## Vehicle Inspection and Maintenance Program Rule Revisions

Technical Support Document

Docket ID EPA-R06-OAR-2015-0425



### 2015 Texas SIP Revisions

30 Texas Administrative Code (TAC) Chapt er 114: Control of Air Pollution from
Motor Vehicles

August 22, 2016

U.S. EPA Region 6, Air Branch

State Implementation Section APage 2 

### Table of Contents

A. Introduction and Background

B. Legal Authority

C. The Texas Commission on Environmental Quality Submittals and EPA’s Evaluation and
Recommendations

1. The June 9, 2015 Submittal

2. The June 11, 2015 SubmittalPage 3 A: Introduction and Background

Introduction

In this technical support document (TSD) the EPA is evaluating two submittals, dated June 9, 2015, and June 11, 2015, provided by the Texas Commission on Environmental Quality (TCEQ), which would revise portions of the Texas State Implementation Plan (SIP). The revisions address Title 30 of the TAC, Chapter 114 (denoted 30 TAC 114), which provi des for Control of Air Pollution from Motor Vehicles, and corresponding revisions to the Texas vehicle inspection and maintenance (I/M) program. The revisions we are evaluating address 30 TAC 114, Control of Air Pollution from Motor Vehicles, Subchapter A: Defi nitions; and Subchapter C, Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program, Division 1: Vehicle Inspection and Maintenance and Division 3: Early Action Compact Counties. More detail on these submittals and our evaluations are provided in sec tions C1 through C2 of this TSD. Throughout this document, “we,” “us,” and “our” means the EPA.

Section B of this TSD discusses the legal authority and process under which the TCEQ
submitted each of the SIP revisions under review in this TSD. Sections C1 and C2 of this TSD contain a description of each submittal, followed by our eval uation and recommendation for action. The full and complete submittals can be found in Docket Identification No. EPA-R06-OAR-2015-0425. All
documents in the docket are listed in the www.regulations.gov index. Sections C1 through C2 of this TSD show the actual revisions to the rule language fo r each submittal as published in the Texas Register (Tex. Reg) – underlines and yellow highlight for new te xt and bracketed strikeou t for deletions of text.

Background

Vehicle Inspection & Maintenance

The Texas vehicle inspection and maintenan ce program, dubbed the Texas Motorist Choice (TMC) Program, was approved by EPA in a Fede ral Register on November 14, 2001 (66 FR 57261).

The State’s TMC Program requi res that gasoline powered light -duty vehicles, and light and heavy-duty trucks between two and twenty-four years old, that are registered or required to be registered in the I/M program area, including fleets, are subj ect to annual inspection a nd testing. Vehicles in Dallas, Tarrant, Collin, Denton, Ellis, Johnson, Kaufman, Parker, and Rockwall counties in the DallasFort Worth (DFW) area; and Harri s, Galveston, Brazoria, Fort Be nd, and Montgomery in the HoustonGalveston-Brazoria (HGB) nonattainment area; and El Paso 1 that are 1995 and olde r are subject to an

1 EPA’s November 14, 2001 approval also required implementation of the TMC program in Liberty, Waller, and Chambers counties as part of the HGB nonattainment area. However, EPA approved the removal of the I/M program in Liberty, Waller, and Chambers counties in 2006 because the small amount of emission reductions resulting from implementation of I/M in these three rural counties was not expected to advance attainment. 71 FR 52670, at 52674.Page 4 ASM-2 tailpipe test. Vehicles in those countie s that are 1996 and newer receive the On-Board Diagnostic (OBD) test in place of th e tailpipe test. 66 FR 57261, at 57262.

Vehicles in all area programs are currently s ubject to a gas cap pressure check and an antitampering inspection as part of th e statewide annual safety inspecti on. The last EPA approval of changes
to the I/M rules were effec tive on August 25, 2014 (79 FR 43264).

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP)

TCEQ established the LIRAP to enhance the ob jectives of the Texas TMC Program. The 77th Texas Legislature, 2001, enacted House Bill (HB) 2134 to assist low income individuals with repairs, retrofits, or retirement of vehi cles that fail emissions inspections . HB 2134 required the TCEQ and the Texas Department of Public Safety (DPS), by rule, to provide the mi nimum guidelines by which eligible counties may implement the LIRAP. The TCEQ, in c oordination with DPS, adopted rules implementing
HB 2134 on March 27, 2002. 27 Tex. Reg. 3194 (April 12, 2002).

