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) Chapter 114: Control of Air Pollution from 

Motor Vehicles

August 22, 2016 

U.S. EPA Region 6, Air Branch 

State Implementation Section A 
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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 Submittal 

 
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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 provides 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: Definitions; 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 sections 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 evaluation 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 for each submittal as published in the Texas Register 

(Tex. Reg) – underlines and yellow highlight for new text and bracketed strikeout for deletions of text. 

Background 

Vehicle Inspection & Maintenance 

The Texas vehicle inspection and maintenance program, dubbed the Texas Motorist Choice 

(TMC) Program, was approved by EPA in a Federal Register on November 14, 2001 (66 FR 57261). 

 The State’s TMC Program requires 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 subject to annual inspection and testing. Vehicles in 

Dallas, Tarrant, Collin, Denton, Ellis, Johnson, Kaufman, Parker, and Rockwall counties in the DallasFort Worth (DFW) area; and Harris, Galveston, Brazoria, Fort Bend, and Montgomery in the HoustonGalveston-Brazoria (HGB) nonattainment area; and El Paso1 that are 1995 and older 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. 
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ASM-2 tailpipe test. Vehicles in those counties that are 1996 and newer receive the On-Board 

Diagnostic (OBD) test in place of the tailpipe test. 66 FR 57261, at 57262. 

 Vehicles in all area programs are currently subject to a gas cap pressure check and an antitampering inspection as part of the statewide annual safety inspection. The last EPA approval of changes 

to the I/M rules were effective 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 objectives 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 vehicles that fail emissions inspections. HB 2134 required the TCEQ and the 

Texas Department of Public Safety (DPS), by rule, to provide the minimum guidelines by which eligible 

counties may implement the LIRAP. The TCEQ, in coordination 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 those counties that have implemented vehicle 

emissions I/M programs are eligible to participate 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, Rockwall, and Tarrant Counties in the DFW area; 

Travis and Williamson Counties in the Austin-Round Rock (ARR) area; and El Paso County. To 

participate, an eligible county must submit a written request to the TCEQ from the county 

commissioner’s court to implement the LIRAP. The TCEQ executive director and the participating 

county then enter into a grant contract for implementation 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 qualifying vehicle owners in participating counties for emission- related 

vehicle repair, retrofit, and replacement. LIP funds are granted to participating counties for use in 

approved projects focused on improving air quality in the program area. 27 Tex. Reg. 3194. 

The LIRAP is funded through a fee (LIRAP fee) that is charged to vehicle owners in 

participating counties. The LIRAP fee is $6.00 in participating DFW and HGB-area counties, and it is 

charged to vehicle owners who receive OBD emissions 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 remitted at authorized inspection stations during annual vehicle safety 

and emissions inspections until March 1, 2015. As of that date, the LIRAP fee is paid to the Texas 

Department of Motor Vehicles (DMV) or county tax assessor-collector during vehicle registration. This 

change is a result of a 2014 revision to 30 TAC 114, Subchapters A, B, and C (Rule Project Number 

2013-035-114-AI), transitioning the state to a single sticker system for vehicle inspection and 

registration and implementing HB 2305, 83rd Texas Legislature, 2013, which is detailed in Section C1 

of this TSD. 39 Tex. Reg. 9469. 
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On April 28, 2014, the TCEQ received Court Order No. 2014-221-04-21 from the Collin County 

Commissioners Court withdrawing the county from participation in the LIRAP. The court order was 

sent with a letter requesting that the commission release Collin County 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 counties 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 with a procedure for opting out of the LIRAP, which includes being released 

from collection of the LIRAP fee and ending the contract between the county and the TCEQ Executive 

Director. The rulemaking also amends 30 TAC 114, Subchapter 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 counties participating in the LIRAP and non-participating 

counties. The rulemaking also amends 30 TAC 114, Subchapter C, Divisions 1 through 3. Division 1 is 

amended to specify the I/M fees that apply in a participating nonattainment county, a county that is in 

the process of opting out of the LIRAP, and a non-participating nonattainment county. Division 2 is 

amended to provide a mechanism for participating nonattainment counties to opt out of the LIRAP, and 

Division 3 is amended to provide a mechanism for early action compact (EAC) counties 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 into the Texas SIP to allow for full implementation of the State’s I/M 

program and as a program enhancement that strengthens the SIP. 

