Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 114.
CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES
The Texas Commission on Environmental Quality (commission) proposes
amendments to §§114.2, 114.50, 114.51, and 114.53; and corresponding
revisions to the Texas Inspection and Maintenance (I/M) State Implementation
Plan (SIP).
The commission proposes these revisions to Chapter 114, Control of Air
Pollution from Motor Vehicles, and to the SIP in order to control ground-level
ozone in the El Paso ozone nonattainment area. The amendments and associated
El Paso Motor Vehicle Emissions I/M SIP will be submitted to the United States
Environmental Protection Agency (EPA).
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The federal I/M regulations for ozone nonattainment areas classified as
"serious" require that on- board diagnostic (OBD) testing be implemented beginning
January 1, 2002. Those regulations also provide an option for an extension
of up to 12 months, if a state could show good cause. In a prior I/M rulemaking
effective November 20, 2001, the commission submitted a request for a one-year
extension to delay the implementation of OBD testing requirements in the El
Paso ozone nonattainment area. This action was taken based on the El Paso
area having experienced five years with no monitored violations of the ozone
standard. At the time, the commission revised the I/M rules to delay implementation
of the OBD testing requirement in the El Paso program area until January 1,
2003, to allow the commission time to explore viable options and to take into
consideration any changes in El Paso's attainment status.
At the request of community leaders and elected officials in El Paso, the
commission adopted rules (December 2002) revising the I/M rules and exempting
El Paso from OBD testing since El Paso had experienced five years with no
monitored violations of the ozone standard. This was achieved through the
implementation of volatile organic compounds (VOC) control strategies including
the two-speed idle (TSI) vehicle emissions testing program for all two- to
24-year old gasoline-powered vehicles. Because El Paso reached attainment
prior to the EPA's deadline for OBD-I/M startup (January 1, 2002) and OBD
had not already been implemented, the commission removed the requirement in
the rules for OBD implementation to begin in El Paso as of January 1, 2003.
The OBD requirement was converted to a contingency measure. The contingency
measure would be invoked by the commission with a notice in the
Texas Register
that OBD testing was required for the El Paso area to
maintain attainment of the ozone national ambient air quality standard (NAAQS).
The El Paso I/M program area would be required to initiate OBD testing 12
months after publication of the notice.
The current rules require El Paso to continue TSI testing of all subject
vehicles. The current rules also require OBD testing contingent upon the commission
publishing a
Texas Register
notice that OBD
testing is required for the El Paso area to maintain attainment of the ozone
NAAQS. The El Paso I/M program area is required to initiate OBD testing 12
months after publication of the notice.
Since the adoption of OBD as a contingency measure, the commission has
become aware that many of the current TSI analyzers in place have become outdated
and can no longer be effectively serviced. These analyzers will be unlikely
to continue to operate properly due to lack of internal replacement components,
and may not meet the state's minimum specifications required to provide critical
vehicle inspection information to the Texas Information Management System
(TIMS). Manufacturers have raised concerns about the feasibility of servicing
these old analyzers and about the expense and availability of parts. Additionally,
station owners are faced with expensive repairs that are required much more
frequently because of the age of the analyzers.
In El Paso County, 37 of the 219 stations with analyzers can be updated
with the proper equipment and software to meet current specifications. These
analyzers can be updated with OBD testing equipment for an affordable cost
of $1,200 to $2,500 per analyzer. All new TSI-OBD analyzers now being sold
meet current specifications and operate on the current software that meets
TIMS requirements.
Additionally, the commission has recognized that the vehicle fleet age
in El Paso County is increasingly becoming OBD-compliant beginning with model
year 1996 vehicles. Over half of the registered vehicles in El Paso County
are model year 1996 and newer. The combination of the necessity of upgrading
the testing network and a vehicle fleet becoming more OBD compliant has precipitated
the proposed changes to the I/M program for El Paso County.