The LIRAP is a voluntary program, and only t hose counties that have implemented vehicle emissions I/M programs are eligible to participat e in the LIRAP. The Texas I/M program counties include Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in the HGB area; Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rock wall, and Tarrant Counties in the DFW area;
Travis and Williamson Counties in the Austin-R ound Rock (ARR) area; and El Paso County. To participate, an eligible count y must submit a written request to the TCEQ from the county commissioner’s court to implement the LIRAP. Th e TCEQ executive director and the participating county then enter into a grant contract for implemen tation of the program. The LIRAP is separated into two grant programs - Drive a Clean Machine (DACM) and local initiative projects (LIP). DACM funds provide monetary assistance to qualif ying vehicle owners in participa ting counties for emission- related vehicle repair, retrofit, and repla cement. LIP funds are granted to pa rticipating counti es for use in approved projects focused on improving air qua lity in the program area. 27 Tex. Reg. 3194.

The LIRAP is funded through a f ee (LIRAP fee) that is charged to vehicle owners in participating counties. The LIRAP fee is $6.00 in pa rticipating DFW and HGB-a rea counties, and it is charged to vehicle owners who receive OBD emi ssions inspection tests. The LIRAP fee is $2.00 in participating ARR-area counties, and it is charged to vehicle owners for any emissions inspection test performed. The LIRAP fee was remitte d at authorized inspection stati ons during annual vehicle safety and emissions inspections until March 1, 2015. As of th at date, the LIRAP fee is paid to the Texas Department of Motor Vehicles (DMV) or county tax assessor-collector during ve hicle registration. This change is a result of a 2014 revision to 30 TAC 1 14, Subchapters A, B, and C (Rule Project Number 2013-035-114-AI), transitioning the state to a singl e sticker system for vehicle inspection and registration and implementing HB 2305, 83rd Texas Legi slature, 2013, which is detailed in Section C1 of this TSD. 39 Tex. Reg. 9469.Page 5 On April 28, 2014, the TCEQ received Court Order No. 2014-221-04-21 from the Collin County Commissioners Court withdrawing th e county from participation in the LIRAP. The court order was sent with a letter requesting that the commission release Collin C ounty from program requirements, including collection of the LIRAP fee. At the time the LIRAP was established, the rules did not specify a procedure to allow participating co unties to opt out of the program or to be released from the LIRAP fee requirement. The rulemaking that is the subject of Section C2 of the TSD provides Collin County or any participating county w ith a procedure for opting out of the LI RAP, which includes being released
from collection of the LIRAP fee and ending the contract between th e county and the TCEQ Executive Director. The rulemaking also amends 30 TAC 114, S ubchapter A to revise the definitions for the LIRAP to account for counties opting out of the program and adds four new definitions to further clarify program elements and differentiate between countie s participating in the LI RAP and non-participating counties. The rulemaking also amends 30 TAC 114, S ubchapter C, Divisions 1 through 3. Division 1 is amended to specify the I/M fees that apply in a pa rticipating nonattainment c ounty, a county that is in the process of opting out of the LIRAP, and a non-participating nonattainm ent county. Division 2 is amended to provide a mechanism for participating nona ttainment counties to opt out of the LIRAP, and Division 3 is amended to provide a mechanism for ear ly action compact (EAC) c ounties to opt out of the LIRAP and accordingly, revise the I/M fee requirements in 30 TAC §114.87. 39 Tex. Reg. 9469-70.

Although the LIRAP is not required by the CAA, certain provisions relating to the program and program fees have been approved in to the Texas SIP to allow for full implementation of the State’s I/M program and as a program enhancem ent that strengthens the SIP.

