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PENNSYLVANIA

CLEAN VEHICLES PROGRAM

Comment/Response Document
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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 referenced regulation.
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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 Pennsylvania 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 sales tax revenues to state and local government. There should be the same 

level of emissions standards for new vehicles brought into Pennsylvania by residents as 

for new vehicles sold by Pennsylvania dealers. The exemption will make it difficult to 

enforce the Pennsylvania 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 system. 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 the proposed exemption should be deleted and is therefore deleting proposed Section 

126.413(a)(14). The proposed amendment, added to the proposed rulemaking by the 

Environmental Quality Board (EQB) on October 18, 2005, was offered to ensure 

equitable vehicle registration requirements in Pennsylvania, 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 complicated 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, 

individuals who purchase vehicles from out-of-state dealers work with a Pennsylvania 

issuing agent to title a new vehicle in Pennsylvania. 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 by CARB or by 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 two separate numbers. The EQB 

received 4,673 letters, postcards and emails. Several commentators submitted multiple emails and letters 

with additional comments and observations throughout the public comment period. There were 

approximately 4,260 unique commentators.
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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 by residents of Pennsylvania should be removed and Pennsylvania's 

implementation of the program should be consistent with EPA's "Policy on Cross-Border 

Sales of California Certified Vehicles for 2004 and Later Model Years". The guidance 

allows a Pennsylvania dealer to sell a California vehicle to any customer and a dealer 

from a contiguous state to sell a California vehicle to any 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 already 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 vehicles from neighboring states.

3. COMMENT: In order to get full State Implementation Plan (SIP) credit, 

Pennsylvania should establish a registration enforcement process. Manufacturers print a 

statement on the Certificate of Origin that a vehicle is certified 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 has been successfully implemented in 

New York, Massachusetts and Vermont. Maine has not implemented a registration 

enforcement process and did not receive full SIP credit. (1265/4241, 3192/4526, 

4348/4349) 

RESPONSE: DEP agrees with the commentators. The 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 titling 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 Pennsylvania. 

4. COMMENT: Because of the uncertainty created in determining when a vehicle is 

“principally 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 severely restrict the vehicle choices available to the 

renting public. Vehicles regularly migrate to different states. Many other states have not 

adopted the CA LEV II program and only require compliance with federal emissions 

standards. A clarification is requested on vehicles 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 International Registration Plan 
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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 Pennsylvania Clean Vehicles Program. The 

International 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 year 

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 principally

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 Corporation 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 any 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 comply with those standards? The EQB should clearly 

delineate the requirements in the final-form regulation. (4350, 4673) 

RESPONSE: The Department does not intend to require 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 examined regulations 

adopted by other states that have adopted the California standards and found that 

provisions in state regulations that differed from Pennsylvania’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 principally 

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.

6. COMMENT: The commentator questions the legality of the delegation to CARB 

that Section 126.431(d) represents (pertaining to enforcement actions taken by CARB 

applying to Pennsylvania) and notes that it unlawfully strips manufacturers of their ability

in a Pennsylvania court to contest the validity at law of any CARB enforcement action as 

to 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 Island’s approach by adding the following clause to 

proposed Sections 126.431(c) and (d): “except where the manufacturer demonstrates to 
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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 by 

manufacturers for vehicles that are sold, leased, offered for sale or lease, registered or 

titled in Pennsylvania. For the sake of clarity, 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 enforcement action taken by CARB or a voluntary

or influenced recall campaign to correct noncompliance with any 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. COMMENT: The EQB indicates that Section 126.412(d) is intended to allow 

manufacturers to carry forward NMOG credits fully for a three-year period without any

loss of those credits each year. However, this is not clearly stated in this section. This 

provision 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-year period without any loss of those credits each 

year. The final-form regulation clarifies in Section 126.412(d) that these credits may be 

carried forward without diminution during the three-year period (model years 2008, 2009 

and 2010).

8. COMMENT: Pennsylvania 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 years). 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 appropriate credit-earning period is three 

years. 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 fairly determined for any model year before MY 2006 

because most vehicles sold in Pennsylvania would have been Tier 2 vehicles, whereas 

credits (and debits) are calculated by comparing the actual fleet average of CARBcertified vehicles with the required fleet average. Consequently, credits could be earned 

for only a small number of vehicles. 
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The Department is proposing that the EQB adopt a mechanism that allows credits to be 

earned during the transition period model years 2008-2010. While California discounts 

these credits after the first year, Pennsylvania will allow full credit over model years 

2008-2010. Language clarifying this full credit has been added to the final-form 

regulation. 

9. COMMENT: By adopting and attempting to enforce the California Fleet NMOG 

average, Pennsylvania will violate the federal Clean Air Act (CAA). California’s fleet 

average scheme includes the opportunity for manufacturers to earn credits in one year by 

having a lower fleet NMOG average than required and spend credits in a later year by 

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 Pennsylvania’s regulation did not take effect until 2008, the manufacturer would 

not have earned any credits in Pennsylvania in 2005-2007 and therefore accumulated 

significant debits in Pennsylvania in 2008-2010 by selling the very same mix of vehicles 

as it sold in California those years. 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 years 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 violate 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 comply 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 keep their older, higher emitting vehicles 

longer since they would be unable to purchase the new vehicles they wanted. (3192/4526) 

RESPONSE: It is unlikely that the sales mix in California differs significantly overall 

from the sales mix in Pennsylvania (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 any parameter of concern to purchasers. In 

many cases, manufacturers make both a California and a federal version of a specific 

engine family. Many factors will influence purchase of new vehicles. The commentator 

has not presented any evidence that consumers would keep older vehicles longer based 

on differences due to NMOG fleet averages. Therefore, the requested change has not 

made in the final-form regulation. 
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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, 

4348/4349) 

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 

between the California and Pennsylvania sales mix for each manufacturer and assess the 

problems that would be caused by requiring fleet NMOG compliance. If the industrywide levels are below the fleet average standard, there would not be any 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 Pennsylvaniaspecific 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 analysis of its GHG provisions, the 

Department is confident the automakers will be able to comply with the Pennsylvaniaspecific NMOG fleet average requirement in the future. The commentator provided no 

specific information 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 SIP credits from EPA.

Reporting

13. COMMENT: Subsection (b) in Sections 126.421 – 126.425 requires a manufacturer 

to provide certain types of information to DEP “upon request.” Under what 

circumstances would the Department make the request? The EQB should clearly identify 

the type 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 

ensuring 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 

from 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 

enter 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 California: for 
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example, “new vehicle certification testing determinations and findings made by 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 writing. 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 126.431(b) of much value because the Department has 

already 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 from the Department rather than provided routinely.

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 automobile 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 those 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 greater 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 Ozone 

Transport Region beginning in model year 1999. The voluntary NLEV program 

provided a complex system of adverse consequences for failing to fulfill commitments. 

SB 1025, on the other hand, offers the auto industry the option of complying with 

California 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 the 
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existing Pennsylvania Clean Vehicles Program and prohibit the EQB from adopting 

vehicle emission standards established by CARB.

Note that this final rulemaking does not adopt the Pennsylvania Clean Vehicles Program 

but makes changes to the already existing regulations to postpone the program 

compliance date from model year 2006 to model year 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 reassess 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 Pennsylvania, particularly in the Southeast. EPA has concluded that there 

is an association between ambient ozone concentrations and increased hospital 

admissions for respiratory ailments, such as asthma. Children, the elderly and those with 

respiratory problems are most at risk, but healthy individuals may experience increased 

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

engaged in activities that involve physical 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, adversely affect not only public health but also the environment, such as 

agricultural crops and forest vegetation. Passenger cars and light-duty trucks are 

significant sources of VOCs and NOx. About one third of the Commonwealth's ozoneforming pollution comes from motor vehicles. Later this year, EPA is expected to 

finalize the fine particulate (PM2.5) implementation rule, which will also identify NOx 

emissions as a precursor to the formation of PM2.5. Further reducing ozone precursors and 

other air pollutants from motor vehicles will 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 estimate the emission-reducing benefits of retaining the 

California standards in Pennsylvania 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 year 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 Pennsylvania prepared analyses 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 analysis used Pennsylvania-specific vehicle, travel, fuel and other information.
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CA LEV II and EPA’s Tier II use similar approaches in regulating emissions affecting 

ozone and other criteria pollutants from new passenger cars and light-duty 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 choose the mix of vehicles they offer for sale to meet the fleet 

averages. 

A manufacturer may certify any particular type of vehicle to a category that limits 

emissions of a number of pollutants. For CA LEV, the major categories include Low 

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 limitations 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 recently promulgated amendments to its regulations establishing its 

California LEV II standards in Chapter 1 of Division 3, Title 13 of the California Code of 

Regulations (CCR) to include Greenhouse Gas (GHG) requirements. These GHG 

regulations are already incorporated by reference by the Department's regulations and are 

part of the Pennsylvania Clean Vehicles 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 Pennsylvania GHG fleet 

average requirement. A vehicle offered for sale in Pennsylvania must simply be CARBcertified. 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 that it needs to establish a GHG fleet average 

requirement for vehicles offered for sale in Pennsylvania to realize the GHG emission 

reductions in Pennsylvania anticipated under the California LEV II program. Overall, the 

vehicle fleet mix in Pennsylvania is similar to California's, and Pennsylvania anticipates 

it will realize similar GHG emissions reductions in Pennsylvania because the fleet vehicle 

mix in Pennsylvania is similar to California’s. 

To assess costs and cost differentials, the Department evaluated the CARB initial 

and final Statements of Reasons for the adoption of CA LEV II and the GHG 

provisions and the costs contained in EPA’s impact analysis for promulgation of 

Tier II. Before adoption, CARB predicted that implementing LEV II could 

increase 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 year 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 by 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 probably understated, since the price of gasoline is 

likely to remain higher than that used in CARB’s analysis. CARB estimated the 

GHG-related initial investment costs, possibly reflected in sticker prices, would 

start under $50 per vehicle for the first year 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 continuing 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 emissions 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 my full support for implementing the 

Pennsylvania Clean Vehicles Program.

