Agencies Settle Lawsuits Over Auto Emissions Inspections
PENNDOT, DEP Craft Plan to Comply With Federal Clean Air Quality Standards That Avoids Major Burdens on Pennsylvania Drivers
HARRISBURG, Pa., May 7 -- Pennsylvania Transportation Secretary Allen D. Biehler, P.E., and Environmental Protection Acting Secretary Kathleen A. McGinty today announced an agreement to settle several pending lawsuits over Pennsylvania's program for automobile emissions testing. The changes called for in this agreement will bring the state's emissions testing program into compliance with federal air quality standards while having a minimal effect on most of the state's drivers.
"It is clear that we had to do something with our emissions testing program to cut pollution," said Secretary Biehler. "This agreement will help us come into compliance and remove the threat of serious sanctions from the federal government. Better still, it will give us cleaner, healthier air without unduly burdening Pennsylvania's drivers. For the great majority of Pennsylvanians, the new inspection program will not be noticeably different from the old one."
"A great deal has already been accomplished through industry, commercial and mobile sources to improve Pennsylvania's air quality since the first Emissions Inspection and Maintenance (I/M) program was implemented here in 1984 and enhanced in 1997, but we need to do more," said Acting Secretary McGinty. "By upgrading our emissions and safety inspection programs in 2003 and 2004, we are doing the right thing to make our air cleaner."
"I am pleased that an agreement could be worked out between the Departments of Environmental Protection and Transportation with the Courts in order for the emissions inspection program to proceed forward without undue hardship on the citizens and businesses of the Commonwealth," said State Sen. J. Barry Stout (D-Allegheny, Beaver, Greene, Washington, and Westmoreland Counties), Minority Chair of the Senate Transportation Committee.
"I commend PENNDOT and DEP for their diligent efforts in reaching a fair compromise that will enable Pennsylvania to move forward and bring closure to this issue," said State Rep. Richard Geist (R - Blair), Majority Chair of the House Transportation Committee.
State Sen. Gerald LaValle (D - Beaver), a long-time critic of emissions testing, said, "While the Federal Government has failed to address out of state pollution sources that significantly impact Pennsylvania's air quality, the expansion to other areas of the Commonwealth that have been required to undergo testing is a step in bringing fairness to the program at least in Pennsylvania." The Senator referred to the latest study conducted by researchers at Carnegie Mellon University which found that 80% of the pollution affecting southwestern Pennsylvania is produced in states to the south and west.
"Cleaner air for every man, woman and child is within reach today," said State Rep. Keith McCall (D-Carbon County), Minority Chair of the House Transportation Committee. "Pennsylvania took a giant step forward in protecting the environment through their collaborative effort, which provides the legislative means to help fight ozone pollution. The final plan is a common sense approach to cleaner air and a healthier environment for Pennsylvanian's. It was the end result of a bi-partisan effort that answers the concerns of the stakeholders without unduly burdening motorists and, more importantly, guarantees every citizen the constitutionally mandated right to clean air."
"This new team came in and delivered a common-sense solution on what has been a difficult issue for Pennsylvania over the years. It's a win-win situation that ensures environmental benefits without unduly burdening motorists," said State Sen. Raphael Musto (D - Luzerne), Minority Chair of the Environmental Resources and Energy Committee.
"The Commonwealth has been struggling with the issue of expanding auto emissions testing for many years and has finally been able to develop a plan that provides the most reasonable plan as could be achieved in the face of Federal mandates and possible court ordered solutions," said State Sen. Roger Madigan (R - Bradford), Majority Chair of the Senate Transportation Committee. "I commend our Departments of Transportation and Environmental Protection for advocating a program with the most environmental benefit at the lowest cost to our motorists."
"The benefit of new testing technology means we can implement this program with little inconvenience to motorists and still ensure air quality improvements. This has been a long-standing issue, but I think we were able to craft a solution that's good for Pennsylvania, good for the environment and good for motorists," said State Rep. Arthur Hershey (R - Chester), who until recently had been the majority chair of the House Environmental Resources and Energy Committee.