B. Legal Authority

The Texas Health and Safety Code (THSC) a nd the Texas Water Code (TWC) provide various statutory authorities to the TCEQ. Under the TWC, Chapter 5, section 102 (denoted §5.102) provides the commission with the general pow ers to carry out its duties; §5.103 requires the commission to adopt any rules necessary to carry out the powers and du ties under the provisions of the TWC and other laws of the state; and §5.105 requires the commission by rule to establish a nd approve all general policy of the commission. Under the THSC, Chapter 382 (Clean Air Act), §382.002 establishes the commission's purpose to safeguard the state's air resources, consis tent with the protection of public health, general welfare, and physical property; §382.011 requires the comm ission to establish the le vel of quality to be
maintained in the state's air and to control the quality of the state's air; §382.012 requires the commission to prepare and develop a general, compre hensive plan for the control of the state's air; §382.017 authorizes the commission to a dopt rules consistent with the po licy and purposes of the Texas Clean Air Act; §382.019 authorizes the commission to a dopt rules to control and reduce emissions from engines used to propel land vehicles; §382.023 authori zes the commission to issue orders and make determinations as necessary to ca rry out the purpose of this chapte r; Chapter 386 establishes the Texas Emission Reduction Plan (TERP) program; and Chapte r 392 establishes the Texas Clean Fleet Program (added by Texas Senate Bill (SB) 1759 of the 81 st Legislature, 2009.)Page 6 In this TSD, we are evaluating two Texas SIP revisions (shown in Tabl e 1 below), which we distinguish by the dates they were submitted to us: June 09, 2015, and June 11, 2015.



### TABLE 1

Texas SIP Submittals

Submittal Date Texas Register (Tex. Reg.) Publication Date (Issue)

June 09, 2015 February 28, 2014 (39 Tex. Reg. 1400)

June 11, 2015 May 15, 2015 (40 Tex. Reg.2670)

More detail and our evaluation for each of thes e submittals are provided in Sections C1 through C2 of this TSD, below.

C. The TCEQ Submittal and EPA’s Evaluation and Recommendation

This section of the TSD provides ou r technical review of the SIP revi sions identified above, which the TCEQ submitted to address various changes to Title 30 of the Texas Administ rative Code, Chapter 114,
Control of Air Pollution from Motor Vehicles. Our re view includes a detailed ev aluation of the specific rule changes as published in the Texas Register.

Section C1: June 09, 2015 Submittal

EPA Analysis of June 09, 2015 Submittal:

This portion of the TSD evaluates the June 9, 20 15 Texas SIP submittal (Texas Rule Project Nos. 2013- 035-114-AI and 2013-041-SIP-NR). Th e TCEQ published the notice of the proposed revisions to the SIP for the June 9, 2015 submittal on October 11, 2013 (38 Tex. Reg. 7067) and published the final revision on February 28, 2014 (39 Tex. Reg. 1400), finalizing the proposal with minor revisions. In that rulemaking, the state of Texas adopted amendments to other sections that are not submitted as revisions to the SIP. EPA provided comments on the State’ s proposed rulemaking for the June 9, 2015 SIP submittal during the public comment period expressing s upport, and requesting clarification regarding 1) how vehicle owners will be made aware of the requi rement to perform an emission inspection no earlier than 90 days before the expiration of the vehicles registration; and 2) how the transition from sticker-Page 7 based enforcement to registration denial enforcemen t starting March 1, 2015 will take place, especially when inspection due dates and vehicle registrati on dates do not coincide. TCEQ addressed both questions in the response to comments document for the State’s rulemaking, explaining their intent to work with the DMV and DPS to develop and impl ement a public outreach campaign informing the public of the new process. Both concerns are now moot because the registration denial enforcement program has been in effect for over one year and the program is fully implemented. Please see the Response to Comments portion of the June 9, 2015 submittal in the Docket for additional information.

Prior to the implementation start date of March 1, 2015, DMV led the “Two Steps, One Sticker” public outreach campaign. The campaign included registration re newal inserts, webinars , press releases, radio and newspaper advertisements and numerous other out reach efforts. Please see the email from TCEQ dated August 25, 2016 that is av ailable in the Docket for viewing the complete list of th e public outreach
activities.

Rule language as published in the Tex. Reg. is shown below:

Section 114.1 Subchapter A: Definitions

114.1(6)-(21) are revised and renumbered to account for the addition of 114.1(5) which adds a definition for “first vehicle registration” and other revisions and additions.