B. Legal Authority 

The Texas Health and Safety Code (THSC) and 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 powers to carry out its duties; §5.103 requires the commission to adopt 

any rules necessary to carry out the powers and duties under the provisions of the TWC and other laws 

of the state; and §5.105 requires the commission by rule to establish and 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, consistent with the protection of public health, general 

welfare, and physical property; §382.011 requires the commission to establish the level 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, comprehensive plan for the control of the state's air; 

§382.017 authorizes the commission to adopt rules consistent with the policy and purposes of the Texas 

Clean Air Act; §382.019 authorizes the commission to adopt rules to control and reduce emissions from 

engines used to propel land vehicles; §382.023 authorizes the commission to issue orders and make 

determinations as necessary to carry out the purpose of this chapter; Chapter 386 establishes the Texas 

Emission Reduction Plan (TERP) program; and Chapter 392 establishes the Texas Clean Fleet Program 

(added by Texas Senate Bill (SB) 1759 of the 81st Legislature, 2009.) 
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In this TSD, we are evaluating two Texas SIP revisions (shown in Table 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 these 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 our technical review of the SIP revisions identified above, which the 

TCEQ submitted to address various changes to Title 30 of the Texas Administrative Code, Chapter 114, 

Control of Air Pollution from Motor Vehicles. Our review includes a detailed evaluation 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, 2015 Texas SIP submittal (Texas Rule Project Nos. 2013-

035-114-AI and 2013-041-SIP-NR). The 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 support, and requesting clarification regarding 1) 

how vehicle owners will be made aware of the requirement to perform an emission inspection no earlier 

than 90 days before the expiration of the vehicles registration; and 2) how the transition from sticker-
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based enforcement to registration denial enforcement starting March 1, 2015 will take place, especially 

when inspection due dates and vehicle registration 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 implement 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 renewal inserts, webinars, press releases, radio 

and newspaper advertisements and numerous other outreach efforts. Please see the email from TCEQ 

dated August 25, 2016 that is available in the Docket for viewing the complete list of the 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 vehicle registration.” We find 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 available 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 terminology is available consistent 

throughout the Program. 

These revisions are ministerial, add 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 the dual sticker program to new the single sticker. The revision to 
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114.2(14) adds subsections (A) - (C) to describe the application of this definition before during and after 

the transition. 

These revisions are ministerial, add 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 against duplication, sale, distribution, or use of false, counterfeit, or stolen 

vehicle registration insignia stickers and other ministerial changes. Please see the Final Adopted Rule 

Revisions file in the Docket EPA-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. 
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The revisions shown above are approvable because they will not interfere with attainment and 

reasonable further progress or any other applicable requirement in accordance with CAA §110(l). 

These revisions are ministerial, add 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 incorporate 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 incorporate the single sticker transition date for El Paso County. 

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

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

114.53(d) is revised to incorporate the information regarding vehicle owner fee obligations for the 

various program areas as shown below in underline and yellow highlight: 
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These revisions are ministerial, add 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 yellow highlight) in the next few 

pages to add the single sticker transition date text, and other administrative changes, to the control 

requirements section of Chapter 114. 
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These revisions are ministerial, add 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 revisions in strikeout, underline and yellow highlight to 

Sections 114.82, 114.83, 114.84 and 114.87: 
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These revisions shown above are ministerial and are therefore approvable.
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These revisions are ministerial and are therefore approvable.
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These revisions are ministerial, add 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. 
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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 revisions 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 without revision. In that rulemaking, the State of 

Texas adopted amendments to other sections that are not submitted as revisions to the SIP. EPA did not 

provide any comments on the State’s proposed rulemaking for the June 11, 2015 SIP submittal. Note 

that the changes described in the June 11, 2015 Texas 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 regulations 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 used in Subchapter A for the I/M program. In 

Section 114.2 the acronym for the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated 

Vehicle Retirement Program is replaced with the full program title to be consistent with the title of the 

referenced subchapter and Texas Register requirements. In Section 114.2(12) “Related” is changed to 

“Relating”. 

These revisions to Section 114.2 are ministerial, and/or add clarification 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 Health and Safety Code, Chapter 382, also 

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

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

pollution control. In addition to the terms that are defined by the TCAA, the following 
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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 Program [LIRAP]; and Early Action Compact

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

(1)...

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

§114.1 of this title (relating [related] to Definitions), 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 Section 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 “El Paso County,” and the rest of the paragraph is 

deleted. Similar revisions are made to section 114.53(d)(2) and (3) for the DFW and HGB areas, 

respectively. 

