Bryan W. Shaw, Ph.D., Chairman 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

Mark R. Vickery, P.G., Executive Director 

r 'l ,... ~~ 

i"\~--~v' :_: +i •·· .·I t~;-

10 DEC 2 8 Prl 3: :r1 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

December 22, 20 1 0 

Dr. Alfredo"Al" Armendariz, Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Dr. Annendariz: 

---------" 

, 2009-1610-RUL 

2009-050-114-EN 

On November 18, 2010, the Texas Commission on Environmental Quality (Commission) adopted revisions to 

the Texas Inspection and Maintenance (liM) state implementation plan (SIP) concerning the requirements for 

low-volume vehicle emissions inspection stations and the vehicle emissions inspection analyzer specifications. 

The Commission adopted amendments to 30 Texas Administrative Code (TAC) Chapter 114, Control of Air 

Pollution from Motor Vehicles, Sections·114.2, 114.51, and 114.64. These rule changes and SIP revisions will 

implement House Bill 715 from the 8lst Texas Legislature, 2009, Regular Session, relating to requiring lowvolume vehicle emissions inspection stations to meet the criteria for a low-volume waiver established by the 

Texas Department of Public Safety. The adopted 11M SIP revision will also streamline the process for 

implementing minor non-programmatic modifications to the vehicle emissions inspection analyzer 

specifications and include various non-substantive changes to apply appropriate and consistent use of acronyms, 

section references, structure, formatting, and certain tem1inology. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearings, and the accompanying orders. I look forward to your expeditious approval of these SIP revisions. 

Sincerely, 

BWS/jmm 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality 

P. 0. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us 
Bryan W. Shaw, Ph.D., Chairman 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

'• ' 

':._; 

~ 

.,, -~ t'' -~ . 1:·_ '.,~--

'· 

Mark R. Vickery, P.G., Executive Director 7\l\G o·:c 28 PH z, 5\ 

TEXAS COMMISSION ON ENVIRONMENTAL QVAtrW s:~tt 

11 ~1!1". I" I -1: ' D,. ·l·l i'):~ c ""· .) t: 

Protecting Texas by Reducing and PrevenNng Pollution 

December 22, 20 I 0 

Dr. Alfredo "AI" Armendariz, Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Dr. Armendariz: 

Docket No. 2009-1613-SIP, 2009-1610-RUL 

Project No. 2009-035-SIP-NR, 2009-050-114-EN 

On November 18, 2010, the Texas Commission on Environmental Quality (Commission) adopted revisions to 

the Texas Inspection and Maintenance (liM) state implementation plan (SIP) concerning the requirements for 

low-volume vehicle emissions inspection stations and the vehicle emissions inspection analyzer specifications. 

The Commission adopted amendments to 30 Texas Administrative Code (TAC) Chapter 114, Control of Air 

Pollution from Motor Vehicles, Sections 114.2, 114.51, and 114.64. These rule changes and SIP revisions will 

implement House Bill 715 from the 81st Texas Legislature, 2009, Regular Session, relating to requiring lowvolume vehicle emissions inspection stations to meet the criteria for a low-volume waiver established by the 

Texas Department of Public Safety. The adopted 11M SIP revision will also streamline the process for 

implementing minor non-programmatic modifications to the vehicle emissions inspection analyzer 

specifications and include various non-substantive changes to apply appropriate and consistent use of acronyms, 

section references, structure, formatting, and certain terminology. 

Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record of the public 

hearings, and the accompanying orders. 1 look forward to your expeditious approval of these SIP revisions. 

Sincerely, 

BWS/jmm 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 Austin, Texas 7871!-3087 512-239-1000 Internet address: www.tceq.state.tx.us 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

THE STATE OF TEXAS 

COUNTY OF TRAVIS 

Docket No. 2009-1613-SIP, 2009-1610-RUL 

This is to certify that the attached are ttue and correct copies of docwnents for revisions to the Texas 

State Implementation Plan, adopted on November 18, 2010, pursuant to 40 Code of Federal Regulations § 

51.104. I am the records administrator for the Air Quality Division of the Texas Commission on Environmental 

Quality (Commission). 
Texas Commission on Environmental Quality 

Public Hearings 

July 20, 21, 22, 2010 

Concerning Revisions to the 

Inspection and Maintenance {IfM) State Implementation Plan 

Project No. 2009-035-SIP-NR 
INTRODUCITON 

The Texas Commission on Environmental Quality (commission) held public hearings in Fort Worth 

on July 20, 2010; in Austin on July 21, 2010; and in Houston on July 22, 2010, to receive testimony 

regarding 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles and corresponding 

revisions to the state implementation plan (SIP). 

The SIP revision implements House Bill 715 from the 81St Texas Legislature, 2009, Regular Session, 

related to requiring low-volume vehicle emissions inspection stations to meet the criteria for a lowvolume waiver established by the Texas Department of Public Safety. The proposed revision also 

streamlines the process for implementing minor non-programmatic modifications to the vehicle 

emissions inspection analyzer specifications and includes various non-substantive changes to apply 

appropriate and consistent use of acronyms, section references, structure, formatting, and certain 

terminology. 

The comment period closed on July 26, 2010. All testimony and comments have been reviewed and 

seriously considered. This hearing record contains a complete record of the public hearings and is 

divided into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation ofTestimony 

o Staff Recommendations/Order 

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Edgar Gilmore at (512) 239-

2069. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

Notification to the public of the proposed revisions was conducted by the following procedures: 

1. Publication of notice of public hearings in the following newspapers on the date listed: 

Austin American-Statesman: June 18, 2010 

Fort Worth Star-Telegram: June 18,2010 

Houston Chronicle: June 18, 2010 

2. Publication of the Notice of Public Hearings in the July 2, 2010, issue of the Texas Register (35 

TexReg 5967). 

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Austin, Mayor's Office 

City of Dallas, Department of Environmental and Health Services 

City of Dallas, Department of Aviation 

City of Dallas, Mayor's Office 

City of El Paso, Environmental Services 

City of Fort Worth, Environmental Management Department 

City of Fort Worth, Mayor's Office 

City of Houston, Department of Health and Human Services 

City of Houston, Mayor's Office 

Dallas County Judge 
East Texas Council of Governments 

El Paso Metropolitan Planning Organization 

Federal Highway Administration 

Galveston County Health District 

Harris County Judge 

Harris County Public Health and Environmental Services 

North Central Texas Council of Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning Commission 

Tarrant County Judge 

Texas Department of Transportation 

Travis County Judge 

Victoria Metropolitan Planning Organization 

Arkansas Department of Pollution Control and Ecology 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

United States Environmental Protection Agency 
Example of Newspaper Classified Ad 

Austin American-Statesman, June 18, 2010 

PUBUC HEARINGS ON PROPOSED REVISIONS TO 3D T AJ:, CHAPTER 114 AND REVISIONS TO THE STATE 

IMPl.!MENTATlON PLAN The Tuaa CammiUion Cll Envlcnmii'Ual Ouluty [TCEQ or commlakl'l) wll conduCt 

pubtlc nunn;s k:l recaNa testimony regarding ~paa•CI amendments to 30 T 8IC8I Al:lmlriBUatiYB Coda (T AC) 

Chlplllr 114, cantra1 of Alr Pa&IUtkJn fram MatarVahlclas,114.2, 114.61, anel114.611: lhi1'8J)1181 of 114..52; and 

nMiionllo lhe stall inplamanl8Uon plan (SIFt~ undllr lhl requllwn11111 Df Texas Hullh and safety CIXIa, 382.017; 

TSICU GCMimrnenl COda, Chlptlr 2001, SUbChllpter B; anei4D COde of Federal Regulations ei1.102 of the Unllad 

SlaiiS Environmonlal Prolecllon Agoncy (EPA) regulallcns ccnc:amlng SIPs. The prcpc11od rulomoldng would 

lmplemont House em (HB) 715 and HB 17ll6 flam the 8111 Toxasl.ogillll ... , 20011, RllgulorSoa.,., raallng 10 

raqulring IDw-vDIIJml vehicte amilslon& lnaPicllon ataU0111 m mHt the crtlalil fer a lr:»-YYOume waiver ambltsl'lad 

by lha Texas Depll1mant Df Public safely and Increasing the maxbnum lima alkJw8d from rtve to len dllys that 

ccunlllll wllha\18 10 roimburle - ships porticipating In the Lew lnccmo Vehicle Rllpolr Al1111anco, Rlltrollt, and 

AcceloratodVBI*>Io Rlltlranont-nco PnJgrarn, respoc~No~y. Tho p,_.a rulomaldng would olio 11roamlino 

lh8 process for tmplernenltng mitor non.programmatlc modlllcatlon& 10 lhe vahlde emilllon& tnspactlon anatyur 

opoclf- and ._1 the Eal1y Portlcipllllon lnconllve ._ (Rulo Projoct Numbor 200o-1127-114-EII) The 

pn>pooo<l SIP millen would l"""'"'ont HB 715 from file 8111 Toas Legislature, 200U, RegUar Slulon, rotated 10 

requiring kJW-YDI,ume vahlde emillkJns tnspecllon stations to meet 118 crfteri8 for a kJW-voluma watver establlBhed 

by tho T-Oopor1menl of Pubic Sofety. Tho --IOIII&lcnwauld -•IJ'Iamlino tho prucoos fct I imp&emenlii'JIJ ninor non-PIOSII&ii • I Wile moclficalk:Jnli: to 1ha Wihlcle emissions Inspection analyzer 8p8dlcations and 

I Include various .........-Uve cnsngea 10 apply appropriate and ccn!llatentuoe of acrcnyms, sacllon ri!IEotllrCBO, 

I 

structure, -.oUing, and C81111n tenninolcgy, (SIP Project Numbor 20Do.G35-IIIP-NR) The r:cmmla&lcn wBI held 

public halngs en th ... propcsalain Fort Werth en July 20, 2010, at 2:00 p.m. at the TCEQ, Raglcn 4 Office, 

DaUa..,.ort Werth Public Meeting Rccm. 2309 Grovel-· Fort Worth, TX78118; In Au'*' en Juty2'1, 2010, at . 

1

11);00 Lnl. at tho TCEQ, Bulldilg ~. Room 2016, 12100 Park 35 Circle, Aulfln, TX. 7B7s:l; and In HIIUIIDn on July , 

22,2010, at 3:00p.m. at the Houston-Gal- Ania Council, CorrhironceRucm A, 35SST1mmcnsLane, Hcuri1Dn,! 

TX 77f1ZT. The haarlngs are stnrciUrad ftr the racolpl of oral crwrtttan ccmmon1s by lntlnllitoa parmns, -

may pre- cnJ n-when calod upon In craor of reg-. Opon clsaluicn wll net be~ during 

the heartngs; hDMNBr, cornrntssim staff rnemberl will be B\l'allal:*l k:l diBculs the proposal 30 mlnuta5 prior to the 

hearingS. PenJons wtJJ heve apadal communlcaUan or alhl!ll'" 8CCtiiTinlOdall needs who are plamlng to attend the 

hoanngs ohcukl CCilGocl Olar1ctto Hem, Oflico of'-' Sorvloes at (512)'238-0ml. Rllqueats shoUld be made as 

far In ad\lanca aa poaslbla. Wrttten comnenl& may be aubrNttad to Mk:tiEHII Partbih, MC 205. omce r1 i..egat 

Servlcas, Texas canrhlsskm on Environrnenbll Cualby, P.O. BoX 13087, Auatin, iaxas 78711-3087, or faqd m 

I

. (512) 239-41108. EIBCII'OIIIc ccmmonts may be lllllmtlsd at hltp:ilwwwS.tcaq.aiate.tx. USinrtoWccmilii!lllal. Fie &lze 

rastrtcl:lans may appty tD comments being SUbmiUBd v1a the aCormnants system. All anmaniS pertaining ao the 

rutlmaklng should 18(810flce RUIB ProjBCl Number 2DflB.027 -114-eN. AU comment& ralalilg 10 the SIP nNislcn 

I 

shoUld rahirance Prcjecl Numbor200g.(J35.. SIP-NR. The ocmmont poriCd -July 25, 2010. Ccplas of thB 

prapaalld rulamlldng can be obtained ftom-th• cornrnlssicn'J Web lila al tmp:l/wwW.tclq.ata1e.tx.UII 

nBYinrles/prapooo_adcpt.hlml. Cqilos of tho f'RliXli8CI S<P rovillcn and an appandlcos can be cbtllnod from tho 

TCCQ'I Web sllli at http:/lwww.tcaq.llate.lx.usllmplomantattcnlali'lllplslpphtml. Fer further lnlcrmaliCin, piaasa 

1 contact Edgsr J. Glmara, Jr. AlrQualty Plonnlng Socllcn, (512) ~. 

I 
The TCEQ may grant a contested ase hearing on the petition if a writ· 

ten hearing request is filed withi 30 days after the newspaper publication of the notice. To request contested case hearing, you must 

submit the following: (I) your n e (or for a group or association, an 

official representative), mailing a dress, daytime phone nwnber, and 

fax number, if any; (2) the name o the Petitioner and the TCEQ Inter· 

nal Control Number; (3) the s ent "1/we request a contested case 

hearing"; ( 4) a brief description o how you would be affected by the 

petition in a way not common to e general public; and (5) the lo· 

cation of your property relative to he proposed District's boundaries. 

You may also submit your propo d adjustments to the petition. Re· 

quests for a contested case hearing must be submitted in writing to the 

Office of the Chief Clerk at the ad ss provided in the information section below. The Executive Direc may approve the petition unless a 

written request for a contested c hearing is filed within 30 days after 

the newspaper publication of this otice. If a hearing request is filed, 

the Executive Director will not ap rove the petition and will forward 

the petition and hearing request to e TCEQ Commissioners for their 

consideration at a scheduled Co ission meeting. If a contested case 

hearing is held, it will be a legal roceeding similar to a civil trial in 

state district court. Written hearin requests should be submitted to the 

Office of the Chief Clerk, MC 105, CEQ, P.O. Box 13087, Austin, TX 

78711-3087. For information con eming the hearing process, please 

contact the Public Interest Counse MC 103, at the same address. For 

additional information, individua1 embers of the general public may 

contact the Districts Review Team at (512) 239-4691. 

Si desea informacion en Espailol puede Llwnar a1 (512) 239-0200. 

General information regarding TC Q can be found at our web site at 

www.tceq.state.tx.us. 

TRD-201 003601 

LaDonna Castaf'luela 

Chief Cieri< 

Texas Commission on Environmen I Quality 

Filed: June 23, 2010 

• • 

Notice of Public Hearings on Proposed Revisions to 30 TAC 

Chapter 114 and Revisions to the State Implementation Plan 

The Texas Commission on Environmental Quality (fCEQ or commission) wiJI conduct publie hearings to receive testimony regarding proposed wnendments to 30 Texas Administrative Code (TAC) Chapter 

114, Control of Air Pollution from Motor Vehicles, §§114.2, 114.51, 

and 114.64; the repeal of §114.52; and revisions to the state implementation plan (SIP), under the requirements of Texas Health and Safety 

Code, §382.017; Texas Government Code, Chapter 2001, Subchapter 

B; and 40 Code of Federal Regulations §51.102 of the United States 

Environmental Protection Agency (EPA) regulations concerning SIPs. 

The proposed rulemaking would implement House Bill (HB) 715 and 

HB 1796 from the 81 st Texas Legislature, 2009, Regular Session, relating to requiring low-volume vehicle emissions inspection stations to 

meet the criteria for a low-volume waiver established by the Texas Department of Public Safety and increasing the maximum time allowed 

from five to ten days that counties will have to reimburse dealerships 

participating in the Low Income Vehicle Repair Assistance, Retrofit, 

and Accelerated Vehicle Retirement Assistance Program, respectively. 

The proposed rulemaking would also streamline the proeess for implementing minor non-programmatic modifications to the vehicle emissions inspection analyzer specifications and repeal the Early Participation Incentive Program. (Rule Projeet Number 2009-027-114-EN) 

The proposed SIP revision would implement HB 715 from the 81st 

Texas Legislature, 2009, Regular Session, related to requiring low-volwne vehicle emissions inspection stations to meet the criteria for a lowvolume waiver established by the Texas Department of Public Safety. 

The proposed revision would also streamline the process for implementing minor non-programmatic modifications to the vehicle emissions inspection analyzer specifications and include various non-substantive changes to apply appropriate and consistent use of acronyms, 

section references, structure, formatting, and certain terminology. (SIP 

Project Number 2009-035-SIP-NR) 

The commission will hold public hearings on these proposals in Fort 

Worth on July 20, 2010, at 2:00 p.m. at the TCEQ, Region 4 Of· 

fice, Dallas-Fort Worth Public Meeting Room, 2309 Gravel Road, Fort 

Worth, TX 76118; in Austin on July 21, 2010, at 10:00 a.m. at the 

TCEQ, Building E, Room 201S, 12100 Park 35 Circle, Austin, TX 

78753; and in Houston on July 22, 2010, at 3:00p.m. at the HoustonGalveston Area Council, Conference Room A, 3555 Tunmons Lane, 

Houston, TX 77027. The hearings are structured for the receipt of oral 

or written comments by interested persons. Individuals may present 

oral statements when called upon in order of registration. Open discussion will not be permitted during the hearings; however, commission staff members will be available to discuss the proposal30 minutes 

prior to the hearings. 

Persons who have special communication or other accommodation 

needs who are planning to attend the hearings should contact Charlotte 

Hom, Office of Legal Services at ( 512) 239-0779. Requests should be 

made as far in advance as possible. 

Written comments may be submitted to Michael Parrish, MC 205, 

Office of Legal Services, Texas Commission on Environmental 

Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at 

http:/lwww5.tceq.state.tx.us/ruleslecommentsl. File size restrictions 

may apply to comments being submitted via the eComments system. 

All comments pertaining to the rulemaking should reference Rule 

Project Number 2009-027-114-EN. All comments relating to the 

SIP revision should reference Project Number 2009-035-SIP-NR 

The comment period closes July 26, 2010. Copies of the proposed 

rulemaking can be obtained from the commission's Web site at 

http://www. tceq.state.tx. us/nav/ru/eslpropose _ adopt.html. Copies 

of the proposed SIP revision and all appendices can be obtained 

from the TCEQ's Web site at http:llwww.tceq.state.tx.us/implementationlair/siplsipplans.html. For further information, please contact 

Edgar J. Gilmore, Jr., Air Quality P1arming Section, (512) 239-2069. 