The amendments proposed in this rulemaking would require TSI and OBD testing
in the El Paso I/M program area beginning May 1, 2006. The proposed amendments
would revise rules related to the implementation of the state's I/M program
in El Paso. The proposed rulemaking would require all gasoline-powered 1996
and newer model year motor vehicles equipped with OBD systems registered and
primarily operated in El Paso County to be tested using EPA-approved OBD test
procedures. All pre-1996 model year gasoline-powered motor vehicles registered
and primarily operated in El Paso County would be tested using the EPA-approved
TSI test. Emissions test stations in the El Paso program area would be required
to offer both TSI testing and OBD testing to the public. Additionally, the
proposal will reference updated vehicle emissions testing equipment specifications,
which now include new EPA OBD communications components, known as controller
area network (CAN).
This I/M program for El Paso is an important on-road mobile source control
strategy that would support an El Paso eight-hour ozone maintenance plan and
El Paso carbon monoxide redesignation maintenance plan.
SECTION BY SECTION DISCUSSION
Throughout this rulemaking package, minor administrative changes are proposed
to be consistent with
Texas Register
requirements
and other agency rules, for clarity, and for better readability.
Subchapter A, Definitions
The proposed amendment to §114.2, Inspection and Maintenance Definitions,
adds a new definition "Controller area network (CAN)" and renumbers the remaining
definitions accordingly. The new definition defines a term that is specific
to the state I/M program. Also, the title of Chapter 114, Subchapter C is
proposed to be updated in the introductory text of this section.
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
The proposed amendment to §114.50, Vehicle Emissions Inspection Requirements,
establishes revised program requirements for the state I/M program for vehicle
emissions testing and inspection. Section 114.50(a)(1) is proposed to be amended
by deleting the requirement that all vehicles registered and primarily operated
in Dallas, Tarrant, and Harris Counties shall be tested using a TSI test through
April 30, 2002, because TSI testing is no longer required in Dallas, Tarrant,
and Harris Counties. The currently existing paragraphs (2) - (5) are proposed
to be renumbered as paragraphs (1) - (4).
Proposed changes to §114.50(a)(4) delete subparagraphs (A) and (B),
which require all subject vehicles in El Paso to be tested using TSI, and
which converted to OBD testing as a contingency measure. New subparagraphs
(A) - (D) are proposed. Proposed new subparagraph (A) specifies the continuation
of TSI testing through April 30, 2006. Proposed new subparagraph (B) defines
model year vehicles to be tested using OBD in El Paso County beginning May
1, 2006. Proposed new subparagraph (C) defines model year vehicles to continue
to be tested using TSI. Proposed new subparagraph (D) requires that all vehicle
emissions inspection stations in the El Paso program area offer both TSI and
OBD tests to the public beginning May 1, 2006.
References made to complying with requirements contained in the Texas I/M
SIP are proposed to be deleted to clarify program requirements in §114.50(a)(1)(B),
(2)(B), (3)(B) and (E); (b)(2), (6)(B), and (8); and (d)(1) and (2). Section
114.50(b)(6)(B) is further modified by adding "specified in 37 TAC §23.93
(relating to Vehicle Emissions Inspection Requirements)." Section 114.50(d)(2)
is modified by adding "and to commit an offense specified in Texas Transportation
Code, §548.603 (relating to Fictitious or Counterfeit Inspection Certificate
or Insurance Document)."
The proposed amendment to §114.51, Equipment Evaluation Procedures
for Vehicle Exhaust Gas Analyzers, updates the requirements for vehicle emissions
testing equipment. This section currently specifies application, certification,
maintenance, and service requirements for manufacturers or distributors of
vehicle emissions testing equipment seeking approval of an exhaust gas analyzer
or analyzer system for use in the Texas I/M program. Section 114.51(a) currently
specifies a date of October 15, 2001, for the exhaust analyzer technical specifications
known as "Specifications for Vehicle Exhaust Gas Analyzer Systems for Use
in the Texas Vehicle Emissions Testing Program," and for "Specifications for
On-Board Diagnostics II for Use in the Texas Vehicle Emissions Testing Program."
The proposed amendment will update the reference to both vehicle emissions
testing equipment specifications with their new version date of May 1, 2005.
The revised specifications include a new EPA communications component requirement,
known as CAN.
