Regulatory Text: 
Chapter 114. Control of Air Pollution from Motor Vehicles

Section 114.1. Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles.

(As approved by EPA 02/09/89 (54 FR 06287) at 52.2270(c)(66) effective 03/13/89. Section 114.1(e) removed from SIP July 1, 1998 (63 FR 35839) at 52.2270(c)(111) effective 11/04/98 {See: 63 FR 59471, November 4, 1998}. Left justified number before each paragraph is 40 CFR 52.2270(c) section where paragraph was last approved by EPA. Paragraphs with “01" were approved with the Original Texas SIP at 52.2270(b). See SIP Map record for Federal Register approval date and effective date.)


01 (a) Any person owning or operating any motor vehicle or motor vehicle engine on which is installed or incorporated a system or device used to control emissions from the motor vehicle in compliance with federal motor vehicle rules shall maintain the system or device in good operable condition and shall use it at all times that the motor vehicle or motor vehicle engine is operated.

01 (b) No person may remove or make inoperable any system or device used to control emissions from a motor vehicle or motor vehicle engine or any part thereof, except where the purpose of removal of the system or device, or part thereof, is to install another system or device, or part thereof, which is equally effective in reducing emissions from the vehicle.

66 (c) No person may sell or offer for sale in the State of Texas any motor vehicle which was originally equipped with a control system in accordance with federal requirements unless all of the following conditions are met:

66 (1) The motor vehicle shall be equipped with either the control systems or devices that were a part of the motor vehicle or motor vehicle engine when sold by the manufacturer in accordance with federal requirements or an alternate control system or device as designated in subsection (b) of this section.

08 (2) The control system or device required in 114.1(c)(1) shall be in good operable condition.

66 (3) A notice of the prohibition and requirements of this subsection shall be displayed at any commercial motor vehicle sales facility in Dallas, El Paso, Harris, and Tarrant Counties which sells or offers for sale more than three used vehicles per year. The notice shall be displayed in a conspicuous and prominent location near each customer entrance way and in each sales office. The notice shall read, "State law prohibits any person from selling or offering for sale any vehicle not equipped with all emission control systems or devices in good operable condition. Violators are subject to penalties under the Texas Clean Air Act of up to $25,000 per violation." This notice shall be no smaller than 8 inches by 10 inches (20.32 cm by 25.4 cm) and shall be clearly visible to all customers.

08 (d) Any part or component of an air pollution control system or device of a motor vehicle or motor vehicle engine equipped with such air pollution control system or device in compliance with federal motor vehicle rules shall not be replaced with a different part or component unless such part or component is designated as a replacement for the specific make and model of the vehicle or vehicle engine.

111 (e) NOT IN SIP effective 08/31/98. Section 114.1(e) was removed from SIP July 1, 1998 (63 FR 38539) at 52.2270(c)(111) effective 11/04/98 {See: 63 FR 59471, November 4, 1998}. Below is text of Section removed:

66 (e) No person may introduce leaded gasoline into a motor vehicle certified by the Environmental Protection Agency for use of unleaded gasoline. A notice of the prohibitions and requirements of this subsection shall be prominently displayed at all facilities in Dallas, El Paso, Harris, and Tarrant Counties which dispense motor vehicle fuel. The notice shall be displayed in the immediate area of each gasoline pump island, and shall be posted in a prominent and conspicuous location. The notice shall read, "State law prohibits any person from introducing any gasoline containing lead into any motor vehicle certified for use of 'unleaded gasoline only'. Violators are subject to a penalty of up to $25,000 per violation." This notice shall be no smaller than 8 inches by 10 inches (20.32 cm by 25.4 cm) and shall be clearly visible from each refueling location.

66 (f) No person may sell, offer for sale, or use any system or device for the purpose of circumventing any system, or device, or any part thereof, installed by a vehicle manufacturer to comply with the Federal Motor Vehicle Control Program. A notice of the prohibitions and requirements of this subsection shall be displayed at all motor vehicle parts, supply, repair, or service facilities in Dallas, El Paso, Harris, and Tarrant Counties which sell, offer for sale, install, or offer to install any vehicle emission control or exhaust system or device. The notice shall be displayed in a prominent and conspicuous location near each consumer entrance way and service counter. The notice shall read: "State law prohibits any person from selling, offering for sale, or using any system or device for the purpose of circumventing any emission control device on a vehicle or vehicle engine. State law also prohibits any person from removing or disconnecting any part of the emission control system of a motor vehicle, except to install replacement parts which are equally effective in reducing emissions. Violators are subject to penalties under the Texas Clean Air Act of up to $25,000 per violation." This notice shall be no smaller than 8 inches by 10 inches (20.32 cm by 25.4 cm) and shall be clearly visible to all customers.

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