1 

# PENNSYLVANIA

CLEAN VEHICLES PROGRAM

Comment/Response Document1 **List of Commentators**
This is a list of corporations, organizations and interested individuals from whom the Environmental Quality Board has received comments regarding the above r eferenced regulation.1 **Comments and Responses** *****



### COMMENTS ON ANNEX A
Enforcement
1. **COMMENT:** The proposed amendment to Section 126.413(a) exempting new vehicles purchased out of state by residents of Pennsy lvania creates an uneven marketplace. While there is little or no price differential today , in the future after implementation of the GHG standards, price could become an issue. Permitting residents to bring noncompliant new vehicles into Pennsylvania could affect Pennsylvania dealer sales and sal es tax revenues to state and local government. There should be the same level of emissions standards for new vehicles brought into Pennsy lvania by residents as for new vehicles sold b y Pennsylvania dealers. The exemption will make it difficult to enforce the Penns yl vania Clean Vehicles Program. The emissions benefit could be reduced if this exemption is adopted; in Maine, the U.S. Environmental Protection Agency (EPA) reduced the emissions credit allowable because Maine did not have an effective registration enforcement s ys tem. Pennsylvania borders more states than Maine, which could lose the Commonwealth even more credit. (2270, 1265/4241, 3192/4526, 4348/4349 )
**RESPONSE:** The Department of Environmental Protection (DEP or Department) agrees that th e proposed exemption should be deleted and is therefore deleting proposed Section 126.413(a)(14). The proposed amendment, added to the proposed rulemaking b y the Environmental Quality

Board (EQB) on October 18, 2005, was offered to ensure equitable vehicl e registration requirements in Pennsy lvania, under the assumption that this would reflect the anticipated PENNDOT approach to registration. The Department agrees that purchasers need to be treated similarly . Additionally , the exemption would have complic ated enforcement and increased the possibility of reduced emissions credit. Using the titling process offers the most equitable and effective way to enforce the vehicle registration requirement, since a vehicle must be titled in Pennsylvania in order to be registered in Pennsylvania. Prohibiting titling of vehicles not certified by the California Air Resources Board (CARB) will protect individuals from purchasing a vehicle out

- of

- state that cannot be registered in the Commonwealth. In addition, individu als who purchase vehicles from out

- of

- state dealers work with a Pennsy lvania issuing agent to title a new vehicle in Penns yl vania. In order to title a vehicle, the issuing agent must have access to a Manufacturer’s Certificate of Origin (MCO), a document that includes a statement about the emission standards (for example, that the vehicle is certified b y CARB or b y EPA, or is a "50

- state" vehicle that can be sold in both Tier 2

* A slash (ex. 1265/4241) indicates the same commentator was assigned tw o separate numbers. The EQB received 4,673 letters, postcards and emails. Several commentators submitted multiple emails and letters with addi tional comments and observations throughout the public comment period. There were approximately 4,260 unique commentators.2

and California Low Emission Vehicle (CA LEV) jurisdictions. Registration does not require access to an MCO. Pennsylvania will require issuing agents to certify that the vehicle complies based on the MCO.
2. **COMMENT:** The exemption in Section 126.413(a) for new vehicles purchased out of state b y residents of Pennsylvania should b e removed and Penns yl vania's implementation of the program should be consistent with EPA's "Policy on Cross

- Border Sales of California Certified Vehicles for 2004 and L ater Model Years". The guidance allows a Pennsylvania dealer to sell a California vehic le to an y customer and a dealer from a contiguous state to sell a California vehicle to an y customer. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** DEP agrees and is therefore deleting the proposed exemption. The Commonwealth will make a specific outreach effort to advise dealers in the contiguous states that are not alread y required to sell CA LEV vehicles about the Pennsylvania requirements. As long as out

- of

- state dealers offer CA LEV vehicles, Pennsylvania residents will be able to purchase vehi cles from neighboring states.
3. **COMMENT:** In order to get full State Implementation Plan (SI P) credit, Pennsylvania should establish a registration enforcement process. Manufacturers print a statement on the Certificate of Origin that a vehicle is cert ified for sale to California standards. This certificate is delivered with each new vehicle. This is the document shown during registration to prove that the vehicle is certified to California emissions standards. This registration enforcement process h as been successfull y implemented in New York, Massachusetts and Vermont. Maine has not implemented a registration enforcement process and did not receive full SI P credit. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** DEP agrees with the commentators. T he existing regulatory language requires new subject vehicles registered in Pennsylvania to be those certified by CARB. Pennsylvania has consulted with PENNDOT on the registration enforcement process. PENNDOT has recommended that the Department add titli ng to the final

- form regulation because to title a vehicle, the issuing agent must have access to the Certificate of Origin. A vehicle must be titled in Pennsylvania to be registered in Penns yl vania.
4. **COMMENT:** Because of the uncertaint y created in determining when a vehicle is “principall y operated outside the Commonwealth” in Section 126.413(a)(6) of the existing regulation, meeting such a requirement will impose extreme burdens on the way Hertz manages its vehicle fleet and severel y restrict the vehicle choices available to the renting public. Vehicles regularl y migrate to different states. Man y other states have not adopted the CA LEV II program and onl y require compliance with federal emissions standards. A clarification is requested on vehic les that are registered outside the Commonwealth. These vehicles engaged in interstate commerce should be deemed to be principally

operated outside of the Commonwealth, and thus not subject to the Pennsylvania Clean Vehicles Program. Under the Internatio nal Registration Plan3

formula, rental car companies register a certain minimum number of vehicles in each state based on gross revenue in the preceding year. (4350)
**RESPONSE:** The Department agrees with Hertz’ suggested interpretation of the existing regulation. The final rulemaking includes an amendment to this paragraph to clarify the intent of the Commonwealth with respect to enforcement of the rules relating to daily lease and rental companies under the Pennsy lvania Clean Vehicles Program. The I nternational Registration Plan referred to by the commentator ensures that rental car companies cannot avoid registering a certain number of vehicles in Pennsylvania in order to avoid compliance with the Pennsylvania Clean Vehicles Program. Those model y e ar 2008 and later rental vehicles that are registered in Pennsylvania must be certified by CARB. The final

- form regulation includes an explanation in section 126.413(a)(6) that for purposes of section 126.413(a)(6) a light

- duty vehicle is deemed to be pri ncipally operated outside of the Commonwealth it if is registered outside of the Commonwealth in accordance with the International Registration Plan or a successor plan for apportioning vehicle registration fees internationally

. 5. **COMMENT:** The Hertz Co rporation is concerned about how the CARB standards will affect the rental car industry . Does the EQB intend to require rental car companies to ensure that an y car that could possibly be used in Pennsylvania comply with CARB standards or would rental car companies merely be required to have all vehicles registered in the Commonwealth compl y with those standards? The EQB should clearl y delineate the requirements in the final

- form regulation. (4350, 4673)
**RESPONSE:** The Department does not intend to requ ire rental car companies to ensure that any new car that could possibly be used in Pennsylvania comply with CARB standards. The Department does not intend to interfere with the normal business practices of national rental car companies. The Department ex amined regulations adopted b y other states that have adopted the California standards and found that provisions in state regulations that differed from Pennsy lvania’s were not practical for Pennsylvania. For the reasons described in response to comment no . 4, the Department has revised the final

- form regulation to include an explanation in section 126.413(a)(6) that for purposes of section 126.413(a)(6) a light

- duty vehicle is deemed to be principall y operated outside of the Commonwealth it if is registere d outside of the Commonwealth in accordance with the International Registration Plan or a successor plan for apportioning vehicle registration fees internationally

. 6. **COMMENT:** The commentator questions the legality of the delegation to CARB that Sectio n 126.431(d) represents (pertaining to enforcement actions taken by CARB applying to Penns yl vania) and notes that it unlawfully strips manufacturers of their ability in a Pennsy lvania court to contest the validity at law of an y CARB enforcement action as t o Pennsylvania vehicles. See 2 Pa. Cons. Stat. Ann. §703(a). One way that the Department could reduce the practical concerns associated with this issue would be to adopt language similar to Rhode I sland’s approach by adding the following clause to propose d Sections 126.431(c) and (d): “except where the manufacturer demonstrates to4

the Department’s satisfaction that said action is not applicable to said vehicle.” (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** DEP does not agree that there is a legal issue as described by the commentator. The purpose of Section 126.431 (c) and (d) is to ensure full protection to Pennsylvania consumers pertaining to recall efforts taken by CARB or initiated b y manufacturers for vehicles that are sold, leased, offered for sa le or lease, registered or titled in Pennsylvania. For the sake of clarit y, the final rulemaking adds language, which is similar to that suggested by the commentator, to allow a manufacturer the opportunity to demonstrate that an order issued or enforceme nt action taken by CARB or a voluntary or influenced recall campaign to correct noncompliance with an y provision of Title 13 CCR is not applicable to vehicles sold, leased, offered for sale or lease or registered in Pennsylvania. An example might be if a manufacturer demonstrated that the noncompliance was corrected for or did not occur in the first place in the vehicles sold, leased, offered for sale or lease or registered in Pennsylvania.
Non

- Methane Organic Gas (NMOG) Fleet Average and Credits
7. **COM MENT:**  The EQB indicates that Section 126.412(d) is intended to allow manufacturers to carry

forward NMOG credits fully for a three

- ye ar period without any loss of those credits each y ear. However, this is not clearl y stated in this section. This provisi on should be amended to clarify the EQB’s intentions. (4673)
**RESPONSE:** DEP agrees that Section 126.412(d) allows manufacturers to carry forward NMOG credits fully for a three

- ye ar period without any loss of those credits each ye ar. The final

- form regulation clarifies in Section 126.412(d) that these credits may be carried forward without diminution during the three

- ye ar period (model ye ars 2008, 2009 and 2010).
8. **COMMENT:** Penns ylvania tried to address an NMOG fleet average transitional issue in their proposal but this transition mechanism is not adequate. Other states, for example Massachusetts, Vermont and New York, included a transition mechanism that allowed credits/debits to be earned during the transition period, which is the period required for any credits that were earned in California to completely expire (3 y ears). If an NMOG fleet average requirement is maintained, Commonwealth should adopt such provisions. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department agrees that the approp riate credit

- earning period is three ye ars. The commentator’s reference to the approach adopted by Massachusetts, Vermont and New York, however, is inapposite since those states transitioned directly from CA LEV I to CA LEV II, without having adopted NLEV as a compliance alternative. In Pennsylvania, credits could not be fairl y determined for an y model ye ar before MY 2006 because most vehicles sold in Pennsylvania would have been Tier 2 vehicles, whereas credits (and debits) are calculated b y comparing the actual fleet average of CARB

certified vehicles with the required fleet average. Consequently , credits could be earned for only a small number of vehicles.5

The Department is proposing that the EQB adopt a mechanism that allows credits to be earned dur ing the transition period model y ears 2008

- 2010. While California discounts these credits after the first y ear, Penns yl vania will allow full credit over model y ears 2008

- 2010. Language clarifying this full credit has been added to the final

- form regulati on.
9. **COMMENT:** By

adopting and attempting to enforce the California Fleet NMOG average, Penns yl vania will violate the federal Clean Air Act (CAA). California’s fleet average scheme includes the opportunity for manufacturers to earn credits in one y ear b y having a lower fleet NMOG average than required and spend credits in a later ye ar b y having a fleet NMOG average higher than otherwise required. A manufacturer could have earned a substantial amount of credits in California during 2005

- 2007 and then use those credits in 2008

- 2010 to offset a higher than otherwise required fleet NMOG. Because Penns yl vania’s regulation did not take effect until 2008, the manufacturer would not have earned an y credits in Pennsylvania in 2005

- 2007 and therefore accumulat ed significant debits in Pennsy lvania in 2008

- 2010 by selling the very same mix of vehicles as it sold in California those y ears. This would lead to a lack of identicality in 2011 as there would be two different standards as a result of the differences in credit counting, violating Section 177 on its own and by requiring manufacturers to limit the sales of California certified vehicles or to create a third vehicle. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department is recommending that the EQB adopt a mechanism that allows credits to be earned during the transition period model y ears 2008

- 2010. The Department disagrees that the adoption or enforcement of the NMOG fleet average in Pennsylvania will lead to a lack of identicality or otherwise vi olate the CAA. See also response to comment 8.
10. **COMMENT:** Pennsylvania should not require compliance with the fleet NMOG average but instead require reporting. Fleet average NMOG is determined by sales mix. The sales mix in Pennsylvania is different than the sales mix in California because of differences in consumer demand. To compl y with the fleet NMOG average, manufacturers may

need to restrict sales of certain models in Pennsylvania that are not restricted in California. Consumers would then ke ep their older, higher emitting vehicles longer since they

would be unable to purchase the new vehicles they wanted. (3192/4526)
**RESPONSE:** Itis unlikely that the sales mix in California differs significantly overall from the sales mix in Pennsylvani a (see response to comment #97). The commentator has provided no evidence that certain models have been restricted in other states adopting the California low emission program on an y parameter of concern to purchasers. In many cases, manufacturers make b oth a California and a federal version of a specific engine famil y. Man y factors will influence purchase of new vehicles. The commentator has not presented an y evidence that consumers would keep older vehicles longer based on differences due to NMOG flee t averages. Therefore, the requested change has not made in the final

- form regulation.6

11. **COMMENT:** Section 177 problems (of identicality) do not arise if a state only requires manufactures to report fleet NMOG average. (1265/4241, 3192/4526, 4348/43 49)
**RESPONSE:** The Department disagrees that the Pennsylvania Clean Vehicles Program or the final rulemaking raises identicality problems. See response to comment 8.
12. **COMMENT:** By

requiring reporting, the EQB could evaluate the differences betwee n the California and Pennsylvania sales mix for each manufacturer and assess the problems that would be caused b y requiring fleet NMOG compliance. If the industry

wide levels are below the fleet average standard, there would not be an y need to require
compliance. (3192/4526)
**RESPONSE:** The Department disagrees that the existing or final amendments to the Pennsylvania Clean Vehicles Program will present a compliance difficulty for automakers to a degree that the Department must “assess” the existing Penns yl vania

specific NMOG fleet average requirement before implementation. The Department believes, given automakers’ current collective ability to comply

with the NMOG fleet average in other states, that automakers collectively can meet the requirement in Pennsylvania. Furthermore, based on CARB’s analy sis of its GHG provisions, the Department is confident the automakers will be able to comply with the Pennsy lvania

specific NMOG fleet average requirement in the future. The commentator provided no specific info rmation on why it believes it cannot comply with the NMOG fleet average in Pennsylvania. Additionally , requiring only reporting without enforcement would likely present problems for earning emission reduction SI P credits from EPA. Reporting
13. **COMMEN T:**  Subsection (b) in Sections 126.421

– 126.425 requires a manufacturer to provide certain ty

pes of information to DEP “upon request.” Under what circumstances would the Department make the request? The EQB should clearl y identify the ty pe of request it will make to the manufacturers and that the request should be in writing. (4673)
**RESPONSE:** These sections, 126.421

– 126.425, assure that documents relating to the compliance of vehicles throughout the entire production process (including documents
e nsuring that vehicles are manufactured to meet the applicable certification standards throughout their useful life) are available to the Commonwealth. The Department anticipates that these requests will be infrequent. They could be triggered by

reports f rom dealers, vehicle owners or other states implementing the California program regarding specific makes or models. Some of these documents are not directly obtainable from CARB because of confidentiality agreements. The Department has the authority to e nter into similar confidentiality agreements with manufacturers, if necessary , in order to receive reports. The requests would be to provide to the Commonwealth those specific kinds of documents already in existence relative to a specific test group in Ca lifornia: for7

example, “new vehicle certification testing determinations and findings made b y CARB” under Section 126.421(b). The Department has added language to each of these sections stating that these requests to the manufacturer will be made in writi ng. The Department also added parallel “upon request” language to Section 126.431(b) because of comment during the proposed rulemaking.
14. **COMMENT:** Pennsylvania would not find reports of failures of emission

- related components required in Section 12 6.431(b) of much value because the Department has alread y proposed to extend emission

- related actions such as recalls applicable in California to Pennsylvania. In order to save resources, these reports should be available only upon request. This language has been included in other states. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department agrees to reduce the reporting requirements by adding language that reports required under Section 126.431(b) can be made available upon a written request f

rom the Department rather than provided routinel y.

**GENERAL COMMENT REGARDING PROPOSED RULEMAKING**
15. **COMMENT:** Senators Madigan and White submitted a letter on March 27, 2006 expressing support for Tier II as an alternative to the California program. In addition, the Senate passed SB 1025 by a vote of 27 to 20, which would revive the regulatory framework initiated in 1998 and give the automobile industry the option of complying with either the CARB regulations or Tier II.
Commentators for the automobi le industry also recommended that EQB adopt the Tier II program. They

claim it is a comparable, or an even better, program for reducing air pollution. Additionally , the economic impacts on the automobile industry and consumers will not be as great as tho se imposed by CARB regulations. In its response to these concerns, the EQB needs to explain why and how the CARB regulations address the issues of environmental protection and cost

- effectiveness. DEP should demonstrate how its regulation will generate gr eater benefits for public health and the Commonwealth’s natural resources at a cost that is affordable, reasonable and competitive with alternative regulatory approaches. (4673)
**RESPONSE:** The Department disagrees with the characterization that SB 1025 revives the regulatory

low emission vehicle framework initiated in 1998. The voluntary NLEV program was adopted as an opt

- in program, i.e., if a sufficient number of states and automakers opted in, compliance with that program would be required in the Oz one Transport Region beginning in model year 1999. The voluntary NLEV program provided a complex sy stem of adverse consequences for failing to fulfill commitments. SB 1025, on the other hand, offers the auto industry the option of complying with Californ ia standards or the less stringent federal Tier II standards, with no consequence to industry for choosing the less stringent standards. SB 1025 would also abrogate the8

existing Pennsylvania Clean Vehicles Program and prohibit the EQB from adopting vehicl e emission standards established by CARB. Note that this final rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alread y existing regulations to postpone the program compliance date from model y ear 2006 to model y e ar 2008, specify the early credit earning period for automobile manufacturers and update definitions and cross

- references. In the preamble to the 1998 rulemaking that incorporated the California standards by reference, the EQB stated its intention to reas sess the air quality needs and emission reduction potential of both programs. Achieving and maintaining the health

- based NAAQS for ground

- level ozone remain challenges for Penns yl vania, particularl y in the Southeast. EPA has concluded that there is an as sociation between ambient ozone concentrations and increased hospital admissions for respiratory ailments, such as asthma. Children, the elderl y and those with respiratory

problems are most at risk, but healthy individuals may

experience increased respiratory

ailments and other sy

mptoms when they

are exposed to ambient ozone while engaged in activities that involve phy sical exertion. Ozone is not directly

emitted, but is created in the atmosphere as a result of the chemical reaction of oxides of nitrogen (NOx) and volatile organic compounds (VOCs), in the presence of light and heat. The formation of ozone is greater in the summer months because of the higher temperatures. Ground

- level ozone and its precursors, VOC and NOx, adversel y affect not only publ ic health but also the environment, such as agricultural crops and forest vegetation. Passenger cars and light

- dut y trucks are significant sources of VOCs and NOx. About one third of the Commonwealth's ozone

forming pollution comes from motor vehicles. L ater this y ear, EPA is expected to finalize the fine particulate (PM 2.5 ) implementation rule, which will also identify NOx emissions as a precursor to the formation of PM 2.5 . Further reducing ozone precursors and other air pollutants from motor vehicles wi ll thus help protect public health and the environment. During the development of the instant rulemaking to revise the 1998 regulation, the Department engaged the services of a national transportation consultant, Michael Baker Corporation (Baker), to est imate the emission

- reducing benefits of retaining the California standards in Pennsy lvania compared to participating in the federal Tier II program. This study

( Pennsylvania LEVII Air Quality Impacts
, November 2004 ) showed that by 2025, when full fleet turnover is expected, the California LEV II program will provide an additional 2850 to 6170 tons per y ear of VOC, 3540 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 known carcinogen, when compared to the federal Tier II program. (A range is shown because Pennsy lvania prepared anal ys es using assumptions from EPA as well as assumptions from the Northeast States Coordinated Air Use Management (NESCAUM) study . The lower number uses the more conservative EPA assumptions.) The Baker anal ys is used Pennsylvania

- specific vehicle, travel, fuel and other information.9

CA L EV II and EPA’s Tier II use similar approaches in regulating emissions affecting ozone and other criteria poll utants from new passenger cars and light

- dut y trucks, which include vehicle

- specific standards and manufacturer fleet averages. In both programs, manufacturers may

choose the technologies they use to meet the vehicle

- specific emission limits and may

choos e the mix of vehicles they offer for sale to meet the fleet averages. A manufacturer may

certify an y particular ty

pe of vehicle to a category that limits emissions of a number of pollutants. For CA LEV, the major categories include L ow Emission Vehicle (LEV), Ultra Low Emission Vehicle (ULEV) and Super Ultra Low Emission Vehicle (SULEV). For the federal program, there are eight “bins”. Bin 5 is considered equivalent to the least stringent California standard. These vehicle

- specific emission limitation s affect both tailpipe and evaporative emissions. Overall, the California program is more stringent. In addition, each manufacturer must meet a fleet average for emissions of non

- methane organic compounds (NMOG) (equivalent of VOCs) for California and a fleet average for emissions of NOx for the federal program. Overall, these fleet averages make the California program more stringent.
California has recentl y promulgated amendments to its regulations establishing its California LEV II standards in Chap ter 1 of Division 3, Title 13 of the California Code of Regulations (CCR) to include Greenhouse Gas (GHG) requirements. These GHG regulations are alread y incorporated b y reference by the Department's regulations and are part of the Penns yl vania Clean Vehi cles Program. Under these regulations, California has added a GHG fleet average requirement to its LEV II program for vehicles offered for sale in California. The final regulations do not include a Penns yl vania GHG fleet average requirement. A vehicle o ffered for sale in Pennsy lvania must simply be CARB

certified. For a vehicle to be CARB certified, the vehicle manufacturer must meet California's GHG fleet average requirements based on sales of vehicles in California. The Department does not believe th at it needs to establish a GHG fleet average requirement for vehicles offered for sale in Pennsylvania to realize the GHG emission reductions in Pennsy lvania anticipated under the California LEV II program. Overall, the vehicle fleet mix in Pennsylvania i s similar to California's, and Penns yl vania anticipates it will realize similar GHG emissions reductions in Pennsy lvania because the fleet vehicle mix in Pennsylvania is similar to California’s. To assess costs and cost differentials, the Department eval uated the CARB initial and final Statements of Reasons for the adoption of CA L EV II and the GHG provisions and the costs contained in EPA’s impact anal ys is for promulgation of Tier II. Before adoption, CARB predicted that implementing LEV II could increas e retail vehicle prices from $68 to $276 depending on the weight of the vehicle. Similarly , EPA predicted that implementing Tier II could increase vehicle retail prices from $78 to $245 depending on the weight of the vehicle. Today , with both programs having been in place since model y ear 2004, there appears to be little to no difference in vehicle retail price between CARB

- certified and federal

- certified vehicles.10

In September 2004, CARB estimated that b y MY 2016 the operational efficiency savings of vehicles meeting GHG requirements would provide vehicle owners an overall cost savings of $3.50 to $7.00 per month, assuming $1.74 per gallon of gasoline. These savings are probabl y understated, since the price of gasoline is likely to remain higher th an that used in CARB’s analy sis. CARB estimated the GHG

- related initial investment costs, possibly reflected in sticker prices, would start under $50 per vehicle for the first y ear of the requirement, MY 2009, and be approximately

$350 in 2012 and $1000 per vehicle in MY 2016. Vehicle manufacturers disagree with CARB’s GHG estimate, citing initial costs of about $3000 per vehicle. Vehicle manufacturers also believe that the cost savings will not be as great as CARB predicts. In summary , there is a cont inuing need for additional reductions in ozone precursors because of the challenge in achieving and maintaining the ground

- level ozone standard; there are additional benefits to health and the environment from obtaining reductions of VOC, NOx and GHG emiss ions that federal new motor vehicle programs do not provide; and the CARB standards cost consumers little or nothing in the short term and overall save consumers money

in the long term.



### COMMENTS SUPPORTING IMPLEMENTATION OF PROGRAM General support

16. **COMMENT** : I am writing to voice m y full support for implementing the Pennsylvania Clean Vehicles Program. ( 1, 2, 3, 4, 5, 7, 10, 14, 16, 19, 208, 220, 232, 304, 360, 569, 597, 644, 691, 761, 993, 1013, 1138, 1173, 1193, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1222, 1223, 1224, 1225, 1226, 1228, 1229, 1232, 1233, 1234, 1235, 1236, 1237, 1241, 1244, 1245, 1246, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1259, 126 0, 1261, 1262, 1263, 1264, 1266, 1267, 1269, 1271, 1272, 1277, 1323, 1351, 1391, 1428, 1520, 1585, 1588, 1590, 1591, 1592, 1594, 1597, 1601, 1603, 1604, 1605, 1607, 1608, 1610, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1624, 1640, 1641, 1643, 1645, 1646, 1 647, 1650, 1654, 1655, 1658, 1659, 1660, 1662, 1663, 1664, 1667, 1668, 1669, 1670, 1673, 1674, 1675, 1678, 1680, 1681, 1682, 1683, 1684, 1685, 1686, 1687, 1689, 1691, 1693, 1695, 1697, 1698, 1699, 1700, 1705, 1713, 1761, 1762, 1770, 1772, 1773, 1779, 1780, 1785, 1786, 1789, 1791, 1793, 1794, 1795, 1796, 1797, 1800, 1801, 1802, 1803, 1805, 1806, 1807, 1809, 1812, 1813, 1814, 1815, 1816, 1818, 1819, 1820, 1822, 1824, 1825, 1826, 1828, 1830, 1831, 1833, 1834, 1835, 1837, 1839, 1840, 1842, 1844, 1845, 1846, 184 7, 1848, 1850, 1852, 1853, 1854, 1857, 1859, 1861, 1862, 1863, 1864, 1865, 1867, 1869, 1872, 1873, 1876, 1877, 1878, 1880, 1887, 1888, 1891, 1895, 1896, 1898, 1905, 1906, 1907, 1908, 1912, 1914, 1917, 1926, 1928, 1929, 1930, 1931, 1933, 1934, 1937, 1938, 1 943, 1944, 1946, 1947, 1948, 1952, 1954, 1958, 1960, 1962, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1972, 1973, 1974, 1975, 1977, 1978, 1979, 1981, 1984, 1986, 1987, 1990, 1996, 1997, 2000, 2009, 2011, 2013, 2015, 2030, 2033, 2034, 2035, 2037, 2063, 2070, 2072, 2073, 2074, 2075, 2076, 2078, 2082, 2083, 2084, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2102, 2103, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2131, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 214 4, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2165, 2167, 2168, 2173, 2178, 2181, 2182, 2184, 2196, 2199, 2200, 2201, 2212, 2214, 2218, 2222, 2223, 2227, 2228, 2230, 2231, 2233, 2235, 2 237, 2239, 2249, 2251, 2252, 2254, 2255, 2256, 2257, 2258, 2259, 2261, 2262, 2263, 2267, 2273, 2276, 2280, 2282, 2285, 2286, 2289, 2291, 2292, 2293, 2294, 2295, 2296, 2307, 2309, 2311, 2312, 2313, 2314, 2316, 2317, 2322, 2325, 2327, 2329, 2331, 2332, 2333, 2334,11

2335, 2336, 2337, 2340, 2344, 2345, 2346, 2347, 2348, 2349, 2350, 2351, 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2370, 2371, 2372, 2373, 2374, 2407, 2408, 2409, 2410, 2411, 2412, 2413, 2414, 241 5, 2416, 2417, 2418, 2419, 2420, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2430, 2431, 2432, 2433, 2436, 2449, 2450, 2451, 2452, 2455, 2458, 2460, 2462, 2465, 2470, 2471, 2472, 2473, 2476, 2486, 2488, 2490, 2491, 2492, 2493, 2494, 2495, 2497, 2 498, 2499, 2500, 2501, 2502, 2504, 2505, 2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515, 2516, 2517, 2518, 2519, 2520, 2521, 2522, 2523, 2524, 2525, 2526, 2527, 2528, 2529, 2530, 2531, 2532, 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2553, 2554, 2555, 2559, 2560, 2561, 2562, 2563, 2564, 2565, 2566, 2567, 2568, 2569, 2570, 2571, 2572, 2574, 2575, 2576, 2577, 2578, 2579, 2580, 2581, 2582, 2583, 2584, 2585, 2586, 2587, 2588, 258 9, 2590, 2591, 2592, 2593, 2594, 2595, 2596, 2597, 2598, 2599, 2600, 2601, 2602, 2603, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612, 2613, 2614, 2615, 2616, 2617, 2619, 2620, 2621, 2622, 2623, 2627, 2629, 2630, 2632, 2633, 2634, 2635, 2636, 2637, 2 638, 2639, 2640, 2641, 2642, 2643, 2644, 2645, 2646, 2647, 2648, 2649, 2650, 2651, 2857, 2858, 2859, 2860, 2861, 2862, 2863, 2864, 2865, 2866, 2868, 2869, 2870, 2871, 2872, 2874, 2875, 2877, 2878, 2879, 2987, 2988, 2989, 2990, 2991, 2992, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 303 8, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3 082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3148, 3149, 3150, 3151, 3152, 3153, 3154, 3155, 3156, 3157, 3158, 3159, 3160, 3161, 3162, 3163, 3164, 3165, 3166, 316 7, 3168, 3169, 3170, 3171, 3172, 3173, 3174, 3175, 3176, 3177, 3178, 3179, 3180, 3183, 3184, 3185, 3189, 3194, 3195, 3196, 3197, 3198, 3199, 3200, 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217, 3218, 3 219, 3220, 3221, 3222, 3223, 3224, 3225, 3226, 3227, 3228, 3229, 3230, 3231, 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3241, 3242, 3243, 3244, 3245, 3246, 3247, 3248, 3249, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3268, 3269, 3270, 3271, 3272, 3273, 3274, 3275, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3283, 3284, 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3301, 3302, 3303, 330 4, 3305, 3306, 3307, 3308, 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3330, 3331, 3332, 3333, 3334, 3335, 3336, 3337, 3338, 3339, 3340, 3341, 3342, 3343, 3344, 3345, 3346, 3 347, 3348, 3349, 3350, 3351, 3352, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375, 3376, 3377, 3378, 3379, 3380, 3381, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389, 3390, 3391, 3392, 3393, 3394, 3395, 3396, 3397, 3398, 3399, 3400, 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3428, 3429, 3430, 3431, 3432, 3433, 3434, 3435, 3436, 3437, 3438, 343 9, 3440, 3441, 3442, 3443, 3444, 3445, 3446, 3447, 3448, 3449, 3450, 3451, 3452, 3453, 3454, 3455, 3456, 3457, 3458, 3459, 3460, 3461, 3462, 3463, 3464, 3465, 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474, 3475, 3476, 3477, 3478, 3479, 3480, 3481, 3 482, 3483, 3484, 3485, 3486, 3487, 3488, 3489, 3490, 3491, 3492, 3493, 3494, 3495, 3496, 3497, 3498, 3499, 3500, 3501, 3502, 3503, 3504, 3505, 3506, 3507, 3508, 3509, 3510, 3511, 3512, 3513, 3514, 3515, 3516, 3517, 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3525, 3526, 3527, 3528, 3529, 3530, 3531, 3532, 3533, 3534, 3535, 3536, 3537, 3538, 3539, 3540, 3541, 3542, 3543, 3544, 3545, 3546, 3547, 3548, 3549, 3550, 3551, 3552, 3553, 3554, 3555, 3556, 3557, 3558, 3559, 3560, 3561, 3562, 3563, 3564, 3565, 3566, 356 7, 3568, 3569, 3570, 3571, 3572, 3573, 3574, 3575, 3576, 3577, 3578, 3579, 3580, 3591, 3592, 3593, 3594, 3595, 3596, 3597, 3598, 3599, 3600, 3601, 3602, 3603, 3604, 3605, 3606, 3607, 3608, 3609, 3610, 3611, 3612, 3613, 3614, 3615, 3616, 3617, 3618, 3619, 3 620, 3621, 3622, 3623, 3624, 3625, 3626, 3627, 3628, 3629, 3630, 3631, 3632, 3633, 3634, 3635, 3636, 3637, 3638, 3639, 3640, 3641, 3642, 3643, 3644, 3645, 3646, 3647, 3648, 3649, 3650, 3651, 3652, 3653, 3654, 3655, 3656, 3657, 3658, 3659, 3660, 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, 3672, 3673, 3674, 3675, 3676, 3677, 3678, 3679, 3680, 3681, 3682, 3683, 3684, 3685, 3686, 3687, 3688, 3689, 3690, 3691, 3692, 3693, 3694, 3695, 3696, 3697, 3698, 3699, 3700, 3701, 3702, 3703, 3704, 370 5, 3706, 3707, 3708, 3709, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3717, 3718, 3719,12

3720, 3721, 3722, 3723, 3724, 3725, 3726, 3727, 3728, 3729, 3730, 3731, 3732, 3733, 3734, 3735, 3736, 3737, 3738, 3739, 3740, 3741, 3742, 3743, 3744, 3745, 3746, 3747, 3 748, 3749, 3750, 3751, 3752, 3753, 3754, 3755, 3756, 3757, 3758, 3759, 3760, 3761, 3762, 3763, 3764, 3765, 3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780, 3781, 3782, 3783, 3784, 3785, 3786, 3787, 3788, 3789, 3792, 3793, 3794, 3795, 3796, 3797, 3798, 3799, 3800, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3810, 3811, 3812, 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3827, 3828, 3829, 3830, 3831, 3832, 3833, 3834, 383 5, 3836, 3837, 3838, 3839, 3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3852, 3853, 3854, 3855, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874, 3875, 3876, 3877, 3 878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898, 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 396 3, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 3973, 3974, 3975, 3976, 3977, 3978, 3979, 3980, 3981, 3982, 3983, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997, 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4 006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 409 1, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, 4129, 4130, 4131, 4132, 4133, 4 134, 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4152, 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179, 4180, 4181, 4182, 4183, 4184, 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192, 4193, 4194, 4195, 4196, 4197, 4198, 4199, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 422 0, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4237, 4238, 4240, 4347, 4474, 4475, 4481, 4486, 4493, 4494, 4495, 4499, 4500, 4502, 4505, 4687, 4704, 4705, 4706, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4762, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770, 4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786, 4787, 4788, 4789, 4790, 4791, 4792, 4793 , 4794, 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820, 4821, 4828, 4829, 4746, 4747, 4748, 4749, 4750, 4751)
**RESPONSE** : DEP appreciates the suppor t of the commentators.
17. **COMMENT** : I support the proposed amendments to the Pennsylvania Clean Vehicles Program. ( 412 , 533 , 586 , 644 , 659 , 676 , 681 , 697 , 761 , 902 , 903 , 906 , 907 , 908 , 910 , 914 , 915 , 916 , 920 , 922 , 924 , 926 , 927 , 928 , 930 , 931 , 933 , 934 , 935 , 936 , 937 , 938 , 939 , 940 , 942 , 943 , 944 , 945 , 946 , 947 , 948 , 949 , 950 , 951 , 952 , 953 , 954 , 955 , 957 , 958 , 959 , 960 , 961 , 981 , 1025 , 1026 , 1027 , 1029 , 1035 , 1036 , 1037 , 1038 , 1039 , 1041 , 1044 , 1045 , 1046 , 1047 , 1048 , 1049 , 1050 , 1051 , 1052 , 1053 , 1054 , 1055 , 1059 , 1060 , 1061 , 1062 , 1063 , 1064 , 1065 , 1066 , 1068 , 1070 , 1071 , 1072 , 1074 , 1075 , 1076 , 1077 , 1078 , 1080 , 1081 , 1082 , 1084 , 1086 , 1087 , 1091 , 1093 , 1094 , 1097 , 1098 , 1099 , 1100 , 1102 , 1103 , 1104 , 1106 , 1108 , 1112 , 1113 , 1114 , 1115 , 1116 , 111 9 , 1125 , 1127 , 1128 , 1131 , 1132 , 1133 , 1135 , 1136 , 1138 , 1139 , 1142 , 1149 , 1150 , 1154 , 1155 , 1158 , 1159 , 1160 , 1161 , 1162 , 1164 , 1165 , 1167 , 1169 , 1173 , 1178 , 1217 , 1219 , 1220 , 1221 , 1227 , 1231 , 1248 , 1261 , 1262 , 1264 , 1269 , 1270 , 1272 , 1274 , 1585 , 1588 , 1 590 , 1591 , 1592 , 1594 , 1597 , 1601 , 1603 , 1604 , 1605 , 1607 , 1608 , 1610 , 1611 , 1612 , 1615 , 1616 , 1617 , 1618 , 1619 , 1640 , 1641 , 1643 , 1645 , 1646 , 1647 , 1650 , 1654 , 1655 , 1658 , 1659 , 1660 , 1662 , 1663 , 1666 , 1667 , 1668 , 1669 , 1670 , 1673 , 1674 , 1675 , 1678 , 1680 , 1681 , 1682 , 1683 , 1684 , 1686 , 1687 , 1689 , 1691 , 1693 , 1695 , 1697 , 1698 , 1699 , 1700 , 1705 , 1713 , 1762 , 1770 , 1772 , 1773 , 1779 , 1780 , 1785 , 1786 , 1789 , 1791 , 1793 , 1794 , 1795 ,13

