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You are here : EPA Home R egion 8 R8 Air SIPS**Pr nt**  this Page State Utah State Agency Department of Envi ronmental Quality Affected Area Statewide Regulation Utah State Implementation Plan Rule Number Section X, Part A - Vehicle Inspection and Maintenance Program Rule Title State Effective Date EPA Effective Date Notice of Final Rule Date Notice of Final Rule Citation Comments

Rule Text:

Rule History State Effective Date 08/02 / 2002 X
.A - General Requ i rements and Applicab ility 05 /1 8/ 2004
01 / 03 / 2006
ll / 02 / 2005
70 FR 66264

EPA Effective Date 11 /08/ 2002 

# Et**~** Utah X
. Part A
. Veh
. I.M
. Program
.pdf

Notice of Final Rule Date 10/09/2002 Notice of Final Rule Citation 67 FR 62891 Rule Comments Text

EPA has attempted to ensure that th is information accurately reflects EPA's final action as published in the Federal Registe r (FR) and cod ified i n the Code of Federal Regulations (CFR). If there are d iscrepancies, however, the CFR and the FR are the official record
.
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## UTAH STATE IMPLEMENTATION PLAN SECTION X VEHICLE INSPECTION AND MAINTENANCE PROGRAM PART A GENERAL REQUIREMENTS AND APPLICABILITY

Adopted by the Utah Air Quality Board March 31,2004

### Table of Contents

1. General Requirements
.......................................,.... ...... .................... ............ ........ .... ... ... 1 2. Applicability
......... ........ .... ... .. .............. ... .. ........................ ................ ................ ..... ......... 2

# - UTAH STATE IMPLEMENTATION PLAN SECTION X AUTOMOTIVE INSPECTION AND MAINTENANCE (liM) 

### PROGRAM PART A GENERAL REQUIREMENTS AND APPLICABILITY


### 1. 

### General Requirements Federal liMProgram requirements This SIP revision demonstrates compliance with the federal Basic 

### liM standards specified in 40 CFR 51 SubpartS, "Inspection/Maintenance Program Requirements" last amended at 66 FR 18156, April 5, 2001, as required by Section 182 ofthe Clean Air Act. The EPA 

### liM rule establishes a program performance standard and other requirements that will provide more effective control ofcarbon monoxide and ozone precursor emissions. The Utah State Implementation Plan establishes more stringent requirements for each designated 

### liM c. ounty. The requirements for Davis, Salt Lake, Utah and Weber Counties are described in parts B, C, D and E ofthis section. 

### On-Board Diagnostics (OBD) Checks By January 1, 2002, OBD checks and OBD-related repairs are required as a routine component ofbasic and enhanced 

### 1/M programs on model year 1996 and newer light-duty vehicles and light-duty trucks equipped with certified on-board diagnostic systems. The federal performance standard requires repair ofmalfunctions or system deterioration identified by or affecting OBD systems. 

### Utah liM

### program history and general authority The legal authority for Utah's 

### liM programs, Section 41-6-163.6, was enacted during the First Special Session ofthe Utah legislature in 1983. 

### liM programs were initially implemented by Davis and Salt Lake Counties in 1984 and by Utah County in 1986. In 1990, the legislature enacted Section 41-6-163.7 that requires that 

### liM counties use computerized 

### liM testing equipment, adopt standardized emission standards, and provide for reciprocity. Those requirements were fully implemented by Davis, Salt Lake, and Utah Counties on September 1, 1991, and by Weber County on January 1, 1992. Section 41-6-163.6 was again amended by the legislature in 1992 to include vehicles owned and operated by the federal government, federal employees, and students and employees ofcolleges and universities. The 1992 revision of41-6-163.6 also established more stringent restrictions for vehicles that qualify for a farm truck exemption. Amendments to Section 19-2-104 in 1992 authorize the Utah Air Quality Board to establish requirements for county lfM programs after obtaining agreement from the affected counties. The same bill amended Section 41-6-163.6 to allow the counties to subject individual motor vehicles to inspection and maintenance at times other than the FINAL --March 31,2004 Section X, Part A, page I

### annual inspection. This authority was sought in anticipation of adding an on-road testing element to the current 

### liM programs as soon as funding is available
. Section 41-6-163 was amended in 1994 to authorize implementation of 

### liM programs stricter than minimum federal requirements in counties where it is necessary to attain or maintain ambient air quality standards. Section 41-6-163 requires preference be given to a decentralized program to the extent that a decentralized program will attain and maintain ambient air quality standards and meet federal requirements. It also requires affected counties and the Air Quality Board to give preference to the most cost effective means to achieve and maintain the maximum benefit with regard to air quality standards and to meet federal air quality requirements related to motor vehicles. The legislature indicated preference for a reasonable phase-out period for replacement of air pollution test equipment made obsolete by program in accordance with applicable federal requirements, and if such a phase-out does not otherwise interfere with attainment of ambient air quality standards. House Concurrent Resolution No.9 ofthe 1994 General Session ofthe legislature (H
.C.R. 9) was a concurrent resolution ofthe legislature and the governor expressing opposition to the EPA position regarding the implementation ofenhanced automobile inspection and urging the EPA to recognize the benefits of other automobile inspection program options and to work with the state to develop workable plans for attaining ambient air quality standards and protecting public health
. Parts B , C, D and E ofthis section document state 

### liM requirements and applicability that are specific to Davis, Salt Lake, Utah and Weber Counties, respectively. · In 1995, the legislature amended Section 41-6-163
.7 to rescind the requirement for 

### liM program standardization and reciprocity between counties
. While advantageous, standardization and reciprocity between 

### liMcounties is no longer required, and each 

### liM county is free to develop an 

### liM program that best meets the respective county's needs. In 2002, the Legislature amended Section 41-6-163.7 to allow for inspection every other year for cars that are six years old or newer on January 1 each year. This provision is applicable to the extent allowed under the current state implementation plan for each area. 