"The settlement agreement represents a better alternative than the possibility of a court-ordered emissions program," said State Sen. Christine Tartaglione (D - Philadelphia). "I am pleased that the departments were able to reach a reasonable accord with the environmental groups that initiated the original court case. With the introduction of OBD testing, we have begun the transition from the burdensome, expensive and outdated tests that have been used for a number of years in southeast and southwestern Pennsylvania. Hopefully this settlement will represent the first step in establishing a new generation of emissions testing."
"In 1997, while testifying at a Congressional hearing in Washington D.C., I said Pennsylvania needs a common sense approach to our air quality problems," said State Sen. Allen Kukovich (D-Westmoreland). "Today, after many years of non-action, Environmental Protection Secretary-Designate McGinty and Transportation Secretary Biehler have come up with a common sense approach to the automobile emissions testing program. The new testing program will provide convenience for the driving public and maximize our efforts to improve air quality."
"I am pleased that DEP and PENNDOT have been able to settle this lawsuit in a manner that best serves the interests of Pennsylvanians. This settlement strikes a balance of improving our air quality without unduly burdening motorists," said State Sen. Mary Jo White (R - Venango), Majority Chair of the Senate Environmental Resources & Energy Committee.
In 2002, Citizens For Pennsylvania's Future (PennFuture) and the Clean Air Council initiated two court actions over the Commonwealth's slow progress in implementing auto emissions inspection procedures mandated by the U.S. Environmental Protection Agency (EPA).
The programs in the agreement announced today will rely heavily on the "on-board diagnostic" (OBD) systems present in cars manufactured since 1996. This technology allows a technician to attach a cable to a car's on-board computer and download information that helps the technician diagnose common engine problems that lead to increased pollution.
Under this agreement, different regions of the state will see different effects.
In the South Central and Lehigh Valley Region (Berks, Cumberland, Dauphin, Lancaster, Lebanon, Lehigh, Northampton and York) most 1996 and newer vehicles will undergo a new, annual OBD inspection and maintenance (I/M) check (which also detects tampering) and a gas cap leakage test. In addition, most 1975 through 1995 vehicles will receive a gas cap test and a visual anti-tampering check. The visual anti-tampering check assures that key parts of the car's emissions control system, such as the catalytic converter, have not been removed.
In the Northern Region (Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer) most 1975 and newer vehicles will undergo only an annual gas cap test and a visual anti-tampering check.
In 42 counties (Adams, Armstrong, Bedford, Bradford, Butler, Cameron, Carbon, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lawrence, McKean, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Wayne and Wyoming counties) the state's annual safety inspection program will be modified to incorporate a visual anti-tampering check for most passenger vehicles and light trucks.
EPA regulations will also bring changes to the emissions testing program in the Pittsburgh Region (Allegheny, Beaver, Washington, Westmoreland) and the Philadelphia Region (Bucks, Chester, Delaware, Montgomery and Philadelphia). In these nine counties the currently mandated annual tailpipe test for 1996 and newer vehicles will be replaced by the OBD I/M check and a gas cap test. Most pre-1996 vehicles will still receive a tailpipe test as well as a gas cap test and visual anti-tampering check.
Finally, as a result of an unrelated lawsuit brought by the Clean Air Council, a court order was recently issued requiring new pass-fail standards (so-called "cutpoints") for the five-county Philadelphia Region by September 1, 2003. Cutpoints are the standards used to determine if a vehicle passes or fails a tailpipe test, and are based on the vehicle's model year and engine size.
The following implementation schedule is planned:
-- The new emissions inspection program in the South Central and Lehigh
Valley Region (Berks, Cumberland, Dauphin, Lancaster, Lebanon, Lehigh,
Northampton and York counties) will be phased in between December 2003
and February 2004.
-- The new emissions inspection program in the Northern Region (Blair,
Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer
counties) will be phased in between January 2004 and March 2004.
