Regulatory Text: 
SUBCHAPTER C:  VEHICLE INSPECTION AND MAINTENANCE (§§114.50 - 114.53)

Outline:
§114.50.  Vehicle Emissions Inspection Requirements.
§114.51.  Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers.
§114.52.  Waivers and Extensions for Inspection Requirements.
§114.53.  Inspection and Maintenance Fees.


§114.50.  Vehicle Emissions Inspection Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57265) effective December 14, 2001 (TXd32)

     (a)  Applicability.  The requirements of this section and those contained in the revised Texas Inspection and Maintenance (I/M) State Implementation Plan (SIP) shall be applied to all gasoline-powered motor vehicles 2-24 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 in accordance with the following schedule.

          (1)  All vehicles registered and primarily operated in Dallas, Tarrant, Harris, and El Paso 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 EPA-approved OBD test procedures.  If OBD data cannot be collected from the vehicle, an EPA-approved tail-pipe emissions test will be used.

               (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.

          (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.  If OBD data cannot be collected from the vehicle, an EPA approved tail-pipe emissions test will be used.

               (B)  Beginning May 1, 2003, all pre-1996 and older 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.

          (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.  If OBD data cannot be collected from the vehicle, an EPA approved tail-pipe emissions test will be used.

               (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)  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.  If OBD data cannot be collected from the vehicle, an EPA approved tail-pipe emissions test will be used.

               (D)  Beginning May 1, 2003, all pre-1996 and newer 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.

               (E)  Beginning May 1, 2004, all 1996 and newer model year vehicles equipped with OBD systems and registered and primarily operated in Chambers, Liberty, and Waller Counties shall be tested using EPA-approved OBD test procedures.  If OBD data cannot be collected from the vehicle, an EPA-approved tail-pipe emissions test will be used.

               (F)  Beginning May 1, 2004, all pre-1996 model year vehicles registered and primarily operated in Chambers, Liberty, and Waller 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.

               (G)  If Chambers, Liberty, and Waller Counties and their respective largest municipality submit by May 1, 2002, individually or collectively, a resolution that is approved by the commission and EPA as an alternative air control plan, then subparagraphs (E) - (F) of this paragraph are not required.  The resolution should provide a control plan that will provide modeled reductions of volatile organic compounds and nitrogen oxides equivalent to the reductions that have been modeled for these counties through the implementation of the I/M program.  In determining approvability of a plan, the commission will consider federal I/M program requirements.

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

               (A)  Beginning May 1, 2002, all 1996 and newer model year vehicles equipped with OBD systems shall be tested using EPA-approved OBD test procedures.  If OBD data cannot be collected from the vehicle, an EPA-approved tail-pipe emissions test will be used.

               (B)  Beginning  May 1, 2002, all pre-1996 vehicles shall be tested using a TSI 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 inspection and maintenance 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 their 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, a minimum expenditure waiver, or a parts availability time extension.

          (6)  A motorist whose vehicle is registered in the DFW, EDFW, HGA, or El Paso program areas 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 revised Texas I/M SIP.

          (7)  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 §114.52 of this title (relating to Waivers and Extensions for 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 vehicle inspection report (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 revised 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 revised 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 the 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 December 6, 2000, Effective January 18, 2001
**** end tx 114.50 adopted by TNRCC 12/06/2000 ******ebze*d32*****c14**


§114.51.  Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57265) 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 adopted by TNRCC 12/06/2000 ******ebze*d32*****c14**


§114.52.  Waivers and Extensions for Inspection Requirements.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57265) effective December 14, 2001 (TXd32)

     (a)  Applicability.  The waivers and extensions apply to any motorist who can satisfy the conditions of a specific waiver or extension.  Applications must be made to the Department of Public Safety (DPS).  For the minimum expenditure waiver, individual vehicle waiver, and parts availability time extension, the motorist may apply only once during each testing cycle.  For the low income time extension, the motorist may apply every other test cycle.

     (b)  Minimum expenditure waiver.  A motorist shall use any available warranty coverage to obtain needed repairs before expenditures shall be used in calculating the minimum repair expenditures to qualify for a minimum expenditure waiver, unless the warranty remedy has been denied in writing from the manufacturer or authorized dealer.  A motorist may not use or attempt to use expenditures for tampering-related repairs in calculating the minimum repair expenditures to qualify for a minimum expenditure waiver.  A minimum expenditure waiver shall be valid for the remaining portion of the testing cycle.  Tampering includes, but is not limited to, engine modifications, emissions system modifications, or fuel-type modifications disapproved by the Texas Natural Resource Conservation Commission or EPA.  A minimum expenditure waiver may be granted in accordance with the following conditions:

          (1)  The applicant must have a valid retest Vehicle Inspection Report (VIR), a valid Vehicle Repair Form (VRF), and the vehicle must have failed a retest after all qualifying repairs. Qualifying repairs must meet the following conditions.

               (A)  The minimum expenditure waiver in any program area shall be at least $450 or that amount adjusted by the Consumer Price Index.

               (B)  All qualifying repairs shall be performed by a Recognized Emissions Repair Technician of Texas (as designated by DPS) in order to count labor cost and/or diagnostic costs.

               (C)  Qualifying repairs must be directly applicable to the cause for the test failure (repairs conducted up to 60 days prior to the initial test may count toward the waiver amount).