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2030, 2033, 2034, 2035, 2037, 2063, 2070, 2072, 2073, 2074, 2075, 2076, 2078, 2082, 2083, 2084, 2090, 

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2110, 2111, 2112, 2131, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2144, 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, 

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2259, 2261, 2262, 2263, 2267, 2273, 2276, 2280, 2282, 2285, 2286, 2289, 2291, 2292, 2293, 2294, 2295, 

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11

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2408, 2409, 2410, 2411, 2412, 2413, 2414, 2415, 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, 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, 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, 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, 2627, 

2629, 2630, 2632, 2633, 2634, 2635, 2636, 2637, 2638, 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, 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, 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, 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, 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, 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, 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, 3439, 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, 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, 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, 3567, 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, 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, 
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, 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, 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, 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, 3983, 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, 4111, 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, 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, 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 support 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, 1119, 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, 1590, 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, 1815, 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, 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, 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, 2115, 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, 2245, 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, 2462, 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, 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, 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, 2617, 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, 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, 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, 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, 2790, 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, 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, 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, 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, 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, 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, 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, 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, 4466, 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

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, 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, 

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, 4688, 4689, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4730, 4741, 4742, 4743, 4744, 4745)

RESPONSE: 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 made 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 creation on God’s 

behalf and indicated their belief that the Pennsylvania 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, 2967, 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 Pennsylvania and it is getting worse, 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. Many 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, 

greater 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 are 
15

decreasing, additional reductions are necessary to achieve and maintain the tighter 

standards imposed to protect public health.

21. COMMENT: A significant number (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 Pennsylvania Clean Vehicles Program) are crucial 

for improving air quality 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 Pennsylvania still do not meet the federal government’s 

basic air quality standards. These counties comprise about 5/6ths of the 

Commonwealth’s population. 

In 2003, Pennsylvania was ranked 11th in the nation for the worst smog pollution from 

cars and trucks. Pennsylvania has some of the worst air quality in the country. 

Twelve Pennsylvania metro areas ranked among the worst 50 nationwide for groundlevel 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 children 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, approximately 47 percent of Pennsylvanians rated our air quality as fair or 

poor according to a National Conservation Trust study.

The nonattainment status of areas in Pennsylvania 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 study 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 adequate 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. Without new efforts, it is 

unclear whether Pennsylvania will ever expect to protect human health. 

Millions of Pennsylvania citizens including children, the elderly 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 triggers an estimated 370,000 

asthma attacks annually. 

Clean air standards are particularly important for older cities such as Philadelphia.

An analysis of 2002 emissions in tons per year shows that in four areas (Philadelphia, 

Lancaster, Pittsburgh and State College) in Pennsylvania, 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.

Many commentators also provided their own personal experiences with adverse health 

effects on days with excess pollution, experiences with their own or a relative’s asthma or 

other respiratory condition, anecdotal evidence from local physicians about patient load 

on smoggy days, adverse health effects from car pollution and/or how important a 

concern clean air is for them personally to make the point that air pollution causes pain 

and suffering to their 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, 1108, 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, 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, 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, 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, 1661, 1662, 1663, 1666, 1667, 1668, 1669, 1670, 1674, 1675, 1678, 1680, 1681, 1682, 1683, 1684, 

1685, 1686, 1687, 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, 1887, 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, 1972, 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, 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, 2149, 2150, 2151, 2152, 

2153, 2154, 2155, 2156, 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, 2315, 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, 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, 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, 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, 2556, 2557, 2559, 2560, 2561, 2562, 2563, 2564, 2566, 

2567, 2568, 2570, 2571, 2572, 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, 2662, 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, 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, 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, 2790, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 3983, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997, 
19

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, 4111, 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, 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, 4327, 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, 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, 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, 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, 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, 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, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4743, 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 health 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 federal 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 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 by the 

application of statewide programs because it is downwind of most areas of Pennsylvania.

 

Eight-hour nonattainment areas in Pennsylvania that are now meeting 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 federally 

enforceable State Implementation Plan requirements. EPA has already 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 revising 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 purposes of the Pennsylvania 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 Vehicles 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 already existing regulations to postpone the program compliance 

date from model year 2006 to model year 2008, specify the early credit earning period for 

automobile manufacturers and update definitions and cross-references. The revisions in 

the final rulemaking will not significantly affect overall air quality benefits at full 

implementation of the program. 

22. COMMENT: Cars and trucks are a significant source 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 Pennsylvania 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, 1233, 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, 

2149, 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, 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, 

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, 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, 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, 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, 

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, 3597, 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, 3725, 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, 3855, 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, 3983, 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, 4111, 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, 4336, 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 vehicles in Pennsylvania are actually decreasing 

because of the programs already 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 year, 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 analysis 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 Support Document, March 4, 2005 at 
23

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 Pennsylvania Clean Vehicles Program will allow the Department to achieve 

greater emission reductions from the mobile source sector. 

23. COMMENT: An analysis of 2002 emissions in tons per year shows that in four 

areas (Philadelphia, Lancaster, Pittsburgh and State College) in Pennsylvania, 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 

significantly to the formation of ozone precursor emissions. See response to comment 22.

24. COMMENT: The Pennsylvania Clean Vehicles Program goes beyond 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, 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, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 

186, 187, 188, 189, 190, 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, 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, 434, 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, 641, 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, 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, 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, 
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, 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, 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, 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, 1203, 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, 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, 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, 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, 1405, 1406, 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, 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, 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, 1630, 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, 1693, 

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, 1779, 

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, 1846, 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, 1957, 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, 

2014, 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, 

2210, 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, 2290, 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, 2463, 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, 2529, 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, 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, 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, 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, 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, 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, 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, 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, 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, 3726, 3727, 3728, 3729, 
26

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, 3855, 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, 3983, 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, 4111, 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, 4238, 4347, 4352, 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, 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 year 2004 required significant reductions in new car and light-duty truck 

emissions, the California standards go beyond 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 already existing regulations to postpone the program compliance date from model 

year 2006 to model year 2008, specify the early credit earning period for automobile 

manufacturers and update definitions and cross-references. 

25. COMMENT: The federal standards are outdated and too weak, 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 established to provide greater emission 

reductions. 

26. COMMENT: The Pennsylvania Clean Vehicles Program reduces emissions. When 

fully implemented in 2025, the Pennsylvania Clean Vehicles Program will result in 6 to 

12 percent more reduction in volatile 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 by 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, 1786, 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, 1938, 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, 2511, 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, 2596, 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 

commentators. The Department conducted two sets of quantitative analyses 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 by 

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 analyses 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 sources to air toxics. However, it should be noted that in the latest 

toxics assessment completed by 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 trucks and the proposed amendments to the Pennsylvania 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, 

1977, 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, 2517, 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 reasonably 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 by Pennsylvania 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 by 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 by 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 environment. 
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, 2234, 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)

RESPONSE: The Department agrees with the long-term nature of implementing a new 

vehicle program, since it will take some time for model year 2008 and newer vehicles, as 

required under the final-form amendments to the Pennsylvania Clean Vehicles Program, 

to comprise a majority of the fleet. The year 2025 represents the year 95% of the 

Commonwealth’s vehicles are expected to be those certified by California. 

 

31. COMMENT: Many commentators supported the Pennsylvania Clean Vehicles 

Program because of its 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 by about 30 percent. This is a huge step forward in 

reducing American’s global warming emissions, particularly 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. 

Pennsylvania 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 yet 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, 1795, 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, 1934, 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, 2155, 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, 2289, 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, 2571, 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, 2642, 

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 Pennsylvania Clean Vehicles Program. Because new 

model year 2008 vehicles in Pennsylvania will be those certified by CARB, and because 

in order to receive CARB certification after model year 2009, an auto manufacturer will 

have to meet the GHG fleet average based on sales in California, Pennsylvania 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 Management 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 Pennsylvania. Some commentators also 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, 

2161, 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 groundlevel ozone pollution. Pennsylvania’s Clean Vehicles program is designed to achieve 
31

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 payments reflect our failure to control air pollution. 

The consequences result in a total loss of about $1 billion per year, half accounted for 

by health care costs and the remainder including lost work and productivity, and 

premature mortality. 

Costs have the potential to grow at a time when many Pennsylvanians are uninsured 

or lack access to adequate health care. 

Costs, if any, associated with clean car programs are recouped many times over 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 regulations 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 

pollution discourages economic growth by allowing competing states to claim 

Pennsylvania provides a poor quality of life. 

Having smog pollution levels that already exceed federal health standards in over 

half of our counties will severely limit business and industry 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, 1806, 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 Pennsylvania 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 Pennsylvania Clean Vehicles Program is that 

the U.S. auto industry would fall further behind in the economy and competitors, 

because 4/5 of Americans desire higher fuel performance vehicles. 

America’s car manufacturers are almost always dragging their feet to their own 

detriment and to the detriment of the consumer. 

The American automakers are already 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 development 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, 1691, 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, 2011, 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, 2562, 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, 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, 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 indicated 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 quantitative 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. 

Legislative attempts to kill CA LEV 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, 1640, 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, 1972, 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, 2473, 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, 2634, 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 rely on emission reductions from the Pennsylvania 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. Pennsylvania has limited ability under the federal CAA to require mobile 

source reductions, 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 already stringently regulating most other sectors. It is 

unlikely that the Commonwealth will make progress in meeting its clean air obligations 

in certain geographic areas if the Department foregoes additional emission reductions 
34

from the transportation sector. Reducing vehicle emissions provides additional room for 

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 before 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 Pennsylvania Clean Vehicles 

Program because of the need for government 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 anything 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 implementation of the Pennsylvania Clean Vehicles Program. Examples 

of these statements include:

The Pennsylvania Clean Vehicles Program would provide more fuel-efficient 

vehicles for Pennsylvania. 