Section 114.53, Inspection and Maintenance Fees, currently establishes
a fee schedule for the different counties, which must be paid for the vehicle
emissions inspection at an inspection station. Section 114.53(a)(1) is proposed
to be amended by deleting the TSI fee requirement associated with the proposed
deleted §114.50(a)(1), because TSI is no longer the required test in
Dallas, Tarrant, and Harris Counties. The currently existing paragraphs (2)
- (4) are proposed to be renumbered as paragraphs (1) - (3). There are no
changes proposed to the current annual emissions test fee of $14. Section
114.53(a)(1) provides that if a resolution is passed by the El Paso County
Commissioners Court to participate in the Low Income Vehicle Repair Assistance,
Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), there will be
an additional fee of $3.00, making the test fee in El Paso County $17 with
the administrative fee being $5.50 ($2.50 state administrative fee plus $3.00
to fund the LIRAP) from each TSI test fee. Proposed revisions to subsection
(a) specify that if a resolution is passed by the El Paso County Commissioners
Court to participate in LIRAP, the test fee in El Paso County would be $16
and the administrative fee would be $4.50 ($2.50 state administrative fee
plus $2.00 to fund the LIRAP) from each TSI or OBD test fee. These administrative
fees will be remitted to the Texas Department of Public Safety (DPS) by the
inspection station owners at the time inspection station owners purchase inspection
stickers. Also, proposed renumbered paragraphs (1) - (3) are modified to reflect
the renumbering of references, as discussed earlier in this preamble, and
the acronyms ASM-2 and OBD are added to improve clarity.
In addition to the proposed rule amendments, the proposed revisions to
the SIP narrative clarify the new program elements, such as applicability
changes; performance standards; emissions testing network type; adequate tools
and resources; emissions testing; affected vehicle populations; test procedures,
standards, and test equipment; motorist compliance enforcement; and the implementation
schedule.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Walter Perry, Analyst, Strategic Planning and Grants Management Section,
has determined that for the first five-year period the proposed rules requiring
OBD testing are in effect, fiscal implications are anticipated for units of
state or local government in El Paso County that conduct their own vehicle
inspections. If the El Paso County Commissioners Court decides to join the
LIRAP, additional revenue would be generated for the agency and deposited
into Fund 151. Fiscal implications would then be anticipated for other units
of state or local governments in El Paso County that utilize vehicle fleets
that would be subject to the LIRAP fee.
The proposed rulemaking would amend sections of Chapter 114 that deal with
vehicle emissions, inspection, and maintenance. The revisions to Chapter 114
and to the SIP are proposed in order to control ground-level ozone in the
El Paso ozone nonattainment area. The proposed rules clarify language and
amend requirements for El Paso County with regard to emission testing for
vehicles by requiring OBD testing beginning May 1, 2006, in addition to TSI
testing that currently occurs. The proposed rulemaking would also lower the
per vehicle fee that would be assessed in support of the LIRAP in El Paso
County to encourage that county to participate in the program. If the El Paso
County Commissioners Court decides to participate in the program, additional
fee revenue for the agency is expected. If the County Commissioners Court
decides not to participate, there would be no fiscal impact to the state.
The amendments and associated El Paso Motor Vehicle Emissions I/M SIP will
be submitted to the EPA. The proposed rules for OBD testing are not expected
to result in fiscal implications for units of state and local government unless
they decide to conduct their own vehicle inspections, which would require
the purchase of additional or new equipment.
Cost Implications to State Agencies
The proposed rules for OBD testing may have fiscal implications for any
state agency that conducts its own vehicle inspections. The proposed rulemaking
would require any facility that conducts emissions testing to upgrade or replace
its equipment to comply with the OBD testing requirement. The anticipated
cost to upgrade the equipment is projected to be between $1,200 and $2,500
per analyzer. The cost to purchase new equipment is projected to be $15,000
per analyzer. Currently, the DPS and the Texas Department of Transportation
(TxDOT) are the only state entities that own emissions testing analyzers in
El Paso County. DPS does not test its own vehicles, but uses its analyzer
for waiver/challenge requests by vehicle owners. DPS has indicated that the
agency will likely replace its current analyzer at a cost of $15,000. TxDOT
uses its analyzer to test its vehicles and has indicated that the agency's
analyzer is upgradeable to handle OBD testing requirements. The cost for the
upgrade is expected to be as high as $2,500. The cost implications to the
state, related to emissions test analyzers meeting the proposed requirements,
is expected to be $17,500.
