form ozone in air masses traveling over longdistances. The formation of ozone is greater in the summer months because of the higher

temperatures. About 1/3 of this Commonwealth’s ozone-forming pollution comes frommotor vehicles.

The CAA was amended in 1977 to allow States to adopt emission standards for motor

vehicles. Section 177 of the CAA authorizes states to adopt and enforce new motor vehicle

emission standards for any model year ifthe standards are identical to the California

standards and the state adopts the standards at least 2 years before the beginning of the

model year. California’s standards must also have been granted a waiver from the CAA’sprohibition against state emission standards. (See section 177 ofthe CAA.). A Federal court

of appeals has ruled that states may adopt, but not enforce, California emissions standards

before the EPA has acted on California’s waiver request. Motor Vehicle Manufacturers

Association ofthe United States v. New York State Department ofEnvironmental

Conservation, 17 F.3d 521, 534 (2d Cir. 1994). If a state does not adopt California’s

standards, vehicle manufacturers and others are subject to the Federal emissions standards

established by the EPA.

Congress amended section 177 of the CAA in 1990 to prohibit states from taking any

action that would have the effect of creating a motor vehicle or motor vehicle engine

different from a motor vehicle or motor vehicle engine certified in California under

California standards or otherwise create a “third vehicle.” Shortly thereafter, many states

began to consider clean vehicle or LEV programs as a control strategy to achieve and

maintain the National Ambient Air Quality Standard (NAAQS) for ozone.

Congress also recognized that ground level ozone is a regional problem not confined to

state boundaries. Section 184 ofthe CAA (42 U.S.C.A. § 751 ic) established the Northeast

Ozone Transport Commission (OTC) to assist in developing recommendations for the

control ofinterstate ozone air pollution. The Commonwealth is a member ofthe OTC.

Shortly after establishment of the OTC, the member states began negotiating with the

vehicle manufacturers for cleaner cars to address regional air quality needs. In 1998, the

EPA adopted regulations for a voluntary alternative LEV program, called the NLEV

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as a compliance alternative to the Pennsylvania Clean Vehicle Program. The Pennsylvania

Clean Vehicle Program incorporates by reference the LEV program of California as a“backstop” to the NLEV program in the event a vehicle manufacturer opted out ofthe

NLEV program and at the conclusion ofthe NLEV program. The Pennsylvania Clean

Vehicle Program incorporates by reference emission standards for passenger cars and lightduty trucks identical to the low emission standards adopted by California, except that it does

not incorporate by reference the California ZEV or emissions control warranty systems

statement provisions.

The Commonwealth’s participation in the NLEV program extended only until MY 2006,

at which time vehicle manufacturers were no longer able to use NLEV as a compliance

alternative to the Program. In practical terms, the NLEV program was replaced for MY

2004 and later by the more stringent Federal “Tier II” vehicle emissions regulations andvehicle manufacturers operating under the NLEV program became subject to the Tier II

requirements. See 65 F.R. 6698 (February 10, 2000).

California adopted its LEV regulations, known as LEV I, in 1991. California’s LEV I

requirements were generally applicable in California in MY 1994. The EPA granted awaiver of Federal preemption for California’s LEV I program at 58 F.R. 4166 (January 13,

1993). California adopted revised LEV regulations in 1996, for MYs 2004 and later, known

as LEV II. The EPA granted a waiver of Federal preemption for California’s LEV II

program at 68 F.R. 19811 (April 22, 2003).

Since neither the Federal Tier II nor California LEV II standards had been established

when the Commonwealth adopted the Program in 1998, it was uncertain which programwould be more appropriate for this Commonwealth in the long run. Because ofthis, theBoard stated an intention in the final-form rulemaking published at 28 Pa.B. 5873, 5875 toreassess the air quality needs and emission reduction potential of both programs in advance

of the end of the Commonwealth’s commitment to the NLEV program.