An added benefit of the standards is that they would likely 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 by 

the success of the rebate program for hybrid vehicles. 
35

Clean cars are more fuel-efficient than heavy 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 by 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, 304, 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, 2030, 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, 2578, 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, 4732, 4746, 4747, 4751)

RESPONSE: The Department agrees that these are co-benefits of the Pennsylvania 

Clean Vehicles Program for model year 2009 and subsequent vehicles. CARB 

predicted that by 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 remain 

higher than that used in CARB’s analysis. 

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 statements include: 

Some arguments against the Pennsylvania 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 Pennsylvania 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 isn’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 Pennsylvania market, it is more than likely

that production volumes will absorb any increase in production 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, 1947, 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 presently 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 year 2008. For model year 2009 and 

beyond, CARB is predicting increases in initial purchase prices starting at $17 for 

passenger cars and small trucks and $36 for large trucks 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 beyond vehicles, CARB predicts that the cost of 

sticker price increases will be overtaken during the life of the vehicle by increased 

efficiency.

41. COMMENT: Commentators made statements about the historical trends of 

estimating future costs. Examples of such statements include the following:

It is 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 actually implemented. 

Pre-regulatory estimates from both the automobile industry and the regulators are 

typically higher than what the costs end up being. Given this track record, to base any 

policy decision on the automobile industry’s estimate with regard to the Pennsylvania 

Clean Vehicles Program doesn’t make sense. 

Incremental initial costs of the GHG portion of the California LEV program may

actually 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 with 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 would 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)

RESPONSE: Commonwealth agencies must consider the costs and benefits of 

regulatory measures. There is no present cost to consumers of the Pennsylvania Clean 

Vehicles Program, since postponing the program does not incur costs. Vehicles meeting 

the GHG standards, starting with model year 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 statements include the following:

California has historically revised its standards more frequently than the federal 

government. The result has often been more stringent standards in California for a 

period of some years before the federal standards catch up. 

A recent report by the National Academy 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 country
38

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 along 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 California 

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 

significantly 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 popularity 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, 2267, 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, 2490, 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 LEV II standards, as proven in California since model 

year 2004 and the several states that have been implementing the California standards for 

many years. Compliance in Pennsylvania to meet these standards will not require 

additional technology development by the automakers. 

The Department believes that some of the technology to meet the GHG standards is on 

the market today. The “near-term” GHG standards – model year 2009 to 2013 -- were 

based on technologies that are already available on the market now on some vehicles or 

demonstrated in prototypes. Those that still face technological challenges were only 

considered in setting standards for beyond 2013. In setting standards for GHG emissions, 

California looked at 26 separate technologies for “near term,” 8 additional technologies 

for “mid-term” (2013-15) and 3 additional technologies for “long-term” (2015 and 

beyond). 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; hydrogen 

vehicles) 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 rely on the most 
39

advanced technology available; in fact, they were based on the challenges that the 

manufacturer now having the worst-performing fleet would face. Hybrid electric vehicle 

technology was not included because California believed it would not be available across 

all vehicle classes. Automakers are given flexibility to choose any technology appropriate 

for the various vehicle types they sell, whether or not the technology was considered by 

California. 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 Pennsylvanians use. 

(1345)

RESPONSE: The Department agrees. In addition, emission benefits in the 

Department’s analysis do not assume the use of California reformulated gasoline since 

the regulation that will be implemented in Pennsylvania does not require the use of 

California fuels in CARB certified vehicles. 

46. COMMENT: The Pennsylvania Clean Vehicles Program is critical to consumer 

choice in Pennsylvania. The program provides better vehicle options to consumers. 

Examples of statements supporting this position include the following:

I want to buy 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 healthier 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 citizens 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, 1681, 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, 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, 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, 1981, 

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, 2282, 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, 2555, 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, 

2612, 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, 

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, 3013, 

3185, 4237, 4238, 4240, 4733, 4734, 4735, 4736, 4737, 4738, 4739, 4740, 4741, 4742, 4743, 4744, 4745)

RESPONSE: The Department agrees that the Pennsylvania Clean Vehicles Program can 

enhance vehicle choice for clean, efficient vehicles and provide environmental and health 

protections in the ways described by the commentators. 

47. COMMENT: Warranties are 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 pounds. 

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 Pennsylvania’s existing regulations 

nor the final rulemaking requires automakers to meet the California GHG fleet average 

based on sales in Pennsylvania.

Other comments in support

49. COMMENT: Commentators remarked that Pennsylvania cannot count on the 

federal government to protect Pennsylvania 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 repeatedly failed to implement 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 Pennsylvania 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 Pennsylvanians 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, 1419, 

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 of 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 Pennsylvania to attain 

and maintain the health-based standards in all areas of this Commonwealth. The National 

Academy 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 usually led EPA in establishing standards for 

light-duty vehicles and small non-road gasoline engines. 

50. COMMENT: Ten other states have already adopted CA LEV standards, the same 

standards that the Pennsylvania 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 already 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. 

(14, 441, 628, 1138, 1145, 1247, 1261, 1263, 1266, 1272, 1364, 1487, 1585, 1588, 1592, 1604, 1605, 1607, 

1611, 1612, 1615, 1616, 1617, 1618, 1619, 1640, 1641, 1643, 1645, 1654, 1657, 1660, 1663, 1669, 1670, 

1674, 1678, 1680, 1684, 1687, 1689, 1691, 1693, 1697, 1698, 1699, 1700, 1762, 1770, 1772, 1773, 1786, 

1789, 1794, 1797, 1800, 1802, 1803, 1815, 1818, 1820, 1825, 1826, 1827, 2165, 2167, 2168, 2173, 2200, 

2201, 2218, 2223, 2235, 2237, 2239, 2240, 2244, 2247, 2254, 2257, 2258, 2264, 2267, 2268, 2269, 2276, 

2280, 2285, 2286, 2289, 2292, 2293, 2294, 2295, 2322, 2328, 2337, 2352, 2370, 2433, 2436, 2450, 2452, 

2462, 2471, 2473, 2475, 2488, 2491, 2497, 2499, 2500, 2501, 2504, 2505, 2506, 2511, 2512, 2513, 2514, 

2526, 2527, 2528, 2529, 2531, 2532, 2534, 2535, 2541, 2542, 2545, 2546, 2549, 2550, 2551, 2554, 2560, 

2561, 2567, 2570, 2574, 2577, 2578, 2579, 2581, 2585, 2588, 2589, 2591, 2592, 2593, 2594, 2595, 2596, 
42

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 LEV standards, pursuant to Section 177 of the CAA, are Connecticut, Maine, 

Massachusetts, New Jersey, New York, Oregon, Pennsylvania, 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 by model year 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 Pennsylvania Clean Vehicles Program 

but makes changes to the already existing regulations to postpone the program 

compliance date from model year 2006 to model year 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 Pennsylvania’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, 1345, 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, Pennsylvania chose not to 

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

requirements 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 representing 

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 by the amount of money AAA is using to promote its side of this issue. 

AAA opposes being able to purchase the cleanest, most fuel-efficient vehicles 

possible. By opposing the Pennsylvania Clean Vehicles Program, AAA is actually 

supporting maintaining high fuel prices. AAA apparently has no process at all to 

gauge the opinion of their members.

I do not think the membership of AAA of Pennsylvania know that AAA is saying 

they are representing us. I am disappointed that AAA has lobbied and testified 

against the Pennsylvania Clean Vehicles Program and the proposed amendments. 

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 ways to reduce air pollution, save energy

and make other environmental improvements, such as by improving public transit, 

promoting hybrids, promoting ethanol or other alternative fuels, increasing taxes on 

gasoline, promoting the use of “plug-in” vehicles, making other states take the same 

measures Pennsylvania is taking, expanding the vehicle emission inspection 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 antiidling measures, are already being implemented in Pennsylvania.

Comments regarding implementation schedule 

54. COMMENT: DEP should implement 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, 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, 
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, 172, 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, 382, 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, 434, 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, 641, 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, 696, 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, 911, 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, 1189, 

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, 1346, 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, 

1474, 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, 1623, 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, 1817, 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, 2054, 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, 2423, 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, 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, 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, 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, 3252, 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, 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, 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, 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, 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, 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, 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, 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, 3983, 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, 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, 4701, 4703, 4704, 4705, 4706, 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 rapidly 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 year 2008 can begin as early as January 2, 2007, the 

Department anticipates that compliance with the Pennsylvania Clean Vehicles Program 

will begin as early as January 2007, or as soon thereafter as the model year 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 year 2006 to model 

year 2008 won’t resolve the significant delays 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 year 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 unenforceable 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 SIP, 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 early as January 2007, or as soon thereafter as the model year 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 Pennsylvania

58. COMMENT: We do not support Pennsylvania’s proposal to adopt California’s low 

emission vehicle and GHG regulations for motor vehicles. We recommend the 

Commonwealth continue participation in the Federal Tier II program. (1265/4241, 

4348/4349, 3192/4526) 

RESPONSE: Automakers are currently subject to the Commonwealth’s Clean Vehicle 

Program requirements in Chapter 126, Subchapter D (relating to new motor vehicle 

emissions control program), which incorporate certain California LEV requirements by

reference in the Pennsylvania Code. This rulemaking does not adopt the Pennsylvania 

Clean Vehicles Program but makes changes to the already existing regulations to 

postpone the program compliance date from model year 2006 to model year 2008, 

specify the early credit earning period for automobile manufacturers and update 

definitions and cross-references. Voluntary participation by the automakers in the 

NLEV Program through MY 2005 as a compliance alternative to the Pennsylvania Clean 

Vehicles program, allowed manufacturers to sell cars complying with the more stringent 

Tier II program rather than NLEV for model years 2004 and 2005. 

59. COMMENT: I am urging Pennsylvania just to follow the federal requirements 

because residents in the Philadelphia area already bear the “undue burden” of emissions 

testing and special fuels that we are forced to buy to operate our vehicles. (239)

RESPONSE: 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 by the application of 

statewide programs because it is downwind of most areas of Pennsylvania. 