1796 , 1797 , 1800 , 1801 , 1802 , 1803 , 1805 , 1806 , 1807 , 1809 , 1812 , 1813 , 1814 , 181 5 , 1816 , 1818 , 1819 , 1820 , 1822 , 1824 , 1825 , 1826 , 1828 , 1830 , 1831 , 1833 , 1834 , 1835 , 1837 , 1840 , 1842 , 1843 , 1844 , 1845 , 1846 , 1847 , 1848 , 1850 , 1852 , 1853 , 1854 , 1857 , 1859 , 1861 , 1862 , 1863 , 1864 , 1865 , 1866 , 1869 , 1872 , 1873 , 1876 , 1877 , 1878 , 1880 , 1 887 , 1888 , 1891 , 1895 , 1896 , 1898 , 1905 , 1906 , 1907 , 1908 , 1912 , 1914 , 1917 , 1926 , 1928 , 1929 , 1930 , 1931 , 1933 , 1934 , 1937 , 1938 , 1943 , 1944 , 1946 , 1947 , 1948 , 1952 , 1954 , 1958 , 1960 , 1962 , 1963 , 1964 , 1965 , 1966 , 1967 , 1969 , 1972 , 1973 , 1974 , 1975 , 1977 , 1978 , 1979 , 1981 , 1984 , 1986 , 1987 , 1990 , 1996 , 1997 , 2000 , 2009 , 2011 , 2013 , 2015 , 2017 , 2018 , 2019 , 2020 , 2021 , 2030 , 2033 , 2034 , 2035 , 2037 , 2063 , 2067 , 2068 , 2069 , 2071 , 2077 , 2079 , 2080 , 2081 , 2085 , 2086 , 2087 , 2088 , 2089 , 2101 , 2103 , 2104 , 2113 , 211 5 , 2116 , 2117 , 2118 , 2119 , 2120 , 2121 , 2122 , 2123 , 2124 , 2125 , 2126 , 2127 , 2128 , 2129 , 2130 , 2132 , 2137 , 2164 , 2165 , 2167 , 2168 , 2173 , 2178 , 2181 , 2182 , 2184 , 2196 , 2199 , 2200 , 2201 , 2212 , 2218 , 2222 , 2223 , 2227 , 2228 , 2231 , 2233 , 2235 , 2239 , 2240 , 2244 , 2 245 , 2246 , 2247 , 2248 , 2249 , 2251 , 2253 , 2254 , 2255 , 2256 , 2265 , 2267 , 2276 , 2280 , 2282 , 2285 , 2286 , 2289 , 2291 , 2292 , 2293 , 2294 , 2295 , 2296 , 2298 , 2299 , 2300 , 2301 , 2302 , 2303 , 2304 , 2305 , 2306 , 2308 , 2310 , 2315 , 2321 , 2322 , 2338 , 2339 , 2340 , 2341 , 2342 , 2343 , 2352 , 2363 , 2375 , 2376 , 2377 , 2378 , 2379 , 2380 , 2381 , 2382 , 2383 , 2384 , 2385 , 2386 , 2387 , 2388 , 2389 , 2390 , 2391 , 2392 , 2393 , 2394 , 2395 , 2396 , 2397 , 2398 , 2399 , 2400 , 2401 , 2402 , 2403 , 2404 , 2405 , 2433 , 2436 , 2450 , 2451 , 2452 , 2455 , 2458 , 2460 , 246 2 , 2464 , 2465 , 2470 , 2471 , 2473 , 2476 , 2486 , 2488 , 2490 , 2491 , 2492 , 2493 , 2494 , 2495 , 2497 , 2498 , 2499 , 2500 , 2501 , 2502 , 2504 , 2505 , 2506 , 2507 , 2508 , 2509 , 2510 , 2511 , 2512 , 2513 , 2514 , 2515 , 2516 , 2517 , 2518 , 2519 , 2520 , 2521 , 2522 , 2523 , 2524 , 2525 , 2 526 , 2527 , 2528 , 2529 , 2531 , 2532 , 2533 , 2534 , 2535 , 2536 , 2537 , 2538 , 2539 , 2540 , 2541 , 2542 , 2543 , 2545 , 2546 , 2547 , 2548 , 2549 , 2550 , 2551 , 2552 , 2553 , 2554 , 2555 , 2556 , 2557 , 2559 , 2560 , 2561 , 2562 , 2563 , 2564 , 2565 , 2566 , 2567 , 2568 , 2569 , 2570 , 2571 , 2572 , 2574 , 2575 , 2576 , 2577 , 2578 , 2579 , 2580 , 2581 , 2582 , 2583 , 2584 , 2585 , 2586 , 2587 , 2588 , 2589 , 2590 , 2591 , 2592 , 2593 , 2594 , 2595 , 2596 , 2597 , 2598 , 2599 , 2600 , 2601 , 2602 , 2604 , 2605 , 2606 , 2607 , 2608 , 2609 , 2610 , 2611 , 2612 , 2613 , 2614 , 2616 , 261 7 , 2619 , 2620 , 2621 , 2624 , 2625 , 2626 , 2627 , 2629 , 2630 , 2632 , 2633 , 2634 , 2635 , 2636 , 2637 , 2638 , 2639 , 2641 , 2642 , 2643 , 2644 , 2645 , 2646 , 2647 , 2649 , 2651 , 2652 , 2653 , 2654 , 2655 , 2656 , 2657 , 2658 , 2659 , 2660 , 2661 , 2662 , 2663 , 2664 , 2665 , 2666 , 2667 , 2 668 , 2669 , 2670 , 2671 , 2672 , 2673 , 2674 , 2675 , 2676 , 2677 , 2678 , 2679 , 2680 , 2681 , 2682 , 2683 , 2684 , 2685 , 2686 , 2687 , 2688 , 2689 , 2690 , 2691 , 2692 , 2693 , 2694 , 2695 , 2696 , 2697 , 2698 , 2699 , 2700 , 2701 , 2702 , 2703 , 2704 , 2705 , 2706 , 2707 , 2708 , 2709 , 2710 , 2711 , 2712 , 2713 , 2714 , 2715 , 2716 , 2717 , 2718 , 2719 , 2720 , 2721 , 2722 , 2723 , 2724 , 2725 , 2726 , 2727 , 2728 , 2729 , 2730 , 2731 , 2732 , 2733 , 2734 , 2735 , 2736 , 2737 , 2738 , 2739 , 2740 , 2741 , 2742 , 2743 , 2744 , 2745 , 2746 , 2747 , 2748 , 2749 , 2750 , 2751 , 2752 , 275 3 , 2754 , 2755 , 2756 , 2757 , 2758 , 2759 , 2760 , 2761 , 2762 , 2763 , 2764 , 2765 , 2766 , 2767 , 2768 , 2769 , 2770 , 2771 , 2772 , 2773 , 2774 , 2775 , 2776 , 2777 , 2778 , 2779 , 2780 , 2781 , 2782 , 2783 , 2784 , 2785 , 2786 , 2787 , 2788 , 2789 , 2790 , 2791 , 2792 , 2793 , 2794 , 2795 , 2 796 , 2797 , 2798 , 2799 , 2800 , 2801 , 2802 , 2803 , 2804 , 2805 , 2806 , 2807 , 2808 , 2809 , 2810 , 2811 , 2812 , 2813 , 2814 , 2815 , 2816 , 2817 , 2818 , 2819 , 2820 , 2821 , 2822 , 2823 , 2824 , 2825 , 2826 , 2827 , 2828 , 2829 , 2830 , 2831 , 2832 , 2833 , 2834 , 2835 , 2836 , 2837 , 2838 , 2839 , 2840 , 2841 , 2842 , 2843 , 2844 , 2845 , 2846 , 2847 , 2848 , 2849 , 2850 , 2851 , 2852 , 2853 , 2855 , 2857 , 2858 , 2859 , 2860 , 2861 , 2862 , 2863 , 2864 , 2865 , 2866 , 2868 , 2869 , 2870 , 2871 , 2872 , 2874 , 2875 , 2877 , 2880 , 2881 , 2882 , 2883 , 2884 , 2885 , 2886 , 2887 , 288 8 , 2889 , 2890 , 2891 , 2892 , 2893 , 2894 , 2895 , 2896 , 2897 , 2898 , 2899 , 2900 , 2901 , 2902 , 2903 , 2904 , 2905 , 2906 , 2907 , 2908 , 2909 , 2910 , 2911 , 2912 , 2913 , 2914 , 2915 , 2916 , 2917 , 2918 , 2919 , 2920 , 2921 , 2922 , 2923 , 2924 , 2925 , 2926 , 2927 , 2928 , 2929 , 2930 , 2 931 , 2932 , 2933 , 2934 , 2935 , 2936 , 2937 , 2938 , 2939 , 2940 , 2941 , 2942 , 2943 , 2944 , 2945 , 2946 , 2947 , 2948 , 2949 , 2950 , 2951 , 2952 , 2953 , 2954 , 2955 , 2956 , 2957 , 2958 , 2959 , 2960 , 2961 , 2962 , 2963 , 2964 , 2965 , 2966 , 2967 , 2968 , 2969 , 2970 , 2971 , 2972 , 2973 , 2974 , 2975 , 2976 , 2977 , 2978 , 2979 , 2980 , 2981 , 2982 , 2983 , 2984 , 2985 , 2986 , 3183 , 3185 , 3422 , 4237 , 4238 , 4240 , 4310 , 4311 , 4312 , 4313 , 4314 , 4315 , 4316 , 4317 , 4318 , 4319 , 4320 , 4321 , 4322 , 4323 , 4324 , 4325 , 4326 , 4327 , 4328 , 4329 , 4330 , 4331 , 4332 , 433 3 , 4334 , 4335 , 4336 , 4337 , 4338 , 4339 , 4340 , 4341 , 4342 , 4343 , 4344 , 4345 , 4347 , 4351 , 4352 , 4353 , 4354 , 4355 , 4356 , 4357 , 4358 , 4359 , 4360 , 4361 , 4362 , 4363 , 4364 , 4365 , 4366 , 4367 , 4368 , 4369 , 4370 , 4371 , 4372 , 4374 , 4375 , 4376 , 4377 , 4378 , 4379 , 4380 , 4 381 , 4382 , 4383 , 4384 , 4385 , 4386 , 4387 , 4388 , 4389 , 4390 , 4391 , 4392 , 4393 , 4394 , 4395 , 4396 , 4397 , 4398 , 4399 , 4400 , 4401 , 4402 , 4403 , 4404 , 4405 , 4406 , 4407 , 4408 , 4409 , 4410 , 4411 , 4412 , 4413 , 4414 , 4415 , 4416 , 4417 , 4418 , 4419 , 4420 , 4421 , 4422 , 4423 , 4424 , 4425 , 4426 , 4427 , 4428 , 4429 , 4430 , 4431 , 4432 , 4433 , 4434 , 4435 , 4436 , 4437 , 4438 , 4439 , 4440 , 4441 , 4442 , 4443 , 4444 , 4445 , 4446 , 4447 , 4448 , 4449 , 4450 , 4451 , 4452 , 4453 , 4454 , 4455 , 4456 , 4457 , 4458 , 4459 , 4460 , 4461 , 4462 , 4463 , 4464 , 4465 , 446 6 , 4467 , 4468 , 4469 , 4470 , 4471 , 4472 , 4473 , 4474 , 4475 , 4476 , 4477 , 4478 , 4479 , 4480 , 4481 , 4482 , 4483 , 4484 , 4485 , 4487 , 4488 , 4489 , 4490 , 4491 , 4492 , 4496 , 4497 , 4498 , 4501 , 4503 , 4504 , 4506 , 4507 , 4508 , 4509 , 4510 , 4511 , 4512 , 4513 , 4514 , 4515 , 4516 ,14

4 517 , 4518 , 4519 , 4520 , 4521 , 4522 , 4523 , 4524 , 4525 , 4527 , 4528 , 4529 , 4530 , 4531 , 4532 , 4533 , 4534 , 4535 , 4536 , 4537 , 4538 , 4539 , 4540 , 4541 , 4542 , 4543 , 4544 , 4545 , 4546 , 4547 , 4548 , 4549 , 4550 , 4551 , 4552 , 4553 , 4554 , 4555 , 4556 , 4557 , 4558 , 4559 , 4560 , 4561 , 4562 , 4563 , 4564 , 4565 , 4566 , 4567 , 4568 , 4569 , 4570 , 4571 , 4572 , 4573 , 4574 , 4575 , 4576 , 4577 , 4578 , 4579 , 4580 , 4581 , 4582 , 4583 , 4584 , 4585 , 4586 , 4587 , 4588 , 4589 , 4590 , 4591 , 4592 , 4593 , 4594 , 4595 , 4596 , 4597 , 4598 , 4599 , 4600 , 4601 , 4602 , 460 3 , 4604 , 4605 , 4606 , 4607 , 4608 , 4609 , 4610 , 4611 , 4612 , 4613 , 4614 , 4615 , 4616 , 4617 , 4618 , 4619 , 4620 , 4621 , 4622 , 4623 , 4624 , 4625 , 4626 , 4627 , 4628 , 4629 , 4630 , 4631 , 4632 , 4633 , 4634 , 4635 , 4636 , 4637 , 4638 , 4639 , 4640 , 4641 , 4642 , 4643 , 4644 , 4645 , 4 646 , 4647 , 4648 , 4649 , 4650 , 4651 , 4652 , 4653 , 4654 , 4655 , 4656 , 4657 , 4658 , 4659 , 4660 , 4661 , 4662 , 4663 , 4664 , 4665 , 4666 , 4667, 4682, 4683, 4684, 4685, 4686, 4688, 4689, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4730, 4741, 4742, 4743, 4744, 4745 )
**RESP ONSE**  : DEP appreciates the support of the commentators.
18. **COMMENT:** The proposed rulemaking should be put into effect without modification. (2338, 2339, 2340, 2341, 2342, 2343)
**RESPONSE:** DEP appreciates the support of the commentators. DEP has ma de only minor changes to the proposed rulemaking. Comments regarding health and environmental benefits
19. **COMMENT:** The commentators made various statements indicating that since “creation belongs to God”, people are called to act as stewards of creati on on God’s behalf and indicated their belief that the Penns yl vania Clean Vehicles Program honors and protects God’s sacred and irreplaceable gift of creation. These statements were made pertaining to both public health and global climate change benefits of the program. ( 9 **,** 11 **,** 34 **,** 1262 **,** 1378 **,** 1975 **,** 2245 **,** 2251 **,** 2253 **,** 2313 **,** 2340 **,** 2510 **,** 2880 **,** 2881 **,** 2882 **,** 2883 **,** 2884 **,** 2885 **,** 2886 **,** 2887 **,** 2888 **,** 2889 **,** 2890 **,** 2891 **,** 2892 **,** 2893 **,** 2894 **,** 2895 **,** 2896 **,** 2913 **,** 2914 **,** 2915 **,** 2916 **,** 2917 **,** 2918 **,** 2919 **,** 2920 **,** 2921 **,** 2922 **,** 2923 **,** 2924 **,** 2925 **,** 2926 **,** 2927 **,** 2928 **,** 2929 **,** 2930 **,** 2931 **,** 2932 **,** 2933 **,** 2934 **,** 2935 **,** 2936 **,** 2937 **,** 2938 **,** 2939 **,** 2940 **,** 2941 **,** 2942 **,** 2943 **,** 2944 **,** 2945 **,** 2946 **,** 2947 **,** 2948 **,** 2949 **,** 2950 **,** 2951 **,** 2952 **,** 2953 **,** 2954 **,** 2955 **,** 2956 **,** 2957 **,** 2958 **,** 2959 **,** 2960 **,** 2961 **,** 2962 **,** 2963 **,** 2964 **,** 2965 **,** 2966 **,** 296 7 **,** 2968 **,** 2969 **,** 2970 **,** 2971 **,** 2972 **,** 2973 **,** 2974 **,** 2975 **,** 2976 **,** 2977 **,** 2978 )
**RESPONSE:** DEP appreciates the support of the commentators.
20. **COMMENT:** Commentators supported the program because pollution is dirtying the air in Pennsy lvania and it is getting w orse, pollution from cars and trucks in particular. (204, 206, 353, 732, 944, 1231, 1382, 1686, 2243, 2246, 2263, 2318, 2321, 2648, 2838, 2848, 3181, 3182, 3190, 3193, 4748)
**RESPONSE:** The Department appreciates the support but disagrees that pollution is getting worse. Man y areas of the Commonwealth are not meeting the health

- based ambient air quality

standards. Vehicle emissions continue to contribute significantly to emissions causing ozone and are predicted to do so well into the future. Therefore, gr eater reductions in ozone

- producing emissions continue to be necessary . EPA has revised the ozone and particulate matter standards after determining that pre

- existing standards were not protective of public health. EPA is anticipated to continue to do so

. Therefore, even though ambient air concentrations of criteria pollutants and emissions are15

decreasing, additional reductions are necessary to achieve and maintain the tighter standards imposed to protect public health.
21. **COMMENT** : A significant numb er (about 3000) of commentators support the rulemaking because of their concern for the adverse health effects from the pollutants that implementing the Clean Vehicles Program will help reduce. The following are examples of comments that fall within this group: These pollution reductions (of the Penns yl vania Clean Vehicles Program) are crucial for improving air qualit y and protecting public health in the state. Adopting a stronger clean vehicles program than the federal EPA is advocating is an important step in cleaning the air and protecting the health of citizens throughout the Commonwealth. Thirty

- seven counties across Pennsy lvania still do not meet the federal government’s basic air qualit y standards. These counties comprise about 5/6ths of the C ommonwealth’s population. In 2003, Penns yl vania was ranked 11 th in the nation for the worst smog pollution from cars and trucks. Penns yl vania has some of the worst air quality in the country

. Twelve Penns yl vania metro areas ranked among the worst 50 nationwide for ground

level ozone or particle pollution or both, and seven ranked among the worst 25 for at least one pollutant. This air pollution is plaguing the Commonwealth and leading to a host of public health problems including asthma attacks in c hildren and aggravation of respiratory

ailments in adults. When citizens have to be warned not to go outdoors because the air isn’t safe for them, something must be done. The Pennsylvania Constitution guarantees clean air to its citizens. In 2003, a pproximately

47 percent of Penns yl vanians rated our air qualit y as fair or poor according to a National Conservation Trust study

. The nonattainment status of areas in Pennsy lvania is based on standards promulgated in 1997, but since then, thousands of new studies have been published in peer

- reviewed literature further establishing the link between adverse health effects and ozone, between adverse health effects and particulate matter, between high

- traffic areas and asthma, between a reduction in pollution and a reduction in risks due to cardiovascular and respiratory

disease. The American Lung Association submitted a copy of its 2005 Research Highlights on the health effects of particulate matter and ozone air pollution. Studies show that levels lower than the existing standard have adverse health effects and one stud y indicates that there is no safe level that can be identified for ground

- level ozone. EPA is required to set ambient air quality standards to “protect the public health and provide an adequat e margin of safety ”.16

Taking away

one of the tools that we know works (that is, preventing the Pennsylvania Clean Vehicles Program from coming into effect) is just going to make the job of achieving future more stringent standards that much harder. With out new efforts, it is unclear whether Penns yl vania will ever expect to protect human health. Millions of Pennsylvania citizens including children, the elderl y and those with chronic conditions exacerbated by pollution are at risk, about half the Commonwealth’s population. The Scranton metro area has recently been ranked the nation’s worst for people living with asthma, and other major cities in the state have also been rated very poorly by asthma experts. “Smog” pollution from cars and trucks trigge rs an estimated 370,000 asthma attacks annually

. Clean air standards are particularl y important for older cities such as Philadelphia.
An anal ys is of 2002 emissions in tons per y ear shows that in four areas (Philadelphia, Lancaster, Pittsburgh and State College) in Penns ylvania, nitrogen oxide emissions from highway

vehicles range from 27% to 64% of the total emissions, with statewide emissions at approximately 40%. Volatile organic compound emissions range from 14% to 26%, with statewide emissions at 3 2%. This pollution is affecting even our rural areas. Many commentators also provided their own personal experiences with adverse health effects on day s with excess pollution, experiences with their own or a relative’s asthma or other respiratory

conditi on, anecdotal evidence from local phy sicians about patient load on smoggy

day s, adverse health effects from car pollution and/or how important a concern clean air is for them personall y to make the point that air pollution causes pain and suffering to thei r loved ones and that they support this program to reduce air pollution. ( 1, 2, 3, 4, 5, 11, 14, 16, 17, 19, 20, 35, 60, 65, 75, 79, 88, 98, 107, 124, 132, 157, 256, 269, 280, 305, 309, 329, 331, 346, 368, 371, 375, 383, 397, 405, 412, 424, 426, 459, 461 , 468, 501, 502, 507, 512, 533, 567, 572, 586, 594, 597, 599, 604, 616, 625, 644, 647, 659, 671, 676, 681, 689, 697, 700, 717, 726, 730, 732, 753, 761, 771, 816, 849, 852, 853, 873, 902, 903, 906, 907, 908, 910, 912, 914, 915, 916, 920, 922, 924, 926, 927, 928, 930, 931, 933, 934, 935, 936, 938, 939, 940, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 957, 958, 959, 960, 961, 981, 990, 993, 1013, 1025, 1026, 1027, 1029, 1030, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1068, 1070, 1071, 1072, 1074, 1075, 1076, 1077, 1078, 1080, 1082, 1084, 1086, 1087, 1091, 1093, 1094, 1097, 1098, 1099, 1100, 1102, 1103, 1104, 1106, 110 8, 1112, 1113, 1114, 1115, 1116, 1119, 1125, 1127, 1128, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1139, 1140, 1141, 1143, 1144, 1146, 1148, 1149, 1150, 1154, 1155, 1156, 1158, 1159, 1160, 1161, 1162, 1164, 1165, 1169, 1173, 1178, 1193, 1195, 1196, 1 197, 1198, 1199, 1200, 1201, 1202, 1203, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1217, 1219, 1220, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1231, 1232, 1233, 1234, 1235, 1237, 1241, 1244, 1246, 1247, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1256, 1257, 1259, 1260, 1261, 1263, 1264, 1266, 1269, 1270, 1272, 1273, 1277, 1304, 1309, 1320, 1332, 1345, 1355, 1382, 1391, 1409, 1428, 1440, 1475, 1479, 1497, 1520, 1527, 1541, 1556, 1561, 1585, 1588, 1590, 1591, 1592, 1594, 1597, 1601, 160 3, 1604, 1605, 1607, 1608, 1610, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1640, 1641, 1643, 1645, 1646, 1647, 1650, 1654, 1655, 1658, 1659, 1660, 1661, 1662, 1663, 1666, 1667, 1668, 1669, 1670, 1674, 1675, 1678, 1680, 1681, 1682, 1683, 1684, 1685, 1686, 1 687, 1689, 1691, 1693, 1695, 1697, 1698, 1699, 1700, 1705, 1713, 1720, 1761, 1762, 1769,17

1770, 1772, 1773, 1779, 1780, 1785, 1786, 1789, 1790, 1791, 1793, 1794, 1795, 1796, 1797, 1800, 1801, 1802, 1803, 1805, 1806, 1807, 1809, 1812, 1813, 1814, 1815, 1816, 1818, 1819, 1820, 1822, 1824, 1825, 1826, 1827, 1828, 1830, 1831, 1833, 1834, 1835, 1837, 1839, 1840, 1842, 1844, 1845, 1846, 1847, 1848, 1850, 1852, 1853, 1854, 1857, 1859, 1861, 1862, 1863, 1864, 1865, 1867, 1869, 1872, 1873, 1876, 1877, 1878, 1880, 188 7, 1888, 1891, 1895, 1896, 1898, 1902, 1905, 1906, 1907, 1908, 1909, 1912, 1914, 1915, 1917, 1924, 1926, 1928, 1929, 1930, 1931, 1933, 1934, 1937, 1938, 1943, 1944, 1946, 1947, 1948, 1952, 1954, 1958, 1960, 1961, 1962, 1963, 1964, 1965, 1966, 1967, 1969, 1 972, 1973, 1974, 1975, 1977, 1978, 1979, 1981, 1984, 1986, 1987, 1989, 1990, 1993, 1996, 1997, 2000, 2008, 2009, 2011, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2028, 2030, 2032, 2033, 2034, 2035, 2037, 2058, 2063, 2065, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 211 3, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154, 2155, 2 156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164, 2165, 2167, 2168, 2173, 2175, 2178, 2182, 2184, 2196, 2199, 2200, 2201, 2212, 2218, 2222, 2223, 2227, 2228, 2230, 2231, 2233, 2235, 2237, 2239, 2244, 2247, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2257, 2258, 2259, 2260, 2261, 2262, 2263, 2265, 2266, 2267, 2268, 2271, 2276, 2278, 2280, 2282, 2285, 2286, 2287, 2289, 2291, 2292, 2293, 2294, 2295, 2296, 2298, 2299, 2300, 2301, 2302, 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 231 5, 2316, 2317, 2318, 2319, 2322, 2325, 2326, 2327, 2328, 2329, 2330, 2331, 2332, 2333, 2334, 2335, 2336, 2340, 2342, 2352, 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2369, 2370, 2371, 2374, 2375, 2376, 2 377, 2378, 2379, 2380, 2381, 2382, 2383, 2384, 2385, 2386, 2387, 2388, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396, 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2433, 2434, 2436, 2437, 2448, 2449, 2450, 2451, 2452, 2455, 2458, 2460, 2462, 2464, 2465, 2470, 2471, 2473, 2476, 2479, 2485, 2486, 2488, 2490, 2491, 2492, 2493, 2494, 2495, 2496, 2497, 2498, 2499, 2500, 2502, 2504, 2505, 2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515, 2516, 2517, 2518, 2519, 2520, 2521, 2522, 2523, 2524, 252 5, 2526, 2527, 2528, 2529, 2530, 2531, 2532, 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2553, 2554, 2555, 2556, 2557, 2559, 2560, 2561, 2562, 2563, 2564, 2566, 2567, 2568, 2570, 2571, 2 572, 2574, 2575, 2576, 2577, 2579, 2580, 2581, 2582, 2583, 2584, 2585, 2586, 2587, 2588, 2589, 2590, 2591, 2592, 2593, 2594, 2595, 2596, 2597, 2598, 2599, 2600, 2601, 2602, 2603, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612, 2613, 2614, 2615, 2616, 2617, 2619, 2620, 2621, 2622, 2623, 2624, 2625, 2626, 2627, 2629, 2630, 2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644, 2645, 2646, 2647, 2648, 2649, 2650, 2651, 2652, 2653, 2654, 2655, 2656, 2657, 2658, 2659, 2660, 2661, 266 2, 2663, 2664, 2665, 2666, 2667, 2668, 2669, 2670, 2671, 2672, 2673, 2674, 2675, 2676, 2677, 2678, 2679, 2680, 2681, 2682, 2683, 2684, 2685, 2686, 2687, 2688, 2689, 2690, 2691, 2692, 2693, 2694, 2695, 2696, 2697, 2698, 2699, 2700, 2701, 2702, 2703, 2704, 2 705, 2706, 2707, 2708, 2709, 2710, 2711, 2712, 2713, 2714, 2715, 2716, 2717, 2718, 2719, 2720, 2721, 2722, 2723, 2724, 2725, 2726, 2727, 2728, 2729, 2730, 2731, 2732, 2733, 2734, 2735, 2736, 2737, 2738, 2739, 2740, 2741, 2742, 2743, 2744, 2745, 2746, 2747, 2748, 2749, 2750, 2751, 2752, 2753, 2754, 2755, 2756, 2757, 2758, 2759, 2760, 2761, 2762, 2763, 2764, 2765, 2766, 2767, 2768, 2769, 2770, 2771, 2772, 2773, 2774, 2775, 2776, 2777, 2778, 2779, 2780, 2781, 2782, 2783, 2784, 2785, 2786, 2787, 2788, 2789, 279 0, 2791, 2792, 2793, 2794, 2795, 2796, 2797, 2798, 2799, 2800, 2801, 2802, 2803, 2804, 2805, 2806, 2807, 2808, 2809, 2810, 2811, 2812, 2813, 2814, 2815, 2816, 2817, 2818, 2819, 2820, 2821, 2822, 2823, 2824, 2825, 2826, 2827, 2828, 2829, 2830, 2831, 2832, 2 833, 2834, 2835, 2836, 2837, 2838, 2839, 2840, 2841, 2842, 2843, 2844, 2845, 2846, 2847, 2848, 2849, 2850, 2851, 2852, 2853, 2855, 2857, 2858, 2859, 2860, 2862, 2863, 2864, 2865, 2866, 2868, 2869, 2870, 2871, 2872, 2873, 2874, 2875, 2877, 2878, 2879, 2880, 2881, 2882, 2883, 2884, 2885, 2886, 2887, 2888, 2889, 2890, 2891, 2892, 2893, 2894, 2895, 2896, 2897, 2898, 2899, 2900, 2901, 2902, 2903, 2904, 2905, 2906, 2907, 2908, 2909, 2910, 2911, 2912, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 2920, 2921, 2922, 292 3, 2924, 2925, 2926, 2927, 2928, 2929, 2930, 2931, 2932, 2933, 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2944, 2945, 2946, 2947, 2948, 2949, 2950, 2951, 2952, 2953, 2954, 2955, 2956, 2957, 2958, 2959, 2960, 2961, 2962, 2963, 2964, 2965, 2 966, 2967, 2968, 2969, 2970, 2971, 2972, 2973, 2974, 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983, 2984, 2985, 2986, 2987, 2988, 2989, 2990, 2991, 2992, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036,18

3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 305 1, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3 095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3148, 3149, 3150, 3151, 3152, 3153, 3154, 3155, 3156, 3157, 3158, 3159, 3160, 3161, 3162, 3163, 3164, 3165, 3166, 3167, 3168, 3169, 3170, 3171, 3172, 3173, 3174, 3175, 3176, 3177, 3178, 3179, 318 0, 3181, 3182, 3184, 3185, 3188, 3189, 3190, 3193, 3194, 3195, 3196, 3197, 3198, 3199, 3200, 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217, 3218, 3219, 3220, 3221, 3222, 3223, 3224, 3225, 3226, 3227, 3 228, 3229, 3230, 3231, 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3241, 3242, 3243, 3244, 3245, 3246, 3247, 3248, 3249, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3268, 3269, 3270, 3271, 3272, 3273, 3274, 3275, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3283, 3284, 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3309, 3310, 3311, 3312, 331 3, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3330, 3331, 3332, 3333, 3334, 3335, 3336, 3337, 3338, 3339, 3340, 3341, 3342, 3343, 3344, 3345, 3346, 3347, 3348, 3349, 3350, 3351, 3352, 3353, 3354, 3355, 3 356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375, 3376, 3377, 3378, 3379, 3380, 3381, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389, 3390, 3391, 3392, 3393, 3394, 3395, 3396, 3397, 3398, 3399, 3400, 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3421, 3422, 3423, 3424, 3425, 3426, 3427, 3429, 3430, 3431, 3432, 3433, 3434, 3435, 3436, 3437, 3438, 3439, 3440, 3441, 344 2, 3443, 3444, 3445, 3446, 3447, 3448, 3449, 3450, 3451, 3452, 3453, 3454, 3455, 3456, 3457, 3458, 3459, 3460, 3461, 3462, 3463, 3464, 3465, 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474, 3475, 3476, 3477, 3478, 3479, 3480, 3481, 3482, 3483, 3484, 3 485, 3486, 3487, 3488, 3489, 3490, 3491, 3492, 3493, 3494, 3495, 3496, 3497, 3498, 3499, 3500, 3501, 3502, 3503, 3504, 3505, 3506, 3507, 3508, 3509, 3510, 3511, 3512, 3513, 3514, 3515, 3516, 3517, 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3525, 3526, 3527, 3528, 3529, 3530, 3531, 3532, 3533, 3534, 3535, 3536, 3537, 3538, 3539, 3540, 3541, 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3708, 3709, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3717, 3718, 3719, 3720, 3721, 3722, 3723, 3724, 3725, 3726, 3727, 3728, 3729, 3730, 3731, 3732, 3733, 3734, 3735, 3736, 3737, 3738, 3739, 3740, 3 741, 3742, 3743, 3744, 3745, 3746, 3747, 3748, 3749, 3750, 3751, 3752, 3753, 3754, 3755, 3756, 3757, 3758, 3759, 3760, 3761, 3762, 3763, 3764, 3765, 3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780, 3781, 3782, 3783, 3784, 3785, 3786, 3787, 3788, 3789, 3792, 3793, 3794, 3795, 3796, 3797, 3798, 3799, 3800, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3810, 3811, 3812, 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3827, 382 8, 3829, 3830, 3831, 3832, 3833, 3834, 3835, 3836, 3837, 3838, 3839, 3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3852, 3853, 3854, 3855, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3 871, 3872, 3873, 3874, 3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898, 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 395 6, 3957, 3958, 3959, 3960, 3961, 3962, 3963, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 3973, 3974, 3975, 3976, 3977, 3978, 3979, 3980, 3981, 3982, 3983, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997,19