The assessment is now complete. It shows that this Commonwealth will experience more

air pollution reduction benefits from regulating light-duty cars and trucks under theCalifornia LEV II requirements than under the Federal Tier II requirements.

With the California LEV II program, this Commonwealth will achieve additional VOC

and NOx emission reductions of about 2,850 to 6,170 tons per year of VOCs, 3,540 tons per

year of NOx and 5% to 11% total reduction of six toxic air pollutants (including benzene

with 7% to 15% more benefit) by 2025, when full fleet turnover is expected.

Highway vehicles contribute significantly to the emissions that form ozone. Ground-level

ozone or smog affects the health of millions of citizens in this Commonwealth, in particularchildren and those with existing respiratory diseases. The problem is still pervasive today

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would not achieve and maintain the health-based 8-hour NAAQS for ground level ozone.Furthermore, ifthe standards are not attained and maintained in nonattainment areas, these

areas would be subject to additional requirements that could affect their

industrial/commercial facilities. Postponement of the Program from MY 2006 to MY 2008

does not significantly affect long-term air quality and economic benefits.

Copies ofthe Commonwealth’s mobile source modeling consultant’s analyses are

available from the contact persons in Section B of this preamble.

The Program in Chapter 126, Subchapter D applies to vehicle manufacturers, new vehicle

dealers, leasing and rental agencies and other registrants. Under the Program, a person may

not sell, import, deliver, purchase, lease, rent, acquire, receive or register a new passenger

car or light-duty truck (with some exceptions) in this Commonwealth that has not receivedcertification from the California Air Resources Board (CARB) for compliance with theLEV II program. To receive CARB certification for a vehicle make and model, a

manufacturer must demonstrate to CARB that the vehicle test group associated with the

specific make and model meets specified criteria pollutant standards and that the

manufacturer’s low emission fleet as a whole meets the NMOG fleet average standard.

In addition to requiring CARB certification, the Program requires that manufacturers

demonstrate that the California NMOG fleet average standard is met based on the numberof new light-duty vehicles delivered for sale in this Commonwealth.

California recently added a greenhouse gas fleet average requirement to its LEV II

program beginning with MY 2009. California’s program addresses emissions of carbon

dioxide, methane, nitrous oxide; hydrofluoro- carbons, perfluorocarbons and sulfur

hexafluoride from LEVs offered for sale in California. California adopted a greenhouse gas

fleet average on the basis that greenhouse gases trap atmospheric heat and contribute to

global warming. The greenhouse gas fleet average will have to be met in California toobtain CARE certification.

Therefore, this Commonwealth will realize the benefits of California’s greenhouse gas

certified vehicles through the Commonwealth’s existing requirement that new vehicles haveCARB certification. California estimates that the program, when fully phased-in, will

provide about a 30% reduction in greenhouse gas emissions from new vehicles required to

comply compared to the 2002 fleet. The Department anticipates that this Commonwealth

will achieve similar results. California is currently defending its greenhouse gas regulations

against legal challenges filed by the auto industry.

The Department consulted with the Air Quality Technical Advisory Committee (AQTAC)

on the proposed rulemaking on April 21, 2005, and June 16, 2005. At the June 16, 2005,

meeting, the AQTAC recommended that the Board approve the amendments as a proposed

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E. Summaty ofRegulatory Requirements

This proposed rulemaking deletes the definitions of “debit” and “ZEV--zero-emission

vehicle” from Chapter 121 (relating to definitions) because the terms are already defined inthe California regulations incorporated by reference in Chapter 126. The proposedrulemaking deletes the definitions of “NLEV” and “NLEV Program” because they are nolonger relevant. The proposed rulemaking makes typographical corrections to the

definitions of “fleet average” and “LDV--light-duty vehicles” and amends the definition of

“offset vehicle.” The definition “LDT--light-duty truck” is amended to incorporate a separate

definition of”light duty truck” used in § 129.52 (relating to surface coating processes) and,

for purposes of this proposed rulemaking, to be consistent with the California program. The

separate definition of “light duty truck” is deleted as it is proposed to be incorporated into

the definition of “LDT--Iight-duty truck.”

