(a)  This subchapter applies to gasoline which is sold or transferred into or within a control area for use as a motor vehicle fuel during the applicable control period.

 (b)  A blender may not sell or transfer gasoline intended for use or used in a control area to a terminal owner or operator, distributor, carrier, reseller, retailer or wholesale purchaser-consumer unless the gasoline contains a minimum oxygen content of 2.7% by weight on a per gallon basis. For the purposes of this subchapter, sell or transfer means to offer for sale, exchange, offer to exchange, dispense, offer to dispense, supply, offer to supply, store, offer to store, transport or cause the transportation.

 (c)  Beginning 5 days prior to the applicable control period, an owner or operator of a terminal (as defined in §  121.1 (relating to definitions)) may not sell or transfer gasoline intended for use or used in a control area to a distributor, carrier, reseller, retailer or wholesale purchaser-consumer unless the gasoline contains a minimum oxygen content of 2.7% by weight on a per gallon basis.

 (d)  A distributor, carrier or reseller may not sell or transfer gasoline to a retailer or to a wholesale purchaser-consumer in a control area unless the gasoline contains a minimum oxygen content of 2.7% by weight on a per gallon basis.

 (e)  Beginning November 1 of each year or other control period start date which may be specified by EPA, a retailer or a wholesale purchaser-consumer in a control area may not sell or transfer gasoline unless the gasoline contains a minimum oxygen content of 2.7% by weight on a per gallon basis.

 (f)  Nonoxygenated gasoline may be stored, sold or transferred only if it is segregated from all oxygenated gasoline and clearly and conspicuously marked as: ‘‘Nonoxygenated gasoline, not for sale to the ultimate consumer in a control area during a control period.’’

 (g)  The requirements of this subchapter apply to and remain in effect in a control area during a control period. If a control area attains the standard for carbon monoxide and an SIP revision for that redesignation which does not require continuance of the requirements of this subchapter is approved by EPA, the requirements of this subchapter will not apply to the control area, except as provided in subsection (h).

 (h)  If an area that has been redesignated as attainment for carbon monoxide fails to maintain that attainment, the requirements of this subchapter shall be reinstated in accordance with the provisions of a maintenance plan required by section 175A of the Clean Air Act (42 U.S.C.A. §  7505a) and the regulations promulgated thereto provided a notice of the reinstatement is published in the Pennsylvania Bulletin not less than 60 days prior to the effective date of the reinstatement.

 (a)  For the purpose of determining compliance with the requirements of this subchapter, the oxygen content of gasoline shall be determined by:

   (1)  Use of the sampling methodologies set forth at 40 CFR Part 80, Appendix D (relating to sampling procedures for fuel volatility) or other methods approved by EPA.

   (2)  Use of testing methods and calculations in the Guidelines for Oxygenated Gasoline Credit Programs under Section 211(m) of the Clean Air Act as Amended or other methods developed or approved by EPA. The Guidelines are available from EPA at the following address: United States Environmental Protection Agency, Office of Mobile Sources, Field Operations and Support Division (6406-J), 401 M Street, S. W., Washington, D.C. 20460.

 (b)  A blender who produces oxygenated gasoline intended for use or used in a control area during the applicable control period, other than in a truck, is required to sample, test and calculate in accordance with subsection (a), the oxygen content of each batch of oxygenated gasoline which the blender produces.

 (c)  There may not be blending of oxygenated gasoline in a truck unless the blending is done with a terminal loading rack injection/blending system. The blending shall be done in accordance with a quality assurance program approved by the Department, which includes product sampling and testing as specified in subsection (a) to verify the oxygen content listed on the record required under §  126.103(a) (relating to recordkeeping and reporting). This blending cannot violate the vapor emissions control and recovery regulations of Chapter 129 (relating to standards for sources).

 (d)  Terminal owners or operators shall develop and conduct a quality assurance program including product sampling and testing as specified in subsection (a) to verify the oxygen content listed on the record required under §  126.103(a).

   The provisions of this §  126.102 adopted August 18, 1995, effective August 19, 1995, 25 Pa.B. 3453.

 (a)  Beginning with the terminal owner or operator who sells or transfers gasoline intended for use or used in a control area during the control period, each time the physical custody of or title to a shipment of gasoline changes hands other than when gasoline is sold or transferred for use in motor vehicles at a retail outlet or wholesale purchaser-consumer’s facility, the transferor shall provide to the transferee a copy of the record described in this subsection. This record shall legibly and conspicuously contain the following information:

   (1)  The date or the sale or transfer.

   (2)  The name and address of the transferor.

   (3)  The name and address of the transferee.

   (4)  The volume of gasoline which is being sold or transferred.

   (5)  The oxygen content by weight on a per gallon basis determined using the sampling, testing and oxygen content calculations authorized by §  126.102 (relating to sampling and testing).

   (6)  A statement that either identifies the specific oxygenate contained in the gasoline or identifies whether the oxygenate contained in the gasoline is an alcohol or an ether.

   (7)  The location of the gasoline at the time of transfer.

 (b)  Blenders shall maintain copies of the records developed under §  126.102(b) and (c) to determine the oxygen content of the gasoline.

 (c)  Terminal owners and operators shall maintain copies of the records developed under §  126.102(d) sufficient to verify the oxygen content of the gasoline.

 (d)  A distributor who transports, stores or causes the transportation or storage of gasoline into or within a control area at any point between a terminal and a retail outlet or wholesale purchaser-consumer’s facility, shall carry and maintain copies of the records containing the information listed in subsection (a).

 (e)  A retailer or wholesale purchaser-consumer shall maintain copies of the records containing the information listed in subsection (a).

 (f)  A person subject to the recordkeeping requirements under this section shall maintain the records for at least 2 years and shall make them available or submit them to the Department upon request.

 (g)  A person except a retailer or wholesale purchaser-consumer who sells or transfers gasoline intended for use or used in a control area during the control period shall provide the Department with a statement upon request, in a form as the Department may prescribe, describing the person’s compliance with the requirements of this subchapter. The statement shall contain a certification by a company officer or the facility manager that the information contained in the statement is accurate.

   The provisions of this §  126.103 adopted August 18, 1995, effective August 19, 1995, 25 Pa.B. 3453.

 (a)  Retailers are responsible for compliance with the labeling requirements of this section.

 (b)  During the control period, each gasoline dispenser from which oxygenated gasoline is dispensed at a retail outlet in the control area shall have affixed a legible and conspicuous label which contains the following statement: ‘‘From November 1 through February 29, the gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles.’’

 (c)  The statement in subsection (b) shall be in block letters of at least 20-point (3/16") bold type and in a color that contrasts with the background.

 (d)  The label shall be placed on the upper 2/3 of the vertical surface on each side of the dispenser with gallonage and price meters.

   The provisions of this §  126.104 adopted August 18, 1995, effective August 19, 1995, 25 Pa.B. 3453.

Subchapter B. EMPLOYER TRIP REDUCTION

Sec.

 (a)  Employers shall develop and implement a plan to increase APO for their worksite to:

   (1)  3.00 passengers per vehicle for target area 1.

   (2)  1.75 passengers per vehicle for target area 2.

   (3)  1.58 passengers per vehicle for target area 3.

   (4)  1.50 passengers per vehicle for target area 4.

 (b)  Each employer shall designate and identify a transportation coordinator at each worksite.

 (c)  Section 126.203 (relating to calculating APO) describes the process to be followed by employers for the calculation of the APO and identifies the APO information that shall be provided to the Department on an annual basis.