3998, 3 999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 408 4, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4 127, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4152, 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179, 4180, 4181, 4182, 4183, 4184, 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192, 4193, 4194, 4195, 4196, 4197, 4198, 4199, 4200, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 421 2, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4235, 4237, 4238, 4240, 4310, 4311, 4312, 4313, 4314, 4315, 4316, 4317, 4318, 4319, 4320, 4321, 4322, 4323, 4324, 4325, 4326, 4 327, 4328, 4329, 4330, 4331, 4332, 4333, 4334, 4335, 4336, 4337, 4338, 4339, 4340, 4341, 4342, 4343, 4344, 4345, 4347, 4351, 4352, 4353, 4354, 4355, 4356, 4357, 4358, 4359, 4360, 4361, 4362, 4363, 4364, 4365, 4366, 4367, 4368, 4369, 4370, 4371, 4372, 4373, 4374, 4375, 4376, 4377, 4378, 4379, 4380, 4381, 4382, 4383, 4384, 4385, 4386, 4387, 4388, 4389, 4390, 4391, 4392, 4393, 4394, 4395, 4396, 4397, 4398, 4399, 4400, 4401, 4402, 4403, 4404, 4405, 4406, 4407, 4408, 4409, 4410, 4411, 4412, 4413, 4414, 4415, 441 6, 4417, 4418, 4419, 4420, 4421, 4422, 4423, 4424, 4425, 4426, 4427, 4428, 4429, 4430, 4431, 4432, 4433, 4434, 4435, 4436, 4437, 4438, 4439, 4440, 4441, 4442, 4443, 4444, 4445, 4446, 4447, 4448, 4449, 4450, 4451, 4452, 4453, 4454, 4455, 4456, 4457, 4458, 4 459, 4460, 4461, 4462, 4463, 4464, 4465, 4466, 4467, 4468, 4469, 4470, 4471, 4472, 4473, 4474, 4475, 4476, 4477, 4478, 4479, 4480, 4481, 4482, 4483, 4484, 4485, 4486, 4487, 4488, 4489, 4490, 4491, 4492, 4493, 4494, 4495, 4496, 4497, 4498, 4499, 4500, 4501, 4502, 4503, 4504, 4505, 4506, 4507, 4508, 4509, 4510, 4511, 4512, 4513, 4514, 4515, 4516, 4517, 4518, 4519, 4520, 4521, 4522, 4523, 4524, 4525, 4527, 4528, 4529, 4530, 4531, 4532, 4533, 4534, 4535, 4536, 4537, 4538, 4539, 4540, 4541, 4542, 4543, 4544, 454 5, 4546, 4547, 4548, 4549, 4550, 4551, 4552, 4553, 4554, 4555, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, 4567, 4568, 4569, 4570, 4571, 4572, 4573, 4574, 4575, 4576, 4577, 4578, 4579, 4580, 4581, 4582, 4583, 4584, 4585, 4586, 4587, 4 588, 4589, 4590, 4591, 4592, 4593, 4594, 4595, 4596, 4597, 4598, 4599, 4600, 4601, 4602, 4603, 4604, 4605, 4606, 4607, 4608, 4609, 4610, 4611, 4612, 4613, 4614, 4615, 4616, 4617, 4618, 4619, 4620, 4621, 4622, 4623, 4624, 4625, 4626, 4627, 4628, 4629, 4630, 4631, 4632, 4633, 4634, 4635, 4636, 4637, 4638, 4639, 4640, 4641, 4642, 4643, 4644, 4645, 4646, 4647, 4648, 4649, 4650, 4651, 4652, 4653, 4654, 4655, 4656, 4657, 4658, 4659, 4660, 4661, 4662, 4663, 4664, 4665, 4666, 4667, 4682, 4683, 4684, 4685, 4686, 468 7, 4688, 4689, 4703, 4704, 4705, 4706, 4707, 4708, 4709, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 4732, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4 743, 4744, 4745, 4746, 4747, 4748, 4749, 4750, 4751, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4762, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770, 4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786, 4787, 4788, 4789, 4790, 4791, 4792, 4793, 4794, 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820, 4821, 4828 )

**RESPONSE:** The Department appreciates the support of these commentators and agrees that reducing health effects from ozone pollution is one of the primary purposes of the Pennsylvania Clean Vehicles Program adopted in 1998. The Department agrees with statements linking adverse he alth effects with ozone pollution and agrees with the possibility

that EPA will find the existing ozone standard not protective of public health. Should this happen, the Commonwealth will have the responsibility of reducing ozone levels to meet a new fede ral standard.20

The Department neither agrees nor disagrees with the specific rankings mentioned since sources of the rankings were generally not provided. The Department agrees that there are 37 eight

- hour ozone nonattainment areas in Pennsylvania; the Southeast Pennsylvania area continues to have the highest eight

- hour ozone concentrations in this Commonwealth. The Pennsy lvania Clean Vehicles Program will be of particular benefit to this area, where local measures, in addition to statewide programs, ma y still be needed to achieve and maintain the standards. The Philadelphia area also benefits by the application of statewide programs because it is downwind of most areas of Pennsylvania. Eight

- hour nonattainment areas in Penns yl vania that are now meet ing the ozone standard based on 2003

- 2005 ambient air quality data will need to maintain the quality of the air to protect their citizens and to satisfy the requirements of the CAA including federall y enforceable State Implementation Plan requirements. EP A has alread y proposed to make the particulate standard more stringent based on required review of the scientific evidence and is the process of concluding its scientific review of the ozone standard. The next step will be to make recommendations about re vising the ozone standard, potentially in the range of 0.06 to 0.08 parts per million (at or below the existing standard). The Department concurs with statements made that indicate reducing health effects from ozone pollution is one of the primary purpose s of the Pennsy lvania Clean Vehicles Program adopted in 1998 and with statements linking adverse health effects with ozone pollution. It should be noted, however, that Section 126.401 (relating to purpose) of the existing regulation states that the Clean V ehicles program established under Section 177 of the CAA is “designed primarily to achieve emission reductions of precursors of ozone and other air pollutants from new motor vehicles.” See 25 Pa. Code Section 126.401. The Department also agrees with the possibility that EPA will find the existing standard not protective of public health. Should this happen, the Department will have the responsibility

of developing additional strategies to reduce ozone precursor levels to meet a new standard.
Note that this rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alread y existing regulations to postpone the program compliance date from model ye ar 2006 to model y ear 2008, specify the earl y credit earning period for automob ile manufacturers and update definitions and cross

- references. The revisions in the final rulemaking will not significantl y affect overall air quality benefits at full implementation of the program.
22. **COMMENT:** Cars and trucks are a significant s ource of air pollution, contributing approximately

one third of the region’s smog

- forming emissions. One of the worst sources of pollution is cars and trucks. While the focus has been concentrated on stationary sources, automobiles cannot and should not be ignored. The trend towards driving more miles in single occupant vehicles is still increasing, and the percentage of all commuters driving alone in Pennsy lvania is greater than the US average.
(1, 2, 3, 4, 5, 7, 11, 14, 19, 40, 88, 111, 132, 147, 222, 304, 305, 331, 412, 493, 533, 586, 599, 602, 659, 671, 676, 681, 697, 716, 746, 902, 903, 906, 907, 908, 910, 914, 915, 916, 920, 922, 924, 926, 927, 928, 930, 931, 933, 934, 935, 936, 937, 939, 940, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953,21

954, 955, 957, 958, 959, 960, 981, 1013, 1025, 1026, 1027, 1029, 1035, 1036, 1037, 1038, 1039, 1041, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1068, 1070, 1071, 1072, 1074, 1075, 1076, 1077, 1078, 1080, 1082, 1084, 1086, 1087, 1091, 1093, 1094, 1097, 1098, 1099, 1100, 1102, 1103, 1104, 1106, 1107, 1108, 1112, 1113, 1114, 1115, 1116, 1119, 1125, 1127, 1128, 1131, 1132, 1133, 1135, 1136, 1137, 1142, 1149, 1150, 1154, 1155, 1158 , 1159, 1160, 1161, 1162, 1164, 1165, 1169, 1173, 1178, 1193, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1217, 1219, 1220, 1222, 1223, 1224, 1225, 1226, 1227, 1228, 1229, 1231, 1232, 12 33, 1234, 1235, 1236, 1237, 1241, 1244, 1246, 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1256, 1257, 1259, 1260, 1261, 1262, 1263, 1264, 1277, 1382, 1425, 1428, 1497, 1520, 1541, 1594, 1646, 1673, 1683, 1761, 1805, 1831, 1839, 1891, 1915, 1920, 1929, 1962, 1989, 2017, 2018, 2019, 2020, 2021, 2067, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2106 , 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 21 49, 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2164, 2230, 2239, 2246, 2255, 2260, 2261, 2262, 2263, 2271, 2287, 2298, 2299, 2300, 2301, 2302, 2303, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2315, 2316, 2317, 2320, 2321, 2325, 2326, 2327, 2329, 2330, 2331, 2332, 2333, 2334, 2336, 2337, 2342, 2352, 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2375, 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383, 2384, 2385 , 2386, 2387, 2388, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396, 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2455, 2464, 2485, 2494, 2530, 2556, 2557, 2563, 2569, 2615, 2622, 2623, 2624, 2625, 2626, 2650, 2871, 2873, 2878, 2879, 2987, 2988, 29 89, 2990, 2991, 2992, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075 , 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 31 18, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3148, 3149, 3150, 3151, 3152, 3153, 3154, 3155, 3156, 3157, 3158, 3159, 3160, 3161, 3162, 3163, 3164, 3165, 3166, 3167, 3168, 3169, 3170, 3171, 3172, 3173, 3174, 3175, 3176, 3177, 3178, 3179, 3180, 3181, 3182, 3184, 3189, 3190, 3193, 3194, 3195, 3196, 3197, 3198, 3199, 3200, 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3210 , 3211, 3212, 3213, 3214, 3215, 3216, 3217, 3218, 3219, 3220, 3221, 3222, 3223, 3224, 3225, 3226, 3227, 3228, 3229, 3230, 3231, 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3241, 3242, 3243, 3244, 3245, 3246, 3247, 3248, 3249, 3250, 3251, 3252, 32 53, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3268, 3269, 3270, 3271, 3272, 3273, 3274, 3275, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3283, 3284, 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3330, 3331, 3332, 3333, 3334, 3335, 3336, 3337, 3338 , 3339, 3340, 3341, 3342, 3343, 3344, 3345, 3346, 3347, 3348, 3349, 3350, 3351, 3352, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375, 3376, 3377, 3378, 3379, 3380, 33 81, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389, 3390, 3391, 3392, 3393, 3394, 3395, 3396, 3397, 3398, 3399, 3400, 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3421, 3422, 3423, 3424, 3425, 3426, 3427, 3516, 3517, 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3525, 3526, 3527, 3528, 3529, 3530, 3531, 3532, 3533, 3534, 3535, 3536, 3537, 3538, 3539, 3540, 3541, 3542, 3543, 3544, 3545, 3546, 3547, 3548, 3549, 3550, 3551, 3552, 3553, 3554 , 3555, 3556, 3557, 3558, 3559, 3560, 3561, 3562, 3563, 3564, 3565, 3566, 3567, 3568, 3569, 3570, 3571, 3572, 3573, 3574, 3575, 3576, 3577, 3578, 3579, 3580, 3581, 3582, 3583, 3584, 3585, 3586, 3587, 3588, 3589, 3590, 3591, 3592, 3593, 3594, 3595, 3596, 35 97, 3598, 3599, 3600, 3601, 3602, 3603, 3604, 3605, 3606, 3607, 3608, 3609, 3610, 3611, 3612, 3613, 3614, 3615, 3616, 3617, 3618, 3619, 3620, 3621, 3622, 3623, 3624, 3625, 3626, 3627, 3628, 3629, 3630, 3631, 3632, 3633, 3634, 3635, 3636, 3637, 3638, 3639, 3640, 3641, 3642, 3643, 3644, 3645, 3646, 3647, 3648, 3649, 3650, 3651, 3652, 3653,22

3654, 3655, 3656, 3657, 3658, 3659, 3660, 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, 3672, 3673, 3674, 3675, 3676, 3677, 3678, 3679, 3680, 3681, 3682 , 3683, 3684, 3685, 3686, 3687, 3688, 3689, 3690, 3691, 3692, 3693, 3694, 3695, 3696, 3697, 3698, 3699, 3700, 3701, 3702, 3703, 3704, 3705, 3706, 3707, 3708, 3709, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3717, 3718, 3719, 3720, 3721, 3722, 3723, 3724, 37 25, 3726, 3727, 3728, 3729, 3730, 3731, 3732, 3733, 3734, 3735, 3736, 3737, 3738, 3739, 3740, 3741, 3742, 3743, 3744, 3745, 3746, 3747, 3748, 3749, 3750, 3751, 3752, 3753, 3754, 3755, 3756, 3757, 3758, 3759, 3760, 3761, 3762, 3763, 3764, 3765, 3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780, 3781, 3782, 3783, 3784, 3785, 3786, 3787, 3788, 3789, 3791, 3792, 3793, 3794, 3795, 3796, 3797, 3798, 3799, 3800, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3810, 3811 , 3812, 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3827, 3828, 3829, 3830, 3831, 3832, 3833, 3834, 3835, 3836, 3837, 3838, 3839, 3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3853, 3854, 38 55, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874, 3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898, 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940 , 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 3963, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 3973, 3974, 3975, 3976, 3977, 3978, 3979, 3980, 3981, 3982, 39 83, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997, 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068 , 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 41 11, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4152, 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179, 4180, 4181, 4182, 4183, 4184, 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192, 4193, 4194, 4195, 4196 , 4197, 4198, 4199, 4200, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4235, 4333, 4334, 4335, 43 36, 4337, 4338, 4342, 4344, 4345, 4486, 4493, 4494, 4495, 4499, 4500, 4502, 4505, 4682, 4687, 4688, 4689, 4703, 4704, 4705, 4706,4707, 4708, 4709, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 4732, 4749, 4751, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4762, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770, 4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786 , 4787, 4788, 4789, 4790, 4791, 4792, 4793, 4794, 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820, 4821, 4828)
**RESPONSE:** Emissions from motor vehic les in Pennsylvania are actually decreasing because of the programs alread y being implemented, including federal new motor vehicle programs for cars, trucks and buses, federal and state fuel improvements and the vehicle emission inspection/maintenance program. This is despite the increase in vehicle

- miles traveled, about a 1

- 2 percent increase per ye ar, depending on the area. However, even with this emissions decrease, highway vehicles will continue to be significant contributors to ozone precursors in the future. According to EPA’s anal ys is for the Clean Air Interstate Rule, emissions from motor vehicles (cars and trucks) for 2010 will still comprise 30% of the NOx emissions in Pennsylvania. See Clean Air Interstate Rule Emissions Inventory Technical Sup port Document, March 4, 2005 at23

www.epa.gov/CAIR/pdfs/finaltech01.pdf

. If driving continues to increase, at some point these increases will overcome the technology improvements. The reductions achievable under the Penns yl vania Clean Vehicles Program will allow the Department to achieve greater emission reductions from the mobile source sector.
23. **COMMENT:** An analy sis of 2002 emissions in tons per y ear shows that in four areas (Philadelph ia, Lancaster, Pittsburgh and State College) in Pennsy lvania, nitrogen oxide emissions from highway vehicles range from 27% to 64% of the total emissions, with statewide emissions at approximately 40%. Volatile organic compound emissions range from 14% to 26%, with statewide emissions at 32%. This pollution is affecting even our rural areas. (1261)
**RESPONSE:** The Department agrees that emissions from mobile sources contribute significantl y to the formation of ozone precursor emissions. See response to c omment 22.
24. **COMMENT:** The Pennsylvania Clean Vehicles Program goes bey ond weaker federal requirements. Federal standards pertaining to low emission vehicles don’t go far enough to improve Pennsylvania’s ability to comply

with the CAA. (1, 2, 3, 4, 5, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 1 39, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 19 0, 191, 192, 193, 194, 195, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 240, 241, 242, 243, 244 , 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 4 00, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 45 2, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503 , 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 6 60, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 682, 683, 684, 685, 686, 687, 688, 689, 690, 692, 693, 694, 695, 696, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 71 4, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764,24

765 , 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 811, 812, 813, 814, 815, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 904, 905, 909, 911, 912, 913, 917, 918, 919, 921, 923, 925, 929, 932, 941, 956, 962, 963, 964, 9 65, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 982, 983, 984, 985, 986, 987, 988, 989, 990, 992, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, 1 017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1028, 1030, 1031, 1032, 1033, 1034, 1042, 1043, 1056, 1057, 1058, 1069, 1073, 1079, 1083, 1088, 1090, 1092, 1095, 1096, 1101, 1105, 1107, 1109, 1110, 1111, 1117, 1118, 1120, 1121, 1122, 1123, 1124, 1126, 1129, 1130, 1136, 1137, 1138, 1151, 1152, 1153, 1156, 1157, 1163, 1166, 1168, 1170, 1171, 1172, 1174, 1175, 1176, 1177, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 1189, 1190, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 120 3, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1222, 1223, 1224, 1225, 1226, 1228, 1229, 1230, 1232, 1233, 1234, 1235, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1246, 1249, 1250, 1254, 1256, 1257, 1259, 1260, 1269, 1272, 1 276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 136 2, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1405, 1 406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431, 1432, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1475, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 149 1, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1 534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559, 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1592, 1593, 1595, 1598, 1599, 1600, 1602, 1605, 1606, 1607, 1609, 1611, 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623, 1625, 1626, 1627, 1628, 1629, 163 0, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1642, 1643, 1644, 1645, 1647, 1651, 1652, 1653, 1654, 1656, 1657, 1658, 1660, 1661, 1663, 1665, 1669, 1670, 1671, 1672, 1674, 1676, 1677, 1678, 1679, 1680, 1684, 1687, 1688, 1690, 1691, 1692, 1 693, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1701, 1702, 1703, 1704, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1713, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1729, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 1748, 1749, 1750, 1751, 1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1762, 1763, 1764, 1765, 1766, 1767, 1768, 1769, 1770, 1771, 1772, 1773, 1774, 1775, 1776, 1777, 1778, 177 9, 1781, 1782, 1783, 1784, 1786, 1787, 1788, 1789, 1790, 1792, 1794, 1795, 1797, 1798, 1799, 1802, 1803, 1804, 1807, 1808, 1810, 1811, 1812, 1815, 1816, 1817, 1818, 1821, 1823, 1825, 1827, 1828, 1829, 1832, 1834, 1836, 1838, 1839, 1840, 1841, 1844, 1845, 1 846, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1858, 1859, 1860, 1862, 1864, 1866, 1868, 1869, 1870, 1871, 1872, 1874, 1875, 1877, 1879, 1880, 1881, 1882, 1883, 1884, 1885, 1886, 1889, 1890, 1892, 1893, 1894, 1897, 1898, 1899, 1900, 1901, 1902, 1903, 1904, 1905, 1909, 1910, 1911, 1913, 1915, 1916, 1918, 1919, 1920, 1921, 1922, 1923, 1924, 1925, 1926, 1927, 1931, 1932, 1935, 1936, 1938, 1939, 1940, 1941, 1942, 1943, 1944, 1945, 1946, 1947, 1949, 1950, 1951, 1952, 1953, 1954, 1955, 1956, 195 7, 1958, 1959, 1961, 1964, 1967, 1968, 1969, 1970, 1971, 1972, 1974, 1976, 1977, 1980, 1982, 1983, 1985, 1987, 1988, 1989, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2 014, 2015, 2016, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035,25

2036, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2064, 2065, 2066, 2165, 2166, 2167, 2168, 2169, 2170, 2171, 2172, 2174, 2175, 2177, 2179, 2180, 2183, 2185, 2186, 2187, 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2196, 2197, 2198, 2199, 2200, 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209, 221 0, 2211, 2213, 2214, 2215, 2216, 2217, 2218, 2219, 2221, 2224, 2225, 2226, 2229, 2230, 2232, 2233, 2234, 2235, 2236, 2238, 2239, 2249, 2251, 2254, 2260, 2261, 2262, 2267, 2269, 2272, 2274, 2276, 2277, 2279, 2281, 2283, 2284, 2285, 2286, 2287, 2288, 2289, 2 290, 2293, 2295, 2297, 2310, 2325, 2326, 2327, 2329, 2330, 2331, 2332, 2333, 2334, 2335, 2336, 2337, 2352, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2373, 2375, 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383, 2384, 2385, 2386, 2387, 2388, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396, 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2434, 2435, 2437, 2438, 2441, 2442, 2443, 2444, 2445, 2446, 2447, 2448, 2450, 2453, 2454, 2457, 2458, 2459, 2461, 2462, 246 3, 2465, 2466, 2468, 2469, 2471, 2475, 2477, 2478, 2479, 2480, 2481, 2482, 2484, 2485, 2486, 2487, 2488, 2491, 2493, 2496, 2497, 2498, 2499, 2500, 2501, 2503, 2504, 2505, 2506, 2507, 2509, 2512, 2513, 2515, 2516, 2517, 2518, 2519, 2520, 2526, 2527, 2528, 2 529, 2530, 2534, 2537, 2546, 2547, 2549, 2555, 2559, 2561, 2562, 2567, 2569, 2570, 2571, 2573, 2574, 2575, 2577, 2578, 2579, 2581, 2582, 2583, 2585, 2589, 2592, 2593, 2595, 2600, 2602, 2604, 2605, 2606, 2607, 2609, 2611, 2612, 2614, 2615, 2616, 2620, 2621, 2627, 2629, 2630, 2632, 2633, 2634, 2637, 2638, 2639, 2640, 2642, 2643, 2644, 2646, 2650, 2859, 2860, 2862, 2863, 2865, 2866, 2867, 2868, 2870, 2873, 2874, 2987, 2988, 2989, 2990, 2991, 2992, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 300 3, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3 046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3131, 313 2, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3148, 3149, 3150, 3151, 3152, 3153, 3154, 3155, 3156, 3157, 3158, 3159, 3160, 3161, 3162, 3163, 3164, 3165, 3166, 3167, 3168, 3169, 3170, 3171, 3172, 3173, 3174, 3 175, 3176, 3177, 3178, 3179, 3180, 3181, 3182, 3184, 3185, 3189, 3190, 3193, 3194, 3197, 3198, 3199, 3200, 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209, 3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217, 3218, 3219, 3220, 3221, 3222, 3223, 3224, 3225, 3226, 3227, 3228, 3229, 3230, 3231, 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3241, 3242, 3243, 3244, 3245, 3246, 3247, 3248, 3249, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 326 8, 3269, 3270, 3271, 3272, 3273, 3274, 3275, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3283, 3284, 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3309, 3310, 3 311, 3312, 3313, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3330, 3331, 3332, 3333, 3334, 3335, 3336, 3337, 3338, 3339, 3340, 3341, 3342, 3343, 3344, 3345, 3346, 3347, 3348, 3349, 3350, 3351, 3352, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375, 3376, 3377, 3378, 3379, 3380, 3381, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389, 3390, 3391, 3392, 3393, 3394, 3395, 339 6, 3397, 3398, 3399, 3400, 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3421, 3422, 3423, 3424, 3425, 3426, 3516, 3517, 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3525, 3526, 3527, 3 528, 3529, 3530, 3531, 3532, 3533, 3534, 3535, 3536, 3537, 3538, 3539, 3540, 3541, 3542, 3543, 3544, 3545, 3546, 3547, 3548, 3549, 3550, 3551, 3552, 3553, 3554, 3555, 3556, 3557, 3558, 3559, 3560, 3561, 3562, 3563, 3564, 3565, 3566, 3567, 3568, 3569, 3570, 3571, 3572, 3573, 3574, 3575, 3576, 3577, 3578, 3579, 3580, 3581, 3582, 3583, 3584, 3585, 3586, 3587, 3588, 3589, 3590, 3591, 3592, 3593, 3594, 3595, 3596, 3597, 3598, 3599, 3600, 3601, 3602, 3603, 3604, 3605, 3606, 3607, 3608, 3609, 3610, 3611, 3612, 361 3, 3614, 3615, 3616, 3617, 3618, 3619, 3620, 3621, 3622, 3623, 3624, 3625, 3626, 3627, 3628, 3629, 3630, 3631, 3632, 3633, 3634, 3635, 3636, 3637, 3638, 3639, 3640, 3641, 3642, 3644, 3645, 3646, 3647, 3648, 3649, 3650, 3651, 3652, 3653, 3654, 3655, 3656, 3 657, 3658, 3659, 3660, 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, 3672, 3673, 3674, 3675, 3676, 3677, 3678, 3679, 3680, 3681, 3682, 3683, 3684, 3685, 3686, 3687, 3688, 3689, 3690, 3691, 3692, 3693, 3694, 3695, 3696, 3697, 3698, 3699, 3700, 3701, 3702, 3703, 3704, 3705, 3706, 3707, 3708, 3709, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3717, 3718, 3719, 3720, 3721, 3722, 3723, 3724, 3725, 3726, 3727, 3728, 3729,26

3730, 3731, 3732, 3733, 3734, 3735, 3736, 3737, 3738, 3739, 3740, 3741, 374 2, 3743, 3744, 3745, 3746, 3747, 3748, 3749, 3750, 3751, 3752, 3753, 3754, 3755, 3756, 3757, 3758, 3759, 3760, 3761, 3762, 3763, 3764, 3765, 3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780, 3781, 3782, 3783, 3784, 3 785, 3786, 3787, 3788, 3789, 3791, 3792, 3793, 3794, 3795, 3796, 3797, 3798, 3799, 3800, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3810, 3811, 3812, 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3827, 3828, 3829, 3830, 3831, 3832, 3833, 3834, 3835, 3836, 3837, 3838, 3839, 3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3852, 3853, 3854, 3855, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 387 1, 3872, 3873, 3874, 3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898, 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3 914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 3963, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 3973, 3974, 3975, 3976, 3977, 3978, 3979, 3980, 3981, 3982, 3983, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997, 3998, 399 9, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4 042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 412 7, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4152, 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4 170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179, 4180, 4181, 4182, 4183, 4184, 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192, 4193, 4194, 4195, 4196, 4197, 4198, 4199, 4200, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4238, 4347, 4352, 4703, 4704, 4705, 4706, 4707, 4708, 4709, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4719, 47 20, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 4732, 4746, 4749, 4751, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4762, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770, 4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786, 4787, 4788, 4789, 4790, 4791, 4792, 4793, 4794, 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820 , 4821, 4822, 4823, 4824, 4825, 4826, 4827, 4828, 4829)

**RESPONSE:** The Department agrees. While federal Tier II standards effective for model y ear 2004 required significant reductions in new car and light

- dut y truck emissions, the California standards go bey ond these requirements. Pennsylvania should avail itself of the additional emission benefits from the California program. This rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alread y existing regulations t o postpone the program compliance date from model ye ar 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

- references

. 25. **COMMENT:** The federal standards are outdated and too we ak, being based on older technology . (2269)27

**RESPONSE:** The Department disagrees that the current federal standards are outdated or that they

are based on older technology . However, the California standards, which have been adopted in Pennsylvania, were e stablished to provide greater emission reductions.
26. **COMMENT:** The Pennsylvania Clean Vehicles Program reduces emissions. When fully implemented in 2025, the Pennsy lvania Clean Vehicles Program will result in 6 to 12 percent more reduction in volati le organic compounds and 9 percent more NOx than would the federal program. Reductions also include a 5 percent to 11 percent reduction in six toxic air pollutants. In addition, the Pennsylvania Clean Vehicles Program will reduce tailpipe emissions of carbon dioxide and cancer

- causing benzene b y as much as 15 percent. According to the USEPA National Assessment of Air Toxics, mobile sources contribute 66 percent of all toxics.
( 220, 360, 567, 603, 761, 976, 1136, 1137, 1138, 1264, 1266, 1270, 1271, 1272, 1345, 1428, 1585, 1588, 1592, 1605, 1607, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1640, 1641, 1643, 1645, 1647, 1654, 1660, 1663, 1669, 1670, 1673, 1674, 1678, 1680, 1684, 1687, 1690, 1691, 1693, 1697, 1698, 1699, 1700, 1762, 1769, 1770, 1772, 1773, 178 6, 1789, 1794, 1797, 1802, 1803, 1807, 1812, 1818, 1820, 1824, 1825, 1828, 1830, 1834, 1837, 1842, 1844, 1845, 1846, 1847, 1848, 1850, 1852, 1853, 1854, 1859, 1869, 1877, 1878, 1880, 1888, 1896, 1898, 1906, 1915, 1917, 1926, 1928, 1930, 1931, 1933, 1934, 1 938, 1944, 1952, 1954, 1958, 1960, 1963, 1967, 1969, 1973, 1974, 1975, 1977, 1984, 1986, 1987, 2009, 2013, 2015, 2030, 2033, 2034, 2035, 2063, 2165, 2167, 2168, 2173, 2181, 2184, 2196, 2199, 2201, 2218, 2222, 2223, 2228, 2235, 2239, 2240, 2254, 2257, 2260, 2267, 2268, 2282, 2285, 2286, 2292, 2293, 2294, 2295, 2296, 2325, 2326, 2327, 2330, 2331, 2332, 2333, 2334, 2338, 2339, 2340, 2341, 2342, 2343, 2362, 2426, 2450, 2452, 2462, 2467, 2471, 2473, 2486, 2488, 2491, 2497, 2498, 2500, 2501, 2504, 2505, 2506, 251 1, 2512, 2513, 2516, 2517, 2519, 2523, 2525, 2526, 2527, 2528, 2529, 2532, 2534, 2537, 2538, 2542, 2545, 2546, 2550, 2551, 2554, 2555, 2561, 2565, 2567, 2570, 2571, 2574, 2576, 2577, 2578, 2580, 2581, 2583, 2584, 2585, 2587, 2588, 2589, 2592, 2593, 2595, 2 596, 2598, 2600, 2601, 2604, 2605, 2606, 2609, 2610, 2611, 2612, 2613, 2614, 2616, 2621, 2627, 2630, 2632, 2633, 2634, 2637, 2638, 2639, 2641, 2642, 2643, 2646, 2858, 2860, 2862, 2863, 2865, 2868, 2869, 2872, 2873, 2874, 2877, 3181, 3182, 3185, 3190, 3193, 3421, 3422, 3423, 3424, 3425, 3427, 4238, 4240, 4347, 4703, 4707, 4708, 4709, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 4732, 4751)

**RESPONSE:** The Department agrees with the emissions benefits stated by the commentato rs. The Department conducted two sets of quantitative anal ys es using Pennsylvania

- specific motor vehicle/traffic data and Pennsylvania fuels. The first set used EPA’s conservative assumptions and the second set used assumptions developed b y the Northeast States Coordinated Air Use Management (NESCAUM) in " Comparing the Emission Reductions of the LEVII Program to the Tier2 Program," NESCAUM, October 2003 . These analy ses resulted in a range of emission benefits of the CA LEV II program over federal Tier II that is consistent with the comments above. The lower number in volatile organic compound and toxic emission benefits use the EPA methodology . The Department neither agrees nor disagrees with the statement about the national contribution of mobile sourc es to air toxics. However, it should be noted that in the latest toxics assessment completed b y EPA, about 50% of the benzene emissions come from highway vehicles.28

27. **COMMENT:** The federal CAA requires Pennsylvania to cut pollution from cars and truck s and the proposed amendments to the Pennsy lvania Clean Vehicles Program are necessary

to do that. (1588, 1605, 1607, 1611, 1612, 1616, 1618, 1619, 1640, 1641, 1643, 1647, 1654, 1660, 1673, 1669, 1670, 1678, 1680, 1684, 1687, 1691, 1693, 1697, 1698, 1699, 1700, 1713, 1773, 1797, 1803, 1807, 1812, 1818, 1825, 1826, 1828, 1830, 1834, 1837, 1845, 1846, 1847, 1848, 1850, 1852, 1853, 1854, 1859, 1869, 1877, 1878, 1880, 1930, 1931, 1933, 1934, 1938, 1944, 1954, 1958, 1960, 1963, 1967, 1969, 1973, 1974, 1975, 197 7, 1984, 1986, 1987, 1997, 2009, 2013, 2015, 2030, 2033, 2034, 2035, 2165, 2167, 2168, 2184, 2222, 2223, 2235, 2285, 2286, 2292, 2293, 2294, 2295, 2296, 2452, 2462, 2471, 2473, 2486, 2488, 2497, 2498, 2500, 2501, 2504, 2505, 2506, 2511, 2512, 2513, 2516, 2 517, 2519, 2523, 2525, 2526, 2527, 2528, 2529, 2532, 2534, 2537, 2538, 2540, 2541, 2542, 2544, 2545, 2546, 2550, 2551, 2554, 2555, 2561, 2565, 2567, 2570, 2571, 2574, 2577, 2578, 2580, 2581, 2583, 2584, 2585, 2587, 2588, 2589, 2592, 2593, 2595, 2600, 2601, 2605, 2606, 2609, 2610, 2611, 2612, 2613, 2614, 2616, 2621, 2627, 2630, 2632, 2633, 2634, 2637, 2638, 2639, 2641, 2642, 2643, 2646, 2647, 2857, 2860, 2862, 2863, 2865, 2868, 2872, 2874, 2877)
**RESPONSE:** The purpose of this revision was to fulfill the Commonwealth’s responsibility

to reduce emissions to attain and maintain the health

- based ambient standards. Implementation of the final amendments are reasonabl y necessary to achieve and maintain the national ambient air quality standards.
28. **COMMENT :**  We drive our cars and SUVs to states already adopting California standards and we don’t think about the pollution we left behind in the trip. Our pollution spreads to other states as well. ( 594, 905, 944, 1263, 1924, 2201 )
**RESPONSE:** The Department agrees that vehicles driven b y Penns yl vania residents and Pennsylvania pollution affect the air quality in other states. The Commonwealth has a responsibility

when devising clean air plans to take this effect into account.
29. **COMMENT:** We in the northeast face a much greater challenge than other states when it comes to air pollution such as population density and pollution that blows over from the Mid West. Since we are affected b y that pollution, we need to do all that we can to keep our air clean and safe to breathe. ( 556, 628, 771, 1004, 1152 )
**RESPONSE:** The Department agrees that the northeast faces a greater challenge than many other states and that it is affected b y pollution from upwind areas. The Commonwealth has worked hard to ensure that upwind areas address that pollution and has made substantial progress.
30. **COMMENT:** Many commentators mentioned future generations and long

- term benefits as reasons for supporting the implementation of the Pennsylvania Clean Vehicles Program. Examples include the following statements: We need to not only

take care of the air for ourselves, but for our children. This program is necessary for the future of our children. The future health of our residents is at stake along with a cleaner environme nt.29

The comments were made in reference to protection of health and the environment, most commonly

global warming. ( 50, 79, 89, 111, 197, 199, 230, 242, 247, 253, 307, 309, 316, 326, 350, 403, 405, 412, 413, 424, 508, 558, 571, 581, 646, 700, 742, 780, 787, 807, 862, 866, 887, 897, 923, 941, 993, 1040, 1134, 1148, 1184, 1251, 1263, 1316, 1320, 1332, 1364, 1382, 1388, 1412, 1440, 1453, 1482, 1682, 1744, 1790, 1795, 1800, 1806, 1814, 1858, 1895, 1897, 1914, 1931, 1939, 2019, 2038, 2072, 2169, 2184, 2189, 2 234, 2245, 2246, 2247, 2253, 2262, 2264, 2273, 2281, 2301, 2319, 2322, 2325, 2340, 2352, 2370, 2373, 2455, 2842, 2847, 3877, 4663, 4665, 4703, 4707, 4708, 4709, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 4732, 4826 )
**RESP ONSE:**  The Department agrees with the long

- term nature of implementing a new vehicle program, since it will take some time for model y ear 2008 and newer vehicles, as required under the final

- form amendments to the Pennsylvania Clean Vehicles Program, to co mprise a majorit y of the fleet. The ye ar 2025 represents the year 95% of the Commonwealth’s vehicles are expected to be those certified b y C alifornia.
31. **COMMENT:** Many commentators supported the Pennsy lvania Clean Vehicles Program because of i ts effects on GHG and thus global climate change. Examples of these statements include the following: The Pennsylvania Clean Vehicles Program is expected to reduce global warming pollution from passenger vehicles b y about 30 percent. This is a huge step forward in reducing American’s global warming emissions, particularl y if other states implement similar standards. Tailpipe emissions from passenger vehicles are a major component of all the global warming pollution created in Pennsylvania. The Pennsylvania Clean Vehicles Program would help curb smog and global climate change pollution that poses public health and environmental threats to our citizens. Action is required to combat global warming and reducing GHG is a critical part of that. Pennsyl vania contributes more to global warming gases than 105 other nations combined, so we have an obligation to reduce our contributions as soon as possible. We don’t y et know what the costs of global warming may be.
( 65, 111, 114, 147, 201, 220, 242, 304 , 360, 603, 689, 700, 761, 788, 816, 963, 990, 1013, 1134, 1136, 1137, 1138, 1147, 1251, 1252, 1253, 1262, 1270, 1272, 1326, 1336, 1378, 1388, 1407, 1409, 1428, 1480, 1482, 1497, 1510, 1540, 1541, 1554, 1556, 1585, 1588, 1592, 1594, 1603, 1605, 1607, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1639, 1640, 1641, 1643, 1645, 1647, 1650, 1654, 1660, 1663, 1667, 1669, 1670, 1674, 1678, 1680, 1684, 1687, 1691, 1693, 1695, 1697, 1698, 1699, 1700, 1705, 1744, 1760, 1762, 1770, 1772, 1773, 1786, 1789, 1791, 1794, 179 5, 1797, 1800, 1801, 1802, 1803, 1805, 1807, 1815, 1816, 1818, 1820, 1825, 1827, 1828, 1830, 1834, 1835, 1837, 1840, 1844, 1845, 1846, 1847, 1848, 1850, 1852, 1853, 1854, 1864, 1869, 1872, 1873, 1876, 1877, 1880, 1891, 1896, 1917, 1926, 1929, 1931, 1933, 1 934, 1937, 1938, 1948, 1952, 1954, 1960, 1963, 1965, 1966, 1969, 1972, 1973, 1974, 1975, 1977, 1979, 1984, 1986, 1987, 1996, 1997, 2000, 2008, 2009, 2011, 2013, 2015, 2030, 2033, 2037, 2063, 2070, 2072, 2073, 2074,30