If the El Paso County Commissioners Court decides to participate in the
LIRAP, state agencies that own vehicles in El Paso County would incur increased
costs for each vehicle that is subject to emissions testing. The costs for
emissions testing would increase by $2.00 per vehicle. According to TxDOT
vehicle registration records, 1,055 vehicles are registered in El Paso County
to local and state governments and other exempt entities such as school districts.
According to records from the Texas Building and Procurement Commission, DPS,
and TxDOT, there are 388 state vehicles that are two to 24 years old, gasoline-powered,
and registered or primarily operated in El Paso County. DPS operates up to
70 subject vehicles in El Paso County, while TxDOT operates 102 subject vehicles
in the county. If the El Paso County Commissioners Court decides to participate
in LIRAP, the cost to the state would be $776 annually.
Revenue Implications
If the El Paso County Commissioners Court decides to participate in the
LIRAP, funding may increase by as much as $838,644 per year. There are an
estimated 419,322 registered vehicles in El Paso County that may be subject
to vehicle emissions testing. The proposed rulemaking would decrease the fee
assessed to $2.00 per vehicle. The funding from the program would return to
the county in the form of pass-through grants and would help county residents
who may have difficulty financing needed repairs to their vehicles.
Cost Implications to Local Governments
Proposed changes for §114.50 and §114.51 would have a fiscal
impact for units of local government. There are currently nine local government/school
district facilities that perform vehicle emissions testing. Dependent upon
the type of analyzer currently being used, the cost for upgrade may be between
$1,200 and $2,500 if the analyzer can be upgraded or $15,000 if a new analyzer
must be purchased. If all nine facilities are required to purchase new analyzers,
the total cost to local governments would be $135,000. If the El Paso County
Commissioners Court votes to participate in the LIRAP, there would be an additional
fee of $2.00 for each vehicle that receives an emissions test. There are currently
1,055 vehicles owned by local government entities that would be subject to
the additional fee. Local government costs would increase by $2,110 if the
County Commissioners Court elected to participate.
PUBLIC BENEFITS AND COSTS
Mr. Perry also determined that for each year of the first five years the
proposed rules are in effect, the public benefit anticipated from the changes
seen in the proposed rules will be a reduction in pollutants that contribute
to the formation of ozone. Dependent upon the decision of the El Paso County
Commissioners Court to participate in the LIRAP, there would be a benefit
to county residents who may have difficulty financing needed repairs to their
vehicles.
The proposed rule changes would require facilities that conduct emissions
testing to purchase new equipment or, where possible, upgrade existing equipment
to continue participating in the inspection program once OBD testing begins
May 1, 2006. Currently, there are 219 facilities that perform safety inspections
in El Paso County. One facility is a privately owned fleet station that provides
inspections for privately owned fleet vehicles. Nine of the facilities are
government or school stations that perform inspections on government-owned
or school-owned vehicles. The remaining 209 facilities are privately owned
stations that perform inspections for the general public. The total cost for
the facilities to upgrade and replace the necessary equipment for conducting
inspections is projected to be $2,791,300. Under the current rules, if El
Paso County participated in the LIRAP, residents would be charged an additional
$3.00 for inspection fees. The proposed rule changes would reduce the additional
fee to $2.00.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
Fiscal implications, which could be adverse, are anticipated for small
or micro-businesses as a result of the proposed rulemaking. The amendments
would require facilities that conduct emissions testing to purchase new equipment
or, where possible, upgrade existing equipment to continue participating in
the inspection program once OBD testing begins May 1, 2006. It is not known
how many of the facilities conducting emissions testing are small or micro
businesses. However, a small or micro-business is expected to incur the same
costs as a large business. Equipment upgrades or replacements are estimated
to cost between $1,200 and $15,000. The cost for a small business is estimated
to range from approximately $12 to $150 per employee. For a micro-business,
the cost is estimated to range from approximately $60 to $750 per employee.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission reviewed this proposed rulemaking and determined that a
local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
A "major environmental rule" is a rule the specific intent of which is to
protect the environment or reduce risks to human health from environmental
exposure, and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state.