 (d)  Section 126.204 (relating to developing the employer trip reduction plan) describes the process to be followed by employers for developing the employer trip reduction plan and the time frames for submission of the plan to the Department, and identifies the time frames for implementation of the plan.

 (e)  Section 126.205 (relating to Single Employer Averaging Program) establishes a process by which an employer with more than one worksite in the severe ozone nonattainment area can develop an employer trip reduction program for multiple worksites.

 (f)  Section 126.206 (relating to multiemployer programs) establishes a process by which multiple employers with worksites in close proximity within the same target area can develop an employer trip reduction program which allows trading between employers.

 (g)  Section 126.207 (relating to compliance monitoring and reporting) describes the requirements for reporting on the progress made by employers in implementing their employer trip reduction plan and, when the employer has failed to achieve the required APO, the corrective measures that will be taken to achieve the APO.

 (h)  Section 126.208 (relating to new employers) describes the time frames for development, submission and implementation of an employer trip reduction plan for employers who, because of relocation or expansion, come under the requirements of this chapter.

 (a)  Each employer shall conduct an annual evaluation of its employe population to identify each employe who reports to work during the peak travel period.

 (b)  Each employer shall conduct an annual survey of the employes identified in subsection (a) as follows:

   (1)  Employers with equal to or greater than 1,000 employes at the worksite shall either conduct a survey following the requirements of paragraph (2) or a statistically based probability survey that provides a 95% confidence level that the information gathered is an accurate representation of the affected employe population. If the number of employes responding to the survey is insufficient to establish a 95% confidence level, employes who do not respond to the survey shall be counted as arriving to work as a single occupant of a vehicle during the peak travel period.

   (2)  Employers with fewer than 1,000 employes at the worksite shall survey all employes identified in subsection (a). Employes who do not respond to the survey shall be counted as arriving to work as a single occupant of a vehicle during the peak travel period.

   (3)  The annual employer survey shall be conducted during the months of April—September. The survey shall cover 5 consecutive days, Monday—Friday inclusive, representing a typical week for the employer’s business. The survey may not include public holidays during or bordering the weekend on either side of the selected week nor include special ride share promotions.

 (c)  Each employer shall use the results of the annual survey to calculate the employer’s APO for that year. In calculating the APO:

   (1)  Except as provided in paragraph (2), vehicles driven by the only occupant and vehicles with eight or fewer adult seating positions shall be counted proportionately. For example, an employe who drives to work alone is counted as an employe reporting to work that day in one vehicle. Another employe who shares a ride with two employes would be counted as having reported to work that day in 1/3 of a vehicle. A third employe who arrives by a bus would be counted as having reported to work in zero vehicles for that day.

   (2)  A vehicle carrying employes of different companies is allocated in the vehicle counts of those companies proportionately. If, for example, a vehicle carries one employe from employer A and three employes from employer B, each employe would arrive in 1/4 of a vehicle.

   (3)  Children that are dropped off at a day care facility are counted as occupants in a vehicle. Therefore, a parent that drops off two children at a child care facility en route to the worksite will be counted as having reported to work in 1/3 of a vehicle.

   (4)  If an employe is dropped off at the worksite by a vehicle that is not continuing to another worksite, that employe is counted as having driven alone in a single vehicle.

   (5)  An employe who telecommutes and spends the entire day at home is included in the employe count for that day and assigned a zero vehicle count for that day.

   (6)  A full-time employe on a compressed work week schedule is to be included in the employe count for the compressed week days off and assigned a zero vehicle count on those days.

   (7)  An employe who walks, rides a bicycle or uses other human-powered transportation for the employe’s entire trip to the worksite is assigned a zero vehicle count for that day.

   (8)  A vehicle is included in the employer’s vehicle count if it is parked at the worksite, or drops the employe off at the worksite, or if the vehicle is parked at a location from which the employe walks to the worksite.

   (9)  Vehicles left at transit terminals, bus stops or car pool formation points more than 2 miles from the worksite are not counted in the employer’s vehicle count.

   (10)  A transitional low emission vehicle shall be counted as 9/10 of a vehicle for purposes of calculating APO.

   (11)  A low emission vehicle shall be counted as 1/2 of a vehicle for purposes of calculating APO.

   (12)  An ultra low emission vehicle shall be counted as 4/10 of a vehicle for purposes of calculating APO.

   (13)  Bus transportation serving as a bus pool may not be counted as a vehicle for purposes of calculating APO.

 (d)  The results of the annual employer survey shall be recorded on a form provided by or approved by the Department. The survey form will include:

   (1)  Employer information.

     (i)   The name, location, address and telephone number of the worksite.

     (ii)   The mailing address of the employer.

     (iii)   Applicable Standard Industrial Classification codes for the worksite.

     (iv)   The APO for the worksite.

     (v)   The name of the transportation coordinator and other persons who assist the employer in the development and implementation of the employer trip reduction plan at the worksite.

     (vi)   The name of the owner, chief executive officer or highest ranking responsible official at the worksite and an address and telephone number for that individual.

     (vii)   The location at which records described in §  126.204(d) (relating to developing the employer trip reduction plan) are kept.

   (2)  Employe information:

     (i)   The total number of employes reporting to the worksite.

     (ii)   The total number of employes reporting to the worksite during the peak travel period.

     (iii)   The number of full-time and part-time employes reporting to work during the peak travel period who:

       (A)   Drive alone in a vehicle, including a taxi with one passenger or a motorcycle or moped.

       (B)   Are dropped off by another person not going to work.

       (C)   Car pool.

       (D)   Van pool.

       (E)   Use public transportation.

       (F)   Ride a bicycle or use other human powered transportation.

       (G)   Walk.

       (H)   Work at home.

       (I)   Use other methods of reporting to work.

     (iv)   For employes who come to work in a vehicle, the number of employes who stop to drop off a child at a day care facility and the number of children dropped off at those facilities.

     (v)   For employes who report to work in a car pool or van pool, the number of other people normally in the car pool or van pool.

 (a)  Each employer shall develop and submit to the Department a plan for increasing APO at each worksite to the amount specified in §  126.202(a) (relating to general) for the target area where the worksite is located on the following schedule:

   (1)  By November 15, 1994, for employers with equal to or greater than 1,000 employes at a worksite.

   (2)  By November 15, 1995, for employers with fewer than 1,000 employes at a worksite.

 (b)  Each plan shall include the following elements:

   (1)  The annual APO survey form as required by §  126.203 (relating to calculating APO).

   (2)  A narrative description of the available commuting options for employes at or near the worksite including a description of available public transportation and parking.

   (3)  A narrative description of the trip reduction measures and incentives to be implemented at each worksite, which may include, but are not limited to, measures and incentives to:

     (i)   Provide a full or partial subsidy for employes’ use of public transit.

     (ii)   Provide a full or partial subsidy for car pool and van pool riders.

     (iii)   Allow employes to work flexible hours to promote employe ride sharing.

     (iv)   Permit employes to telecommute or work at home, or both.

     (v)   Set up a guaranteed ride home program at the worksite.

     (vi)   Establish ride share matching services for employes living in the same areas.

     (vii)   Provide employer-owned fleet vehicles for ride sharing.

     (viii)   Subsidize midday shuttles to eating and shopping areas.

     (ix)   Charge differential parking fees for employes based upon the number of employes in the vehicle.

     (x)   Provide preferential parking to car pools and van pools.

     (xi)   Charge those who drive alone for parking.

   (4)  A mechanism for ongoing monitoring and evaluation of the plan and compliance with the plan. This shall include evaluation of the annual APO survey.

   (5)  A process requiring management level employes to be responsible for development and implementation of the employer trip reduction plan.