The proposed revisions to Chapter 126, Subchapter D (relating to new motor vehicle

emissions control program) amend the title of Subchapter D to reflect the cessation of the

NLEV program. The proposed amendments delete the NLEV provisions in § 126.40 1(b)

and 126.402 (relating to purpose; and NLEV scope and applicability).

Throughout Subchapter D, cross references to the California regulations are updated,

reflecting the 1999 restructuring of California’s regulations. These amendments are

proposed to make Subchapter D clearer and easier to understand, and to reduce the need for

future revisions if California restructures its regulations again. Amendments of this nature

are not individually addressed in this preamble.

The proposed amendments to § 126.411(a) (relating to general requirements) postpone the

model year to which the Program will first apply from the model year beginning after

December 5, 2000, to MY 2008.

Proposed amendments to § 126.41 1(b)(1) update the cross-reference to, and retain the

Commonwealth’s specific exclusion of, California’s ZEV program, by replacing “ 1960.1(g)(2) (footnote 9),” with “ 1962.” This is an example ofthe cross reference amendments

reflecting California’s 1999 regulatory restructuring.

The proposed amendments to § 126.4 12(a) (relating to emission requirements) postpone

the first model year for which a person is prohibited from selling, importing, delivering,

purchasing, leasing, renting, acquiring, receiving or registering a vehicle subject to the

Program if the vehicle has not received CARB certification, from the model year beginning

after December 5, 2000, to MY 2008.

The proposed amendments to § 126.412(b) change the first model year for which

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§ 

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intent of the section, which is to allow a vehicle dealer to transfer a non-CARB certified

new vehicle as long as the vehicle will not ultimately be sold in this Commonwealth as anew vehicle.

The proposed amendment to § 126.413(a)(ll) conforms the model year registration cut

off for vehicle exemption with the MY 2008 start date of CARB certification and NMOG

fleet average requirements.

New § 126.413(a)(13) is proposed to exempt vehicles transferred for the purpose of

salvage. This paragraph is added to ensure that salvage and metal scrap operations in thisCommonwealth may accept salvaged new motor vehicles that may not have CARBcertification.

The Board approved an amendment to the proposed rulemaking at the Board’s October 18,

2005, meeting, which appears as new § 126.413(a)(14). This amendment exempts vehicles

purchased or leased from an out-of-State dealer by a resident ofthis Commonwealth for thepersonal use of the resident and not for immediate resale. The amendment is designed toreflect the intention of the Commonwealth not to deny registration of a non-CARB certified

vehicle in this situation. The Board specifically seeks comments on the scope of the

exemption, namely, whether the exemption should cover the registration requirement or a

broader range ofrequirements.

Proposed amendments to the motor vehicle testing provisions require vehicle

manufacturers to provide CARE testing determinations and findings to the Departmentupon request. The revised sections are §sS 126.421(b), 126.422(b), 126.423(b), 126.424(b)

and 126.425(b).

Section 126.43 1(b) (relating to warranty and recall) requires each vehicle manufacturer to

submit to the Department failure of emission-related components reports. The proposedamendments allow a vehicle manufacturer to submit to the Department copies of the reports

the manufacturer submitted to CARB for purposes of compliance with this subsection.

The proposed amendments to § 126.43 1(c) clarify that any voluntary or influenced

emission-related recall campaign initiated by any motor vehicle manufacturer under theCalifornia program shall extend to all motor vehicles sold, leased, offered for sale or lease

or registered in this Commonwealth that would be subject to the recall campaign ifsold,leased, offered for sale or lease or registered as a new motor vehicle in California.

New § 126.43 1(d) provides that any order issued by CARE or enforcement action taken

by CARB to correct noncompliance with any provision of Title 13 CCR, which results in

the recall of any vehicle under Title 13 CCR, Chapter 2, shall be deemed to apply to all

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requirement applies from the model year beginning after December 5, 2000, to MY 2008.The proposed amendments to § 126.432 change the term “engine family” to “test group” to

conform to California’s change in terminology. Proposed subsection (d) requires thatcompliance with the NMOG fleet average for MYs 2008--2010 be demonstrated following

the completion of MY 2010.

