ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CH. 1261

Pennsylvania Clean Vehicles Program

Corrective Amendment to 25 Pa. Code § 126.451

[37 Pa.B. 2091

[Saturday, January 13, 20071

The Department of Environmental Protection (Department) has discovered a discrepancy between the agency text of 25 Pa. Code § 126.45 1 (relating to responsibilities of the Department) as deposited with the Legislative Reference Bureau (Bureau) and the official

text published at 36 Pa.B. 7424, 7445 (December 9, 2006) and the text which will bepublished in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 387 (February 2007)). The text of the section contained inadvertent errors.

Therefore, under 45 Pa.C.S. § 901: The Department has deposited with the Bureau a

corrective amendment to 25 Pa. Code § 126.451. The corrective amendment to 25 Pa. Code

§ 126.45 1 is effective as of December 9, 2006, the date the defective official text was

printed in the Pennsylvania Bulletin.

The correct version of 25 Pa. Code § 126.45 1 appears in Annex A.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart C. PROTECTION OF NATURAL RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 126. MOTOR VEHICLE AND FUELS PROGRAM

Subchapter D. PENNSYLVANIA CLEAN VEHICLES PROGRAM

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(2) The Department will:(i) Prepare a Regulatory Analysis Form to be submitted to the EQB and the Chairpersons

ofthe House and Senate Environmental Resources and Energy Committees for each

proposed or final CARB rulemaking amending the Title 13 CCR, Division 3, Chapter 1 and

2 requirements incorporated by reference in this subchapter. The Department will completethe relevant provisions ofthe Regulatory Analysis Form as practical, including a

cost/benefit analysis ofthe proposed or final CARB rulemaking.

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

California Low Emission Vehicle Program compared to the cost to manufacture vehicles

that comply with the Federal Tier II vehicle emissions regulation, or its successor,

promulgated under section 177 ofthe Clean Air Act (42 U.S.C.A. § 7507) to the extent data

is available. This evaluation will be conducted on any proposed or final-form rulemakings

under consideration by CARB or its successor amending the Title 13 CCR, Division 3,

Chapter 1 and 2 requirements incorporated by reference in this subchapter and will bedistributed to the EQB and the Chairpersons of the House and Senate Environmental

Resources and Energy Committees.

(iii) Submit comments on proposed or final-form rulemakings amending the Title 13

CCR, Division 3, Chapter 1 and 2 requirements incorporated by reference in this subchapter

to CARE on behalf of the residents ofthis Commonwealth.

(3) The Department, in conjunction with the Department of Transportation, will study

and evaluate the feasibility of modifying the Pennsylvania vehicle emission inspection

program. In performing the study and evaluation, the Department, in conjunction with the

Department of Transportation, will consider the additional reductions in NON, VOCs andother pollutants to be achieved through implementation ofthe Title 13 CCR, Division 3,

Chapter 1 and 2 requirements. The Department will submit the findings and

recommendations to the EQB no later than September 10, 2007.

(4) As soon as possible, but no later than June 11, 2007, the Department will notify the

EQB of the specific reductions in NON, VOCs, carbon monoxide and any other reductionsapproved by the EPA as a result of the incorporation of the Pennsylvania Clean Vehicles

Program in the Commonwealth’s SIP. The report must include a comparison oftheincremental benefit reductions derived using EPA-approved methodology versus reductions

which would have been achieved under the Federal Tier II vehicle emission standards.

LPa.B. Doc. No. 07-40. Filed for public inspection January 12, 2007, 9:00 a.m.1

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file://G:\BREHN\PA Clean Vehicles Program SIP\PA CVP State SIP Submittal\PA Bulleti... 9/21/2011