While the I/M program taken as a whole is intended to protect the environment
and reduce risks to human health from environmental exposure, the intent of
the proposed rules is to continue the program already in place while upgrading
the test options that are offered. Therefore, these amendments to Chapter
114 are not specifically intended to protect the environment or to reduce
risks to human health from environmental exposure. The rules will not have
an adverse material impact on the economy, productivity, competition, jobs,
the environment, or the public health and safety of the state or a sector
of the state, because the continuation of the existing program will not impose
new burdens on the public. If El Paso County chooses to participate in LIRAP,
the emissions test fee would increase by $2.00 per vehicle. The impact of
an increase of this amount would not be material. In addition, the benefits
of the LIRAP, including improved air quality, would accrue to the public in
the affected area. Operators of testing stations, as the regulated community,
will choose whether to upgrade or replace their test equipment, but will expect
to recoup the expense through the continuation of the I/M program. Operators
may elect not to participate in the vehicle emissions inspection and I/M program.
Texas Government Code, §2001.0225 only applies to a major environmental
rule, the result of which is to: 1) exceed a standard set by federal law,
unless the rule is specifically required by state law; 2) exceed an express
requirement of state law, unless the rule is specifically required by federal
law; 3) exceed a requirement of a delegation agreement or contract between
the state and an agency or representative of the federal government to implement
a state and federal program; or 4) adopt a rule solely under the general powers
of the agency instead of under a specific state law. The proposed rulemaking
does not meet any of the four applicability requirements. There is no contract
or delegation agreement that covers the topic that is the subject of this
rulemaking action. The I/M program was created specifically in response to
the requirements of the Federal Clean Air Act (FCAA) in 42 USC and the state
law implementing the program. Under 42 USC, §7410, states are required
to adopt a SIP that provides for "implementation, maintenance, and enforcement"
of the primary NAAQS in each air quality control region of the state. The
continuation of the I/M program with adjustments for improved technology,
as a strategy to maintain the ozone NAAQS, is in accord with existing law.
The commission invites public comment on the draft regulatory impact analysis
determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated the proposed amendments and performed an assessment
of whether Texas Government Code, Chapter 2007, is applicable. The commissions's
assessment indicates that Chapter 2007 does not apply to the proposed rules
because this is an action that is reasonably taken to fulfill an obligation
mandated by federal law, which is exempt under Texas Government Code, §2007.003(b)(4).
The primary purpose of this rulemaking action is to upgrade and continue the
existing emissions testing program in place in El Paso County as a SIP strategy
for the control of ground-level ozone in the El Paso ozone nonattainment area.
The proposed amendments require station operators to upgrade or replace emissions
testing equipment in order to continue to participate in the I/M program,
which was implemented under the FCAA and Texas Health and Safety Code (THSC), §§382.201
- 382.216. The requirement to upgrade emissions analyzers will assure the
continued availability of emissions testing to the public and will support
the availability of parts and service for the equipment. The proposed amendments
are not a government action that affects private real property in a manner
that restricts or limits an owner's right to the property that would otherwise
exist in the absence of a governmental action. Therefore, the proposed amendments
do not constitute a takings under Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking action and found that the
proposal is an action identified in Coastal Coordination Act Implementation
Rules, 31 TAC §505.11, or will affect an action/authorization identified
in §505.11, and therefore will require that applicable goals and policies
of the Texas Coastal Management Program (CMP) be considered during the rulemaking
process. The commission determined that under 31 TAC §505.22, the proposed
rulemaking action is consistent with the applicable CMP goals and policies.