60. COMMENT: I oppose the proposal; the state should follow the federal standards. 

The residents of Pennsylvania 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 Pennsylvania 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. Pennsylvania is also working to ensure sources in 
49

upwind areas reduce their contribution. This rulemaking does not adopt the Pennsylvania 

Clean Vehicles Program, but makes changes to the already existing regulations to 

postpone the program compliance date from model year 2006 to model year 2008, 

specify the early 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 use 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 by reference in the 

Commonwealth’s regulations set forth in Chapter 126, Subchapter D of the Pennsylvania 

Code. The final rulemaking revises these already existing regulations to postpone the 

program compliance date from model year 2006 to model year 2008, specify the early 

credit earning period for automobile manufacturers and update definitions and crossreferences. 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 Vehicles Program for the model years 

2004 and 2005, manufacturers needed to sell cars complying with the more stringent 

mandated Tier 2 program rather than the voluntary NLEV for these model years. The 

Department believes that “a comprehensive strategy” for attaining and maintaining the 

health-based ambient air quality standards must reduce emissions beyond 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 analysis 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 economy and emission rules. (4348/4349, 3192/4526) 

RESPONSE: The Department agrees that the EQB should 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 Pennsylvania 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 per 
50

year of VOC, 3540 tons per year 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 currently incorporated by reference in the Commonwealth’s 

regulations. The final rulemaking revises these already existing regulations to postpone 

the program compliance date from model year 2006 to model year 2008, specify the early 

credit earning period for automobile manufacturers and update definitions and crossreferences. (See response to comment #63.) 

63. COMMENT: It is not necessary for Pennsylvania to adopt the GHG regulations as 

part of its adoption 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 Chapter 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 California smog check label. The 

GHG provisions are incorporated by reference and are part of the Pennsylvania 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 

will 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 against 

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 Pennsylvania Clean Vehicles Program. This often cited letter from 

EPA to NESCAUM regarding NESCAUM’s analysis 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 issue 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 analysis, although PADEP has 

done so. Section 177 of the CAA does not require a state to do such analysis prior to 
51

adoption of CA LEV standards. However, such benefits would need to be quantified in 

order to rely on associated emission reductions in a SIP submitted for EPA approval.” 

The Department will submit its analysis to EPA as part of a revision to its SIP.

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 differences 

between federal Tier II and CA LEV II standards. EPA was concerned that states use the 

proper methods in modeling both programs to ensure that incremental benefit from LEV 

II is properly quantified, although EPA also provided a typical estimate for incremental 

emissions benefits to be expected between the two programs. Pennsylvania 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 Pennsylvania 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 SIP submittal for the revised Pennsylvania 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 analysis and that a realistic characterization 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 NLEV 

program as a baseline.

The Department disagrees that the NLEV program should be used as a baseline 

comparison for the purpose of estimating the benefits of implementing the Pennsylvania 

Clean Vehicles Program. NLEV is no longer an option for automakers, as automakers 

were required to comply with the more stringent Tier II standards beginning with model 

year 2004. The Department’s comparisons were to the only legal alternative to CA LEV 

II standard; the federal Tier II program.

66. COMMENT: The projected emissions benefits represent a tiny fraction of 

Pennsylvania’s overall 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: California-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 of implementing the 

Pennsylvania Clean Vehicles Program assumed fuel programs currently implemented in 

this Commonwealth and did not assume the ZEV mandate because those vehicles are not 

a component of Pennsylvania’s program. 

68. COMMENT: MOBILE modeling is imprecise and the emission reduction benefits 

of CA LEV 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 by Pennsylvania for the purpose of calculating emissions benefits from onroad 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 analysis was performed using the EPA-approved model and estimation 

methodology with current and future year input data prepared by methods that have been 

long accepted by the federal government for estimating future emissions from highway 

vehicles for the purposes of transportation conformity and SIP planning purposes. The 

Department’s analysis 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 many times over the years as real in-use data is 

obtained. States are responsible for updating a wide variety of input assumptions in 

accordance with guidance provided by the federal government (e.g., EPA and Federal 

Highways 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 State Implementation Plans.

69. COMMENT: It is unnecessary for Pennsylvania to adopt California vehicle 

emission standards because they will not provide any additional environmental benefits 

for Pennsylvania. All vehicles sold throughout the United States are “clean” vehicles. 

The CA LEV II standards and federal Tier II standards essentially 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-state” vehicles. There can be 
53

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 already existing regulations to postpone the program 

compliance date from model year 2006 to model year 2008, specify the early credit 

earning period for automobile manufacturers and update definitions and cross-references. 

The emissions benefit analysis conducted 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 analysis was performed using EPA approved guidance 

for the modeling of state programs that implement CA LEV II standards. While the 

Department agrees that most automakers do offer, in part, “50-state” vehicles (i.e. 

identically configured vehicles that meet both California and federal emissions 

standards), without implementation of the Pennsylvania Clean Vehicles Program with its 

Pennsylvania-specific NMOG fleet average requirement, it is unknown if the mix of 

vehicles offered for sale in Pennsylvania by an individual automaker 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 standards. (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 only 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 primarily 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 analysis 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 analysis is 

fundamentally flawed. The Department disagrees that the flaws alleged by the 

commentator to exist in CARB’s GHG analysis are extensively documented in the CARB 
54

rulemaking record. With regard to the commentator’s summary of these flaws, which 

forms the basis of a large part of the commentator’s analysis of the effects of the 

Commonwealth’s proposed rulemaking to extend the compliance deadline for the 

existing PCV program, the Department believes that CARB adequately addressed and 

refuted the commentator’s alleged flaws in CARB’s Final Statement of Reasons. See 

also the Department’s response to comment #76.

72. COMMENT: The CARB analysis for California is not relevant to Pennsylvania 

and PADEP has done nothing to evaluate the impact of Pennsylvania specific factors on 

the results of a California analysis. (4346, 1265/4241, 3192/4526, 4348/4349) 

RESPONSE: The commentators incorrectly assume that the Commonwealth is 

proposing adoption of a GHG fleet average requirement based on Pennsylvania sales. 

Neither the Commonwealth’s existing regulations nor the final rulemaking adopts a GHG 

fleet average requirement based on Pennsylvania sales. The commentator’s 

accompanying analysis is focused almost in its entirety on the GHG provisions assuming 

a GHG fleet average based on Pennsylvania sales. Therefore, the erroneous conclusions 

of its analysis are not relevant. 

The Department did use Pennsylvania-specific “factors” for its emissions analysis 

evaluating the proposed amendments to the existing Pennsylvania Clean Vehicles 

Program. The Department used EPA approved guidance for evaluating the impacts of the 

implementation of state programs incorporating CA LEV II standards. This analysis 

expressly used Pennsylvania-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 analysis and to a 

consultant hired by the Alliance of Automobile Manufacturers. Neither the commentator 

nor the Alliance’s consultant produced any evidence refuting the Department’s analysis 

or methodology that was based on assumptions that accurately reflected the nature of the 

Department’s existing or amended Pennsylvania 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 Pennsylvania has been performed relative to 

opting out of the CA LEV II regulations. This analysis addresses not only errors made by 

CARB staff in its analysis of the impact of the California GHG regulations on criteria and 

precursor pollutant emissions in California but also the significant issues specifically as 

they apply to Pennsylvania. Sierra [Sierra Research, Inc.] has not requested nor received 

endorsement of this analysis by any specific manufacturer or any organization of 

manufacturers. (4346, 4348/4349)

RESPONSE: The Department disagrees that the Sierra Research analysis addresses 

significant issues specifically as they apply to Pennsylvania. Sierra Research’s analysis is 

fundamentally flawed in that it incorrectly assumes that Pennsylvania is adopting a GHG 

fleet average compliance requirement based on Pennsylvania sales, and in that it 
55

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 already 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 Pennsylvania. This rulemaking makes changes to the already existing 

Pennsylvania regulations to postpone the program compliance date from model year 2006 

to model year 2008, specify the early credit earning period for automobile manufacturers 

and update definitions and cross-references.

The Department disagrees that the Sierra Research analysis 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 

analysis of the GHG provisions for the California GHG provision rulemaking (indicated 

both in the Alliance’s comments to the Department and in CARB’s rulemaking 

documents). It is evident that the analysis 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 Pennsylvania, please see the Department’s 

responses to comments 71, 74, 76, 79, 80 and 81.

74. COMMENT: DEP appears to assert, without having performed any technical 

analysis, 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 analysis would show that criteria and precursor emissions in Pennsylvania 

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 Pennsylvania 

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-year 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 analysis of the purported emissions increase 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 analysis has little practical value with regard to this 

rulemaking. In addition, the analysis provided no relevant information, analysis, or data 
56

to specifically refute the Department’s analysis of the emissions impact of postponing the 

compliance date of the Commonwealth’s existing program. The Department’s analysis is 

based on current EPA guidance.

Furthermore, 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 must deny a waiver if it determines that California’s finding was arbitrary

and capricious, among other things. The commentator will have the opportunity to 

present its analyses 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 

emissions 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 criteria 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 analysis of its GHG provisions, that 

there will be a net decrease 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 analysis as neither the Commonwealth’s 

existing regulations nor the final rulemaking require the California GHG fleet average 

requirement to be met based on Pennsylvania sales. 

76. COMMENT: It may be that PADEP is relying on a flawed analysis prepared by

CARB staff that found that adoption of the California GHG regulations in California will 

reduce precursor emissions and criteria pollutant levels. (4346, 4348/4349) 

RESPONSE: The Department is relying, in part, on EPA approved guidance for the 

estimation of emissions benefits for states that implement programs incorporating CA 

LEV II standards. The Department’s analysis 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 additional 

net decrease of the emissions of NOx and Reactive Organic Gases (an analog to VOC). 

The Department’s analysis did not include estimates of those potential additional benefits 

because neither the Commonwealth’s existing regulations nor its final rulemaking 
57

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 Pennsylvania will 

lead to higher pollutant 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 cycle 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 

known as the “fleet turnover” effect; and

3. Increased vehicle operation due to the higher fuel economy 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) and 

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 cycle emissions,” “fleet turnover” and 

“rebound” effects 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 provisions 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 similar 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 consumers in California.

