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Kentucky Resources Council, Inc.

Post Office Box 1070

Frankfort, Kentucky 40602

(502) 875-2428 phone (502) 875-2845 fax

e-mail: fitzKRC@aol.com

www.kyrc.org

July 29, 2003

Jon Trout

Jefferson County Air Pollution

  Control District

Barrett Avenue

Louisville, Kentucky 40204

Re:  Proposed Regulations 8.01 – 8.04

Dear Mr. Trout:

     While the District believes it has been directed by the legislature to take certain steps towards elimination of the vehicle emissions testing program, KRC would be remiss if it did not lodge an objection to the complete elimination of this program as a step backwards on the path towards cleaner air and a healthier economy in this community.

     KRC has asked EPA Region IV to review and comment on whether the vehicle emissions testing program for Jefferson County can be eliminated from the list of control measures in the District's SIP, since it would appear that removing this control strategy from among those currently approved in the state implementation plan might interfere with attainment and reasonable further progress towards the 8-hour standard.  While it has been predicted that the NOx SIP Call with attendant reductions in transported emissions may be sufficient to enable Louisville MSA to achieve attainment with the 8-hour standard, until those measures are in place, removal of the measure would be inconsistent with Section 110(l) of the Clean Air Act since until that time Louisville cannot demonstrate that it will attain the 8-hour standard for ozone in the absence of the vehicle emissions testing program.

     In order to avoid incurring significant contractual, personnel and other costs from interruption of program implementation, the proposed repeal of District regulations requiring the vehicle emissions testing should be made contingent on approval by EPA, and EPA should be requested to review and to either approve or disapprove the proposed revision expeditiously.

     Additionally, regulatory provisions in Regulations 8.01 through 8.04 that are not related to the mandatory emission testing, including prohibitions against tampering with emissions control equipment should be retained, since the legislation precluded emissions testing, but did not foreclose continuation of emissions control requirements unrelated to the mandated testing.

     Finally, if the program is retained due to EPA disapproval of the SIP revision, or when a vehicle emissions testing program is reinstated (a substantial likelihood given the lack of other available control measures of comparable cost-efficiency in the mobile sector) there is little question that the program protocols are in need of revision, as reflected in the National Academy of Science study.

 * The standards for passing the test should be tightened to reflect the levels of emissions reductions achievable by a properly-functioning vehicle;

*  The legislature should revisit and remove the prohibitions against extending an enforceable program to include commuters within and into the Louisville MSA;

*  Testing frequency should be modified for new cars to require initial testing by dealers before initial sale of the vehicle, with a four or five-year grace period thereafter followed by testing on a two-year cycle;

*  A management audit of the program, with comparative assessment of the cost of operating a program in the public sector should be conducted;

*  For 1996 and newer cars equipped with onboard diagnostics, allowance of submission of OBD testing by a certified mechanic using properly calibrated equipment in lieu of on-site testing should be considered;

*  Funding for the program should be decoupled from testing, and testing should be allowed voluntarily on an annual basis for those desiring a diagnostic review of the performance of their vehicle.

     While the emissions testing program is certainly in need of revision and updating, elimination of the program, with the resulting increase in emissions of criteria and toxic air emissions, is irresponsible and will necessarily interfere with attainment and maintenance of healthy air quality in this community.

     Thank you for your consideration of these comments.

Sincerely,

Tom FitzGerald

Director

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