   (6)  A process to advertise and encourage implementation of the employer trip reduction plan by employes.

   (7)  An internally enforceable process for implementing the plan according to the schedule contained in this section.

 (c)  The employer shall achieve:

   (1)  For employers with equal to or greater than 1,000 employes at a worksite:

     (i)   At least 50% of the APO increases required by §  126.202(a) during the 1995 survey period.

     (ii)   At least 80% of the APO increases required by §  126.202(a) during the 1996 survey period.

     (iii)   One hundred percent of the APO increases required by §  126.202(a) during the 1997 survey period and for each calendar year after 1997.

   (2)  For employers with fewer than 1,000 employes at a worksite:

     (i)   At least 50% of the APO increases during the 1996 survey period.

     (ii)   One hundred percent of the APO increases during the 1997 survey period and for each calendar year after 1997.

 (d)  Each employer shall keep detailed records of all documents which verify the figures used to calculate APO, as well as the documents to verify the implementation measures and reductions received through implementing the plans. Records shall be maintained for a minimum of 3 years.

 (a)  An employer with more than one worksite in a single target area may average its APO among those worksites in the target area. The average APO is calculated by dividing the number of all of the employes at all of the worksites by the number of all of the vehicles in which these employes report to the worksites.

 (b)  An employer may average between target areas only if the employer develops and implements a plan that achieves APO increases equal to the APO increases that would be required if the employer implemented separate plans for each worksite.

 (c)  The averaging program shall be implemented through a single plan which shall establish APO requirements for each site.

 (d)  There shall be a separate transportation coordinator at each worksite.

 (e)  The worksite manager and transportation coordinator shall be responsible for implementing the plan at each worksite.

 (a)  Employers with worksites which are part of a single building or a grouping of buildings located within the same target area of the severe ozone nonattainment area which are in actual physical contact or separated only by a private or public roadway or other private or public right-of-way may develop and submit a multiemployer plan to meet the requirements of this subchapter.

 (b)  Employers participating in the development of a multiemployer plan shall accumulate the employer data for establishing the APO for the multiemployer plan. The employers participating in the multiemployer plan shall, within the plan, describe and implement an internally enforceable process so that the multiemployer plan achieves increases required in the target area where the worksites are located. The plan shall describe each employer’s required APO.

 (c)  Each employer shall be responsible for implementing the multiemployer plan.

 (d)  Each employer included in the plan shall designate a separate transportation coordinator.

 (a)  Each employer in the Philadelphia CMSA shall submit the plan required by § §  126.204—126.206 (relating to developing the employer trip reduction plan; single employer averaging program; and multiemployer programs) along with a verification signed by the company president or a worksite manager that the information contained in the plans is accurate. Multiemployer plans shall contain a verification signed by the company president or a worksite manager for each employer participating in the multiemployer plan, that the information contained in the plan is accurate.

 (b)  Each year prior to 1997, each employer shall submit a report to the Department, on a form supplied by or approved by the Department, concerning the implementation of the employer trip reduction plan. The employer shall attach the current year’s annual APO survey form. The report shall be submitted to the Department within 45 days following the deadline for achieving the required APO increase specified in §  126.204(c)(1)(i) and (ii) or (2)(i). If the report indicates that the employer has failed to meet the minimum required APO rate for the reporting period, the employer shall advise the Department of the corrective measures which will be taken to assure that the employer will meet the APO required by §  126.204(c)(1)(i) and (ii) or (2)(i) by the next reporting period. The corrective measures shall be implemented as expeditiously as possible. The report shall contain a verification signed by the company president or the worksite manager that the information contained in the report is accurate. Multiemployer reports shall contain a verification signed by the company president or the worksite manager for each employer participating in the multiemployer plan that the information contained in the report is accurate.

 (c)  On or before December 31, 1997, and annually thereafter, except as provided in subsection (d), each employer shall submit a report to the Department, on a form supplied by or approved by the Department, concerning the implementation of the employer trip reduction program. The employer shall attach the current year’s annual APO survey form. The report shall contain a verification signed by the company president or a worksite manager that the information contained in the report is accurate. Multiemployer reports shall contain a verification signed by the company president or the worksite manager for each employer participating in the multiemployer plan that the information contained in the report is accurate.

 (d)  For the years following 1997, if the report required by subsection (c) demonstrates that the employer has met the requirements of this chapter, the employer shall submit the next report within 2 years, covering a 2-year period, unless the annual employer APO survey for the first year of the 2-year period indicates that the requirements of this subchapter have not been met, in which case the report required by subsection (c) shall be submitted annually.

 (e)  If the report required by this section or the annual APO survey indicates that the employer has failed to meet the required APO, the employer shall advise the Department of the corrective measures which will be taken to assure that the employer will meet the APO required by §  126.204 by the next reporting period. The corrective measures shall be implemented as expeditiously as possible.

 (f)  Employers participating in a multiemployer plan shall comply with this section by submitting a single report for each of the reports required by this section.

 (a)  An employer who, because of increases in the number of employes at a worksite or relocation of a worksite to the Philadelphia CMSA during a calendar year, is required to meet the requirements of this subchapter shall develop and implement the employer trip reduction requirements of this chapter following the schedule in this section.

 (b)  Within 1 year from the date when the number of employes at a worksite or relocation of a worksite to the Philadelphia CMSA makes the employer subject to this subchapter, the employer shall conduct an employe survey and develop and submit to the Department an employer trip reduction plan following this subchapter for increasing the APO to the amount required for the target area where the employer is located.

 (c)  The plan shall be implemented to achieve:

   (1)  Fifty percent of the APO increases within 2 years from the date established in subsection (b).

   (2)  One hundred percent of the APO increases within 3 years from the date established in subsection (b).

   This section cited in 25 Pa. Code §  126.202 (relating to general).

Subchapter C. GASOLINE VOLATILITY REQUIREMENTS

Sec.

 (a)  This subchapter applies to gasoline which is sold or transferred into or within the Pittsburgh-Beaver Valley Area during the period May 1 through September 15, 1998, and continuing every year thereafter.

 (b)  A refiner, importer, distributor, reseller, terminal owner and operator or carrier, may not:

   (1)  Sell, exchange or supply gasoline that is not a compliant fuel during the period described in subsection (a).

   (2)  Blend, mix, store or transport or allow blending, mixing, storing or transporting of compliant fuel with noncompliant fuel during the period described in subsection (a).

 (c)  A retailer or wholesale purchaser-consumer may not sell, exchange or supply gasoline that is not a compliant fuel during the period June 1 through September 15, 1998, and continuing every year thereafter.

   The provisions of this §  126.301 amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5089. Immediately preceding text appears at serial pages (237303) to (237304).

 (a)  Beginning with the terminal owner or operator who sells or transfers gasoline intended for use in the Pittsburgh-Beaver Valley Area during the period described in §  126.301(a) (relating to compliant fuel requirements), each time the physical custody of or title to a shipment of gasoline changes hands, other than when gasoline is sold or transferred for use in motor vehicles at a retail outlet or wholesale purchaser-consumer’s facility, the transferor shall provide to the transferee a copy of the record described in this subsection. This record shall legibly and conspicuously contain, at a minimum, the following information:

   (1)  The date of the sale or transfer.

   (2)  The name and address of the transferor.

   (3)  The name and address of the transferee.

   (4)  The location of the gasoline at the time of transfer.

   (5)  The volume of gasoline which is being sold or transferred.

   (6)  A statement or grade code certifying that the gasoline has an RVP of 7.8 pounds per square inch or less per gallon.