The CMP goal applicable to this rulemaking action is the goal to protect,
preserve, and enhance the diversity, quality, quantity, functions, and values
of coastal natural resource areas (31 TAC §501.12(l)). No new sources
of air contaminants will be authorized and ozone levels will be reduced as
a result of the proposed rulemaking. The CMP policy applicable to this rulemaking
action is the policy that commission rules comply with regulations in 40 Code
of Federal Regulations (CFR) to protect and enhance air quality in the coastal
area (31 TAC §501.32). This rulemaking proposal will not have a detrimental
effect on SIP emission reduction obligations relating to maintenance of the
ozone NAAQS by continuing the existing TSI testing portion of the I/M program
and implementing new OBD testing requirements. This rulemaking action complies
with 40 CFR. Therefore, in compliance with 31 TAC §505.22(e), this rulemaking
action is consistent with CMP goals and policies. Interested persons may submit
comments regarding the consistency of the proposed rulemaking with the CMP
during the public comment period.
ANNOUNCEMENT OF HEARING
The commission will hold a public hearing on this proposal in El Paso on
July 19, 2005, at 6:30 p.m. at the City of El Paso Council Chambers, 2 Civic
Center Plaza, 2nd Floor. The hearing is structured for the receipt of oral
or written comments by interested persons. Open discussion will not be permitted
during the hearing; however, commission staff members will be available to
the discuss the proposal 30 minutes before the hearing and will answer questions
before and after the hearing.
Persons with disabilities who have special communications or other accommodation
needs who are planning to attend the hearing should contact Lola Brown at
(512) 239-0348. Requests should be made as far in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office
of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments must be
received by 5:00 p.m. on August 2, 2005. All comments should reference Rule
Project Number 2005-026-114-EN. For further information or questions concerning
this proposal, please contact Bob Wierzowiecki, Air Quality Planning and Implementation
Division, at (512) 239-1769.
Subchapter A. DEFINITIONS
30 TAC §114.2
STATUTORY AUTHORITY
The amendment is proposed under Texas Water Code (TWC), §5.102, concerning
General Powers, §5.103, concerning Rules, and §5.105, concerning
General Policy, which provide the commission with the general powers to carry
out its duties and authorize the commission to adopt rules necessary to carry
out its powers and duties under the TWC; and §5.013, which states the
commission's authority over various statutory programs. The amendment is also
proposed under THSC, §382.017, which authorizes the commission to adopt
rules consistent with the policy and purposes of THSC, Chapter 382 (the Texas
Clean Air Act (TCAA)), and to adopt rules that differentiate among particular
conditions, particular sources, and particular areas of the state. The amendment
is also proposed under THSC, §382.002, which establishes the commission's
purpose to safeguard the state's air resources, consistent with the protection
of public health, general welfare, and physical property; §382.011, which
authorizes the commission to administer the TCAA and to control the quality
of the state's air; §382.012, which authorizes the commission to prepare
and develop a general, comprehensive plan for the control of the state's air; §382.013,
which authorizes the commission to designate air quality control regions in
order to implement air quality standards; §382.019, which provides the
commission the authority to adopt rules that specify the method to be used
to control and reduce emissions from engines used to propel land vehicles; §382.202,
which provides the commission the authority by rule to establish, implement,
and administer a program requiring emissions-related inspections of motor
vehicles to be performed at inspection facilities; and §382.205, which
authorizes the commission to adopt standards and specifications for motor
vehicle emissions testing equipment.
The proposed amendment implements TWC, §§5.013, 5.102, 5.103,
and 5.105; and THSC, §§382.002, 382.011, 382.012, 382.019, 382.202,
and 382.205.
§114.2.Inspection and Maintenance Definitions.
Unless specifically defined in Texas Health and Safety Code, Chapter
382, also known as the Texas Clean Air Act (TCAA), or in the rules of the
commission, the terms used by the commission have the meanings commonly ascribed
to them in the field of air pollution control. In addition to the terms
that
[
(1)
Acceleration simulation mode (ASM-2) test - An emissions
test using a dynamometer (a set of rollers on which a test vehicle's tires
rest)
that
[
(A) - (B)
(No change.)
(2)
(No change.)