-- The enhanced safety inspection program in the remaining 42 counties
(Adams, Armstrong, Bedford, Bradford, Butler, Cameron, Carbon,
Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Fayette,
Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson,
Juniata, Lawrence, McKean, Mifflin, Monroe, Montour, Northumberland,
Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan,
Susquehanna, Tioga, Union, Venango, Warren, Wayne and Wyoming
counties) will begin in December 2003.
-- The EPA's new emissions inspection cutpoints (testing standards) for
the Philadelphia Region (Bucks, Chester, Delaware, Montgomery and
Philadelphia counties) will be implemented by September 1, 2003.
-- OBD I/M checks for most 1996 and newer vehicles for the Pittsburgh
Region (Allegheny, Beaver, Washington and Westmoreland counties) will
be phased in between January 2004 and March 2004.
-- OBD I/M checks for most 1996 and newer vehicles for the Philadelphia
Region (Bucks, Chester, Delaware, Montgomery and Philadelphia
counties) will be phased in between April 2004 and June 2004.
As with the program currently in place in the Pittsburgh and Philadelphia regions, emissions inspections for subject vehicles will be required once per year in conjunction with the annual safety inspection. Emissions inspections can be done at any certified private garage or dealer. Fees for emissions and safety inspections will continue to be market driven. Competition permits customers to choose inspection sites based on price, service and convenience.
For more information visit the "Drive Clean PA" website at www.drivecleanpa.state.pa.us.
EDITOR'S NOTE: A fact sheet for each of the five regions follows.
South Central/Lehigh Valley Region Fact Sheet
New Vehicle Emissions Inspection Program
The South Central/Lehigh Valley Region includes:
Berks, Cumberland, Dauphin, Lancaster, Lebanon, Lehigh, Northampton and York
Counties
(1.8 million subject vehicles)
What is planned?
-- The South Central and Lehigh Valley Region will phase-in the On-Board
Diagnostics (OBD) Inspection and Maintenance (I/M) Checks from
December 2003 through February 2004.
-- Most 1996 and newer vehicles will receive an OBD I/M Check and a Gas
Cap Test.
-- Most 1975 through 1995 vehicles will receive a Visual Anti-Tampering
Check and a Gas Cap Test.
What is On-Board Diagnostics?
OBD is a modern vehicle emissions inspection designed to detect problems with the computerized engine components found on most 1996 and newer model- year gasoline-powered vehicles. During an OBD I/M Check, a technician will attach a cable to the vehicle's onboard computer to see if the vehicles emissions equipment is damaged or otherwise malfunctioning. The check can assist in preventing major engine problems and therefore major expenses caused by failing equipment while subsequently benefiting the environment in reducing the amount of harmful gasses emitted. Emissions inspections will be completed at private service stations and dealers who opt to participate in the program. Stations who wish to participate will be required to purchase equipment to perform the OBD I/M Check and Gas Cap Test. The cost of the equipment is anticipated to be between $2,500 and $7,500.
What is the Visual Anti-Tampering Check?
The Visual Anti-Tampering Check is an examination of the vehicle to see if the required emissions components have been tampered with or removed. A certified technician will look for the following emission control devices:
-- Catalytic converter,
-- Exhaust gas recirculation (EGR) valve,
-- Positive crankcase ventilation (PCV) valve,
-- Fuel inlet restrictor,
-- Air pump, and
-- Evaporative control system components such as vapor canisters and
lines.
The technician will also determine if these devices are properly connected and if they are the correct type for the vehicle being inspected.
What is a Gas Cap Test?
A Gas Cap Test is a functional check to determine if a vehicle's gas cap seals properly. A gas cap that does not seal properly allows harmful evaporative emissions (fumes) to escape from a vehicle's gas tank into the atmosphere. The same equipment that is used to perform the OBD I/M Check also incorporates a gas cap tester.
Key Program Elements
-- The program will be a decentralized program, allowing motorists the
ability to go to the certified emissions station of their choice to
receive the OBD I/M Check and Gas Cap Test for their vehicle.
-- The cost of the OBD I/M Check, the Gas Cap Test and the Visual Anti-
Tampering Check will be market driven and set by the participating
stations.
-- Technicians will be required to become certified in order to perform
the required emissions inspections.