TR[}-201003438 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Qualfty 

Filed: June 18, 2010 

• • 

Notice of Public Hearing on P posed Revisions To 30 TAC 

Chapter 116 and Revisions to eState Implementation Plan 

The Texas Commission on Enviro ental Quality (commission) will 

conduct a public hearing to re ve testimony regarding proposed 

revisions to 30 Texas Admini ive Chapter (TAC) Chapter 116, 

Control of Air Pollution by Pe ts for New Construction or Modification, §§116.13, 116.710, II 711, 116.715- 116.718, 116.720, 

116.721, 116.730, 116.740, 116. 0, and 116.765; and to the state 

implementation plan (SIP), unde the requirements of Texas Health 

and Safety Code, §382.017; Tex Government Code, Chapter 2001, 

Subehapter B; and 40 Code of deral Regulations §51.1 02 of the 

United States Environmental ection Agency (EPA) regulations 

concerning SIPs. 

IN ADDITION July 2, 2010 35 TexReg 5967 
Bryan W. Shaw, Ph.D., Chairman 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

Mark R. Vickery, P.G., Executive Director 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Reducing and Preventing Pollution 

PUBLIC HEARINGS ON PROPOSED REVISIONS TO 30 TAC CHAPTER 114 

AND REVISIONS TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environmental Quality (TCEQ or commission) will conduct public hearings to 

receive testimony regarding proposed amendments to 30 Texas Administrative Code (TAC) Chapter 114, 

Control of Air Pollution from Motor Vehicles, §§114.2, 114.51, and 114.64; the repeal of §114.52; and 

revisions to the state implementation plan (SIP), under the requirements of Texas Health and Safety Code, 

§382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations 

§51.102 of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. 

The proposed rulemaking would implement House Bill (HB) 715 and HB 1796 from the 8lst Texas 

Legislature,.2009, Regular Session, relating to requiring low-volume vehicle emissions inspection 

stations to meet the criteria for a low-volume waiver established by the Texas Department of Public 

Safety and increasing the maximum time al1owed from five to ten days that counties will have to 

reimburse dealerships participating in the Low Income Vehicle Repair Assistance, Retrofit, and 

Accelerated Vehicle Retirement Assistance Program, respectively. The proposed rulemaking would also 

streamline the process for implementing minor non-programmatic modifications to the vehicle emissions 

inspection analyzer specifications and repeal the Early Participation Incentive Program. (Rule Project 

Number 2009-027-114-EN) 

The proposed SIP revision would implement HB 715 from the 8lst Texas Legislature, 2009, Regular 

Session, related to requiring 1ow-vo1ume vehicle emissions inspection stations to meet the criteria for a 

low-volume waiver established by the Texas Department of Public Safety. The proposed revision would 

also streamline the process for implementing minor non-programmatic modifications to the vehicle 

emissions inspection analyzer specifications and include various non-substantive changes to apply 

appropriate and consistent use of acronyms, section references, structure, formatting, and certain 

terminology. (SIP Project Number 2009-035-SIP-NR) 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • www.tceq.state.tx.us 

How is our customer service? www.tceq.state.tx.uslgoto/customersurvey 

priated on rocy<:lai paper 
The commission will hold public hearings on these proposals in Fort Worth on July 20,2010, at 2:00p.m. 

at the TCEQ, Region 4 Office, Dallas-Fort Worth Public Meeting Room, 2309 Gravel Road, Fort Worth, 

TX 76118; in Austin on July 21, 20 I 0, at I 0:00 a.m. at the TCEQ, Building E, Room 20 IS, 121 00 Park 

35 Circle, Austin, TX 78753; and in Houston on July 22, 2010, at 3:00p.m. at the Houston-Galveston 

Area Council, Conference Room A, 3555 Timmons Lane, Houston, TX 77027. The hearings are 

structured for the receipt of oral or written comments by interested persons. Individuals may present oral 

statements when called upon in order of registration. Open discussion will not be permitted during the 

hearings; however, commission staff members will be available to discuss the proposal 30 minutes prior 

to the hearings. 

Persons who have special communication or other accommodation needs who are planning to attend the 

hearings should contact Charlotte Hom, Office of Legal Services at (512) 239-0779. Requests should be 

made as far in advance as possible. 

Written comments may be submitted to Michael Parrish, MC 205, Office of Legal Services, Texas 

Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 

239-4808. Electronic comments may be submitted at http:l!www5.tceq.state.tx.uslruleslecomments/. File 

size restrictions may apply to comments being submitted via the eComments system. All comments 

pertaining to the rulemaking should reference Rule Project Number 2009-027-114-EN. All comments 

relating to the SIP revision should reference Project Number 2009-035-SIP-NR. The comment period 

closes July 26,2010. Copies of the proposed rulemaking can be obtained from the commission's Web site 

at http:l!www.tceq.state.tx.uslnav/ruleslpropose_adopt.html. Copies of the proposed SIP revision and all 

appendices can be obtained from the TCEQ's Web site at 

http:llwww.tceq.state.tx.uslimplementationlairlsiplsipplans.html. For further information, please contact 

Edgar J. Gilmore, Jr., Air Quality Planning Section, (512) 239-2069. 
REVISION TO THE STATE IMPLEMENTATION PLAN 

MOBILE SOURCE STRATEGIES 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 78711-3087 

TEXAS INSPECTION AND MAINTENANCE 

STATE IMPLEMENTATION PLAN REVISION 

DOCKETNUMBER: 2009-1613-SIP 

30 TEXAS ADMINISTRATIVE CODE 

CHAPTERI14 

PROJECT NO. 2009-035-SIP-NR 

Proposal 

June I6, 2010 
This page intentionally left blank. 
EXECUTIVE SUMMARY 

Section I of House Bill (HB) 715, 81 st Texas Legislature, 2009, Regular Session, establishes a 

minimum vehicle emissions inspection limit for low-volume emissions inspection stations that 

will become effective on December 31,2010. The vehicle emissions inspection limit for stations 

that only offer emissions inspections on 1996 and newer model-year vehicles has been a 

component of the inspection and maintenance (1/M) program in the Dallas-Fort Worth (DFW) 

and Houston-Galveston-Brazoria (HGB) ozone nonattainment areas since 2002. Currently, lowvolume emissions inspection stations may perform up to I ,200 on-board diagnostics (OBD) 

vehicle emissions inspections per year. HB 715 revised Texas Transportation Code, §5483075 to 

prevent the Texas Department of Public Safety (DPS), the agency that implements the liM 

program along with the Texas Commission on Environmental Quality (TCEQ), from restricting 

low-volume emissions inspection stations to fewer than !50 OBD inspections per month. 

On October 26, 2005, the commission adopted revisions to the 11M state implementation plan 

(SIP). These revisions required manufacturers of vehicle emissions inspection analyzer systems 

used in the 11M program to meet the requirements contained in the TCEQ's "Specifications for 

Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing 

Program," dated May I, 2005, or in the TCEQ's "Specifications for On-Board Diagnostics II 

Analyzer for Use in the Texas Vehicle Emissions Testing Program," dated May I, 2005. These 

documents are also referred to as the vehicle emissions testing analyzer specifications (T AS). 

Since October 2005, the TAS have been modified four times to improve oversight and enhance 

effectiveness of the 11M program but have not been incorporated into the 11M SIP. These minor 

non-programmatic modifications did not affect the vehicle emissions inspection procedure or the 

design and performance criteria for the vehicle emissions inspection analyzer. However, the 

minor non-programmatic modifications did include updates to accommodate new technology 

vehicles, enhancements to the method of collecting inspection data that is used to identifY the 

occurrence of improper inspections, and updates to internal reference tables used to determine the 

applicable vehicle emissions inspection criteria. 

The proposed 11M SIP revision incorporates changes needed to comply with the requirements of 

HB 715. In addition, the proposed revision would define theTAS as "the most recent version" 

resulting in a more streamlined process for minor non-programmatic modifications to the T AS 

and allow staff to implement minor non-programmatic modifications including updates to 

accommodate new technology vehicles, enhancements to the method of collecting inspection 

data, and updates to internal reference tables. No modification will be considered a minor nonprogrammatic modification if it results in additional costs to vehicle inspection station owners. 

Modifications to the 11M program design, performance criteria for the vehicle emissions 

inspection analyzer, or the vehicle emissions inspection procedure are considered programmatic 

modifications and would not be implemented unless commission approval is received through the 

SIP revision process. 

The proposed revision would also remove the "Specifications for Vehicle Exhaust Gas Analyzer 

Systems for Use in the Texas Vehicle Emissions Testing Program" as an appendix to the 11M SIP 

and modifY its corresponding references while satisfYing the requirements of 40 Code of Federal 

Regulations (CFR) §51.358(c) with the language contained in Chapter 8: Test Procedures, 

Standards, and Test Equipment of the 11M SIP. In addition, the proposed revision would remove 

the "Specifications for On-Board Diagnostics II Analyzer for Use in the Texas Vehicle Emissions 

Testing Program" as an appendix to the 11M SIP and its corresponding references, as these T AS 

are no longer needed because the specifications for OBD-only vehicle inspection analyzers are 

duplicated in the "Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas 

Vehicle Emissions Testing Program." 

ES-1 
Listed below are specific revisions made in the proposed liM SIP: 

• in Chapter I: General, 

o revised the title, 

o reorganized the content of Section 1.1: Purpose, 

o reorganized content and added language regarding the low-volume emissions 

inspection station definition to Section 1.2: Background, 

o added new subtitle with reorganized content and new language regarding health 

effects of ozone and carbon monoxide in Section 1.3: Health Effects, and 

o reorganized content and added language regarding public hearings to Section 1.4: 

Public Hearings Information; 

• in Chapter 2: Applicability, 

o added new subtitles with reorganized content in Section 2.1: Legal Authority, 

Section 2.3: Pe~formance Standard, 

o added new subtitle with reorganized content and added language regarding 

nonattainment area designations and classifications in Section 2.2: Area 

Designations, Section 2.4.1: Beaumont-Port Arthur, Section 2.4.2: Dallas-Fort 

Worth, Section 2.4.3: Houston-Galveston-Brazoria, and Section 2.4.4: El Paso 

o added a new subtitle in Section 2.4: Applicable Areas, and 

o modified the definition of a low-volume emissions inspection station in Section 2.4.2: 

Dallas-Fort Worth and Section 2.4.3: Houston-Galveston-Brazoria; 

• in Chapter 8: Test Procedures, Standards, and Test Equipment, 

o added new subtitles and language regarding inspection equipment specifications, 

acceptance test procedures, and certification requirements for the inspection 

equipment to Section 8.1: General, Section 8.4.1: TSI and ASM Inspection 

Equipment, Section 8.4.1.1: Accuracy, Section 8.4.1.2: Repeatability, Section 

8.4.1.3: Response Time, Section 8.4.1.4: Interference Effects, Section 8.4.1.5: 

Water Saturated Hot Air, Section 8.4.1.6: Electromagnetic Isolation and 

Interference Tests, Section 8.4.1.7: Dilution, Section 8.4.1.8: Dual Exhaust Probe 

System Flow Rate Test, Section 8.4.2: Dynamometer, Section 8.4.2.1: Load Cell 

Verification (if equipped), Section 8.4.2.2: Speedometer Verification, Section 

8.4.2.3: Verification of Parasitic Losses, Section 8.4.2.4: VerifY Coast Down, 

Section 8.4.3: OBD Inspection Equipment, Section 8.5: Inspection Equipment 

Certification Requirements, Section 8.6: Detection Methods, Instrument Ranges, 

Accuracy, and Repeatability, and Section 8. 7: References, 

o revised the subtitle with reorganized content in Section 8.2: Inspection Process and 

Standards, 

o revised the subtitle in Section 8.3: Inspection Equipment and Required Features, 

o added new subtitles with reorganized content and added language regarding 

inspection equipment required features in Section 8.3.1: General Information, 

Section 8.3.2: TSI Inspection Equipment, Section 8.3.3: ASM Inspection Equipment, 

and Section 8.3.4: OBD Inspection Equipment, 

o added a new subtitle in Section 8.4: Acceptance Test Procedures, and 

o removed the reference to the "Specifications for On-Board Diagnostics ll Analyzer 

for Use in the Texas Vehicle Emissions Testing Program," dated May I, 2005, from 

Section 8.3.4: OBD Inspection Equipment 

• in Chapter 9: Quality Control, 

o reorganized content and added language modifying the reference to the inspection 

equipment specifications in Section 9 .I: Overview, and 

o reorganized content in Section 9.2: Equipment Calibration and Maintenance and 

Section 9.3: Document Security; 

ES-2 
• in Chapter II: Motorist Compliance Enforcement, 

o added new subtitles with reorganized content in Section 11.1: General, Section 11.2: 

Re-registration Denial, and Section 11.4: Additional Enforcement Activities, and 

o added new subtitle with reorganized content and added language modifying the 

reference to the inspection equipment specifications in Section 11.3: Sticker-Based 

Enforcement; 

• in the List of Commonly Used Terms, 

o added candidate analyzer, non-programmatic changes, and Texas Department of 

Motor vehicles, 

o removed extended Dallas-Fort Worth program area, state implementation plan, 

and Texas Department of Transportation, and 

o modified acceleration simulation mode, Dallas-Fort Worth program area, gas cap 

integrity inspection, and low-volume emissions inspection station; 

• removed the reference to the "Specifications for On-Board Diagnostics II Analyzer for 

Use in the Texas Vehicle Emissions Testing Program," dated May I, 2005, and the 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program," dated May I, 2005, from the list of appendices; 

• added a List of Acronyms; and 

• added a List of Attachments 

The proposed liM SIP revision also includes various non-substantive changes in each chapter to 

apply appropriate and consistent use of acronyms, section references, structure, formatting, and 

certain terminology. 

ES-3 
SECTION V: LEGAL AUTHORITY 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality ofthe state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more 

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's 

Texas Civil Statutes. The Texas Legislature amended the TCAA in 1969, 1971, 1973, 1979, 

1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999,2001,2003,2005,2007, and 2009. In 1989, the 

TCAA was codified as Chapter 382 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution 

control agency and is principal authority in the state on matters relating to the quality of air 

resources. In 1991, the Texas Legislature abolished the TACB effective September I, 1993, and 

its powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource 

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air 

quality is found in both the Texas Water Code (TWC) and the TCAA. Specifically, the authority 

of the TNRCC is found in TWC, Chapters 5 and 7. TWC, Chapter 5, Subchapters A - F, H - J, 

and L, include the general provisions, organization, and general powers and duties of the 

TNRCC, and the responsibilities and authority of the executive director. This chapter also 

authorizes the TNRCC to implement action when emergency conditions arise, and to conduct 

hearings. TWC, Chapter 7 gives the TNRCC enforcement authority. In 2001, the 77th Texas 

Legislature continued the existence of the TNRCC until September I, 2013, and changed the 

name of the TNRCC to the Texas Commission on Environmental Quality (TCEQ). In 2009, the 

8lst Texas Legislature, during a special session, amended §5.014 of the TWC, changing the 

expiration date of the TCEQ to September I, 2011, unless continued in existence by the Texas 

Sunset Act. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring requirements; 

to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate 

rules; to issue orders taking into consideration factors bearing upon health, welfare, social and 

economic factors, and practicability and reasonableness; to conduct hearings; to establish air 

quality control regions; to encourage cooperation with citizens' groups and other agencies and 

political subdivisions of the state as well as with industries and the federal government; and to 

establish and operate a system of permits for construction or modification of facilities. 

Local government authority is found in Subchapter E of the TCAA. Local governments have the 

same power as the TCEQ to enter property and make inspections. They also may make 

recommendations to the commission concerning any action of the TCEQ that affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

with the TCEQ or other local governments. In addition, a city or town may enact and enforce 

ordinances for the control and abatement of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the federal 

Clean Air Act; coordinate with federal, state, and local transportation planning agencies to 

develop and implement transportation programs and measures necessary to attain and maintain 

the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and 
authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated 

vehicle retirement programs. 

