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Texas SIP: 30 TAC 114.50-114.53. Vehicle Inspection and Maintenance; SIP effective 2006-10-06

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

SUBCHAPTER C:  VEHICLE INSPECTION AND MAINTENANCE; LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT COUNTIES 

DIVISION 1: VEHICLE INSPECTION AND MAINTENANCE
As approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).

Outline
§114.50.  Vehicle Emissions Inspection Requirements. 4-55, TXd80
§114.51.  Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers. 4-42, TXd32
§114.52.  Early Participation Incentive Program. 4-55, TXd80
§114.53.  Inspection and Maintenance Fees. 4-55, TXd80


§114.50.  Vehicle Emissions Inspection Requirements.
As adopted by TCEQ September 15, 2004 effective October 7, 2004 (4-55).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).
Not in SIP: Subsection 114.50(b)(2).

     (a)  Applicability.  The requirements of this section and those contained in the Texas Inspection and Maintenance (I/M) State Implementation Plan (SIP) shall be applied to all gasoline- powered motor vehicles two - 24 years old and subject to an annual emissions inspection, beginning with the first safety inspection.  Currently, military tactical vehicles, motorcycles, diesel-powered vehicles, dual-fueled vehicles which cannot operate using gasoline, and antique vehicles registered with the Texas Department of Transportation are excluded from the program.  Safety inspection facilities and inspectors certified by the Texas Department of Public Safety (DPS) shall inspect all subject vehicles, in the following program areas, as defined in §114.2 of this title (relating to Inspection and Maintenance (I/M) Definitions), in accordance with the following schedule.

          (1)  All vehicles registered and primarily operated in Dallas, Tarrant, and Harris Counties shall be tested using a two-speed idle (TSI) test through April 30, 2002.

          (2)  This paragraph applies to all vehicles registered and primarily operated in the Dallas/Fort Worth (DFW) program area.

               (A)  Beginning May 1, 2002, all 1996 and newer model year vehicles registered and primarily operated in Collin, Dallas, Denton, and Tarrant Counties equipped with on-board diagnostic (OBD) systems shall be tested using United States Environmental Protection Agency (EPA)-approved OBD test procedures.

               (B)  Beginning May 1, 2002, all pre-1996 model year vehicles registered and primarily operated in Collin, Dallas, Denton, and Tarrant Counties shall be tested using an acceleration simulation mode (ASM-2) test, or a vehicle emissions test that meets SIP emissions reduction requirements and is approved by the EPA.

               (C)  All vehicle emissions inspection stations in affected program areas shall offer both the ASM-2 test and the OBD test, except low volume emissions inspection stations.  If an owner or operator wishes to have his or her station classified as a low volume emissions inspection station, the station owner or operator must petition the DPS in accordance with the rules and procedures established by DPS.

          (3)  This paragraph applies to all vehicles registered and primarily operated in the extended DFW (EDFW) program area.

               (A)  Beginning May 1, 2003, all 1996 and newer model year vehicles registered and primarily operated in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties equipped with OBD systems shall be tested using EPA-approved OBD test procedures.

               (B)  Beginning May 1, 2003, all pre-1996 model year vehicles registered and primarily operated in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties shall be tested using an ASM-2 test, or a vehicle emissions test that meets SIP emissions reduction requirements and is approved by the EPA.

               (C)  All vehicle emissions inspection stations in affected program areas shall offer both the ASM-2 test and the OBD test, except low volume emissions inspection stations.  If an owner or operator wishes to have his or her station classified as a low volume emissions inspection station, the station owner or operator must petition the DPS in accordance with the rules and procedures established by DPS.

          (4)  This paragraph applies to all vehicles registered and primarily operated in the Houston/Galveston (HGA) program area.

               (A)  Beginning May 1, 2002, all 1996 and newer model year vehicles registered and primarily operated in Harris County equipped with OBD systems shall be tested using EPA-approved OBD test procedures.

               (B)  Beginning May 1, 2002, all pre-1996 model year vehicles registered and primarily operated in Harris County shall be tested using an ASM-2 test, or a vehicle emissions test that meets SIP emissions reduction requirements and is approved by the EPA.