 (b)  A person who transports, stores or sells compliant fuel that is intended for use in the Pittsburgh-Beaver Valley Area during the period described in §  126.301(a), shall segregate the compliant fuel from noncompliant fuel and the documentation described in subsection (a) shall accompany the compliant fuel at all times.

 (c)  Each person in the gasoline distribution network shall maintain records containing the compliance information listed in subsection (a). These records shall be retained for at least 2 years from the date of the sale or transfer of compliant fuel.

 (d)  The records containing the compliance information in subsection (a) for the period described in subsection (c) shall be kept onsite at each point in the distribution network except for retail outlets. Retail outlets shall retain these records for the period described in subsection (c) and only those records for the current period described under §  126.301(c) shall be kept onsite. At the end of each period described under §  126.301(c), these records may be transferred to an alternate location for the remainder of the period described under subsection (c) and be made available to the Department upon request.

 Compliance with the 7.8 pounds per square inch RVP standard shall be determined by use of the sampling and testing methods specified in this section. Sampling or testing of gasoline required by this chapter shall be accomplished as follows:

   (1)  Sampling of gasoline for the purpose of determining compliance with this subchapter shall be conducted in accordance with 40 CFR Part 80, Appendix D (relating to sampling procedures for fuel volatility).

   (2)  Testing of gasoline for purposes of determining compliance with this rule shall be conducted in accordance with 40 CFR Part 80, Appendix E (relating to test for determining Reid Vapor Pressure (RVP) of gasoline and gasoline-oxygenate blend).

   The provisions of this §  126.303 amended October 1, 1999, effective October 2, 1999, 29 Pa.B. 5089. Immediately preceding text appears at serial pages (237304) and (250843).

Subchapter D. PENNSYLVANIA CLEAN VEHICLES PROGRAM

GENERAL PROVISIONS

Sec.

§ 126.401. Purpose.

 (a)  This subchapter establishes a clean vehicles program under section 177 of the Clean Air Act (42 U.S.C.A. §  7507) designed primarily to achieve emission reductions of the precursors of ozone and other air pollutants from new motor vehicles.

 (b)  The subchapter adopts and incorporates by reference certain provisions of the California Low Emission Vehicle Program.

 (c)  The subchapter also exempts certain new motor vehicles from the Pennsylvania Clean Vehicles Program.

 (d)  The Department may not implement or enforce any vehicle emission standard which is not legally permitted to be regulated under the Clean Air Act or other applicable Federal or State law or regulation.

   The provisions of this §  126.402 reserved December 8, 2006, effective December 9, 2006, 36 Pa.B. 7424. Immediately preceding text appears at serial page (260538) to (260539) and (250845).

LOW EMISSION VEHICLES

§ 126.411. General requirements.

 (a)  The Pennsylvania Clean Vehicles Program requirements apply to all new passenger cars and light-duty trucks sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired, received, titled or registered in this Commonwealth starting with the 2008 model year and each model year thereafter.

 (b)  The provisions of the California Low Emission Vehicle Program, Title 13 CCR, Division 3, Chapters 1 and 2, are adopted and incorporated herein by reference, and apply except for the following:

   (1)  The zero emissions vehicle percentage requirement in Title 13 CCR, Division 3, Chapter 1, §  1962.

   (2)  The emissions control system warranty statement in Title 13 CCR, Division 3, Chapter 1, §  2039.

 (a)  Starting with the model year 2008, a person may not sell, import, deliver, purchase, lease, rent, acquire, receive, title or register a new light-duty vehicle, subject to the Pennsylvania Clean Vehicles Program requirements, in this Commonwealth that has not received a CARB Executive Order for all applicable requirements of Title 13 CCR, incorporated herein by reference.

 (b)  Starting with the model year 2008, compliance with the NMOG fleetwide average in Title 13 CCR, Division 3, Chapter 1, §  1961 shall be demonstrated for each motor vehicle manufacturer based on the number of new light-duty vehicles delivered for sale in this Commonwealth.

 (c)  Credits and debits for calculating the NMOG fleet average shall be based on the number of light-duty vehicles delivered for sale in this Commonwealth and may be accrued and utilized by each manufacturer according to procedures in Title 13 CCR, Division 3, Chapter 1.

 (d)  NMOG fleet average credits generated during the 2008, 2009 and 2010 model years may be applied toward any of the model years 2008 through 2010 for the purpose of demonstrating compliance with subsections (b) and (c). The credits generated during this period may be applied at full value for any of the model years 2008 through 2010.

 (e)  New motor vehicles subject to this subchapter must possess a valid emissions control label which meets the requirements of Title 13 CCR, Division 3, Chapter 1.

 (a)  The following new motor vehicles are exempt from the Pennsylvania Clean Vehicles Program requirements of this subchapter:

   (1)  Emergency vehicles.

   (2)  A light-duty vehicle transferred by a dealer to another dealer for ultimate sale outside of this Commonwealth.

   (3)  A light-duty vehicle transferred for use exclusively off-highway.

   (4)  A light-duty vehicle transferred for registration out-of-State.

   (5)  A light-duty vehicle granted a National security or testing exemption under section 203(b)(1) of the Clean Air Act (42 U.S.C.A. §  7522(b)(1)).

   (6)  A light-duty vehicle held for daily lease or rental to the general public which is registered and principally operated outside of this Commonwealth. For purposes of this paragraph, a light-duty vehicle is deemed to be principally operated outside of this Commonwealth if it is registered outside of this Commonwealth in accordance with the Inter-Jurisdictional Agreement on Apportioning Vehicle Registration Fees developed under the Intermodal Surface Transportation and Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat. 1914), and known as the International Registration Plan, or a successor plan for apportioning vehicle registration fees internationally.

   (7)  A light-duty vehicle engaged in interstate commerce which is registered and principally operated outside of this Commonwealth.

   (8)  A light-duty vehicle acquired by a resident of this Commonwealth for the purpose of replacing a vehicle registered to the resident which was damaged, or became inoperative, beyond reasonable repair or was stolen while out of this Commonwealth if the replacement vehicle is acquired out of this Commonwealth at the time the previously owned vehicle was either damaged or became inoperative or was stolen.

   (9)  A light-duty vehicle transferred by inheritance or court decree.

   (10)  A light-duty vehicle defined as a military tactical vehicle or engines used in military tactical vehicles including a vehicle or engine excluded from regulation under 40 CFR 85.1703 (relating to application of section 216(2)).

   (11)  A light-duty vehicle titled or registered in this Commonwealth before December 9, 2006.

   (12)  A light-duty vehicle having a certificate of conformity issued under the Clean Air Act and originally registered in another state by a resident of that state who subsequently establishes residence in this Commonwealth and upon registration of the vehicle provides satisfactory evidence to the Department of Transportation of the previous residence and registration.

   (13)  A vehicle transferred for the purpose of salvage.

 (b)  To title or register an exempted vehicle, the person seeking title or registration shall provide satisfactory evidence, as determined by the Department of Transportation, demonstrating that the exemption is applicable.

   The provisions of this §  126.413 amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7424. Immediately preceding text appears at serial pages (250846) to (250847).

APPLICABLE NEW MOTOR VEHICLE TESTING

§ 126.421. New motor vehicle certification testing.

 (a)  Prior to being offered for sale or lease in this Commonwealth, new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements must be certified as meeting the motor vehicle requirements of Title 13 CCR, Division 3, Chapter 1, §  1961, as determined by testing in accordance with Title 13 CCR, Division 3, Chapter 2.

 (b)  For purposes of complying with subsection (a), new vehicle certification testing determinations and findings made by CARB are applicable and shall be provided by motor vehicle manufacturers to the Department upon a written request.