These changes are ministerial, add clarification, are necessary for the additions to Section 114.53 

described below, and are therefore approvable. 
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Section 114.53, Subchapter C: Inspection and Maintenance Fees (Non-attainment areas), 

Additions 

 Section 114.53(d)(1) – (3) are amended to more fully describe the LIRAP fee as it relates to the 

vehicle I/M programs in El Paso County and the DFW 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 and is not subject to the LIRAP fee. 

Sections 114.53(d)(1)–(3) are reorganized to allow the adopted subparagraphs to be consistent 

among the paragraphs of Section 114.53(d). The state fees vehicle owners pay during vehicle 

registration in participating counties, subparagraph (A) for each paragraph in Section 114.53(d), 

includes the LIRAP fee. The state fees vehicle owners pay during vehicle registration in participating 

counties that are in the process of opting out of the LIRAP, subparagraph (B) for each paragraph in 

Section114.53(d), includes the LIRAP fee until the effective LIRAP fee termination date, after which 

state fees will not include the LIRAP fee. The state fees vehicle owners 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 TCEQ deleted language from this section detailing the I/M fees for El 

Paso County in the event that passed a resolution to participate in the LIRAP and replaced it with “(1) In 

El Paso County, the following requirements apply.” 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 TCEQ deleted language from this section detailing the I/M fees for the 

DFW and the extended DFW program areas and replaced it with “(2) In the Dallas-Fort Worth and the 

extended Dallas-Fort Worth program areas, the following 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 process of opting out, and not 

participating in the LIRAP. 

Section 114.53(d)(3): The TCEQ deleted language from this section detailing the I/M fees for the 

HGB program area and replaced it with “(2) In the Houston-Galveston-Brazoria program area, the 

following requirements apply.” The TCEQ added new Sections 114.53(d)(3)(A), (B), and (C) which 

detail the I/M fees for HGB program area for the three scenarios outlined above, 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 SIP to allow for full implementation 

of the State’s I/M program and strengthen the SIP. The changes in the submittal to Section 114.53 
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provide further delineation and clarification regarding which parts of the fees are for LIRAP. We find 

the more detailed breakdown of the LIRAP fees in counties in Non-attainment areas 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 shown 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 required 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 the annual vehicle registration as part of the 

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

resolution that is approved by the commission to participate in the Low Income 

Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement 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 fee beginning upon the date specified by the 

commission.] 
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(A) If participating in the LIRAP, 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. 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 and 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 LIRAP, 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 motor 
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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 registration as part of 

the vehicle emissions inspection fee.]

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

remit $2.50 for motor 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 annual 

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

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

(B) Vehicle owners in counties participating 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 OBD tests to the DMV or county tax assessorcollector 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 $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.
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(C) Vehicle owners in counties not 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 registration as part of the 

vehicle emissions inspection fee.

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

requirements apply. [vehicle owners shall remit $2.50 for motor 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 registration as part of the vehicle 

emissions inspection fee.] 

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

motor 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 annual 

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

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

(B) Vehicle owners in counties participating 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 OBD tests to the DMV or county tax assessorcollector 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 $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 
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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 not 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 registration as part of the

vehicle emissions inspection fee. 

_____________________________________________________________

Section 114.87, Subchapter C: Inspection and Maintenance 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 action 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 opting 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 fees vehicle owners pay during 

vehicle registration in participating EAC counties. Section 114.87(d)(2) describes the state fees vehicle 

owners pay during vehicle registration 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 LIRAP fee. Section 114.87(d)(3) describes the 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 SIP to allow for full implementation 

of the State’s I/M program and strengthen the SIP. The changes in the submittal to Section 114.87 

provide further delineation and clarification 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 participating in the LIRAP, approvable because they do not conflict with 

any federal requirement, and the Program is voluntary. 
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The Section 114.87 (d)(1) – (3) revisions are shown below in underline (additions) and brackets 

(deletions): 

_____________________________________________________________ 

§114.87. Inspection and Maintenance Fees. 

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

of this title in Travis and Williamson 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 Vehicles 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 participating in Low Income Vehicle Repair

Assistance, Retrofit, and Accelerated Vehicle 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 defined in §114.7 of this title (relating to 

Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement

Program Definitions).

(2) Vehicle owners in counties participating in the LIRAP and in the

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

inspection to the DMV or county tax assessor-collector at the time of annual vehicle
Page 44

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 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.

(3) Vehicle owners in counties not participating 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. 

_________________________________________________________________