               (C)  All vehicle emissions inspection stations in affected program areas shall offer both the ASM-2 test and the OBD test, except low volume emissions inspection stations.  If an owner or operator wishes to have his or her station classified as a low volume emissions inspection station, the station owner or operator must petition the DPS in accordance with the rules and procedures established by DPS.

               (D)  Beginning May 1, 2003, all 1996 and newer model year vehicles equipped with OBD systems and registered and primarily operated in Brazoria, Fort Bend, Galveston, and Montgomery Counties shall be tested using EPA-approved OBD test procedures.

               (E)  Beginning May 1, 2003, all pre-1996 model year vehicles registered and primarily operated in Brazoria, Fort Bend, Galveston, and Montgomery Counties shall be tested using the ASM-2 test procedures, or a vehicle emissions test that meets SIP emissions reduction requirements and is approved by the EPA.

          (5)  This paragraph applies to all vehicles registered and primarily operated in the El Paso program area.

               (A)  All vehicles shall be tested using a TSI test, except as provided by subparagraph (B) of this paragraph.

               (B)  In the event that the commission publishes notification in the Texas Register of a determination that contingency measures are necessary in order to maintain attainment of the national ambient air quality standards in the El Paso area, the following contingency measures will become effective 12 months after the notice is published.

                    (i)  All 1996 and newer model year vehicles equipped with OBD systems shall be tested using EPA-approved OBD test procedures.

                    (ii)  All pre-1996 model year vehicles shall be tested using a TSI test.

                    (iii)  All vehicle emissions inspection stations in the El Paso program area shall offer both the TSI test and the OBD test.

     (b)  Control requirements.

          (1)  No person or entity may operate, or allow the operation of, a motor vehicle registered in the DFW, EDFW, HGA, and El Paso program areas which does not comply with:

               (A)  all applicable air pollution emissions control related requirements included in the annual vehicle safety inspection requirements administered by DPS, as evidenced by a current valid inspection certificate affixed to the vehicle windshield; and

               (B)  the vehicle emissions I/M requirements contained in this subchapter.

          (2)  NOT in SIP.

          (3)  Any motorist in the DFW, EDFW, HGA, or El Paso program areas who has received a notice from an emissions inspection station that there are recall items unresolved on his or her motor vehicle, should furnish proof of compliance with the recall notice prior to the next vehicle emissions inspection.  The motorist may present a written statement from the dealership or leasing agency indicating that emissions repairs have been completed as proof of compliance.

          (4)  A motorist whose vehicle has failed an emissions test may request a challenge retest through DPS.  If the retest is conducted within 15 days of the initial inspection, the retest is free.

          (5)  A motorist whose vehicle has failed an emissions test and has not requested a challenge retest or has failed a challenge retest must have emissions-related repairs performed and must submit a properly completed vehicle repair form (VRF) in order to receive a retest.  In order to receive a waiver or time extension, the motorist must submit a VRF or applicable documentation as deemed necessary by DPS.

          (6)  A motorist whose vehicle is registered in the DFW, EDFW, HGA, or El Paso program areas, or in any county adjacent to a program area and has failed an on-road test administered by the DPS shall:

               (A)  submit the vehicle for an out-of-cycle vehicle emissions inspection within 30 days of written notice by the DPS; and

               (B)  satisfy all inspection, extension, or waiver requirements of the vehicle emissions I/M program contained in the Texas I/M SIP.

          (7)  A subject vehicle registered in a county without an I/M program which meets the applicability criteria of subsection (a) of this section and the ownership of which has changed through a retail sale as defined by Texas Occupations Code, §2301.002, is not eligible for title receipt or registration in a county with an I/M program unless proof is presented that the vehicle has passed an approved vehicle emissions inspection within 90 days before the title transfer.  The evidence of proof required may be in the form of the vehicle inspection report (VIR) or another proof of the program compliance as authorized by DPS.  All 1996 and newer model year vehicles with less than 50,000 miles are exempt from the test-on-resale requirements of this paragraph.