2075, 2076, 2078, 2082, 2083, 2084, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2102, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2131, 2133, 2134, 2135, 2136, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154, 215 5, 2156, 2157, 2158, 2159, 2160, 2161, 2162, 2163, 2165, 2167, 2168, 2181, 2182, 2196, 2199, 2201, 2218, 2222, 2223, 2233, 2235, 2237, 2239, 2240, 2244, 2245, 2247, 2249, 2251, 2252, 2253, 2254, 2257, 2259, 2260, 2263, 2264, 2265, 2267, 2280, 2285, 2286, 2 289, 2292, 2293, 2294, 2295, 2307, 2309, 2311, 2312, 2313, 2314, 2316, 2317, 2322, 2325, 2326, 2327, 2329, 2330, 2331, 2332, 2333, 2334, 2340, 2365, 2371, 2375, 2437, 2449, 2450, 2452, 2455, 2458, 2460, 2462, 2471, 2488, 2491, 2492, 2493, 2497, 2498, 2499, 2500, 2501, 2504, 2505, 2506, 2510, 2511, 2512, 2515, 2516, 2517, 2518, 2519, 2521, 2522, 2523, 2524, 2525, 2527, 2528, 2529, 2534, 2535, 2538, 2540, 2541, 2542, 2545, 2546, 2549, 2550, 2551, 2552, 2553, 2554, 2555, 2559, 2561, 2562, 2565, 2567, 2570, 257 1, 2574, 2575, 2577, 2578, 2579, 2580, 2581, 2583, 2584, 2585, 2589, 2591, 2592, 2593, 2595, 2597, 2598, 2600, 2601, 2602, 2603, 2604, 2605, 2606, 2609, 2610, 2611, 2612, 2616, 2619, 2621, 2622, 2623, 2629, 2630, 2632, 2633, 2634, 2635, 2637, 2639, 2641, 2 642, 2643, 2644, 2645, 2646, 2647, 2648, 2649, 2840, 2851, 2857, 2858, 2861, 2862, 2863, 2865, 2866, 2870, 2871, 2872, 2873, 2878, 2879, 3181, 3182, 3185, 3190, 3193, 3427, 3601, 3817, 4237, 4238, 4240, 4347, 4486, 4493, 4494, 4495, 4532, 4682, 4687, 4703, 4707, 4708, 4709, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 4732 )
**RESPONSE:** The Department agrees with the commentators regarding anticipated GHG reductions as a benefit of the Penns yl vania Clean Vehicles Program. Because new model y ear 2008 vehicles in Pennsylvania will be those certified by CARB, and because in order to receive CARB certification after model y ear 2009, an auto manufacturer will have to meet the GHG fleet average based on sales in California, Penns yl vania expects to realize similar GHG reductions to those anticipated in California. California estimated their regulations would ultimately provide about a 30% reduction in GHG emissions from new vehicles required to comply compared to the 2002 fleet. The Department also agrees with the commentators that transportation emissions are a significant source of GHG emissions. A Greenhouse Gas Emissions Inventory for Pennsylvania by Pennsylvania State University

researchers (Journal of the Air and Waste Mana gement Association, August 2005) stated that transportation emissions accounted for the largest increases in emissions between 1990 and 1999, with total GHG emissions increasing by 3 percent from 1990 to 1999. In 1999, fossil fuel combustion accounted for over 90% of GHG emissions in Pennsylvania, and transportation accounted for over 25% of GHG emissions for fossil fuel.
32. **COMMENT:** We should do all we can to protect our precious environment and natural resources in Pennsy lvania. Some commentators al so pointed out various other environmental effects that could be co

- benefits of reducing volatile organic compounds, mobile air toxics, and/or GHG such as reduced deposition of toxics into water affecting wildlife, and reduced productivity of agriculture. ( 18, 316, 346, 353, 459, 468, 502, 564, 751, 912, 918, 993, 1013, 1178, 1247, 1251, 1252, 1253, 1428, 1453, 1497, 1685, 1738, 1895, 1928, 1981, 2069, 2070, 2072, 2073, 2074, 2075, 2076, 2078, 2082, 2083, 2084, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097 , 2098, 2099, 2100, 2101, 2102, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2112, 2114, 2131, 2133, 2134, 2135, 2136, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2159, 2160, 21 61, 2162, 2163, 2184, 2252, 2307, 2309, 2311, 2312, 2313, 2314, 2316, 2317, 2320, 2369, 2375, 2622, 2623, 2839, 2840, 2842, 2846, 2878, 2879, 4486, 4493, 4494, 4495, 4687 )
**RESPONSE:** The Department agrees that there are environmental effects of ground

lev el ozone pollution. Pennsy lvania’s Clean Vehicles program is designed to achieve31

emission reductions from ozone precursors and other air pollutants from new motor vehicles. Comments concerning economic issues
33. **COMMENT:** Commentators indicated that the failure to decrease ozone precursors create additional health care costs. Examples of these statements include the following: The Pennsylvania Clean Vehicles Program is a step towards protecting public health and easing the suffering and costs of asthma and allergy sufferers. Medical expenses and insurance pay ments reflect our failure to control air pollution. The consequences result in a total loss of about $1 billion per y ear, half accounted for by health care costs and the remainder including l ost work and productivity, and premature mortality

. Costs have the potential to grow at a time when many Penns yl vanians are uninsured or lack access to adequate health care. Costs, if any , associated with clean car programs are recouped many times ove r in savings in health, work and lives.
( 89 **,** 152 **,** 335 **,** 501 **,** 508 **,** 700 **,** 726 **,** 1164 **,** 1262 **,** 1264 **,** 1271 **,** 1274 **,** 1440 **,** 1604 **,** 1668 **,** 1857 **,** 2028 **,** 2058 **,** 2247 **,** 2269, 2335 **,** 2369 **,** 2371 **,** 2375 **,** 2435 **,** 2631 **,** 2636 **,** 2650 **,** 2851 **,** 3205 **,** 3423 **,** 3434 )
**RESPONSE:** The Department agrees that there are significant costs associated with adverse health effects of air pollution and that the Pennsylvania Clean Vehicles Program can help prevent these cost expenditures

. 34. **COMMENT:** Clean air is good for the economy . Environmental r egulations make the US stronger. Examples of similar statements include the following: People are deterred from moving to an area because of the poor air quality. Pennsylvania’s ranking among the worst states in the country when it comes to air pollut ion discourages economic growth by allowing competing states to claim Pennsylvania provides a poor quality of life. Having smog pollution levels that alread y exceed federal health standards in over half of our counties will severel y limit business and i ndustry growth opportunities in these counties. Clean air will help protect our natural beauty to encourage continued tourism which is important to Pennsylvania.32

(599, 611, 620, 700, 782, 1067, 1138, 1140, 1142, 1148, 1262, 1272, 1556, 1685, 1720, 180 6, 2069, 2175, 2196, 2254, 2257, 2258, 2352, 2395, 2532, 2587, 2620, 4235)
**RESPONSE:** The Department agrees with the statements about the economic benefit of clean air.
35. **COMMENT:** Many commentators stated that the Pennsy lvania Clean Vehicles Program is good for the economy and for the American automobile industry itself. Examples include the following statements: The danger in not implementing the Penns yl vania Clean Vehicles Program is that the U.S. auto industry

would fall further behind in th e econom y and competitors, because 4/5 of Americans desire higher fuel performance vehicles. America’s car manufacturers are almost alway s dragging their feet to their own detriment and to the detriment of the consumer.
The American automakers are alr ead y suffering for the lack of LEVs capable of competing with those of foreign manufacturers. Tougher standards will help Americans innovate new technologies rather than stagnate in old business models. The regulation can spur creativity in vehicle d evelopment and create more demand for cars which are better environmental performers thus bringing the cost of technology

down faster.
( 116, 206, 441, 644, 761, 828, 973, 1067, 1141, 1262, 1266, 1270, 1585, 1588, 1590, 1591, 1592, 1594, 1597, 1601, 1603 , 1604, 1605, 1607, 1608, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1624, 1640, 1641, 1643, 1646, 1647, 1650, 1654, 1655, 1656, 1658, 1660, 1662, 1663, 1666, 1667, 1668, 1669, 1670, 1674, 1675, 1678, 1680, 1681, 1682, 1683, 1684, 1685, 1686, 1687, 1689, 16 91, 1693, 1695, 1697, 1698, 1699, 1700, 1705, 1713, 1762, 1770, 1772, 1773, 1779, 1780, 1785, 1786, 1789, 1791, 1793, 1794, 1795, 1796, 1797, 1800, 1801, 1802, 1803, 1805, 1806, 1807, 1809, 1812, 1813, 1814, 1815, 1816, 1818, 1819, 1820, 1822, 1824, 1825, 1826, 1828, 1830, 1831, 1833, 1834, 1835, 1837, 1840, 1842, 1844, 1845, 1846, 1847, 1848, 1850, 1852, 1853, 1854, 1857, 1859, 1861, 1862, 1863, 1864, 1865, 1867, 1869, 1872, 1873, 1876, 1877, 1878, 1880, 1887, 1888, 1891, 1895, 1896, 1898, 1905, 1906, 1907 , 1908, 1912, 1914, 1917, 1926, 1928, 1929, 1930, 1931, 1933, 1934, 1937, 1943, 1944, 1946, 1947, 1948, 1952, 1958, 1960, 1962, 1963, 1964, 1965, 1967, 1969, 1972, 1973, 1974, 1975, 1977, 1978, 1979, 1981, 1984, 1986, 1987, 1990, 1996, 1997, 2000, 2009, 20 11, 2013, 2015, 2028, 2030, 2033, 2034, 2035, 2037, 2058, 2063, 2165, 2167, 2168, 2173, 2178, 2181, 2182, 2184, 2191, 2196, 2199, 2200, 2201, 2212, 2218, 2222, 2223, 2227, 2228, 2231, 2233, 2235, 2237, 2240, 2276, 2280, 2282, 2285, 2286, 2289, 2291, 2292, 2293, 2294, 2295, 2296, 2322, 2433, 2436, 2450, 2451, 2452, 2455, 2458, 2460, 2462, 2465, 2470, 2471, 2473, 2476, 2486, 2488, 2490, 2491, 2492, 2493, 2494, 2495, 2497, 2498, 2499, 2500, 2501, 2502, 2504, 2505, 2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513 , 2514, 2515, 2516, 2517, 2518, 2519, 2520, 2521, 2522, 2523, 2524, 2525, 2526, 2527, 2528, 2529, 2532, 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2553, 2554, 2555, 2559, 2560, 2561, 25 62, 2564, 2565, 2566, 2567, 2568, 2570, 2571, 2572, 2574, 2575, 2576, 2577, 2578, 2579, 2580, 2581, 2582, 2583, 2584, 2585, 2586, 2587, 2588, 2589, 2591, 2592, 2593, 2594, 2595, 2596, 2597, 2598, 2599, 2600, 2601, 2602, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2612, 2613, 2614, 2616, 2617, 2619, 2620, 2621, 2627, 2629, 2630, 2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639, 2641, 2642, 2643, 2644, 2645, 2647, 2649, 2857, 2858, 2859, 2860, 2862, 2863, 2864, 2865, 2866, 2868, 2869, 2871, 2872, 2874, 2875 , 2877, 2897, 2898, 2899,33

2900, 2901, 2902, 2903, 2904, 2905, 2906, 2907, 2908, 2909, 2910, 2911, 2912, 3185, 3429, 3430, 3431, 3432, 3433, 3434, 3435, 3436, 3437, 3438, 3439, 3440, 3441, 3442, 3443, 3444, 3445, 3446, 3447, 3448, 3449, 3450, 3451, 3452, 34 53, 3454, 3455, 3456, 3457, 3458, 3459, 3460, 3461, 3462, 3463, 3464, 3465, 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474, 3475, 3476, 3477, 3478, 3479, 3480, 3481, 3482, 3483, 3484, 3485, 3486, 3487, 3488, 3489, 3490, 3491, 3492, 3493, 3494, 3495, 3496, 3497, 3498, 3499, 3500, 3501, 3502, 3503, 3504, 3505, 3506, 3507, 3508, 3509, 3510, 3511, 3512, 3513, 3514, 4237, 4238, 4240, 4347,4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4743, 4744 )
**RESPONSE:** The National Academy of Sciences in dicated in its recent report entitled, State and Federal Standards for Mobile Source Emissions , that it is difficult to determine what parties bear what fraction of the costs of emission standards. Therefore, it would be difficult to assess the quantitati ve validity of these statements, which are ancillary to the rulemaking.
36. **COMMENT:** Unless we reduce vehicle emissions, there will be no room for industry to expand in the 37 counties not attaining the standard for ozone. If reductions in these air pollutants do not come from cars and light trucks, further reductions of pollution will be required from power plants and industries, making it hard to locate new businesses and expand existing businesses in areas that do not meet clean air standards. Leg islative attempts to kill CA L EV II would force new pollution controls on non

- vehicle sources of air pollution that could cost an area jobs. ( 353, 761, 991, 1136, 1137, 1138, 1266, 1272, 1308, 1585, 1588, 1592, 1605, 1607, 1608, 1611, 1612, 1615, 1616, 1 640, 1641, 1643, 1645, 1647, 1654, 1659, 1660, 1663, 1669, 1674, 1678, 1680, 1681, 1684, 1687, 1689, 1691, 1693, 1697, 1698, 1699, 1700, 1762, 1770, 1772, 1773, 1780, 1786, 1789, 1791, 1794, 1795, 1801, 1802, 1803, 1805, 1807, 1809, 1812, 1815, 1816, 1818, 1822, 1824, 1825, 1828, 1830, 1834, 1835, 1837, 1844, 1845, 1847, 1848, 1850, 1852, 1853, 1857, 1864, 1865, 1869, 1872, 1876, 1877, 1878, 1880, 1891, 1898, 1906, 1908, 1926, 1930, 1931, 1938, 1943, 1946, 1947, 1952, 1954, 1958, 1960, 1963, 1966, 1969, 197 2, 1974, 1979, 1984, 1987, 2011, 2013, 2015, 2030, 2034, 2035, 2063, 2165, 2167, 2168, 2178, 2182, 2184, 2196, 2200, 2212, 2218, 2223, 2231, 2233, 2235, 2237, 2244, 2282, 2285, 2286, 2289, 2292, 2293, 2294, 2296, 2352, 2433, 2436, 2450, 2452, 2462, 2471, 2 473, 2488, 2491, 2492, 2495, 2497, 2498, 2499, 2500, 2501, 2504, 2505, 2506, 2507, 2509, 2510, 2511, 2512, 2513, 2515, 2516, 2518, 2519, 2520, 2523, 2524, 2525, 2526, 2527, 2528, 2529, 2531, 2532, 2534, 2535, 2537, 2538, 2539, 2541, 2542, 2543, 2545, 2546, 2549, 2550, 2551, 2552, 2554, 2555, 2559, 2561, 2567, 2570, 2571, 2574, 2575, 2577, 2578, 2580, 2583, 2584, 2587, 2589, 2590, 2592, 2593, 2595, 2598, 2600, 2601, 2602, 2604, 2605, 2606, 2609, 2611, 2612, 2613, 2614, 2616, 2621, 2629, 2630, 2632, 2633, 263 4, 2635, 2637, 2638, 2639, 2641, 2642, 2643, 2644, 2646, 2647, 2648, 2857, 2858, 2860, 2862, 2863, 2865, 2866, 2868, 2870, 2874, 2875, 3185, 3190, 3427, 4237, 4238, 4240, 4347 )
**RESPONSE:** Vehicle emissions continue to contribute significantly to emissions causing ozone and are predicted to do so well into the future. To the extent that the Commonwealth can rel y on emission reductions from the Pennsy lvania Clean Vehicles Program to attain and maintain the health

- based ambient air quality standards, the Commonwealth’s need to find additional reductions from industry , power plants, commercial operations, consumer activities or other mobile sources of pollution will be reduced. Pennsy lvania has limited ability under the federal CAA to require mobile
source re ductions, so controls on stationary and commercial business sources are the most viable when additional reductions are necessary . There is a shrinking slate of options since the Department is alread y stringently regulating most other sectors. It is unlik ely that the Commonwealth will make progress in meeting its clean air obligations in certain geographic areas if the Department foregoes additional emission reductions34

from the transportation sector. Reducing vehicle emissions provides additional room fo r economic growth while still maintaining air quality.
37. **COMMENT:** To do it clean in the beginning is far less expensive than to clean it up after the damage. We should use all available technology to reduce harmful pollutants from their source befo re they enter the atmosphere. ( 567, 782, 1263, 1356, 1548, 2338, 2339, 2340, 2341, 2342, 2343, 2757 )
**RESPONSE:** The Department agrees.
38. **COMMENT:** Several commentators supported the Penns yl vania Clean Vehicles Program because of the need for governme nt regulation to balance the profit

- making concerns of private industry in the transportation field. Examples of such statements include the following: Corporations will choose quick monetary profits over almost any

other public or private consumer good accomplished by their respective agencies. California and the European Union are way ahead of the curve in correcting this imbalance between markets and resources regarding the personal automobile. American corporations don’t voluntarily do an ything that increases current costs, no matter what it does for society at large, which they ultimately depend on. Lessening dependence on oil is going to spread the wealth around, rather than in the stock portfolios of oil companies.
( 10, 13, 102, 152, 396, 459, 567, 571, 581, 635, 700, 1141, 1147, 1148, 1245, 1270, 1297, 1515, 1556, 1813, 2166, 2246, 2247, 2263, 2287, 2324, 2335, 2370, 2451, 4123, 4650 )
**RESPONSE:** The Department agrees that government regulation is sometimes necessary for the protection of public health and the environment. Voluntary measures also reduce emissions.
39. **COMMENT:** Many commentators mentioned issues of saving money on fuel, energy independence and responsible use of petroleum resources as reasons for supporting the imp lementation of the Pennsylvania Clean Vehicles Program. Examples of these statements include: The Pennsylvania Clean Vehicles Program would provide more fuel

- efficient vehicles for Penns yl vania. An added benefit of the standards is that they would like ly

make cars go farther on a gallon of gas, saving Pennsylvanians money when they

fill up at the gas pump. Pennsylvanians are clearly interested in more fuel

- efficient vehicles, as evidenced b y the success of the rebate program for h yb rid vehicles.35 Clean cars are more fuel

- efficient than heav y polluters and gasoline is expensive.

Saving money

at the pump is a top priority . There should be reduced vehicle operating costs under LEV II. The price of fuel can only be expected to rise, so savings on fuel costs due to greater fuel efficiency

will probably

grow.
We would make this nation safer b y reducing our dependency on natural resources that come in the largest quantities from the most volatile portion of the globe.
( 7, 18, 46, 111, 116, 132, 232, 30 4, 326, 384, 507, 567, 571, 602, 603, 621, 700, 716, 729, 761, 788, 810, 886, 912, 938, 1137, 1139, 1140, 1141, 1142, 1143, 1145, 1147, 1183, 1204, 1217, 1227, 1262, 1263, 1266, 1269, 1270, 1271, 1272, 1345, 1400, 1428, 1510, 1597, 1607, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1641, 1643, 1645, 1647, 1654, 1660, 1662, 1663, 1669, 1670, 1678, 1680, 1683, 1684, 1687, 1691, 1693, 1697, 1698, 1699, 1700, 1713, 1736, 1762, 1770, 1772, 1773, 1780, 1789, 1794, 1797, 1805, 1807, 1809, 1822, 1825, 1828, 1831, 1833 , 1834, 1845, 1850, 1852, 1853, 1854, 1861, 1869, 1876, 1877, 1878, 1880, 1887, 1891, 1908, 1917, 1926, 1929, 1930, 1931, 1933, 1934, 1937, 1938, 1954, 1963, 1964, 1965, 1967, 1969, 1974, 1975, 1986, 1987, 1997, 2013, 2015, 2017, 2018, 2019, 2020, 2021, 20 30, 2034, 2035, 2067, 2071, 2075, 2077, 2079, 2080, 2081, 2085, 2086, 2087, 2088, 2089, 2101, 2103, 2104, 2113, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2132, 2137, 2164, 2165, 2167, 2168, 2200, 2214, 2218, 2223, 2235, 2237, 2239, 2240, 2244, 2247, 2248, 2254, 2262, 2263, 2267, 2285, 2289, 2293, 2294, 2295, 2296, 2298, 2299, 2300, 2301, 2302, 2303, 2306, 2308, 2315, 2322, 2326, 2327, 2329, 2330, 2331, 2333, 2334, 2336, 2369, 2372, 2374, 2375, 2395, 2433 , 2450, 2452, 2458, 2460, 2462, 2471, 2473, 2488, 2491, 2493, 2497, 2501, 2505, 2506, 2507, 2510, 2511, 2512, 2514, 2516, 2517, 2518, 2519, 2520, 2524, 2526, 2527, 2529, 2531, 2541, 2549, 2551, 2552, 2556, 2557, 2559, 2561, 2567, 2568, 2570, 2574, 2577, 25 78, 2579, 2581, 2583, 2585, 2589, 2593, 2594, 2595, 2598, 2600, 2602, 2604, 2605, 2606, 2609, 2610, 2611, 2612, 2614, 2616, 2624, 2625, 2626, 2627, 2629, 2630, 2632, 2633, 2634, 2651, 2860, 2862, 2863, 2865, 2868, 2871, 2873, 2990, 2999, 3181, 3182, 3185, 3190, 3193, 3421, 3423, 3424, 3425, 3426, 3427, 4235, 4237, 4238, 4240, 4333, 4334, 4335, 4336, 4337, 4338, 4342, 4344, 4345, 4347, 4682, 4688, 4689, 4703, 4707, 4708, 4709, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 2726, 4727, 4728, 4729, 4730, 4731, 473 2, 4746, 4747, 4751 )
**RESPONSE:** The Department agrees that these are co

- benefits of the Pennsy lvania Clean Vehicles Program for model y ear 2009 and subsequent vehicles. CARB predicted that b y MY 2016 the operational efficiency savings of vehicles meeting the GHG requirements, which start in MY 2009, would afford owners an overall cost savings of $3.50 to $7.00 per month, assuming a price of $1.74 per gallon of gasoline. These savings are probably understated, since the price of gasoline is likely to rema in higher than that used in CARB’s anal ys is.
40. **COMMENT:** Commentators made various statements regarding current and potential costs to consumers and the industry as a result of compliance with California emission standards. Examples of these statem ents include: Some arguments against the Pennsy lvania Clean Vehicles Program involve cost, but the argument is questionable.36 Vehicles certified under the Pennsylvania Clean Vehicles Program are not more

expensive than vehicles that meet federal standards. The Department conducted a web study of prices for Ohio, New York and Penns yl vania that showed in almost all cases that the price was the same.
AAA stated that cars would cost thousands of dollars and this would hurt low

- income consumers, but this i sn’t true. The larger question for us is what the cost will be if we fail to design cars with lower emissions. As vehicle manufacturers respond to the Penns yl vania market, it is more than likely that production volumes will absorb an y increase in prod uction costs.
( 7, 761, 1136, 1138, 1139, 1262, 1264, 1266, 1271, 1272, 1345, 1762, 1780, 1794, 1797, 1800, 1802, 1807, 1809, 1825, 1828, 1833, 1840, 1844, 1845, 1846, 1850, 1852, 1853, 1859, 1869, 1877, 1880, 1888, 1891, 1895, 1906, 1926, 1934, 1938, 19 47, 1952, 1954, 1964, 1965, 1967, 1969, 1973, 1974, 1981, 1987, 2009, 2011, 2015, 2030, 2034, 2035, 2181, 2199, 2200, 2218, 2223, 2235, 2237, 2240, 2257, 2259, 2261, 2285, 2289, 2292, 2293, 2295, 2436, 2452, 2604, 2605, 2606, 2609, 2611, 2612, 2613, 2616, 2619, 2621, 2629, 2630, 2632, 2633, 2635, 2638, 2639, 2641, 2642, 2646, 2863, 2865, 2868, 3185, 4237, 4238, 4347 )
**RESPONSE:** The Department agrees that there presentl y appears to be little to no cost difference between the prices of CARB

- certified cars and federal Tier II cars to the consumer. This is not expected to change in model y ear 2008. For model year 2009 and bey ond, CARB is predicting increases in initial purchase prices starting at $17 for passenger cars and small trucks and $36 for large truc ks and SUVs, ending at about $1,000. In 2016, by

which time the most stringent GHG standards would be in place in California, CARB predicts the estimated increases in initial cost to be $1,064 for smaller vehicles and $1,029 for larger vehicles. The auto industry estimates the maximum costs to be $3,000. For model year 2009 and bey ond vehicles, CARB predicts that the cost of sticker price increases will be overtaken during the life of the vehicle b y increased efficiency

. 41. **COMMENT:** Commentators made statements about the historical trends of estimating future costs. Examples of such statements include the following:

Itis clear from the history of regulation of the auto industry that cost estimates invariably

significantly

overstate the costs that consumers experience when such air pollution control measures are actuall y implemented.
Pre

- regulatory

estimates from both the automobile industry and the regulators are ty picall y higher than what the costs end up being. Given this track record, to bas e an y policy decision on the automobile industry ’s estimate with regard to the Pennsylvania Clean Vehicles Program doesn’t make sense.

In cremental initial costs of the GHG portion of the California LEV program may actuall y be very small in proportion to total costs of a vehicle. ( 1264, 2239 )37

**RESPONSE:** The Department shares the commentators’ concerns regarding reliance solely on cost estimates provided by industry

. 42. **COMMENT:** Commentators indicated that the benefits are worth any costs associated w ith the Pennsylvania Clean Vehicles Program. Examples of such statements include the following: We are doing our part by buying cleaner vehicles now, even if they are more expensive. Any costs associated with the Pennsylvania Clean Vehicles Program w ould be well worth the public health benefits and reduction in global warming. Even if the costs of cars are a bit higher, the costs of not implementing the program is to turn our backs on the responsibility to leave a healthy

world for our children.

It ’s wrong not to improve emission standards because of pressures from industry groups that the cost is too high. According to the results of a Harris Poll in 2005, 74% of US adults agree that “protecting our environment is so important that requirements and standards cannot be too high.”
( 13, 46, 144, 194, 257, 451, 680, 701, 885, 926, 1216, 1264, 1357, 1440, 1467, 1479, 1742, 1792, 1840, 1861, 1863, 1901, 1990, 2064, 2091, 2092, 2094, 2214, 2237, 2244, 2245, 2248, 2253, 2259, 2265, 2267, 2336)
**RESPO NSE:**  Commonwealth agencies must consider the costs and benefits of regulatory

measures. There is no present cost to consumers of the Penns yl vania Clean Vehicles Program, since postponing the program does not incur costs. Vehicles meeting the GHG standar ds, starting with model y ear 2009, will provide a cost savings to consumers over the life of the vehicle. Comments regarding technology and vehicles
43. **COMMENT:** The standard

- setting process in California leads to more innovation. Examples of such s tatements include the following: California has historically revised its standards more frequentl y than the federal government. The result has often been more stringent standards in California for a period of some ye ars before the federal standards catch up. A recent report b y the National Academ y of Science’s National Research Council (NRC) found that California’s role in setting emission standards has been scientifically

valid and necessary

to achieve clean air goals in parts of the country38 struggling to clean up the air. The report also found that the California standards

have helped speed up technological air pollution control innovations. Leading edge policies and technologies that encourage efficiency have long been a California export right al ong with our movies and semiconductors. As California adopts new standards, other states follow and then they ’re adopted at the federal level.
( 1136, 1266, 1556, 1742, 1763, 2272 )
**RESPONSE:** The Department agrees with the characterization of the Calif ornia program and the findings in the NRC report. The NRC found that the California program has been beneficial overall for air quality by improving mobile

- source emissions control.
44. **COMMENT:** Technology exists that would allow cars and trucks to run cleaner and significantl y reduce our air pollution problem. California has demonstrated this for years. The technology

is being used and has been proven in nine other states. When we have the technology

to improve emission standards in our cars, it’s fundamentally wrong not to do so. Many

commentators mentioned the availability and popularit y of the hybrid vehicle.
(65, 92, 206, 232, 370, 585, 644, 656, 700, 810, 1137, 1147, 1262, 1267, 1270, 1515, 1659, 1705, 1813, 2086, 2239, 2243, 2250, 2253, 226 7, 2269, 2272, 2325, 2326, 2328, 2329, 2330, 2333, 2334, 2335, 2336, 2375, 2376, 2377, 2378, 2379, 2380, 2381, 2382, 2383, 2384, 2385, 2386, 2387, 2388, 2389, 2390, 2391, 2392, 2393, 2394, 2395, 2396, 2397, 2398, 2399, 2400, 2401, 2402, 2403, 2404, 2405, 2 490, 2503, 2873, 3182, 3190, 3181, 3193, 3421, 3423, 3425, 3426, 4235, 4747, 4748, 4749)
**RESPONSE:** The Department agrees that the technology exists to control ozone

- related pollutants in order to meet the CA L EV II standards, as proven in California sin ce model ye ar 2004 and the several states that have been implementing the California standards for many y ears. Compliance in Pennsylvania to meet these standards will not require additional technology

development by

the automakers. The Department belie ves that some of the technology to meet the GHG standards is on the market today . The “near

- term” GHG standards

– model y ear 2009 to 2013

-- were based on technologies that are alread y available on the market now on some vehicles or demonstrated in proto ty

pes. Those that still face technological challenges were onl y considered in setting standards for bey ond 2013. In setting standards for GHG emissions, California looked at 26 separate technologies for “near term,” 8 additional technologies for “mid

- ter

m” (2013

- 15) and 3 additional technologies for “long

- term” (2015 and bey ond). California also looked at alternative fuels, but did not include all such fuels in their evaluation (for example, full function long

- range battery electric vehicles; hy drogen veh icles) if they

would not be viable in 2009. The available technologies include engine/drivetrain improvements, air conditioning and some exhaust aftertreatment technologies (for methane and nitrous oxide). The standards were set based on combinations of these technologies. These standards do not even rel y on the most39

advanced technology

available; in fact, they

were based on the challenges that the manufacturer now having the worst

- performing fleet would face. Hy brid electric vehicle technology

was not included because California believed it would not be available across all vehicle classes
**.** Automakers are given flexibility to choose an y t echnology appropriate for the various vehicle t ypes they sell, whether or not the technology was considered b y Califo rnia. The automotive industry has been successful in meeting similar challenges since the 1960s.
45. **COMMENT:** No special fuel would be required. Cleaner vehicles are being used in New York and those drivers are able to use the same gasoline as Penn sylvanians use. (1345)
**RESPONSE:** The Department agrees. In addition, emission benefits in the Department’s anal ys is do not assume the use of California reformulated gasoline since the regulation that will be implemented in Pennsylvania does not requi re the use of California fuels in CARB certified vehicles.
46. **COMMENT:** The Pennsylvania Clean Vehicles Program is critical to consumer choice in Penns yl vania. The program provides better vehicle options to consumers. Examples of statements support ing this position include the following:

I want to bu y a car for my family but there is nothing on the market that meets my standards for fuel efficiency and environmental standards.
Consumers should be able to choose a vehicle that is cleaner and heal thier for the community

. If more fuel

- efficient vehicles are available, that’s what people will drive, and in the process they

will save money

and provide for a healthier environment. The Pennsylvania Clean Vehicles Program will allow Pennsylvania citi zens more choices in choosing cars and trucks that give off less global warming and smog pollution and also reduce the threat these have on public health.
( 223, 644, 761, 797, 1002, 1137, 1138, 1141, 1263, 1267, 1269, 1271, 1275, 1538, 1585, 1588, 1590, 1591, 1592, 1594, 1597, 1601, 1603, 1604, 1605, 1607, 1608, 1610, 1611, 1612, 1615, 1616, 1617, 1618, 1619, 1624, 1640, 1641, 1643, 1645, 1646, 1647, 1650, 1654, 1655, 1658, 1659, 1660, 1662, 1663, 1666, 1667, 1668, 1669, 1670, 1674, 1675, 1678, 1680, 168 1, 1682, 1683, 1684, 1685, 1686, 1687, 1689, 1691, 1693, 1695, 1697, 1698, 1699, 1700, 1705, 1713, 1762, 1770, 1772, 1773, 1779, 1780, 1785, 1786, 1789, 1791, 1793, 1794, 1795, 1796, 1800, 1801, 1802, 1803, 1805, 1806, 1807, 1809, 1812, 1813, 1814, 1815, 1 816, 1818, 1819, 1820, 1822, 1824, 1825, 1826, 1828, 1830, 1831, 1833, 1834, 1835, 1837, 1840, 1842, 1844, 1845, 1846, 1847, 1848, 1850, 1852, 1853, 1854, 1857, 1859, 1861, 1862, 1864, 1865, 1867, 1869, 1872, 1873, 1876, 1877, 1878, 1880, 1887, 1888, 1891, 1895, 1896, 1898, 1905, 1906, 1907, 1908, 1912, 1914, 1917, 1926, 1928, 1929, 1930, 1931, 1933, 1934, 1937, 1938, 1943, 1944, 1946, 1947, 1948, 1952, 1954, 1958, 1960, 1962, 1963, 1964, 1965, 1966, 1967, 1969, 1972, 1973, 1974, 1975, 1977, 1978, 1979, 198 1, 1984, 1986, 1987, 1990, 1996, 1997, 2000, 2009, 2011, 2013, 2015, 2030, 2033, 2034, 2035, 2037, 2063, 2165, 2167, 2168, 2173, 2178, 2181, 2182, 2184, 2196, 2199, 2200, 2201, 2212, 2218, 2222, 2227, 2228, 2231, 2233, 2235, 2239, 2257, 2262, 2276, 2280, 2 282, 2285, 2286, 2289, 2291, 2292, 2293, 2294, 2295, 2296, 2322, 2433, 2436, 2450, 2451, 2452, 2458, 2460, 2462, 2465, 2470, 2471, 2473, 2476, 2486, 2488,40

