EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 30. ENVIRONMENTAL QUALITY PART I. Texas Natural Resource Conservation Commission CHAPTER 330.Municipal Solid Waste SUBCHAPTER R.Management of Whole Used or Scrap Tires 30 TAC sec.330.860 The Texas Natural Resource Conservation Commission (commission) adopts on an emergency basis new sec.330.860 concerning the Special Authorization Priority Enforcement List. Emergency adoption of the new section is necessary to prevent imminent peril to the public health, safety or welfare. The commission has received numerous complaints from state, city and county health officials regarding the problems associated with whole tires piling up at generator locations primarily in the west Texas area. The concerns include fire, the creation of breeding grounds for mosquitoes, snakes and rodents, human health problems, as well as traffic safety due to tires piling up alongside roadways. Because generator locations are usually located in large population centers, the threat of fire is of particular concern since whole tire piles are easily ignited. An uncontrolled burning tire pile releases toxic chemicals into the air and may also result in contamination to groundwater. Specifically, the new section would establish the Special Authorization Priority Enforcement List (SAPEL) which would consist of waste tires generated in specially designated counties or regions which are not receiving adequate collection service and which, as set forth in sec.361.476, Health & Safety Code, pose a threat to public health and safety, or the environment. Additionally, the rules establish the framework for a contracting mechanism whereby the agency may contract with collection entities designated by the executive director for the collection and transportation of SAPEL tires. The commission has prepared a Takings Impact Assessment for this rule pursuant to Texas Government Code Annotated Section 2007.043. The following is a summary of that assessment. The specific purpose of the rule is to provide, on an emergency basis pending adoption on a permanent basis, a framework that will allow the commission to prevent imminent peril to the public health, safety and welfare by contracting with waste tire collection entities for the collection and transportation of scrap tires and tire pieces that are accumulating in certain west Texas counties and regions. The commission has received numerous complaints from state, city and county health officials regarding the problems associated with whole tires piling up at generator locations. Tire shreds have piled up at storage sites and scrap tires are not being collected from generator locations, raising the threat of fires, creation of breeding grounds for mosquitoes, snakes and rodents, and human health problems, as well as traffic safety due to tires piling up alongside roadways. The rule will substantially advance this specific purpose by establishing procedures for designating scrap and tire pieces as SAPEL in counties or regions not receiving adequate tire collection and which pose a threat to human health, safety and welfare. Under statutory authority, the commission may contract for collection of the tires. Promulgation and enforcement of this rule will not affect, or create a burden on, private real property because the rule pertains only to new procedures to facilitate the collection of accumulated scrap tires and tire pieces so as to eliminate the threat to public health, safety and welfare, as well as the environment. The rule may be considered less stringent than the existing rules to the extent that the agency will be reducing the burden on the regulated community by supplementing its efforts in carrying out a currently-uneconomical task. Except for the exemptions which are specified in Senate Bill 14 and addressed above, there are no other identifiable exemptions that would apply to this rulemaking. These rules are adopted on an emergency basis under the authority of the Health & Safety Code, sec.361.011 which charges the commission with the responsibility of managing solid waste, coordinating municipal solid waste activities, controlling all aspects of the management of municipal solid waste, and which grants the commission with the powers necessary or convenient to carry out those responsibilities; sec.361.024 which gives the commission the authority to adopt rules consistent with Chapter 361, Health & Safety Code; Texas Water Code, sec.5.229 which gives the executive director the authority to enter contracts on behalf of the commission; and Health & Safety Code, sec.sec.361.475, 361.476 and 361.477 and sec.361.484 which give the commission the authority to adopt rules necessary to implement Subchapter P, Health & Safety Code, relating to the Waste Tire Recycling Program. sec.330.860.Special Authorization Priority Enforcement List. (a) Special Authorization Priority Enforcement List (1) General. The Special Authorization Priority Enforcement List (SAPEL) consists of waste tires generated in specially designated counties or regions which are identified by the executive director as