          (8)  State, governmental, and quasi-governmental agencies which fall outside the normal registration or inspection process shall comply with all vehicle emissions I/M requirements contained in the Texas I/M SIP for vehicles primarily operated in I/M program areas.

     (c)  Waivers and extensions.  A motorist may apply to the DPS for a waiver or an extension as specified in 37 TAC §23.93 (relating to Vehicle Emissions Inspection Requirements), which defer the need for full compliance with vehicle emissions standards for a specified period of time after failing a vehicle emissions inspection.

     (d)  Prohibitions.

          (1)  No person may issue or allow the issuance of a VIR, as authorized by DPS, unless all applicable air pollution emissions control related requirements of the annual vehicle safety inspection and the vehicle emissions I/M requirements and procedures contained in the Texas I/M SIP are completely and properly performed in accordance with the rules and regulations adopted by DPS and the commission.  Prior to taking any enforcement action regarding this provision, the commission shall consult with DPS.

          (2)  No person may allow or participate in the preparation, duplication, sale, distribution, or use of false, counterfeit, or stolen safety inspection certificates, VIRs, VRFs, vehicle emissions repair documentation, or other documents which may be used to circumvent the vehicle emissions I/M requirements and procedures contained in the Texas I/M SIP.

          (3)  No organization, business, person, or other entity may represent itself as an emissions inspector certified by the DPS, unless such certification has been issued under the certification requirements and procedures contained in Texas Transportation Code, §§548.401 - 548.404.

          (4)  No person may act as or offer to perform services as a Recognized Emissions Repair Technician of Texas, as designated by DPS, without first obtaining and maintaining DPS recognition.

Adopted September 15, 2004, Effective October 7, 2004 (4-55).
***end tx 114.50***4-55***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h3c***


§114.51.  Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers.
As adopted by TNRCC December 6, 2000, effective January 18, 2001 (4-42).
Approved by EPA November 14, 2001 (66 FR 57261) effective December 14, 2001 (TXd32).


     (a)  Any manufacturer or distributor of vehicle testing equipment may apply to the executive director of the Texas Natural Resource Conservation Commission (commission) or his appointee, for approval of an exhaust gas analyzer or analyzer system for use in the Texas Inspection and Maintenance (I/M) program administered by the Texas Department of Public Safety.  Each manufacturer shall submit a formal certificate to the commission stating that any analyzer model sold or leased by the manufacturer or its authorized representative and any model currently in use in the I/M program will satisfy all design and performance criteria set forth in "Specifications for Preconditioned Two Speed Idle Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program,” dated November 1, 2000, or in “Specifications for Acceleration Simulation Mode (ASM-2) Vehicle Exhaust Gas Analyzer Systems for use in the Texas Vehicle Emissions Testing Program,” dated November 1, 2000.  Copies of these documents are available at the commission’s Central Office, located at 12100 Park 35 Circle, Austin, Texas 78753.  The manufacturer shall also provide sufficient documentation to demonstrate conformance with these criteria including a complete description of all hardware components, the results of appropriate performance testing, and a point-by-point response to each specific requirement.

     (b)  All equipment shall be tested by an independent test laboratory.  The cost of the certification shall be absorbed by the manufacturer.  The conformance demonstration shall include, but is not limited to:

          (1)  certification that equipment design and construction conform with the specifications referenced in subsection (a) of this section;

          (2)  documentation of successful results from appropriate performance testing;

          (3)  evidence of necessary changes to internal computer programming, display format, and data recording sequence;

          (4)  a commitment to fulfill all maintenance, repair, training, and other service requirements described in the specifications referenced in subsection (a) of this section.  A copy of the minimum warranty agreement to be offered to the purchaser of an approved vehicle exhaust gas analyzer shall be included in the demonstration of conformance; and 

          (5)  documentation of communication ability using protocol provided by the commission or the commission Texas Data Link contractor.

     (c)  If a review of the demonstration of conformance and all related support material indicates compliance with the criteria listed in subsections (a) and (b) of this section, the executive director or his appointee may issue a notice of approval to the analyzer manufacturer which endorses the use of the specified analyzer or analyzer system in the Texas I/M program.