2490, 2491, 2492, 2493, 2494, 2495, 2498, 2499, 2500, 2501, 2502, 2504, 2505, 2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515, 2516, 2517, 2518, 2519, 2520, 2521, 2522, 2523, 2525, 2526, 2527, 2528, 2529, 2531, 2532, 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2553, 2554, 255 5, 2559, 2560, 2561, 2562, 2563, 2564, 2565, 2566, 2567, 2568, 2570, 2571, 2572, 2574, 2575, 2576, 2577, 2585, 2586, 2587, 2588, 2589, 2591, 2592, 2593, 2594, 2595, 2596, 2597, 2598, 2599, 2600, 2601, 2602, 2604, 2605, 2606, 2607, 2608, 2609, 2610, 2611, 2 612, 2613, 2614, 2616, 2617, 2619, 2620, 2621, 2627, 2629, 2630, 2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639, 2641, 2642, 2643, 2644, 2645, 2646, 2649, 2651, 2857, 2858, 2859, 2860, 2861, 2862, 2863, 2864, 2865, 2866, 2868, 2869, 2870, 2871, 2872, 2874, 2875, 2877, 2880, 2881, 2882, 2883, 2884, 2885, 2886, 2887, 2888, 2889, 2890, 2891, 2892, 2893, 2894, 2895, 2896, 2897, 2898, 2899, 2900, 2901, 2902, 2903, 2904, 2905, 2906, 2907, 2908, 2909, 2910, 2911, 2912, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 292 0, 2921, 2922, 2923, 2924, 2925, 2926, 2927, 2928, 2929, 2930, 2931, 2932, 2933, 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2944, 2945, 2946, 2947, 2948, 2949, 2950, 2951, 2952, 2953, 2954, 2955, 2956, 2957, 2958, 2959, 2960, 2961, 2962, 2 963, 2964, 2965, 2966, 2967, 2968, 2969, 2970, 2971, 2972, 2973, 2974, 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983, 2984, 2985, 2986, 3013, 3185, 4237, 4238, 4240, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4743, 4744, 4745 )
**RESP ONSE:**  The Department agrees that the Pennsy lvania Clean Vehicles Program can enhance vehicle choice for clean, efficient vehicles and provide environmental and health protections in the way s described b y the commentators.
47. **COMMENT:** Warranties ar e better with CARB

- certified vehicles. (1266)
**RESPONSE:** The Department agrees.
48. **COMMENT:** Under the Pennsylvania Clean Vehicles Program, automakers will still be allowed to sell gas

- guzzling SUVs, pickups and vans, as long as they sell the cleaner models as well. (1137)
**RESPONSE:** The Department agrees to some extent. The CA LEV II program establishes separate NMOG fleet averages for passenger cars and light

- duty trucks between 0 and 3750 pounds and for light

- duty trucks between 3751 and 8500 po unds. Both of these NMOG fleet averages must be met, and they cannot be averaged with each other. The CA LEV II program also establishes separate fleet averages for these categories of vehicles for GHGs; however, neither Pennsy lvania’s existing regulatio ns nor the final rulemaking requires automakers to meet the California GHG fleet average based on sales in Penns yl vania. Other comments in support
49. **COMMENT:** Commentators remarked that Pennsylvania cannot count on the federal government to protect Pe nnsylvania residents when it comes to environmental issues in general and air quality in particular, and urged the Commonwealth to be a leader. Examples of such statements include the following: At the federal level, the USEPA has repeatedl y failed to imp lement emission standards and fuel efficiency regulations that protect our health and welfare.41 We need to take localized action to protect those rights to clean air, and we can do

that through the strongest Pennsy lvania Clean Vehicles Program possible. Pennsylvania must also make significant progress of reducing our contribution to global warming now more than ever with a complete lack of federal leadership on this critical problem. The Pennsylvania Clean Vehicles Program is an opportunity for Penns ylvanians to be a leader on the environment again.
( 12, 60, 208, 209, 210, 285, 291, 350, 383, 393, 404, 447, 486, 488, 493, 500, 527, 529, 571, 578, 589, 598, 621, 622, 626, 627, 635, 650, 781, 839, 1008, 1138, 1168, 1263, 1267, 1295, 1306, 1364, 1400, 1 419, 1447, 1449, 1487, 1556, 1667, 1822, 1938, 1946, 1947, 1954, 1960, 1963, 1966, 1967, 1969, 1972, 1973, 1974, 1975, 1981, 1984, 1987, 1997, 2009, 2011, 2013, 2015, 2030, 2037, 2083, 2095, 2166, 2205, 2229, 2250, 2251, 2252, 2259, 2328, 2340, 2369, 2370, 2372, 2375, 2395, 2437, 2614, 2645, 2651, 2849, 2864, 2995, 3007, 3022, 3877, 4235, 4347, 4750, 4829 )
**RESPONSE:** The Department also agrees that the Commonwealth needs to take action where federal programs will not result in attainment and maintenance o f the federal ambient air quality

standards. In the case of emission standards for vehicles, the federal Tier II program made significant progress, but is not sufficient for Penns yl vania to attain and maintain the health

- based standards in all areas of th is Commonwealth. The National Academ y of Sciences in its recent report, State and Federal Standards for Mobile Source Emissions , affirmed the value to the entire nation of the ability of California to set standards and confirmed that California has usuall y led EPA in establishing standards for light

- duty vehicles and small non

- road gasoline engines.
50. **COMMENT:** Ten other states have alread y adopted CA LEV standards, the same standards that the Penns ylvania program has. Several commentators also pointed out other factors related to other states that have adopted the California program. Examples of these statements include the following: We would be joining a healthy group of states who are alread y acting to clean up the air they breathe. These are not states on the fringes of environmental action. When we join with other states, we establish a strong precedent to lead the nation. Joining other states will help bring total costs down for the industry and consumers.
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2598, 2600, 2602, 2604, 2605, 2606, 2609, 2612, 2614, 2616, 2621, 2629, 2630, 2632, 2633, 2634, 2637, 2639, 2642, 2643, 2644, 2646, 2648, 2857, 2860, 2863, 2865, 2866, 2868, 2870, 4238, 4240, 4377 )
**RESPONSE:** The Department agrees with the commentators. States that have adopted CA L EV standards, pursuant to Section 177 of the CAA, are Connecticut, Maine, Massachusetts, New Jersey , Ne w York, Oregon, Pennsy lvania, Rhode Island, Vermont, and Washington. As much as 30 percent of new vehicles sales in the United States will be sales of CARB

- certified vehicles b y model ye ar 2009, once all states that have thus far adopted CA LEV standards have implemented their programs. However, it should be noted that this final rulemaking does not adopt the Pennsy lvania Clean Vehicles Program but makes changes to the alread y existing regulations to postpone the program compliance date from model y ear 20 06 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definitions and cross

- references.
51. **COMMENT:** Commentators made various statements indicating that adopting California standards is not abdicating responsibility to Penns yl vania’s citizens. Examples of these statements include the following: (Those who oppose the program) want us to stay subservient to the federal regulations that are developed by federal bureaucrats. We have a right to adopt a program that we choose. Following another state’s proven standards really is not abrogating responsibility

. Ten other states have followed these standards and we know the program works. Since only

California can set its own standards, we must adopt those. This is not a case of “letting another state tell us what to do” as critics have tried to say

. We would not be beholden to the standards of other states and could opt out of any standards we decide are not suitable for us. ( 226,393, 428, 1269, 1 345, 2088 )
**RESPONSE:** The Department agrees. The federal CAA allows states like Pennsylvania to follow the federal vehicle emissions standards or adopt the California standards. In 1998, while adopting the California standards, Penns yl vania chose not t o adopt the Zero Emission Vehicle (ZEV) program requirements because of ongoing litigation and technology concerns. Subsequently , court rulings and EPA findings indicated that adoption of ZEV requirement was not required to satisfy the identicality requi rements of Section 177 of the CAA. In 1998, Pennsylvania did not adopt the California fuel standards, either; the adoption of such standards is prohibited by Pennsylvania law.43

52. **COMMENT:** Commentators stated that they do not believe AAA is represe nting the best interest of its members with AAA’s position on implementation of the Pennsylvania Clean Vehicles Program. Examples of these comments included the following:

I am offended b y the amount of money AAA is using to promote its side of this issu e. AAA opposes being able to purchase the cleanest, most fuel

- efficient vehicles possible. By

opposing the Pennsy lvania Clean Vehicles Program, AAA is actuall y supporting maintaining high fuel prices. AAA apparentl y has no process at all to gauge the op inion of their members. I do not think the membership of AAA of Penns yl vania know that AAA is say ing they are representing us. Iam disappointed that AAA has lobbied and testified against the Pennsylvania Clean Vehicles Program and the proposed amendment s. AAA does not represent my interests on this issue. AAA’s position is irresponsible, shortsighted and not appropriate.
( 615, 1269, 1274, 2166, 2257, 2269, 2272 )
**RESPONSE:** The Department acknowledges these comments; however, they do not relate to the regulatory

proposal.
53. **COMMENT:** Commentators supported the Pennsylvania Clean Vehicles Program and/or the amendments but also suggested other way s to reduce air pollution, save energy and make other environmental improvements, such as b y improving public transit, promoting h ybrids, promoting ethanol or other alternative fuels, increasing taxes on gasoline, promoting the use of “plug

- in” vehicles, making other states take the same measures Penns yl vania is taking, expanding the vehicle emission inspe ction program and providing repair assistance to low

- income individuals, improving land use, using wind and solar power, supporting research on fuel

- efficient vehicles, including diesel buses and trucks in the program, and enacting restrictions on vehicle idling.
( 6, 110, 175, 210, 249, 367, 567, 601, 635, 1058, 1067, 1076, 1146, 1152, 1515, 1517, 1788, 1858, 1905, 1990, 2002, 2040, 2070, 2075, 2179, 2191, 2193, 2264, 2269, 2614, 3864, 4100, 4109, 4473, 4808 )
**RESPONSE:** These suggestions are not within the scope of this rulemaking. The Department appreciates these ideas, some of which, including diesel retrofits and anti

idling measures, are already being implemented in Pennsylvania. Comments regarding implementation schedule
54. **COMMENT:** DEP should i mplement the Pennsylvania Clean Vehicles Program as quickly as possible. (1, 2, 3, 4, 5, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 6 0, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 1 20, 121,44

122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 17 2, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226 , 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 3 82, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 43 4, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485 , 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 6 41, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 677, 678, 679, 680, 682, 683, 684, 685, 686, 687, 688, 689, 690, 692, 693, 694, 695, 69 6, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748 , 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 811, 812, 813, 814, 815, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 862, 863, 864, 865, 866, 867, 868, 869, 870, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899, 900, 901, 904, 905, 909, 9 11, 912, 913, 917, 918, 919, 921, 923, 925, 929, 932, 941, 956, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 994, 995, 996, 997, 998, 999, 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1028, 1030, 1031, 1032, 1033, 1034, 1042, 1043, 1056, 1057, 1058, 1069, 1073, 1079, 1083, 1085, 1088, 1089, 1090, 1092, 1095 , 1096, 1101, 1105, 1107, 1109, 1110, 1111, 1117, 1118, 1120, 1121, 1122, 1123, 1124, 1126, 1129, 1130, 1151, 1152, 1153, 1156, 1157, 1163, 1166, 1168, 1170, 1171, 1172, 1174, 1175, 1176, 1177, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187, 1188, 11 89, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1214, 1215, 1216, 1222, 1223, 1224, 1225, 1226, 1228, 1229, 1230, 1232, 1233, 1234, 1235, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247, 1249, 1250, 1254, 1256, 1257, 1259, 1260, 1262, 1263, 1264, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286, 1287, 1288, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300, 1301, 1302 , 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1324, 1325, 1326, 1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 13 46, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378, 1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391, 1392, 1393, 1394, 1395, 1396, 1397, 1398, 1399, 1400, 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422,45

1423, 1424, 1425, 1426, 1427, 1428, 1429, 1430, 1431 , 1432, 1433, 1434, 1435, 1436, 1437, 1438, 1439, 1440, 1441, 1442, 1443, 1444, 1445, 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 14 74, 1475, 1476, 1477, 1478, 1479, 1480, 1481, 1482, 1483, 1484, 1485, 1486, 1487, 1488, 1489, 1490, 1491, 1492, 1493, 1494, 1495, 1496, 1497, 1498, 1499, 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1527, 1528, 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, 1538, 1539, 1540, 1541, 1542, 1543, 1544, 1545, 1546, 1547, 1548, 1549, 1550, 1551, 1552, 1553, 1554, 1555, 1556, 1557, 1558, 1559 , 1560, 1561, 1562, 1563, 1564, 1565, 1566, 1567, 1568, 1569, 1570, 1571, 1572, 1573, 1574, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1583, 1584, 1586, 1587, 1589, 1593, 1595, 1596, 1598, 1599, 1600, 1602, 1606, 1609, 1613, 1614, 1620, 1621, 1622, 16 23, 1625, 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1634, 1635, 1636, 1637, 1638, 1639, 1640, 1642, 1644, 1649, 1651, 1652, 1653, 1656, 1657, 1658, 1661, 1665, 1671, 1672, 1673, 1676, 1677, 1679, 1688, 1690, 1692, 1694, 1696, 1701, 1702, 1703, 1704, 1706, 1707, 1708, 1709, 1710, 1711, 1712, 1714, 1715, 1716, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1724, 1725, 1726, 1727, 1728, 1729, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739, 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747, 1748, 1749 , 1750, 1751, 1752, 1753, 1754, 1755, 1756, 1757, 1758, 1759, 1760, 1761, 1763, 1764, 1765, 1766, 1767, 1768, 1769, 1771, 1774, 1775, 1776, 1777, 1778, 1779, 1781, 1782, 1783, 1784, 1787, 1788, 1790, 1792, 1793, 1796, 1798, 1799, 1804, 1810, 1811, 1816, 18 17, 1821, 1823, 1827, 1829, 1831, 1832, 1836, 1838, 1839, 1841, 1849, 1851, 1855, 1856, 1868, 1870, 1871, 1874, 1875, 1879, 1881, 1882, 1883, 1884, 1885, 1886, 1889, 1890, 1892, 1893, 1894, 1897, 1899, 1900, 1901, 1902, 1903, 1904, 1909, 1910, 1911, 1913, 1915, 1916, 1918, 1919, 1920, 1921, 1922, 1923, 1924, 1925, 1927, 1929, 1932, 1935, 1936, 1937, 1939, 1940, 1942, 1945, 1949, 1950, 1951, 1953, 1955, 1956, 1957, 1959, 1961, 1968, 1970, 1971, 1976, 1980, 1982, 1983, 1985, 1988, 1989, 1991, 1992, 1993, 1994 , 1995, 1998, 1999, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2010, 2012, 2014, 2016, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2031, 2032, 2036, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 20 54, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2064, 2065, 2066, 2085, 2093, 2166, 2169, 2170, 2171, 2172, 2174, 2175, 2176, 2177, 2179, 2180, 2183, 2184, 2185, 2186, 2187, 2188, 2189, 2190, 2191, 2192, 2193, 2194, 2195, 2197, 2198, 2202, 2203, 2204, 2205, 2206, 2207, 2208, 2209, 2210, 2211, 2213, 2214, 2215, 2216, 2217, 2219, 2221, 2224, 2226, 2229, 2230, 2232, 2234, 2236, 2238, 2244, 2259, 2263, 2266, 2267, 2274, 2279, 2281, 2283, 2284, 2287, 2288, 2290, 2297, 2320, 2322, 2326, 2327, 2328, 2329, 2330 , 2331, 2332, 2333, 2334, 2336, 2340, 2353, 2354, 2355, 2356, 2357, 2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2369, 2370, 2371, 2372, 2407, 2408, 2409, 2410, 2411, 2412, 2413, 2414, 2415, 2416, 2417, 2418, 2419, 2420, 2421, 2422, 24 23, 2424, 2425, 2426, 2427, 2428, 2429, 2430, 2431, 2432, 2434, 2435, 2437, 2438, 2441, 2442, 2443, 2444, 2445, 2446, 2447, 2448, 2453, 2454, 2459, 2461, 2463, 2466, 2467, 2468, 2469, 2472, 2474, 2476, 2477, 2478, 2479, 2480, 2481, 2484, 2485, 2487, 2503, 2530, 2569, 2573, 2615, 2628, 2633, 2640, 2650, 2867, 2873, 2913, 2914, 2915, 2916, 2917, 2918, 2919, 2920, 2921, 2922, 2923, 2924, 2925, 2926, 2927, 2928, 2929, 2930, 2931, 2932, 2933, 2934, 2935, 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2944, 2945 , 2946, 2947, 2948, 2949, 2950, 2951, 2952, 2953, 2954, 2955, 2956, 2957, 2958, 2959, 2960, 2961, 2962, 2963, 2964, 2965, 2966, 2967, 2968, 2969, 2970, 2971, 2972, 2973, 2974, 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983, 2984, 2985, 2986, 2987, 29 88, 2989, 2990, 2991, 2992, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071, 3072, 3073, 3074 , 3075, 3076, 3077, 3078, 3079, 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088, 3089, 3090, 3091, 3092, 3093, 3094, 3095, 3096, 3097, 3098, 3099, 3100, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 31 17, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3134, 3135, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3148, 3149, 3150, 3151, 3152, 3153, 3154, 3155, 3156, 3157, 3158, 3159, 3160, 3161, 3162, 3163, 3164, 3165, 3166, 3167, 3168, 3169, 3170, 3171, 3172, 3173, 3174, 3175, 3176, 3177, 3178, 3179, 3180, 3181, 3182, 3184, 3189, 3190, 3193, 3194, 3195, 3196, 3197, 3198, 3199, 3200, 3201, 3202, 3203, 3204, 3205, 3206, 3207, 3208, 3209 , 3210, 3211, 3212, 3213, 3214, 3215, 3216, 3217, 3218, 3219, 3220, 3221, 3222, 3223, 3224, 3225, 3226, 3227, 3228, 3229, 3230, 3231, 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3241, 3242, 3243, 3244, 3245, 3246, 3247, 3248, 3249, 3250, 3251, 32 52, 3253, 3254, 3255, 3256,46

3257, 3258, 3259, 3260, 3261, 3262, 3263, 3264, 3265, 3266, 3267, 3268, 3269, 3270, 3271, 3272, 3273, 3274, 3275, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3283, 3284, 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 3295, 3296, 3297, 3298, 3299, 3300, 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3330, 3331, 3332, 3333, 3334, 3335, 3336, 3337 , 3338, 3339, 3340, 3341, 3342, 3343, 3344, 3345, 3346, 3347, 3348, 3349, 3350, 3351, 3352, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360, 3361, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375, 3376, 3377, 3378, 3379, 33 80, 3381, 3382, 3383, 3384, 3385, 3386, 3387, 3388, 3389, 3390, 3391, 3392, 3393, 3394, 3395, 3396, 3397, 3398, 3399, 3400, 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3421, 3423, 3424, 3425, 3426, 3516, 3517, 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3525, 3526, 3527, 3528, 3529, 3530, 3531, 3532, 3533, 3534, 3535, 3536, 3537, 3538, 3539, 3540, 3541, 3542, 3543, 3544, 3545, 3546, 3547, 3548, 3549, 3550, 3551, 3552, 3553, 3554, 3555 , 3556, 3557, 3558, 3559, 3560, 3561, 3562, 3563, 3564, 3565, 3566, 3567, 3568, 3569, 3570, 3571, 3572, 3573, 3574, 3575, 3576, 3577, 3578, 3579, 3580, 3581, 3582, 3583, 3584, 3585, 3586, 3587, 3588, 3589, 3590, 3591, 3592, 3593, 3594, 3595, 3596, 3597, 35 98, 3599, 3600, 3601, 3602, 3603, 3604, 3605, 3606, 3607, 3608, 3609, 3610, 3611, 3612, 3613, 3614, 3615, 3616, 3617, 3618, 3619, 3620, 3621, 3622, 3623, 3624, 3625, 3626, 3627, 3628, 3629, 3630, 3631, 3632, 3633, 3634, 3635, 3636, 3637, 3638, 3639, 3640, 3641, 3642, 3643, 3644, 3645, 3646, 3647, 3648, 3649, 3650, 3651, 3652, 3653, 3654, 3655, 3656, 3657, 3658, 3659, 3660, 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, 3672, 3673, 3674, 3675, 3676, 3677, 3678, 3679, 3680, 3681, 3682, 3683 , 3684, 3685, 3686, 3687, 3688, 3689, 3690, 3691, 3692, 3693, 3694, 3695, 3696, 3697, 3698, 3699, 3700, 3701, 3702, 3703, 3704, 3705, 3706, 3707, 3708, 3709, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3717, 3718, 3719, 3720, 3721, 3722, 3723, 3724, 3725, 37 26, 3727, 3728, 3729, 3730, 3731, 3732, 3733, 3734, 3735, 3736, 3737, 3738, 3739, 3740, 3741, 3742, 3743, 3744, 3745, 3746, 3747, 3748, 3749, 3750, 3751, 3752, 3753, 3754, 3755, 3756, 3757, 3758, 3759, 3760, 3761, 3762, 3763, 3764, 3765, 3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780, 3781, 3782, 3783, 3784, 3785, 3786, 3787, 3788, 3789, 3791, 3792, 3793, 3794, 3795, 3796, 3797, 3798, 3799, 3800, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3810, 3811, 3812 , 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3827, 3828, 3829, 3830, 3831, 3832, 3833, 3834, 3835, 3836, 3837, 3838, 3839, 3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3852, 3853, 3854, 38 55, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874, 3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898, 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940 , 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 3963, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 3973, 3974, 3975, 3976, 3977, 3978, 3979, 3980, 3981, 3982, 39 83, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997, 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068 , 4069, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 41 12, 4113, 4114, 4115, 4116, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, 4129, 4130, 4131, 4132, 4133, 4134, 4135, 4136, 4137, 4138, 4139, 4140, 4141, 4142, 4143, 4144, 4145, 4146, 4147, 4148, 4149, 4150, 4151, 4152, 4153, 4154, 4155, 4156, 4157, 4158, 4159, 4160, 4161, 4162, 4163, 4164, 4165, 4166, 4167, 4168, 4169, 4170, 4171, 4172, 4173, 4174, 4175, 4176, 4177, 4178, 4179, 4180, 4181, 4182, 4183, 4184, 4185, 4186, 4187, 4188, 4189, 4190, 4191, 4192, 4193, 4194, 4195, 4196, 4197 , 4198, 4199, 4200, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4208, 4209, 4210, 4211, 4212, 4213, 4214, 4215, 4216, 4217, 4218, 4219, 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4235, 4701, 4703, 4704, 4705, 47 06, 4707, 4708, 4709, 4710, 4711, 4712, 4713, 4714, 4715, 4716, 4717, 4718, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 4726, 4727, 4728, 4729, 4730, 4731, 4732, 4733, 4734, 4735, 4736, 4737, 4738, 4740, 4741, 4742, 4743, 4744, 4745, 4748, 4749, 4751, 4752, 4753, 4754, 4755, 4756, 4757, 4758, 4759, 4760, 4761, 4762, 4763, 4764, 4765, 4766, 4767, 4768, 4769, 4770,47

4770, 4771, 4772, 4773, 4774, 4775, 4776, 4777, 4778, 4779, 4780, 4781, 4782, 4783, 4784, 4785, 4786, 4787, 4788, 4789, 4790, 4791, 4792, 4793, 4794 , 4795, 4796, 4797, 4798, 4799, 4800, 4801, 4802, 4803, 4804, 4805, 4806, 4807, 4808, 4809, 4810, 4811, 4812, 4813, 4814, 4815, 4816, 4817, 4818, 4819, 4820, 4821, 4822, 4823, 4824, 4825, 4826, 4827, 4828)

**RESPONSE:** The Department appreciates the commentators’ concern. The Department has been moving rapidl y toward finalizing this rulemaking at the earliest possible opportunity . The Department proposed postponing the program’s compliance date to minimize any

potential vehicle availability issues and to specify

a transition mechanism for compliance. The Department’s use of enforcement discretion during the pendency of the rulemaking will provide the industry with time to adjust production volumes for Pennsylvania sales. Since model y ear 2008 can begin as early as January

2, 2007, the Department anticipates that compliance with the Pennsylvania Clean Vehicles Program will begin as earl y as January 2007, or as soon thereafter as the model y ear 2008 vehicles are first sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received, titled or registered in this Commonwealth.
55. **COMMENT:** I support the postponement of the Pennsylvania Clean Vehicles Program because there is value in a regionally consistent approach across the Northeast states. (2259)
**RESPONSE:** The Department agrees.
56. **COMMENT:** Pushing back the compliance date from model y ear 2006 to model ye ar 2008 won’t resolve the significant delay s in the sorts of air quality improvements that we as citizens will realize as a result of this important program. (1138)
**RESPONSE:** Upon publication of the final rulemaking, the Department anticipates that enforcement of the Pennsylvania Clean Vehicles Program will begin as early as January 2007, or as soon thereafter as the model ye ar 2008 vehicles are first sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received, titled or registered in this Commonwealth.
57. **COMMENT:** It is unclear how Pennsylvania will allow for an un enforceable period for the Clean Vehicles Program as stated in the preamble to the proposed regulation. Does this mean that the existing Pennsylvania Clean Vehicles Program, which is a part of the SI P, will be enforced until the amendatory rulemaking of the program is complete? It would seem there should be some enforcement during rulemaking. (1136)
**RESPONSE:** The Department appreciates the commentator’s concern. The Department anticipates that enforcement of the Pennsylvania Clean Vehicles Program will begin as earl y as January 2007, or as soon thereafter as the model y ear 2008 vehicles are first sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received, titled or registered in this Commonwealth.48 

### COMMENTS **OPPOSING THE PENNSYLVANIA CLEAN VEHICLES PROGRAM**  General opposition to California emission standards for Pennsy lvania

58. **COMMENT:** We do not support Pennsylvania’s proposal to adopt California’s low emission vehicle and GHG regulations for motor vehic les. We recommend the Commonwealth continue participation in the Federal Tier II program. (1265/4241, 4348/4349, 3192/4526)
**RESPONSE:** Automakers are currentl y subject to the Commonwealth’s Clean Vehicle Program requirements in Chapter 126, Subchapte r D (relating to new motor vehicle emissions control program), which incorporate certain California LEV requirements by reference in the Penns yl vania Code. This rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alr ead y existing regulations to postpone the program compliance date from model year 2006 to model ye ar 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

- references. Voluntary participation by

the automakers in the NL EV Program through MY 2005 as a compliance alternative to the Pennsylvania Clean Vehicles program, allowed manufacturers to sell cars compl yi ng with the more stringent Tier II program rather than NLEV for model years 2004 and 2005.
59. **COMMENT:** I am urging Penns yl vania just to follow the federal requirements because residents in the Philadelphia area alread y bear the “undue burden” of emissions testing and special fuels that we are forced to bu y t o operate our vehicles. (239)
**RESPO NSE:**  The five

- county Philadelphia area faces the greatest challenge in Pennsylvania in achieving and maintaining the eight

- hour health

- based ozone standards. The Pennsylvania Clean Vehicles Program will be of particular benefit to this area, where local measures, in addition to statewide programs, may still be needed to achieve and maintain the standards. The Philadelphia area also benefits b y the application of statewide programs because it is downwind of most areas of Penns yl vania.
60. **COMMENT:** I oppose the proposal; the state should follow the federal standards. The residents of Penns yl vania do not need to be penalized by more rigorous standards, since a great amount of pollution is generated in other states and is carried many miles through the atmosphere. (239)
**RESPONSE:** The Department disagrees that implementing the Penns yl vania Clean Vehicles Program will be penalizing Pennsylvania residents, since there are no present costs, and over the lifetime of the vehicle there appears to be a net savings to consumers. DEP agrees that significant amounts of pollution are generated in other states, but notes that Pennsylvania has a responsibility to reduce pollution within its borders and areas downwind of the Commonwealth. Penns yl vania is also wor king to ensure sources in49

upwind areas reduce their contribution. This rulemaking does not adopt the Pennsy lvania Clean Vehicles Program, but makes changes to the already existing regulations to postpone the program compliance date from model year 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

- references.
61. **COMMENT:** We have little faith that DEP will revise the Pennsylvania Clean Vehicles Program to maintain continued us e of the federal Tier II standard in Pennsylvania. We therefore do not support promulgation of this regulation and will continue to advocate for legislation which calls for a comprehensive strategy of assessing, improving and maintaining the Commonwealth’s air quality in a manner compliant with the federal CAA. We do not support promulgation of this regulation. (2439, 2440)
**RESPONSE:** The California standards are currently incorporated b y reference in the Commonwealth’s regulations set forth in Chapter 1 26, Subchapter D of the Pennsylvania Code. The final rulemaking revises these alread y existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturer s and update definitions and cross

references

. Since language adopted in the existing regulations as a condition of participation in NLEV allowed automakers to comply with the voluntary

program as a compliance alternative to the Pennsylvania Clean Vehicl es Program for the model y ears 2004 and 2005, manufacturers needed to sell cars complying with the more stringent mandated Tier 2 program rather than the voluntary NL EV for these model years. The Department believes that “a comprehensive strategy ” for att aining and maintaining the health

- based ambient air quality standards must reduce emissions bey ond the reductions projected for the federal programs.
62. **COMMENT:** he commentator shares the goal of increasing fuel efficiency (i.e., reducing GHGs), but opposes the proposed regulatory amendment and calls on Pennsylvania and California to focus their efforts in support of existing national programs. The EQB should provide an independent review of the flawed analy sis offered to support the GHG rule. The EQB should consider all the relevant issues before it decides whether to remain in the California program or to rely on the federal motor vehicle fuel econom y and emission rules. (4348/4349, 3192/4526)
**RESPONSE:** The Department agrees that the EQB sh ould consider all relevant issues. The Department disagrees that the Commonwealth should focus its efforts in support of existing national programs. Additional reductions are needed to ensure attainment and maintenance of the health

- based standards. During the development of these amendments, the Department engaged the services of a national transportation consultant, Michael Baker Corporation (Baker), to estimate the emission

- reducing benefits of retaining the California standards in Penns yl vania compared to participating in the federal Tier II program. This study ( Pennsylvania LE VII Air Quality Impacts, November 2004

) showed that by

2025, when full fleet turnover is expected, the California LEV II program will provide an additional reduction of 2850 to 6170 tons per50

ye ar of VOC, 3540 tons per y ear reduction of NOx and 5% to 11% more reduction of six toxic air pollutants, including a 7% to 15% additional benefit for benzene, a known carcinogen, when compared to the federal Tier II program. (See response to comment #15.)
The California standards are currentl y incorporated by reference in the Commonwealth’s regulations. The final rulemaking revises these alread y existing regulations to postpone the program compliance date from model ye ar 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

references. (See response to comment #63.)
63. **COMMENT** : Itis not necessary for Penns ylvania to adopt the GHG regulations as part of its ad option of other California motor vehicle emission regulations. We urge the EQB to use the discretion that it has under the CAA and not adopt the separate and severable California GHG regulation. (3192/4526) (GM)
**RESPONSE:** The Department adopted Chapt er 1 of Division 3, Title 13 of the California Code of Regulations (CCR) in 1998, which now includes the GHG regulation, with the exceptions of the two provisions expressly excluded in Section 126.411(b), namely the zero emission vehicle program and the Ca lifornia smog check label. The GHG provisions are incorporated b y reference and are part of the Penns yl vania program. The final rulemaking does not, however, require automakers to comply with the California GHG fleet average based on vehicles introduced for sale in the Commonwealth. In addition, CARB is expected to include compliance with the GHG provisions in its determination of whether to issue an Executive Order (i.e., certify a vehicle for sale), unlike its enforcement of the clearly separate zero emission vehicle program. Comments regarding health and environmental benefits
64. **COMMENT** : The California low emission vehicle standards will produce no air quality benefit relative to the Tier II program. EPA has stated: “ We estimated that LEV II wi ll provide about 1 percent additional reduction in mobile source VOC, and about 2 percent reduction in air toxics, over Tier II in 2020 with the program starting in the 2004 model year and lower with a later program start date .” EPA has cautioned states a gainst taking too much credit for the CA LEV program. (1265/4241, 1268/2857, 2439, 2440, 3192/4526, 4242, 4236, 4348/4349)
**RESPONSE:** The Department disagrees with the characterization of the benefits of implementing the Penns ylvania Clean Vehicles Program. This often cited letter from EPA to NESCAUM regarding NESCAUM’s analy sis of benefits was not a statement pertaining to the benefits estimated by the Department. In fact, EPA stated in a December 2005 response to State Rep. Richard Geist regarding the is sue of EPA quantification of the emissions benefits from the implementation of the Pennsylvania Clean Vehicles Program that “at present, EPA has not performed such an anal ys is, although PADEP has done so. Section 177 of the CAA does not require a state to do such analy sis prior to51

adoption of CA L EV standards. However, such benefits would need to be quantified in order to rel y on associated emission reductions in a SI P submitted for EPA approval.” The Department will submit its analy sis to EPA as part of a revision to its SI P. With regard to the 2004 letter from EPA to NESCAUM, EPA also stated in the same December 2005 letter to Rep. Geist, “EPA commented in a March 26, 2004 letter to NESCAUM on a White Paper NESCAUM prepared on methods quantifying differen ces between federal Tier II and CA L EV II standards. EPA was concerned that states use the proper methods in modeling both programs to ensure that incremental benefit from L EV II is properl y quantified, although EPA also provided a t ypical estimate for inc remental emissions benefits to be expected between the two programs. Penns yl vania should follow EPA’s guidelines when calculating incremental emissions benefits available to Pennsylvania for CA LEV II versus Tier II.” The Department used EPA guidelines in estimating the emissions benefits of implementing the amended Penns yl vania Clean Vehicles Program regulations in addition to using the NESCAUM method to establish range of potential benefits. The Department intends to use the EPA methodology as part of its SI P submittal for the revised Penns yl vania Clean Vehicles Program.
65
**. COMMENT:**  DEP’s January 31, 2006 letter dismisses as irrelevant arguments that EPA has stated there is only a 1%

- 2% emission reduction difference between federal vehicle emission standards and the California program. DEP writes that EPA was comparing CA LEV II to the NLEV program, but EPA’s March 26, 2004 letter states that the comparison was to Tier II. (2439, 2440)
**RESPONSE:** The EPA’s 2004 letter to NESCAUM stated that NESCAUM’ s estimated benefits of LEV II “are expressed in terms of relative benefit over Tier II; when characterized in terms of the absolute benefits relative to a (non

- Tier II) baseline, the differences between the programs are more realistically characterized.” EPA then goes on to say that the 1%

- 2% additional reduction benefit estimate is in addition to Tier II. EPA did not show what data they used to estimate these percentage reductions but by their statement about NESCAUM’s analy sis and that a realistic chara cterization would be an absolute comparison to a non

- Tier II baseline, the Department concluded the EPA made that comparison for estimating their reductions, that is, by using the NL EV program as a baseline. The Department disagrees that the NL EV program should be used as a baseline comparison for the purpose of estimating the benefits of implementing the Pennsylvania Clean Vehicles Program. NL EV is no longer an option for automakers, as automakers were required to comply

with the more stringent Tier II st andards beginning with model ye ar 2004. The Department’s comparisons were to the only legal alternative to CA L EV II standard; the federal Tier II program.
66. **COMMENT:** The projected emissions benefits represent a tiny fraction of Pennsylvania’s overal l vehicle emissions inventory of VOCs and NOx. (4242)52

**RESPONSE:** The Department agrees that benefits may seem small when compared to total vehicle emissions inventory . Measures like the Pennsylvania Clean Vehicles Program are necessary

for attaining and maintaining the health

- based 8

- hour ozone standard and reducing exposure to other air pollutants.
67. **COMMENT:** Much of the claimed incremental benefit of the LEV II program over the Tier II is derived from two factors in the California program: Cali fornia

- specific gasoline and an advanced technology requirement or zero emissions vehicle (ZEV) mandate. Neither of these two factors is included in the Pennsylvania proposed regulation. (1268/2857)
**RESPONSE:** . The Department’s analysis of the benefits o f implementing the Pennsylvania Clean Vehicles Program assumed fuel programs currentl y implemented in this Commonwealth and did not assume the ZEV mandate because those vehicles are not a component of Penns yl vania’s program.
68. **COMMENT:** MOBILE model ing is imprecise and the emission reduction benefits of CA L EV II estimated by DEP are within normal error. (4242)
**RESPONSE:** The MOBILE model is a planning tool and is the only EPA

- approved model for use b y Penns yl vania for the purpose of calculating em issions benefits from on

road vehicle emissions control programs. The model does not have a quantifiable degree of error associated with it as it is not intended to be a definitive predictive tool. The Department’s analy sis was performed using the EPA