B. Applicable Law 

The following statutes and rules provide necessary authority to adopt and implement the State 

Implementation Plan (SIP). The rules listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH and SAFETY CODE, Chapter 382 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

September I, 2009 

September I, 2009 

Subchapter B: Organization of the Texas Natural Resource Conservation Commission 

Subchapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the Commission 

Subchapter E: Administrative Provisions for Commission 

Subchapter F: Executive Director (except §§5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 

Subchapter H: 

Subchapter 1: 

Subchapter J: 

Subchapter L: 

Subchapter M: 

5.236) 

Delegation of Hearings 

Judicial Review 

Consolidated Permit Processing 

Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only) 

Environmental Permitting Procedures (§5.558 only) 

Chapter 7: Enforcement 

Subchapter A: General Provisions (§§7.001, 7.002, 7.00251,7.0025, 7.004, and 7.005 only) 

Subchapter B: Corrective Action and Injunctive Relief(§7.032 only) 

Subchapter C: Administrative Penalties 

Subchapter D: Civil Penalties (except §7.1 09) 

Subchapter E: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 

Rules 

All of the following rules are found in Title 30, Texas Administrative Code, as of the following 

effective dates: 

Chapter 7: Memoranda of Understanding, §7.110 and §7.119 May 2, 2002 

Chapter 19: Electronic Reporting March I, 2007 

Chapter 35, Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions July 20, 2006 

Chapter 39: Public Notice, §§39.201; 39.401; 39.403(a) and (b)(8)-(IO); 

39.405(f)(l) and (g); 39.409; 39.411 (a), (bXI)-(6) and (8)-(10), (c)(l)-(6), 

and (d); 39.413(9), (II), (12), and (14); 39.418(a) and (b)(3) 

and (4); 39.419(a), (b), (d), and (e); 39.420(a), (b) and (c)(3) and (4); 

39.423 (a) and (b); 39.60!-39.605 March 29, 2006 

Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment, §§55.1; 55.2l(a)-(d), (e)(2), (3), and (12), (f), and 

(g); 55.10l(a), (b), and (c)(6)-(8); 55.103; 55.!50; 55.152(a)(l), (2), 

ii 
and (6) and (b); 55.154; 55.156; 55.200; 55.20i(a)-(h); 55.203; 

55.205; 55.209, and 55.211 

Chapter 101: General Air Quality Rules 

Chapter I 06: Permits by Rule, Subchapter A 

Chapter Ill: Control of Air Pollution from Visible Emissions and 

Particulate Matter 

Chapter 112: Control of Air Pollution from Sulfur Compounds 

Chapter 113: Standards of Performance for Hazardous Air Pollutants 

and for Designated Facilities and Pollutants 

March 29, 2006 

January I, 2009 

June 30, 2004 

July 19, 2006 

July 16, 1997 

May 14,2009 

Chapter 114: Control of Air Pollution from Motor Vehicles June 26, 2008 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds July 19,2007 

Chapter 116: Permits for New Construction or Modification May 29, 2008 

Chapter 117: Control of Air Pollution from Nitrogen Compounds March 4, 2009 

Chapter 118: Control of Air Pollution Episodes March 5, 2000 

Chapter 122: § 122.122: Potential to Emit December II, 2002 

Chapter 122: § 122.215: Minor Permit Revisions June 3, 2001 

Chapter 122: § 122. 216: Applications for Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.217: Procedures for Minor Permit Revisions December II, 2002 

Chapter 122: § 122.218: Minor Permit Revision Procedures for Permit 

Revisions Involving the Use of Economic Incentives, Marketable 

Permits, and Emissions Trading 

iii 

June 3, 2001 
SECTION VI. CONTROL STRATEGY 

A. Introduction (No change) 

B. Ozone (No change) 

I. Dallas-Fort Worth (No change) 

2. Houston-Galveston-Brazoria (No change) 

3. Beaumont-Port Arthur (No change) 

4. El Paso (No change) 

5. Regional Strategies (No change) 

6. Northeast Texas (No change) 

7. Austin Area (No change) 

8. San Antonio Area (No change) 

9. Victoria Area (No change) 

C. Particulate Matter (No change) 

D. Carbon Monoxide (No change) 

E. Lead (No change) 

F. Oxides of Nitrogen (No change) 

G. Sulfur Dioxide (No change) 

H. Conformity with the National Ambient Air Quality Standards (No change) 

I. Site Specific (No change) 

J. Mobile Sources Strategies (Revised) 

1. Inspection/Maintenance - (Revised) 

2. Transportation Control Measures (No change) 

3. Vehicle Miles Traveled (No change) 

4. Clean Gasoline (No change) 

K. Clean Air Interstate Rule (No change) 

L. Transport (No change) 

M. Regional Haze (No change) 

iv 
ASM 

BAR 

BPA 

CFR 

co 

DFW 

DPS 

EAC 

EPA 

FCAA 

FTE 

GVWR 

HB 

HC 

H-GAC 

HGB 

11M 

LIRAP 

METT 

mph 

NAAQS 

NCTCOG 

NOx 

OBD 

ppm 

QC 

RPM 

SB 

SIP 

TAC 

TACB 

TAS 

TCAA 

TCEQ 

THSC 

TIMS 

TMCP 

TNRCC 

TSI 

TTC 

TTl 

TWC 

TxDMV 

usc 

VID 

YIN 

VIR 

voc 

VRF 

LIST OF ACRONYMS (New) 

Acceleration Simulation Mode 

Bureau of Automotive Repair 

Beaumont-Port Arthur 

Code of Federal Regulations 

Carbon Monoxide 

Dallas-Fort Worth 

Texas Department of Public Safety 

Early Action Compact 

United States Environmental Protection Agency 

Federal Clean Air Act 

Full-Time Equivalent 

Gross Vehicle Weight Rating 

House Bill 

Hydrocarbon 

Houston-Galveston Area Council 

Houston-Galveston-Brazoria 

Inspection and Maintenance 

Low Income Repair and Assistance Program 

Mass Emissions Transient Testing 

miles per hour 

National Ambient Air Quality Standard 

North Central Texas Council of Governments 

Nitrogen Oxides 

On-Board Diagnostics 

parts per million 

Quality Control 

Revolutions per Minute 

Senate Bill 

State Implementation Plan 

Texas Administrative Code 

Texas Air Control Board 

Vehicle Emissions Testing Analyzer Specifications 

Texas Clean Air Act 

Texas Commission on Environmental Quality (commission) 

Texas Health and Safety Code 

Texas Information Management System 

Texas Motorist's Choice Program 

Texas Natural Resource Conservation Commission 

Two-Speed Idle 

Texas Transportation Code 

Texas Transportation Institute 

Texas Water Code 

Texas Department of Motor Vehicles 

United States Code 

Vehicle Identification Database 

Vehicle Identification Number 

Vehicle Inspection Report 

Volatile Organic Compound 

Vehicle Repair Form 

v 
LIST OF COMMONLY USED TERMS (Revised) 

Acceleration Simulated Mode (ASM) Inspection 

An emissions inspection using a dynamometer (a set of rollers on which a test vehicle's tires rest) 

that applies an increasing load or resistance to the drive-train of a vehicle, thereby simulating 

actual tailpipe emissions of a vehicle as it is moving and accelerating. The ASM vehicle 

emissions inspection is comprised of two phases: (l) the 50/15 mode, where the vehicle is 

inspected on the dynamometer simulating the use of 50 percent of the vehicle's available 

horsepower to accelerate at a rate of 3.3 miles per hour (mph) at a constant speed of 15 mph, and 

(2) the 25125 mode, where the vehicle is inspected on the dynamometer simulating the use of 25 

percent of the vehicle's available horsepower to accelerate at a rate 3.3 mph at a constant speed of 

25 mph. 

Candidate Analyzer 

Vehicle inspection equipment submitted by the manufacturer to the TCEQ's executive director 

for approval to be used in the vehicle emissions inspection and maintenance (liM) program. 

Dallas-Fort Worth (DFW) Program Area 

In coordination with the commission, the Texas Department of Public Safety (DPS) administers 

the 11M program contained in the Texas 11M state implementation plan (SIP). This program area 

consists of the following counties: Col.lin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, 

Rockwall, and Tarrant. 

El Paso Program Area 

In coordination with the commission, the DPS administers the vehicle emissions liM program 

contained in the Texas 11M SIP. This program area consists ofEI Paso County. 

Emissions Tune-Up 

A basic tune-up along with functional checks and any necessary replacement or repair of 

emissions control components. 

Exhaust Gas Analyzer 

A device used to measure the amount of emission gases in an exhaust sample. 

Fleet Vehicle 

Any motor vehicle operated as a member of a group of motor vehicles belonging to a single nonhousehold entity; any state or local government motor vehicle, including a motor vehicle 

exempted from payment of a registration fee and issued a specially designated license plate; or 

any federal government motor vehicle, except for a tactical military vehicle. 

Full-Time Equivalent (FTE) Employee 

In this SIP, an FTE is calculated by adding the time each inspector spends on vehicle inspections, 

and dividing by 50 weeks per year. For example, if a station employed 25 individuals, but each 

employee only worked on vehicle inspections two weeks worth of time per year, this station 

employed one FTE. 

Gas Cap Integrity Inspection 

A fuel cap inspection that determines whether or not the vehicle's gas cap or gas caps are 

functioning as designed. 

High Emitter 

A vehicle whose measured tailpipe emissions levels exceed recommended testing standards. 

vi 
Houston-Galveston-Brazoria (HGB} Program Area 

In coordination with the commission, the DPS administers the vehicle emissions liM program 

contained in the Texas 11M SIP. This program area consists of the following counties: Brazoria, 

Fort Bend, Galveston, Harris, and Montgomery. 

liM Program 

A vehicle emissions inspection program as defined by the United States Environmental Protection 

Agency (EPA) that includes, but is not limited to, the use of computerized emissions analyzers, 

on-road testing, on-board diagnostic (OBD) inspections, and/or inspection of vehicle emissions 

devices. 

11M Program Areas 

County or counties where the DPS, in coordination with the commission, administers the vehicle 

emissions 11M program contained in the Texas liM SIP. 

Low-Volume Emissions Inspection Station 

A vehicle emissions inspection station that meets all criteria for obtaining a low-volume waiver 

from the DPS. 

Minor Non-Programmatic Modifications 

Minor non-programmatic modifications to the analyzer specifications include updates to 

accommodate new technology vehicles, enhancements to the method of collecting inspection 

data, and updates to internal reference tables. Modifications resulting in additional costs to 

vehicle inspection station owners will not be considered minor non-programmatic modifications. 

On-Board Diagnostics (OBD) 

The computer system installed in a vehicle by the manufacturer, which monitors the performance 

of the vehicle's emissions control equipment, fuel metering system, and ignition system for the 

purpose of detecting a malfunction or deterioration in performance that would be expected to 

cause the vehicle not to meet emissions standards. 

Two-Speed Idle (TSI) Inspection 

A measurement of the tailpipe exhaust emissions of a vehicle while the vehicle idles, first at a 

lower speed and then again at a higher speed. 

Texas Department of Motor Vehicles 

A state agency created by the 8lst Texas Legislature, 2009, Regular Session from divisions 

formerly included in the Texas Department of Transportation. 

Vehicle Emissions Inspection Station 

A facility certified to conduct an emissions inspection for a vehicle and issue a certificate of 

emissions inspection. 

Vehicle Identification Database (VID) 

A database management system that maintains specified vehicle data and emissions inspection 

information. 

Vehicle Inspection Report (VIR) 

The printout created after an emissions inspection that displays inspection results, vehicle 

information, and pass/fail status. 

Vehicle Repair Form (VRF) 

A printout that includes a description of emissions repairs actually performed and emissions 

repairs that were recommended, but not performed. The VRF is the primary document used by 

any motorist seeking a waiver. 

vii 
TABLE OF CONTENTS 

Executive Summary (New) 

List of Acronyms (Ne><~ 

List of Commonly Used Terms (Revised) 

Table qfContents (Revised) 

List of Appendices (Revised) 

List of Attachments (New Heading Title Only) 

Chapter I: General (Revised) 

1.1 Purpose (Reorganized Content) 

1.2 Background (Reorganized and New Content) 

1.3 Health Effects (New Subtitle with Reorganized and New Content) 

1.4 Public Hearings Information (Reorganized and New Content) 

1.5 Social and Economic Considerations (No change) 

1.6 Fiscal and Manpower Resources (No change) 

Chapter 2: Applicability (Revised) 

2.1 Legal Authority (New Subtitle with Reorganized Content) 

2.2 Area Designations (New Subtitle with Reorganized and New Content) 

2.3 Performance Standard (New Subtitle with Reorganized Content) 

2.4 Applicable Areas (New Subtitle Only) 

2.4.1 Beaumont-Port Arthur (New Subtitle with Reorganized and New Content) 

2.4.2 Dallas-Fort Worth (New Subtitle with Reorganized and New Content) 

2.4.3 Houston-Galveston-Brazoria (New Subtitle with Reorganized and New Content) 

2.4.4 El Paso (New Subtitle with Reorganized and New Content) 

Chapter 3: Inspection and Maintenance Performance Standards (No Change) 

Chapter 4: Network Type and Program Evaluation (No Change) 

Chapter 5: Adequate Tools and Resources (No Change) 

Chapter 6: Test Frequency and Convenience (No Change) 

Chapter 7: Vehicle Coverage (No Change) 

Chapter 8: Test Procedures, Standards, and Test Equipment (Revised) 

8.1 General (New Subtitle with New Content) 

8.2 Inspection Process and Standards (Revised Subtitle with Reorganized Content, formerly 

8.1) 

8.3 Inspection Equipment and Required Features (Revised Subtitle,formerly 8.2) 

8.3.1 General Information (New Subtitle with Reorganized and New Content) 

8.3.2 TSI!nspection Equipment (Revised Subtitle with Reorganized and New Content) 

8.3.3 ASM Inspection Equipment (Revised Subtitle with Reorganized and New Content) 

8.3.4 OBD Inspection Equipment (Revised Subtitle with Reorganized and New Content) 

8.4 Acceptance Test Procedures (New Subtitle Only) 

8.4.1 TSI and ASM Inspection Equipment (New Subtitle with New Content) 

8.4.1.1 Accuracy (New Subtitle with New Content) 

8.4.1.2 Repeatability (New Subtitle with New Content) 

8.4.1.3 Response Time (New Subtitle with New Content) 

viii 
8.4.1.4 Interference Effects (New Subtitle with New Content) 

8.4.1.5 Water Saturated Hot Air (New Subtitle with New Content) 

8.4.1.6 Electromagnetic Isolation and Interference Tests (New Subtitle with New 

Content) 

8.4.1. 7 Dilution (New Subtitle with New Content) 

8.4.1.8 Dual Exhaust Probe System Flow Rate Test (New Subtitle with New Content) 

8.4.2 Dynamometer (New Subtitle with N!!w Content) 

8 .4.2.1 Load Cell Verification (if equipped) (New Subtitle with New Content) 

8.4.2.2 Speedometer Verification (New Subtitle with New Content) 

8.4.2.3 Verification of Parasitic Losses (New Subtitle with New Content) 

8.4.2.4 VerifY Coast Down (New Subtitle with New Content) 

8.4.3 Acceptance Test Procedures for OBD Inspection Equipment (New Subtitle with New 

Content) 

8.5 Inspection Equipment Certification Requirements (New Subtitle with New Content) 

8.6 References (New Subtitle with New Content) 

Chapter 9: Quality Control (Revised) 

9.1 Overview (Reorganized and New Content) 

9.2 Equipment Calibration and Maintenance (Reorganized Content) 

9.3 Document Security (Reorganized Content) 

Chapter I 0: Waivers and Time Extensions (No Change) 

Chapter II: Motorist Compliance Enforcement (Revised) 

II.! General (New Subtitle with Reorganized Content) 

11.2 Re-registration Denial (New Subtitle with Reorganized Content) 

11.3 Sticker-Based Enforcement (New Subtitle with Reorganized and New Content) 

11.4 Additional Enforcement Activities (New Subtitle with Reorganized Content) 

Chapter 12: Enforcement Program Oversight (No Change) 

Chapter 13: Quality Assurance (No Change) 

Chapter 14: Enforcement Against Contractors, Stations, and Inspectors (No Change) 

Chapter 15: Data Collection (No Change) 

Chapter 16: Data Analysis and Reporting (No Change) 

Chapter 17: Inspector Licensing and Certification (No Change) 

Chapter 18: Public Information and Consumer Protection (No Change) 

Chapter 19: Improving Repair Effectiveness (No Change) 

Chapter 20: Compliance with Recall Notices (No Change) 

Chapter 21: On-Road Testing (No Change) 

Chapter 22: State Implementation Plan Submission (No Change) 

IX 
Appendix 

A 

B 

c 

D 

E 

F 

G 

H 

I 

J 

K 

L 

LIST OF APPENDICES (Revised) 

Appendix Name 

Federal Register Part VII, United States Environmental Protection Agency, 40 

Code of Federal Regulations Part 51, Inspection/Maintenance Program 

Requirements; Final Rule, November 5, 1992, and Flexibility Amendments, 

September 18, 1995 (No change) 

Texas Health and Safety Code, Subtitle C, Air Quality, Revised 78th Texas 

Legislature, 2003 (No change) 

House Bill 2134 by 77th Texas Legislature amendment to the Texas Health and 

Safety Code. Chapter 3 82, Health and Safety Code, was amended by adding 

Subchapter G, and §382.037 to §382.039 Health and Safety Code, were 

transferred to new Subsection G and renumbered as §§382.202 - 382.208 (No 

change) 

Texas Commission on Environmental Quality (TCEQ) Regulation, 30 Texas 

Administrative Code, Chapter 114, Control of Air Pollution From Motor 

Vehicles, Adopted (No change) 

TCEQ Appropriations for Fiscal Years 2004 and 2005. Texas Department of 

Public Safety, Appropriations for Fiscal Years 2004 and 2005. State of Texas, 

Text of Conference Committee Report, House Bill I (General Appropriations 

Act), 78th Legislature, Regular Session (No change) 

TCEQ, Request for Offer for the Design, Construction, and Operation of the 

Texas Information Management System (TIMS) for the State of Texas, June 22, 

2001 (No change) 

Reserved (content partially moved to Chapter 8: Test Procedures, Standards, 

and Test Equipment) 

Texas Transportation Code, §547.604 and §547.605 and Chapter 548, 

Compulsory Inspection of Vehicles (No change) 

Rules and Regulations for Official Vehicle Inspection Stations and Certified 

Inspectors, Texas Department of Public Safety, January 1, 2003 (No change) 

Texas Department of Transportation, Vehicle Titles and Registration Division, 

2000 Summer Research Project Parking Lot Survey Report, March 2003 (No 

change) 

Reserved (content removed as the requirements were duplicated in the 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas 

Vehicle Emissions Testing Program") 

Texas Natural Resources Conservation Commission and Texas Department of 

Public Safety Memorandum of Understanding, January 22, 1997 (No change) 

X 
LIST OF ATTACHMENTS (New Heading Title Only) 

Attachment 

A Technical Supplement: Inspection and Maintenance Performance 

Standards for Low-Enhanced Program Areas (No change) 

xi 
CHAPTERl: GENERAL 

(Revised) 

The October 26, 2005, state implementation plan (SIP) submittal was used as the basis for this 

SIP revision, which includes a non-substantive reorganization of information, in addition to new 

information where noted. Language was added in this chapter regarding the low-volume 

emissions inspection station definition, public hearings, and health effects. 

1.1 PURPOSE (Reorganized Content) 

The purpose of this document is to demonstrate that Texas has fulfilled its obligation under 40 

Code of Federal Regulations (CFR) §51.350, Subpart S - Inspection/Maintenance Program 

Requirements, that states inspection and maintenance (liM) programs are required in both ozone 

and carbon monoxide (CO) nonattainment areas depending upon population and attainment 

classification or design value. 

Ozone, a highly reactive gas, is present both in the Earth's upper atmosphere (the stratosphere) 

and at ground level (the troposphere), and is also a main ingredient of urban smog. Tropospheric 

ozone is an air pollutant that is harmful to breathe and damages crops, trees, and other vegetation. 

The troposphere generally extends to a level about six miles above the Earth's crust, where it 

meets the second layer, the stratosphere. Ozone is formed naturally at high altitudes in the 

stratosphere where it acts beneficially to absorb potentially damaging ultraviolet solar radiation 

before it reaches the Earth's surface. Protection of stratospheric ozone is addressed under Title 

VI of the Federal Clean Air Act (FCAA). 