     (d)  The applicant shall comply with all special provisions and conditions specified by the executive director or his appointee in the notice of approval.

     (e)  Any manufacturer or distributor which receives a notice of approval from the executive director or his appointee for a vehicle emissions test equipment for use in the Texas I/M program may be subject to appropriate enforcement action and penalties prescribed in the TCAA or the rules and regulations promulgated thereunder if:

          (1)  any information included in the conformance demonstration as required in subsection (b) of this section is misrepresented resulting in the purchase or operation of equipment in the Texas I/M program which does not meet the specifications referenced in subsection (a) of this section; or

          (2)  the applicant fails to comply with any requirement or commitment specified in the notice of approval issued by the executive director or implied by the representations submitted by the applicant in the conformance demonstration required by subsection (b) of this section; or

          (3)  the manufacturer or distributor fails to provide on-site service response by a qualified repair technician within two business days of a request from an inspection station, excluding Sundays, national holidays (New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, and Christmas Day), and other days when a purchaser’s business might be closed;

          (4)  the manufacturer or distributor fails to fulfill, on a continuing basis, the requirements described in this section or in the specifications referenced in subsection (a) of this section; or

          (5)  the manufacturer fails to provide analyzer software updates within six months of request and fails to install analyzer updates within 90 days of commission written notice of acceptance.

Adopted December 6, 2000, Effective January 18, 2001
***end tx 114.51***4-42**************************************TXd32***c14***


§114.52.  Early Participation Incentive Program.
As adopted by TCEQ September 15, 2004 effective October 7, 2004 (4-55).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).

     (a)  Purpose.  The early participation incentive program is to ensure that an adequate number of emissions inspection stations that provide acceleration simulation mode (ASM-2) testing are open to the public on the program start date.

     (b)  Eligibility.  In order to be eligible to receive the incentive described in subsection (f) of this section, an emissions inspection station owner or operator must meet the following requirements.

          (1)  The emissions inspection station owner or operator must enroll and submit the information described in subsection (d) of this section by January 15, 2002.

          (2)  The emissions inspection station must be located in Dallas, Tarrant, Denton, Collin, or Harris County or in an adjacent county.

          (3)  The emissions inspection station must be open to the general public.

          (4)  The emissions inspection station must be a Texas Department of Public Safety certified official vehicle inspection station from the program start date and must continue ASM-2 emissions testing for five years following the program start date or until ASM-2 testing is terminated by the state.

          (5)  The ASM-2 testing equipment at the emissions inspection station must be operational by the program start date in order to be covered by this incentive program.

          (6)  The ASM-2 equipment must be certified for use in the Texas Inspection/Maintenance Program by the program start date in accordance with §114.51 of this title (relating to Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers).

     (c)  Program acceptance.  The executive director will accept the first 1,000 eligible emissions inspection stations into the program.  At the discretion of the executive director, additional stations may be accepted into the program to ensure adequate distribution of stations throughout the program area.

     (d)  Enrollment and documentation requirements.  Emissions inspection station owners or operators who opt to participate in the incentive program described in this section must apply using a form designated by the executive director.  The application must be received in complete form by the executive director by January 15, 2002.  This form will require at a minimum the following information and documentation:

          (1)  the emissions inspection station’s name, location, mailing address, and other identifying information;

          (2)  the vendor and model of each ASM-2 piece of equipment to be used in participation in this program; and

          (3)  a copy of the signed contract with an equipment vendor for the purchase or lease of each piece of ASM-2 equipment by the program start date.

     (e)  Program areas beginning May 2003.  For program areas that begin ASM-2 testing in May 2003 (Brazoria, Fort Bend, Galveston, Montgomery, Ellis, Johnson, Kaufman, Parker, and Rockwall Counties), the same incentive is offered subject to the requirements listed in this section.  The enrollment period for these counties is October 15, 2002 through December 31, 2002.  The executive director will accept the first 200 eligible emissions inspection stations into the program.  At the discretion of the executive director, additional stations may be accepted into the program to ensure adequate distribution of stations throughout the program area.