New vehicle dealer responsibilities are clarified in the proposed amendments to § 126.441

(relating to responsibilities of motor vehicle dealers), which reiterates the prohibitionagainst a new vehicle dealer selling, offering for sale or lease or delivering a vehicle subject

to the Program unless the vehicle has received the requisite CARB certification.

The Board approved an amendment to the proposed rulemaking at the Board’s October 18,

2005, meeting, which appears as new § 126.451 (relating to responsibilities of the

Department). This amendment would require the Department to monitor and advise theBoard in specific ways of any proposed or final rulemakings under consideration by CARB

that amend or modifi the California LEV program. This amendment would also require theDepartment to submit comments to CARB on proposed or final CARB rulernakings. This

amendment is designed to ensure that the Board and other residents ofthis Commonwealth

are informed about changes that might occur in the California program and able fully toappreciate the impact of a CARB rulemaking on residents ofthis Commonwealth. The

Board is specifically seeking comment on this proposed amendment.F. Benefits, Costs and Compliance

Benefits

The proposed rulemaking will save the manufacturers, dealers and purchasers of lightduty vehicles and trucks from incurring any additional costs for CARB-certified vehicles for

2 model years. Implementation of the Program in accordance with the proposed rulemaking

will contribute to the attainment and maintenance ofthe health-based ozone NAAQS in this

Commonwealth due to emission reductions from the operation of low emission passengercars and light-duty trucks. The Commonwealth’s analyses indicate that, by implementing

the California LEV II program under the proposed rulemaking, the Commonwealth will

experience emission benefits when compared to the Federal program. By 2025, when full

fleet turnover is expected, the California LEV II program will provide an additional 2,850 to6,170 tons per year of VOCs, 3,540 tons per year of NOx and 5% to 11% more reduction of

six toxic air pollutants, including a 7% to 15% additional benefit for benzene, a knowncarcinogen. The Commonwealth will also realize the benefits of California’s greenhouse gascertified vehicles. CARB estimates that the program, when fully phased-in, will provideabout a 30% reduction in greenhouse gas emissions from new vehicles required to comply

compared to the 2002 fleet.

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realized. The existing regulations and the proposed rulemaking will apply to vehicle

manufacturers, new vehicle dealers, leasing and rental agencies and other registrants, who

sell, import, deliver, purchase, lease, rent, acquire, receive or register light-duty automobiles

or trucks in this Commonwealth. No new costs will be incurred as a result of the proposed

rulemaking compared to the costs that would be experienced without the proposedrulemaking.

In September 2004, CARB estimated that by MY 2016 the operational efficiency savings

of vehicles meeting greenhouse gas requirements will provide vehicle owners an overallcost savings of S3.50 to $7 per month, assuming $1.74 per gallon of gasoline. CARBestimated the greenhouse gas-related initial investment costs, possibly reflected in sticker

prices, will start under $50 per vehicle for MY 2009, be approximately $350 in 2012 and

$1,000 per vehicle in MY 2016. Vehicle manufacturers disagree with CARB’s greenhouse

gas estimate, citing initial costs of as much as $3,000 per vehicle.

The Commonwealth offers rebates to consumers for the initial purchase of hybrid electric

vehicles and offers grants to alternative fuel vehicle buyers. These rebates and grants could

offset any additional initial costs that might be passed on to consumers under the existing oramended Program. Additionally, CARB-certified vehicles have more robust emissionscontrol systems warranties that can save purchasers additional out-of-pocket repair costs as

vehicles age.

Compliance Assistance Plan

Compliance assistance with the Program will be provided to affected parties, primarily

new vehicle dealers, through appropriate State trade organizations in the distribution of

information to their membership. Information concerning the program will also be providedto consumers through the media, Department publications, the Internet and appropriate

motorist and other organizations.

