§ 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.