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 3:  EARLY ACTION COMPACT COUNTIES
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

Outline:
§114.80.  Applicability. 4-57, TXd60
§114.81.  Vehicle Emissions Inspection Requirements. 4-57, TXd60
§114.82.  Control Requirements. 4-57, TXd60
§114.83.  Waivers and Extensions. 4-57, TXd60
§114.84.  Prohibitions. 4-57, TXd60
§114.85.  Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers. 4-57, TXd60
§114.86.  Low Income Repair Assistance Program (LIRAP) for Participating Early Action Compact Counties. 4-57, TXd60
§114.87.  Inspection and Maintenance Fees. 4-57, TXd60



§114.80.  Applicability.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     (a)  The requirements of this section apply only to counties that have adopted an early action compact (EAC) clean air action plan, and that along with the largest municipality in each county have submitted to the commission a resolution requesting implementation of a vehicle inspection and maintenance (I/M) program in that county.

     (b)  Travis and Williamson Counties are the only counties in the Austin/Round Rock metropolitan statistical area affected by subsections (a) and (c) of this section.

     (c)  The EAC I/M program requires all gasoline-powered motor vehicles 2 - 24 years old that are registered and primarily operated in Travis and Williamson Counties to undergo an annual emissions inspection, beginning with the first safety inspection.  Military tactical vehicles, motorcycles, diesel-powered vehicles, dual-fueled vehicles that 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 shall inspect all subject vehicles.

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.80***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.81.  Vehicle Emissions Inspection Requirements.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     This section applies to all vehicles registered and primarily operated, as defined in §114.2 of this title (relating to Inspection and Maintenance (I/M) Definitions), in the affected early action compact (EAC) program counties, except as provided in §114.80 of this title (relating to Applicability).

          (1)  Beginning September 1, 2005, all 1996 and newer model year vehicles registered and primarily operated in affected EAC counties equipped with on-board diagnostic (OBD) systems must be tested using United States Environmental Protection Agency (EPA)-approved OBD test procedures.

          (2)  Beginning September 1, 2005, all pre-1996 model year vehicles registered and primarily operated in affected EAC counties must be tested using a two-speed idle (TSI) test, or a vehicle emissions test that meets state implementation plan emissions reduction requirements and is approved by the EPA.

          (3)  All vehicle emissions inspection stations in affected EAC program counties shall offer both the OBD test and the TSI test.

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.81***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.82.  Control Requirements.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).  
Not in SIP: Subsection 114.82(b).

     (a)  No person or entity may operate, or allow the operation of, a motor vehicle registered in the affected early action compact (EAC) counties that does not comply with:

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

          (2)  the vehicle emissions inspection and maintenance (I/M) requirements contained in this subchapter.

     (b)  NOT IN SIP.

     (c)  A motorist in an affected EAC county who has received a notice from an emissions inspection station that there are unresolved recall items on the motor vehicle, shall 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.

     (d)  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 cost of the retest is free.

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

     (f)  A motorist whose vehicle is registered in an affected EAC county, or in any county adjacent to an affected EAC county, and has failed an on-road test administered by the DPS shall:

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

          (2)  satisfy all inspection, extension, or waiver requirements of the vehicle emissions I/M program contained in the Austin Area Early Action Compact Ozone State Implementation Plan Revision.

     (g)  A vehicle registered in a county without an I/M program that meets the applicability criteria of §114.80(c) of this title (relating to Applicability), and the ownership of which has changed through a retail sale as defined by Texas Motor Vehicle Commission Code, Article 4413(36), §1.03 (moved to Texas Occupations Code, §2301.002, effective June 1, 2003), is not eligible for title receipt or registration in an affected EAC program 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 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 subsection.

     (h)  State, governmental, and quasi-governmental agencies that fall outside the normal registration or inspection process shall comply with all vehicle emissions I/M requirements contained in the Austin Area Early Action Compact Ozone State Implementation Plan Revision for vehicles primarily operated in I/M program areas.

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.82***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.83.  Waivers and Extensions.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     A motorist may apply to the Texas Department of Public Safety for a waiver or an extension as specified in 37 TAC §23.93 (relating to Vehicle Emissions Inspection Requirements), which defers the need for full compliance with vehicle emissions standards for a specified period of time after failing a vehicle emissions inspection.

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.83***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.84.  Prohibitions.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     (a)  No person may issue or allow the issuance of a vehicle inspection report, as authorized by the Texas Department of Public Safety (DPS), unless all applicable air pollution emissions control-related requirements of the annual vehicle safety inspection and the vehicle emissions inspection and maintenance (I/M) requirements and procedures contained in the Austin Area Early Action Compact Ozone State Implementation Plan Revision 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 executive director shall consult with DPS.

     (b)  No person may allow or participate in the preparation, duplication, sale, distribution, or use of false, counterfeit, or stolen safety inspection certificates, vehicle inspection reports, vehicle repair forms, vehicle emissions repair documentation, or other documents that may be used to circumvent the vehicle emissions I/M requirements and procedures contained in the Austin Area Early Action Compact Ozone State Implementation Plan Revision.

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

     (d)  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.   Requirements to become a DPS Recognized Emission Repair Technician are contained in 37 TAC §23.93 (relating to Vehicle Emissions Inspection Requirements).

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.84***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.85.  Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     Guidelines for approval of an exhaust gas analyzer or analyzer system for use in the Texas Inspection and Maintenance program are contained in §114.51 of this title (relating to Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers).

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.85***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.86.  Low Income Repair Assistance Program (LIRAP) for Participating Early Action Compact Counties.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     (a)  Affected early action compact counties opting to implement a Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program shall meet the provisions contained in Subchapter C, Division 2 of this chapter (relating to Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement).

     (b)  The executive director shall provide funding for the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program with available funds from fees collected under §114.87 of this title (relating to Inspection and Maintenance Fees) or other designated and available funds.

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.86***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***


§114.87.  Inspection and Maintenance Fees.
As adopted November 17, 2004, by TCEQ effective December 9, 2004 (4-57).
Approved by EPA August 8, 2005 (70 FR 45542) effective September 7, 2005 (TXd60).

     (a)  The following fees must be paid for an emissions inspection of a vehicle at an inspection station in an affected early action compact program county.  This fee must include one free retest if the vehicle fails the emissions inspection, provided that the motorist has the retest performed at the same station where the vehicle originally failed; the motorist 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.  In Travis and Williamson Counties beginning September 1, 2005, any emissions inspection station required to conduct an emissions test in accordance with §114.80 of this title (relating to Applicability) shall collect a fee not to exceed $16 and shall remit $4.50 to the Texas Department of Public Safety (DPS) for each on-board diagnostic and two-speed idle test.

     (b)  The per-vehicle fee and the amount the inspection station remits to DPS for a challenge test, at an inspection station designated by DPS, must be the same as the amounts specified in subsection (a) of this section.  The challenge fee must 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 resulting from written notification that the subject vehicle failed on-road testing (remote sensing) shall charge a motorist for an out-of-cycle emissions inspection in the amount specified in subsection (a) of this section.  If the vehicle passes the vehicle emissions inspection, the vehicle owner may request reimbursement from DPS.

Adopted November 17, 2004, Effective December 9, 2004 (4-57).
***end tx 114.87***4-57***EPA-R06-OAR-2005-TX-0011***TX017***TXd60***h3c***
*************end texas chapter 114 subchapter c division 3***TXd60***h3c***