The Commonwealth offers rebates to consumers for the initial purchase of hybrid electric

vehicles and offers grants to alternative fuel vehicle buyers. These incentives may help

vehicle manufacturers meet their obligations under the Program.

Paperwork Requirements

No additional paperwork requirements will be imposed by the proposed rulemaking.

When the Program is implemented, vehicle manufacturers will be required to submit

paperwork demonstrating compliance with the emission standards and other requirements of

the Program. Motor vehicle dealers, leasing and rental agencies and other registrants of new

motor vehicles must demonstrate to the DOT’s Bureau of Motor Vehicles that new vehicles

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strategies. Pollution prevention practices can provide greater environmental protection with

greater efficiency because they can result in significant cost savings to facilities that

permanently achieve or move beyond compliance. This regulation has incorporated the

following pollution prevention incentives:

The existing regulations and proposed amendments give vehicle manufacturers the

freedom to select technologies that prevent pollution. Similarly, vehicle manufacturers are

given the freedom to select exhaust treatment technologies to meet the requirements. Air

pollution will be reduced by requiring vehicle manufacturers to produce vehicles that lower

emissions at their source. Because California warranties are longer, they also provide

incentives for longer-lived vehicles, and thus a potentially lower rate of vehicle serappage.

H. Sunset Review

These regulations will continue to be reviewed in accordance with the sunset review

schedule published by the Department to determine whether the regulations effectivelyfulfill the goals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 31,

2006, the Department submitted a copy of this proposed rulemaking and a copy of aRegulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and

the Chairpersons ofthe House and Senate Environmental Resources and Energy

Committees. A copy of this material is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments,

recommendations or objections to the proposed rulemaking within 30 days of the close of

the public comment period. The comments, recommendations or objections must specifythe regulatory review criteria which have not been met. The Regulatory Review Act

specifies detailed procedures for review, prior to final publication of the rulemaking, by the

Department, the General Assembly and the Governor of comments, recommendations orobjections raised.J. Public Comments

Written Comments--Interested persons are invited to submit comments, suggestions or

objections regarding the proposed rulemaking to the Environmental Quality Board, P. 0.

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

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transmission.K. Public Hearings

The Board will hold three public hearings for the purpose of accepting comments on this

proposed rulemaking. The hearings will be held as follows:

March 14, 2006 Department of Environmental Protection

1 p.m. Southwest Regional Office

Waterfront A and B Conference Room

400 Waterfront Drive

Pittsburgh, PA 15222.

March 20, 2006 Department of Environmental Protection

7 p.m. Rachel Carson State Office Building, Room 105

400 Market Street

Harrisburg, PA 17105

March 28, 2006 Marple Township Municipal Building

10 a.m 227 South Sproul Road

Springfield and Sproul Roads

Broomall, PA 19008

Individuals who would like to present testimony at the hearings must contact Natalie

Shepherd, Environmental Quality Board, P. 0. Box 8477, Harrisburg, PA, 17 105-8477,

(717) 787-4526 at least 1 week in advance of the hearing to reserve a time to present

testimony. Oral testimony will be limited to 10 minutes for each witness. Witnesses arerequested to use this time to summarize their written testimony. Witnesses are requested to

submit three written copies of their statement to the hearing chairperson at the hearing. Each

organization is requested to designate one witness to present testimony on its behalf.

Persons with a disability who wish to attend the public hearings and require an auxiliary

aid, service or other accommodation to participate should contact Natalie Shepherd at (717)787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to

discuss how the Department may accommodate their needs.

KATHLEEN A. MCGINTY,

Chairperson

Fiscal Note: 7-3 98. No fiscal impact; (8) recommends adoption.