Tropospheric ozone is usually not directly emitted to atmosphere but is instead produced at 

ground level by chemical reactions between nitrogen oxides (NOx) and volatile organic 

compounds (VOC) in the presence of heat and sunlight. NOx is produced primarily during the 

combustion of fossil fuels, such as gasoline, diesel, natural gas, and coal. Major sources of NOx 

include motor vehicle exhaust, internal combustion engines such as those used in construction 

equipment, natural gas furnaces, and utility and industrial boilers. Anthropogenic emissions of 

VOC include gasoline vapors and industrial and commercial solvents. Additionally, vegetation 

emits significant amounts of biogenic VOC. 

The 11M program reduces hydrocarbon (HC) emissions, which are VOC that can react with NOx 

to form ground level ozone and visibility degradation. The 11M program reduces emissions of 

NOx, including nitrogen dioxide and nitric oxide, that can react chemically in the air to form 

nitric acid. NOx reductions are achieved by ensuring automotive emissions standards are met 

through on-board diagnostics (OBD) and acceleration simulation mode (ASM) inspecting or a 

vehicle emissions testing program that meets state implementation plan (SIP) emissions reduction 

requirements and is approved by the United States Environmental Protection Agency (EPA) in 

affected areas of the state. In addition, the 11M program reduces CO emissions, although all areas 

of Texas are monitoring compliance with the 1997 CO National Ambient Air Quality Standard 

{NAAQS). 

1.2 BACKGROUND (Reorganized and New Content) 

Emissions inspections began in Texas on July I, 1984, with the implementation of an antitampering check and parameter program in Harris County. The program involved an enhanced 

visual inspection of required emissions components and a tailpipe inspection for lead using 

plumtesmo test strips. On January I, 1986, the parameter program was expanded to include El 

Paso County. 

Beginning January I, 1987, based on federal air quality standards, El Paso became the first 

county in Texas to use a vehicle exhaust emissions analyzer to inspect vehicle exhaust emissions. 

A Bureau of Automotive Repair (BAR)-84 low-speed idle four-gas analyzer was used to detect 

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CO and HC. At the same time, the parameter program expanded to include Dallas and Tarrant 

Counties. On April I, 1990, Dallas and Tarrant Counties began inspecting vehicles for HC and 

CO using BAR-90 low speed idle four-gas analyzers. 

The 73rd Texas Legislature, 1993, passed legislation requiring a loaded-mode IM 240 centralized 

emissions inspection, and as a result the Texas Department of Public Safety (DPS) ceased 

emissions inspections on December 31, 1994. The centralized emissions inspection program 

administered by the Texas Commission of Environmental Quality (TCEQ) started on January I, 

1995, but was terminated in early February 1995, by the 74th Texas Legislature, 1995. 

Senate Bill (SB) 178, 74th Texas Legislature, 1995, required the TCEQ, in cooperation with the 

DPS, to establish and implement a decentralized vehicle emissions inspection program. The bill 

required the DPS to resume the previous emissions inspection program in Dallas, Tarrant, El 

Paso, Denton, Collin, and Harris Counties until such time that a new decentralized emissions 

program could be developed. On July I, 1995, the DPS resumed the previous emissions 

inspection program in these counties. SB 178 also required the governor to adopt a new vehicle 

emissions inspection program after negotiating with the EPA. Based on modeling by the TCEQ 

and input by the DPS, the governor announced the details of the decentralized Texas Motorist's 

Choice Program (TMCP) in November 1995. 

As the TMCP was being developed, the EPA finalized the 11M Flexibility Amendments on 

November 28, 1995. States were allowed flexibility in designing an liM program that would 

meet one of the three program standards: a basic, low-enhanced, or high-enhanced performance 

standard. The rule also allowed nonattainment areas with an urbanized area of less than 200,000 

people to opt out of the vehicle emissions testing program if the area could meet other FCAA 

requirements. In addition, the rule allowed states to authorize low-income time extensions more 

than once in the life of a vehicle and allowed some emissions-related repairs, performed 60 days 

or less prior to an initial emissions inspection failure, to be allowed in calculating costs for 

minimum expenditure waivers. 

On July I, 1996, the ftrst component of the TCMP began in Dallas and Tarrant Counties. The 

ftrst component of the program involved software upgrades to accommodate real-time 

communication with a vehicle inspection database. The full TCMP began in Dallas and Tarrant 

Counties on October I, 1996. The program involved a low-speed and high-speed idle inspection 

known as two-speed idle (TSI), enhanced hardware and software, gas cap leak check, recognized 

emissions repair facilities, dial-up database verification of inspection history, and automated 

recording of safety inspections. On January I, 1997, the TMCP expanded to include Harris and 

El Paso Counties. 

In order to increase the emissions reductions for the liM program, beginning May 1, 2002,Texas 

transitioned to a low-enhanced program using OBD inspections for 1996 and newer model-year 

vehicles, and ASM inspections for pre-1996 model-year vehicles in Collin, Dallas, Denton, 

Tarrant Counties in the Dallas-Fort Worth (DFW) area and Harris County in the HoustonGalveston-Brazoria (HGB) area. On May I, 2003, the program was expanded to include Ellis, 

Johnson, Kaufinan, Parker, and Rockwall Counties in the DFW area and Brazoria, Fort Bend, 

Galveston, and Montgomery Counties in the HGB area. 

On January I, 2007, El Paso County transitioned to a low-enhanced program using OBD 

inspections for I996 and newer model-year vehicles and continued TSI inspections on pre-I996 

model-year vehicles. Additionally, all vehicle emissions inspection stations in the El Paso area 

are required to offer both TSI and OBD inspections. 

Beginning December 31, 20 I 0, the vehicle emissions inspection limit for low-volume emissions 

inspection stations changes to comply with the requirements of Section I ofHB 715, 8Ist Texas 

Legislature, 2009, Regular Session. The vehicle emissions inspection limit for stations that only 

offer emissions inspections on 1996 and newer model-year vehicles has been a component of the 

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J/M program in the DFW and HGB areas since 2002. Currently, low-volume em1sstons 

inspection stations may perform up to 1,200 OBD inspections per year. Section 1 of HB 715 

revised Texas Transportation Code, §548.3075 to prevent the DPS from restricting low-volume 

emissions inspection stations to fewer than 150 OBD inspections per month. 

1.3 HEALTH EFFECTS (New Subtitle witlr Reorganized and New Content) 

ln 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. To 

support the 1997 eight-hour ozone standard, the EPA provided information indicating that health 

effects can occur at levels lower than the previous standard and at exposure times longer than one 

hour. High concentrations of one-hour ozone were not shown to correlate well with mortality. 

Exposure to ambient ozone can aggravate asthma in some people. Repeated exposures to ozone 

can make people more susceptible to respiratory infection and lung inflammation and can 

aggravate preexisting respiratory diseases, such as bronchitis and emphysema. 

Ground level ozone is an irritant to the lungs that can impact children, older citizens, and others 

that may have decreased lung capacity. Children are at a relatively higher risk from exposure to 

ozone when compared to adults, since they breathe more air per pound of body weight than adults 

and because children's respiratory systems are still developing. Children also spend a 

considerable amount of time outdoors during summer and during the start of the school year 

(August - October) when high ozone levels are typically recorded. Adults most at risk to ozone 

exposure are people working or exercising outdoors and individuals with preexisting respiratory 

diseases. 

The current one- and eight-hour CO NAAQS are currently under review by the EPA. Carbon 

monoxide binds to blood hemoglobin, which decreases the oxygen-canying capacity of the blood. 

This condition can aggravate underlying cardiovascular conditions and can decrease exercise 

tolerance in persons with cardiovascular problems. Individuals with angina and coronary heart 

disease are particularly susceptible to CO toxicity. Other populations at potential risk are 

individuals with pre-existing respiratory diseases, e.g., chronic obstructive pulmonary disease 

(COPD), anemia, or diabetes. Also, infants, fetuses, and the elderly are particularly susceptible to 

CO poisoning. Some HC emissions from motor vehicles include VOC such as benzene, 

formaldehyde, and 1,3-butadiene, which are air toxins that may cause cancer and have other 

adverse health effects. 

1.4 PUBLIC HEARINGS INFORMATION (Reorganized and New Content) 

The commission will hold public hearings on this proposed liM SIP revision and associated 

rulemaking at the following times and locations: 

CITY DATE TIME LOCATION 

Fort Worth July 20, 2010 2:00p.m. Texas Commission on Environmental Quality 

2309 Gravel Road 

Austin July 21,2010 10:00 a.m. Texas Commission on Environmental Quality 

12100 Park 35 Circle, 

Building E, Room 20 IS 

Houston July 22, 201 0 3:00p.m. Houston-Galveston Area Council 

3555 Timmons Lane 

Conference Room A 

The hearings are structured for the receipt of oral or written comments by interested persons. 

Individuals may present oral statements when called upon in order of registration. Open 

discussion will not be permitted during the hearings, however, commission staff members will be 

available to discuss the proposal 30 minutes prior to the hearings. 

1-3 
The comment period will open on June 18, 2010, and close on July 26, 2010. Written comments 

will be accepted via mail, fax, or through the eComments system. All comments should reference 

the "Inspection and Maintenance SIP Revision" and Project Number 2009-035-SIP-NR. 

Comments may be submitted to Edgar Gilmore, MC 164, Air Quality Division, Chief Engineer's 

Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas, 78711-

3087, or faxed to (512) 239-1500. Electronic comments may be submitted at 

http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments 

submitted through the eComments system. Comments must be received by July 26, 20 l 0. 

Copies of the proposed SIP revision and all appendices can be obtained from the TCEQ's Web 

site at http://www. tceq .state.tx. us/implementation/air/ sip/sipplans.htm I. 

1.5 SOCIAL AND ECONOMIC CONSIDERATIONS (No change) 

For a detailed explanation of the social and economic issues involved, please refer to the 

preamble that precedes the proposed rule package accompanying this SIP. 

1.6 FISCAL AND MANPOWER RESOURCES (No change) 

The TCEQ has determined that its fisca.l and manpower resources are adequate and will not be 

adversely affected through implementation of this plan. 

1-4 
CHAPTER 2: APPliCABILITY 

(Revised) 

The October 26, 2005, state implementation plan (SIP) submittal was used as the basis for this 

SIP revision, which includes a non-substantive reorganization of information, in addition to new 

information where noted. The definition of the low-volume emissions inspection station in this 

chapter was modified to comply with the requirements of House Bill715, 8lst Texas Legislature, 

2009, Regular Session, and language was added regarding nonattainment area designations and 

classifications. 

2.1 LEGAL AUTHORITY (New Subtitle witll Reorganized Content) 

The legal authority for the commission and the Texas Department of Public Safety (DPS) to 

implement the inspection and maintenance (VM) program is granted by the Texas Health and 

Safety Code, §§382.202- 382.208, and the Texas Transportation Code, Chapters 502 and 548. 

This authority is not limited by Sunset provisions. 

2.2 AREA DESIGNATIONS (New Subtitle with Reorganized and New Content) 

The Federal Clean Air Act (FCAA) and 40 Code of Federal Regulations (CFR), Part 51, as 

amended, require an enhanced vehicle emissions inspection program in ozone nonattainment 

areas classified as serious, severe, or extreme nonattainment, or in carbon monoxide (CO) 

nonattainment areas classified moderate or serious. Official designations can be found at 40 

CFR, Part 81. Maintenance plans to prevent anti-backsliding would be developed to ensure 

continued attainment with the ozone and CO National Ambient Air Quality Standards when an 

nonattainment area is subsequently reclassified as an attainment area. 

2.3 PERFORMANCE STANDARD (New Subtitle with Reorganized Content) 

40 CFR §51.351 allows areas that can meet the reasonable further progress requirements with a 

less stringent liM program to develop a program that is more responsive to motorists' concerns. 

Texas elected to implement a low-enhanced liM program in each area that would meet or exceed 

the EPA's low-enhanced performance standard. The EPA's low-enhanced performance standard 

consists of annual centralized or decentralized two-speed idle (TSI) inspections, and visual 

inspections of emissions control devices for all subject light-duty vehicles and trucks up to 8,500 

pounds gross vehicle weight rating (GVWR). Additional credit may be given for acceleration 

simulation mode (ASM) inspections, on-board diagnostics (OBD) inspections, remote sensing, 

and a technician training and certification program. In addition, OBD inspections are required by 

FCAA, § 182(c)(3)(vii) and §202(m)(3), in addition to 40 CFR Parts 51 and 85. 

2.4 APPliCABLE AREAS (New Subtitle Only) 

2.4.1 Beaumont-Port Arthur (New Subtitle with Reorganized and New Content) 

Under the one-hour ozone NAAQS, Beaumont-Port Arthur (BPA) was classified as a serious 

ozone nonattainment area with an urbanized population of less than 200,000. Under the ·J997 

eight-hour ozone NAAQS, BPA was classified as a marginal ozone nonattainment area, and then 

reclassified as a moderate ozone nonattainment area, with an urbanized population of less than 

200,000. The EPA's liM flexibility amendments dated September 16, 1995, allow areas with an 

urbanized population of less than 200,000 to demonstrate a plan to reduce air pollution without 

using a vehicle emissions inspection program. The BP A area continues to meet this criterion, so 

no vehicle emissions inspection program has been required. 

2.4.2 Dallas-Fort Worth (New Subtitle with Reorganized and New Content) 

Under the one-hour ozone NAAQS, Dallas-Fort Worth (DFW) was classified as a serious ozone 

nonattainment area. Under the 1997 eight-hour ozone NAAQS, DFW was classified as a 

moderate ozone nonattainment area. 

2-1 
On May I, 2002, Collin, Dallas, Denton, and Tarrant Counties in the Dallas-Fort Worth (DFW) 

area transitioned from an 11M program using TSI inspections to a low-enhanced 11M program 

consisting of OBD inspections for 1996 and newer model-year vehicles and ASM inspections for 

pre-1996 model-year vehicles. The low-enhanced 11M program expanded on May I, 2003, to 

include Ellis, Johnson, Kaufman, Parker, and Rockwall Counties in the DFW area. 

All vehicle emissions inspection stations in the DFW 1/M program area are required to offer both 

ASM and OBD inspections to the public, except low-volume emissions inspection stations which 

are only required to offer OBD inspections. A low-volume emissions inspection station is a 

vehicle emissions inspection station that has met all criteria for obtaining a low-volume waiver 

from the DPS. 

2.4.3 Houston-Galveston-Brazoria (New Subtitle witll Reorganized and New Content) 

Under the one-hour ozone NAAQS, Houston-Galveston-Brazoria (HGB) was classified as a 

severe-17 ozone nonattainment area. Under the !997 eight-hour ozone NAAQS, HGB was 

classified as a moderate ozone nonattainment area and then reclassified as a severe ozone 

nonattainment area. 

On May I, 2002, Harris County in the Houston-Galveston-Brazoria (HGB) area transitioned from 

an 11M program using TSI inspections io a low-enhanced 11M program consisting of OBD 

inspections for 1996 and newer model-year vehicles and ASM inspections for pre-1996 modelyear vehicles. The low-enhanced liM program expanded on May I, 2003, to include Brazoria, 

Fort Bend, Galveston, and Montgomery Counties in the HGB area. 

All vehicle emissions inspection stations in the HGB 11M program areas are required to offer both 

ASM and OBD inspections to the public, except low-volume emissions inspection stations which 

are only required to offer OBD inspections. A low-volume emissions inspection station is a 

vehicle emissions inspection station that has met all criteria for obtaining a low-volume waiver 

from the DPS. 

2.4.4 El Paso (New Subtitle witll Reorganized and New Content) 

Under the one-hour ozone NAAQS, El Paso was classified as a serious ozone nonattainment area. 

Under the 1997 eight-hour ozone NAAQS, El Paso was classified as an ozone attainment area. 

Under the eight-hour CO NAAQS, El Paso was classified as a moderate CO nonattainment area 

and reclassified as a CO attainment area in the August 4, 2008, issue of the Federal Register (73 

FR 45162). 

On January I, 2007, El Paso County continued emissions inspections on pre-1996 model-year 

gasoline-powered motor vehicles using TSI inspections and began emissions inspections on all 

1996 and newer model-year vehicles using OBD inspections. Additionally, all vehicle emissions 

inspection stations in the El Paso area are required to offer both TSI and OBD inspections. 

2-2 
CHAPTER 3: INSPECTION AND MAINTENANCE PERFORMANCE STANDARDS 

(No Change) 

3-1 
CHAPTER 4: NETWORK TYPE AND PROGRAM EVALUATION 

(No Change) 

4-1 
CHAPTER 5: ADEQUATE TOOLS AND RESOURCES 

(No Clwnge) 

5-1 
CHAPTER 6: TEST FREQUENCY AND CONVENIENCE 

(No Change) 

6-1 
CHAPTER 7: VEHICLE COVERAGE 

(No Change) 

7-1 
CHAPTER 8: TEST PROCEDURES, STANDARDS, AND TEST EQUIPMENT 

(Revised) 

The October 26, 2005, state implementation plan (SIP) submittal was used as the basis for this 

SIP revision, which includes a non-substantive reorganization of information, in addition to new 

information where noted. 

The references to the "Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the 

Texas Vehicle Emissions Testing Program" in this chapter were modified to indicate the new 

location of the specifications, which were formerly included as an appendix to the inspection and 

maintenance (VM) SIP. In addition, the "Specifications for On-Board Diagnostics II Analyzer for 

Use in the Texas Vehicle Emissions Testing Program" were removed as an appendix to the 1/M 

SIP and its corresponding references in this chapter were modified to indicate the new location. 

The specifications for on-board diagnostics (OBD)-only vehicle inspection analyzers are no 

longer needed because the requirements are duplicated in the "Specifications for Vehicle Exhaust 

Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program." Language 

regarding acceptance test procedures, required features, certification requirements for the 

inspection equipment was added in this chapter to satisfy the requirements of 40 Code of Federal 

Regulations (CFR) §51.358(c). 

8.1 GENERAL (New Subtitle witll New Content) 

This chapter identifies the requirements contained in 40 CFR §51.358 Test Equipment, (c), SIP 

Requirements, which indicates that the SIP must include written technical specifications for all 

inspection equipment used in the program and that the specifications must describe the inspection 

process, the necessary inspection equipment, the required features, and written acceptance testing 

procedures. 

8.2 INSPECTION PROCESS AND STANDARDS (Revised Subtitle wit/1 Reorganized 

Content, formerly 8.1) 

Owners of all subject gasoline-powered vehicles that are two through 24 years old that are 

annually inspected througb the Texas Department of Public Safety (DPS) certified safety 

inspection stations are required to have an applicable emissions inspection performed. Vehicles 

less than two years or greater than 24 years old are exempt from the VM program requirements. 