- ap proved model and estimation methodology

with current and future ye ar input data prepared b y methods that have been long accepted b y the federal government for estimating future emissions from highway vehicles for the purposes of transportation conformity and SI P planning purposes. The Department’s anal ys is of the reduction in emissions from subject highway vehicles due to the implementation of the Pennsylvania Clean Vehicles Program, though small in comparison to the entire highway vehicle inventory , is significant and is not the result of “normal error” within the model.
EPA has revised the MOBILE model man y times over the ye ars as real in

- use data is obtained. States are responsible for updating a wide variet y of input assumptions in accordance with gui dance provided by the federal government (e.g., EPA and Federal Highway s Administration). Future planning assumptions, such as VMT growth, are estimated by

using EPA

- approved methodologies. Results of the modeling are then used to establish credit for Stat e Implementation Plans.
69. **COMMENT:** It is unnecessary for Penns yl vania to adopt California vehicle emission standards because they will not provide any additional environmental benefits for Penns yl vania. All vehicles sold throughout the United States are “clean” vehicles. The CA LEV II standards and federal Tier II standards essentiall y require the same vehicle emissions control technologies to be applied. From 60 to 70 percent of current new vehicle models are certified for sale as so

- called “50

- s tate” vehicles. There can be53

no additional environmental benefits by adopting California standards for this vast majority of vehicles. (4242)
**RESPONSE:** This rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alr ead y existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definitions and cross

- references. The emissions benefit analy sis con ducted by the Department shows that through the implementation of the existing Pennsylvania Clean Vehicles Program in this Commonwealth, additional air quality benefit in excess of what the federal Tier II program would be achieved. This anal ys is was pe rformed using EPA approved guidance for the modeling of state programs that implement CA L EV II standards. While the Department agrees that most automakers do offer, in part, “50

- state” vehicles (i.e. identically

configured vehicles that meet both Californ ia and federal emissions standards), without implementation of the Pennsy lvania Clean Vehicles Program with its Pennsylvania

- specific NMOG fleet average requirement, it is unknown if the mix of vehicles offered for sale in Pennsylvania b y an individual aut omaker will, as a whole, reduce emissions compared to a mix offered without the NMOG fleet average requirement.
70. **COMMENT:** EPA’s statements about emission benefits do not account for EPA’s very recent proposed rule to further reduce toxics emissions with more stringent federal vehicle emission standards, which will essentially eliminate any perceived difference in federal and California standards. In some cases, the federal standards may provide even more environmental benefits than California stand ards. (4242)
**RESPONSE:** The Department cannot consider at this time changes that may or may not occur due to EPA’s recently proposed revisions to its Mobile Source Air Toxics (MSAT) rule, as that rule is onl y proposed. While EPA’s proposed rule indicates that EPA is adopting evaporative emissions standards for light duty cars and trucks that are similar or identical to current CARB non

- zero evaporative standards, EPA does not make any claims that the rule revision would make the overall federal standards at least as protective as the current CARB standards. The MSAT rule primaril y regulates air toxics emissions as a result of mobile sources and the Commonwealth’s implementation of the Pennsylvania Clean Vehicles Program does not relieve entities regulated under the current or proposed amended MSAT rule from complying with their obligations under that program.
71. **COMMENT:** The CARB staff’s anal ys is of the impact of the GHG regulations on precursor and criteria pollutant emissions is fundamentally flawed in and of itself, as is extensively

documented in the CARB rulemaking record and as summarized in this [the commentator’s] report. (4346, 4348/4349)
**RESPONSE:** The Department disagrees that the CARB GHG provision analy sis is fundamentall y flawed. The Dep artment disagrees that the flaws alleged by the commentator to exist in CARB’s GHG anal ys is are extensively documented in the CARB54

rulemaking record. With regard to the commentator’s summary of these flaws, which forms the basis of a large part of the comm entator’s analy sis of the effects of the Commonwealth’s proposed rulemaking to extend the compliance deadline for the existing PCV program, the Department believes that CARB adequatel y addressed and refuted the commentator’s alleged flaws in CARB’s Final S tatement of Reasons. See also the Department’s response to comment #76.
72. **COMMENT:** The CARB analy sis for California is not relevant to Pennsy lvania and PADEP has done nothing to evaluate the impact of Pennsylvania specific factors on the results of a California anal ys is. (4346, 1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The commentators incorrectl y assume that the Commonwealth is proposing adoption of a GHG fleet average requirement based on Penns yl vania sales. Neither the Commonwealth’s existing regulations nor the final rulemaking adopts a GHG fleet average requirement based on Penns yl vania sales. The commentator’s accompan yi ng anal ys is is focused almost in its entirety on the GHG provisions assuming a GHG fleet average based on Pennsylvania sa les. Therefore, the erroneous conclusions of its analy sis are not relevant. The Department did use Pennsylvania

- specific “factors” for its emissions anal ys is evaluating the proposed amendments to the existing Penns yl vania Clean Vehicles Program. The Dep artment used EPA approved guidance for evaluating the impacts of the implementation of state programs incorporating CA L EV II standards. This anal ys is expressly used Penns yl vania

- specific vehicle registration distribution data, highway traffic pattern data , VMT growth assumptions, temperature and humidity variables, fuel formulations, and inspection and maintenance program configurations, among other factors. This data was provided to the commentator to prepare its anal ys is and to a consultant hired b y the Alliance of Automobile Manufacturers. Neither the commentator nor the Alliance’s consultant produced an y evidence refuting the Department’s anal ys is or methodology

that was based on assumptions that accuratel y reflected the nature of the Department’s exis ting or amended Penns yl vania Clean Vehicles Program regulations. See also the Department’s response to comment # 76.
73. **COMMENT:** An independent review of the impact of the California regulations on criteria pollutants and precursor emissions in Pennsy l vania has been performed relative to opting out of the CA LEV II regulations. This analy sis addresses not onl y errors made b y CARB staff in its anal ys is of the impact of the California GHG regulations on criteria and precursor pollutant emissions in Califo rnia but also the significant issues specificall y as they apply to Penns yl vania. Sierra [Sierra Research, Inc.] has not requested nor received endorsement of this analysis b y an y specific manufacturer or an y organization of manufacturers. (4346, 4348/4349)
**RESPONSE:** The Department disagrees that the Sierra Research anal ys is addresses significant issues specifically as they appl y to Pennsylvania. Sierra Research’s anal ys is is fundamentall y flawed in that it incorrectl y assumes that Pennsylvania is adoptin g a GHG fleet average compliance requirement based on Pennsylvania sales, and in that it55

incorrectly

assumes that failure to adopt the final rulemaking would result in implementation of the federal Tier II standards. The California low emission vehicle standards are alread y adopted in Pennsylvania and will remain in place even without this rulemaking. Neither the existing Pennsylvania Clean Vehicles Program nor the final rulemaking requires automobile manufacturers to meet the California GHG fleet average based on sales in Penns yl vania. This rulemaking makes changes to the alread y existing Pennsylvania regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufact urers and update definitions and cross

- references. The Department disagrees that the Sierra Research anal ys is can be considered an “independent review.” While Sierra Research claims it received no endorsement from any specific manufacturer or organization of manufacturers, the Alliance of Automobile Manufacturers (“Alliance”) commissioned Sierra Research to perform an equivalent anal ys is of the GHG provisions for the California GHG provision rulemaking (indicated both in the Alliance’s comments to the Depa rtment and in CARB’s rulemaking documents). It is evident that the anal ys is performed by Sierra Research for submittal to Pennsylvania was largely based on data and conclusions conjoined with Sierra Research’s commission by the Alliance for the Alliance’s comments to CARB. As to the commentator’s assertions of errors made by CARB staff and its reference to “significant” issues as they pertain to Penns yl vania, please see the Department’s responses to comments 71, 74, 76, 79, 80 and 81.
74. **COMMENT:** DEP appears to assert, without having performed an y technical anal ys is, that there will be no criteria pollutant or precursor impact associated with the adoption of the California GHG regulations and that the impact of the adoption of the CA LEV II regulations on emissions of criteria and precursor pollutants is unaffected by whether those regulations include the GHG provisions added by CARB in September 2004. Such an anal ys is would show that criteria and precursor emissions in Pennsy lvania would increase compared to the federal Tier II standards. (4346, 4348/4349, 4348/4349)
**RESPONSE:** This final rulemaking does not adopt the California low emission vehicle standards: they

are already

adopted and incorporated by reference in the Pennsy lvania Code. Automakers must comply with the current California standards with or without this rulemaking. As indicated in the preamble to the proposed rulemaking and the Order for this final rulemaking, the purpose of this rulemaking is to postpone the compliance date from MY 2006 to MY 2008 and specify a 3

- ye ar early

- credit earning period within which vehicle manufacturers must come into compliance with the NMOG fleet average of the Pennsylvania Clean Vehicles Program.
The commentator’s anal ysis of the purported emissions inc rease incorrectly assumes that automakers would be required to comply with the California GHG fleet average based on vehicles introduced for sale in the Commonwealth. Because this fundamental assumption is incorrect, the commentator’s anal ys is has little p ractical value with regard to this rulemaking. In addition, the anal ys is provided no relevant information, analysis, or data56

to specificall y refute the Department’s anal ys is of the emissions impact of postponing the compliance date of the Commonwealth’s ex isting program. The Department’s anal ys is is based on current EPA guidance. Furthermore, an y emission reductions that are to be achieved in California, Pennsylvania or elsewhere from CARB's GHG provisions are dependent upon EPA granting a waiver of preemption to CARB for the GHG emission standards. Pursuant to section 209(b) of the CAA, California must first find that its standards are, in the aggregate, at least as protective of public health and welfare as applicable federal standards. California has alread y made this determination. EPA will then review California’s “protectiveness” finding and must den y a waiver if it determines that California’s finding was arbitrary and capricious, among other things. The commentator will have the opportunity to p resent its anal ys es of CARB's GHG emission standards to EPA during EPA's waiver decision

- making process, which includes federal publication of a proposed decision and a public comment period. If EPA (the agency that promulgated the Tier II standards) grants CARB a waiver of preemption for the GHG standards, there should be no question of whether CARB's standards are as protective as Tier II. And if EPA denies waiver coverage, then the GHG standards may not be enforced and the issue of their impact on emis sions will be moot.
75. **COMMENT:** Although it cannot be conclusively determined from the available documents published by

PADEP, it appears that PADEP is asserting that the impact of the adoption of the California LEV II regulations on emissions of crite ria and precursor pollutants is unaffected by whether those regulations include the GHG provisions added by CARB in September 2004. (4346, 4348/4349)
**RESPONSE:** The Department agrees withCARB’s anal ys is of its GHG provisions, that there will be a net dec rease of the emissions of NOx and Reactive Organic Gases (an analog to VOC) as a result of the GHG provisions. However, the Department did not account for these additional benefits in its anal ys is as neither the Commonwealth’s existing regulations nor the final rulemaking require the California GHG fleet average requirement to be met based on Pennsy lvania sales.
76. **COMMENT:** It may be that PADEP is relying on a flawed anal ys is prepared by CARB staff that found that adoption of the California GHG regulat ions in California will reduce precursor emissions and criteria pollutant levels. (4346, 4348/4349)
**RESPONSE:** The Department is rel yi ng, in part, on EPA approved guidance for the estimation of emissions benefits for states that implement programs incorp orating CA LEV II standards. The Department’s anal ys is also used a similar methodology developed by NESCAUM. The use of two methodologies resulted in a range of emissions benefits. The Department agrees with CARB that the GHG provisions will provide an add itional net decrease of the emissions of NOx and Reactive Organic Gases (an analog to VOC). The Department’s analy sis did not include estimates of those potential additional benefits because neither the Commonwealth’s existing regulations nor its final ru lemaking57

requires compliance with the California GHG fleet average requirement based on Pennsylvania sales. See also the Department’s response to comment #73.
77. **COMMENT:** Adoption of the California GHG regulations in Pennsy lvania will lead to higher p ollutant emissions. There are three mechanisms by which the GHG regulations could impact emissions of precursor pollutants and criteria pollutants: 1. Reduction of the amount of gasoline that has to be produced or brought into a state and distributed to fuel passenger cars and light

- duty trucks, which is also known as the “fuel cy cle emissions” effect; 2. Retention of older vehicles with higher emissions and diminished sales of new vehicles with lower emissions as the result of increased price of new vehicles kn own as the “fleet turnover” effect; and 3. In creased vehicle operation due to the higher fuel econom y of new vehicles subject to the regulations known as the “rebound” effect. Two of these effects (#2 and #3) will increase precursor emissions (NOx and VOC) an d criteria pollutants (PM 2.5 and CO) in the future if the California regulations are implemented in Pennsylvania. **(** (1265/4241, 3192/4526, 4346, 4348/4349)
**RESPONSE:** The Department agrees that “fuel cy cle emissions,” “fleet turnover” and “rebound” ef

fects could impact emissions, but the Department disagrees with the commentator’s estimation of the magnitude of these effects. The Department believes that CARB’s estimation of these effects for the purpose of evaluating emissions effects of the GHG provi sions in California is more accurate for California’s purposes than the commentator’s estimation. As the Department believes that the aggregate fleet mix in California is similar to Pennsylvania (see response to comment #102), the Department anticipates s imilar GHG benefits without the need to require that the GHG fleet average be met based on sales in Pennsylvania. This is based on the assumption that Pennsylvania consumers as a whole, as they do now, will in the future demand similar vehicles as consume rs in California. The Department agrees that emissions of CO and particulate emissions (PM10 in particular) may

slightl y increase with the implementation of the California program as indicated b y CARB. For the purpose of this rulemaking, the Department di d not do a specific anal ys is regarding CO and particulate emissions but instead relies on the assumption, supported by CARB’s anal ys is, that any potential increases in particulate matter or CO due to the GHG regulations would be de minimis and would have n o significant effect on the Commonwealth’s current attainment status for either the CO or PM2.5 NAAQS. The existing Pennsylvania Clean Vehicles Program and proposed amendments do not add a Pennsylvania sales

- based GHG fleet average requirement; this final rulemaking makes changes to the alread y existing Pennsylvania regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definitions and cros s - references. See responses to comments #79, 80 and 81 regarding the Department’s evaluation of the same commentators’ analy sis and the underl yi ng effects thereof.58

78. **COMMENT:** It should be noted that while we used the MOBILE6.2 model to evaluate the impact, that model is not capable of fully evaluating the implications of the California GHG regulations on PM emissions because the model does not contain any deterioration of PM emissions rates as a function of vehicle age. **(** 4346, 4348/4349)
**RESPONSE:** The Department agrees that MOBILE6.2 may not be adequate to fully evaluate PM emissions changes as a result of the California GHG regulations. In fact, the EPA has no guidance available to model any of the impacts of the GHG provisions. The Department d id not model the estimated effects of the GHG provisions, as neither the Department’s existing regulations nor the final rulemaking requires compliance with the GHG fleet average requirement based on Penns yl vania sales. See also the Department’s responses to comments #72, 73, 74, 75 and 76 regarding CARB, the Department’s and the commentators’ anal yses.
79. **COMMENT:** Adoption of the CA L EV II regulations with the GHG provisions in Pennsylvania will result in increased VOC+NOx, CO and PM2.5 emissions rel ative to a baseline where the federal Tier II emissions standards apply . These increases over a federal Tier II alternative range from 40.97 tons per day in 2015 to 30.13 tons per day in 2030. These emissions increases are expected to increase ambient ozo ne and PM2.5 concentrations. The net impact of adoption of the California GHG regulations on precursor emissions and criteria pollutants will be the sum of the impacts of the fuel cy cle, fleet turnover, and rebound effects. (4346, 4348/4349)
**RESPONSE:** T he Department disagrees with the commentators’ estimates of emissions impacts. The commentators’ anal ys is of the purported emissions increase incorrectly assumes that automakers will be required to comply with the California GHG fleet average based on veh icles introduced for sale in the Commonwealth. Because this fundamental assumption is incorrect, the commentators’ anal ys is has little practical value with regard to this rulemaking. In addition, the analy sis provided little, if any , additional information , anal ys is, or data to specifically refute the Department’s anal ys is of the emissions impact of postponing the compliance date of the Commonwealth’s existing program. The Department’s anal ys is is based on current EPA guidance. The Department agrees that emissions, in general, may be influenced in part by

three secondary effects of GHG regulation: fuel cy cle emissions (described by the commentators as potential changes in emissions with regard to the changes in the amount of gasoline produced), fleet turno ver (described by the commentators as potential changes in fleet composition due to possible retention of older vehicles longer) and VMT rebound (described b y the commentators as potential increase in vehicle miles traveled due to increased vehicle operati on efficiency), but the commentator’s evaluation of the magnitude of these effects in Pennsylvania is flawed given the commentators’ erroneous assumption regarding the GHG fleet average. In addition, the commentators’ underl yi ng assumptions with regard to the resultant impact of these effects in California were successfull y refuted b y C ARB in its Final Statement of Reasons (FSOR). Furthermore,59

the commentators provided little supporting data to allow the Department to replicate and quantitatively

evaluate the commentators’ claims. The Department disagrees that the relative baseline for comparison of emissions, for the purpose of the commentator’s anal ys is to evaluate the impacts of the California GHG provisions, is the federal Tier II program. The Califor nia standards are currently incorporated b y reference in the Pennsylvania Code and approved as a SI P revision. The purpose of this final rulemaking is to postpone the compliance date of the Pennsylvania Clean Vehicles Program from MY 2006 to MY 2008 and s pecify a 3

- ye ar early

- credit earning period within which vehicle manufacturers must come into compliance with the NMOG fleet average of the Pennsylvania Clean Vehicles Program. The relative baseline, therefore, should be the CA L EV II standards and not the federal Tier II standards. The commentators did not provide an y such comparison of GHG provision impact to the existing regulations or proposed amendments to the Pennsy lvania Clean Vehicles Program. The Department’s analy sis estimates a reduction of 7.8 to 16.9 tons per day VOC and 9.7 tons per day

NOx in 2025 by

implementing the Pennsylvania Clean Vehicles Program. The Department continues to agree with CARB that there would be a slight decrease in NOx and VOC emissions as a result of the GHG provisions but given that the Pennsylvania Clean Vehicles Program does not require compliance with a GHG fleet average based on Penns ylvania sales and that automakers will still be required to meet the NMOG fleet average based on Pennsylvania sales (thus ensuring red uctions over Tier II), these benefits would be secondary and are not included in the Department’s anal ys is. Any emission reductions that are to be achieved in California, Pennsylvania or elsewhere from CARB's GHG provisions are dependent upon EPA granting a waiver of preemption to CARB for the GHG emission standards. Pursuant to section 209(b) of the CAA, California must first find that its standards are, in the aggregate, at least as protective of public health and welfare as applicable federal standards . California has already made this determination. EPA will then review California’s “protectiveness” finding and will waive preemption unless EPA determines that California’s finding was arbitrary and capricious, California does not need the standards to meet compelling and extraordinary conditions, or California’s standards and accompanying enforcement procedures are not consistent with section 202(a) of the CAA. The commentator will have the opportunity to present its anal ys es of CARB's GHG emission st andards to EPA during EPA's waiver decision

- making process, which includes federal publication of a proposed decision and a public comment period. If EPA (the agency that promulgated the Tier 2 standards) grants CARB a waiver of preemption for the GHG standards, there should be no question of whether CARB's standards are as protective as Tier 2. See also response to comments # 77, 80 and 81.
80. **COMMENT:** Implementation of the motor vehicle GHG rule will increase
ozone - forming emissions. Using more re alistic cost estimates, smog

- forming emissions will increase b y at least 7.9 tons per day in 2020. Additionally

implementation of the California rule will increase PM2.5 by 2.3% in the y ear 2020. CO emissions would60

increase b y at least 140 tons per day in 2020. Such emissions increases should be unacceptable when there is no scientific or other evidence that the California GHG program will have an y measurable positive effect on the climate of Penns yl vania or an y other predictable public

- health benefit. (126 5/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees. The increases the commentators purport will occur as a result of implementing the PCV program are assertedl y based on an anal ys is submitted by

Sierra Research with supporting material pr ovided b y NERA economic consulting and Robert Crawford of Rincon Ranch Consulting. That anal ys is incorrectly assumed that the Commonwealth is proposing adoption of a GHG fleet average requirement based on Pennsy lvania sales. That overarching assumption is incorrect and calls into question the results of the anal ys is. Furthermore, the commentators’ quantification of the emissions impact differs from the conclusions of the Sierra Research anal ys is, which claimed only a 6.56 ton per day

increase of CO in 2020 and a 49.57 ton per day increase in NOx and VOC. The Department disagrees with the conclusions of both Sierra Research and these commentators. The Department disagrees that “there is no scientific or other evidence” regarding the effects of the GHG prov isions. The Department believes that the analy sis performed b y CARB provided the best, most reasonable estimate of the effects of CARB’s regulations and that the commentators’ rebuttal of CARB’s analy sis, commissioned by the Alliance of Automobile Manufacturers from Sierra Research, was adequatel y refuted by CARB. With reference to the Sierra Research/NERA/Crawford analy sis regarding this final rulemaking, it was clear that the same underlying assumptions about “rebound” and “fleet turnover” used for Sierr a Research’s / NERA’s California anal ys is were being loosel y applied to Pennsylvania with no supporting data or direct explanation of how such estimates were derived. For example: 1) NERA’s modeling of the Pennsylvania fleet population effects were largely b ased on a New York state study with no documentation verifying NERA’s assumption that fleet scrappage rates were similar in Pennsylvania. Sierra Research also allegedl y provided forecasted information to NERA on new vehicle sales counts in Pennsylvania thr ough 2030 but with no explanation on Sierra Research’s sales forecasting methodology . Ultimately this undocumented data is used by NERA to sy

nthesize “baseline populations” of vehicles. In turn, NERA applied unverified NY scrappage rates and unknown estimates of new vehicle sales to obtain their [NERA’s] result. Furthermore, NERA claims Sierra Research then took this sy nthesized result and updated the assumptions for the Sierra Research anal ys is to “keep the vehicle

- class VMT mix consistent with external pr ojections.” While NERA gives no explanation as to what that means it appears that Sierra Research may have adjusted its assumptions underlying its analy sis to make them consistent with NERA’s conclusions. 2) Rincon Ranch’s anal ys is of the “rebound” effect wa s based largel y on a New York state stud y and assumed variables based on United States averages with61 little apparent Penns yl vania

- specific application. No supporting data or methodology

was provided in order to evaluate the underl yi ng assumptions or the me chanics of the analy sis. It also appears the study used underl yi ng modeling assumptions that, in the Department’s opinion, were successfull y refuted b y CARB. In turn, this analy sis was used in the Sierra Research anal ys is to estimate the aggregate “rebound effect” in Pennsylvania. While the Department did provide considerable information to Sierra Research for Sierra Research’s anal ys is, the nature of that data required significant aggregation and a firm understanding of how Pennsy lvania handles, in accordance with federal guidelines, its detailed Pennsylvania

- specific data (i.e., an understanding of the PPSuite MOBILE pre

- and post

- processing software employ ed across Penns yl vania b y the DEP, Pennsylvania Department of Transportation, and Metropolitan Plannin g Organizations). Sierra Research provided no demonstration of what actual numbers it used to reflect the Pennsylvania

- specific data, thus making it impossible to determine if Sierra Research’s anal ys is accuratel y reflects the data used in the Department
anal ys is. See also the Department’s response to comment #79.
81. **COMMENT:** In evaluating the impact of the California GHG regulations on emissions of criteria and precursor pollutants, two manufacturer compliance scenarios were considered: a Nationwide S cenario, which assumes automakers choose to redesign all vehicles sold nationwide to comply with both federal and California standards; and a Two

- Car Scenario, which assumes automakers redesign onl y those vehicles sold in California and states that have ad opted California standards. We consider the Two

- Car Scenario to be the most likely manufacturer response to compliance with the California regulations
**.** Automakers will be forced to alter their product lines to the point at which multiple manufacturers wil l eliminate 75% of their current passenger car models, 100% of their current light light

- duty trucks and 15% of their heavier light

- dut y trucks in 2012. **(** 4346, 4348/4349)
**RESPONSE:** The Department agrees that automakers will make the business and/or
marketing decisions needed to comply with California vehicle standards. The commentator provides no evidence or data to support the assertion that automakers will likely choose a two

- car scenario. Furthermore, the commentator’s assumptions regarding alleged product line alterations seem highl y unrealistic given a number of factors: 1) Technological innovation to cost

- effectivel y integrate product design changes into production. 2) Competition between automakers given demand for passenger cars and light duty trucks

. 3) Past history

of automakers to adapt to regulatory mandates while simultaneously

providing vehicles that meet the demands of consumers. The Department agrees with CARB that the technologies that likel y will be needed to comply with the GHG provisions cur rently exist or will be viable for widespread use in62

general production b y 2012. The GHG provisions provide sufficient lead time for automakers to integrate these existing technologies in the near

- term and to enhance the developing technology

to make it co st effective for use in general production in the long

term (i.e., 2012 and bey ond). It is unclear whether the commentators’ analy sis for Pennsylvania includes consideration of competition between automakers as incentive to deploy these technologies cost effectivel y in order to meet customer demand. Based on the commentator’s own overall assumptions, this incentive must exist as the commentator appears to conclude that passenger car and light light

- dut y truck availability will likely be severel y l imited under the GHG provisions. This assumed limitation in model availability , coupled with a constant and/or growing consumer demand, should lead to a supply /demand imbalance thus pressuring the market to offer these vehicles. The Department believes that consi deration of the effects of the commentators’ proposed scenario and the resulting effects on ultimate vehicle costs must include consideration of the incentive to meet future customer demand for vehicles. The analy sis does not provide any supporting documentation of the commentators’ conclusion that a two

- car scenario will be the option chosen b y automakers. History does not support the assertion that automakers collectivel y will adopt the two

- car scenario, as man y automakers are currentl y producing signifi cant numbers of “Nationwide” or “50

- state” cars that meet both current CA LEV II and federal Tier II standards. Furthermore, the commentators’ anal ys is does not appear to consider the much more likely

possibility , based on history , that automakers will continue to produce combinations of “50

- state,” California

- only and federal

- only

vehicles.
Given the conclusions reached b y the commentators in addition to the lack of supporting data to substantiate their claims with specific regard to this effect on the Commonwealth, the Department continues to believe that CARB’s estimates as to the aggregate response by automakers, and thus the resultant effects on vehicle costs, are more realistic.
82. **COMMENT:** The claim in some other states’ rulemakings relating to adoption of GHG standards that ozone concentrations are related to ambient temperatures requires careful examination by

the Department. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department has not made that claim for the purpose of this rulemakin g nor does the Department claim additional ozone reduction benefits as a result of the GHG provisions. Regardless, it is clear that ambient temperature in addition to other atmospheric and photochemical variables has an effect on ground

- level ozone concentrations. The commentator dismisses this by making a blanket assumption that any temperature changes due to ambient warming due to global climate change will only affect dail y minimum temperatures and, therefore, are unrelated to ozone formation. This is cl earl y a flawed argument as ambient changes in temperature will likely affect both maximum and minimum values over time, thus increasing the overall potential for ground

- level ozone formation.63

83. **COMMENT:** DEP and others have claimed that implementation of the CA L EV program is necessary

for Pennsy lvania to meet its obligations under the CAA. US EPA has indicated that all areas, other than southeast Pennsylvania, will be in attainment for ozone by the required date of 2010. However, since DEP has called for implementation of CA L EV in 2008 and according to testimony given by the Pennsylvania Department of Transportation at a recent Senate committee hearing that fleet turnover is about 7% per ye ar, it’s clear that CA LEV can do very little to bring southe ast Pennsylvania into attainment. (4236)
**RESPONSE:** The Department has indicated that the Pennsylvania Clean Vehicles Program will contribute to attainment and maintenance of the eight

- hour ozone standard. Both CA LEV II and Tier 2 produce some of thei r benefits before the attainment date (the ozone season of 2009 to meet the attainment date of April 2010), and most of their benefits after the attainment date. After an area originall y designated as nonattainment attains the standard based on actual mon itoring of air quality , the Commonwealth must demonstrate that the area will maintain the standard for at least ten ye ars b y submitting a maintenance plan as a SIP revision. Eight y ears after that, the Commonwealth will need to submit a second 10

- ye ar mai ntenance plan as a SI P.
84. **COMMENT:** DEP states that it has relied upon the additional benefits of adopting CA L EV II as a means of achieving attainment. DEP fails to acknowledge that 31 counties are expected to come into compliance with the 8

- hour standard b y 2009, and that none of the remaining counties’ attainment strategy calls for utilizing projected benefits from CA LEV II. No documents provided to the General Assembl y or the public by DEP actuall y show where DEP calculates and anticipates su ch benefits. To the contrary , several documents, including DEP’s August 2003 recommendations to EPA for 8

- hour ozone attainment/nonattainment areas (which makes no mention of achieving future credit under CA LEV II) reflect DEP’s confidence that, realizin g the benefits of cleaner cars under Tier II, the Commonwealth can meet and maintain federal air quality standards. (2439, 2440)
**RESPONSE:** Modeling prepared b y EPA for the Clean Air Interstate Rule indicated that many of the current nonattainment count ies in Pennsylvania were expected to come into compliance with the eight

- hour ozone standard. However, based on studies subsequent to 2003, the Department does not agree with all of the assumptions or conclusions in this modeling. Penns yl vania is therefo re working with other states in the Northeast, Mid

- Atlanticand Midwest, to consider additional measures to meet the eight

hour standard. Public meetings were held in May 2006 to discuss possible measures in addition to measures like the California low emi ssion vehicle program that have alread y been adopted b y states. The Department agrees that SI P revisions in nonattainment areas submitted to EPA to date have not modeled highway inventories assuming implementation of the California program; these SIPs ar e primaril y for attainment of the
one - hour ozone standard. They were prepared before the designation of areas for the eight

- hour standard became final and the assessment of both benefits of and need for retaining the California program was performed. Aft er an area originall y designated as nonattainment attains the standard based on actual monitoring of air quality, the64

Commonwealth must demonstrate that the area will maintain the standard for at least ten ye ars by submitting a maintenance plan as a SIP re vision. Eight years after that, the Commonwealth will need to submit a second 10

- ye ar maintenance plan as a SI P revision. In addition, as comments from the American Lung Association emphasized, if EPA revises the ozone standard again as the result of the required five

- ye ar review of health evidence, states will be required to prepare SIPs to attain that standard. EPA is in the process of that review at present, with some indications that a further tightening of the standard is possible.
85. **COMMENT :**  DEP Secretary McGint y stated in the recent Senate Committee hearing that “...we won’t make our attainment requirements with the Air Resources Board standard. We will need measures in addition to the tailpipe standards in order to meet those requirements. ” If we need “measures in addition to the tailpipe standards” to fulfill our federal obligations, we need to have a clear idea what those measures are. (4236)
**RESPONSE:** The Department recently held a series of public meetings on measures the Ozone Transport Commission is recommending that states implement to attain the eight

hour standard. Most of the measures on that list would apply to stationary or area sources. The Commonwealth will continue to work with interested stakeholders and pursue state

- specific rulemakings as needed and appropriate.
86. **COMMENT:** DEP said in 1998 that, “ NOx reduction is most important for states like Pennsylvania which are significantly affected by long range transport .” This is a notable assertion b y DEP since the federal Tier II program focuses on NOx reduction while the CA L EV program does not. The Tier II standards were designed to meet the needs of the Northeast and Mid

- Atlantic areas of the country . (1268/2857, 1265/4241, 3192/4526, 4348/4349 )
**RESPONSE:** In 1998, programs affecting long

- range transport of NOx and ozone had not y et been implemented. The most significant challenge for ozone attainment and maintenance is in Southeast Pennsylvania. Hy drocarbon reductions are important for attainment and mai ntenance in this area.
87. **COMMENT:** Some environmental groups have said that the Tier II auto [sic ] will lead to “dirt y air” and that if we don’t adopt CA LEV, our air quality will deteriorate. (4236)
**RESPONSE:** This rulemaking does not adopt the Pe nnsylvania Clean Vehicles Program but makes changes to the alread y existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definit ions and cross

- references. Both Tier II and the California low emission vehicle program require significant improvements in vehicle emission reductions over their predecessor regulations, so that despite vehicle miles travelled continuing to increase, v ehicle emissions continue to65

decrease under both scenarios. However, the California low emission vehicle program provides additional emission reductions, so it provides better assurance that technology will continue to overcome increases in travel.
8 8

. **COMMENT:** The nature, severity and geography

of California’s air pollution problem drive California’s pollution reduction strategies. California regions are in “extreme” non

- attainment while Pennsylvania regions are defined as “moderate” or “marginal. ” California’s pollution reduction strategies may not be appropriate for Pennsylvania. (1268/2857)
**RESPONSE:** The Department agrees that California’s ozone air pollution problem is worse than Penns yl vania’s. The nature of California’s problem has resu lted in a dedication of technical resources to air quality problems unequalled in the world, including at the Environmental Protection Agency. The Department agrees that some of California’s pollution reduction strategies may not be appropriate for Pennsylvania; however, as motor vehicles will continue to contribute a significant amount of pollution in Pennsylvania, the Pennsylvania Clean Vehicles Program is a cost

- effective strategy to further reduce vehicle emissions.
89. **COMMENT:** The proposed regul ation would have no measurable impact on the global climate or the climate of Penns yl vania or on the public health concerns and issues described in the Regulatory Impact Statement that accompanied the rulemaking proposal. GHG do not have localized effects . An y theoretical change in temperatures that a rule of this nature could produce would, in turn, have no measurable effect on ozone levels in Pennsylvania, even if the GHG rule was implemented nationwide because the rule would not have measurable effect o n temperatures. The means for controlling GHG is being debated internationally

and can onl y be addressed effectivel y on a global basis. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** This final rulemaking does not adopt the Pennsylvania Clean Vehicles P rogram or require compliance with the GHG provisions of the California regulation in Pennsylvania but makes changes to the already existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the earl y credi t earning period for automobile manufacturers and update definitions and cross

references. The Penns yl vania Clean Vehicles Program does not require automakers to meet the GHG fleet average based on sales in Pennsy lvania. However, the Commonwealth expects that the existing regulations will make a contribution to the reduction of GHGs, which will help mitigate global warming and its public health and environmental effects. A measurable effect on temperatures or on ozone reduction based on effects on temper atures is not the intent of this rule. ( The Department is unsure what document the commentator refers to as the ‘Regulatory I mpact Statement,’ as there was no document by

that name accompanying the proposed rulemaking.)
90. **COMMENT:** DEP proposes to require that only California

- certified new vehicles can be sold in Penns yl vania and assumes on that basis that they will get the same GHG benefits, proportionall y, that California gets from the GHG regulation. But the California66

GHG regulation does not impose standards for individual vehicles, but sets only fleet average standards. Without a fleetwide average target, a manufacturer’s mix of vehicles sold in Pennsylvania would likely be significantly

different from the mix sold in California. How then can DEP rely on modeling developed for a state that uses fleet averaging as its basis for calculating GHG emission reductions?
**RESPONSE:** The Department is not relying on California’s GHG modeling for specific emission reductions, but has made the general st atement that the Commonwealth anticipates realizing similar GHG reductions due to the Department’s general assumption about the overall fleet mix similarity between California and Penns yl vania. The Department disagrees that the fleets are significantly dif ferent in the aggregate. See the response to comment #97 regarding fleet mix similarity

. 91. **COMMENT:** The California GHG regulations will not improve air quality . These regulations focus predominantly on controlling CO2, an inert gas that is not toxic to humans or animals. The control of GHG emissions is not a pollution issue

– it is an energy issue. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** This final rulemaking does not adopt the Pennsylvania Clean Vehicles Program or adopt the GHG provisions of the California regulation but makes changes to the alread y existing regulations to postpone the program compliance date from model ye ar 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

- references. The Penns yl vania Clean Vehicles Program does not require automakers to meet the GHG fleet average based on sales in Pennsy lvania. Whether GHGs (CO2) is a pollutant is an issue currently in litigation. On June 26, 2006, the Supreme Court of the United States agreed to review whether the Environmental Protection Agency has existing authority

under the CAA to regulate GHG emissions from automobiles ( Massachusetts v. EPA , U.S., No. 05