areas which are not receiving adequate collection service and which pose a threat to public health and safety or the environment. (A) The executive director may designate collection entities as necessary to ensure continuous and adequate collection of SAPEL tires. (B) The executive director may impose certain conditions on the SAPEL tire collection activities of designated collection entities as necessary to minimize disruption of activities at the generator locations and any other actions consistent with this subsection that are necessary to carry out the purposes of this section. (C) Implementation of this section is not intended to impair or reduce existing generator collection in areas of the state containing SAPEL tires if adequate collection service is currently provided. (D) The requirements of sec.330.878 of this title (relating to Special Authorization Tires), do not apply to SAPEL tires. (2) Relationship to Priority Enforcement List (PEL). The SAPEL shall be a component of the PEL and the number of tires on sites listed on the SAPEL shall be included in determining whether the total number of tires at sites contained on the PEL exceeds 2.5 million. Unless otherwise provided by the executive director, the requirements in sec.sec.330.861-330.870 of this title (relating to Priority Enforcement List; Potentially Responsible Party; Priority Enforcement List; Ranking of Illegal Waste Tire Sites; Assignment of PEL Sites; Pre PEL Clean-up Responsibilities; Site Clean-up Agreement; Approval to Collect and Process Tires from PEL Sites; Post PEL Clean-up Responsibilities; and Authority of Commission Personnel), do not apply to the SAPEL or SAPEL process. (3) Generator responsibility. A generator desiring to have tires located at his site listed on the SAPEL shall cooperate fully with executive director instructions. A generator shall make his site available for access by designated collection entities for SAPEL tire collection. Failure to comply may result in tires at that site being ineligible for listing on the SAPEL. (b) SAPEL Contract. (1) General. (A) The executive director may contract with designated collection entities as necessary to ensure adequate collection of SAPEL tires. (B) SAPEL tire and tire pieces are eligible for reimbursement as long as all applicable requirements relating to reimbursement and end use set forth in this subchapter are satisfied. Any available reimbursement shall be reduced by the amount of transportation costs paid on a tire under a contract issued under this section. (2) As part of the SAPEL contract, a designated collection entity may be required to comply with the following: (A) for entities currently providing scrap tire collection, proof that their participation in the SAPEL contract process shall not impair or reduce their existing generator collection routes; (B) attempt to the maximum extent possible to deliver SAPEL tires to an end user; (C) special manifesting and reporting requirements; (D) provide proof of ability to ensure adequate collection service for sites containing SAPEL tires; and (E) any other requirements as necessary which are consistent with this section, and will facilitate cleanup of SAPEL tires and protect human health, safety and the environment. Issued in Austin, Texas, on June 26, 1996. TRD-9609169 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: June 26, 1996 Expiration date: October 24, 1996 For further information, please call: (512) 239-1970 PART I. Texas Department of Public Safety CHAPTER 23.Vehicle Inspection Vehicle Emissions Inspection and Maintenance Program 37 TAC sec.23.93 (Editor's Note: The following Emergency adoption to sec.23.93 was inadvertently omitted from the July 5, 1996, issue of the Texas Register due to technical problems. The effective date of the following emergency adoption is July 1, 1996) The Texas Department of Public Safety adopts on an emergency basis new sec.23.93 concerning vehicle inspection. The new section will implement the provisions of Executive Order GWB96-1 as authorized by Senate Bill 178, 74th Legislature, 1995, which requires the Texas Department of Public Safety in cooperation with the Texas Natural Resource Conservation Commission (TNRCC) to implement a Vehicle Emissions Inspection and Maintenance Program necessary for the state. The department finds that adoption of this rule on fewer than 30 days notice is required because implementation date of the program is July 1, 1996. New sec.23.93 establishes a vehicle emissions inspection program in Harris County and modifies the program in Dallas, Tarrant, and El Paso counties to comply with the Revised Texas Inspection and Maintenance State Implementation Plan (SIP). sec.23.93 further provides definitions, specific requirements for testing particular year models, and rules and regulations for inspectors and inspection stations. The rule is adopted on an emergency basis pursuant to the Texas Health and Safety Code, Chapter 382, and the Texas Clean Air Act (TCAA), which provides the department with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.23.93.Vehicle Emissions Inspection Requirements. (a) General. The rules of the Texas Department of Public Safety set out herein are to maintain compliance with the Texas Clean Air Act. The department is authorized to establish and implement an emissions program that is a part of the annual vehicle safety inspection program, in accordance with the Health and Safety Code, Chapter 382 and rules adopted thereunder. (b) Terms and/or Definitions. Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the Texas Department of Public Safety (DPS), the terms used by the DPS have the meanings commonly ascribed to them in the fields of air pollution control and vehicle inspection. In addition to the terms which are defined by the TCAA, the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Adjusted annually - refers to percentage, if any, by which the Consumer Price Index (CPI) for the preceding calendar year differs (as of August 31) from the CPI for 1989; adjustments shall be effective on January 1 of each year. (2) Department - refers to the Texas Department of Public Safety. (3) Designated Counties - refers to Dallas and Tarrant counties effective July 1, 1996, through December 31, 1996. Dallas, El Paso, Harris, and Tarrant counties effective January 1, 1997, and thereafter. (4) Designated Vehicles - refers to all motor vehicles, as defined in the Texas Transportation Code, sec.541.201, unless otherwise exempted or excepted, that are: (A) capable of being powered by gasoline; (B) from two years old to and including twenty-four years old; and (C) registered in or required to be registered in and primarily operated in a designated county; or primarily operated in a designated county. (5) Director - refers to the director of the Texas Department of Public Safety or the designee of the director. (6) Emissions control component - refers to a device designed to control or reduce the emissions of substances from a motor vehicle or motor vehicle engine, of a model year of 1968 or later and installed on or incorporated in a motor vehicle or motor vehicle engine in compliance with requirements imposed by the Motor Vehicle Air Pollution Control Act (42 U.S.C. sec.1857 et. seq.) or other applicable law. This term shall include, but not be limited to the following components: air pump; catalytic converter; coil; distributor; evaporative canister; gas cap; exhaust gas recirculation (EGR) valve; fuel filler cap; ignition wires; oxygen sensor; positive crank case ventilation (PCV) valve; spark plugs; thermal reactor; gas cap; and hoses, gaskets, belts, clamps, brackets, filters or other accessories and maintenance items related to these emissions control components and systems. (7) Emissions tune-up - refers to a basic tune-up along with functional checks and any necessary replacement or repair of emissions control components. (8) EPA - refers to the United States Environmental Protection Agency; the federal agency that monitors and protects air and water resources. (9) Exempt vehicles - refers to vehicles otherwise considered "designated vehicles" that are: (A) antique vehicles, as defined by Texas Transportation Code, sec.502.275; (B) circus vehicles are defined as vehicles registered to an entity engaged in the business of a commercial variety show featuring animal acts for public entertainment, and which is licensed by the Texas Board of Health under the Health and Safety Code, Chapter 824. (C) slow-moving vehicles as defined by Texas Transportation Code, sec.547.001; or (D) motorcycles as defined by Texas Transportation Code, sec.502.001. (10) First safety inspection certificate - refers to the initial inspection certificate issued by a DPS certified inspection station for a new motor vehicle that qualifies for a two-year initial inspection certificate in accordance with the Texas Transportation Code, sec.548.102. (11) I/M - refers to Inspection and Maintenance. (12) Inspection station - refers to an inspection station/facility as defined in the Texas Transportation Code, sec.548.001. (13) Inspector - refers to an inspector as defined in the Texas Transportation Code, sec.548.001. (14) Loaded mode I/M test - refers to an emissions test that measures the tailpipe exhaust emissions of a vehicle while the drive wheel rotates on a dynamometer, which simulates the full weight of the vehicle driving down a level roadway. Loaded mode I/M test equipment specifications shall meet EPA requirements for Acceleration Simulation Modes equipment. (15) Motorist - refers to a person or other entity responsible for the inspection, repair, maintenance or operation of a motor vehicle, which may include, but is not limited to, owners and lessees. (16) Nonattainment area - refers to any portion of an air quality control region where any pollutant exceeds the national ambient air quality standards for the pollutant as designated pursuant to the Federal Clean Air Act (FCAA). (17) Out-of-cycle test - refers to an emissions test not associated with the annual vehicle safety inspection testing cycle. (18) Person - refers to a human being, a partnership or a corporation that is recognized by law as the subject of rights and