 (a)  Prior to being offered for sale or lease in this Commonwealth, new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements of this subchapter must be certified as meeting the motor vehicle requirements of Title 13 CCR, Division 3, Chapter 1, §  1961, as determined by New Vehicle Compliance Testing, conducted in accordance with Title 13 CCR, Division 3, Chapter 2.

 (b)  For purposes of complying with subsection (a), new vehicle compliance testing determinations and findings made by CARB are applicable and shall be provided by motor vehicle manufacturers to the Department upon a written request.

 (a)  Each manufacturer of new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements of this subchapter, certified by CARB and sold or leased in this Commonwealth, shall conduct inspection testing and quality audit testing in accordance with Title 13 CCR, Division 3, Chapter 2.

 (b)  For purposes of complying with subsection (a), inspection testing and quality audit testing determinations and findings made by CARB are applicable and shall be provided by motor vehicle manufacturers to the Department upon a written request.

 (c)  If a motor vehicle manufacturing facility which manufactures vehicles for sale in this Commonwealth certified by CARB is not subject to the inspection testing and quality audit testing requirements of CARB, the Department may, after consultation with CARB, require testing in accordance with Title 13 CCR, Division 3, Chapter 2. Upon a manufacturer’s written request and demonstration of need, functional testing under the procedures incorporated in Title 13 CCR, Division 3, Chapter 2, of a statistically significant sample, may substitute for the 100% testing rate required in Title 13 CCR, Division 3, Chapter 2, with the written consent of the Department.

 (a)  For purposes of detection and repair of motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements which fail to meet the motor vehicle emission requirements of Title 13 CCR, Division 3, Chapter 1, the Department may, after consultation with CARB, conduct in-use vehicle enforcement testing in accordance with the protocol and testing procedures in Title 13 CCR, Division 3, Chapter 2.

 (b)  For purposes of compliance with subsection (a), in-use vehicle enforcement testing determinations and findings made by CARB are applicable and shall be provided by motor vehicle manufacturers to the Department upon a written request.

 (c)  The results of testing conducted under this section will not affect the result of any emission test conducted under 67 Pa. Code Chapter 177 (relating to emission inspection program).

 (a)  For purposes of testing and monitoring the overall effectiveness of the Pennsylvania Clean Vehicles Program in controlling emissions, the Department may conduct in-use surveillance testing after consultation with CARB.

 (b)  For purposes of program planning and analysis, in-use surveillance testing determinations and findings made by CARB are applicable and shall be provided by motor vehicle manufacturers to the Department upon a written request.

 (c)  The results of in-use surveillance testing conducted under this section will not affect the result of any emission test conducted under 67 Pa. Code Chapter 177 (relating to emission inspection program).

   The provisions of this §  126.425 amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7424. Immediately preceding text appears at serial page (288285).

MOTOR VEHICLE MANUFACTURERS’ OBLIGATIONS

§ 126.431. Warranty and recall.

 (a)  A manufacturer of new motor vehicles subject to the Pennsylvania Clean Vehicles Program requirements of this subchapter which are sold, leased, offered for sale or lease, titled or registered in this Commonwealth, shall warrant to the owner that each vehicle will comply over its period of warranty coverage with the requirements of Title 13 CCR, Division 3, Chapter 1, § §  2035—2038, 2040 and 2041.

 (b)  Each motor vehicle manufacturer shall, upon a written request, submit to the Department failure of emission-related components reports, as defined in Title 13 CCR, Division 3, Chapter 2, for motor vehicles subject to the Pennsylvania Clean Vehicles Program in compliance with the procedures in Title 13 CCR, Division 3, Chapter 2. For purposes of compliance with this subsection, a manufacturer may submit copies of the reports submitted to CARB.

 (c)  For motor vehicles subject to the Pennsylvania Clean Vehicles Program, any voluntary or influenced emission-related recall campaign initiated by any motor vehicle manufacturer under Title 13 CCR, Division 3, Chapter 2, shall extend to all motor vehicles sold, leased, offered for sale or lease, titled or registered in this Commonwealth that would be subject to the recall campaign if sold, leased, offered for sale or lease or registered as a new motor vehicle in California, unless within 30 days of CARB approval of the recall campaign, the manufacturer demonstrates, in writing, to the Department’s satisfaction that the recall campaign is not applicable to vehicles sold, leased, offered for sale or lease, titled or registered in this Commonwealth.

 (d)  For motor vehicles subject to the Pennsylvania Clean Vehicles Program, any order issued by or enforcement action taken by CARB to correct noncompliance with any provision of Title 13 CCR, which results in the recall of any vehicle pursuant to Title 13 CCR, Division 3, Chapter 2, shall be deemed to apply to all motor vehicles sold, leased, offered for sale or lease, titled or registered in this Commonwealth that would be subject to the order or enforcement action if sold, leased, offered for sale or lease or registered as a new motor vehicle in California, unless within 30 days of issuance of the CARB action, the manufacturer demonstrates, in writing, to the Department’s satisfaction that the action is not applicable to vehicles sold, leased, offered for sale or lease, titled or registered in this Commonwealth.

 (a)  For the purposes of determining compliance with the Pennsylvania Clean Vehicles Program, commencing with the 2008 model year, each manufacturer shall submit annually to the Department, within 60 days of the end of each model year, a report documenting the total deliveries for sale of vehicles in each test group over that model year in this Commonwealth.

 (b)  For purposes of determining compliance with the Pennsylvania Clean Vehicles Program, each motor vehicle manufacturer shall submit annually to the Department by March 1 of the calendar year following the close of the completed model year, a report of the fleet average NMOG emissions of its total deliveries for sale of LDVs in each test group for Pennsylvania for that particular model year. The fleet average report, calculating compliance with the fleetwide NMOG exhaust emission average, shall be prepared according to the procedures in Title 13 CCR, Division 3, Chapter 1.

 (c)  Fleet average reports must, at a minimum, identify the total number of vehicles, including offset vehicles, sold in each test group delivered for sale in this Commonwealth, the specific vehicle models comprising the sales in each state and the corresponding certification standards, and the percentage of each model sold in this Commonwealth in relation to total fleet sales.

 (d)  Compliance with the NMOG fleet average for the 2008, 2009 and 2010 model years must be demonstrated following the completion of the 2010 model year.

   The provisions of this §  126.432 amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7424. Immediately preceding text appears at serial pages (288285) to (288286).

MOTOR VEHICLE DEALER RESPONSIBILITIES

§ 126.441. Responsibilities of motor vehicle dealers.

 A dealer may not sell, offer for sale or lease, or deliver a new motor vehicle subject to this subchapter unless the vehicle has received the certification described in § §  126.421 and 126.422 (relating to new motor vehicle certification testing; and new motor vehicle compliance testing), and conforms to the following standards and requirements contained in Title 13 CCR, Division 3, Chapter 2, §  2151:

   (1)  Ignition timing is set to manufacturer’s specification with an allowable tolerance of ±3°.

   (2)  Idle speed is set to manufacturer’s specification with an allowable tolerance of ±100 revolutions per minute.

   (3)  Required exhaust and evaporative emission controls including exhaust gas recirculation (EGR) valves, are operating properly.

   (4)  Vacuum hoses and electrical wiring for emission controls are correctly routed.

   (5)  Idle mixture is set to manufacturer’s specification or according to manufacturer’s recommended service procedure.

   The provisions of this §  126.441 amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7424. Immediately preceding text appears at serial page (288286).

DEPARTMENT RESPONSIBILITIES

§ 126.451. Responsibilities of the Department.