The Department agrees that emissions of CO and particulate emissions (PM10 in 

particular) may slightly increase with the implementation of the California program as 

indicated by CARB. For the purpose of this rulemaking, the Department did not do a 

specific analysis regarding CO and particulate emissions but instead relies on the 

assumption, supported by CARB’s analysis, that any potential increases in particulate 

matter or CO due to the GHG regulations would be de minimis and would have no 

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 already existing Pennsylvania regulations to postpone the program 

compliance date from model year 2006 to model year 2008, specify the early credit 

earning period for automobile manufacturers and update definitions and cross-references.

See responses to comments #79, 80 and 81 regarding the Department’s evaluation of the 

same commentators’ analysis and the underlying 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 did 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 Pennsylvania sales. See also the Department’s 

responses to comments #72, 73, 74, 75 and 76 regarding CARB, the Department’s and 

the commentators’ analyses. 

79. COMMENT: Adoption of the CA LEV II regulations with the GHG provisions in 

Pennsylvania will result in increased VOC+NOx, CO and PM2.5 emissions relative 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 ozone 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 

cycle, fleet turnover, and rebound effects. (4346, 4348/4349) 

RESPONSE: The Department disagrees with the commentators’ estimates of emissions 

impacts. The commentators’ analysis of the purported emissions increase incorrectly

assumes that automakers will 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 commentators’ analysis has little practical value 

with regard to this rulemaking. In addition, the analysis provided little, if any, additional 

information, analysis, or data to specifically refute the Department’s analysis of the 

emissions impact of postponing the compliance date of the Commonwealth’s existing 

program. The Department’s analysis 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 cycle emissions (described by the 

commentators as potential changes in emissions with regard to the changes in the amount 

of gasoline produced), fleet turnover (described by the commentators as potential changes 

in fleet composition due to possible retention of older vehicles longer) and VMT rebound 

(described by the commentators as potential increase in vehicle miles traveled due to 

increased vehicle operation 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’ underlying 

assumptions with regard to the resultant impact of these effects in California were 

successfully refuted by CARB 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 analysis to evaluate the impacts of the California GHG 

provisions, is the federal Tier II program. The California standards are currently

incorporated by reference in the Pennsylvania Code and approved as a SIP 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 specify a 3-year 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 LEV II standards and not the federal Tier II standards. The 

commentators did not provide any such comparison of GHG provision impact to the 

existing regulations or proposed amendments to the Pennsylvania Clean Vehicles 

Program.

The Department’s analysis 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 Pennsylvania sales and that automakers will still be required to meet the 

NMOG fleet average based on Pennsylvania sales (thus ensuring reductions over Tier II), 

these benefits would be secondary and are not included in the Department’s analysis.

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 analyses 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 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 realistic cost estimates, smog-forming emissions 

will increase by at least 7.9 tons per day in 2020. Additionally implementation of the 

California rule will increase PM2.5 by 2.3% in the year 2020. CO emissions would 
60

increase by 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 any measurable positive effect on the climate of Pennsylvania or any 

other predictable public-health benefit. (1265/4241, 3192/4526, 4348/4349) 

RESPONSE: The Department disagrees. The increases the commentators purport will 

occur as a result of implementing the PCV program are assertedly based on an analysis 

submitted by Sierra Research with supporting material provided by NERA economic 

consulting and Robert Crawford of Rincon Ranch Consulting. That analysis incorrectly

assumed that the Commonwealth is proposing adoption of a GHG fleet average 

requirement based on Pennsylvania sales. That overarching assumption is incorrect and 

calls into question the results of the analysis. Furthermore, the commentators’ 

quantification of the emissions impact differs from the conclusions of the Sierra Research 

analysis, 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 provisions. The Department believes that the analysis performed by 

CARB provided the best, most reasonable estimate of the effects of CARB’s regulations 

and that the commentators’ rebuttal of CARB’s analysis, commissioned by the Alliance 

of Automobile Manufacturers from Sierra Research, was adequately refuted by CARB.

With reference to the Sierra Research/NERA/Crawford analysis regarding this final 

rulemaking, it was clear that the same underlying assumptions about “rebound” and “fleet 

turnover” used for Sierra Research’s / NERA’s California analysis were being loosely 

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 

based on a New York state study with no documentation verifying NERA’s 

assumption that fleet scrappage rates were similar in Pennsylvania. Sierra 

Research also allegedly provided forecasted information to NERA on new 

vehicle sales counts in Pennsylvania through 2030 but with no explanation on 

Sierra Research’s sales forecasting methodology. Ultimately this 

undocumented data is used by NERA to synthesize “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 synthesized result and updated 

the assumptions for the Sierra Research analysis to “keep the vehicle-class 

VMT mix consistent with external projections.” While NERA gives no 

explanation as to what that means it appears that Sierra Research may have 

adjusted its assumptions underlying its analysis to make them consistent with 

NERA’s conclusions. 

2) Rincon Ranch’s analysis of the “rebound” effect was based largely on a New 

York state study and assumed variables based on United States averages with 
61

little apparent Pennsylvania-specific application. No supporting data or 

methodology was provided in order to evaluate the underlying assumptions or 

the mechanics of the analysis. It also appears the study used underlying 

modeling assumptions that, in the Department’s opinion, were successfully 

refuted by CARB. In turn, this analysis was used in the Sierra Research 

analysis to estimate the aggregate “rebound effect” in Pennsylvania. While the 

Department did provide considerable information to Sierra Research for Sierra 

Research’s analysis, the nature of that data required significant aggregation 

and a firm understanding of how Pennsylvania handles, in accordance with 

federal guidelines, its detailed Pennsylvania-specific data (i.e., an 

understanding of the PPSuite MOBILE pre-and post-processing software 

employed across Pennsylvania by the DEP, Pennsylvania Department of 

Transportation, and Metropolitan Planning 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 analysis accurately reflects the data used in the Department 

analysis.

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 Scenario, 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 only those vehicles sold in 

California and states that have adopted 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 will eliminate 75% of their current passenger car models, 100% 

of their current light light-duty trucks and 15% of their heavier light-duty 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 highly unrealistic given a number of factors:

1) Technological innovation to cost-effectively 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 likely will be needed to 

comply with the GHG provisions currently exist or will be viable for widespread use in 
62

general production by 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 cost effective for use in general production in the longterm (i.e., 2012 and beyond). 

It is unclear whether the commentators’ analysis for Pennsylvania includes consideration 

of competition between automakers as incentive to deploy these technologies cost

effectively 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-duty truck availability will likely be severely limited 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 

consideration 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 analysis does not provide any supporting 

documentation of the commentators’ conclusion that a two-car scenario will be the option 

chosen by automakers.

History does not support the assertion that automakers collectively will adopt the two-car 

scenario, as many automakers are currently producing significant numbers of 

“Nationwide” or “50-state” cars that meet both current CA LEV II and federal Tier II 

standards. Furthermore, the commentators’ analysis 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 by 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 

rulemaking 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 daily minimum temperatures and, therefore, are unrelated to ozone formation. This 

is clearly 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 LEV 

program is necessary for Pennsylvania 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 LEV 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 

year, it’s clear that CA LEV can do very little to bring southeast 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 their 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 originally designated as nonattainment 

attains the standard based on actual monitoring of air quality, the Commonwealth must 

demonstrate that the area will maintain the standard for at least ten years by submitting a 

maintenance plan as a SIP revision. Eight years after that, the Commonwealth will need 

to submit a second 10-year maintenance plan as a SIP. 

84. COMMENT: DEP states that it has relied upon the additional benefits of adopting 

CA LEV 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 by 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 Assembly or the public by DEP 

actually show where DEP calculates and anticipates such 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, realizing the benefits of cleaner 

cars under Tier II, the Commonwealth can meet and maintain federal air quality

standards. (2439, 2440) 

RESPONSE: Modeling prepared by EPA for the Clean Air Interstate Rule indicated 

that many of the current nonattainment counties 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. Pennsylvania is therefore working with other states in the 

Northeast, Mid-Atlanticand Midwest, to consider additional measures to meet the eighthour standard. Public meetings were held in May 2006 to discuss possible measures in 

addition to measures like the California low emission vehicle program that have already 

been adopted by states. The Department agrees that SIP revisions in nonattainment areas 

submitted to EPA to date have not modeled highway inventories assuming 

implementation of the California program; these SIPs are primarily 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. After an area originally designated as 

nonattainment attains the standard based on actual monitoring of air quality, the 
64

Commonwealth must demonstrate that the area will maintain the standard for at least ten 

years by submitting a maintenance plan as a SIP revision. Eight years after that, the 

Commonwealth will need to submit a second 10-year maintenance plan as a SIP 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-year 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 McGinty 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 eighthour 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 by DEP since the federal Tier II program focuses on NOx reduction 

while the CA LEV 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 yet been implemented. The most significant challenge for ozone attainment and 

maintenance is in Southeast Pennsylvania. Hydrocarbon reductions are important for 

attainment and maintenance in this area. 

87. COMMENT: Some environmental groups have said that the Tier II auto [sic] will 

lead to “dirty air” and that if we don’t adopt CA LEV, our air quality will deteriorate. 

(4236) 

RESPONSE: This rulemaking does not adopt the Pennsylvania Clean Vehicles Program 

but makes changes to the already existing regulations to postpone the program 

compliance date from model year 2006 to model year 2008, specify the early credit 

earning period for automobile manufacturers and update definitions 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, vehicle emissions continue to 
65

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. 

88. 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 Pennsylvania’s. The nature of California’s problem has resulted 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 regulation would have no measurable impact on the 

global climate or the climate of Pennsylvania 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. Any 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 on temperatures. The means for controlling GHG is being 

debated internationally and can only be addressed effectively on a global basis. 