duties. (19) Primarily operated in - refers to the use of a motor vehicle greater than 60 continuous days per year in a county. (20) Program area - refers to Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Harris, Galveston, Liberty, Montgomery, Tarrant, and Waller counties. (21) Re-test - refers to a successive vehicle emissions inspection following the failing of an initial emissions test by a vehicle during a single testing cycle. (22) Revised Texas I/M SIP - refers to the Texas Inspection and Maintenance State Implementation Plan which includes the procedures and requirements of the vehicle emissions inspection and maintenance program as revised May 29, 1996, in accordance with Chapter 40, Code of Federal Regulations (CFR), Part 51, Subpart S, issued November 5, 1992; the EPA flexibility amendments dated September 18, 1995; and the National Highway Systems Designation Act of 1995. (23) Safety inspection - refers to a compulsory vehicle inspection performed as required by Texas Transportation Code, Chapter 548, by an official inspection station issued a certificate of appointment by the department. (24) Safety inspection certificate - refers to an inspection certificate issued under Texas Transportation Code, Chapter 548, after a safety inspection as defined herein. (25) Tampering-related repairs - refers to repairs to correct tampering modifications, including but not limited to engine modifications, emissions system modifications, or fuel-type modifications disapproved by the TNRCC or the EPA. (26) Testing cycle - refers to an annual or biennial cycle commencing with the first safety inspection certificate expiration date for which a motor vehicle is subject to a vehicle emissions inspection. (27) Test only facilities - refers to inspection facilities certified to do emissions testing that are not engaged in repairing emissions control components of vehicles. Acceptable repairs in test-only facilities shall be oil changes, air filter changes, repairs and/or maintenance of non-emissions control components, and the sale of auto convenience items. (28) Test and repair facilities - refers to inspection facilities certified to do emissions testing that engage in repairing, replacing and/or maintaining emissions control components of a vehicle. (29) TNRCC - refers to the Texas Natural Resource Conservation Commission. (30) Two years old - refers to a vehicle on the date of the second anniversary of the vehicle's first sale. For vehicles originally sold and registered in Texas, it will be presumed that the date of the second anniversary of the vehicle's first sale will be upon the expiration of the two-year safety inspection certificate unless the person seeking the safety inspection presents appropriate proof otherwise. On all vehicles that do not have a two-year safety inspection certificate it will be presumed that the date of the second anniversary of the vehicle's first sale will be the last day of September of the year model of the vehicle, unless the person seeking the safety inspection certificate presents appropriate proof otherwise. Appropriate proof will be in the form of any one of the following documents that include the date of the first sale: a bill of sale; a retail installment contract; the manufacturer's statement of origin; a purchase agreement; an extended warranty contract; or the first issued registration receipt. (31) Uncommon part - refers to a part that takes more than 30 days for expected delivery and installation. (32) VIR - refers to the Vehicle Inspection Report. (33) VRF - refers to the Vehicle Repair Form. (c) Applicability. Beginning July 1, 1996, the requirements of this section and those contained in the Revised Texas I/M SIP shall be applied to designated vehicles, as defined herein, and to vehicle inspection stations and inspectors certified by the department to inspect vehicles in the designated counties. (d) Control requirements. (1) In designated counties, in order to be certified by the department as a vehicle inspection station, the vehicle inspection station must be certified by the department to do emissions testing. This provision does not apply to vehicle inspection stations certified by the department as vehicle inspection stations prior to July 1, 1996, or to vehicle inspection stations endorsed only to issue one or more of the following inspection certificates: trailer certificates, motorcycle certificates, commercial windshield certificates, commercial trailer certificates (2) In designated counties, only department certified inspection stations that are certified by the department to do emissions testing may perform the annual safety inspection on designated vehicles. (3) An inspection station in a county not "designated" herein shall not inspect a designated vehicle unless the inspection station is certified by the department to do emissions testing, unless: (A) the motorist presenting the vehicle provides proof in a form approved by the department that the vehicle is no longer a designated vehicle; (B) the motorist presenting the vehicle signs a sworn affidavit, on a form provided by the