- 1120). Comments regarding economic issues
92. **C OMMENT:**  DEP has not conducted the required cost

- benefit anal ys is required of new regulations. CARB cost and benefit figures may not be appropriate for Pennsylvania. The cost of new regulations should not outweigh the intended realistic measurable benef

its. 1268/2857
**RESPONSE:** The Department has considered the costs of this rulemaking as well as the costs of implementing the previousl y adopted Pennsylvania Clean Vehicles Program regulations. The Department has also considered the benefits. See resp onse to comments # 15, 26, 62, 79 and 93. CARB estimated in its “Statement of Reasons” for their implementation of the CA L EV II program that retail vehicle prices could rise from $68 (light duty vehicle) to $276 (heavier light dut y truck) per vehicle. Th e U.S. EPA estimated that the federal Tier II program could increase per vehicle retail price from $78 (light duty vehicle) to $245 (heavier light dut y truck). As automakers are already building vehicles that comply with67

the Tier II standards, it can be as sumed that Pennsy lvania new car purchasers are paying the Tier II costs now. Under the Penns yl vania Clean Vehicles Program, consumers theoreticall y would pay only the difference between the Tier II and CA LEV cost estimates. This would result in no chang e in price for the light dut y vehicles (the Department did not assume a savings) and $31 per vehicle for heavier light duty trucks. As this initial cost can be amortized over five ye ars (a ty pical new car loan repay

ment period), an y initial financial impac t on an individual consumer is de minimis

. The Department conducted a brief survey of most of the automakers’ 2006 model y ear vehicles that were their most popular in 2005. The survey looked at Manufacturers Suggested Retail Price (MSRP) of these models c urrentl y on the dealers’ lots in New York State (a CA LEV II adopting state) and Pennsy lvania. The MSRP was determined by using automakers’ websites that allow consumers to look at window stickers for vehicles in current on

- lot inventory . The MSRP did not include options packages, incentive discounts, tax, title, transfer and delivery charges and the compared vehicles were of the same configuration so that a true comparison could be made. Of the 21 most popular vehicles compared, 17 showed no MSRP differenc e, two automakers claimed that the CA L EV II vehicles may cost more but did not allow for viewing window stickers on the internet, one charged a flat $150 fee for vehicles sold in CA LEV II adopting states, and one made no mention of a difference and did n ot allow internet viewing of window stickers. As the purpose of the final rulemaking is mainly to postpone implementation from MY 2006 to MY 2008, there would be a cost impact ranging from a net cost savings to Pennsylvania consumers due to the two

- year deferment of costs associated with the purchase of certain heavy light

- duty

trucks ($31 per truck), to no additional costs or savings based on the assumption of no near

- term difference in the cost between federal Tier II and CARB certified vehicles. In MY 2009 and bey ond, once the California GHG provisions take effect, the Department agrees with CARB’s per vehicle cost estimate of approximately

$1000 by 2016 and with CARB’s estimate that this cost increase will be offset b y savings to the consumer due to in creased operational efficiency of these vehicles. While CARB predicted that b y 2016 the operational efficiency of vehicles meeting GHG requirements may actually afford owners an overall cost savings of $3.50 to $7.00 per month (assuming $1.74 per gallon of gasoline), information on initial cost (which could be related to sticker price) was also estimated. Based on separate CARB estimates for passenger cars/small trucks and large trucks/SUVs and the similar composition of the fleet in Pennsylvania, consumers could see an increase in per vehicle costs of $21 for MY 2009, $63 for MY 2010 and $219 for MY 2011 to about $1000 in MY 2016. CARB estimates that by 2016 the operational efficiencies realized by GHG technology

will result in an overall savings of $3.50 to $7.00 per month ($42 to $84 dollars per ye ar) based on a model y ear 2016 vehicle costing an additional $1029 to $1064 per vehicle. These savings are probabl y understated, since the price of gasoline is likely to remain higher than that used in CARB’s analy sis.
93. **COMMENT:** The Pennsylvania Clean Vehicles Program will produce no air quality benefit relative to the Tier II program, but will instead produce increased68

consumer cost in terms of higher prices and limited consumer choices. (1268/4241, 423 6, 1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees. The Department estimates that implementation of the Pennsylvania Clean Vehicles Program will result in additional benefits of reducing VOC emissions from subject vehicles b y 7.8 to 16.9 tons per day NOx by and 9.7 tons per day in 2025 over the federal Tier II program. This analy sis was conducted using assumptions from EPA as well as assumptions from the Northeast States Coordinated Air Use Management (NESCAUM) study . The lower numbe rs use the more conservative EPA assumptions. The analy sis used Penns yl vania

- specific vehicle, travel, fuel and other information.
Enforcement of the current CA L EV II standards in many northeastern U.S. states show that there is little cost difference between California

- certified vehicles and federal Tier II vehicles, and that after model y ear 2009, initial cost increases will be offset by savings due to operational efficiency . See response to comments #92 and 94. With few exceptions, the same vehicle s available in the Commonwealth now will be available when the Pennsy lvania Clean Vehicles Program is enforced. The exceptions are mainl y light

- duty

diesel powered automobiles that cannot meet the cleaner California standards for model y ear 2008 and later . Passenger diesel vehicles comprise a very small percentage (0.09%) of the total passenger cars and trucks registered in the Commonwealth, based on anal ys is of Pennsy lvania motor vehicle registrations provided by the Department of Transportation. This means a little over 8100 cars between model ye ars 1975 and 2006 are passenger diesel vehicles, compared to more than 8.6 million registered vehicles. Out of the over 610,000 new light

- dut y cars and trucks purchased and registered annuall y in Pennsylvania, onl y about 500, on average, have been diesel. In the normal course of implementing the program, California has been having discussions with the manufacturers that are hoping to market cleaner light

- duty diesel vehicles. It appears that there is rapid advan cement in developing exhaust clean

- up technologies for diesel cars and light

- dut y trucks. With the coming of ultra

- low sulfur diesel (ULSD) fuel across the United States beginning in fall of 2006, the Department believes automakers will be able to certify diesel vehicles to the CARB standard and make them available in Pennsylvania. Many large automakers have already publicly indicated they

will be able to certify

their light duty

diesel vehicles to the California standards once UL SD is widespread. The ind ustry has complied with CARB standards every time CARB has revised them since 1961 when California established the first auto emissions standards two years before the federal government. The Department believes that the automakers will seize the opportuni ty to develop compliant vehicles if they are in demand b y consumers in Pennsylvania and the other states implementing the low emission vehicle program. In addition, for vehicles meeting requirements in place after MY 2009, California law prohibits the banning of specific vehicle categories, such as SUVs, or adoption of69

requirements to reduce vehicle weight. Some of the technologies considered in setting GHG standards may

increase costs less in the larger vehicles than in the smaller ones.
This Californ ia low emission vehicle program does not restrict consumer choice but should improve it by

encouraging as man y vehicles as possible to have cleaner, more efficient technology

. 94. **COMMENT:** CARB has estimated the additional price of the GHG provisions at over $1000 per vehicle while the auto industry believes the price of all new vehicles would increase about $3000 on average per vehicle. (1265/4241, 3192/4526, 4348/4349, 4236, 1268/2857)
**RESPONSE:** The Department agrees with CARB’s per vehicle c ost increase estimate of approximately

$1000 by 2016 beginning in MY 2009 and bey ond as a result of the California GHG provisions and that this cost will be offset b y savings to the consumer due to increased operational efficiency of these vehicles. While CARB predicted that by 2016 the operational efficiency of vehicles meeting GHG requirements may actuall y afford owners an overall cost savings of $3.50 to $7.00 per month (assuming $1.74 per gallon of gasoline), information on initial cost (which could be related to sticker price) was estimated b y CARB. Based on separate CARB estimates for passenger cars/small trucks and large trucks/SUVs and the similar composition of the fleet in Pennsy lvania, consumers could see an increase in per vehicle costs of $21 f or MY 2009, $63 for MY 2010 and $219 for MY 2011 to about $1000 in MY 2016. CARB estimates that by 2016 the operational efficiencies realized b y GHG technology will result in an overall savings of $3.50 to $7.00 per month ($42 to $84 dollars per year) bas ed on a model y ear 2016 vehicle costing an additional $1029 to $1064 per vehicle. These savings are probabl y understated, since the price of gasoline is likel y to remain higher than that used in CARB’s anal ys is. The $3000 average per car estimate used by the auto industry

is from a study commissioned by

the industry

in an attempt to estimate the costs for the GHG provisions enacted b y CARB. This same study also estimated a lifetime operational savings of $1000 per car. According to CARB, the auto indus try sponsored study

had the following insufficiencies:

 Rejected the use of promising, cost

- effective technologies for which automakers are alread y designing their core engines (e.g. turbochargers & gasoline direct injection sy stems).

 Rejected an y reasona

ble innovation by

the industry

in response to regulatory requirements.

 Resorted to expensive weight reduction measures that are untenable for high volume production and are prohibited by California statute.

 Used unreasonable cost estimates for technology and used costs of components for the large car category

only

.  Made unrealistic assumptions about vehicle usage to estimate the fuel savings.70

The Department believes that the CARB GHG cost estimate is a conservative one. CARB has been a leader in controllin g harmful automobile emissions since 1961 (two years before the federal government) and cost estimates for earlier programs have historically been overestimated b y both industry and regulators. The Natural Resources Defense Council, in its comments to the CARB's GHG regulation, stated that costs of pollution control for automobiles are generall y less than estimated by both government (federal and CARB) and industry . In a study contained in their comments to CARB on the impacts of CARB’s GHG provisions, the Natural Resources Defense Counsel showed that for the history of highway

vehicle emissions control programs since 1975, the automobile industry has overestimated actual costs by a factor of 2 to 10 times, and CARB and EPA overestimated b y 1 to 2 times.
95

. **COMMENT:** Because the costs of new regulation is important in Pennsylvania, DEP needs to make an independent assessment of CARB’s assumption that the industry will respond to the regulation by producing vehicles that use all the necessary GHG technolog ies nationwide. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** This rulemaking does not adopt the Pennsylvania Clean Vehicles Program nor add a GHG component, but makes changes to the alread y existing regulations to postpone the program compliance date f rom model y ear 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

- references. Based on the Department’s review of CARB’s analy sis of the effects of the California GHG provisio ns on automakers, the Department believes CARB has sufficiently performed that anal ys is. Furthermore, the Department concurs with CARB’s conclusions regarding the availability of technologies and the feasibility of their deployment. See also the Department ’s response to comment #97.
96. **COMMENT:** It is important to note that if Pennsy lvania tried to enforce the California GHG rule’s fleet

- average requirement, it might thereby restrict the sale of California

- certified vehicles in Pennsylvania. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** Neither the existing regulations nor the final rulemaking adopts a GHG fleet average requirement based on Penns yl vania sales. Even if the final rulemaking were adopting a Penns yl vania sales

- based GHG fleet average require ment, the Department disagrees that the requirement would restrict the sale of California

- certified vehicles in Pennsylvania.
97. **COMMENT:** There is considerable variation in the sales mix in California and Pennsylvania for certain manufacturers. Therefor e, even if these manufacturers could comply with the GHG provisions in California, they could not comply

with a Pennsylvania GHG fleet average and would need to restrict the sales of certain automobiles in Pennsylvania. (1265/4241, 3192/4526, 4348/4349)71

**RESPONSE:** The Department agrees that there are differences between certain manufacturers’ mix of passenger cars / light light

- duty trucks and heavier light

- dut y trucks (e.g., SUV’s) in California and Penns yl vania. However, when looking at the aggregate mix (i.e., considering all manufacturers), the Commonwealth’s mix of passenger cars / light light

- duty trucks and heavier light

- duty trucks is similar to California’s. The commentator’s own analy sis of this issue supports the similarity of fleet mixes when looking at seven major manufacturers (DaimlerChry sler, Ford, GM, Honda, Hy undai, Nissan and Toyota). For its analy sis, the commentator indicated that in the 2003 California fleet, 53.9% of vehicles were passenger cars / light light

- dut y trucks and 46.1% w ere heavier light

- duty trucks. The corresponding percentages in Pennsylvania were 54.4% and 45.6%. As the aggregate mix of vehicles is within 0.5% in either category , it is logical to assume that the fleets in Pennsy lvania and California are similar.
The Department agrees that some individual automakers may need to adjust their product mix, based on their individual business and/or marketing decisions, in order to comply with the GHG provisions in the California regulations even though the Commonwealth is not adopting a GHG fleet average based on sales in the Commonwealth. However, the Department agrees with the anal ys is performed b y CARB that automakers will be able to employ existing technology

in the near term (prior to 2012) and use developed, but not
c urrentl y full y deplo yed, technologies in 2012 and beyond. Furthermore, the Department agrees with CARB that automakers will not need to develop new GHG reduction technologies and that the technologies ultimately deploy ed will not require radical shifting o r elimination of product lines in order to comply with the GHG certification provisions. Based on the similarity

between the California and Pennsylvania fleets, the Department continues to believe, as stated in the preamble of the proposed and final regu lation, that even without a GHG fleet average requirement based on Pennsy lvania sales, the Department will likely

receive similar GHG benefits.
98. **COMMENT:** I do not support the Pennsy lvania Clean Vehicles Program or its amendments. Current air quality is fine and not worth the cost of improvement. (2225A)
**RESPONSE:** Thirty

- seven counties in Pennsylvania currentl y are in nonattainment of the ozone standard, and EPA is considering whether to make that standard more stringent. There are no present cos ts to consumers from the program, and over the lifetime of the vehicle there will be a net savings to consumers. See response to comment #93.
99. **COMMENT:** Estimates that take full count of the investment cost and capabilities of the industry

indicate that cost increases for vehicles will not be fully recoverable b y fuel cost savings. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department believes that CARB has sufficiently anal yzed the feasibility of automaker compliance using their expertise and access to manufacturer72

confidential information. The Department believes that CARB's assessment of the estimated costs to automakers for compliance with GHG provision is reasonable and, given CARB's, automakers and the EPA tendency to overestimate costs for highway vehicle emissions control programs, conservative.
100. **COMMENT:** A consultant report prepared in response to the California regulation provided a range of estimates of how the California GHG regulation is likely to affect nationwide employ ment in the automobile industry , estimating that it would cause a net loss of over 55,000 US jobs and affects manufacturers in “disproportionate degrees.” (4348/4349)
**RESPONSE:** This rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alread y existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definitions and cross

- references. The comment ator did not provide a cop y of the report as a part of their comment for the Department to evaluate the Commentator's claim nor provide an y additional data to support that claim.
101. **COMMENT:** Pennsylvania consumers currentl y have a choice of Tier II v ehicles and CA LEV vehicles; a government regulation is not necessary for a Pennsy lvania consumer to bu y a CA LEV vehicle. (268/2857)
**RESPONSE:** The Department agrees that Pennsylvania consumers have the option to purchase California

- certified vehicles i n accordance with the federal cross

- border sales policy . This rulemaking makes changes to the already existing Pennsylvania regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

- references. The final rulemaking provides additional flexibility for automakers in order to comply with the Commonwealth’s existing program. Without this rulemaking, automakers would likely exp erience difficultly

in compl yi ng with the existing regulation which in turn could adversel y affect Penns yl vania consumers’ vehicle choice in the near term. The requirement for vehicles to meet an NMOG fleet average will produce emission reductions not obt ainable through voluntary purchase of CARB

certified vehicles.
102. **COMMENT:** Consumers should be the ones to decide how much they value fuel
econom y relative to other factors such as performance or cargo

- carrying capability

. Measures like these propose d GHG rules fail to account for consumer preferences and have the effect of limiting consumer choice. Consumers are increasingl y choosing light trucks, as citizens such as contractors, repair people, builders, farmers, ranchers and other tradespeople rel y on such vehicles to earn their livelihoods. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The California regulations recognize both consumer choice and the need for light trucks for business purposes, for example, by setting only

a GHG fleet average73

rather than a per

- vehicle GHG standard. Man y of the vehicles used b y the persons and enterprises described b y t he commentators exceed the threshold weight for determining applicability

of the GHG provisions of the regulations.
103. **COMMENT:** Dealers c ould have problems supplying specific vehicles to meet customer needs. Since no dealer can keep all vehicles in stock, dealers work together to trade inventory

to satisfy particular needs, even across state lines. Bordering states are in different phases of dealing with the California car issue. Dealers in non

- California states would carry

non - California cars primarily or exclusively . 2270
**RESPONSE:** One reason the Commonwealth proposed to postpone its enforcement of the California program until model year 2008 was to better ensure vehicle availability. EPA's cross border policy allows dealers in adjacent states to sell California vehicles. If there is enough demand for these inter

- dealer trades, the postponement will give the market time to adjust t o the requirement.
104. **COMMENT:** Few if any consumers who are not required to purchase a California vehicle will choose to pay the price premium for a vehicle that meets the California standards. To the extent that residents of other states near Penn sylvania are not subject to the California rule, Pennsylvania dealers can expect to lose all or nearl y all so

- called “cross

- border sales” once the California rule comes into effect. Those out

- of

- state consumers who want vehicles with higher fuel economy w ill be able to purchase them from dealers located outside Pennsylvania, who currentl y and in the future will have an ample supply

of higher

- mileage vehicles for sale. (4348/4349)
**RESPONSE:** There is presentl y no price differential in states surrounding P ennsylvania for California and non

- California vehicles. Once the GHG provisions become effective, CARB predicted that the cost differentials would start at less than $100 in model y ear 2009 and rise to about $1000 in 2016 when the most stringent GHG limit is imposed. DEP disagrees with the implication that Pennsylvania dealers will necessarily lose sales from residents in states that have not adopted the California regulation. The Pennsylvania Clean Vehicles Program does not require automakers to meet th e GHG fleet average based on sales in Pennsylvania. Since there is no per

- vehicle GHG requirement, it is expected that any differential costs for a specific make or model will be a minor concern in the choice of non

- Penns yl vanians to purchase from a Penns yl vania dealership. This rulemaking does not adopt the California low emission vehicle program or require compliance with the California GHG fleet average based on sales in Pennsylvania, but makes changes to the already existing regulations to postpone th e program compliance date from model y ear 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

references. Comments concerning vehicles and technology
105. **COMMENT:** We do not support the proposed amendments because the proposed regulation sets fuel economy levels that cannot be achieved using technology in the time74

periods required, without significant reductions in product offerings for Pennsylvania consumers. The customers o f full line manufacturers like DaimlerChry sler whose market mix is focused towards larger vehicles, would be the most negatively affected by

the proposed rule. (4348/4349)
**RESPONSE:** This rulemaking does not set fuel econom y levels. This rulemaking
makes changes to the alread y existing regulations which incorporate CA LEV II to postpone the program compliance date from model year 2006 to model ye ar 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cro ss - references
**.** The Penns yl vania Clean Vehicles Program does not require automakers to meet the GHG fleet average based on sales in Pennsylvania. The Department agrees that individual automakers may need to adjust their product mix, based on their indivi dual business and/or marketing decisions, in order to comply

with the GHG provisions even though the Commonwealth is not adopting a Pennsylvania sales

- based GHG fleet average. The Department agrees with the anal ys is performed b y CARB that automakers will b e able to employ existing technology

in the near term (prior to 2012) and use developed, but not currentl y full y deplo ye d, technologies in 2012 and bey ond. The Department agrees with CARB that automakers will not need to develop new GHG reduction technolog ies and that the technologies ultimately

deplo yed will not require radical shifting or elimination of product lines in order to compl y with the GHG certification provisions. See also the Department’s response to comment s #81 and 97

. 106. **COMMENT:** Sev eral commentators expressed concern with the impact of this proposed regulation on the availability of diesel

- fueled vehicles. Examples of these statements include:
Li ght

- dut y vehicles that operate on diesel are very popular. Will consumers still be
a ble to purchase and operate these vehicles in Pennsylvania under CARB regulations? Adopting California emission standards will result in the ban of new vehicles sales of diesel

- powered passenger and other light

- dut y vehicles in Pennsylvania. While heav y - dut y diesel vehicles with a gross vehicle weight rating over 8,500 pounds (big pick up trucks and vans) will still be permitted to be sold in Pennsylvania, smaller light dut y diesel vehicles would be eliminated from the Penns yl vania market.
In a consci ous and documented decision by CARB, the California program eliminates consumer access to diesel passenger vehicles. In the minutes of a November 5, 1998 CARB hearing, CARB’s Deputy Executive Officer commented that the standard would “prevent an y diesel v ehicle we are aware of or can see in the future from complying with the LEV standards.”75 Diesels offer superior fuel economy . Several of the most fuel efficient vehicles for

2006 according to EPA are diesel. With the recent trend of increasing fuel pri ces, it is hardly a step in the right direction to eliminate access to these vehicles. California’s emission standards and other emission requirements serve as barriers to introduction of light

- dut y diesel vehicles. EPA has recentl y modified Tier II requ irements to better accommodate diesels b y adding flexibility without sacrificing emissions. While some manufacturers are developing vehicles to meet California standards, this is not a certaint y. While the number of light

- duty diesels currentl y offered in the US is limited, the prospects for future growth are promising. (1265/4241, 1268/2857, 3192/4526, 4348/4349, 265/4241, 4242, 4673)
**RESPONSE:** Diesel vehicles presentl y comprise a very small percentage (0.09%) of passenger and light

- dut y vehicles i n Pennsylvania. Based on the Department’s anal ys is, it appears that automakers have not as yet been enthusiastic about offering diesel light

duty vehicles in the United States and Penns yl vanians have not been choosing to buy very man y of the small number (six) of models available. Gasoline versions of these vehicles are certified and available in CA LEV states. The heavier diesel pick

- up trucks such as those t ypicall y used by farmers are not regulated by the Pennsylvania Clean Vehicles Program because of their weight

—the only

light

- dut y trucks subject to the program are those 8,500 pounds gross vehicle weight or less. While today ’s diesel vehicles are fuel efficient, other vehicles can provide the same fuel
econom y **and** also emit less pollution. The joi nt EPA/DOE Model Year 2006 Fuel Economy Guide , available at www.fueleconomy .gov/feg/FEG2006/pdf , lists vehicles with gasoline

- powered, diesel and hy brid gasoline

- electric technologies in its list of model y ear 2006 fuel economy leaders. Currently no diesel vehicles are certified for sale in California because they cannot meet the emission standards, not because they are banned. The smog

- forming emissions of current light

- dut y vehicle diesel engine s are much higher than comparable gasoline engines and these diesel vehicles have not been able to meet CA L EV standards. In fact, they are presentl y certified to the least stringent level (Bin10) of the federal Tier II standard. DEP agrees with the co mmentator’s description of the historical record of CARB’s regulatory

development, which shows that predictive capability of government regulators is not infallible, since at least one manufacturer, Daimler Chry sler, has already announced the availability of a model y ear 2007 light

- dut y diesel vehicle capable of complying with LEV standards. (The company ’s January 8, 2006 press release, "NAIAS 2006 Detroit: DaimlerChrysler to Feature Technology for the Cleanest Diesel in the76

World," is available at www.daimlerchry sler.com .) In 1998, CARB perhaps did not anticipate the beneficial effects of ultra

- low sulfur diesel fuel on the ability of the automakers to develop clean diesel vehicles. This fuel will be availa ble throughout the United States in October 2006. There is now rapid advancement in developing exhaust clean

- up technologies for diesel cars and light

- dut y trucks. Automakers are therefore expected to be better able to certify diesel vehicles to the CA RB standard if they so desire. The Department believes that CARB, EPA and the manufacturers share similar goals

– to ensure clean light

- duty

diesels can be part of the vehicle mix in the United States. Postponement of the implementation of the CA LEV program in Penns yl vania from model y ear 2006 until model y ear 2008 as provided in this rulemaking will help provide time for manufacturers to meet the standards for vehicles anticipated to be sold in CA LEV states. EPA’s recent Tier II rule changes (71 Fe d. Reg. 16053, Mar. 30, 2006, direct final rule effective June 28, 2006) affect model ye ars 2007

- 2009 onl y. After that time, EPA expects that manufacturers will be able to meet the “remaining narrow challenges” facing diesel technology . 71 Fed. Reg . at 1 6056. DEP agrees that the prospects for additional light

- duty diesel vehicles are promising. Vehicles that can both offer energy efficiency

and meet environmental standards will likely be much more acceptable to consumers than they are at present.
10 7. **COMMENT:** Several manufacturers recently announced that they

do not plan on certifying flexible fueled vehicles (FFVs) in California this y ear. There is uncertaint y about the future of FFVs and E85. Industry , federal and state leaders have recentl y expressed support for “flexible fueled vehicles” that operate on fuels with a greater percentage of ethanol, which is a renewable fuel. What will be the impact of this proposed regulation on the use of ethanol? (4242, 4673)
**RESPONSE:** Ethanol can either be added to gasoline in amounts up to 10%, which can be accommodated in conventional vehicles, or in a blend called E85, which is 85% ethanol. A speciall y - designed vehicle, known as a “flexible fuel” vehicle, which can run on conventional gasoline or E85, is needed to accommodate E85 fuel. There will be no effect on the use of ethanol in conventional vehicles from the Penns yl vania Clean Vehicles Program. For E85 and new flexible fuel vehicles, the postponement in compliance date in the rulemaking will give the industry time to respond to market situations.
The decision b y two manufacturers not to certify flexible fueled vehicles in California for the coming model ye ar (MY 2007) was a business decision, reportedl y based on the lack of E85 refuelin g stations. At least one other manufacturer, General Motors, is continuing to certify FFVs in California for MY 2007. There are few E85 stations outside the Midwest. California has only one and, therefore, there is a small market.77

As E85 stations bec ome more common, the Department anticipates that the demand for the vehicles will increase and these manufacturers will again certify FFVs for use in CA LEV programs. Also, E85 can be used in all of the FFVs alread y in use in Pennsylvania. Pennsylvania h as an interest in encouraging renewable fuels, such as ethanol. The first public E85 station in Pennsylvania opened in the spring of 2006.
108. **COMMENT:** Currently available technology

cannot meet the proposed fuel efficiency and emissions requirements of CA LEV II without reducing vehicle weight and size but reducing weight and size would reduce consumer utility and contribute to higher traffic fatalities. Weight reductions are likely even if they

are not in the CARB staff’s view necessary . Also, it h as been suggested that there are no safety issues involved in the California rule because vehicles must meet general motor vehicle safety standards. Those standards, however, would be in effect with or without the California rule and the issue is one of i ncremental risk. (1265/4241, 1268/2857, 3192/4526, 4348/4349)
**RESPONSE:** As indicated by CARB in its Final Statement of Reasons, California law specificall y prohibits CARB from using weight reduction or vehicle class elimination as a mechanism to achieve compliance with the GHG provisions of the CARB standard. The Department believes that CARB’s anal ys is of the available technology options for compliance with the GHG requirement is sound and that weight reduction strategies are not necessary . Many

of the p roposed technologies are either in current production or are in late stage development by automakers, and do not involve weight or size reductions. In addition, the GHG provisions provide sufficient lead

- time for automakers to cost

effectivel y integrate these existing technologies into production. Any weight reduction strategies that may

be employ ed b y automakers are business decisions by individual automakers and not the result of requirements of either the CA LEV II standards or the Pennsylvania Clean V ehicles Program. The Department agrees that federal motor vehicle safet y standards will continue to apply to an y vehicle introduced for sale into the Commonwealth. Comments regarding process and legality
109. **COMMENT:** The program adopted a more stringent (compared to Tier I) federal option available at the time, called NLEV (National L ow - Emission Vehicle Program) (2439, 2440)
**RESPONSE:** Subchapter D of Chapter 126 of the regulation adopted in 1998, entitled New Motor Vehicle Emissions Control Program, contained both NLEV and Pennsylvania Clean Vehicles Program provisions to enable the Commonwealth to participate in NLEV as well as the Penns yl vania Clean Vehicles Program, which incorporates the California low emission vehicle program. See also the resp onse to comment #124.
110. **COMMENT:** The current DEP administration has reversed course from its 1998 statements and now claims that the California vehicle emission standard is in fact effective in Pennsylvania for Model Year 2006. If DEP’s current interpretation is to be78

believed, then the Department has offered no reason to substantiate why it is proposing to postpone implementing the California standard when, per its own argument, the automobile industry

and consumers have had advance notice of its effective date for nearl y ei ght ye ars. Our belief is that DEP has failed to revisit the current regulation in a timely fashion to incorporate the federal Tier II standards and that the proposed regulation is actuall y a conscious decision to codify the Cal ifornia standard in Pennsylvania’s regulations. (2439, 2440)
**RESPONSE:** The current rulemaking continues the course begun in 1998, when the EQB adopted the California L ow Emission Vehicle program. The 1998 preamble stated that the California program was to be implemented “... if an auto manufacturer opts out of the NLEV program or at the conclusion of the NLEV program .” 28 Pa. B. 5873, 5874 (Dec. 5, 1998) (emphasis added) . In the same rulemaking, the EQB adopted NL EV. The preamble specified that NL E V was onl y a temporary measure: “The Commonwealth’s NL EV program participation ends with model y ear 2006.” 28 Pa. B. 5783, 5875 (Dec. 5, 1998). The 1998 regulations entitled the Commonwealth’s adoption of the California program (see 25 Pa. Code §§126.4 01, 126.402(d), and 126.411

- 126.441) the “Pennsylvania Clean Vehicles Program.” The 1998 regulations provided that “[f]or the duration of the Commonwealth’s participation in the NL EV program, manufacturers may comply with the NLEV standards or equally str ingent mandatory

Federal standards in lieu of compliance with the Pennsy lvania Clean Vehicles Program established in §§ 126.411

- 126.441 ....” 25 Pa. Code §126.402(c). In 2004, EPA established more stringent Federal standards, called “Tier II.” Hence, manu facturers were required to comply with Tier II, as part of the NLEV program, for model ye ars 2004 and 2005. Beginning with model ye ar 2006, when the Commonwealth’s participation in the NL EV Program ended, the California program took effect. “Except as pr ovided in subsections (a) and (c) [describing NLEV participation], the Pennsylvania Clean vehicles Program applies to all new passenger cars, and light

- dut y trucks (if designed to operate on gasoline) sold, leased, offered for sale or lease, imported, deli vered, purchased, rented, acquired, received or registered in this Commonwealth starting with the model y ear beginning after December 5, 2000, and each model year thereafter. ” 25 Pa. Code § 126.402(d) (emphasis added)

. Hence, the current rulemaking is not an adoption or codification of the California program. The California program was adopted, or codified, in the Commonwealth in 1998. The current rulemaking seeks to postpone the compliance date of the California program in the Commonwealth from model ye ar 2006 to model y ear 2008, update definitions and cross

- references, and clarify the program to specify

an early

- credit earning period within which vehicle manufacturers must come into compliance with the NMOG fleet average. The Department proposed p ostponing implementation of the program to minimize any potential vehicle availability issues and to put in place a specific transition mechanism for compliance.79

111. **COMMENT:** The Pennsylvania Clean Vehicles Program included adoption of the L EV standards as a temporary measure or “backstop” in case EPA’s NLEV program was not implemented or if federal standards cleaner than NLEV were not adopted. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** See response to comment #110.
112 **. COMMENT:** Proposed Sections 126.431(d) (enforcement actions taken b y the CARB will apply

equally in Pennsylvania) and 126.451 (the Department will monitor and comment on amendments to CARB’s program) are clearl y new innovations to the existing Pennsylvania Clean Vehicles Pro gram. The need to add innovations of this magnitude to the existing program also undermines any argument that the content of those innovations equates to the intent of the original 1998 Pennsylvania Clean Vehicles Program and thus belies a claim that the current proposed rulemaking is simply a clarification of existing PA law. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** DEP agrees that Sections 126.431(d) and 126.451 are being added to the regulations. DEP disagrees with the remainder of the comment. Several clauses were added as a result of the review of the regulations from several states that adopted the California low emission vehicle program subsequent to Pennsy lvania to clarify , protect and better inform Penns ylvania citizens and relieve paperw ork burdens on the manufacturers. Additions to the existing program affecting its operation in Pennsylvania do not affect the status of the existing adoption of the California standards, themselves.
113. **COMMENT:** DEP documents (for example, minutes of the September 15, 1998) support the view that the CA L EV program was intended solely as a ‘backstop’ to NL EV/Tier II in the event that automakers did not comply with a cleaner, national standard for tailpipe emissions or if the national standards were some how derailed in another way . Statements attributed to DEP included that the regulation is the final step Pennsylvania needs to take to participate in NLEV, adopting the California standards is a contingency , the language is part of verbatim language that EPA is asking us to adopt, NL EV would have a greater air qualit y benefit than Tier 1 and be much more equitable for Penns yl vania than a state

- by

- state approach, without the state ‘backstop’ program, there could not be a compliance alternative and the stat e program creates the legal mechanism for NLEV as a compliance alternative, the NLEV program is voluntary and may have limited duration, and that language in the 1998 rulemaking is trying to make continuity

about clean vehicles from the NLEV vehicle to what is called the Tier two vehicle. DEP has attempted to revise the historical origin of the PA Clean Vehicles program. (2439, 2440, 1268/2857, 4236)
**RESPONSE:** DEP disagrees with the commentators. The California standards were adopted to take effect after the end of the commitment to NL EV after model y ear 2005. This was stated clearl y in the preambles to the 1998 proposed and final rulemakings: “This program will only

be implemented if an auto manufacturer opts out of the NLEV program or at the conclusion of the NLEV program . (Emphasis added.) 28 Pa. B. 5873,80

5874 (Dec. 5, 1998) (final order). (See also the preamble to proposed rulemaking at 27 Pa. B. 6303, 6305 (Nov. 29, 1997). The 1998 regulation itself was and is clear. It expressly adopts and incorporates b y reference certain provisions of the California L ow Emission Vehicle Program, Title 13, CCR (25 Pa. Code §126.411), requires CARB certification for vehicles sold, imported, delivered, purchased, leased, rented, acquired, received, or registe red in Pennsylvania (25 Pa. Code §126.412(a)), and requires compliance with the California NMOG fleet average in Penns yl vania (25 Pa. Code §126.12(b)). The 1998 regulation expressly adopts NL EV as onl y a temporary measure and a compliance alternative to the California program: “The Commonwealth’s participation in the NLEV program extends until model y ear 2006...” (25 Pa. Code §126.402(b)); and, “This subchapter allows motor vehicle manufacturers to comply with the voluntary

NLEV program ... as a compliance al ternative to the Penns yl vania Clean Vehicles Program ....” (25 Pa. Code §126.401(b).) Hence, DEP was clear that the California program was offered as more than just a backstop in the event a manufacturer did not comply

with NLEV or the federal standards wer e not finalized.
114. **COMMENT:** DEP’s January 31, 2006 letter to the General Assembly asserts that DEP adopted and intended to implement the California vehicle emission standards in Pennsylvania. DEP intentionally omits the context of the 1998 rulemakin g as well as its own stated intention to revise the regulation to incorporate Tier II when it was finalized. (Madigan/White)
**RESPONSE:** See response to comment #113..
115. **COMMENT:** The Board and Department have been ambiguous about whether they believe that the CA LEV II program is already the law of the Commonwealth. The statement in the preamble of the proposed rulemaking is not sufficientl y cl ear. There needs to be a legal basis for a conclusion that an incorporation b y reference has alread y occurr ed. It is highl y unusual for the Board to claim they have the authority

to adopt regulations that automatically incorporate, without further legislative or regulatory action and on an ongoing basis, any amendments that are made to the California program. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees that the Board and Department have been ambiguous or that the statement in the preamble is not sufficiently clear. The purpose of the final rulemaking is not to adopt CA L EV II b ecause b y virtue of the 1998 rulemaking CA L EV II is alread y adopted in Pennsylvania. In a December 2, 2005 letter to Rep. Richard Geist, EPA Region 3 Administrator Donald Welsh stated that it is the EPA’s opinion that the CA L EV standards are “the legall y effective program for Pennsy lvania” and underscored that the CA L EV standards are a “federall y enforceable part of the SIP.” The Pennsylvania Statutory Construction Act addresses situations in which cross

referenced statutory

or regulatory

provisions ar e later revised or replaced. Pennsylvania courts have held that the rules in the Statutory Construction Act appl y to regulations as well as to statutes. (See, e.g., Highway New, Inc. v. Pennsylvania Department of Transportation, 789 A.2d 802, 808 (Pa. Cmwlth. 2002).) Section 1937(a) of the81

Pennsylvania Statutory

Construction Act states that, “A reference in a statute to a statute or to a regulation issued by a public bod y or public officer includes the statute or regulation with all amendments and supplements thereto and any new statute or regulation substituted for such statute or regulation , as in force at the time of application of the provision of the statute in which such reference is made, unless the specific language or the context of the referenc e in the provision clearl y includes only the statute or regulation as in force on the effective date of the statute in which such reference is made.” (Emphasis added.) (1 Pa.C.S.A. §1937(a).) Hence, California’s post

- 1998 amendments and supplements to, and any new statute and regulation substituted for, the portions of the California L ow Emission Vehicle Program that were adopted in the Commonwealth’s 1998 rulemaking are automatically included in the Commonwealth’s regulations.