 The Department will do the following:

   (1)  Monitor and advise the EQB of any proposed or final-form rulemakings under consideration by CARB or its successor that amend the Title 13 CCR, Division 3, Chapter 1 and 2 requirements incorporated by reference in this subchapter.

   (2)  The Department will:

     (i)   Prepare a Regulatory Analysis Form to be submitted to the EQB and the Chairpersons of the House and Senate Environmental Resources and 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 complete the relevant provisions of the Regulatory Analysis Form as practical, including a cost/benefit analysis of the proposed or final CARB rulemaking.

     (ii)   Evaluate the estimated incremental cost to manufacture vehicles that comply with the California Low Emission Vehicle Program compared to the cost to manufacture vehicles that comply with the Federal Tier II vehicle emissions regulation, or its successor, promulgated under section 177 of the Clean Air Act (42 U.S.C.A. §  7507) to the extent data is available. This evaluation will be conducted on any proposed or 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 be distributed to the EQB and the Chairpersons of the House and Senate Environmental Resources and Energy Committees.

     (iii)   Submit comments on proposed or final-form rulemakings amending the Title 13 CCR, Division 3, Chapter 1 and 2 requirements incorporated by reference in this subchapter to CARB on behalf of the residents of this 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 NO_x, VOCs and other pollutants to be achieved through implementation of the 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 NO_x, VOCs, carbon monoxide and any other reductions approved 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 of the incremental benefit reductions derived using EPA-approved methodology versus reductions which would have been achieved under the Federal Tier II vehicle emission standards.

   The provisions of this §  126.451 adopted December 8, 2006, effective December 9, 2006, 36 Pa.B. 7424; corrected January 12, 2007, effective December 9, 2006, 37 Pa.B. 209. Immediately preceding text appears at serial pages (324521) to (324522).

Subchapter E. PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM

GENERAL PROVISIONS

Sec.

§ 126.501. Purpose.

 (a)  This subchapter establishes a heavy-duty diesel emissions control program under section 177 of the Clean Air Act (42 U.S.C.A. §  7507) designed primarily to achieve emission reductions of the precursors of ozone, particulate matter, air toxics and other air pollutants from new heavy-duty diesel engines and vehicles.

 (b)  This subchapter adopts and incorporates by reference certain provisions of the California Exhaust Emission Standards and Test Procedures for Heavy-Duty Diesel Engines and Vehicles.

 (a)  The Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements apply to new heavy-duty diesel engines and vehicles with a GVWR of greater than 14,000 pounds that are sold, leased, offered for sale or lease, imported, delivered, purchased, rented, acquired or received in this Commonwealth starting with the model year beginning after May 11, 2004, and each model year thereafter.

 (b)  The California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Heavy-Duty Engines and Vehicles, Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8 are adopted and incorporated by reference to the extent that they pertain to the requirements for heavy-duty diesel engines and vehicles with a GVWR of greater than 14,000 pounds.

 (a)  Starting with the model year beginning after May 11, 2004, a person may not sell, import, deliver, purchase, lease, rent, acquire or receive a new heavy-duty diesel engine or vehicle, subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements, in this Commonwealth that has not received a CARB Executive Order for all applicable requirements of Title 13 CCR, adopted and incorporated by reference.

 (b)  Starting with the model year beginning after May 11, 2004, a manufacturer may elect to include its heavy-duty diesel engines or vehicles delivered for sale in this Commonwealth in the emissions averaging, banking and trading programs for heavy-duty diesel engines or vehicles as provided under Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8, adopted and incorporated by reference.

 (c)  Starting with the model year beginning after May 11, 2004, a manufacturer may elect to certify any of its heavy-duty diesel engines or vehicles delivered for sale in this Commonwealth to the optional emission standards as provided under Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8, adopted and incorporated by reference.

 The following new heavy duty diesel engines and vehicles are exempt from the Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this subchapter:

   (1)  Emergency vehicles.

   (2)  A heavy-duty diesel vehicle transferred by a dealer to another dealer.

   (3)  A heavy-duty diesel vehicle transferred for use exclusively off-highway.

   (4)  A heavy-duty diesel vehicle granted a National security or testing exemption under section 203(b)(1) of the Clean Air Act (42 U.S.C.A. §  7522(b)(1)).

   (5)  A heavy-duty diesel vehicle defined as a military tactical vehicle or engine under Title 13 CCR, Division 3, Chapter 1, Article 1, §  1905, adopted and incorporated by reference.

   (6)  A heavy-duty diesel vehicle sold after May 11, 2004, if the vehicle was registered in this Commonwealth before May 11, 2004.

   (7)  A heavy-duty diesel engine or vehicle for the model years 2005 and 2006 manufactured by an ultra-small volume manufacturer as defined under Title 13 CCR, Division 3, Chapter 1, Article 2, §  1976(f)(2), adopted and incorporated by reference.

   (8)  For model years 2005 and 2006, an urban bus as defined under Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.2(b)(4), adopted and incorporated by reference.

   (9)  A heavy-duty diesel engine or vehicle that, following a technology review, CARB determines is inappropriate to require compliance with the emission standards and other requirements under Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8 for a particular model year.

APPLICABLE HEAVY-DUTY ENGINE AND VEHICLE TESTING

§ 126.511. New engine and vehicle certification testing.

 (a)  Prior to being offered for sale or lease in this Commonwealth, new heavy-duty diesel engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this subchapter shall be certified as meeting the heavy-duty diesel engine and vehicle requirements of Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8 as determined by Title 13 CCR, Division 3, Chapter 2, Article 2, § §  2101—2110, adopted and incorporated by reference.

 (a)  Prior to being offered for sale or lease in this Commonwealth, new heavy-duty diesel engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this subchapter shall be certified as meeting the heavy-duty diesel engine and vehicle requirements of Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8 as determined by Title 13 CCR, Division 3, Chapter 2, Article 2, § §  2101—2110, adopted and incorporated by reference.

 (a)  Each manufacturer of new heavy-duty diesel engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emission Control Program requirements of this subchapter, certified by CARB and sold or leased in this Commonwealth, shall conduct assembly line testing in accordance with Title 13 CCR, Division 3, Chapter 2, Article 1, adopted and incorporated by reference.

 (a)  For the purposes of detection and repair of engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements which fail to meet the emission requirements of Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8, the Department may, after consultation with CARB, conduct in-use vehicle enforcement testing in accordance with the protocol and testing procedures in Title 13 CCR, Division 3, Chapter 2, Article 2.3, § §  2136—2140, adopted and incorporated by reference.

 (a)  For the purposes of testing and monitoring, the overall effectiveness of the Pennsylvania Heavy-Duty Diesel Emissions Control Program in controlling emissions, the Department may conduct in-use surveillance testing after consultation with CARB, in accordance with Title 13 CCR, Division 3, Chapter 2, Article 3, § §  2150—2153, adopted and incorporated by reference.

 (b)  For purposes of program planning, in-use surveillance testing determinations and findings made by CARB apply.

ENGINE AND VEHICLE MANUFACTURERS’ OBLIGATIONS

§ 126.521. Warranty and recall.

 (a)  A manufacturer of new heavy-duty diesel engines or vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this subchapter which are sold, leased, or offered for sale or lease in this Commonwealth shall warrant to the owner that each engine or vehicle shall comply over its period of warranty coverage with the requirements of Title 13 CCR, Division 3, Chapter 1, Article 6, § §  2036, 2039—2041 and 2046, adopted and incorporated by reference.