(1265/4241, 3192/4526, 4348/4349) 

RESPONSE: This final rulemaking does not adopt the Pennsylvania Clean Vehicles 

Program 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 year 2006 to model year 2008, specify the early 

credit earning period for automobile manufacturers and update definitions and crossreferences. The Pennsylvania Clean Vehicles Program does not require automakers to 

meet the GHG fleet average based on sales in Pennsylvania. 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 temperatures is not the intent of this rule. (The Department is unsure what 

document the commentator refers to as the ‘Regulatory Impact 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 Pennsylvania and assumes on that basis that they will get the same GHG 

benefits, proportionally, that California gets from the GHG regulation. But the California 
66

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 statement that the Commonwealth 

anticipates realizing similar GHG reductions due to the Department’s general assumption 

about the overall fleet mix similarity between California and Pennsylvania. The 

Department disagrees that the fleets are significantly different 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 already existing regulations to postpone the program compliance date from model 

year 2006 to model year 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 GHG fleet average based on 

sales in Pennsylvania. 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. COMMENT: DEP has not conducted the required cost-benefit analysis 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 benefits. 1268/2857 

RESPONSE: The Department has considered the costs of this rulemaking as well as the 

costs of implementing the previously adopted Pennsylvania Clean Vehicles Program 

regulations. The Department has also considered the benefits. See response to comments 

# 15, 26, 62, 79 and 93.

CARB estimated in its “Statement of Reasons” for their implementation of the CA LEV 

II program that retail vehicle prices could rise from $68 (light duty vehicle) to $276 

(heavier light duty truck) per vehicle. The 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 duty truck). As automakers are already building vehicles that comply with 
67

the Tier II standards, it can be assumed that Pennsylvania new car purchasers are paying 

the Tier II costs now. Under the Pennsylvania Clean Vehicles Program, consumers 

theoretically would pay only the difference between the Tier II and CA LEV cost 

estimates. This would result in no change in price for the light duty 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 years (a typical new car loan repayment 

period), any initial financial impact on an individual consumer is de minimis.

The Department conducted a brief survey of most of the automakers’ 2006 model year 

vehicles that were their most popular in 2005. The survey looked at Manufacturers 

Suggested Retail Price (MSRP) of these models currently on the dealers’ lots in New 

York State (a CA LEV II adopting state) and Pennsylvania. 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 difference, two automakers claimed 

that the CA LEV 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 not 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 beyond, 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 by 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 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 year) based on a model year 2016 vehicle costing an additional $1029 to 

$1064 per vehicle. These savings are probably understated, since the price of gasoline is 

likely to remain higher than that used in CARB’s analysis. 

93. COMMENT: The Pennsylvania Clean Vehicles Program will produce no air 

quality benefit relative to the Tier II program, but will instead produce increased 
68

consumer cost in terms of higher prices and limited consumer choices. (1268/4241, 4236, 

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 by 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 analysis was conducted using 

assumptions from EPA as well as assumptions from the Northeast States Coordinated Air 

Use Management (NESCAUM) study. The lower numbers use the more conservative 

EPA assumptions. The analysis used Pennsylvania-specific vehicle, travel, fuel and other 

information. 

Enforcement of the current CA LEV 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 year 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 vehicles available in the Commonwealth now will be 

available when the Pennsylvania Clean Vehicles Program is enforced. The exceptions 

are mainly light-duty diesel powered automobiles that cannot meet the cleaner California 

standards for model year 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 analysis of Pennsylvania motor vehicle registrations provided 

by the Department of Transportation. This means a little over 8100 cars between model 

years 1975 and 2006 are passenger diesel vehicles, compared to more than 8.6 million 

registered vehicles. Out of the over 610,000 new light-duty cars and trucks purchased and 

registered annually in Pennsylvania, only 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 advancement in developing exhaust clean-up 

technologies for diesel cars and light-duty 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 ULSD is widespread. The industry 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 opportunity to develop compliant vehicles if they are in 

demand by 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 of 
69

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 California low emission vehicle program does not restrict consumer choice but 

should improve it by encouraging as many 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 cost increase estimate 

of approximately $1000 by 2016 beginning in MY 2009 and beyond as a result of the 

California GHG provisions and that this cost will be offset by 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 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 estimated by CARB. 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 year) based on a model year 2016 

vehicle costing an additional $1029 to $1064 per vehicle. These savings are probably 

understated, since the price of gasoline is likely to remain higher than that used in 

CARB’s analysis. 

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 by CARB. This same study also estimated a lifetime operational savings of 

$1000 per car. According to CARB, the auto industry sponsored study had the following 

insufficiencies:

 Rejected the use of promising, cost-effective technologies for which automakers are 

already designing their core engines (e.g. turbochargers & gasoline direct injection 

systems). 

 Rejected any reasonable 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 controlling harmful automobile emissions since 1961 (two years 

before the federal government) and cost estimates for earlier programs have historically

been overestimated by 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 generally 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 by 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 

technologies 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 already existing regulations to 

postpone the program compliance date from model year 2006 to model year 2008, 

specify the early credit earning period for automobile manufacturers and update 

definitions and cross-references. 

Based on the Department’s review of CARB’s analysis of the effects of the California 

GHG provisions on automakers, the Department believes CARB has sufficiently

performed that analysis. 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 Pennsylvania 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 Pennsylvania sales. Even if the final rulemaking were 

adopting a Pennsylvania sales-based GHG fleet average requirement, 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. Therefore, 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-duty 

trucks (e.g., SUV’s) in California and Pennsylvania. 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 analysis of this issue supports the similarity of fleet 

mixes when looking at seven major manufacturers (DaimlerChrysler, Ford, GM, Honda, 

Hyundai, Nissan and Toyota). For its analysis, the commentator indicated that in the 2003 

California fleet, 53.9% of vehicles were passenger cars / light light-duty trucks and 

46.1% were 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 Pennsylvania 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 analysis performed by CARB that automakers will be able to 

employ existing technology in the near term (prior to 2012) and use developed, but not 

currently fully deployed, 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 deployed will not require radical 

shifting or 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 regulation, that 

even without a GHG fleet average requirement based on Pennsylvania sales, the 

Department will likely receive similar GHG benefits. 

98. COMMENT: I do not support the Pennsylvania 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 currently are in nonattainment of 

the ozone standard, and EPA is considering whether to make that standard more 

stringent. There are no present costs 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 by 

fuel cost savings. (1265/4241, 3192/4526, 4348/4349) 

RESPONSE: The Department believes that CARB has sufficiently analyzed the 

feasibility of automaker compliance using their expertise and access to manufacturer 
72

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 employment 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 already existing regulations to postpone the program 

compliance date from model year 2006 to model year 2008, specify the early credit 

earning period for automobile manufacturers and update definitions and cross-references. 

The commentator did not provide a copy of the report as a part of their comment for the 

Department to evaluate the Commentator's claim nor provide any additional data to 

support that claim.

101. COMMENT: Pennsylvania consumers currently have a choice of Tier II vehicles 

and CA LEV vehicles; a government regulation is not necessary for a Pennsylvania 

consumer to buy a CA LEV vehicle. (268/2857) 

RESPONSE: The Department agrees that Pennsylvania consumers have the option to 

purchase California-certified vehicles in 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 year 2006 to model year 2008, 

specify the early 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 experience difficultly in complying with the 

existing regulation which in turn could adversely affect Pennsylvania consumers’ vehicle 

choice in the near term. The requirement for vehicles to meet an NMOG fleet average 

will produce emission reductions not obtainable through voluntary purchase of CARBcertified vehicles.

102. COMMENT: Consumers should be the ones to decide how much they value fuel 

economy relative to other factors such as performance or cargo-carrying capability. 

Measures like these proposed GHG rules fail to account for consumer preferences and 

have the effect of limiting consumer choice. Consumers are increasingly choosing light 

trucks, as citizens such as contractors, repair people, builders, farmers, ranchers and other 

tradespeople rely 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 average 
73

rather than a per-vehicle GHG standard. Many of the vehicles used by the persons and 

enterprises described by the commentators exceed the threshold weight for determining 

applicability of the GHG provisions of the regulations. 

103. COMMENT: Dealers could 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 to 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 Pennsylvania are not subject to 

the California rule, Pennsylvania dealers can expect to lose all or nearly 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 will be able to purchase them 

from dealers located outside Pennsylvania, who currently and in the future will have an 

ample supply of higher-mileage vehicles for sale. (4348/4349) 

RESPONSE: There is presently no price differential in states surrounding Pennsylvania 

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 year 

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 the 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-Pennsylvanians to purchase from a Pennsylvania 

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 the 

program compliance date from model year 2006 to model year 2008, specify the early 

credit earning period for automobile manufacturers and update definitions and crossreferences. 

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 time 
74

periods required, without significant reductions in product offerings for Pennsylvania 

consumers. The customers of full line manufacturers like DaimlerChrysler 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 economy levels. This rulemaking 

makes changes to the already existing regulations which incorporate CA LEV II to 

postpone the program compliance date from model year 2006 to model year 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 GHG fleet average based on sales in 

Pennsylvania. The Department agrees that 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 even though the Commonwealth is not adopting a 

Pennsylvania sales-based GHG fleet average. The Department agrees with the analysis 

performed by CARB that automakers will be able to employ existing technology in the 

near term (prior to 2012) and use developed, but not currently fully deployed, 

technologies in 2012 and beyond. The Department agrees with CARB that automakers 

will not need to develop new GHG reduction technologies and that the technologies 

ultimately deployed will not require radical shifting or elimination of product lines in 

order to comply with the GHG certification provisions.

See also the Department’s response to comment s #81 and 97.

106. COMMENT: Several commentators expressed concern with the impact of this 

proposed regulation on the availability of diesel-fueled vehicles. Examples of these 

statements include:

Light-duty vehicles that operate on diesel are very popular. Will consumers still be 

able 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-duty vehicles in Pennsylvania. While 

heavy-duty 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 duty diesel vehicles would be eliminated from the Pennsylvania 

market. 

In a conscious 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 any diesel vehicle 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 prices, 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-duty diesel vehicles. EPA has recently modified Tier II 

requirements to better accommodate diesels by adding flexibility without sacrificing 

emissions. 

While some manufacturers are developing vehicles to meet California standards, this 

is not a certainty.