There is no federal definition of the term “first ve hicle registration.” We fi nd this term approvable because it does not conflict with any federal requirements.

114.1(15), is modified to add new definition “Single sticker transition date....” This ensures that the most recent terminology is availabl e consistent throughout the Program.

114.1(19) and (20), are modified to add new definition “Vehicle registration....” And “Vehicle registration insignia sticker...” This ensures that the most recent te rminology is available consistent throughout the Program.

These revisions are ministerial, a dd clarification, and/or are needed to implement the State’s singlesticker program. Further, these revisions do not conflict with any federal requirements. They are therefore approvable.

Section 114.2 Subchapter A: Inspection and Maintenance Definitions

114.2(1) (A and B) are modified to better define the 50/15 and 25/25 testing modes.

We find these revisions approvable because they do not conflict with any federal requirements.

114.2(12) (definition of “Testing cycle”) and 114.2(14) (the definition of “Uncommon part”) are revised to implement the transition from th e dual sticker program to new the single sticker. The revision toPage 8 114.2(14) adds subsections (A) - (C) to describe the a pplication of this definiti on before during and after
the transition.

These revisions are ministerial, a dd clarification, and/or are needed to implement the State’s singlesticker program. Further, these revisions do not conflict with any federal requirements. They are therefore approvable.

Section 114.50 Subchapter C: Vehicle Emissions Inspection Requirements

114.50(a)(1)(A)-(C), (a)(2)(A)-(C), (a)(3)(A)-(E), (a)(4)(A)-(D), (b)(1)(A)-(C), (b)(2), (b)(3)-(6) and (b)(6)(B), (b)(7)-(8), and 8(C) and (d)(1)-(4) are modified to account for single sticker transition date, and outline prohibitions agai nst duplication, sale, distri bution, or use of false, counterfeit, or stolen vehicle registration insignia sticke rs and other ministerial changes. Please see the Final Adopted Rule
Revisions file in the Docket EP A-R06-OAR-2015-0425 for the complete strikeout, underline, bracketed and highlighted text. 2 Revisions to 114.50 are shown below:

2 In the State’s proposal, rule amendments are demarcated by underlining new language and bracketing deleted language. In the State’s adoption, the underlines and brackets from the proposal remain, and new language is highlighted, while deleted language is struck through, based on changes from the proposal. The changes in the State’s final adoption from the SIP and then from proposal are reflected here.Page 9Page 10Page 11Page 12Page 13Page 14Page 15Page 16Page 17Page 18Page 19 The revisions shown above are approvable becaus e they will not interfer e with attainment and reasonable further progress or any other applicab le requirement in accordance with CAA §110(l).

These revisions are ministerial, a dd clarification, and/or are needed to implement the State’s singlesticker program. Further, these revisions do not conflict with any federal requirements. They are therefore approvable.

Section 114.53 Subchapter C: Inspection and Maintenance Fees

This section is revised to incorpor ate and further clarify the collection of fees in each program area and is based upon what type of inspection test (e.g., ASM-2 or OBD test) is being conducted.

114.53(a)(1) is revised to incor porate the single sticker trans ition date for El Paso County.

114.53(a)(2) is revised to incorporat e the single sticker transition date for the Dallas-Fort Worth area.

114.53(a)(3) is revised to incorpor ate the single sticker transition date for the Houston-GalvestonBrazoria program area.

114.53(d) is revised to incorporate the informati on regarding vehicle owner fee obligations for the various program areas as shown below in underline and yellow highlight :Page 20Page 21 These revisions are ministerial, a dd clarification, and/or are needed to implement the State’s singlesticker program. Further, these revisions do not conflict with any federal requirements. They are therefore approvable.

Section 114.82 Control Requirements

114.82(a)(1) and (2) are revised as shown below (in underline and ye llow highlight) in the next few pages to add the single sticker tr ansition date text, and other admini strative changes, to the control requirements section of Chapter 114.Page 22Page 23Page 24Page 25 These revisions are ministerial, a dd clarification, and/or are needed to implement the State’s singlesticker program. Further, these revisions do not conflict with any federal requirements. They are therefore approvable.