Texas implemented annual vehicle emissions inspections in: 

• Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties 

in the Dallas-Fort Worth (DFW) area; 

• Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in the HoustonGalveston-Brazoria (HGB) area; and 

• El Paso County in the El Paso area. 

An acceleration simulation mode (ASM), two-speed idle (TSI), or OBD inspection, and a gas cap 

integrity inspection are performed on all subject vehicles as part of the annual safety and 

emissions inspection. In addition, as a part of the annual safety and emissions inspection, 

vehicles are subject to anti-tampering checks including: 

• the exhaust gas recirculation system; 

• the evaporative emissions control system; 

• the positive crankcase ventilation system; 

• the thermostatic air cleaner; 

• the air injection system; and 

• the catalytic converter for selected model-years. 

8-1 
Evaporative system purge testing is not perfonned in the 1/M program. Unsafe vehicles or 

vehicles with missing or leaky exhausts that are presented for emissions inspections are rejected. 

OBD inspections for 1996 and newer model-year vehicles and ASM inspections for pre-1996 

model-year vehicles began on May I, 2002, in Collin, Dallas, Denton, Tarrant Counties in the 

DFW area and Harris County in the HGB area. On May 1, 2003, these inspection requirements 

were expanded to include Ellis, Johnson, Kaufman, Parker. and Rockwall Counties in the DFW 

area and Brazoria, Fort Bend, Galveston, and Montgomery Counties in the HGB area. 

On January I, 2007, El Paso County continued emissions inspections on pre-1996 model-year 

vehicles using TSI and began emissions inspections on all 1996 and newer model-year vehicles 

using OBD inspections. 

The vehicle emissions inspection begins when the vehicle identification number, license plate, 

make, model, model-year, and other releYant vehicle information have been entered into the 

inspection analyzer. Pre-existing data, based on the registration database and the prior vehicle 

emissions inspection history of the subject vehicle, are retrieved. The inspector confirms the 

vehicle information from the vehicle identification database (VID) with the subject vehicle 

presented for emissions inspection. If no match or contact occurs with the VID, the inspector 

manually enters the vehicle information into the vehicle emissions inspection analyzer. All 

emissions inspection results are electronically sent via modem to the Texas Information 

Management System host computer immediately following the completion of each inspection. A 

copy of the inspection results can be obtained from any inspection station within 13 months of the 

inspection. All emissions inspection results are accessible to the Texas Commission on 

Environmental Quality (TCEQ) and the DPS. 

An official inspection, once initiated, is performed in its entirety regardless of the intermediate 

outcomes, except in cases of invalid inspection conditions, unsafe conditions, or fast pass/fail 

algorithms. Inspections involving measurements are performed with program-approved 

equipment that has been calibrated. Emissions standards are applicable to all vehicles subject to 

the 11M program and repairs are required for failure of any standard. The commission may adjust 

standards as necessary to maintain a passing rate of at least 80 percent. If a vehicle fails the 

emissions inspection, the vehicle is to be reinspected for all pollutants. A second failure of any 

pollutant level results in a second failure of the vehicle. Vehicles will fail visual inspections of 

subject emissions control devices if such devices are part of the original certified configuration 

and are found to be missing, modified, disconnected, improperly connected, or found to be 

incorrect for the certified vehicle configuration under inspection. 

30 Texas Administrative Code (TAC) Chapter I 14, Control of Air Pollution from Motor 

Vehicles, outlines requirements for engine replacement, removal and installation of emissions 

control components, and tampering. Additionally, the DPS Administrative Rule 37 TAC §23.93, 

Vehicle Emissions Inspection Requirements, gives guidance on engine switching. The DPS is 

responsible for enforcing engine switching and vehicle tampering requirements. 

The DPS uses remote sensing to identify high-emitting vehicles operating in the DFW, HGB, and 

El Paso program areas. Remote sensing may also be used as a quality assurance tool for 

randomly selected or suspect vehicle emissions facilities. Remote sensing screening is conducted 

according to reliable engineering practices to assure the accuracy of the inspection. 

8.3 INSPECTION EQUIPMENT AND REQUIRED FEATURES (Revised Subtitle, formerly 

8.2) 

8.3.1 General Information (New Subtitle with Reorganized and New Content) 

All equipment must meet acceptance testing criteria and receive a notice of approval from the 

TCEQ's executive director or designee prior to use in the Texas JIM program. Emissions 

inspection equipment has the capability to simultaneously sample dual-exhaust vehicles. In 

8-2 
addition, all vehicle emissions inspection analyzers contain lock-out provisions for equipment 

tampering, equipment failure to conduct or pass calibration or leak checks, prevention of 

unauthorized access, and provide for automatic data collection that cannot be altered by the 

emissions inspection facility. 

All emissions inspection equipment is incorporated with gas cap integrity inspection equipment. 

The gas cap integrity inspection equipment meets the specifications and procedures required by 

the United States Environmental Protection Agency (EPA). In addition, all emissions inspection 

equipment is required to include a laser printer, a two-dimensional bar code scanner, and a 

mechanism for sending and receiving inspection data. 

The commission may update emissions inspection equipment specifications to accommodate new 

technology vehicles and changes to the 11M program as necessary to meet the criteria specified in 

this section. 

8.3.2 TSI Inspection Equipment (Revised SubtiJle witll Reorganized and New Content) 

The TSI emissions inspection equipment consists of a computerized exhaust gas analyzer. The 

TSI inspection comprises two phases: (I) a high speed inspection where the vehicle engine speed 

is between 2,200 and 2,800 revolutions per minute (RPM); and (2) an inspection at idle where the 

vehicle engine speed is between 350 and 1,200 RPM. Steady-state idle inspection procedures are 

conducted according to 40 CFR Part 51, Appendix B to Subpart S - Test Procedures and steadystate idle inspection equipment specifications consistent with 40 CFR Part 51, Appendix D to 

Subpart S - Steady State Short Test Equipment. The most recent version of specifications for TSI 

equipment is available at the TCEQ's central office or at 

http://wv.w .tceq .state.tx. us/assets/public/implementation/air/ms/IM/txvehanlspecs. pdf. Vehicle 

emissions cut-points used for the TSI inspections are located in Appendix A of the TCEQ's 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program." 

8.3.3 ASM Inspection Equipment (Revised Subtitle with Reorganized and New Content) 

ASM inspection equipment consists of a computerized exhaust gas analyzer and a dynamometer. 

A dynamometer is a set of rollers used to simulate acceleration by applying resistance or 

increasing load to the drive wheels of the vehicle. In addition, ASM inspection equipment is 

required to include an augmented braking feature in the dynamometer and a driver's aid that 

displays the status of the ASM equipment and inspection criteria including the required speed, 

actual vehicle speed and engine RPM, and number of seconds elapsed during the inspection. 

The ASM vehicle emissions inspection comprises two phases: (I) the 50/15 mode, where the 

vehicle is inspected on the dynamometer simulating the use of 50 percent of the vehicle's 

available horsepower to accelerate at a rate of 3.3 miles per hour (mph)/second at a constant 

speed of 15 mph; and (2) the 25/25 mode, where the vehicle is inspected on the dynamometer 

simulating the use of 25 percent of the vehicle's available horsepower to accelerate at a rate 3.3 

mph/second at a constant speed of 25 mph. Applicable vehicles that cannot undergo an ASM 

inspection such as, but not limited to, vehicles that exceed 8,500 pounds gross vehicle weight 

rating or that are all-wheel drive, will receive a TSI inspection. The most recent version of 

specifications for ASM equipment is available at the TCEQ's central office or at 

htt!)://www. tceq .state. tx. us/assets/public/implementation/ air/ms/IM/txvehanlspecs. pdf. Vehicle 

emissions cut-points used for ASM inspections are located in Appendix S of the TCEQ's 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program." 

8.3.4 OBD Inspection Equipment (Revised Subtitle with Reorganized and New Content) 

OBD inspection equipment design and operation meets all federal requirements contained in 40 

CFR §§85.2207- 85.2231 and recommended practices contained in the Jl962, Jl978, and Jl979 

published by the Society of Automotive Engineers (SAE). The OBD inspection equipment is 

8-3 
tethered to the emissions analyzer. The most recent version of specifications for OBD equipment 

is available at the TCEQ's central office or at 

http:/ /wwv.·. tceq. state.tx. us/assets/pub lie/implementation/ air/ms/1 M/txvehanlspecs. pdf. 

8.4 ACCEPTANCE TEST PROCEDURES (New Subtitle Only) 

8.4.1 TSI and ASM Inspection Equipment (New Subtitle witll New Content) 

The acceptance test procedures contained in this section apply to the exhaust gas analyzer 

component of the TSI and ASM inspection equipment. Inspection equipment seeking approval 

from the executive director will be referred to in this section as the candidate analyzer. The 

acceptance criteria for each test procedure is contained in the EPA's guidance document, 

"Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control 

Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable update to this 

document. 

8.4.1.1 Accuracy !New Subtille with New Con/en/) 

The accuracy test described in this section confirms the ability of the candidate analyzer to read 

various concentrations of gases within acceptable tolerances. The accuracy test compares the 

response of the instrument within the candidate analyzer with that of standard instruments and 

estimates the uncertainty of the readings. 

The candidate analyzer must be calibrated first using zero gas and then calibrated using the high 

range calibration gas specified in the EPA's guidance document, "Acceleration Simulation Mode 

Test Procedures, Emissions Standards, Quality Control Requirements, and Equipment 

Specifications" (EPA, 2004) or EPA's applicable update to this document. The instrument within 

the candidate analyzer must be tested using propane as the surrogate for hydrocarbons (HC), 

carbon monoxide (CO), carbon dioxide (C02), and nitric oxide (NO) with a certified accuracy of 

+1- I percent in the following concentrations: 0 percent, I 0 percent, 20 percent, 30 percent, 40 

percent, 50 percent, 60 percent, 70 percent, 80 percent, and 90 percent of full scale for the 

analyzers. Full scale is defined as at least 9,999 parts per million (ppm) HC as hexane, 14.00 

percent CO, 18.0 percent C02, 5,000 ppm NO, and 25.0 percent oxygen (02). The accuracy test 

is performing by completing the following sequence of steps. 

I) Introduce the gases in ascending order of concentrations beginning with the zero gas. 

Record the readings of the standard instruments and the candidate analyzer for each 

concentration value. 

2) After the highest concentration has been introduced and recorded, introduce the same 

gases to the standard instruments and the candidate analyzer in descending order, 

including tbe zero gas. Record the readings of the candidate analyzer for each gas, 

including negatives. 

3) Repeat steps one and two four more times for the candidate analyzer, which means that 

the candidate analyzer will have conducted this sequence a total of five times. 

4) Use tbe following sequence of steps to complete tbe accuracy test calculations tbat will 

determine the uncertainty of the candidate analyzer. 

(i) Calculate the average value of each concentration for the readings of the standard 

instruments. 

(ii) Calculate the mean and standard deviation of each candidate analyzer's readings for 

each concentration. Include both upscale and downscale readings for tbe same gas 

concentration. All calculations may not be possible for zero concentrations. 

8-4 
(iii)For each concentration, calculate the difference between the mean and the standard 

average of the candidate analyzer. 

(iv) For each concentration, compute theY 1 andY 2 using the following formula. 

2. Y2 =x-K,d2 

Where: 

K,. Standard deviation • 3.5 for zero and the highest 

concentration value 

K,d2 Standard deviation • 2.5 for all other concentration values 

x Mean (arithmetic average) of the set of candidate analyzer 

readings 

(v) Compute the uncertainty (V1 and V2) of the calibration curve for each concentration 

using the following formula and the Y 1 and Y 2 values computed in step (iv ). 

(a) V1 =Concentration value- Y1 

(b) V2 =Concentration value- Y2 

Acceptance Criteria: 

I) For each concentration, the differences calculated in Step (iii) must not be greater than 

the accuracy tolerances specified in Section 8.6: Detection Methods, Instrument Ranges, 

Accuracy, and Repeatability for each instrument within the candidate analyzer. 

2) For each concentration, the uncertainties, (VI and V2) must not be greater than the 

accuracy tolerances required in Section 8.6: Detection Methods, Instrument Ranges, 

Accuracy, and Repeatability. 

8.4.1.2 Repeatabilitv (New Subtitle with New Content/ 

The repeatability test characterizes the ability of the instrument within the candidate analyzer to 

give consistent readings when repeatedly sampling the same gas concentration. The repeatability 

test is performed by completing the following sequence of steps. 

I) Introduce the gas high range span gas through the calibration port. Record the readings. 

2) Purge the candidate analyzer with ambient air for at least 30 seconds but no more than 60 

seconds. 

3) Repeat steps one and two above four more times. 

4) Repeat steps one and two introducing the gas through the sample probe. 

Acceptance Criteria: The differences between the highest and lowest readings from both 

ports must not exceed the values specified in Section 8.6: Detection Methods, Instrument 

Ranges, Accuracy, and Repeatability. 

8-5 
8.4.1 .3 Response Time (New Subtitle with New Content! 

The response time test determines the speed of response of the instrument within the candidate 

analyzer when a sample is introduced at the sample probe. The response time test is performed 

by completing the following sequence of steps. 

1) Calibrate the gas measuring instrument within the candidate analyzer per the 

manufacturer's instructions. 

2) Using a solenoid valve or equivalent selector system, remotely introduce a high range 

span gas to the sample cell inlet or inlet port. The gas pressure at the entrance to the port 

must be equal to room ambient. 

3) Measure the elapsed time required for the candidate analyzer display to read 90 percent 

and 95 percent of the final stabilized readings for HC, CO, C02, and NO. Altematively 

the bench outputs may be recorded against a time base to determine response time. 

Record all times in seconds. 

4) Switch the solenoid valve to purge with zero air for at least 40 seconds, b.ut no more than 

60 seconds. 

5) Measure the elapsed time required for the candidate analyzer's display for NO to read 10 

percent of the stabilized reading in step three. 

6) Repeat steps one, two, and three two more times to obtain three sets of readings. 

Acceptance Criteria: The individual response times, which includes the drop time for 0 2 and 

NO, and the rise time for HC, CO, C02, and NO, from the port to the display for HC, CO, 

and C02 must not exceed eight seconds for 90 percent of a step change in input and not 

exceed 12 seconds to 95 percent of a step change in input. The response time for a step 

change in 0 2 from 20.9 percent to 0.1 percent 0 2 must be no longer than 40 seconds. For 

candidate analyzers equipped to measure NO, the response time must not exceed 12 seconds 

for 90 percent of a step change in input. The response time for a step change in NO from a 

stabilized reading to I 0 percent of that reading must be no longer than 12 seconds. 

8.4.1.4 Interference Effects (New Subtitle with New Content/ 

The interference effects test is performed to determine if the candidate analyzer readings for one 

gas adversely affect the readings of other gases. The following acceptance test procedure must be 

performed at 45, 75, and 105 degrees Fahrenheit (°F). 

1) Calibrate the instrument within the candidate analyzer using zero gas and then calibrate 

using the high and low range calibration gases specified in the EPA's guidance 

document, "Acceleration Simulation Mode Test Procedures, Emissions Standards, 

Quality Control Requirements, and Equipment Specifications" (EPA, 2004) or EPA's 

applicable update to this document. 

2) Sample the following gases for at least one minute. Record the response for HC, CO, 

CO,, NO, and 0, to the presence of the each of the following gases: 

(i) 16 percent C02 in nitrogen; 

(ii) I ,600 ppm hexane in nitrogen; 

(iii) I 0 percent CO in nitrogen; 

(iv) 3,000 ppm NO in nitrogen; 

8-6 
(v) 75 ppm sulfur dioxide in nitrogen; and 

(vi) 75 ppm hydrogen sulfide in nitrogen 

Acceptance Criteria: The interference effects from non-interest gases must not exceed +/- 4 

ppm for HC, +/- 0.02 percent for CO,+/- 0.2 percent for C02, and+/- 20 ppm for NO. 

8.4.1.5 Water Saturated Hot Air !New Subtitle with Ne-w Content) 

The water saturated hot air test determines the effect of hot humid air on the candidate analyzer 

and is performed using the following description. Water saturated hot air must be drawn through 

the probe from the top of a sealed vessel partially filled with water through which ambient air will 

be bubbled. The water saturated hot air must be flowed for at least one minute. The water must 

be maintained at a temperature of 122°F +/- 9°F. The water saturated hot air test must be 

performed at only the 75 and 105°F conditions. 

Acceptance Criteria: The interference effects from non-interest gases must not exceed +/- 4 

ppm for HC, +/- 0.02 percent for CO,+/- 0.2 percent for C02, and+/- 20 ppm for NO. 

8.4.1.6 Electromagnetic Isolation and Interference Tests !New Subtitle with New Content) 

The electromagnetic isolation and interference test, which is comprised of five individual tests, 

measures the ability of the candidate instrument to withstand electromagnetic fields that could 

exist in vehicle testing and repair facilities. For all tests described below, low range calibration 

gas specified in the EPA's guidance document, "Acceleration Simulation Mode Test Procedures, 

Emissions Standards, Quality Control Requirements, and Equipment Specifications" (EPA, 2004) 

or EPA's applicable update to this document at atmospheric pressure is introduced through the 

sample probe of the candidate analyzer. The readings from the candidate analyzer are recorded 

during the test periods. 

I) Radio Frequency Interference Test: 

The radio frequency interference test determines the effect of radio frequencies on the 

readings from the candidate analyzer and is performed using the following sequence of 

steps. 

(i) Use a test vehicle with an engine having a high energy ignition system (or 

equivalent), a solid core coil wire, and a 3/8 inch air gap. Leave engine off. 

(ii) Locate the candidate analyzer within five feet of the ignition coil. Calibrate the gas 

measuring instrument within the candidate analyzer per the manufacturer's 

instructions. 

(iii) Introduce the sample gas specified above. Wait 20 seconds and record candidate 

analyzer readings. 

(iv) Start the engine. With the hood open and sample gas flowing to the candidate 

analyzer, cycle the engine from idle through 25 mph on the dynamometer at the ASM 

load specific to the test vehicle and record the candidate analyzer readings. 

(v) Relocate the candidate analyzer to within six inches of one side of the vehicle near 

the engine compartment. Follow the procedure described in step (iv) and record the 

candidate analyzer readings. 

(vi) Relocate the instrument to within six inches of the other side of the vehicle near the 

engine compartment. Follow the procedure described in step (iv) and record the 

candidate analyzer readings. 