While the number of light-duty diesels currently 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 presently comprise a very small percentage (0.09%) of 

passenger and light-duty vehicles in Pennsylvania. Based on the Department’s analysis, 

it appears that automakers have not as yet been enthusiastic about offering diesel lightduty vehicles in the United States and Pennsylvanians have not been choosing to buy

very many 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 typically used by farmers are not regulated by the Pennsylvania Clean 

Vehicles Program because of their weight—the only light-duty 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 

economy and also emit less pollution. The joint EPA/DOE Model Year 2006 Fuel 

Economy Guide, available at www.fueleconomy.gov/feg/FEG2006/pdf, lists vehicles 

with gasoline-powered, diesel and hybrid gasoline-electric technologies in its list of 

model year 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-duty vehicle diesel engines are much higher than comparable gasoline 

engines and these diesel vehicles have not been able to meet CA LEV standards. In fact, 

they are presently certified to the least stringent level (Bin10) of the federal Tier II 

standard. 

DEP agrees with the commentator’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 Chrysler, has already

announced the availability of a model year 2007 light-duty 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 the 
76

World," is available at www.daimlerchrysler.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 available throughout the 

United States in October 2006. 

There is now rapid advancement in developing exhaust clean-up technologies for diesel 

cars and light-duty trucks. Automakers are therefore expected to be better able to certify 

diesel vehicles to the CARB 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 Pennsylvania from 

model year 2006 until model year 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 Fed. Reg. 16053, Mar. 30, 2006, direct 

final rule effective June 28, 2006) affect model years 2007-2009 only. After that time, 

EPA expects that manufacturers will be able to meet the “remaining narrow challenges” 

facing diesel technology. 71 Fed. Reg. at 16056.

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. 

107. COMMENT: Several manufacturers recently announced that they do not plan on 

certifying flexible fueled vehicles (FFVs) in California this year. There is uncertainty 

about the future of FFVs and E85. Industry, federal and state leaders have recently 

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 specially-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 Pennsylvania 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 by two manufacturers not to certify flexible fueled vehicles in California for 

the coming model year (MY 2007) was a business decision, reportedly based on the lack 

of E85 refueling 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 become 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 already in use in Pennsylvania. 

Pennsylvania has 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 has 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 incremental risk. (1265/4241, 1268/2857, 3192/4526, 

4348/4349)

RESPONSE: As indicated by CARB in its Final Statement of Reasons, California law 

specifically 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 analysis of the available technology options for 

compliance with the GHG requirement is sound and that weight reduction strategies are 

not necessary. Many of the proposed 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 costeffectively integrate these existing technologies into production. Any weight reduction 

strategies that may be employed by automakers are business decisions by individual 

automakers and not the result of requirements of either the CA LEV II standards or the 

Pennsylvania Clean Vehicles Program. The Department agrees that federal motor vehicle 

safety standards will continue to apply to any 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 Low-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 Pennsylvania Clean Vehicles Program, which incorporates the California 

low emission vehicle program. See also the response 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 be 
78

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 

nearly eight years. 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 actually a conscious decision to codify the California standard in 

Pennsylvania’s regulations. (2439, 2440) 

RESPONSE: The current rulemaking continues the course begun in 1998, when the 

EQB adopted the California Low 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 NLEV. The 

preamble specified that NLEV was only a temporary measure: “The Commonwealth’s 

NLEV program participation ends with model year 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 §§126.401, 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 NLEV program, manufacturers may comply with 

the NLEV standards or equally stringent mandatory Federal standards in lieu of 

compliance with the Pennsylvania 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, manufacturers were required to comply with Tier II, 

as part of the NLEV program, for model years 2004 and 2005. Beginning with model 

year 2006, when the Commonwealth’s participation in the NLEV Program ended, the 

California program took effect. “Except as provided in subsections (a) and (c) 

[describing NLEV participation], the Pennsylvania Clean vehicles Program applies to all 

new passenger cars, and light-duty trucks (if designed to operate on gasoline) sold, 

leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, 

received or registered in this Commonwealth starting with the model year beginning after 

December 5, 2000, and each model year thereafter.” 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 year 2006 to model year 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 postponing 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 LEV 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 by the 

CARB will apply equally in Pennsylvania) and 126.451 (the Department will monitor 

and comment on amendments to CARB’s program) are clearly new innovations to the 

existing Pennsylvania Clean Vehicles Program. 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 Pennsylvania to clarify, protect 

and better inform Pennsylvania citizens and relieve paperwork 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 LEV program was intended solely as a ‘backstop’ to 

NLEV/Tier II in the event that automakers did not comply with a cleaner, national 

standard for tailpipe emissions or if the national standards were somehow 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, 

NLEV would have a greater air quality benefit than Tier 1 and be much more equitable 

for Pennsylvania than a state-by-state approach, without the state ‘backstop’ program, 

there could not be a compliance alternative and the state 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 NLEV after model year 2005. 

This was stated clearly 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 by reference certain provisions of the California Low 

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 registered in Pennsylvania (25 Pa. Code §126.412(a)), and requires 

compliance with the California NMOG fleet average in Pennsylvania (25 Pa. Code 

§126.12(b)). The 1998 regulation expressly adopts NLEV as only a temporary measure 

and a compliance alternative to the California program: “The Commonwealth’s 

participation in the NLEV program extends until model year 2006...” (25 Pa. Code 

§126.402(b)); and, “This subchapter allows motor vehicle manufacturers to comply with 

the voluntary NLEV program ... as a compliance alternative to the Pennsylvania 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 were 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 rulemaking 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 sufficiently clear. There 

needs to be a legal basis for a conclusion that an incorporation by reference has already 

occurred. It is highly 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 LEV II because by virtue of the 1998 rulemaking 

CA LEV II is already 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 LEV standards are “the legally effective program for Pennsylvania” 

and underscored that the CA LEV standards are a “federally enforceable part of the SIP.”

The Pennsylvania Statutory Construction Act addresses situations in which crossreferenced statutory or regulatory provisions are later revised or replaced. Pennsylvania 

courts have held that the rules in the Statutory Construction Act apply 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 the 
81

Pennsylvania Statutory Construction Act states that, “A reference in a statute 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 of the statute in which such reference is made, unless the specific 

language or the context of the reference in the provision clearly 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 Low Emission Vehicle Program that were adopted in the 

Commonwealth’s 1998 rulemaking are automatically included in the Commonwealth’s 

regulations. 

116. COMMENT: Authority 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, Section 1 of the Pennsylvania Constitution. It strains credulity to 

imagine that the Pennsylvania legislature would establish a carefully crafted and highly 

detailed legal regime establishing various levels of state review of proposed regulations, 

yet allow DEP to authorize by rule a process by which amendments made by CARB to 

California regulations over which Pennsylvania has no control would automatically

become state law. (1265/4241, 3192/4526, 4348/4349)

RESPONSE: The current regulations and the final rulemaking 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. Additionally, 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 analysis 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. The Pennsylvania 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 of 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 supplements 
82

to, and of any new statute or regulation substituted for a portion of, the California 

program are statutorily sanctioned. 

117. COMMENT: The assertion of authority (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 II. 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 waiver 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 granted California a 

waiver for CA LEV II on April 22, 2003 (68 Fed. Reg. 19,811). EPA has not yet ruled 

on California’s waiver request for the GHG provisions of CA LEV II. If California is 

without waiver coverage, these rules cannot be implemented in California and, therefore, 

cannot be implemented in Pennsylvania. Should this happen, it would not change the 

requirement in Pennsylvania that new vehicles sold in the Commonwealth be those 

certified by CARB.

118. COMMENT: The assertion of authority (to automatically 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 year 2006. (1265/4241, 3192/4526, 4348/4349) 

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 year 2006 and beyond. The preamble to the 1998 

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 LEV 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 any short-term vehicle 

availability problems. Should the Department have decided that the federal program was 

sufficient to meet air quality needs, a rulemaking to revoke the Pennsylvania Clean 

Vehicles Program would have been necessary.

119. COMMENT: The assertion of authority (to automatically incorporate 

amendments) is in contrast to the careful approach of the CAA and NLEV program, 

neither of which lightly presume or presumed that state authority exists unless negated. 

Those federal sources of law require SIPs to provide the necessary assurances of state law 

authority or state opt ins to the NLEV 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 authority during its 

adoption of the Pennsylvania Clean Vehicles Program and NLEV opt-in, and in its 
83

submittal to EPA of a SIP revision. EPA approved that SIP revision on December 28, 

1999, 64 Fed. Reg. 72564. 

120. COMMENT: The Board and Department are under an obligation to explain to 

IRRC why 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 already incorporated-by-reference in 

the Department’s regulations, in the Commonwealth from model year 2006 to model year 

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. 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 

NLEV would be more cost-effective and equitable 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 negotiations. The 1998 rulemaking, 

however, adopted the California program. The instant rulemaking does not adopt the 

Pennsylvania Clean Vehicles Program but makes changes to the already existing 

regulations to postpone the program compliance date from model year 2006 to model 

year 2008, specify the early credit earning period for automobile manufacturers and 

update definitions and cross-references. 

122. COMMENT: The 1992 Low Emission Vehicle Commission, authorized by the 

General Assembly to study whether 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 analysis is not particularly relevant to the instant 

rulemaking in light of almost 15 years 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 clearly opted for federal 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 LEV as an ozone reduction strategy. 

(1268/2857, 4236) 

RESPONSE: None of these groups made statements in the context of comparing 

additional benefits of CA LEV 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 primarily to the issue of the time – the stringency of the Tier II 

standard itself. The Southeast group was convened to make recommendations 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 SIP 

modeling demonstrations the Department has filed with EPA, pre- and post-the onset of 

model year 2006, have relied on the federal Tier II program being applicable in 

Pennsylvania. Tier II is the program the Department has been functionally applying to 

vehicle sales in the Commonwealth. (1265/4241, 3192/4526, 4348/4349, 4236) 

RESPONSE: CA LEV II is the legally applicable program in the Commonwealth. 

During negotiations instituting NLEV, EPA and the automakers evidently came to an 

agreement creating a two model-year gap between the practical end of NLEV for model 

year 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 NLEV” in model year 2006. 