-- The emissions inspection is required annually in conjunction with your
annual safety inspection. A vehicle must get an emissions inspection
or exemption before a safety inspection can be completed and a sticker
issued.
-- The message "I/M Required" will be printed on the motorist's vehicle
registration card to remind them that an emissions inspection is
required for that vehicle.
-- Some exempt vehicles include vehicles registered as: antiques,
classics, collectibles, street rods, vehicles over 9,000 lbs., non-
gasoline powered vehicles and vehicles driven less than 5,000 miles
during the previous year.
-- For vehicles that fail the emissions inspection, a waiver may be issued
for one year. Waivers will not be issued to vehicles that do not pass
the Visual Anti-Tampering Check and the Gas Cap Test.
Northern Region Fact Sheet
New Vehicle Emissions Inspection Program
The Northern Region includes:
Blair, Erie, Cambria, Centre, Lackawanna, Luzerne, Lycoming and Mercer
Counties
(1 million subject vehicles)
What is planned?
-- The Northern Region will phase-in a Visual Anti-Tampering Check and a
Gas Cap Test from January 2004 through March 2004.
-- Most 1975 and newer vehicles will receive a Visual Anti-Tampering Check
and a Gas Cap Test.
What is the Visual Anti-Tampering Check?
The Visual Anti-Tampering Check is an examination of the vehicle to see if the required emissions components have been tampered with or removed. A certified technician will look for the following emission control devices:
-- Catalytic converter,
-- Exhaust gas recirculation (EGR) valve,
-- Positive crankcase ventilation (PCV) valve,
-- Fuel inlet restrictor,
-- Air pump, and
-- Evaporative control system components such as vapor canisters and
lines.
The technician will also determine if these devices are properly connected and if they are the correct type for the vehicle being inspected.
What is a Gas Cap Test?
A Gas Cap Test is a functional check to determine if a vehicle's gas cap seals properly. A gas cap that does not seal properly allows harmful evaporative emissions (fumes) to escape from a vehicle's gas tank into the atmosphere. Stations who wish to participate will be required to purchase equipment to perform the Gas Cap Test. The cost of the equipment is anticipated to be between $750 and $1,800.
Key Program Elements
-- The program will be a decentralized program, allowing motorists the
ability to go to the certified emissions station of their choice to
receive the Visual Anti-Tampering Check and the Gas Cap Test.
-- The cost of the Visual Anti-Tampering Check and the Gas Cap Test will
be market driven and set by the participating stations.
-- Technicians will be required to become certified in order to perform
the required emissions inspections.
-- The emissions inspection is required annually in conjunction with the
annual safety inspection. A vehicle must get an emissions inspection
or exemption before a safety inspection can be completed and a sticker
issued.
-- The message "I/M Required" will be printed on the motorist's vehicle
registration card to remind them that an emissions inspection is
required for that vehicle.
-- Some exempt vehicles include vehicles registered as: antiques,
classics, collectibles, street rods, vehicles over 9,000 lbs. and non-
gasoline powered vehicles.
Pittsburgh Region Fact Sheet
Changes are planned for the Vehicle Emissions Inspection Program
The Pittsburgh Region includes:
Allegheny, Beaver, Washington and Westmoreland Counties
(1.3 million subject vehicles)
What is planned?
-- The Pittsburgh Region will transition, for 1996 and newer vehicles,
from Tailpipe Testing to On-Board Diagnostics (OBD) Inspection and
Maintenance (I/M) Checks from January 2004 through March 2004.
-- The emissions program in the Pittsburgh Region will not change until
January 2004. Until then, all current program elements will remain
the same.
-- When transition occurs, most 1996 and newer vehicles will receive an
OBD I/M Check and a Gas Cap Test.
-- Most 1975 through 1995 vehicles will continue to receive the current
test (Tailpipe Test, Gas Cap Test and the Visual Anti-Tampering
Check).
What is On-Board Diagnostics?