department, stating that the vehicle no longer qualifies as a designated vehicle. This form will be forwarded to the appropriate vehicle inspection office of the department for verification; or (C) the motorist presenting the vehicle signs a sworn affidavit, on a form provided by the department, stating the vehicle will not return to a designated county prior to the expiration of the current inspection certificate, and further stating that immediately upon return to a designated county the vehicle will be reinspected at an inspection station certified to do emissions testing. (4) All designated vehicles must be emissions tested at the time of and as a part of the designated vehicle's annual safety inspection at a DPS certified inspection station that is certified to do emissions testing. The exception to this provision is for commercial motor vehicles as defined by the Texas Transportation Code, sec.548.001, that meet the definition of "designated vehicle" as defined herein. Said "designated" commercial motor vehicles must be emissions tested at a DPS certified inspection station that is certified to do emissions testing and must have a unique emissions test only inspection certificate, as authorized by Texas Transportation Code, sec.548.251, affixed to the lower left hand corner of the windshield of the vehicle, immediately above the registration sticker, prior to receiving a commercial motor vehicle inspection certificate pursuant to Texas Transportation Code, Chapter 548. (5) Any non-exempt vehicle capable of being powered by gasoline, from two years old to and including twenty-four years old, presented for the annual vehicle safety inspection in designated counties will be presumed to be a designated vehicle and will be emissions tested as a part of the annual vehicle safety inspection. (6) Vehicles registered in designated counties will be identified by a distinguishing validation registration sticker as determined by the Texas Department of Transportation. (7) Vehicles having been inspected under the emissions testing program and found to have met the requirements of the program in addition to all other vehicle safety inspection requirements will be passed by the certified inspector, who will thereafter affix to the windshield a unique emissions inspection certificate pursuant to Texas Transportation Code, sec.548.251. The only valid inspection certificate for designated vehicles shall be a unique emissions inspection certificate issued by the department, unless otherwise provided herein. (8) The department shall perform challenge re-tests to provide for the reinspection of a motor vehicle at the option of the owner of the vehicle as a quality control measure of the emissions testing program. A motorist whose vehicle has failed an emissions test may request a free challenge re-test through the department within 15 calendar days of the emissions test being challenged or questioned. (9) Federal and State governmental or quasi-governmental agency vehicles that are primarily operated in designated counties that fall outside the normal registration or inspection process shall be required to comply with all vehicle emissions I/M requirements contained in the Texas I/M SIP. (10) Any motorist in a designated county whose designated vehicle has been issued an emissions-related recall notice shall furnish proof of compliance with the recall notice prior to having their vehicle emissions tested the next testing cycle. As proof of compliance, the motorist may present a written statement from the dealership or leasing agency indicating the emissions repairs have been completed. (11) Inspection certificates issued prior to the effective date of this section shall be valid and shall remain in effect until the expiration date thereof. (e) Waivers and extensions. Under this section, the department may issue an emissions testing waiver or time extension to any motorist or vehicle that meets the established criteria. An emissions testing waiver or a time extension defers the need for full compliance with vehicle emissions standards of the vehicle emissions I/M program for a specified period of time after a vehicle fails an emissions test. Applications for emissions testing waivers and time extensions shall be accepted by the department. There are four types of emissions testing waivers and time extensions: Minimum Expenditure Waiver; Individual Vehicle Waiver; Parts Availability Time Extension; and Low-Income Time Extension. The motorist may apply once each testing cycle for the Minimum Expenditure Waiver, Individual Vehicle Waiver, and Parts Availability Time Extension. The motorist may apply every other testing cycle for the Low-Income Time Extension. (1) Minimum Expenditure Waiver. (A) Eligibility. A vehicle may be eligible for a Minimum Expenditure Waiver provided that it has: (i) failed both its initial emissions inspection and re-test; and (ii) incurred qualified emissions-related repairs, as defined herein, whose cost is equal to or are in excess of the minimum expenditure amounts, as defined herein for the county in which the vehicle is registered. (B) Qualified