               (D)  When repairs are not performed by a Recognized Emissions Repair Technician of Texas, only the purchase price of parts, applicable to the failure, qualify as a repair expenditure for the minimum expenditure waiver.

          (2)  The motorist provides to the DPS an original retest VIR, a properly completed VRF, and an original itemized receipt indicating the emissions-related repairs performed.  If labor and/or diagnostic charges are being claimed toward the minimum expenditure, the VRF shall be completed by a Recognized Emissions Repair Technician of Texas.

     (c)  Low income time extension.  A low income time extension may be granted in accordance with the following conditions.

          (1)  A motorist must supply proof that the subject vehicle failed the initial emissions inspection test in the form of an original failed vehicle inspection report.

          (2)  A motorist shall provide proof in writing to the DPS that the registered vehicle owner(s) meet(s) the following conditions:

               (A)  the low income time extension applicant is the owner of the vehicle that has failed an inspection and maintenance (I/M) test;
               (B)  the vehicle has not been granted a low income time extension waiver in the previous inspection cycle; and

               (C)  the applicant meets one of the following:

                    (i)  the applicant receives financial assistance from the Texas Department of Human Services (subject to approval by the director of DPS); or

                    (ii)  the applicant's adjusted gross income is within the current federal poverty income guidelines;

               (D)  the applicant shows proof of conformity with paragraph (2)(C) of this subsection by providing to the DPS one of the following, which the applicant certifies are true and correct:

                    (i)  a federal income tax return; or

                    (ii)  other documentation authorized by the director of the DPS.

          (3)  After a motorist receives an initial low income time extension, the vehicle must pass an emissions test prior to receiving another low income time extension or any waiver or extension.

     (d)  Parts availability time extension.  The parts availability time extension does not exempt the vehicle from the compliance requirements of the I/M program but merely extends the period for compliance.  By the end of the time extended, the vehicle must be repaired, retested, and receive a passing VIR or comply with paragraph (4) of this subsection.  Only one parts availability time extension is allowed in each test cycle for each vehicle.  A parts availability time extension may be granted in accordance with the following conditions.

          (1)  The motorist can document that emissions-related repairs cannot be completed before the expiration of the safety inspection certificate or before the 30-day period following an out-of-cycle inspection because the repairs require an uncommon part.

          (2)  The motorist shall provide to the DPS an original VIR indicating that the vehicle failed the emissions test and an original itemized documentation by a Recognized Emissions Repair Technician of Texas, indicating parts ordered by name; description and catalog number; order number; sources of parts, including addresses and phone numbers; and expected delivery and installation dates of uncommon parts before a parts availability time extension can be issued.

          (3)  The motorist shall return the motor vehicle to the DPS for a retest and verification of repairs upon completion of the repairs.
          (4)  The motorist shall provide to the DPS, prior to expiration of a parts availability time extension, adequate documentation that one of the following conditions exists:

• • (A)  the motor vehicle passed a retest;

               (B)  the motorist qualifies for a Minimum Expenditure Waiver or Low Income Time Extension; or

               (C)  the motor vehicle shall no longer be operated in the program area.

          (5)  A vehicle which receives a parts availability time extension in one test cycle must have the vehicle repaired and retested prior to the expiration of such extension or the vehicle shall be ineligible for a parts availability time extension in the subsequent test cycle in addition to other penalties authorized for non-compliance.

          (6)  The length of a parts availability time extension shall depend upon expected delivery and installation dates of uncommon parts as determined by the DPS representative on a case- by-case basis and issued for either 30, 60, or 90 days or longer if necessary, but shall not exceed one test cycle.

     (e)  Individual vehicle waiver.  If a vehicle has failed an I/M test, a motorist may petition the director of the DPS for an individual vehicle waiver.  Upon demonstration that the motorist has taken reasonable measures to comply with the requirements of the vehicle emissions I/M program contained in the revised Texas I/M State Implementation Plan and that such waiver shall have minimal impact on air quality, the director may approve the petition, and the motorist may receive a waiver.  Motorists may apply for the individual vehicle waiver each test cycle.

Adopted December 6, 2000, Effective January 18, 2001
**** end tx 114.52 adopted by TNRCC 12/06/2000 ******ebze*d32*****c14**


§114.53.  Inspection and Maintenance Fees.
As adopted by TNRCC December 6, 2000, effective January 18, 2001.
Approved by EPA November 14, 2001 (66 FR 57265) effective December 14, 2001 (TXd32)

     (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 (TSI) 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 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)(5)(A) or (B) of this title (relating to Vehicle Emissions Inspection Requirements) shall collect a fee of $14.

          (3)  In the Dallas/Fort Worth (DFW) 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), and in the extended DFW (EDFW) 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 of $22.50.

          (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); 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)(C) or (D); and beginning May 1, 2004, any emissions inspection station in Chambers, Liberty, and Waller Counties required to conduct an emissions test in accordance with §114.50(a)(4)(E) or (F) shall collect a fee of  $22.50.

     (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 December 6, 2000, Effective January 18, 2001
**** end tx 114.53 adopted by TNRCC 12/06/2000 ******ebze*d32*****c14**
*********end tx chapter 114 subchapter c**********ebze*d32*****c14**