Regulatory Text: 
Section 114.5.  Exclusions and Exceptions.

(As approved by EPA 02/09/89 (54 FR 06287) at 52.2270(c)(66) effective 03/13/89.)

66    (a)  This chapter does not apply to motor vehicles or motor vehicle engines which are registered as farm vehicles with the Motor Vehicle Division of the Texas Department of Highways and Public Transportation and are intended solely or primarily for use on a farm or ranch; or are intended solely or primarily for legally sanctioned motor competitions, for research and development uses, or for instruction in a bona-fide vocational training program where the use of a system or device would be detrimental to the purpose for which the vehicle or engine is intended to be used.

66    (b)  Vehicles belonging to members of the U.S. Department of Defense (DOD) participating in the DOD Privately Owned Vehicle Import Program or other federal government employees being transferred overseas are exempt from the provisions of Section 114.1 of this title (relating to Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles) if the following conditions are met:
66         (1)  Only the catalytic converter, oxygen sensor, and/or the fuel filler inlet restrictor are removed from the vehicle.

61         (2)  The vehicle is delivered to the appropriate port for overseas shipment within 30 days after the emission control device(s) is removed.

61         (3)  If the vehicle is returned to the United States, all systems or devices used to control emissions from the vehicle are restored to good operable condition within 30 days of pick-up of the vehicle from the appropriate port of importation.

61    (c)  Vehicles equipped to operate on ethane, butane, propane, liquified petroleum gas (LPG), or compressed natural gas (CNG) are exempt from the provisions of Section 114.1 of this title (relating to Maintenance and Operation of Air Pollution Control Systems or Devices) and Section 114.3 of this title (relating to Inspection Requirements) if their design precludes the use of gasoline, gasohol, or diesel without modification.

66    (d)  Any person owning or operating a motor vehicle or motor vehicle engine may apply to the Executive Director for a waiver from the provisions of Section 114.1 (a) - (b) of this title (relating to Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles).  Such a waiver may be granted if the following conditions are met:

66         (1)  The application shall include the applicant's full name, business address, and telephone number.  A single vehicle and vehicle engine shall be specified in the application and must be identified by the unique vehicle identification number assigned to that vehicle by the manufacturer and by the manufacturer's engine family number.

66         (2)  The air pollution control systems or devices on the vehicle or vehicle engine which would be covered by the waiver shall be specified in the application.

66         (3)  A demonstration shall be made in the application that provides adequate justification for special consideration of the specified vehicle under the provisions of Regulation IV.  This demonstration shall include, but shall not be limited to, the following information necessary to determine that the use of certain pollution control devices or systems on the vehicle to be covered by the waiver would result in a clear danger to persons or property or would be detrimental to the purpose for which the vehicle is intended to be used.

66              (A)  Proposed use of the vehicle and description of adverse circumstances;

66              (B)  Locations where the vehicle will primarily be operated;

66              (C)  Estimated length of time the vehicle is expected to be operated in adverse circumstances;

66              (D)  Estimated percentages of the time the vehicle will primarily be operated in adverse circumstances and on public roadways;

66              (E)  History of problems related to the use of specified control devices or systems;

66              (F)  Evidence of the potential hazards and consequences of operating the vehicle for the intended use with the identified control devices or systems in place.

66         (4)  The applicant shall agree and ensure that a copy of the waiver shall be kept with the vehicle at all times and shall be available for inspection by representatives of the Texas Natural Resource Conservation Commission, the Texas Department of Public Safety or any other law enforcement agency upon request.  The approved waiver shall also be presented to the certified vehicle inspector before each annual vehicle safety inspection of the vehicle as administered by the Texas Department of Public Safety.

66         (5)  The applicant shall agree and ensure that the waiver shall be void and all pollution control systems and devices replaced on the vehicle and/or engine covered by the waiver when the vehicle changes ownership or is no longer used for the purpose identified in the waiver application.  The Executive Director shall be informed in writing prior to the change of ownership or usage.

66         (6)  The applicant shall comply with all special provisions and conditions specified by the Executive Director in the waiver.

66    (e)  A motor vehicle is exempt from Section 114.3 of this title (relating to Inspection Requirement) if the vehicle is registered with the Motor Vehicle Division of the Texas Department of Highways and Public Transportation as a farm vehicle or has been granted a waiver from the Executive Director in accordance with subsection (d) of this section.

66    (f)  Municipalities selling abandoned vehicles are exempt from the provisions of Section 114.1(c) of this title (relating to Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles) if the following conditions are met:

66         (1)  The inspection certificate must be removed from the vehicle and destroyed before the vehicle may be offered for sale or displayed for public examination.

66         (2)  All potential buyers of the vehicle must be informed of all deficiencies in the vehicle pollution control systems on the vehicle and all liabilities to the buyer under Section 114.1 of this title (relating to Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles) and Section 114.3 of this title (relating to Inspection Requirements) of operating the vehicle prior to the adequate restoration of all pollution control systems or devices on the vehicle in compliance with federal motor vehicle rules.

66    (g)  The owner of a motor vehicle which has been totally disabled by accident, age or malfunction and which will no longer be operated is exempt from the provisions of Section 114.1(c) of this title (relating to Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles) if the inspection certificate is removed and destroyed before the vehicle is offered for sale or displayed for public examination.

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