116. **COMMENT:** Auth ority to adopt regulations that automatically incorporate amendments made to the California program delegates statutory implementation authority in 71 Pa. Cons. Stat. Ann. § 745.2(a) to another state’s regulatory authority in violation of Article II, Secti on 1 of the Pennsylvania Constitution. It strains credulity to imagine that the Penns yl vania legislature would establish a carefully crafted and highl y detailed legal regime establishing various levels of state review of proposed regulations, ye t allow DE P to authorize by rule a process by

which amendments made by CARB to California regulations over which Penns yl vania has no control would automatically become state law. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The current regulations and the final r ulemaking are authorized under the Pennsylvania Air Pollution Control Act. Pennsylvania, along with the other states that have adopted the California low emission vehicle program, has the same ability to comment on changes to the California program as it has in commenting on changes to the federal new motor vehicle control program. Elected representatives are part of the Pennsylvania rulemaking process established by the Regulatory

Review Act, Act of June 25, 1982 (P.L . 633, No. 181), as amended. Additio nally , the final rulemaking requires the Department to monitor and advise the EQB of proposed or final CA LEV rulemaking under consideration by

CARB, prepare a cost/benefit anal ys is to be submitted to the EQB and Chairpersons of the House and Senate Enviro nmental Resources and Energy Committees for each proposed or final CARB rulemaking, evaluate and submit to the EQB and the Chairpersons the estimated incremental cost to manufacture vehicles that comply with the CA LEV program compared to the federal progr am, and submit comments on proposed or final CARB rulemakings on behalf of the residents of this Commonwealth. The Pennsy lvania Statutory Construction Act explicitly provides that, “A reference in a statute [or regulation] to a statute or to a regulation issued by a public body or public officer includes the statute or regulation with all amendments and supplements thereto and any new statute or regulation substituted for such statute or regulation, as in force at the time of application of the provision o f the statute [or regulation] in which such reference is made... .” (1 Pa.C.S.A. §1937(a).) Thus, the automatic inclusion in the Commonwealth’s regulations of amendments and supplements82

to, and of an y new statute or regulation substituted for a portion of, the California program are statutorily

sanctioned.
117. **COMMENT:** The assertion of authorit y (to automatically incorporate amendments) seems at odds with federal law because a new waiver of preemption was required for the changeover from LEV I to LEV I I. Even if the waiver were denied, Pennsylvania would be pre

- committed by such a view to violating the US Constitution’s Supremacy

Clause. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** States may adopt but not enforce California rules before a waive r is granted (or a finding made that the rule is within the scope of an existing waiver). Motor Vehicle Manufacturers Association of the United States v. New York State Department of Environmental Conservation , 17 F.3d 521, 534 (2d Cir. 1994). EPA grante d California a waiver for CA LEV II on April 22, 2003 (68 Fed. Reg. 19,811)

. EPA has not y et ruled on California’s waiver request for the GHG provisions of CA L EV II. If California is without waiver coverage, these rules cannot be implemented in Californ ia and, therefore, cannot be implemented in Pennsylvania. Should this happen, it would not change the requirement in Penns yl vania that new vehicles sold in the Commonwealth be those certified b y CARB.
118. **COMMENT:** The assertion of authority (to autom atically

incorporate amendments) is also inconsistent with the concession that in 1998, the Department recognized that further regulatory action would be required before the NLEV program expired at the beginning of model y ear 2006. (1265/4241, 3192/4526, 4 348/4349) **RESPONSE:** The Department disagrees that it made a “concession” of the need for further regulatory

action. The 1998 regulation established the CA LEV program as the applicable program for model y ear 2006 and bey ond. The preamble to the 1 998 regulation acknowledged that the Board would reassess the air quality need and emission reduction potential of both the California and federal programs. That assessment was completed with the conclusion that the CA L EV program should remain in effect, based on both air quality

need for attainment of the eight

- hour ozone standard and emission benefits, although a postponement would be advisable to reduce an y short

- term vehicle availability

problems. Should the Department have decided that the federal p rogram was sufficient to meet air quality needs, a rulemaking to revoke the Penns yl vania Clean Vehicles Program would have been necessary

. 119. **COMMENT:** The assertion of authorit y (to automatically incorporate amendments) is in contrast to the careful a pproach of the CAA and NLEV program, neither of which lightl y presume or presumed that state authority exists unless negated. Those federal sources of law require SI Ps to provide the necessary assurances of state law authority or state opt ins to the NL EV program to have similarly demonstrated the existence of proper state legal authority . (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The CAA does not speak to the basis of state administrative law. Pennsylvania provided the necessary assurances of state legal authorit y during its adoption of the Pennsy lvania Clean Vehicles Program and NLEV opt

- in, and in its83

submittal to EPA of a SIP revision. EPA approved that SI P revision on December 28, 1999, 64 Fed. Reg. 72564.
120. **COMMENT:** The Board and Department are under an obligation to explain to IRRC wh y the proposed regulations do not actually represent a policy decision of such a substantial nature that they require legislative review as described in 71 Pa. Cons. Stat. Ann. § 745.5b(b)(4). (1265 /4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees. The current rulemaking seeks to postpone the compliance date of the California program, which is alread y incorporated

- by

- reference in the Department’s regulations, in the Commonwealth from model y ear 2006 to model y ear 2008; update definitions and cross

- references; and clarify the program to specify

an earl y - credit earning period within which vehicle manufacturers must come into compliance with the NMOG fleet average. These measures do not represent policy decisions of such a substantial nature that they would require legislative review under the Regulatory

Review Act.
121. **COMMENT:** DEP commented in a 1997 report to the General Assembly that NL EV would be more cost

- effective and equi table than individual state low emission vehicle programs once contemplated throughout the Ozone Transport Region. (1268/2857)
**RESPONSE:** DEP agrees that the statement was made in 1997 in the context of attainment of the one

- hour standard and the NLEV n egotiations. The 1998 rulemaking, however, adopted the California program. The instant rulemaking does not adopt the Pennsylvania Clean Vehicles Program but makes changes to the alread y existing regulations to postpone the program compliance date from mo del ye ar 2006 to model ye ar 2008, specify

the early credit earning period for automobile manufacturers and update definitions and cross

- references.
122. **COMMENT:** The 1992 L ow Emission Vehicle Commission, authorized by the General Assembl y to study whe ther it made sense for the Commonwealth to adopt CA LEV, rejected adoption. (4236)
**RESPONSE:** DEP agrees that the Commission rejected adoption of CA LEV I in the context of considering Tier 1 standards and potential attainment of the one

- hour ozone standard. The Commission’s anal ys is is not particularly relevant to the instant rulemaking in light of almost 15 y ears of automotive technology and regulatory developments, EPA’s adoption of the eight

- hour ozone standard and the economic conditions in place today.
123. **COMMENT:** Four different ozone stakeholder groups met to recommend control strategies to assist Pennsylvania in meeting their attainment requirements under the CAA. Of the three groups that discussed vehicle options, all clearl y opted for f ederal auto standards instead of CA LEV. The Southeast group endorsed NLEV in 1996. The Lehigh Valley

/Reading and Southcentral groups endorsed the Tier II program in 1999.84

None of the stakeholder groups recommended CA L EV as an ozone reduction strategy

. (1268/2857, 4236)
**RESPONSE:** None of these groups made statements in the context of comparing additional benefits of CA L EV II compared to a federal Tier II program in order to attain and maintain the eight

- hour ozone standard. Neither Tier II nor CA LEV II had been finalized at the time these statements were crafted. The Lehigh Valley /Reading and Southcentral groups spoke primaril y to the issue of the time

– the stringency of the Tier II standard itself. The Southeast group was convened to make reco mmendations to achieve the one

- hour ozone standard. The one

- hour standard was revoked in 2005 and replaced by the more stringent eight

- hour standard.
124. **COMMENT:** The Board and the Department should acknowledge that SI P modeling demonstrations the Department has filed with EPA, pre

- and post

- the onset of model y ear 2006, have relied on the federal Tier II program being applicable in Pennsylvania. Tier II is the program the Department has been functionall y applying to vehicle sales in the Commonweal th. (1265/4241, 3192/4526, 4348/4349, 4236)
**RESPONSE:** CA L EV II is the legall y applicable program in the Commonwealth. During negotiations instituting NLEV, EPA and the automakers evidentl y came to an agreement creating a two model

- ye ar gap between the practical end of NLEV for model ye ar 2004 (that is, the statutory onset of Tier II, no matter what the emission standard level) and the end of a participating state’s “commitment to NL EV” in model y ear 2006. Ozone Transport Region states were presented w ith this language as being non

negotiable in order to participate in NLEV. The Commonwealth adopted this language in its regulations, which were then approved as part of the Commonwealth’s SI P. Consequently , Penns yl vania allowed automakers to comply with Tier II for model y ear 2004 and 2005. In SI P revisions affecting model y ear 2006 and later which demonstrated that the nonattainment area could maintain the one

- hour ozone or carbon monoxide standards, DEP and/or local air agencies took a conservative ap proach and accounted only for the less stringent federal standards, given that that the anal ys is of need and benefits described in the preamble to the 1998 regulations was not y et completed. As EPA Region 3 Administrator Donald Welsh stated in a December 2, 2005 letter to Rep. Richard Geist, it is the EPA’s opinion that the CA L EV standards are “the legally effective program for Pennsylvania” and the CA LEV standards are a “federall y enforceable part of the SIP.”
125. **COMMENT:** Pennsylvania’s concessions that it has relied on Tier II in SI Ps for credit and applied Tier II to vehicle sales would establish that correcting the formal SIP on file with EPA would be a ministerial matter. It was error after the Department made the viable decision to select and appl y the Tier II program beginning in model y ear 2004 for it not to take this step. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees with the implications of the actions described by the commentator. Revising the SI P would entai l a regulatory revision to revoke the California program, public hearing and EPA approval. In addition, Pennsylvania would85

have to find other measures to attain and maintain the eight

- hour health

- based standard. With regard to the suggestion that the Dep artment made the viable decision to select and apply Tier II, see the response to comment 138.
126. **COMMENT:** The Department should file corrective SIP papers in light of the lawsuit filed against the Department seeking improperly to enforce such an inac curate SI P provision. The Department should want to file such papers to eliminate any possibility

the suit might limit the Commonwealth’s discretion to choose either the federal Tier II program or CA L EV II program for Pennsy lvania, discretion both EPA
an d DEP have acknowledged exists. DEP must separate its policy preference for the CA LEV II program from its legal duties to defend the interests and prerogatives of the Commonwealth, particularly its duties to preserve the discretion of the elected represe ntatives of Penns ylvania. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** There is no need for a SI P revision. The Commonwealth’s approved SI P accuratel y reflects that the Department’s current regulations incorporate the California program. The Common wealth intends to seek a SI P revision when this final rulemaking is adopted in order to reflect the revisions to the existing regulations.
127. **COMMENT:** The Board and Department should confirm that Pennsylvania is under no federal legal compulsion to a dopt the California vehicle program. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The current rulemaking does not adopt the California vehicle program. The Commonwealth adopted the California vehicle program in 1998. At that time, the Commonwealth was under no legal obligation to adopt the program. As EPA Region 3 Administrator Donald Welsh stated in a December 2, 2005 letter to Rep. Richard Geist, it is the EPA’s opinion that the CA L EV standards are “the legally effective program for Pennsylvania ” and the CA L EV standards are a “federall y enforceable part of the SI P.”
128. **COMMENT:** A legal interpretation of the CAA Section 177 say s states adopting California standards must do so as a package, including the Zero Emission Vehicle (ZEV) sales man date. A lawsuit in federal court could leave the Commonwealth at risk of having to adopt all sections of the California regulation. (1268/2857)
**RESPONSE:** DEP disagrees. 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. Congress included the “identicality " requirement in Section 177 to prevent states from requiring manufacturers to develop a "third veh icle" and to prevent states from limiting the manufacture or sale of California

- certified vehicles. See, e.g., Motor Vehicle Manufacturers Assoc. v. New York State Department of Environmental Conservation , 17 F.3d 521, 536 (2d Cir. 1994). Not having the ZEV provisions does not require a third vehicle or limit the manufacture or sale of California vehicles. The United States Environmental Protection Agency (EPA) similarly concludes that states adopting a Section 177 program need not adopt86

California's ZEV requirements to comply with the CAA requirements for identical standards under section 177 of the CAA. See 60 Fed. Reg. 4712 (Jan. 24, 1995).
129. **COMMENT:** One reason the corrective SIPs have not been filed is that Pennsylvania understands that the existing Pennsylvania Clean Vehicles Program incorporating LEV I can no longer be enforced or in any way be applied in Pennsylvania as a matter of federal law in order to compl y with the identicality requirement of Section 177. Therefore, the proposed ru lemaking here attempting to adopt LEV II must be acknowledged as a regulatory change necessary

to achieve that objective and not as a voluntary “clarification” that L EV II is alread y state law. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees. The existing regulations alread y incorporate CA L EV II. The final rulemaking seeks to postpone the compliance date of the California program in the Commonwealth from model y ear 2006 to model y ear 2008, update definitions and cross

- referen ces, and clarify the program to specify an earl y - credit earning period within which vehicle manufacturers must come into compliance with the NMOG fleet average.
130. **COMMENT:** By

adopting and attempting to enforce the CA fleet NMOG average, PA will violate the CAA. Since it is highly unlikely that a manufacturer will sell exactly the same products in exactly the same proportions in Pennsylvania as it will in California and Pennsylvania consumers determine that a particular manufacturer’s sales mix in Pennsylvania results in a higher fleet NMOG average, the manufacturer may be required to artificially

limit sales of certain CARB

- certified cars to compl y with Pennsy lvania’s fleet average requirement. This would be an indirect limit on the sale of a motor v ehicle certified to CA standards and thus would violate Section 177. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department disagrees. This rulemaking does not adopt the Pennsylvania Clean Vehicles Program or adopt the NMOG fleet average, but mak es changes to the alread y existing regulations which alread y incorporate b y reference the NMOG fleet average. This rulemaking postpones the program compliance date from model y ear 2006 to model y ear 2008, specifies the earl y credit earning period for auto mobile manufacturers and updates definitions and cross

- references. Even if this rulemaking were adopting the California NMOG fleet average, adopting the fleet average would not violate CAA Section 177. Section 177 specificall y authorizes states like Pe nnsylvania to “adopt and enforce standards relating to control of emissions from new motor vehicles or new motor vehicle engines” if the “standards are identical to the California standards for which a waiver has been granted for such model y ear... .” Court s accept California’s NMOG fleet average as a “standard relating to control of emissions”. See, e.g., Motor Vehicle Manufacturers Assoc. v. New York State Department of Environmental Conservation, 17 F.3d 521, 537 (2d Cir. 1994) (“It would be inappropriat e to view the 1990 [CAA] amendments in a manner that would effectively prohibit any

state from opting into the California program since Congress so obviously87

planned for the several states to have that option.”); American Automobile Manufacturers Assoc. v. Cahill, 152 F.3d 196, 200 (2d Cir. 1998) (“For example, the LEV Program is clearl y a “standard”...). EPA also accepts California’s NMOG fleet average as a “standard relating to control of emissions,” as EPA has approved the SI P revisions of at least three s tates that have adopted it, namel y Maine, Massachusetts and New York. (70 Fed. Reg. 21959 (Apr. 28, 2005) (ME); 67 Fed. Reg. 78179 (Dec. 23, 2002) (MA); and 70 Fed. Reg. 4773 (Jan. 31, 2005) (NY).) Moreover, the Second Circuit Court of Appeals has stat ed that the purpose of the sales limitation prohibition in Section 177 is to prohibit Section 177 opt

- in states from attempting to regulate against the sale of a particular type, not number , of California

certified cars. Motor Vehicle Manufacturers Assoc. , supra, 17 F.3d at 536. The CAA does not require automakers to “sell exactly the same products in exactly the same proportions” in a state that adopts or implements a program requiring CARB standards. As sales hinge on marketing factors, the ultimate dec ision on what ty pe of vehicle to introduce for sale in an implementing state in order to meet the fleet average is a marketing decision. The Commonwealth’s final

- form regulation does not limit any ty pe of highway

vehicle from being introduced for sale in the Commonwealth. The Pennsylvania Clean Vehicles Program onl y requires that an y such vehicle have CARB certification and that in the aggregate the automaker’s mix of vehicles introduced for sale in the Commonwealth complies with the NMOG fleet average spec ified b y CARB.
131. **COMMENT:** Adopting the CA LEV program ties Pennsy lvania to any and all changes made to the program by the California Air Resources Board, on which Pennsylvania has no representation. Policy decisions regarding the control of air poll ution in Pennsylvania should be made by Pennsylvania’s elected representatives, not by a California bureaucracy that is unaccountable to Pennsylvanians. (1268/2857)
**RESPONSE:** The current rulemaking is not an attempt to adopt the California program. That program was adopted in the 1998 rulemaking. The final rulemaking, like the proposed rulemaking, requires the Department to monitor and advise the Environmental Quality Board of proposed or final LEV rulemakings under consideration by CARB, prepare a cost/benefit analy sis to be submitted to the EQB and Chairpersons of the House and Senate Environmental Resources and Energy Committees for each proposed or final CARB rulemaking, evaluate and submit to the EQB and the Chairpersons the estimated incremental cost to manufacture vehicles that comply with the CA LEV program compared to the federal program, and submit comments on proposed or final CARB rulemakings on behalf of the residents of this Commonwealth. Pennsylvania, along with the other states that have adopted the California low emission vehicle standards, has the same ability

to comment on changes to the California program as it has in commenting on changes to the federal new motor vehicle control program. Elected representatives are part of the Penns yl vania rulemaking process established by the Regulatory

Review Act, Act of June 25, 1982 (P.L. 633, No. 181), as amended. See response to comment #116.
132. **COMMENT:** Pennsylvania should not look to California for any thing. (2489, 2876)88

**RESPONSE:** The Department disagrees. The National Academy of Sciences recentl y found that California’s leadership role in automotive standards is beneficial to the nation.
133. **COMMENT:** The Chamber remains unconvinced that PA’s best option for meeting our attainment standards lies in ceding control over our vehicle standards to another state. (4236)
**RESPONSE:** The current rulemaking is not an attempt to adopt the California program. That program was adopted in the 1998 rulemaking. Section 177 of the C AA 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. Pennsylvania has made decisions in this regard that tailor the program to the needs of the Commonwealth and meet the identicality provisions of the CAA. Penns yl vania, along with the other states that have adopted the California low emission vehicle standards, has the same ability

to comment on changes to the California program as it has in commenting on changes to the federal new motor vehicle control program.
134. **COMMENT:** California revises its standards more frequently than the USEPA. In fact, one comment to the California regulations noted that California has changed its regulation 49 times. (1268/2857)
**RESPONSE:** DEP agrees that California has revised its standards more often than EPA, which has amended its light

- dut y vehicle standards only when explicitly directed by statute. The National Research Council (NRC) recently found that the process by which California revises its standards is scientificall y and technicall y valid and is a benefit to the country . Compared to the federal government, the ability of California to respond better to changing conditions inclu ding technological advances, was viewed by the NRC as an advantage. Most of the revisions to the California program were revisions to California’s Zero Emission Vehicles program, which is excluded from adoption in the Pennsylvania Clean Vehicles Program.
135. **COMMENT:** Section 126.451 is susceptible of being interpreted consistently with the law but the commentary about the purpose of this provision in the Preamble to the proposed rule suggests that its drafters think that the DEP’s only role will be to monitor and suggest revisions to CARB

- initiated amendments to that state’s vehicle program, which if rejected by CARB, would be binding in Penns yl vania. In reference to Section 126.451, the Alliance believes that allowing CARB rulemakings to directly
re gulate Commonwealth residents without separate confirmatory legal action in Pennsylvania is among other things an unconstitutional violation of the nondelegation doctrine in Pennsylvania. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** Section 126.451 is consistent with the law. The Department’s responsibilities under this section are spelled out in the section. The current regulations and the final rulemaking are authorized under the Pennsy lvania Air Pollution Control Act. In addition, see response to c omment #116.89

136. **COMMENT:** The proposed regulations fail to satisfy the “stringency” limitation in 35 Pa. Cons. Stat. Ann. § 4004.2(b), which requires rules to be no more stringent than those required b y the CAA unless authorized or required by the Penn sylvania Air Pollution Control Act or specificall y required b y t he CAA. Section 4004.2(b) goes on to list certain exceptions to this stringency limitation. But none are applicable here. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department di sagrees. The existing regulation automatically incorporates the current California program, which at this time is CA L EV II, not CA LEV I. Section 4.2(b) of the Air Pollution Control Act is inapposite because this rulemaking is not a rulemaking that adop ts the California standards, since they are alread y adopted. The final rulemaking postpones the compliance date of the Pennsylvania Clean Vehicles Program by two y ears. Furthermore, the Department disagrees with the commentator’s characterization of the stringency provision of the Pennsylvania Air Pollution Control Act. Section 4.2 authorizes adoption of regulations that are more stringent than federal requirements if they are reasonabl y necessary to achieve or maintain the ambient air quality standards. Adoption of the California program under section 177 of the federal CAA was reasonably necessary

to achieve and maintain the health

- based 1

- hour ozone ambient standard in Penns yl vania and the successor 8

- hour ozone ambient standard.
137. **COMMENT:** Th e Board and Department appear to be arguing that the regulations are no more stringent than the existing regulations. That attempted reformulation of the controlling legal standard differs from the stringency limitation imposed by

Section 4004.2(b). More over, the CA L EV I program currently incorporated into existing Pennsylvania regulations is a legal nullity that can no longer be enforced under the CAA. Hence, an y comparisons to the level of stringency of those regulations is also legally irrelevant. (1265/4241, 3192/4526, 4348/4349)
**RESPONSE:** The Department agrees that this rulemaking is no more stringent than the existing regulations. The Department disagrees that the Department has attempted to reformulate the legal standard or that CA LEV I is the program currentl y incorporated into existing Pennsylvania regulations. The existing regulation incorporates the current California low emission vehicle program, which is CA L EV II, not CA LEV I, and will continue automaticall y to include amendments and supplements to California’s low emissions vehicle program, in accordance with section 1937(a) of the Pennsylvania Statutory Construction Act. See response to comment #116. Comparisons in the preamble between the proposed rulemaking and the existing program are for purposes of describing the impacts of the proposed rulemaking: in particular the rulemaking’s postponement of compliance with the Penns yl vania Clean Vehicles Program by two ye ars. Finally , Section 4.2(b) of the Air Pollution Control Act i s inapposite because this rulemaking is not a rulemaking that adopts the California standards, since they are alread y adopted. In an y event, Section 4.2 authorizes adoption of regulations that are more stringent than federal requirements if they are reaso nabl y necessary to achieve or maintain the ambient air quality standards, and adoption of the California program under90

section 177 of the federal CAA is reasonabl y necessary to achieve and maintain the health

- based 8

- hour ozone ambient standard.
138. **C OMMENT:**  It is difficult to see how the Department can even attempt to assert that the CA L EV II program that the proposed regulations would adopt is not more stringent than the CA LEV I program referenced in the existing regulations. (1265/4241, 3192/45 26, 4348/4349)
**RESPONSE:** The Department is not asserting that the CA L EV II program is not more stringent than the CA LEV I program. The existing regulation incorporates the current California low emission vehicle program, which is CA L EV II, not CA LEV I, and will continue automaticall y to include amendments and supplements to California’s low emissions vehicle program, in accordance with section 1937(a) of the Pennsylvania Statutory Construction Act. The final rulemaking postpones the compliance d ate of the Pennsylvania Clean Vehicles Program by two y ears. See response to comment #116.
139. **COMMENT:** The proposed rulemaking should not proceed at this time. A stakeholder process (as included in SB 1025) should be instituted to help analyze st ate options for meeting air quality standards. SB 1025 also requires DEP to report back to the General Assembl y b y June 30, 2010. (2439, 2440, 4236)
**RESPONSE** : The Department does not agree. Neither a stakeholder process, nor the schedule in SB 1025, accounts for the timetables of the CAA nor the Commonwealth’s regulatory

process. Specifically , DEP must submit State Implementation Plan revisions for meeting the eight

- hour ozone standard by June 2007 and for meeting the fine particulate standard b y Apr il 2008. The stakeholder processes which took place in 1996 and 1997 took more than a y ear; it took a minimum of one additional y ear subsequent to those groups submitting recommendations to DEP to finalize recommendations in regulation. Furthermore, thi s rulemaking is not designed to adopt the California program, since adoption occurred in 1998: rather, it makes changes to the alread y existing regulations to postpone the program compliance date from model ye ar 2006 to model ye ar 2008, specify

the early c redit earning period for automobile manufacturers and update definitions and cross

- references.
140. **COMMENT:** An October 28, 2005 letter from DEP to members of the House of Representatives states that passage of HB 2141 [a bill to abrogate the Pennsyl vania Clean Vehicles Program] and repeal of the Clean Vehicles Program “puts us in violation of federal law.” Subsequently , DEP changed its argument, conceding that Pennsy lvania can in fact maintain the federal Tier II standards but in DEP’s view would ne ed additional reductions from stationary sources to meet air quality standard. (2439, 2440)
**RESPONSE:** The statement that repealing the Pennsylvania Clean Vehicles Program would violate federal law and the statement that Pennsylvania has the option to return to the federal new motor vehicles program are not contradictory . Penns yl vania adopted the Pennsylvania Clean Vehicles Program in 1998 and submitted the regulation to EPA as a SI P revision. That SIP revision was effective February 28, 2000. Approval of a SI P by91

EPA makes the SI P federally enforceable. In a December 2, 2005 letter to Rep. Richard Geist, EPA Region 3 Administrator Donald Welsh stated that it is the EPA’s opinion that the CA L EV standards are “the legally effective program for Penns yl v ania” and underscored that the CA LEV standards are a “federall y enforceable part of the SI P.” This means that federal law needs to be followed if this part of the Commonwealth’s SI P is to be changed. The Commonwealth’s adoption of California emission st andards could not be revoked without holding public hearings on a proposed SIP revision to do so, responding to comments received and submitting the proposed SIP revision to EPA for approval. Just as DEP had the authority in 1998 to choose to adopt the Ca lifornia standards, DEP has the authority to choose to participate in the federal program, but only if these steps are followed. Pennsylvania is required by the federal CAA to achieve and maintain the national ambient air quality

standards in all areas of the state designated as nonattainment. The available emission reduction options are “a shrinking slate,” as characterized by Mr. Welsh in the December 2005 letter. Since states do not have man y strategies relating to motor vehicles available to them, mo st of the strategies are indeed reductions from stationary sources.
141. **COMMENT:** A November 1, 2005 email from the PENNDOT Secretary to all members of the General Assembly insinuates that passage of HB 2141 [a bill to abrogate the Pennsylvania Clean Vehicles Program] would jeopardize $1.6 billion in federal transportation funding. The email failed to include a detailed discussion of the implications of HB 2141, the likelihood of whether the Commonwealth in fact would lose federal funding, or whether the Commonwealth actually relied upon the California vehicle emission standards as part of its SI P compliance strategy . A December 2005 letter from the EPA Region 3 Administrator stated that he believed passage of the bill would not result in application of federal sanctions against the Commonwealth because at present, the Commonwealth’s SI P does not rel y upon such emission reductions. (2239, 2240)
**RESPONSE:** The interpretation that revocation of the Pennsylvania Clean Vehicles Program might trigger fe deral sanctions was based upon the fact that the program is a federally enforceable portion of Pennsy lvania’s SIP. The December letter referenced by the commentators provided a different interpretation of the application of mandatory sanctions under the f

ederal CAA and also indicated that it is unlikely that EPA would impose discretionary

sanctions because DEP had not relied upon the benefits of the CA LEV program in its SI P revisions for the one

- hour ozone standard. DEP agrees that the emission reduction benefits of the California low emission vehicle program in one

- hour ozone SI Ps were not relied upon in SI P submissions to date, but DEP has included the benefits in its development of SI P revisions to attain and maintain the eight

- hour standard. Penns yl v ania will begin submitting these SI P revisions in the fall of this y ear.
142. **COMMENT:** DEP’s preamble touts the California standard as a means of controlling carbon dioxide (GHG) emissions. DEP fails to acknowledge that reduction of carbon dioxide emis sions is not a requirement of the SI P or the federal CAA. Further92

DEP ignores a September 2003 EPA General Counsel determination that EPA does not have the authorit y under federal law to regulate motor vehicle emissions of carbon dioxide or other GHGs. (2239, 2240)
**RESPONSE:** This rulemaking does not add the GHG provisions of the California regulations but makes changes to the alread y existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the earl y credit earning period for automobile manufacturers and update definitions and cross

references. The preamble to the proposed regulation stated that California recentl y added a GHG fleet average requirement to its L EV II program beginning with MY 2009, which will have to be met in California to obtain CARB certification. DEP is not requiring auto manufacturers to meet a fleet average for GHGs based on Pennsylvania sales, but, as stated in the preamble, DEP expects that the Commonwealth will realize the benefits of California’s GHG

- certified vehicles through the Commonwealth’s existing requirement that new vehicles have CARB certification. The preamble explained that California estimates that the program, when fully phased

- in, will provide about a 30%
re duction in GHG emissions from new vehicles required to comply compared to the 2002 fleet. The Department anticipates that this Commonwealth will achieve similar results. DEP did not state or imply that reducing CO2 emissions in the Pennsylvania Clean Veh icles Program is a requirement of the SI P or the CAA. DEP does not ignore the September 2003 EPA General Counsel opinion regarding GHGs; to the contrary , the preamble expressl y acknowledged that California is currentl y defending its greenhouse gas regulat ions against legal challenges filed by the auto industry . EPA’s position on regulation of GHGs from motor vehicles is currently under review by

the Supreme Court of the United States in the case of Massachusetts v. EPA, U.S., No. 05

- 1120.
143. **COMMENT:** The EQB states that one of the purposes of the proposed regulation is to reduce carbon dioxide. (1268/2857)
**RESPONSE:** DEP disagrees with the comment. This rulemaking does not adopt the Pennsylvania Clean Vehicles Program or add the GHG component; this rulemaking makes changes to the alread y existing Pennsylvania regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definitions and c ross - references. DEP stated in the preamble that because California had adopted standards to reduce GHGs, the Commonwealth would realize similar benefits.
144. **COMMENT:** States have no statutory authority and are, in fact, expressly prohibited from pass ing or enforcing an y statute or regulation that attempts to reduce carbon dioxide through the regulation of vehicle fuel econom y. The National Highway Traffic Safet y Administration made such statements in both its proposed and final rule for average fuel economy standards for light trucks. (1265/4241, 3192/4526, 4348/4349 1268/2857)
**RESPONSE:** This rulemaking does not adopt the California regulation but makes changes to the alread y existing regulations to postpone the program compliance date from93

model y ear 2006 to model y ear 2008, specify the early credit earning period for automobile manufacturers and update definitions and cross

- references. The Pennsylvania Clean Vehicles Program does not require automakers to meet the California GHG fleet average bas ed on sales in Pennsylvania

. The issue of whether California’s GHG regulation attempts to regulate vehicle fuel economy is currently

being litigated in federal court in California, in Central Valley Chrysler

- Jeep, Inc. v. Catherine E. Witherspoon, 1:04

- cv - 06663

- AWI

- LJ O. If the California regulation is overturned in court, the Commonwealth will not realize GHG benefits from California’s GHG provisions. The statements made b y the National Highway Traffic Safet y Administration were made in a preamble, not a regulation, and do not carry the authority

of law.
145. **COMMENT:** The command and control t ype of regulation adopted in California and under consideration by the EQB stands in sharp contrast to the consumer

- and market

- oriented approach recentl y develop ed in Canada. The voluntary agreement between vehicle manufacturers and the Canadian government to attempt to achieve reductions in CO2 levels in Canada demonstrates nothing about the feasibility or impacts of the California rule. The Canadian rule does n ot specify limits on any

one manufacturer’s CO2 and reductions need not be obtained exclusively through emissions of new vehicles. The Department needs to take a position on the significance of the Canadian agreement .(1265/4241, 3192/4526, 4348/4349
**RESPONSE:** This rulemaking does not adopt the California regulation but makes changes to the alread y existing regulations to postpone the program compliance date from model y ear 2006 to model y ear 2008, specify the early credit earning period for automobi le manufacturers and update definitions and cross

- references

. The California regulations were alread y adopted in Pennsylvania; the Pennsylvania Clean Vehicles Program automaticall y includes the amendments and supplements to California’s low emission vehi cle program, in accordance with the Pennsylvania Statutory Construction Act. Pennsylvania does not have the option to participate in the voluntary Canadian agreement for reduction of GHG. The Canadian approach does not provide the public health benefits of the California program from control of NMOG, NOx and toxic pollutants.
Other comments.
146. **COMMENT:** The way to cure the air pollution problem, instead of inspecting the California vehicles that will cost the consumer more money , is to tighten sp ecifications of the dy namometer machines that are in place in the Philadelphia five

- count y area. (2241, 2242, 2243)
**RESPONSE:** The Pennsylvania vehicle emission inspection program is not the subject of this rulemaking. Itshould be noted, however, that California vehicles will be able to be tested on the emissions inspection equipment in the 25 Pennsylvania counties in which vehicle emissions testing is required. All states, whether or not they have adopted the California low emission vehicle program, are ensuring that an y new on - board diagnostics communications protocols required in California for future model ye ars are94

accommodated in their vehicle emission inspection programs, since automakers may be using them in all vehicles.
147. **COMMENT:** A se emingl y internal October 27, 2005 email exchange between DEP administrators was leaked b y DEP to an activist organization. The email listed large energy generators and manufacturers that would face additional and costly emission restrictions if HB 2141 wa s enacted. Entities on the list were privately urged to oppose HB 2141 and SB 1025. The email was utilized to browbeat legislators into opposing HB 2141; was never formally or informally

shared with legislators by DEP; and contained facilities located in politically targeted regions, not necessaril y the largest emitters. (2439, 2440)
**RESPONSE:** To the extent that the Commonwealth can rel y on emission reductions from the Penns yl vania Clean Vehicles Program to attain and maintain the health

- based ambient air quality

standards, the Commonwealth’s need to find additional reductions from industry , power plants, commercial operations, consumer activities or other mobile sources of pollution will be reduced. The Department’s October 2005 list of largest emitters in the Commonwealth for 2002 was not tailored in an y wa y other than being limited to sources of VOC and NOx because these are the ozone precursors. A list of largest emitters of all pollutants (including sulfur oxides and particulate matter) would have differed from this list. The Department also provided a list as requested by the commentators via their December 27, 2005 letter of the top twenty Title V companies for VOC and NOx for the most recent ye ar available in response to a December 27 letter from Senators Madigan and White.