OBD is a modern vehicle emissions inspection designed to detect problems with the computerized engine components found on most 1996 and newer model- year gasoline-powered vehicles. During an OBD I/M Check, a technician will attach a cable to the vehicle's onboard computer to see if the vehicles emissions equipment is damaged or otherwise malfunctioning. The check can assist in preventing major engine problems and therefore major expenses caused by failing equipment while subsequently benefiting the environment in reducing the amount of harmful gasses emitted. As in the current program, emissions inspections will be completed at private service stations and dealers who opt to participate in the program. Stations who wish to participate will be required to purchase equipment to perform the OBD I/M Check and Gas Cap Test. The cost of the equipment is anticipated to be between $2,500 and $7,500.
What is the Visual Anti-Tampering Check?
The Visual Anti-Tampering Check is an examination of the vehicle to see if the required emissions components have been tampered with or removed. A certified technician will look for the following emission control devices:
-- Catalytic converter,
-- Exhaust gas recirculation (EGR) valve,
-- Positive crankcase ventilation (PCV) valve,
-- Fuel inlet restrictor,
-- Air pump, and
-- Evaporative control system components such as vapor canisters and
lines.
The technician will also determine if these devices are properly connected and if they are the correct type for the vehicle being inspected.
What is a Gas Cap Test?
A Gas Cap Test is a functional check to determine if a vehicle's gas cap seals properly. A gas cap that does not seal properly allows harmful evaporative emissions (fumes) to escape from a vehicle's gas tank into the atmosphere. The same equipment that is used to perform the OBD I/M Check also incorporates a gas cap tester.
Key Program Elements
-- The program will continue to be a decentralized program, allowing
motorists the ability to go to the certified emissions station of
their choice to receive the OBD I/M Check and Gas Cap Test for their
vehicle when the program transitions to OBD I/M Checks.
-- As in the current program, the cost of the new OBD I/M Check and Gas
Cap Test will be market driven and set by the participating stations.
-- The OBD I/M Check and Gas Cap Test will be required annually in
conjunction with the annual safety inspection as with the current
Tailpipe Testing.
-- Tailpipe Testing, Visual Anti-Tampering Checks and Gas Cap Tests will
continue for most model year vehicles 1975 through 1995 even when the
program transitions to OBD I/M Checks.
-- Some exempt vehicles include vehicles registered as: antiques,
classics, collectibles, street rods, vehicles over 9,000 lbs., non-
gasoline powered vehicles and vehicles driven less than 5,000 miles
during the previous year.
-- For vehicles that fail the emissions inspection, a waiver may be issued
for one year as in the current program. As in the current program, no
waivers will be issued to vehicles that do not pass the Visual Anti-
Tampering Check.
Philadelphia Region Fact Sheet
Changes are planned for the Vehicle Emissions Inspection Program
The Philadelphia Region includes:
Bucks, Chester, Delaware, Montgomery and Philadelphia Counties
(2.3 million subject vehicles)
What is planned?
-- The Philadelphia Region will transition, for 1996 and newer vehicles,
from Tailpipe Testing to On-Board Diagnostics (OBD) Inspection and
Maintenance (I/M) Checks from April 2004 through June 2004.
-- The emissions program in the Philadelphia Region will not change until
April 2004. Until then, all current program elements (except the
testing standards) will remain the same.
-- When transition occurs, most 1996 and newer vehicles will receive an
OBD I/M Check and a Gas Cap Test.
-- Most 1975 through 1995 vehicles will continue to receive the current
test (Tailpipe Test, Gas Cap Test and the Visual Anti-Tampering
Check).
Change in Testing Standards
-- As a result of a court order, the Commonwealth is required to implement
a change in emissions inspection cutpoints (testing standards) for
vehicles in the Philadelphia Region by September 2003.
-- Cutpoints are the standards used to determine if a vehicle passes or
fails the emissions inspection.
What is On-Board Diagnostics?