8-7 
Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

2) Induction Field Test: 

The induction field test determines the effect of magnetic induction on the readings from 

the candidate analyzer and is performed using the following description. Use a variable 

speed commutator type hand drill having a plastic housing and rated at three amps or 

more. While the candidate analyzer is sampling the gas as specified, val)' the drill speed 

from zero to maximum while moving from the front to the sides of the instrument at 

various heights. Record the readings and note any change in readings. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

3) Line Interference Test: 

The line interference test determines the effect of power line interference on the readings 

from the candidate analyzer and is performed using the following description. Plug in the 

drill used for the induction field test into one outlet of a sixteen gauge, three conductor 

wire extension cord approximately 20 feet long. Connect the candidate analyzer into the 

other outlet of the extension cord. Repeat the drill speed variations and movements in the 

same manner described in the induction field test. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

4) Very High Frequency Band Interference Test: 

The line interference test determines the effect of very high frequency band interference 

on the readings from the candidate analyzer and is performed using the following 

description. Locate both a citizens' ban radio with an output equivalent to the Federal 

Communications Commission's legal maximum and a highway patrol transmitter (or 

equivalent) within 50 feet of the candidate analyzer. While the candidate analyzer is 

sampling the gas, press and release transmit button of both radios several times. Record 

the readings and note any change in readings. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

5) Ambient Conditions Test: 

The ambient conditions test determines the accuracy of the instruments within the 

candidate analyzer used to measure humidity, barometric pressure, and temperature and 

is performed using the following description. Place the master weather station within 

three feet of the candidate analyzer. Display the ambient conditions on the candidate 

analyzer and a master weather station. Allow five minutes for the readings to stabilize 

and compare the readings from each system. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

8.4.1. 7 Dilution !New Subtitle with New Content! 

The dilution test determines the candidate analyzer's ability to accurately measure actual vehicle 

exhaust gases and is performed using the following sequence of steps. 

8-8 
I) Set a vehicle with a 1.6 liter maximum engine displacement at the factory recommended 

idle speed. The vehicle must have the original equipment manufacturer configuration 

exhaust system, transmission in neutral, and the hood up. A fan may be used to cool the 

engine, if needed. The vehicle's idle speed must be set to 900 RPM with a tolerance of 

+/-20RPM. 

2) With a laboratory grade analyzer, sample the exhaust at 40 centimeters depth with a flow 

sample rate below 320 liters per hour. Allow sufficient time for the readings to stabilize. 

Record all HC, CO, NO, C02, and 0 2 readings. A chart recorder or electronically stored 

data may be used to detect the point of stable readings. 

3) While operating the candidate analyzer in a mode which has the same flow rate as the 

official inspection mode, record the levels of HC, CO, NO, C02, and 0 2• Ensure that the 

probe is installed correctly. 

4) Repeat step two. 

5) If the difference of the readings between step two and four exceed 5 percent of the 

average of step two and step four, then repeat steps two, three, and four; otherwise 

average the readings from steps two and four and compare with the readings from step 

three. 

Acceptance Criteria: The readings from step three must be within I 0 percent of the average 

of steps two and four. 

8.4.1.8 Dual Exhaust Probe System Flow Rate Test (New Subtitle with New Content! 

The dual exhaust probe system flow rate test determines the candidate analyzer's ability to 

measure sample gases using the candidate analyzer's dual sample probe system and is performed 

using the following sequence of steps. 

I) With a laboratory grade analyzer. flow measurement system, allow ambient air to flow 

through the probes from the dual exhaust probe system. 

2) Set the flow rate to the normal flow rate generated by the sample system pump. 

3) Measure the flow rate in each leg of the dual probe system. 

4) Set the flow rate equal to the onset of the low flow condition of the analyzer. 

5) Measure the flow rate in each leg of the dual probe system. 

Acceptance Criteria: The flow rate ofthe higher leg of the dual exhaust sample probe system 

must not exceed 15 percent of the flow rate of the lower leg. However, the flow rate in each 

leg of the dual probe system are expected to be equal. 

8.4.2 Dynamometer (New Subtitle with New Content) 

The acceptance test procedures contained in this section apply to the dynamometer component of 

the ASM inspection equipment. The acceptance criteria for each test procedure in this section is 

contained in the EPA's guidance document, "Acceleration Simulation Mode Test Procedures, 

Emissions Standards, Quality Control Requirements, and Equipment Specifications" (EPA, 2004) 

or EPA's applicable update to this document. 

8.4.2.1 Load Cell Verification (if equipped) (New Subtitle with New Content) 

This load cell verification test confirms the proper operation of the dynamometer load cell and 

associated systems and is performed using the following sequence of steps. Weights in the proper 

8-9 
range must be supplied by the manufacturer of the candidate analyzer. Weights must be National 

Institute of Standards and Technology traceable to 0.1 percent of point. 

I) Calibrate the load cell according to the candidate analyzer manufacturer's direction. 

2) Using a dead weight method, load the test cell to 20 percent, 40 percent, 60 percent, and 

80 percent (in ascending order) of the range used for ASM emissions inspections. 

Record the readings for each weight. Remove the weights in descending order using the 

same steps and record the results. 

3) Perform steps one and two above two more times to collect a total of three readings for 

each weight. Calculate the average value for each weight. Multiply each average weight 

by the length of the torque arm. 

Acceptance Criteria: The difference for each reading from the weight must not exceed one 

percent of full scale. 

8.4.2.2 Speedometer Verification (New Subtitle with New Content/ 

The speedometer verification test confirms the accuracy of the dynamometer's speedometer and 

is performed using the following description. Set the dynamometer speed to 15 mph. 

Independently measure and record dynamometer speed. Repeat at 25 mph. 

Acceptance Criteria: The difference for each reading from set dynamometer speed must not 

exceed 0.2 mph. 

8.4.2.3 Verification of Parasitic Losses (New Subtitle with New Content/ 

The verification of parasitic losses test verifies the dynamometer's parasitic losses in horsepower 

at 25 and 15 mph and is performed using the procedures and equations described in the EPA's 

guidance document, "Acceleration Simulation Mode Test Procedures, Emissions Standards, 

Quality Control Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable 

update to this document. Time data from an independent source, such as a stopwatch, and speed 

data from the analyzer must be used to externally calculate the value of the parasitic losses at 25 

and 15 mph. The indicated horsepower must be set to zero for the tests. 

Acceptance Criteria: The difference between the externally calculated value and the machine 

calculated value must not exceed 10 percent of the independently measured value. 

8.4.2.4 VerifY Coast Down (New Subtitle with New Content/ 

The coast down verification test confirms that the dynamometer can accurately coast down from 

30 to 20 mph and from 20 to I 0 mph within the expected time limits and is performed using the 

following sequence of steps. 

I) Use the coast down procedures and equations described in the in the EPA's guidance 

document, "Acceleration Simulation Mode Test Procedures, Emissions Standards, 

Quality Control Requirements, and Equipment Specifications" (EPA, 2004) or EPA's 

applicable update to this document to verify the coast down at 25 mph. 

2) Use the coast down procedures and equations described in the EPA's guidance document, 

"Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control 

Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable update 

to this document to verify the coast do"11 at 15 mph. 

Acceptance Criteria: The measured 30 - 20 mph coast down time and the 20 - I 0 mph coast 

down time must be inside the window bounded by CCDT in seconds with a tolerance of+/- 7 

percent. 

8-10 
8.4.3 Acceptance Test Procedures for OBD Inspection Equipment (New Subtitle with New 

Content) 

The acceptance test procedures for OBD inspection equipment apply only to the OBD 

communication components, which must meet all federal requirements contained in 40 CFR 

§§85.2207 - 85.2231 and recommended practices contained in the Jl962, Jl978, and Jl979 

published by the SAE. The acceptance test procedures and acceptance criteria are contained in 

the EPA's guidance document, "Performing Onboard Diagnostic System Checks as Part of a 

Vehicle Inspection and Maintenance Program•· (EPA, 2001) or EPA's applicable update to this 

document. 

8.5 INSPECTION EQUIPMENT CERTIFICATION REQUIREMENTS (New Subtitle with 

New Content) 

Inspection equipment must be approved by the TCEQ prior to being used in the VM program. A 

more detailed description of the certification requirements is available at the TCEQ's central 

office or at 

http:/ /wv.'W. tceq .state. tx. us/assets/pub lie/implementation/ air/ms/IM/txvehanlspecs.OOf. In order 

to obtain approval from the TCEQ, the manufacturers shall: 

• submit a letter to the TCEQ stating that an analyzer model sold or leased by the 

manufacturer or its authorized representatives satisfies all required design and 

performance criteria; 

• provide documentation to demonstrate conformance with the design and performance 

criteria, including a complete description of all hardware components, the results of 

appropriate performance testing conducted by an independent laboratory, and a point-bypoint response to specific requirements; 

• place the most recent version of analyzer software source codes and other pertinent 

technical information in an escrow placement approved by the TCEQ; and 

• furnish a performance bond to the TCEQ that must remain valid for the entire time period 

that the manufacturer participates in the VM program. 

8.6 DETECTION METHODS, INSTRUMENT RANGES, ACCURACY, AND 

REPEATABILITY (New Subtitle with New Content) 

HC analysis must be determined by a non-dispersive infrared (NDIR) analyzer and must cover at 

least the range of 0 - 9,999 ppm HC, where ppm HC is ppm of HC volume as hexane. The 

accuracy of the instrument from 0- 2,000 ppm HC must be+/- 3 percent of point or 4 ppm 

hexane, whichever is greater. The accuracy of the instrument between 2,001-5,000 ppm HC 

must be at least+/- 5 percent of point. The accuracy of the instrument between 5,00 I - 9,999 

ppm HC must be at least +/- I 0 percent of point. 

CO analysis must be determined by an NDIR analyzer and must cover at least the range of 0.00 -

14.00 percent CO, where percent CO is percent volume CO. The accuracy of the instrument 

between 0.01- 10.00 percent CO must be+/- 3 percent of point or 0.02 percent CO, whichever is 

greater. The accuracy of the instrument between 10.01 - 14.00 percent must be at least +/-5 

percent of point. 

C02 analysis must be determined by an NDIR analyzer and must cover at least the range of 0.0-

18.0 percent C02• The accuracy ofthe instrument between 0.01- 16.00 percent C02 must be+/-

3 percent of point or 0.3 percent C02 , whichever is greater. The accuracy of the instrument 

between 16.01- 18.00 percent C02 must be at least+/- 5 percent of point. 

NO analysis must cover at least the range ofO- 5,000 ppm NO. The accuracy of the instrument 

between 0- 4,000 ppm must be at least+/- 4 percent of point or 25 ppm NO, whichever is 

greater. The accuracy of the instrument between 4,001 - 5,000 ppm must be at least+/- 8 percent 

of point. 

8-11 
0 2 analysis must cover at least the range ofO.O- 25.0 percent 0 2. The accuracy of the instrument 

over this range must be at least 5 percent of point or+/- 0.1 percent 0 2, whichever is greater. 

For HC, the repeatability for the analyzer in the range of 0 - I ,400 ppm HC must be 2 percent of 

point or 3 ppm HC absolute, whichever is greater. ln the range of I ,400- 2,000 ppm HC, the 

repeatability must be 3 percent of point. For CO, the repeatability for the analyzer in the range of 

0- 7.00 percent CO must be 2 percent of point or 0.02 percent CO absolute, whichever is greater. 

In the range of 7.00- 10.00 percent CO, the repeatability must be 3 percent of point. For C02, 

the repeatability for the analyzer in the range of 0 - I 0.00 percent C02 must be 2 percent of point 

or 0.1 percent C02 absolute, whichever is greater. In the range of I 0.00- 16.00 percent C02, the 

repeatability must be 3 percent of point. For NO, the repeatability of the analyzer must be 3 

percent of point or 20 ppm NO, whichever is greater. For 0 2, the repeatability of the 0 2 analyzer 

must be 3 percent of point or 0.1 percent 0 2, whichever is greater. 

Rounding of reading values must follow the standard mathematical practice of going to the next 

higher number for any numerical value of five or more. For example, if2.00 percent CO passes 

and 2.01 percent CO fails, and the reading is 2.0049 percent, the value must be rounded down and 

decision must be a pass. If the reading is 2.0050, the value must be rounded up and the decision 

must be a fail. The value displayed and printed on the inspection report must be consistent with 

the value used for the pass/fail decision. 

8.7 REFERENCES (New Subtitle with New Content) 

EPA, 2001. Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and 

Maintenance Program, EPA420-R-Ol-015, June 2001, 

http://www.epa.gov/OMS/regs/im/obd/rOI 0 15.pdf 

EPA, 2004. Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality 

Control Requirements, and Equipment Specifications, EPA420-B-04-0 II, July 2004, 

http://www.epa.gov/oms/regs/im/420b040 ll.pdf 

8-12 
CHAPTER 9: QUALITY CONTROL 

(Revised) 

The October 26, 2005, state implementation plan (SIP) submittal was used as the basis for this 

SIP revision, which includes a non-substantive reorganization of information, in addition to new 

information where noted. The reference to the inspection equipment specifications in this chapter 

was modified to indicate the new location. 

9.1 OVERVIEW (Reorganized and New Content) 

Quality control (QC) measures are implemented by the Texas Department of Public Safety (DPS) 

to ensure that Texas meets its commitment to provide motorists with consistent and accurate 

vehicle emissions inspection results. Vehicle inspection site personnel ensure that emissions 

measurement equipment is calibrated and maintained properly and that inspection records, 

calibration records, and control charts or graphs are accurately created, recorded, and maintained. 

Calibration practices and procedures for two-speed idle (TSI) and acceleration simulation mode 

(ASM) inspection equipment are performed in accordance with requirements specified by 

Appendix A of Subpart S of 40 Code of Federal Regulations (CFR), Part 51 and may incorporate 

the United States Environmental Protection Agency's (EPA) policy or subsequent policies and/or 

procedures. The most recent versions of TSI and ASM inspection equipment specifications, 

formerly referenced in the appendices of the liM SIP, are now available at the TCEQ's central 

office or at 

http://www.tceq.state.tx.us/assets/public/implementation/air/ms/IM/txvehanlspec~.pdf. 

Analyzer manufacturers for TSI, ASM, and on-board diagnostics (OBD) inspection equipment 

prepare a manual of QC procedures, periodic maintenance schedules, and calibration procedures 

to be followed by vehicle emissions inspection site personnel to ensure that all equipment is 

properly calibrated. This manual is submitted to the Texas Commission on Environmental 

Quality (TCEQ) for approval prior to the sale of any equipment for use in the inspection and 

maintenance (liM) program. Analyzer manufacturers ensure an extended service contract is 

available upon the expiration of the manufacturer's original warranty period. 

The vehicle emissions inspection analyzer specifications include, at a minimum, durability and 

functional requirements to ensure accurate measurements and processing and recording of 

emissions inspection samples under a wide range of adverse ambient conditions. In addition, 

emissions inspection analyzers are: 

• automated to the highest degree commercially available to minimize the potential for 

intentional fraud and/or human error; 

• secure from tampering and/or abuse; 

• based upon written specifications; and 

• capable of simultaneously sampling dual-exhaust vehicles. 

Preventative maintenance is performed at least quarterly on all analyzer equipment necessary to 

ensure accurate and repeatable operation. Preventative maintenance refers to any upkeep 

practices used to slow a component's deterioration associated with frequent use and aging. 

9.2 EQUIPMENT CALffiRA TION AND MAINTENANCE (Reorganized Content) 

Emissions inspection analyzer equipment is maintained according to demonstrated good 

engineering practices to assure emissions inspection accuracy. Vehicle emissions inspection 

stations are required to use calibration gases meeting the specifications set forth in 40 CFR Part 

51, Appendix A to SubpartS- Calibrations, Adjustments, and Quality Control. Any modification 

of these requirements by the manufacturer will not be implemented without approval from the 

executive director. In addition, the TCEQ will obtain the EPA's approval for any alternative 

calibrations and maintenance procedures. 

9-1 
Complete records on repairs, software modifications, and calibration of all emissions inspection 

analyzer equipment will be kept on file by the manufacturer during the original warranty and 

subsequent service contract agreement period. Each analyzer contains a historical database, 

which automatically records QC infonnation, lockouts, and attempted tampering. The analyzer 

housing is constructed to protect the analyzer bench and electrical components from ambient 

temperatures and humidity fluctuations that exceed the range of the analyzers. Maintenance 

procedures are used to maintain the gas cap integrity inspection equipment in accordance with 

demonstrated good engineering practices in order to assure inspection accuracy. 

9.3 DOCUMENT SECURITY (Reorganized Content) 

All vehicle inspection certificates are printed with a unique serial number, an official state seal, 

and are counterfeit resistant. Each vehicle inspection station secures the inspection certificates 

under lock and key at all times and ensures the certificates are placed on and issued to vehicles. 

An inspection certificate is not issued until a vehicle passes all components of the safety and 

emissions inspection. Inspection certificates are affixed to the inside of the lower portion of the 

windshield on the driver's side to prevent theft or removal. Removal of an inspection certificate 

by breaking into a vehicle is a felony offense. 

9-2 
CHAPTER 10: WAIVERS AND TIME EXTENSIONS 

(No Cfla11ge) 

10-1 
CHAPTER 11: MOTORIST COMPLIANCE ENFORCEMENT 

(Revised) 

The October 26, 2005, state implementation plan (SIP) submittal was used as the basis for this 

SIP revision, which includes a non-substantive reorganization of information, in addition to new 

information where noted. The reference to "Specifications for Vehicle Exhaust Gas Analyzer 

Systems for Use in the Texas Vehicle Emissions Testing Program," in this chapter was modified 

to indicate the new location. 

11.1 GENERAL (New Subtitle witll Reorganized Content) 

Compliance is ensured through a re-registration denial and a sticker-based enforcement system. 

The inspection and maintenance (liM) program is expected to achieve a compliance rate of 96 

percent. Results from a safety inspection compliance survey in Dallas, Tarrant, Harris, and El 

Paso Counties indicates 95 percent compliance without the additional program enhancements. 

Results are located in Appendix J: Texas Department of Transpo1·tation, Vehicle Titles and 

Registration Division, 2000 Summer Research Project Parking Lot Survey Report, March 2003. 