### 2. Applicability GeneralApplicability All ofUtah's ozone and carbon monoxide non-attainment and maintenance areas are located in the four counties where Utah's State Implementation Plan for Automotive Inspection and Maintenance (liM) 

### Program is applicable.

FINAL --March 31 ,2004 Section X, Part A, page 2···- 

### U.S. BUREAU OF CENSUS POPULATION FOR OZONE MAINTENANCE AREAS OZONE MAINTENANCE AREA 1980 CENSUS 1990 CENSUS 2000 CENSUS Salt Lake County 619,066 725,956 898,387

Davis County 146,540 187,941 238,994 TOTAL 765,606 913,897 1,137,381


### U.S. BUREAU OF CENSUS POPULATION FOR CARBON MONOXIDE MAINTENANCE AREAS CO MAINTENANCE AREAs 

### 1980 CENSUS 1990 CENSUS 2000 CENSUS Ogden City 64,407 6,909 77,226 Provo City 74,111 86,835 105,166 Salt Lake City 163,034 159,936 181,743 TOTAL 301,552 310,683 364,135

EPA's requirement for minimum mandatory geographic coverage for Basic liM 

### programs is the urbanized area in which an applicable nonattainment and maintenance area is located. Parts ofUtah's carbon monoxide and ozone maintenance areas are geographically located within the following U.S
. Bureau ofCensus urbanized areas. There is no direct correspondence between the geographic boundaries ofthe maintenance areas, the urbanized areas , and Utah's liM 

### programs. 

### U.S. BUREAU OF THE CENSUS DATA FORMAINTENANCE URBANIZED AREAS URBAN1ZED AREAS 1980 CENSUS 205,744 169,699 674,201 1990 CENSUS 2000 CENSUS Ogden Urbanized Area Provo-Orem Urbanized Area Salt Lake Urbanized Area TOTAL

FINAL --March 31 , 2004 

### 1,049,644

Section X, Part A, page 3 

### 259,147 417,933 220,556 303,680 789,447 887,650 1,269,150 1,609,263Utah's State Implementation Plan for 

### liM is applicable county-wide in Davis , Salt Lake, Utah, and Weber Counties
. The carbon monoxide and ozone maintenance areas and the associated urbanized areas are located completely within these four counties
. 

### Enforcement mechanism The 

### liM programs are registration-enforced on a county-wide basis. Section 41-6-163
.6(1) requires that a certificate ofemissions inspection or a waiver or other evidence that the motor vehicle is exempt from the 

### liM program requirements be presented prior to registration of a motor vehicle in the counties where 

### liM programs are required
. 

### Applicable zip codes Federal 

### liMregulations require submittal of a list ofZIP codes for liM program areas. EPA plans to use ZIP codes to help liM programs identify vehicles subject to emissions-related recalls by the manufacturer. This liM program element is only mandatory in areas where enhanced 

### liM is explicitly required by the Clean Air Act. Participation in the database and access to the information will provide consumer and air quality benefits should Utah's 

### liM programs elect to participate when the system is developed
. 

### Testfrequency Vehicles are tested on an annual basis , except that vehicles six years old or newer on January 1 each year may be tested every otheryear if allowed under the current state implementation plan for each area. A certificate ofemissions inspection or a waiver or other evidence that the vehicle is exempt from the liM program requirements must be presented at the time of, and as a condition precedent to, registration or renewal ofregistration of a motor vehicles as specified in Section 41-6-163
.6 and 41-1a-203(1)( c). The liM inspection is required within two months prior to the month the registration renewal is due
. Owners of vehicles operated without valid license plates or with expired license plates are subject to ticketing by peace officers at any time. Registration status is also checked on a random basis at roadblocks and in parking lots at various locations around the state. Per Section 41-1a-402, Utah license plates indicate the county of registration and the expiration date of the registration. 

### Valid registration required Per Section 41-1a-1303 , it is a Class C misdemeanor for a person to drive or move, or for an owner knowingly to permit to be driven or moved upon any highway any vehicle of a type that is required to be registered in the state that is not registered in the state. Section 41-1a-1315 specifies that it is a second degree felony to falsify evidence oftitle and registration. 

### Registration schedules Section 41-1a-215 specifies that vehicle registration dates are staggered throughout the year. Registrations continue for a period oftwelve months beginning with the first day ofthe calendarmonth ofregistration and does not expire until the last day ofthe same month in the following year. Vehicle owners are not able to alter the test frequency by late registration ofthe vehicle
. Section 41-1a-216 says that "the new registration shall retain the same expiration month as recorded on the original registration even if the registration has expired" unless the vehicle has been out of FINAL --March 31, 2004 Section X, Part A, page 4**--**

## .. service. This provision ensures that the vehicles are tested on an annual basis. 

### Change of ownership Vehicle owners are not able to avoid the 

### liM inspection program by changing ownership ofthe vehicle. Upon change of vehicle ownership the vehicle must be re-registered by the new owner. The new owner must present an emissions certificate, waiver, or proofofexemption from the 11M program as a condition precedent to registration. The 

### liM documents must be dated no more than two months prior to the registration date. The new annual registration and 

### liM inspection dates for the vehicle will be the date of registration.

FINAL

--March 31 , 2004 Section X, Part A, page 5