Annex A

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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:

* * * * *

jDebit--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.j

* * * * *

Fleet average--For the purposes ofmotor vehicles subject to Pennsylvania’s Clean

Vehicles Program requirements, a motor vehicle manufacturer’s average vehicle

jomissionsj emissions of all NMOG emissions from vehicles which are produced and

delivered for sale in this Commonwealth in any model year.

* * * * *

LDT--light-duty truck--jAj

(i) For purposes of § 129.52 (relating to surface coating processes), a light-duty

truck is 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.

(ii) For purposes of Chapter 126, Subchapter D (relating to mew motor vehicle

emissions control program requirementsj the Pennsylvania Clean Vehicles Program),a light-duty truck is janyl a motor vehicle, rated at 16,000] 8,500 pounds gross vehicle

weight or less which is designed primarily for purposes oftransportation of property or is aderivative ofsuch a vehicle, or is available with special features enabling off-street or off

highway operation and use.

LD V--light-duty [vehicles] vehicle--A passenger car or light-duty truck.

* * * * *

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NLEVProgram--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.]

* * * * *

Offset vehicle--A light-duty vehicle which has been certified by California as set forth in

the CCR, Title 13, Chapter 1j, Section 1960].

* * * * *

[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 if the fuel fired heater cannot be operated at ambient temperatures

above 40°F the heater is demonstrated to have zero evaporative emissions under any

operational modes and conditions.]

CHAPTER 126. MOTOR VEHICLE AND FUELS PROGRAMS

Subchapter D. [NEW MOTOR VEHICLE EMISSIONS CONTROLI

PENNSYLVANIA CLEAN VEHICLES PROGRAM

GENERAL PROVISIONS

§ 126.40 1. Purpose.

* * * * *

(b) [This subchapter allows motor vehicle manufacturers to comply with the

voluntary NLEV program described in 40 CFR Part 86, Subpart R (relating to generalprovisions 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 and creates the mechanism to meet the requirements of the state opt-in provisions of the NLEV

Program.

(c)] * * *

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voluntary national low emission vehicle program for light

duty vehicles and light

duty

trucks) as an alternative to complying with the Pennsylvania Clean Vehicles Program

requirements in § 126.411--126.441.

(b) The Commonwealth’s participation in the NLEV Program extends until model

year 2006, except as provided in 40 CFR 86.1707. If no later than December 15, 2000,

the EPA does not adopt standards at least as stringent as the NLEV standardsprovided in 40 CFR Part 86, Subpart R that apply to new motor vehicles in Model

Year 2004, 2005 or 2006, the Commonwealth’s participation in the NLEV program

extends only until Model Year 2004, except as provided in 40 CFR 86.1707.

(c) For the duration of the Commonwealth’s participation in the NLEV Program,

manufacturers may comply with the NLEV standards or equally stringent mandatoryFederal standards in lieu of compliance with the Pennsylvania Clean Vehicles

Program established in § 126.411--126.441 or any program, including any mandatesfor sales of ZEVs adopted by Pennsylvania under section 177 of the Clean Air Act (42U.S.C.A § 7507) applicable to passenger cars, light-duty trucks up through 6,000

pounds GVWR or medium-duty vehicles from 6,001 to 14,000 pounds GVWR if

designed to operate on gasoline, as these categories of motor vehicles are defined inCCR, Title 13, Division 3, Chapter 1, Article 1, Section 1900.

(d) Except as provided in subsections (a) and (c), the Pennsylvania Clean Vehicles

Program applies to all new-passenger cars, and light-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 starting

with the model year beginning after December 5, 2000, and each model year

thereafter.

(e) If a covered manufacturer, as defmed in 40 CFR 86.1702 (relating to definitions)

opts out of the NLEV Program under the EPA NLEV regulations in 40 CFR 86.1707,

the transition from the NLEV requirements to the Pennsylvania Clean Vehicles

Program or any Pennsylvania Section 177 Program applicable to passenger cars, lightduty trucks up through 6,000 pounds GVWR or medium-duty vehicles from 6,001pounds to 14,000 pounds GVWR if designed to operate on gasoline, as these categories

of motor vehicles are defined in CCR, Title 13, Division 3, Chapter 1, Article 1, Section

1900, will proceed in accordance with the EPA NLEV regulations in 40 CFR 86.1707.1

PENNSYLVANIA CLEAN VEHICLES PROGRAM

§ 126.411. General requirements.