The ultimate enforcement is denial of vehicle re-registration for those vehicles registered in a 

county with an liM program that do not comply with vehicle inspection requirements. Although, 

the Texas Department of Public Safety (DPS) and other law enforcement agencies have the 

authority to issue misdemeanor citations to a motorist operating a vehicle in violation of certain 

provisions of Texas Transportation Code (TTC), Chapter 548, which includes emissions-related 

inspections. 

11.2 RE-REGISTRATION DENIAL (New Subtitle wit/1 Reorganized Content) 

To implement re-registration denial as an enforcement tool, the Texas Commission on 

Environmental Quality (TCEQ) compares the registration and the inspection databases to identify 

subject vehicles that are registered in the affected area, but have failed to comply with the liM 

program. Letters are sent to registered owners of vehicles that meet the subject criteria for 

inspection and fail an initial inspection, but never pass a subsequent inspection, receive a waiver, 

or otherwise comply with the liM program requirements. Vehicle owners that do not comply are 

flagged in the Texas Department of Motor Vehicles' registration database and are denied reregistration until the vehicles have complied with the liM program requirements. 

11.3 STICKER-BASED ENFORCEMENT (New Subtitle with Reorganized and New 

Content) 

Registration certificates, which are affixed on the windshield immediately above the safety 

inspection certificate, have markings that indicate a vehicle is registered in an liM program area. 

The safety inspection program uses a windshield certificate indicating the subject vehicle is in 

compliance with both the emissions and the safety inspection program. Law enforcement 

officials can visually compare the county of registration and the county of inspection. 

Inspection certificates have a DPS seal, a unique number, and tear when removed. Additional 

security features are routinely added to deter counterfeiters. The DPS tracks inspection certificate 

numbers with assistance from the vehicle identification database {VID) and the TCEQ's 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program," which were formerly referenced in the appendices of the liM SIP 

and are now available at the TCEQ's central office or at 

http://www.tceq.state.tx.us/assets/public/implementation/air/ms/IM/txvehanlspecs.pdf. 

Motorists are issued citations by local and state law enforcement officials for driving a vehicle 

with an expired or invalid inspection certificate or for evading the emissions inspection or 

inspection outside of the affected area. These violations of the TIC, §548.602 (Class C 

11-1 
misdemeanor) and §548.603 (Class B misdemeanor) are punishable by a fine starting at $200 and 

not exceeding $2,000 for each occurrence. The owner is subject to an additional citation every 

time the vehicle is driven. Violators are given notification that they shall comply with the liM 

program requirements. Noncompliance will result in delivery of additional citations and fines 

that may accumulate to more than the expense of a minimum expenditure waiver. Continual 

noncompliance will result in denial of re-registration. 

Fines for motorists involved in bribery or fraud are substantially higher and may also result in 

incarceration. Under TIC, §548.603 (Class B misdemeanor), a motorist suspected of obtaining 

an inspection certificate in a neighboring county to avoid the emissions portion of the inspection 

may be charged with willful purchase of a fraudulent inspection certificate. 

11.4 ADDITIONAL ENFORCEMENT ACTIVITIES (New Subtitle with Reorganized 

Content) 

The TCEQ may use vehicle identification number decoder software to search for vehicles that 

have changed the fuel type designation from gasoline to diesel on the vehicle registration record 

to avoid emissions inspection requirements. In addition, records that have had the fuel type 

designation changed will be flagged in the VID. The commission will analyze this data for abuse. 

Owners of subject gasoline-powered vehicles two through 24 years old that are identified as 

failing the emissions standards set for remote sensing are required to comply with the vehicle 

emissions inspection requirements of the affected area. Registered owners are given notification 

that they shall submit their vehicle for an emissions inspection within 30 days. Noncompliance 

will result in delivery of citations and continual noncompliance will result in denial of reregistration. 

Vehicles that are titled or registered in counties without an 11M program and then resold (change 

of ownership) into a county with an 11M program are not eligible for title receipt or registration 

unless proof is presented that the vehicle has passed a vehicle emissions inspection within 90 

days before title transfer. The buyer shall submit to the county tax assessor-collector or their 

deputy proof in the form of the following documents: 

• a vehicle inspection report; or 

• another proof of compliance as authorized by the DPS. 

The !est-on-resale requirement does not apply to 1996 and newer model-year vehicles with less 

than 50,000 miles. 

11-2 
CHAPTER 12: ENFORCEMENT PROGRAM OVERSIGHT 

(No Change) 

12-1 
CHAPTER 13: QUALITY ASSURANCE 

(No Change) 

13-1 
CHAPTER 14: ENFORCEMENT AGAINST CONTRACTORS, STATIONS, AND 

INSPECTORS 

(No Clta11ge) 

14-1 
CHAPTER 15: DATA COLLECTION 

(No Change) 

15-1 
CHAPTER 16: DATA ANALYSIS AND REPORTING 

(No Cha11ge) 

16-1 
CHAPTER 17: INSPECTOR LICENSING AND CERTIFICATION 

(No Cha11ge) 

17-1 
CHAPTER 18: PUBLIC INFORMATION AND CONSUMER PROTECTION 

(No Change) 

18-1 
CHAPTER 19: IMPROVING REPAIR EFFECTIVENESS 

(No Change) 

19-1 
CHAPTER 20: COMPLIANCE WITH RECALL NOTICES 

(No Change) 

20-1 
CHAPTER 21: ON-ROAD TESTING 

(No Clrange) 

21-1 
CHAPTER 22: STATE IMPLEMENTATION PLAN SUBMISSION 

(No Change) 

22-1 
WRITTEN AND 

ORAL TESTIMONY 
Reference Number 

W-1 

INDEX OF WRITIEN TESTIMONY 

Submitted by 

Guy Donaldson, United States Environmental 

Protection Agency 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

Mr. Michael Parrish 

MC 205, Office ofLegal Services 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

JUN 2 3 2010 

Texas Commission on Environmental Quality 

P. 0. Box 13087 

Austin, Texas 78711-3087 

Dear Mr. Parrish: 

W-1 

Thank you for the opportunity to comment on proposed revisions to 30 Texas 

Administrative Code Chapter 114, Control of Air Pollution from Motor Vehicles, and the 

stlrte implementation plan. 

We support the proposed revisions to§§ 114.2, 114.51, 114.52, and 114.64. None 

of these revisions impact the program design, program performance criteria, or emission 

inspection procedures. These revisions will update the rule to match current program 

conditions as well as implement legislative changes. Changing specific document dates to 

reference the most recent version improves SIP efficiency for both agencies. We continue 

to support the Low Income Repair Assistance Program even as reimbursement rules are 

revised. 

If we can be of any assistance to you in future rule development regarding mobile 

source programs, please feel free to contact me or Sand Rennie of my staff HI: (214} 665-

7367. 

Sincerely yours, 

Guy Donaldson, Chief 

Air Planning Section 

Internet Address (URL) • http;//www.epa.gov/ear!h1r6( 

Recycled/Recyclable - Printed wtlh Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) 
INDEX OF ORAL TESTIMONY 

NO ORAL TESTIMONY WAS RECEIVED PERTAINING TO THIS SIP REVISION. 
- 1 -

Texas Commission on Environmental Quality 

Public Hearing Registration 

Date: July 20, 2010 

Time: 2:00 PM 

Rule Project Nos.: 2009-027-114-EN and 2009-035-SIP-NR 

Short Title: HB 715: Vehicle Emissions Testing Limit and Emissions Testing Analyzer Specifications (TAS) Rule Revision; and Inspection and 

Maintenance (1/M) SIP Revision 

Location: TCEQ, Region 4 Office, Dallas-Fort Worth Public Meeting Room, 2309 Gravel Road, Fort Worth, Texas 

Concerning: Proposed revisions to 30 TAG Chapter 114 and to the SIP 

Name and Phone No. or E-mail Address Representing Presenting Oral Testimony? 

(Please Print) (Circle One) 

~$~ /J/'Of./"1'1 . !Vt·"'fU6 Yes@ 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

HEARING OFFICER REPORT 

I am the hearing officer assigned to conduct the public hearing regarding Rule Project 

No. 2009-027-114-EN and Project No. 2009-035-SIP-NR concerniD.g HB715: Vehicle 

Emissions Testing Limit and Emissions Testing Analyzer Specifications Rule Revision; 

and Inspection and Maintenance SIP Revision. 

A public hearing was scheduled for July 20, 2010, at 2:00 p.m.·in Fort Worthat the 

TCEQ, Region 4 Office, Dallas-Fort Worth Public Meeting Room, located at 2309 

Gravel Road. 

At 2:00p.m. the room was op~ TCEQ staff and a court reporter were present and 

ready to open the hearing for public comment. After waiting for 20 minutes, no one 

had arrived to make comments on the record Therefore, the public hearing was not 

formally opened for comment and no transcript was prepared. 

Date signed 
Texas Commission on Environmental Quality 

Public Hearing Registration 

Rule Project Nos.: 2009-027-114-EN and 2009-035-SIP-NR 

Data: July 21, 2010 

Time: 10:00 AM 

Short Title: HB 715: Vehicle Emissions Testing Limit and Emissions Testing Analyzer Specifications (TAS) Rule Revision; and Inspection and 

Maintenance (1/M) SIP Revision 

Location: iCEQ, Building E, Room 201S, 12100 Park 35 Circle, Austin, TX 

Concerning: Proposed revisions to 30 TAG Chapter 114 and to the SIP 

- 1 -

Name and Phone No. or E-mail Address 

(Please Print) Representing Presenting Oral Testimony? 

(Circle One) 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 

Yes No 
HEARING OFFICER REPORT 

I am the hearing officer assigned to conduct the public hearing regarding Rule Project 

No. 2009-027-114-EN and Project No. 2009-035-SIP-NR concerning HB 715: Vehicle 

Emissions Testing Limit and Emissions Testing Analyzer Specifications Rule Revision; 

and Inspection and Maintenance SIP Revision. 

A public hearing was scheduled for July 21, 2010, at 10:00 am. in Austin at TCEQ, 

Building E, Room 201S, located at 12100 Park 35 Circle. 

At 9:15 a.m. the room was o~ TCEQ staff and a court reporter were present and ready 

to open the hearing for public coinment. After waiting until 1 0: 1 0 am., no one had 

arrived to make comments on the record. Therefore, the public hearing was not fonnally 

opened for comment and a transcript was not prepared. 

earing Officer 

01 I aJ/Jo 
- 1 -

Texas Commission on Environmental Quality 

Public Hearing Registration 

Date: July 22, 2010 

Time: 3:00 PM 

Rule Project Nos.: 2009-027-114-EN and 2009-035-SIP-NR 

Short Title: HB 715: Vehicle Emissions Testing Limit and Emissions Testing Analyzer Specifications (TAS) Rule Revision; and Inspection and 

Maintenance (liM) SIP Revision 

Location: Houston-Galveston Area Council, Conference Room A, 3555 Timmons Lane, Houston, Texas 

Concerning: Proposed revisions to 30 TAC Chapter 114 and to the SIP 

Name and Phone No. or E-mail Address Representing Presenting Oral Testimony? 

(Please Print) (Circle One) 

ru'? Yes ,No 

~QJ Yes No 

-

~~ Yes No . 

~ Jl Yes No 

'J...J ~ Yes No 

... ' 

" Yes No 

-~ Yes No 

"' Yes No 
TEXAS COM~MISSION ON ENVIRON11ENTAL QUALITY 

HEARING OFFICER REPORT 

I am the hearing officer assigned to conduct the public hearing regarding Rule Project 

No. 2009-027-114-EN and Project No. 2009-035-SIP-NR. concerning HB715: Vehicle 

Emissions Testing Limit and Emissions Testing Analyzer Specifications Rule- Revision; 

and Inspection and Maintenance SIP Revision. 

A public hearing was scheduled for July 22, 2010, at 3:00 p.m. in Houston at the 

Houston-Galveston Area Council, Conference Room A, located at 3555 Timmons Lane. 

At 3:00 p.m. the room was open. TCEQ staff and a court reporter were present and. 

ready to open the hearing for public comment. After waiting for 20 minutes, no one 

had arrived to make comments on the record. Therefore, the public hearing was not 

formally opened for comment and no transcript was prepared. 

Date signed 
EVALUATION OF 

TESTIMONY 
Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM 

To: Commissioners Date: October 29,2010 

Thru: LaDonna Castafiuela, Chief Clerk 

Mark R. Vickery, P.G., Executive Director 

From: Susana M. Hildebrand, P.E., Chief Engine~ 

Docket No.: 2009-1613-SIP 

Subject: Requesting Commission Approval to Adopt a Revision to the Inspection and Maintenance 

(VM) State Implementation Plan (SIP) 

VM SIP Revision 

Project No. 2009-035-SlP-NR 

Background and reason(s) for the state implementation plan revision: 

Background Information 

An VM SIP revision was adopted by the commission on December 6, 2000. The SIP revision enhanced the 

VM program, which is an air pollution control strategy involving emissions inspection of vehicles to reduce 

nitrogen oxides (NOx) and volatile organic compounds (VOC) for the counties included in the Dallas-Fort 

Worth (DFW) and Houston-Galveston-Brazoria (HGB) ozone nonattainment areas to assist with 

demonstrating attainment with the one-hour ozone National Ambient. Air Quality Standard. Part of this 

package was the vehicle emissions testing analyzer specifications (TAS) and inspection requirements for 

acceleration simulation mode (ASM) and on-board diagnostics (OBD) inspections. 

The commission adopted a revision to the VM SIP on October 24, 2001, defining the term low-volume 

emissions inspection station and requiring all emissions inspection stations in the DFW and HGB areas to 

offer both ASM and OBD inspections to the public with the exception of low-volume emissions inspection 

stations. The low-volume emissions inspection station designation was established because of the cost 

differential of ASM vehicle emissions analyzers, which have the capability to inspect all vehicles required to 

undergo VM inspections, and the cost of OBD-only vehicle inspection analyzers, which only have the 

capability to inspect vehicles that are model-year 1996 and newer. To ensure that an adequate number of 

vehicle emissions inspection stations were available to provide both ASM and OBD inspections at the start 

of the revised VM program in the DFW and HGB areas, stations that voluntarily opted to be designated as a 

low-volume emissions inspection station by the Texas Department of Public Safety (DPS), the agency that 

implements the 1/M program along with the Texas Commission on Environmental Quality (TCEQ), were 

restricted to a maximum of 1,200 OBD inspections per calendar year. The revised VM program began on 

May I, 2002, in Collin, Dallas, Denton, and Tarrant Counties in the DFW area and Harris County in the 

HGB area. On May I, 2003, the VM program expanded to include Ellis, Johnson, Kaufman, Parker, and 

Rockwall Counties in the DFW area and Brazoria, Fort Bend, Galveston, and Montgomery Counties in the 

HGB area. 

Low-Volume Emissions Inspection Stations 

Section I of House Bill (HB) 715, 8!st Texas Legislature, 2009, Regular Session, establishes a minimum 

vehicle emissions inspection limit for low-volume emissions inspection stations that will become effective on 

December 31,2010. The vehicle emissions inspection limit for stations that only offer emissions inspections 

on model-year 1996 and newer vehicles has been a component of the VM program in the DFW and HGB 

areas since 2002. Currently, low-volume emissions inspection stations may perform up to I ,200 OBD 

vehicle emissions inspections per year. HB 715 revised Texas Transportation Code (TTC), §548.3075 to 

prevent the DPS from restricting low-volume emissions inspection stations to fewer than ISO OBD 
Commissioners 

Page 2 

October 29, 2010 

Re: Docket No. 2009-1613-SIP 

inspections per month. The adopted VM SIP revision is needed in order to comply with the requirements of 

HB 715. 

TAS 

On October 26, 2005, the comnusswn adopted reviSions to the VM SIP. These reviSions required 

manufacturers of vehicle emissions inspection analyzers used in the VM program to meet the requirements 

contained in the TCEQ's "Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas 

Vehicle Emissions Testing Program," dated May 1, 2005, or in the TCEQ's "Specifications for On-Board 

Diagnostics II Analyzer for Use in the Texas Vehicle Emissions Testing Program," dated May 1, 2005. 

These documents are also refen·ed to as the T AS. 

Since October 2005, theTAS have been modified four times to improve oversight and enhance effectiveness 

of the VM program. The minor non-programmatic modifications did not affect the vehicle emissions 

inspection procedures or the design and perfon:nance criteria for the vehicle emissions inspection analyzer. 

However, the minor non-programmatic modifications did include updates to accommodate new technology 

vehicles, enhancements to the method of collecting inspection data that is used to identifY occurrences of 

possible improper or fraudulent inspections, and updates to internal reference tables used to determine the 

applicable vehicle emissions inspection criteria. A modification is considered to be a minor nonprogrammatic modification if it results in no additional cost to vehicle inspection station owners. Each time 

the TAS were modified, staff incorporated the necessary software enhancements into a draft version of the 

TAS, and these enhancements were implemented on all analyzers by the analyzer manufacturers 

participating in the VM program. The modified TAS have not been incorporated into the VM SIP. The 

adopted VM SIP revision results in a more streamlined process for implementing minor non-programmatic 

modifications to theTAS. 

Scope of the SIP revision: 

The adopted VM SIP revision will implement the changes required in HB 715 related to modif)'ing the 

number of inspections a designated low-volume emissions inspection station may perform from a maximum 

of 1,200 OBD inspections per year to a maximum established by the DPS of at least 150 OBD inspections 

per month. 

The adopted VM SIP revision will define the TAS as "the most recent version" resulting in a more 

streamlined process for implementing minor non-programmatic modifications to the T AS. The adopted 

revision will also remove theTAS from the appendices of the VM SIP, modifY the corresponding references, 

and add language to satisfY the requirements of 40 Code of Federal Regulations (CFR) §51.358(c). 

Additional details regarding the adopted changes are included in the Summary oj"what the SIP re1'ision will 

do portion of this executive summary. 

In addition, the adopted 1/M SIP revision will include various non-substantive changes to apply appropriate 

and consistent use of acronyms, section references, stmcture, formatting, and certain tenninology. 

A) Summary of wbat the SIP revision will do: 

Low- Volume Emissions Inspection Stations 

The adopted VM SIP revision will modifY the definition of a low-volume emissions inspection station. The 

modified definition will state that "a low-volume emissions inspection station is a vehicle emissions 

inspection station that meets all criteria for obtaining a low-volume waiver from the Texas Department of 

Public Safety." TI1is adopted revision will ensure that the defmition for a low-volume emissions inspection 
Commissioners 

Page 3 

October 29, 2010 

Re: Docket No. 2009-1613-SIP 

station does not conflict with the low-volume waiver criteria for inspection stations listed in the DPS rules 

(37 Texas Administrative Code §23.95) and meet the requirements ofHB 715. 