The following four pages show the final rule revisi ons in strikeout, underline and yellow highlight to Sections 114.82, 114.83, 114.84 and 114.87:Page 26Page 27Page 28Page 29 These revisions shown above are mini sterial and are therefore approvable.Page 30 These revisions are ministeria l and are therefore approvable.Page 31Page 32Page 33Page 34 These revisions are ministerial, a dd clarification, and/or are needed to implement the State’s singlesticker program. Further, these revisions do not conflict with any federal requirements. They are therefore approvable.Page 35 Section C2: June 11, 2015 Submittal

EPA Analysis of June 11, 2015 Submittal:

This portion of the TSD evaluates the June 11, 2015 Texas SIP submittal (Texas Rule Project No. 2014-0270114-AI). The TCEQ published the notice of the proposed revisi ons to the SIP for the June 11, 2015 submittal on December 5, 2014 (39 Tex. Reg. 9468) and published the final revision on May 15, 2015 (40 Tex. Reg. 2670), finalizing the proposal wit hout revision. In that ru lemaking, the State of Texas adopted amendments to other sections that ar e not submitted as revisions to the SIP. EPA did not provide any comments on the State’s proposed rule making for the June 11, 2015 SIP submittal. Note that the changes described in the June 11, 2015 Te xas SIP submittal were received by EPA after the June 9, 2015 Texas SIP Submittal described in Section C1 of this document, which implements separate changes made to the same sections of Texas regula tions in an earlier rulemaking. (The June 9, 2015 SIP submittal is included as a part of this TSD.) Thus, the changes discussed in the following paragraph are changes to the language submitted by Texas on June 11, 2015.

Rule language as published in the Tex. Reg. is shown below.

Section 114.2 Subchapter A: Inspection and Maintenance Definitions

Section 114.2 identifies and defines the terms us ed in Subchapter A for the I/M program. In Section 114.2 the acronym for the Lo w Income Vehicle Repair Assist ance, Retrofit, and Accelerated Vehicle Retirement Program is replaced with the full pr ogram title to be consistent with the title of the referenced subchapter and Texas Re gister requirements. In Section 114.2(12) “Related” is changed to “Relating”.

These revisions to Section 114.2 are ministerial, and/or add clarificati on and are approvable.

The Section 114.2 revisions are shown below in underline (additions) and brackets (deletions):

_______________________________________________________________________________

§114.2. Inspection and Maintenance Definitions.

Unless specifically defined in Texas Heal th and Safety Code, Chapter 382, also

known as the Texas Clean Air Ac t (TCAA), or in the rules of the commission, the terms used

by the commission have the meanings commonl y ascribed to them in the field of air

pollution control. In addition to the terms that are defined by the TCAA, the followingPage 36 words and terms, when used in Subchapter C of this chapter (relating to Vehicle Inspection

and Maintenance; Low Income Vehicle Repair Assistance, Retrofit,

and Accelerated Vehicle Retirement Prog ram [LIRAP]; and Early Action Compact

Counties), have the following meanings, unle ss the context clearly indicates otherwise.

(1)...

(12) Testing cycle--Before the single st icker transition date as defined in

§114.1 of this title (relating [related] to De finitions), the annual cycle commencing with the

first safety inspection certificate expiration date for which a motor vehicle is subject to a

vehicle emissions inspection or beginning on the single sticker transition date, the annual

cycle commencing with the first vehicle registration expiration date for which a motor

vehicle is subject to a vehicle emissions inspection.

_______________________________________________________________________________

Section 114.53, Subchapter C: Inspection and Maintenance Fees (Non-attainment areas), Ministerial Changes

Section 114.53 details I/M Fees in nonattainment areas. In Sec tion 114.53 (d) “as specified by the following requirements:” is deleted and a period is added after “state”; and in Section 114.53(d)(1) “the following requirements apply” is added after “E l Paso County,” and the rest of the paragraph is
deleted. Similar revisions are made to secti on 114.53(d)(2) and (3) for the DFW and HGB areas, respectively.