(a) The Pennsylvania Clean Vehicles Program requirements apply to all new passenger

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requirement in Title 13

CCR Chapter 1, § 11960.1(g)(2) (footnote 9),j 1962.

(2) The emissions control system warranty statement in Title 13 CCR, Chapter 121 1,

§ 2039.

§ 126.412. Emission requirements.

(a) Starting with the model year (beginning after December 5, 20001 2008, a person

may not sell, import, deliver, purchase, lease, rent, acquire, receive or register a new lightduty vehicle, subject to the Pennsylvania Clean Vehicles 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) Starting with the model year (beginning after December 5, 20001 2008, compliance

with the NMOG fleetwide average in Title 13 CCR Chapter 1, § 11960.1(g)(2),1 1961 shall

be demonstrated for each motor vehicle manufacturer based on the number of new lightduty vehicles delivered for sale in this Commonwealth. (This requirement excludes the

percentage requirement for zero emission vehicles in-cluded in footnote 9 of Title 13

CCR Chapter 1, § 1960.1(g)(2).j

(c) Credits and debits for calculating the NMOG 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)1.

(d) NMOG fleet average credits generated during the 2008, 2009 and 2010 model

years may be applied toward any of the model years 2008 through 2010 for thepurpose of demonstrating compliance with subsections (b) and (c).

(e) New motor vehicles subject to the requirements ofthis subchapter shall possess a

valid emissions control label which meets the requirements of Title 13 CCR Chapter 11,

§ 1965, incorporated herein by referencej.

§ 126.413. Exemptions.

(a) The following new motor vehicles are exempt from the Pennsylvania Clean Vehicles

Program requirements ofthis subchapter:

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(13) A vehicle transferred for the purpose of salvage.(14) A light-duty vehicle purchased or leased from an out-of-State dealer by a

resident of this Commonwealth for the personal use of the resident and not forimmediate resale.

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APPLICABLE NEW 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] must be certifiedas meeting the motor vehicle requirements of Title 13 CCR Chapter 1, § [1960.1] 1961 as

determined by testing in accordance with Title 13 CCR Chapter 2(, § 2101--2 110, 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 and shall be provided bymotor vehicle manufacturers to the Department upon request.

§ 126.422. New motor vehicle compliance testing.

(a) Prior to being offered for sale or lease in this Commonwealth, new motor vehicles

subject to the Pennsylvania Clean Vehicles Program requirements ofthis subchapter (shall]

must be certified as meeting the motor vehicle requirements ofTitle 13 CCR Chapter 1,

§ (1960.11 1961, 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 and shall be provided bymotor vehicle manufacturers to the Department upon request.

§ 126.423. Assembly line testing.

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(c) If a motor vehicle manufacturing facility which manufactures vehicles for sale in this

Commonwealth certified by CARE 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 2j, § 2061, 2106, 2107 and 2150,incorporated herein by referencel. Upon a manufacturer’s written request anddemonstration of need, functional testing under the procedures incorporated in Title 13

CCR Chapter 21, § 2061] of a statistically significant sample, may substitute for the 100%

testing rate required in Title 13 CCR Chapter 21, § 2061], with the written consent of theDepartment.

§ 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, I 1960.1,1 the Department may, after consultationwith CARE, conduct in-use vehicle enforcement testing in accordance with the protocol andtesting procedures in Title 13 CCR Chapter 2j, § 2136--2140, incorporated herein byreference].

(b) For purposes of compliance with subsection (a), in-use vehicle enforcement testing

determinations and findings made by CARB are applicable and shall be provided bymotor vehicle manufacturers to the Department upon request.

* * * * *

§ 126.425. In-use surveillance testing.