Emissions-Related Repairs. Qualified emissions-related repairs are those repairs to emissions control components, including diagnosis, parts and labor, that count toward a minimum expenditure waiver. In order to be considered qualified emissions-related repairs, the repair(s): (i) must be directly applicable to the cause for the emissions test failure; (ii) must be performed after the initial emissions test or have been performed within 60 days prior to the initial emissions test; (iii) must not be tampering-related repairs, as defined herein; (iv) must not be covered by any available warranty coverage unless the warranty remedy has been denied in writing by the manufacturer or authorized dealer; and (v) after January 1, 1997, for 1981 and newer model year vehicles, must be performed by a Recognized Emissions Repair Technician of Texas at a Recognized Emissions Repair Facility of Texas in order to include the labor cost and/or diagnostic costs. After January 1, 1997, when repairs are not performed by a Recognized Emissions Repair Technician of Texas at a Recognized Emissions Repair Facility of Texas, only the purchase price of parts, applicable to the emissions test failure, qualify as a repair expenditure for the minimum expenditure waiver. (C) Minimum expenditure amounts. The following minimum expenditure amounts are applicable: (i) In Dallas and Tarrant counties, the minimum expenditure waiver amount shall be $200 for 1981-and-newer vehicles and $75 for 1980-and-older vehicles. (ii) In El Paso and Harris counties, the minimum expenditure waiver amount shall be $300 in 1997. After January 1, 1998, the minimum expenditure waiver amount in El Paso and Harris counties shall be $450 (1989 dollars) and shall be adjusted annually thereafter. (D) Validity. A Minimum Expenditure Waiver shall be valid through the end of the twelfth month from the date of issuance. (E) Conditions. The following conditions must be met in order to receive a Minimum Expenditure Waiver: (i) the vehicle must pass a visual inspection performed by a department representative to insure that the emissions repairs being claimed have actually been performed; (ii) the parts and labor receipts for the qualified emissions-related repairs must be presented to the department and support that the emissions repairs being claimed have actually been performed; and (iii) the valid re-test Vehicle Inspection Report (VIR) and valid Vehicle Repair Form (VRF) for the applicant vehicle must be presented to the department. After January 1, 1997, if labor and/or diagnostic charges are being claimed towards the minimum expenditure amount, the VRF shall be completed by a Recognized Emissions Repair Technician of Texas. (2) Low-Income Time Extension. A Low-Income Time Extension may be granted in accordance with the following conditions: (A) The applicant must supply to the department proof in writing that: (i) the vehicle failed the initial emissions inspection test; proof shall be in the form of the original failed VIR; (ii) the vehicle has not been granted a Low-Income Time Extension in the previous testing cycle; (iii) the applicant is the owner of the vehicle that is the subject of the Low- Income Time Extension; and (iv) the applicant receives financial assistance from the Texas Department of Human Services (subject to approval by the director) or the applicant's adjusted gross income is at or below the current federal poverty level; proof shall be in the form of a federal income tax return or other documentation authorized by the director that the applicant certifies as true and correct. (B) After an applicant 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. (3) Parts Availability Time Extension. A Parts Availability Time Extension may be granted in accordance with the following conditions: (A) The applicant must demonstrate to the department: (i) reasonable attempts were made to locate necessary emissions control parts by retail or wholesale parts suppliers; and (ii) 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, as defined herein. (B) The applicant shall provide to the department: (i) an original VIR indicating the vehicle failed the emissions test; (ii) an invoice, receipt, or original itemized document indicating the uncommon part(s) ordered by: name; description; catalog number; order number; source of part(s), including name, address and phone number of parts distributor; and expected delivery and installation date(s). After January 1, 1997, the original itemized document must be prepared by a Recognized Emissions Repair Technician of Texas before a Parts Availability Time Extension can be issued. (C) A Parts Availability Time Extension is not allowed for tampering-related repairs, as defined herein. (D) If the vehicle does not pass the emissions re-test prior to the expiration of the Parts Availability Time Extension, the applicant must provide to the department, adequate documentation that one of the following conditions exists: (i) the motorist qualifies for a Minimum Expenditure Waiver, Low-Income Time Extension or Individual Vehicle Waiver; or (ii) the motor