These changes are ministerial, add clarificati on, are necessary for the additions to Section 114.53 described below, and ar e therefore approvable.Page 37 Section 114.53, Subchapter C: Inspection and Maintenance Fees (Non-attainment areas),
Additions

Section 114.53(d)(1) – (3) are amended to more fu lly describe the LIRAP fee as it relates to the vehicle I/M programs in El Paso County and the DF W and HGB area counties. Subparagraphs are added to these subsections to explain remittance of I/M fees, including the LIRAP fee, in a county participating in the LIRAP, a participating county that is in the process of opting out of the LIRAP, and a county that is not participating in the LIRAP a nd is not subject to the LIRAP fee.

Sections 114.53(d)(1)–(3) are reor ganized to allow the adopted s ubparagraphs to be consistent among the paragraphs of Section 114.53(d). The st ate fees vehicle owne rs pay during vehicle registration in participating counties, subparagr aph (A) for each paragr aph in Section 114.53(d),
includes the LIRAP fee. The state f ees vehicle owners pay during vehi cle registration in participating counties that are in the process of opting out of the LIRAP, subp aragraph (B) for each paragraph in Section114.53(d), includes the LIRAP fee until the e ffective LIRAP fee termin ation date, after which
state fees will not include the LIRA P fee. The state fees vehicle owne rs pay during vehicle registration in non-participating counties, subparagraph (C) for each paragraph in Section 114.53(d), does not
include the LIRAP fee.

Section 114.53(d)(1): The TC EQ deleted language from this section detailing the I/M fees for El Paso County in the event that passed a resolution to pa rticipate in the LIRAP and replaced it with “(1) In El Paso County, the following requirements appl y.” The TCEQ added new Sections 114.53(d)(1)(A), (B), and (C) which detail the I/M fees for El Paso County for the three scenarios outlined above, participating, in the process of opting out, and not participating in the LIRAP.

Section 114.53(d)(2): The TC EQ deleted language from this section detailing the I/M fees for the DFW and the extended DFW program ar eas and replaced it with “(2) In the Dallas-Fort Worth and the extended Dallas-Fort Worth program areas, the follo wing requirements apply.” The TCEQ added new Sections 114.53(d)(2)(A), (B), and (C) which detail the I/M fees for the DFW and the extended DFW program areas for the three scenarios outlined above, participating, in the pro cess of opting out, and not participating in the LIRAP.

Section 114.53(d)(3): The TC EQ deleted language from this section detailing the I/M fees for the HGB program area and replaced it with “(2) In th e Houston-Galveston-Brazoria program area, the following requirements apply.” The TCEQ added ne w Sections 114.53(d)(3)(A), (B), and (C) which detail the I/M fees for HGB program area for the th ree scenarios outlined a bove, participating, in the process of opting out, and not participating in the LIRAP.

As stated previously, the LIRAP is not required by the CAA, but certain provisions relating to the program and program fees have been approved into the Texas SI P to allow for full implementation of the State’s I/M program and strengthen the SI P. The changes in the submittal to Section 114.53Page 38 provide further delineation and clar ification regarding which parts of the fees are for LIRAP. We find
the more detailed breakdown of the LIRAP fees in c ounties in Non-attainment ar eas participating in, in the process of opting out, and not participating in the LIRAP, approvable because they do not conflict with any federal requirement, and the Program is voluntary.

The Section 114.53(d)(1) – (3) revisions are show n below in underline (additions) and brackets (deletions):

______________________ __________________ _____________________

§114.53. Inspection and Maintenance Fees.

(d) Beginning on the single sticker transition date as defined in §114.1 of this title,

vehicle owners shall remit as part of the annual vehicle registration fee collected by the Texas

Department of Motor Vehicles (DMV) or county tax assessor-collector the amount of the

vehicle emissions inspection fee that is re quired to be remitted to the state.[, as specified by

the following requirements:]

(1) In El Paso County, the following requirements apply. [vehicle owners

shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or

county tax assessor-collector at the time of th e annual vehicle registra tion as part of the

vehicle emissions inspection fee. If the El Paso County Commissioners Court adopts a

resolution that is approved by the comm ission to participate in the Low Income

Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Re tirement Program,

vehicle owners shall remit $4.50 for motor vehicles subject to vehicles emissions inspections

to the DMV or county tax assessor-collector at the time of the annual vehicle registration as

part of the vehicle emissions inspection fe e beginning upon the da te specified by the

commission.]Page 39 (A) If participating in the LIRAP, vehicle owners shall remit $4.50 for

motor vehicles subject to vehicle emission s inspections to the DMV or county tax

assessor-collector at the time of annual vehicle registration as part of the vehicle

emissions inspection fee. Of the $4.50 remitted, $2.00 constitutes the LIRAP fee as

defined in §114.7 of this title (relating to Low Income Vehicle Repair Assistance,