OBD is a modern vehicle emissions inspection designed to detect problems with the computerized engine components found on most 1996 and newer model- year gasoline-powered vehicles. During an OBD I/M Check, a technician will attach a cable to the vehicle's onboard computer to see if the vehicles emissions equipment is damaged or otherwise malfunctioning. The check can assist in preventing major engine problems and therefore major expenses caused by failing equipment while subsequently benefiting the environment in reducing the amount of harmful gasses emitted. As in the current program, emissions inspections will be completed at private service stations and dealers who opt to participate in the program. Stations who wish to participate will be required to purchase equipment to perform the OBD I/M Check and Gas Cap Test. The cost of the equipment is anticipated to be between $2,500 and $7,500.
What is the Visual Anti-Tampering Check?
The Visual Anti-Tampering Check is an examination of the vehicle to see if the required emissions components have been tampered with or removed. A certified technician will look for the following emission control devices:
-- Catalytic converter,
-- Exhaust gas recirculation (EGR) valve,
-- Positive crankcase ventilation (PCV) valve,
-- Fuel inlet restrictor,
-- Air pump, and
-- Evaporative control system components such as vapor canisters and
lines.
The technician will also determine if these devices are properly connected and if they are the correct type for the vehicle being inspected.
What is a Gas Cap Test?
A Gas Cap Test is a functional check to determine if a vehicle's gas cap seals properly. A gas cap that does not seal properly allows harmful evaporative emissions (fumes) to escape from a vehicle's gas tank into the atmosphere. The same equipment that is used to perform the OBD I/M Check also incorporates a gas cap tester.
Key Program Elements
-- The program will continue to be a decentralized program, allowing
motorists the ability to go to the certified emissions station of
their choice to receive the OBD I/M Check and Gas Cap Test for their
vehicle when the program transitions to OBD I/M Checks.
-- As in the current program, the cost of the new OBD I/M Check and the
Gas Cap Test will be market driven and set by the participating
stations.
-- The OBD I/M Check and Gas Cap Test will be required annually in
conjunction with the annual safety inspection as with the current
Tailpipe Testing.
-- Tailpipe Testing, Visual Anti-Tampering Checks and Gas Cap Tests will
continue for most model year vehicles 1975 through 1995 even when the
program transitions to OBD I/M Checks.
-- Some exempt vehicles include vehicles registered as: antiques,
classics, collectibles, street rods, vehicles over 9,000 lbs., non-
gasoline powered vehicles and vehicles driven less than 5,000 miles
during the previous year.
-- For vehicles that fail the emissions inspection, a waiver may be issued
for one year as in the current program. As in the current program, no
waivers will be issued to vehicles that do not pass the Visual Anti-
Tampering Check.
42 Non-I/M (Inspection/Maintenance) Counties
Fact Sheet
Safety Inspection Program Changes
The 42 Counties include:
Adams, Armstrong, Bedford, Bradford, Butler, Cameron, Carbon, Clarion,
Clearfield, Clinton, Columbia, Crawford, Elk, Fayette, Forest, Franklin,
Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lawrence, McKean,
Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Wayne
and Wyoming Counties
(1.9 million subject vehicles)
What are the planned changes that will become part of the annual safety
inspection?
-- A Visual Anti-Tampering Check of the emissions components as part of
the current annual safety inspection will begin in these counties in
December 2003.
-- Most passenger vehicles will receive the Visual Anti-Tampering Check.
What is the Visual Anti-Tampering Check?
The Visual Anti-Tampering Check is an examination of the vehicle to see if the required emissions components have been tampered with or removed. A certified inspection mechanic will look for the following emission control devices:
-- Catalytic converter,
-- Exhaust gas recirculation (EGR) valve,
-- Positive crankcase ventilation (PCV) valve,
-- Fuel inlet restrictor,
-- Air pump, and
-- Evaporative control system components such as vapor canisters and
lines.
The mechanic will also determine if these devices are properly connected and if they are the correct type for the vehicle being inspected.
Key Program Elements
-- Motorists will be able to go to the certified safety inspection station
of their choice to receive the Visual Anti-Tampering Check.
-- The cost of the Visual Anti-Tampering Check will be included in the fee
for the safety inspection which is market driven and set by the
participating stations.
-- Vehicles exempt from the current safety inspection program will
continue to be exempt including vehicles registered as antiques and
some military vehicles.