vehicle will no longer be operated in the program area, as defined herein. (E) A vehicle that receives a Parts Availability Time Extension in one testing cycle must have the vehicle repaired and re-tested prior to the expiration of such extension or must qualify for another type of waiver or time extension, in order to be eligible for a Parts Availability Time Extension in the subsequent testing cycle. (F) The length of a Parts Availability Time Extension shall depend upon expected delivery and installation date(s) of the uncommon part(s) as determined by the department representative on a case by case basis. Parts Availability Time Extensions will be issued for either 30, 60 or 90 days. (G) The department shall issue a unique time extension sticker for Parts Availability Time Extensions. (4) Individual Vehicle Waiver. If a vehicle has failed an emissions test, a motorist may petition the director for an Individual Vehicle Waiver. Upon demonstration that the motorist has taken every reasonable measure to comply with the requirements of the vehicle emissions I/M program contained in the Revised Texas I/M SIP and 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 testing cycle. (f) Prohibitions. (1) No person may operate or allow to be operated any motor vehicle that does not comply with: (A) all applicable air pollution emissions control-related requirements included in the annual vehicle safety inspection administered by the department, as evidenced by a current valid inspection certificate affixed to the vehicle windshield; and (B) the vehicle emissions inspection and maintenance requirements contained in the Revised Texas I/M SIP. (2) No person or entity may own, operate, or allow the operation of a designated vehicle in a designated county unless the vehicle has complied with all applicable vehicle emissions inspection and maintenance requirements contained in the Revised Texas I/M SIP. (3) No person may issue or allow the issuance of a Vehicle Inspection Report (VIR), as authorized by the department, unless all applicable air pollution emissions control-related requirements of the annual vehicle safety inspection and the vehicle emissions inspection and maintenance 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 the department and the TNRCC. (4) No person may allow or participate in the preparation, duplication, sale, distribution, or use of false, counterfeit, or stolen inspection certificates, VIRs, VRFs, vehicle emissions repair documentation, or other documents which may be used to circumvent the vehicle emissions inspection and maintenance requirements and procedures contained in the Revised Texas I/M SIP. (5) No organization, business, person, or other entity may represent itself as an inspector certified by the department, unless such certification has been issued pursuant to the certification requirements and procedures contained in the Revised Texas I/M SIP and the rules and regulations of the department. (6) No person may act as or offer to perform services as a Recognized Emissions Repair Technician of Texas or a Recognized Emissions Repair Facility of Texas, as defined in this subsections (h) and (i) of this section, without first obtaining and maintaining recognition by the department. (g) Violation/Penalties. Pursuant to Texas Transportation Code, sec.548.601, any person who operates a designated vehicle in a designated county without displaying a valid unique emissions inspection certificate, may be subject to a fine in an amount not to exceed that set out in Texas Transportation Code, sec.548.604. (h) Requirements for Recognized Emissions Repair Technicians of Texas. The department will recognize automotive repair technicians that meet the qualifications as set forth herein. (1) In order to be recognized by the department as a Recognized Emissions Repair Technician of Texas, the technician must: (A) have a minimum of three years full-time automotive repair service experience; (B) possess current certification in the following areas based on the following tests offered by the National Institute of Automotive Service Excellence (ASE): (i) Engine Repair (ASE Test Al); (ii) Electrical/Electronic Systems (ASE Test A6); (iii) Engine Performance (ASE Test A8); and (iv) beginning January 1, 1998, Advanced Engine Performance Specialist (ASE Test Ll); and (C) must be employed by a Recognized Emissions Repair Facility of Texas, as defined herein. (2) A Recognized Emissions Repair Technician of Texas shall perform the following duties: (A) complete and certify the VRF form(s); and (B) notify the DPS in writing within 14 days of changes in the technician's ASE testing status. (3) Failure to comply with these rules and failure to meet the qualifications set out herein may result in the department ceasing to recognize the technician. (i) Requirements for Recognized Emissions Repair Facilities of Texas. (1) In order to be recognized by the department as a Recognized Emissions Repair Facility of Texas, the facility must: (A) have at least one full-time Recognized Emissions Repair Technician of Texas, as described in Subsection (h) of this section; and (B) possess equipment to perform the functionality of the following items: (i) ammeter; (ii) alternator, regulator or starting circuit tester; (iii) battery load tester; (iv) compression tester; (v) cooling system tester; (vi) dwellmeter; (vii) engine analyzer; (viii) exhaust gas analyzer (with at least hydrocarbon (HC), carbon dioxide (CO2) measurement capability); (ix) fuel pressure/pressure drop tester; (x) ohmmeter; (xi) propane gas bottle (carburetor lean drop check); (xii) repair reference information; (xiii) scan tool; (xiv) tachometer; (xv) timing light; (xvi) vacuum/pressure gauge; (xvii) vacuum pump; and (xviii) volt meter. (2) A Recognized Emissions Repair Facility of Texas shall: (A) notify the DPS in writing within 14 days of changes in the facility's technicians' ASE testing status or employment status and the facility's equipment functionality status; and (B) agree in writing upon application for recognition by the department to maintain compliance with the qualifications enumerated in subsection (i)(1) of this section, in order to maintain recognition by the department. (3) Failure to comply with these rules and failure to meet the qualifications set out herein, may result in the department ceasing to recognize the facility. (j) Certified emissions inspection station requirements. (1) In order to be certified by the department as an emissions inspection station, for purposes of the emissions I/M program, the station must: (A) be licensed by the department as an official vehicle inspection station; (B) comply with the DPS Rules and Regulations Manual for Official Vehicle Inspection Stations and Certified Inspectors and other applicable rules and regulations of the department; (C) complete all applicable forms and reports as required by the department; (D) purchase or lease emissions testing equipment that is currently certified by the TNRCC to emissions test vehicles, or upgrade existing emissions testing equipment to meet the current certification requirements of the TNRCC; (E) have a designated telephone line dedicated for each vehicle exhaust gas analyzer to be used to emissions test vehicles; and (F) enter into and maintain a business arrangement with the Texas Datalink contractor to obtain a telecommunications link to the Texas Datalink System Vehicle Identification Database (VID) for each vehicle exhaust gas analyzer to be used to inspect vehicles as described in the Revised Texas I/M SIP. (2) Pursuant to Texas Transportation Code, sec.548.405, failure to comply with these rules may result in denial, suspension or revocation of an inspection station's certificate of appointment. (k) Certified emissions inspector requirements. (1) To qualify as a certified inspector, an individual must: (A) be licensed by the department as an official vehicle inspector; (B) must complete the training required for the Vehicle Emissions Inspection Program and receive the department's current inspector's certificate for such training; (C) must comply with the DPS Rules and Regulations Manual for Official Vehicle Inspection Stations and Certified Inspectors and other applicable rules and regulations of the department; and (D) complete all applicable forms and reports as required by the department. (2) Pursuant to Texas Transportation Code, sec.548.405, failure to comply with these rules may result in denial, suspension or revocation of a certified inspector's certificate. (l) Inspection and Maintenance Emissions Testing Fees. The fees for emissions testing will be set by the TNRCC. The fee for an emissions test shall provide for one free re-test should the vehicle fail the initial emissions inspection, provided that the motorist has the re-test performed at the same inspection station where the vehicle originally failed and the re-test is conducted within 15 calendar days of the initial emissions test. (m) Audits. (1) The department is authorized to perform covert and overt audits pertaining to the emissions testing program. (2) The department may authorize enforcement personnel or other individuals to remove, disconnect, adjust, or make inoperable vehicle emissions control equipment, devices, or systems and to operate a vehicle in the tampered condition in order to perform a quality control audit of an inspection station or other quality control activities as necessary to assess and ensure the effectiveness of the vehicle emissions inspection and maintenance program. (n) Authority to publish manuals. The Public Safety Commission authorizes the director of the Department of Public Safety to promulgate, publish and distribute necessary manuals of instruction for the implementation of the emissions I/M testing program in a manner not inconsistent with these rules. Such manual(s) shall be available for public inspection at reasonable times at offices of the department as designated by the director. Issued in Austin, Texas, on June 21, 1996. TRD-9609086 James R. Wilson Director Texas Department of Public Safety Effective date: July 1, 1996 Expiration date: October 29, 1996 For further information, please call: (512) 424-2890