     (f)  Incentive payment plan.  Emissions inspection station owners or operators who are accepted into the program and who maintain their eligibility are eligible to receive a payment of $675 per month to cover the remainder of the five-year period following the program start date if the ASM-2 testing requirement is terminated by state rule or statute during the first five years following the program start date.  Participating emissions inspection stations that have conducted more than 12,000 emissions tests at program termination are not eligible for payment.

Adopted September 15, 2004, Effective October 7, 2004 (4-55).
***end tx 114.52***4-55***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h3c***


§114.53.  Inspection and Maintenance Fees.
As adopted by TCEQ September 15, 2004 effective October 7, 2004 (4-55).
Approved by EPA September 6, 2006 (71 FR 52670) effective October 6, 2006 (TXd80).

     (a)  The following fees must be paid for an emissions inspection of a vehicle at an inspection station.  This fee shall include one free retest should the vehicle fail the emissions inspection, provided that the motorist has the retest performed at the same station where the vehicle originally failed and submits, prior to the retest, a properly completed vehicle repair form showing that emissions-related repairs were performed and the retest is conducted within 15 days of the initial emissions test.

          (1)  Through April 30, 2002, any emissions inspection station required to conduct a two-speed idle test in accordance with §114.50(a)(1) of this title (relating to Vehicle Emissions Inspection Requirements) shall collect a fee of $13 and shall remit $1.75 to the Texas Department of Public Safety (DPS).

          (2)  In El Paso County beginning May 1, 2002, any emissions inspection station required to conduct an emissions test in accordance with §114.50(a)(1) or (5)(A), or (B) of this title shall collect a fee of $14 and shall remit $2.50 to the DPS.  If the El Paso County Commissioners Court adopts a resolution that is approved by the commission to participate in the “Low Income Repair Assistance Program,” the emissions inspection station shall collect a fee of $17 and shall remit to DPS $5.50 beginning upon the date specified by the commission upon approval of the resolution.

          (3)  In the Dallas/Fort Worth program area beginning May 1, 2002, any emissions inspection station required to conduct an emissions test in accordance with §114.50(a)(2)(A) or (B) of this title, and in the extended Dallas/Fort Worth program area beginning May 1, 2003, any emissions inspection station required to conduct an emissions test in accordance with §114.50(a)(3)(A) or (B) of this title shall collect a fee not to exceed $27.  The emissions inspection station shall remit to the DPS $2.50 for each acceleration simulation mode test and $8.50 for each on-board diagnostics test.

          (4)  In the Houston/Galveston program area beginning May 1, 2002, any emissions inspection station in Harris County required to conduct an emissions test in accordance with §114.50(a)(4)(A) or (B) of this title; and beginning May 1, 2003, any emissions inspection station in Brazoria, Fort Bend, Galveston, and Montgomery Counties required to conduct an emissions test in accordance with §114.50(a)(4)(D) or (E) of this title; shall collect a fee not to exceed $27.  The emissions inspection station shall remit to the DPS $2.50 for each acceleration simulation mode test and $8.50 for each on-board diagnostics test.

     (b)  The per-vehicle fee and the amount the inspection station remits to the DPS for a challenge test, at an inspection station designated by the DPS, shall be the same as the amounts set forth in subsection (a) of this section.  The challenge fee shall not be charged if the vehicle is retested within 15 days of the initial test.

     (c)  Inspection stations performing out-of-cycle vehicle emissions inspections for the state's remote sensing element shall charge a motorist for an out-of-cycle emissions inspection in the amount specified in subsection (a) of this section, resulting from written notification that subject vehicle failed on-road testing.  If the vehicle passes the vehicle emissions inspection, the vehicle owner may request reimbursement from DPS.

Adopted September 15, 2004, Effective October 7, 2004 (4-55).
***end tx 114.53***4-55***EPA-R06-OAR-2005-TX-0018***TX024***TXd80***h3c***
*************end texas chapter 114 subchapter c division 1***TXd80***h3c***