(3)
Controller area network (CAN)--A vehicle
manufacturer's communications protocol that connects to the various electronic
modules in a vehicle. CAN provides one protocol that collects information
from the vehicle's electronic systems including the on-board diagnostics (OBD)
emissions testing system. The United States Environmental Protection Agency
requires the CAN protocol to be installed in OBD-compliant vehicles beginning
with some model year 2003 vehicles and phasing in to all OBD-compliant vehicles
by the 2008 model year.
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(A)
the
Dallas-Fort Worth
[
(B)
the El Paso program area, consisting of El Paso County;
(C)
the
Houston-Galveston-Brazoria
[
(D)
the extended
Dallas-Fort Worth
[
(11)
[
(12)
[
(13)
[
(14)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 17, 2005.
TRD-200502509
Stephanie Bergeron Perdue
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: July 31, 2005
For further information, please call: (512) 239-0348
which
] are defined by the TCAA, the following words
and terms, when used in Subchapter C of this chapter (relating to Vehicle
Inspection and Maintenance
;
[
and
] Low Income Vehicle
Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
; and Early Action Compact Counties
), have the following meanings, unless
the context clearly indicates otherwise.
which
] applies an increasing load or resistance
to the drive train of a vehicle, thereby simulating actual tailpipe emissions
of a vehicle as it is moving and accelerating. The ASM-2 vehicle emissions
test is comprised of two phases:
(3)
] Low volume emissions inspection
station--A vehicle emissions inspection station that performs on-board diagnostics
(OBD) testing only and does not exceed 1,200 OBD tests per calendar year.
(4)
] Motorist--A person or other
entity responsible for the inspection, repair, and maintenance of a motor
vehicle, which may include, but is not limited to, owners and lessees.
(5)
] On-board diagnostic (OBD)
system--The computer system installed in a vehicle by the manufacturer
that
[
which
] monitors the performance of the vehicle emissions
control equipment, fuel metering system, and ignition system for the purpose
of detecting malfunction or deterioration in performance that would be expected
to cause the vehicle not to meet emissions standards. All references to OBD
should be interpreted to mean the second generation of this equipment, sometimes
referred to as OBD II.
(6)
] On-road test--Utilization
of remote sensing technology to identify vehicles operating within the inspection
and maintenance program areas that have a high probability of being high-emitters.
(7)
] Out-of-cycle test--Required
emissions test not associated with vehicle safety inspection testing cycle.
(8)
] Primarily operated--Use of
a motor vehicle greater than 60 calendar days per testing cycle in an affected
county. Motorists shall comply with emissions requirements for such counties.
It is presumed that a vehicle is primarily operated in the county in which
it is registered.
(9)
] Program area--County or counties
in which the Texas Department of Public Safety, in coordination with the commission,
administers the vehicle emissions inspection and maintenance program contained
in the Texas Inspection and Maintenance State Implementation Plan. These program
areas include:
Dallas/Fort Worth
] program area, consisting of the following counties: Dallas, Denton,
Collin, and Tarrant;
Houston/Galveston
] program area, consisting of Brazoria, Fort Bend, Galveston, Harris,
and Montgomery Counties; and
Dallas/Fort
Worth
] program area, consisting of Ellis, Johnson, Kaufman, Parker,
and Rockwall Counties. These counties
became
[
will become
] part of the program area as of May 1, 2003.
(10)
] Retests--Successive vehicle
emissions inspections following the failing of an initial test by a vehicle
during a single testing cycle.
(11)
] Testing cycle--Annual cycle
commencing with the first safety inspection certificate expiration date for
which a motor vehicle is subject to a vehicle emissions inspection.
(12)
] Two-speed idle (TSI) inspection
and maintenance test--A measurement of the tailpipe exhaust emissions of a
vehicle while the vehicle idles, first at a lower speed and then again at
a higher speed.
(13)
] Uncommon part--A part that
takes more than 30 days for expected delivery and installation, where a motorist
can prove that a reasonable attempt made to locate necessary emission control
parts by retail or wholesale part suppliers will exceed the remaining time
prior to expiration of the vehicle safety inspection certificate or the 30-day
period following an out-of-cycle inspection.
Subchapter C. VEHICLE INSPECTION AND MAINTENANCE; LOW INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM; AND EARLY ACTION COMPACT COUNTIES