 (b)  Each manufacturer of new heavy-duty diesel engines or vehicles shall submit to the Department failure of emission-related components reports, as defined in Title 13 CCR, Division 3, Chapter 2, Article 2.4, §  2144, adopted and incorporated by reference, for engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program in compliance with the procedures in Title 13 CCR, Division 3, Chapter 2, Article 2.4, § §  2141—2149, adopted and incorporated by reference.

 (c)  For heavy-duty diesel engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions Control Program, a voluntary or influenced emission-related recall campaign initiated by any heavy-duty diesel engine or vehicle manufacturer under Title 13 CCR, Division 3, Chapter 2, Article 2.1, § §  2111—2121, adopted and incorporated by reference, shall extend to all new heavy-duty diesel engines or vehicles sold, leased or offered for sale or lease in this Commonwealth.

 (a)  For the purposes of determining compliance with the Pennsylvania Heavy-Duty Diesel Emissions Control Program, commencing with the model year beginning after May 11, 2004, each manufacturer shall submit annually to the Department, within 60 days of the end of each model year, a report documenting the total deliveries for sale of engines and vehicles for each engine family over that model year in this Commonwealth.

 (b)  For the purposes of determining compliance with the Pennsylvania Heavy-Duty Diesel Emissions Control Program, each heavy-duty diesel engine and vehicle manufacturer shall submit annually to the Department, by March 1 of the calendar year following the close of the completed calendar year, a report of its heavy-duty diesel engines and vehicles delivered for sale in this Commonwealth that were included in the emissions averaging, banking and trading programs for heavy-duty diesel engines and vehicles within the provisions of Title 13 CCR, Division 3, Chapter 1, Article 2, §  1956.8.

MOTOR VEHICLE DEALER RESPONSIBILITIES

§ 126.531. Responsibilities of heavy-duty diesel highway vehicle dealers.

 (a)  A dealer may not sell, offer for sale or lease, or deliver a new heavy-duty diesel engine or vehicle subject to this subchapter without a valid emissions control label which meets the requirements of Title 13 CCR, Division 3, Chapter 1, Article 2, §  1965, adopted and incorporated by reference.

 (b)  A dealer may not sell, offer for sale or lease, or deliver a new heavy-duty diesel engine or vehicle subject to this subchapter unless the engine or vehicle conforms to the standards and requirements under Title 13 CCR, Division 3, Chapter 2, Article 3, §  2151, adopted and incorporated by reference.

 (c)  A dealer who imports, sells, delivers, leases or rents an engine or vehicle subject to this subchapter shall retain records concerning the transaction for at least 3 years following the transaction.

APPENDIX A
Target Areas for the Philadelphia Severe Ozone
Nonattainment Area

 The Philadelphia Severe Ozone Nonattainment Area comprises four target areas. Target Area 1 is the Central Business District of the City of Philadelphia. Target Area 2, also wholly within the City of Philadelphia, is comprised of the urban ring surrounding Target Area 1. Target Area 3 includes outlying portions of the City of Philadelphia and densely populated surburban areas of Bucks, Chester, Delaware and Montgomery Counties. Target Area 4 includes the outlying portion of the ozone nonattainment area in Bucks, Chester and Montgomery Counties.

 Target area boundaries for the City of Philadelphia were derived from the boundaries of the 1990 census tracts; Target area boundaries for Bucks, Chester, Delaware and Montgomery Counties follow political subdivision boundaries.

 The following description of boundaries for the Philadelphia Severe Ozone Nonattainment Area is defined in §  121.1 and referenced in §  126.202.

 Maps are provided to assist persons affected by this regulation in identifying the following target area boundaries:
A. Target Area One (1)—Philadelphia (Center City)
Philadelphia County
 (See Maps 2 and 3).

 Target Area 1 is bound by a line which starts at the intersection of South and Front Streets, and moves counterclockwise as follows:

   * North on Front Street to Vine Street;

   * West (left turn) on Vine Street to Broad Street;

   * North (right turn) on Broad Street to Spring Garden Street;

   * West (left turn) on Spring Garden Street to 36th Street;

   * South (left) on 36th Street to Market Street;

   * West (right turn) on Market Street to 37th Street;

   * South (left turn) on 37th Street to Campus Walk (Univ. of Pa.);

   * South (straight) on Campus Walk to Spruce Street;

   * West (right turn) on Spruce Street to 38th Street;

   * South (left turn) on 38th Street to Woodland Avenue;

   * Southwest (right turn) on Woodland Avenue to 42nd Street;

   * Southeast (left turn) on 42nd Street to the end and extending 42nd Street to the Amtrak Rail Line;

   * South (right turn) on the Amtrak Rail Line to Grays Ferry Avenue;

   * East (left turn) on Grays Ferry Avenue to the middle of the Schuylkill River;

   * Upstream on the Schuylkill River to South Street;

   * East (right turn) on South Street to intersection with Front Street.
B. Target Area Two (2)—Portions of Philadelphia County (Center City Excluded) (See Map 2).

 Target Area 2 is composed of the area of Philadelphia County which is between the outer boundary of Target Area 1 and a boundary line beginning at a point described by extending Van Kirk Street southeast to midstream of the Delaware River. Target Area 2 is bound by moving counterclockwise:

   * Northwest from point established in the middle of the Delaware River along Van Kirk Street to Tacony Street;

   * Southwest (left turn) on Tacony Street to Van Kirk Street;

   * Northwest (right turn) on Van Kirk Street to the Amtrak/SEPTA Line;

   * Southwest (left turn) on Amtrak/SEPTA Line to Cheltenham Avenue;

   * Northwest (right turn) on Cheltenham Avenue to Roosevelt Boulevard;

   * Southwest (left turn) on Roosevelt Boulevard to Adams Avenue;

   * Northwest (right turn) on Adams Avenue to Whitaker Avenue;

   * Northeast (right turn) on Whitaker Avenue to Godfrey Avenue;

   * Northwest (left turn) on Godfrey Avenue to Godfrey Avenue extension (created by extending Avenue beyond its end point);

   * Straight on the Godfrey Street extension (created by extending Godfrey Avenue beyond its end point) to Godfrey Avenue;

   * Straight on Godfrey Avenue to Broad Street;

   * North (right turn) on Broad Street to Chelten Avenue;

   * West (left turn) on Chelten Avenue to Stenton Avenue;

   * Northwest (right turn) on Stenton Avenue to Haines Street;

   * Southwest (left turn) on Haines Street to Chew Avenue;

   * Northwest (right turn) on Chew Avenue to SEPTA (Chestnut Hill) Line;

   * South (left turn) on SEPTA Line to High Street;

   * Southwest (right turn) on High Street to Germantown Avenue;

   * Southeast (left turn) on Germantown Avenue to Rittenhouse Street;

   * Southwest (right turn) on Rittenhouse Street to Fairmount Park boundary;

   * Follow Fairmount Park boundary southwest to Ridge Avenue;

   * Northwest (right turn) on Ridge Avenue to Wissahickon Creek;

   * South, downstream along Wissahickon Creek to the Schuylkill River;

   * Southeast, downstream on the Schuylkill River to City Avenue;

   * Southwest (right turn) on City Avenue to Overbrook Avenue;

   * Southeast (left turn) on Overbrook Avenue to Upland Way;

   * East (right turn) on Upland Way to 59th Street;

   * South (right turn) on 59th Street to Girard Avenue;

   * West (right turn) on Girard Avenue to 60th Street;

   * South (left turn) on 60th Street to Callowhill Street;

   * West (right turn) on Callowhill Street to Gross Street;

   * South (left turn) on Gross Street to Race Street;

   * West (right turn) on Race Street to Daggett Street extension (created by extending Daggett Street beyond its end point);