Ozone Transport Region states were presented with this language as being nonnegotiable in order to participate in NLEV. The Commonwealth adopted this language in 

its regulations, which were then approved as part of the Commonwealth’s SIP. 

Consequently, Pennsylvania allowed automakers to comply with Tier II for model year 

2004 and 2005. In SIP revisions affecting model year 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 approach and accounted 

only for the less stringent federal standards, given that that the analysis of need and 

benefits described in the preamble to the 1998 regulations was not yet 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 LEV standards are “the legally

effective program for Pennsylvania” and the CA LEV standards are a “federally 

enforceable part of the SIP.”

125. COMMENT: Pennsylvania’s concessions that it has relied on Tier II in SIPs 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 apply the Tier II program beginning in model year 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 SIP would entail a regulatory revision to revoke the 

California program, public hearing and EPA approval. In addition, Pennsylvania would 
85

have to find other measures to attain and maintain the eight-hour health-based standard. 

With regard to the suggestion that the Department 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 inaccurate 

SIP 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 LEV II program for Pennsylvania, discretion both EPA 

and 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 

representatives of Pennsylvania. (1265/4241, 3192/4526, 4348/4349) 

RESPONSE: There is no need for a SIP revision. The Commonwealth’s approved SIP 

accurately reflects that the Department’s current regulations incorporate the California 

program. The Commonwealth intends to seek a SIP 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 adopt 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 LEV standards are “the legally effective program for 

Pennsylvania” and the CA LEV standards are a “federally enforceable part of the SIP.”

128. COMMENT: A legal interpretation of the CAA Section 177 says states adopting 

California standards must do so as a package, including the Zero Emission Vehicle 

(ZEV) sales mandate. 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 vehicle" 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 adopt 
86

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 comply with the identicality requirement of Section 

177. Therefore, the proposed rulemaking 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 LEV II is already state law. (1265/4241, 3192/4526, 

4348/4349) 

RESPONSE: The Department disagrees. The existing regulations already incorporate 

CA LEV II. The final rulemaking seeks to postpone the compliance date of the 

California program in the Commonwealth from model year 2006 to model year 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.

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 comply with Pennsylvania’s 

fleet average requirement. This would be an indirect limit on the sale of a motor vehicle 

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 makes 

changes to the already existing regulations which already incorporate by reference the 

NMOG fleet average. This rulemaking postpones the program compliance date from 

model year 2006 to model year 2008, specifies the early credit earning period for 

automobile 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 specifically authorizes 

states like Pennsylvania 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 year... .” 

Courts 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 inappropriate to view the 1990 [CAA] amendments in a manner that would effectively

prohibit any state from opting into the California program since Congress so obviously
87

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 

clearly a “standard”...). EPA also accepts California’s NMOG fleet average as a 

“standard relating to control of emissions,” as EPA has approved the SIP revisions of at 

least three states that have adopted it, namely 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 stated 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 Californiacertified 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 decision on what type 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 type 

of highway vehicle from being introduced for sale in the Commonwealth. The 

Pennsylvania Clean Vehicles Program only requires that any 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 specified by CARB.

131. COMMENT: Adopting the CA LEV program ties Pennsylvania 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 

pollution 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 analysis 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 Pennsylvania 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 anything. (2489, 

2876)
88

RESPONSE: The Department disagrees. The National Academy of Sciences recently 

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 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. 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. 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. 

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-duty 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 scientifically and technically valid and is a benefit to 

the country. Compared to the federal government, the ability of California to respond 

better to changing conditions including 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 Pennsylvania. In reference to 

Section 126.451, the Alliance believes that allowing CARB rulemakings to directly

regulate 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 Pennsylvania Air Pollution Control 

Act. In addition, see response to comment #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 by the CAA unless authorized or required by the Pennsylvania Air 

Pollution Control Act or specifically required by the 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 disagrees. The existing regulation automatically 

incorporates the current California program, which at this time is CA LEV 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 adopts the California standards, since they are 

already adopted. The final rulemaking postpones the compliance date of the 

Pennsylvania Clean Vehicles Program by two years. 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 reasonably 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 Pennsylvania and the 

successor 8-hour ozone ambient standard. 

137. COMMENT: The 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). Moreover, the CA LEV I program currently incorporated into existing 

Pennsylvania regulations is a legal nullity that can no longer be enforced under the CAA. 

Hence, any 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 currently incorporated 

into existing Pennsylvania regulations. The existing regulation incorporates the current 

California low emission vehicle program, which is CA LEV II, not CA LEV I, and will 

continue automatically 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 Pennsylvania Clean Vehicles Program by two 

years. Finally, Section 4.2(b) of the Air Pollution Control Act is inapposite because this 

rulemaking is not a rulemaking that adopts the California standards, since they are 

already adopted. In any event, Section 4.2 authorizes adoption of regulations that are 

more stringent than federal requirements if they are reasonably necessary to achieve or 

maintain the ambient air quality standards, and adoption of the California program under 
90

section 177 of the federal CAA is reasonably necessary to achieve and maintain the 

health-based 8-hour ozone ambient standard. 

138. COMMENT: It is difficult to see how the Department can even attempt to assert 

that the CA LEV 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, 

3192/4526, 4348/4349) 

RESPONSE: The Department is not asserting that the CA LEV 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 LEV II, not CA LEV I, and will 

continue automatically 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 date of the 

Pennsylvania Clean Vehicles Program by two years. 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 state 

options for meeting air quality standards. SB 1025 also requires DEP to report back to 

the General Assembly by 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 by April 2008. The stakeholder processes which took place in 1996 

and 1997 took more than a year; it took a minimum of one additional year subsequent to 

those groups submitting recommendations to DEP to finalize recommendations in 

regulation. Furthermore, this rulemaking is not designed to adopt the California program, 

since adoption occurred in 1998: rather, it makes changes to the already existing 

regulations to postpone the program compliance date from model year 2006 to model 

year 2008, specify the early credit 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 Pennsylvania Clean 

Vehicles Program] and repeal of the Clean Vehicles Program “puts us in violation of 

federal law.” Subsequently, DEP changed its argument, conceding that Pennsylvania can 

in fact maintain the federal Tier II standards but in DEP’s view would need 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. Pennsylvania adopted the 

Pennsylvania Clean Vehicles Program in 1998 and submitted the regulation to EPA as a 

SIP revision. That SIP revision was effective February 28, 2000. Approval of a SIP by
91

EPA makes the SIP 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 LEV standards are “the legally effective program for Pennsylvania” and 

underscored that the CA LEV standards are a “federally enforceable part of the SIP.” 

This means that federal law needs to be followed if this part of the Commonwealth’s SIP 

is to be changed. The Commonwealth’s adoption of California emission standards 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 California 

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 many strategies relating to 

motor vehicles available to them, most 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 SIP 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 SIP does not rely upon such emission reductions. (2239, 

2240) 

RESPONSE: The interpretation that revocation of the Pennsylvania Clean Vehicles 

Program might trigger federal sanctions was based upon the fact that the program is a 

federally enforceable portion of Pennsylvania’s SIP. The December letter referenced by

the commentators provided a different interpretation of the application of mandatory

sanctions under the federal 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 SIP 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 SIPs were not relied upon in SIP submissions to date, but DEP has included the 

benefits in its development of SIP revisions to attain and maintain the eight-hour 

standard. Pennsylvania will begin submitting these SIP revisions in the fall of this year.

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 emissions is not a requirement of the SIP or the federal CAA. Further 
92

DEP ignores a September 2003 EPA General Counsel determination that EPA does not 

have the authority 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 already existing regulations to postpone the 

program compliance date from model year 2006 to model year 2008, specify the early 

credit earning period for automobile manufacturers and update definitions and crossreferences. The preamble to the proposed regulation stated that California recently 

added a GHG fleet average requirement to its LEV 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% 

reduction 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 

Vehicles Program is a requirement of the SIP or the CAA. DEP does not ignore the 

September 2003 EPA General Counsel opinion regarding GHGs; to the contrary, the 

preamble expressly acknowledged that California is currently defending its greenhouse 

gas regulations 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 already existing Pennsylvania regulations to postpone the program 

compliance date from model year 2006 to model year 2008, specify the early credit 

earning period for automobile manufacturers and update definitions and cross-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 passing or enforcing any statute or regulation that attempts to reduce 

carbon dioxide through the regulation of vehicle fuel economy. The National Highway 

Traffic Safety 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 already existing regulations to postpone the program compliance date from 
93

model year 2006 to model year 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 based 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-LJO. If the California regulation is overturned in court, the 

Commonwealth will not realize GHG benefits from California’s GHG provisions. The 

statements made by the National Highway Traffic Safety Administration were made in a 

preamble, not a regulation, and do not carry the authority of law.

145. COMMENT: The command and control type of regulation adopted in California 

and under consideration by the EQB stands in sharp contrast to the consumer- and 

market-oriented approach recently developed 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 not 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 already existing regulations to postpone the program compliance date from 

model year 2006 to model year 2008, specify the early credit earning period for 

automobile manufacturers and update definitions and cross-references. The California 

regulations were already adopted in Pennsylvania; the Pennsylvania Clean Vehicles 

Program automatically includes the amendments and supplements to California’s low 

emission vehicle 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 specifications of 

the dynamometer machines that are in place in the Philadelphia five-county area. (2241, 

2242, 2243) 

RESPONSE: The Pennsylvania vehicle emission inspection program is not the subject 

of this rulemaking. It should 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 any new on-board diagnostics 

communications protocols required in California for future model years are 
94

accommodated in their vehicle emission inspection programs, since automakers may be 

using them in all vehicles.

147. COMMENT: A seemingly internal October 27, 2005 email exchange between 

DEP administrators was leaked by DEP to an activist organization. The email listed large 

energy generators and manufacturers that would face additional and costly emission 

restrictions if HB 2141 was 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 necessarily the largest emitters. 

(2439, 2440) 

RESPONSE: To the extent that the Commonwealth can rely on emission reductions 

from the Pennsylvania 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 any way 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 year available in response to a December 27 letter 

from Senators Madigan and White.