Retrofit, and Accelerated Vehicle Retirement Program Definitions)

(B) If participating in the LIRAP an d in the process of opting out,

vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions

inspections to the DMV or county tax assessor -collector at the time of annual vehicle

registration as part of the vehicle emissions inspection fee until the LIRAP fee

termination effective date as defined in §114.7 of this title. Of the $4.50 remitted, $2.00

constitutes the LIRAP fee as defined in §114 .7 of this title. Upon the LIRAP fee

termination effective date, vehicle owners shall remit $2.50 for motor vehicles subject to

vehicle emissions inspections to the DMV or county tax-assessor-collector at the time of

annual vehicle registration as part of the vehicle emissions inspection fee.

(C) If not participating in the LI RAP, vehicle owners shall remit

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle

emissions inspection fee.

(2) In the Dallas-Fort Worth and the extended Dallas-Fort Worth program

areas, the following requirements apply. [vehicle owners shall remit $2.50 for motorPage 40 vehicles subject to ASM-2 tests and $8.50 for motor vehicles subject to OBD tests to the

DMV or county tax assessor-collector at the time of the annual vehicle re gistration as part of

the vehicle emissions inspection fee.]

(A) Vehicle owners in counties participating in the LIRAP shall

remit $2.50 for motor vehicl es subject to ASM-2 tests and $8.50 for motor vehicles

subject to OBD tests to the DMV or county ta x assessor-collector at the time of annual

vehicle registration as part of the vehicle emissions inspection fee. Of the $8.50 remitted

for OBD tests, $6.00 constitutes the LIRAP fe e as defined in §114.7 of this title.

(B) Vehicle owners in counties pa rticipating in the LIRAP that are

in the process of opting out shall remit $2.50 for motor vehicles subject to ASM-2 tests

and $8.50 for motor vehicles subject to OB D tests to the DMV or county tax assessorcollector at the time of annual vehicle regi stration as part of the vehicle emissions

inspection fee until the LIRAP fee termination effective date as defined in §114.7 of this

title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in

§114.7 of this title. Upon the LIRAP fee termination effective date, vehicle owners in

participating counties that are in the process of opting out of the LIRAP shall remit

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle

emissions inspection fee.Page 41 (C) Vehicle owners in counties no t participating in the LIRAP shall

remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or

county tax-assessor-collector at the time of annual vehicle re gistration as part of the

vehicle emissions inspection fee.

(3) In the Houston-Galveston-Brazoria program area, the following

requirements apply. [vehicle owners shal l remit $2.50 for motor vehicles subject to

ASM-2 tests and $8.50 for motor vehicles subj ect to OBD tests to th e DMV or county tax

assessor-collector at th e time of the annual vehicle regi stration as part of the vehicle

emissions inspection fee.]

(A) Vehicle owners in counties partic ipating in the LIRAP shall remit $2.50 for

motor vehicles subject to ASM-2 te sts and $8.50 for motor vehicles

subject to OBD tests to the DMV or county ta x assessor-collector at the time of annual

vehicle registration as part of the vehicle emissions inspection fee. Of the $8.50

remitted for OBD tests, $6.00 constitutes the LIRA P fee as defined in §114.7 of this title.

(B) Vehicle owners in counties pa rticipating in the LIRAP that are

in the process of opting out shall remit $2.50 for motor vehicles subject to ASM-2 tests

and $8.50 for motor vehicles subject to OB D tests to the DMV or county tax assessorcollector at the time of annual vehicle regi stration as part of the vehicle emissions

inspection fee until the LIRAP fee termination effective date as defined in §114.7 of this

title. Of the $8.50 remitted for OBD tests, $6.00 constitutes the LIRAP fee as defined in

§114.7 of this title. Upon the LIRAP fee te rmination effective date, vehicle owners inPage 42 participating counties that are in the process of opting out of the LIRAP shall remit

$2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or county

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle

emissions inspection fee.