   * South on the Daggett Street extension (created by extending Daggett beyond its end point) to Philadelphia County Line (Cobbs Creek);

   * South on Philadelphia County Line to Woodland Avenue;

   * Northeast on Woodland Avenue to Island Avenue;

   * Southeast on Island Avenue to the Amtrak Rail Line;

   * Northeast (left turn) on Amtrak Rail Line to 70th Street;

   * Southeast (right turn) on 70th Street to Airport Rail Line;

   * Northeast (left turn) on Airport Rail Line to 58th Street;

   * Southeast (right turn) on 58th Street to the middle of the Schuylkill River;

   * Northeast, upstream, on the Schuylkill River to Moore Street extension (created by extending Moore Street to the Middle of the Schuylkill River);

   * Straight on Moore Street extension (created by extending Moore Street beyond its end point) to Moore Street;

   * East (right turn) on Moore Street to the Schuylkill Expressway;

   * Southeast (right turn) on the Schuylkill Expressway to Oregon Avenue;

   * East on Oregon Avenue to 20th Street;

   * South (right turn) on 20th Street to Penrose Avenue;

   * Southwest (right turn) on Penrose Avenue to Pattison Avenue;

   * East (left turn) on Pattison Avenue to 10th Street;

   * North (left turn) on 10th Street to I-76;

   * East on I-76 to the middle of the Delaware River, north, upstream on the Delaware River to the beginning point (Van Kirk extension).

 C. Target Area Three (3)—Remaining Portions of Philadelphia (See Maps 1 and 2), Portions of Bucks and Chester Counties, the entire County of Delaware and portions of Montgomery County (See Map 1).

 1. Philadelphia County—Portions of Philadelphia County located in Target Area 3 are comprised of the area between the outer boundaries of Target Area 2 and the Philadelphia County Line. Target Area 3 for the remaining portions of Philadelphia County is bound by a line which:

   a. Follows the outer boundary of the Van Kirk Street Extension and the Delaware River counterclockwise along the Philadelphia County Line to City Avenue;

   b. At the intersection of City Line Avenue and Overbrook Avenue follow the Philadelphia County Line counterclockwise to the Daggett Street extension;

   c. At the intersection of Philadelphia County Line and Woodland Avenue, follow the Philadelphia County Line counterclockwise to I-76 and the Delaware River.

 2. Bucks County—Target Area 3 for the County of Bucks is identified by the following boroughs (Boro) and townships (Twp.):

 Bensalem Twp., Bristol Boro, Bristol Twp., Falls Twp., Lower Southampton Twp., Morrisville Boro and Tullytown Boro.

 3. Chester County—Target Area 3 for the County of Chester is comprised of Easttown and Tredyffrin Townships.

 4. Delaware County—Target Area 3 for the County of Delaware is comprised of every borough, city or township thereof.

 5. Montgomery County—Target Area 3 for the County of Montgomery is comprised of the following boroughs (Boro) and townships (Twp.):

 Abington Twp., Ambler Boro, Bridgeport Boro, Bryn Athyn Boro, Cheltenham Twp., Conshohocken Boro, East Norriton Twp., Hatboro Borough, Hatfield Boro, Hatfield Twp., Horsham Twp., Jenkintown Boro, Lansdale Boro, Lower Gwynedd Twp., Lower Merion Twp., Lower Moreland Twp., Lower Providence Twp., Montgomery Twp., Narberth Boro, Norristown Boro, North Wales Boro, Plymouth Twp., Rockledge Boro, Springfield Twp., Towamencin Twp., Upper Dublin Twp., Upper Gwynedd Twp., Upper Merion Twp., Upper Moreland Twp., West Conshohocken Boro, West Norriton Twp., Whitemarsh Twp., and Whitpain Twp.

 D. Target Area Four (4)—Portions of Bucks, Chester and Montgomery Counties (See Map 1).

 1. Bucks County—Target Area 4 for the County of Bucks is comprised of the following boroughs and townships:

 Bedminster Twp., Bridgeton Twp., Buckingham Twp., Chalfont Boro, Doylestown Boro, Doylestown Twp., Dublin Boro, Durham Twp., East Rockhill Twp., Haycock Twp., Hilltown Twp., Hulmeville Boro, Ivyland Boro, Langhorne Boro, Langhorne Manor Boro, Lower Makefield Twp., Middletown Twp., Milford Twp., New Britain Boro, New Britain Twp., New Hope Boro, Newtown Boro, Newtown Twp., Nockamixon Twp., Northampton Twp., Penndel Boro, Perkasie Boro, Plumstead Twp., Quakertown Boro, Richland Twp., Richlandtown Boro, Riegelville Boro, Sellersville Boro, Silverdale Boro, Solebury Twp., Springfield Twp., Telford Boro, Tinicum Twp., Trumbauersvile Boro, Upper Makefield Twp., Upper Southhampton Twp., Warminster Twp., Warrington Twp., Warick Twp., West Rockhill Twp., Wrightstown Twp. and Yardley Boro.

 2. Chester County—Target Area 4 is comprised of the following political subdivisions:

   Atglen Boro, Avondale Boro, Birmingham Twp., Caln Twp., Charlestown Twp., Coatesville City, Downingtown Boro, East Bradford Twp., East Brandywine Twp., East Caln Twp., East Coventry Twp., East Fallowfield Twp., East Goshen Twp., East Marlborough Twp., East Nantmeal Twp., East Nottingham Twp., East Pikeland Twp., East Vincent Twp., East Whiteland Twp., Elk Twp., Elverson Boro, Franklin Twp., Highland Twp., Honeybrook Boro, Honeybrook Twp., Kennett Square Boro, Kennett Twp., London Britain Twp., Londonderry Twp., London Grove Twp., Lower Oxford Twp., Malvern Boro, Modena Boro, New Garden Twp., Newlin Twp., New London Twp., North Coventry Twp., Oxford Boro, Parkesburg Boro, Pennsbury Twp., Penn Twp., Phoenixville Twp., Pocopson Twp., Sadsbury Twp., Schuylkill Twp., South Coatesville Boro, South Coventry Twp., Spring City Boro, Thornbury Twp., Upper Oxford Twp., Upper Uwchlan Twp., Uwchlan Twp., Valley Twp., Warwick Twp., Wallace Twp., West Bradford Twp., West Brandywine Twp., West Caln Twp., West Chester Boro, West Fallowfield Twp., West Goshen Twp., West Grove Boro, West Marlborough Twp., West Nantmeal Twp., West Nottingham Twp., West Pikeland Twp., West Sadsbury Twp., Westtown Twp., West Vincent Twp., West Whiteland Twp. and Willistown Twp.

 3. Montgomery County—Target Area 4 is comprised of the following boroughs and townships:

   Collegeville Boro, Douglas Twp., East Greenville Boro, Franconia Twp., Green Lane Boro, Limerick Twp., Lower Frederick Twp., Lower Pottsgrove Twp., Lower Salford Twp., Marlborough Twp., New Hanover Twp., Pennsburg Boro, Perkiomen Twp., Pottstown Boro, Red Hill Boro, Royersford Boro, Salford Twp., Schwenksville Boro, Skippack Twp., Souderton Boro, Telford Boro, Trappe Boro, Upper Frederick Twp., Upper Hanover Twp., Upper Pottsgrove Twp., Upper Providence Twp., Upper Salford Twp., West Pottsgrove Twp. and Worcester Twp.

   The provisions of this Appendix A issued under the Air Pollution Control Act (35 P. S. § §  4001—4015).

   The provisions of this Appendix A adopted January 28, 1994, effective January 29, 1994, 24 Pa.B. 693.