* * * * *

(b) For purposes of program planning and analysis, in-use surveillance testing

determinations and findings made by CARB are applicable and shall be provided bymotor vehicle manufacturers to the Department upon request.

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MOTOR VEHICLE MANUFACTURERS’ OBLIGATIONS

§ 126.431. Warranty and recall.

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vehicles subject to the Pennsylvania Clean Vehicles Program in compliance with the

procedures in Title 13 CCR Chapter 2[, § 2141--2149, incorporated herein by

reference]. For purposes of compliance with this subsection, a manufacturer maysubmit copies of the reports submitted to CARB.

(c) For motor vehicles subject to the Pennsylvania Clean Vehicles Program, any

voluntary or influenced emission-related recall campaign initiated by any motor vehicle

manufacturer under Title 13 CCR Chapter 2, j 2113--2121 must] shall extend to all

mew] motor vehicles sold, leased, offered for sale or lease or registered in this

Commonwealth that would be subject to the recall campaign if sold, leased, offered forsale or lease or registered as a new motor vehicle in California.

(d) For motor vehicles subject to the Pennsylvania Clean Vehicles Program, any

order issued by or enforcement action taken by CARB to correct noncompliance withany provision of Title 13 CCR, which results in the recall of any vehicle pursuant to

Title 13 CCR, Chapter 2, shall be deemed to apply to all motor vehicles sold, leased,

offered for sale or lease or registered in this Commonwealth that would be subject to

the order or enforcement action if sold, leased, offered for sale or lease or registered as

a new motor vehicle in California.§ 126.432. Reporting requirements.

(a) For the purposes of determining compliance with the Pennsylvania Clean Vehicles

Program, commencing with the 2008 model year [beginning after December 5, 20001,

each manufacturer shall submit annually to the Department, within 60 days ofthe end ofeach model year, a report documenting the total deliveries for sale of vehicles in each

[engine family] test group 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, byMarch 1 ofthe calendar year following the close of the completed model year, a report ofthe fleet average NMOG emissions of its total deliveries for sale of LDVs in each [enginefamilyl test group 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 1j, § 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] test group delivered for sale in thisCommonwealth, the specific vehicle models comprising the sales in each state and thecorresponding certification standards, and the percentage of each model sold in thisCommonwealth in relation to total fleet sales.

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described in § 126.421 and

126.422 (relating to new motor vehicle certification testing; and new motor vehicle

compliance testing), and conforms to the following standards and requirements contained

in Title 13 CCR Chapter 2, § 2151 land incorporated herein by reference]:

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DEPARTMENT RESPONSIBILITIES

§ 126.451. Responsibilities of the Department.

The Department will do the following:

(1) Monitor and advise the EQB of any proposed or final rulemakings under

consideration by CARB or its successor that amend or modify the California Low

Emission Vehicle Program.

(2) The Department will:

(i) Prepare a Regulatory Analysis Form to be submitted to the EQB and the

Chairpersons of the House and Senate Environmental Resources and EnergyCommittees for each proposed or final CARB rulemaking. The Department willcomplete all relevant provisions of the Regulatory Analysis Form as practical,

including a cost/benefit analysis of the proposed or final CARB rulemaking.

(ii) Evaluate the estimated incremental cost to manufacture vehicles that comply

with the California Low Emission Vehicle Program compared to the cost to

manufacture vehicles that comply with the Federal “Tier II” vehicle emissionsregulations, or its successor, promulgated under section 177 of the Clean Air Act (42

U.S.C.A. § 7507) to the extent data is available. This evaluation will be conducted on

any proposed or fmal rulemakings under consideration by CARB or its successor and

shall be distributed to the EQB and the Chairpersons of the House and Senate

Environmental Resources and Energy Committees.

(iii) Submit comments on proposed or final rulemakings to CARB on behalf of the

residents of this Commonwealth.

[Pa.B. Doe. No. 06-221. Filed for public inspection February 10, 2006, 9:00 a.m.J

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