(C) Vehicle owners in counties no t participating in the LIRAP shall

remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or

county tax-assessor-collector at the time of annual vehicle registra tion as part of the

vehicle emissions inspection fee.

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Section 114.87, Subchapter C: Inspection and Mainte nance Fees (Early Action Compact Program County)

Section 114.87 details I/M fees in EAC areas. The submittal amends Section 114.87 to apply the same changes for nonattainment counties adopted in Section 114.53 to early ac tion compact counties. Section 114.87(d)(1) – (3) explains remittance of I/M fees, including the LIRAP fee, in a county participating in the LIRAP, a participating county that is in the process of op ting out of the LIRAP, and a county that is not participating in the LIRAP and not subject to the LIRAP fee.

Section 114.87(d)(1) includes the description of state LIRAP f ees vehicle owners pay during vehicle registration in participating EAC counties. Section 114.87(d)(2) describe s the state fees vehicle owners pay during vehicle re gistration in participating EAC counties that are in the process of opting out of the LIRAP, and includes the LIRAP fee until the effective LIRAP fee termination date, after which
state fees do not include the LIRA P fee. Section 114.87(d)(3) describes th e state fees vehicle owners pay during vehicle registration in non- participating EAC counties, which does not include the LIRAP fee.

As stated previously, the LIRAP is not required by the CAA, but certain provisions relating to the program and program fees have been approved into the Texas SI P to allow for full implementation of the State’s I/M program and strengthen the SI P. The changes in the submittal to Section 114.87 provide further delineation and clar ification regarding which parts of the fees are for LIRAP. We find
the more detailed breakdown of the LIRAP fees in EAC Program counties participating in, in the process of opting out, and not partic ipating in the LIRAP, approvable because they do not conflict with any federal requirement, and the Program is voluntary.Page 43 The Section 114.87 (d)(1) – (3) revisions are show n below in underline (additions) and brackets (deletions):

________________________ ______________________ _______________

§114.87. Inspection and Maintenance Fees.

(d) Beginning [Effective] on the single stic ker transition date as defined in §114.1

of this title in Travis and Williamso n Counties, the following requirements

apply. [vehicle owners shall remit $4.50 for motor vehicles subject to vehicle emissions

inspections to the Texas Department of Motor Vehi cles or county tax assessor-collector at the

time of the annual vehicle registration as part of the vehicle emissions inspection

fee.]

(1) Vehicle owners in counties partic ipating in Low Income Vehicle Repair

Assistance, Retrofit, and Accelerated Vehicl e Retirement Program (LIRAP) shall remit

$4.50 for motor vehicles subject to vehicle emissions inspections to the Texas

Department of Motor Vehicles (DMV) or county tax assessor-collector at the time of

annual vehicle registration as part of the vehicle emissions inspection fee. Of the $4.50

remitted, $2.00 constitutes the LIRAP fee as defi ned in §114.7 of this title (relating to

Low Income Vehicle Repair Assistance, Re trofit, and Accelerated Vehicle Retirement

Program Definitions).

(2) Vehicle owners in counties part icipating in the LIRAP and in the

process of opting out shal l remit $4.50 for motor vehicles subject to emissions

inspection to the DMV or county tax assessor -collector at the time of annual vehiclePage 44 registration as part of the vehicle emissions inspection fee until the LIRAP fee termination

effective date as defined in §114.7 of this ti tle. Of the $4.50 remitted, $2.00 constitutes the

LIRAP fee as defined in §114.7 of this title. Upon the LIRAP fee termination effective date,

vehicle owners in participating counties that are in the process of opting out of the LIRAP

shall remit $2.50 for motor vehicles subject to vehicle emissions inspections to the DMV or

county tax-assessor-collector at the time of annu al vehicle registration as part of the vehicle

emissions inspection fee.

(3) Vehicle owners in counties not pa rticipating in the LIRAP shall remit

$2.50 for motor vehicles subject to vehicle emissions inspection to the DMV or county

tax-assessor-collector at the time of annual vehicle registration as part of the vehicle

emissions inspection fee.

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