TAS 

The adopted liM SIP revision will add language requiring analyzer manufacturers to meet the requirements 

contained in the "most recent version" of theTAS resulting in a more streamlined process for implementing 

minor non-programmatic modifications to the TAS. The adopted revision will remove the "Specifications 

for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program" as an 

appendix to the 1/M SIP and modify its con-esponding references to indicate that the "most recent version" of 

the TAS are available at the TCEQ's central office or at 

http://ww11·. tceq. state. tx. us! ass ets!publiclimplementatlon/ air!ms!IM!txvehan lspecs.pdf 

The adopted revision will also remove the ·'Specifications for On-Board Diagnostics II Analyzer for Use in 

the Texas Vehicle Emissions Testing Program'" as an appendix to the liM SIP and its con-esponding 

references. The specifications for OBD-only vehicle inspection analyzers are not needed because these 

requirements are duplicated in the "Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the 

Texas Vehicle Emissions Testing Program." In addition, the adopted revision will add language to Chapter 

Eight: Test Procedures, Standards, and Test Equipment to satisfy the requirements of 40 CFR §51.358(c), 

which indicates that the 1/M SIP must include written technical specifications for all inspection equipment 

used in the liM program and that the specifications must describe the inspection process, the necessary 

inspection equipment, the required features, and written acceptance testing procedures. 

B) Scope required by federal regulations or state statutes: 

Low-Volume Emissions Inspection Stations 

The adopted liM SIP revision will modify the vehicle emissions inspection limit for a low-volume emissions 

inspection station from a maximum of 1,200 OBD inspections per year to a maximum established by the 

DPS of at least !50 OBD inspections per month as required by HB 715. 

C) Additional staff recommendations that are not required by federal rule or state statute: 

TAS 

The adopted liM SIP reviSion to change the way the commission approves minor non-programmatic 

modifications to theTAS is not required by federal rule or state statue, but is essential to the operation of the 

liM program because it allows staff to implement minor non-programmatic modifications to the TAS in a 

timely manner. 

Statutory authority: 

The liM SIP revision is adopted under Texas Water Code (TWC), §5.1 02, General Powers, TWC, §5.1 03, 

Rules, and TWC, §5.1 05, General Policy, which provides the commission with the general powers to carry 

out its duties and authorizes the commission to adopt rules necessary to carry out its powers and duties under 

the TWC; and TWC, §5.013, General Jurisdiction of Commission, which states the commission's authority 

over various statutory programs. The revision is also adopted under Texas Health and Safety Code (THSC), 

§382.01 7, Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of 

THSC, Chapter 382 (the Texas Clean Air Act), and to adopt rules that differentiate among particular 

conditions, particular sources, and pa~ticular areas of the state. The revision is also adopted under THSC, 

§382.002, Policy and Purpose, which establishes the commission's purpose to safeguard the state's air 

resources, consistent with the protection of public health, general welfare, and physical property; THSC. 
Commissioners 

Page 4 

October 29, 2010 

Re: Docket No. 2009-1613-SIP 

§382.011, General Powers and Duties, which authorizes the commission to control the quality of the state's 

air; THSC, §3 82.012, State Air Control Plan, which authorizes the commission to prepare and develop a 

general, comprehensive plan for the control of the state's air; THSC, §382.019, Methods Used to Control and 

Reduce Emissions From Land Vehicles, which provides the commission the authority to adopt rules to 

control and reduce emissions from engines used to propel land vehicles; THSC, Chapter 382, Subchapter G, 

Vehicle Emissions, which provides the commission the authority by rule to establish, implement, and 

administer a program requiring emissions-related inspections of motor vehicles to be performed at inspection 

facilities consistent with the requirements of Federal Clean Air Act, 42 United States Code, § § 740 I et seq.; 

and THSC, Chapter 3 82, Subchapter H, Vehicle Emissions Programs in Certain Counties, which authorizes 

the commission to adopt an 11M program for participating Early Action Compact counties. The liM SIP 

revision is adopted pursuant to TTC, §548.3075, which was amended by Section I ofHB 715 from the 8lst 

Texas Legislature, 2009, Regular Session. 

Effect on the: 

A) Regulated community: 

Low-Volume Emissions Inspection Stations 

The adopted 11M SIP revision regarding low-volume emissions inspection stations may affect all vehicle 

emissions inspection stations in the DFW and HGB areas regardless of the volume. As the low-volume limit 

for stations that offer OBD-only inspections is increased, the liM program may experience a decrease in the 

number of vehicle emissions inspection stations that offer both ASM and OBD inspections due to potential 

loss in revenue and the operational cost associated with maintaining the ASM equipment. In addition, the 

adopted revision may fiscally impact vehicle emissions inspection stations. Low-volume emissions 

inspection stations may experience an increase in revenue due to the increase in the amount of inspections 

they are allowed to perform each month. Non low-volume emissions inspection stations, also known as fullservice vehicle emissions inspection stations, may experience a corresponding decrease in revenue. 

Predicting the magnitude of the increase or decrease experienced by each type of station is not possible as the 

increase or decrease will be determined by the marketplace. 

TAS 

The adopted 11M SIP revision related to the T AS will not have an effect or a fiscal impact on the regulated 

community as minor non-programmatic modifications to theTAS will not result in additional costs to vehicle 

inspection station owners. 

B) Public: 

The adopted liM SIP revisions will not have a fiscal impact on the public. 

Low- Volume Emissions Inspection Stations 

The adopted 11M SIP revision regarding low-volume emissions inspection stations may cause motorists of 

model-year 1995 and older vehicles to experience difficulty locating a convenient full-service vehicle 

emissions inspection station as the 11M program in the DFW and HGB areas may see a decrease in the 

number of full-service inspection stations offering ASM inspections. 

TAS 

The adopted 11M SIP revision regarding the TAS will not have an effect on the public. 
Commissioners 

Page 5 

October 29, 20 I 0 

Re: Docket No. 2009-1613-SIP 

C) Agency programs: 

Low- Volume Emissions Inspection Stations 

The adopted liM SIP revision regarding the definition of the low-volume emissions inspection station will 

have no significant impact on the agency. 

TAS 

The adopted VM SIP revision regarding the TAS will impact the agency. By defining the TAS as "the most 

recent version,'" the adopted VM SIP revision will streamline the process for implementing minor nonprogrammatic modifications to theTAS in a timely manner. 

Public comment: 

TCEQ staff offered public hearings in Fort Worth on July 20, 2010; in Austin on July 21, 2010; and in 

Houston on July 22, 20 I 0. No member of the public wished to present comments, so staff did not open the 

public hearings. The comment period opened on June 18,2010, and closed on July 26,2010. 

The commission received one written comment from the United States Environmental Protection Agency 

(EPA). The EPA expressed support for the proposed revisions to the rule and the VM SIP and expressed 

continued support for the VM program and the Low Income Repair Assistance Program. 

Significant changes from proposal: 

None 

Stakeholder meetings: 

Stakeholder meetings were not held. 

Potential controversial concerns and legislative interest remaining after proposal and public comment: 

None 

Does this SIP revision affect any current policies or require development of new policies? 

Low- Volume Emissions Inspection Stations 

The adopted VM SIP revision will modifY criteria within the current VM program but will not affect the 

current agency policies regarding implementation, enforcement, and oversight of the VM program as 

required by the current L'M SIP. 

TAS 

Under the current policies, implementing minor non-programmatic modifications to the T AS may take up to 

30 months. The process includes approximately 12 to 18 months to revise the VM SIP and an additional nine 

to 12 months for software development. The adopted VM SIP revision will result in a more streamlined 

process for minor non-programmatic modifications to the TAS and allow staff to implement minor nonprogrammatic modifications in a timely manner. However, modifications to the VM program design, 

performance criteria for the vehicle emissions inspection analyzer, and the vehicle emissions inspection 

procedure are considered programmatic modifications and will not be implemented unless commission 

approval is received through the rule and SIP revision process. 
Commissioners 

Page 6 

October 29, 2010 

Re: Docket No. 2009-1613-SIP 

What are the consequences if this SIP revision does not go forward? Are there alternatives to this SIP 

re,·ision? 

Low- Volume Emissions Inspection Stations 

The current VM SIP, which defines a low-volume emiSSions inspection station, will conflict with the 

requirements ofHB 715. There are no viable alternatives to this revision to the liM SIP since HB 715 directs 

the DPS to set the inspection limit for low-volume emissions inspection stations. 

TAS 

Minor non-programmatic modifications to the T AS will continue to require approval through the VM SIP 

revision process. An alternative is not to proceed with the adopted VM SIP revision. However, minor nonprogrammatic modifications to the T AS may require up to 30 months to implement. 

Key points in the adoption SIP revision schedule: 

Proposal date: 

Texas Register proposal publication date: 

Anticipated Texas Register publication date: 

Anticipated effective date: 

Six-month Texas Register filing deadline: 

Agency contacts: 

June 16,2010 

NIA 

N/A 

NIA 

NIA 

Edgar J. Gilmore, Jr., Rule Project Manager, 239-2069, Air Quality Division 

Ross Henderson, Staff Attorney, 239-6257, Environmental Law Division 

Attachments: 

HB 715 

cc: Chief Clerk, 2 copies 

Executive Director's Office 

Susana M. Hildebrand, P.E. 

Kevin Patteson 

Curtis Seaton 

Daniel Womack 

Office of General Counsel 

Edgar J. Gilmore Jr. 
RESPONSE TO COMMENTS RECEIVED REGARDING 

THE INSPECTION AND MAINTANANCE (11M) STATE 

IMPLEMENTATION PLAN (SIP) REVISION 

Public hearings for this proposed liM SIP revision were offered on July 20, 20 I 0, at 2:00 p.m. at 

the Texas Commission on Environmental Quality (TCEQ), Region 4 Office, Dallas-Fort Worth 

Public Meeting Room, on 2309 Gravel Road in Fort Worth; on July 21,2010, at 10:00 a.m. at the 

TCEQ, Building E, Room 201S, on 12100 Park 35 Circle in Austin; and on July 22,2010, at 3:00 

p.m. at the Houston-Galveston Area Council, Conference Room A, on 3555 Timmons Lane in 

Houston. A question and answer session was held 30 minutes prior to each hearing. The 

hearings were not officially opened because no party indicated a desire to give comment. 

The comment period opened on June 18, 2010, and closed on July 26, 2010. The commission 

received one comment from the United States Environmental Protection Agency (EPA). 

The EPA expressed support for the proposed liM SIP revision and expressed continued support 

for the liM program and the Low Income Repair and Replacement Assistance Program (LIRAP). 

The commission appreciates the EPA's support for the proposed 11M SIP revision, the 11M 

program, and the LIRAP. No changes were made to the 11M SIP based on this comment. 
STAFF 

RECOMMENDATIONS
REVISION TO THE STATE IMPLEMENTATION PLAN 

MOBILE SOURCE STRATEGIES 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

P.O. BOX 13087 

AUSTIN, TEXAS 78711-3087 

TEXAS INSPECTION AND MAINTENANCE 

STATE IMPLEMENTATION PLAN REVISION 

DOCKET NUMBER: 2009-1613-SIP 

30 TEXAS ADMINISTRATIVE CODE 

CHAPTER 114 

PROJECT NO. 2009-035-SIP-NR 

Adoption 

November 18, 20 I 0 
This page intentionally left blank. 
EXECUTIVESU~Y 

Section I of House Bill (HB) 715, 8Ist Texas Legislature, 2009, Regular Session, establishes a 

minimum vehicle emissions inspection limit for low-volume emissions inspection stations that 

will become effective on December 31,2010. The vehicle emissions inspection limit for stations 

that only offer emissions inspections on 1996 and newer model-year vehicles has been a 

component of the inspection and maintenance (liM) program in the Dallas-Fort Worth (DFW) 

and Houston-Galveston-Brazoria (HGB) ozone nonattainment areas since 2002. Currently, lowvolume emissions inspection stations may perform up to 1,200 on-board diagnostics (OBD) 

vehicle emissions inspections per year. HB 715 revised Texas Transportation Code, §548.3075 to 

prevent the Texas Department of Public Safety (DPS), the agency that implements the 11M 

program along with the Texas Commission on Environmental Quality (TCEQ), from restricting 

low-volume emissions inspection stations to fewer than 150 OBD inspections per month. 

On October 26, 2005, the commission adopted revisions to the liM state implementation plan 

(SIP). These revisions required manufacturers of vehicle emissions inspection analyzer systems 

used in the 11M program to meet the requirements contained in the TCEQ's "Specifications for 

Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing 

Program," dated May I, 2005, or in the TCEQ's "Specifications for On-Board Diagnostics II 

Analyzer for Use in the Texas Vehicle Emissions Testing Program," dated May I, 2005. These 

documents are also referred to as the vehicle emissions testing analyzer specifications (TAS). 

Since October 2005, the T AS have been modified four times to improve oversight and enhance 

effectiveness of the 11M program but have not been incorporated into the 11M SIP. These minor 

non-programmatic modifications did not affect the vehicle emissions inspection procedure or the 

design and performance criteria for the vehicle emissions inspection analyzer. However, the 

minor non-programmatic modifications did include updates to accommodate new technology 

vehicles, enhancements to the method of collecting inspection data that is used to identify the 

occurrence of improper inspections, and updates to internal reference tables used to determine the 

applicable vehicle emissions inspection criteria. 

This 11M SIP revision incorporates changes needed to comply with the requirements ofHB 715. 

In addition, this revision will define the T AS as "the most recent version" resulting in a more 

streamlined process for minor non-programmatic modifications to the TAS and allow staff to 

implement minor non-programmatic modifications including updates to accommodate new 

technology vehicles, enhancements to the method of collecting inspection data, and updates to 

internal reference tables. No modification will be considered a minor non-programmatic 

modification if it results in additional costs to vehicle inspection station owners. Modifications to 

the 11M program design, performance criteria for the vehicle emissions inspection analyzer, or the 

vehicle emissions inspection procedure are considered programmatic modifications and will not 

be implemented unless commission approval is received through the SIP revision process. 

This revision will also remove the "Specifications for Vehicle Exhaust Gas Analyzer Systems for 

Use in the Texas Vehicle Emissions Testing Program" as an appendix to the 11M SIP and modify 

its corresponding references while satisfying the requirements of 40 Code of Federal Regulations 

(CFR) §51.358(c) with the language contained in Chapter 8: Test Procedures, Standards, and 

Test Equipment of the 11M SIP. In addition, this revision will remove the "Specifications for OnBoard Diagnostics II Analyzer for Use in the Texas Vehicle Emissions Testing Program" as an 

appendix to the 11M SIP and its corresponding references, as these T AS are no longer needed 

because the specifications for OBD-only vehicle inspection analyzers are duplicated in the 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program." 

Listed below are specific revisions made in this 11M SIP: 

• in Chapter I : General, 

o revised the title, 

ES-1 
o reorganized the content of Section 1.1: Purpose, 

o reorganized content and added language regarding the low-volume em1sswns 

inspection station definition to Section 1.2: Background, 

o added new subtitle with reorganized content and new language regarding health 

effects of ozone and carbon monoxide in Section 1.3: Health Effects, and 

o reorganized content and added language regarding public hearings to Section 1.4: 

Public Hearings Information; 

• in Chapter 2: Applicability, 

o added new subtitles with reorganized content in Section 2.1: Legal Authority, 

Section 2.3: Performance Standard, 

o added new subtitle with reorganized content and added language regarding 

nonattainment area designations and classifications in Section 2.2: Area 

Designations, Section 2.4.1: Beaumont-Port Arthur, Section 2.4.2: Dallas-Fort 

Worth, Section 2.4.3: Houston-Galveston-Brazoria, and Section 2.4.4: El Paso 

o added a new subtitle in Section 2.4: Applicable Areas, and 

o modified the definition of a low-volume emissions inspection station in Section 2.4.2: 

Dallas-Fort Worth and Section 2.4.3: Houston-Galveston-Brazoria; 

• in Chapter 8: Test Procedures, Standards, and Test Equipment, 

o added new subtitles and language regarding inspection equipment specifications, 

acceptance test procedures, and certification requirements for the inspection 

equipment to Section 8.1: General, Section 8.4.1: TSI and ASM Inspection 

Equipment, Section 8.4.1.1: Accuracy, Section 8.4.1.2: Repeatability, Section 

8.4.1.3: Response Time, Section 8.4.1.4: Interference Effects, Section 8.4.1.5: 

Water Saturated Hot Air, Section 8.4.1.6: Electromagnetic Isolation and 

Interference Tests, Section 8.4.1.7: Dilution, Section 8.4.1.8: Dual Exhaust Probe 

System Flow Rate Test; Section 8.4.2: Dynamometer, Section 8.4.2.1: Load Cell 

Verification (if equipped), Section 8.4.2.2: Speedometer Verification, Section 

8.4.2.3: Verification of Parasitic Losses, Section 8.4.2.4: VerifY Coast Down, 

Section 8.4.3: OBD Inspection Equipment, Section 8.5: Inspection Equipment 

Certification Requirements, Section 8.6: Detection Methods, Instrument Ranges, 

Accuracy, and Repeatability, and Section 8.7: References, 

o revised the subtitle with reorganized content in Section 8.2: Inspection Process and 

Standards, 

o revised the subtitle in Section 8.3: Inspection Equipment and Required Features, 

o added new subtitles with reorganized content and added language regarding 

inspection equipment required features in Section 8.3 .I: General Information, 

Section 8.3.2: TSI Inspection Equipment, Section 8.3.3: ASM Inspection Equipment, 

and Section 8.3.4: OBD Inspection Equipment, 

o added a new subtitle in Section 8.4: Acceptance Test Procedures, and 

o removed the reference to the "Specifications for On-Board Diagnostics II Analyzer 

for Use in the Texas Vehicle Emissions Testing Program," dated May I, 2005, from 

Section 8.3.4: OBD Inspection Equipment; 

• in Chapter 9: Quality Control, 

o reorganized content and added language modifYing the reference to the inspection 

equipment specifications in Section 9.1: Overview, and 

o reorganized content in Section 9.2: Equipment Calibration and Maintenance and 

Section 9.3: Document Security; 

• in Chapter II: Motorist Compliance Enforcement, 

o added new subtitles with reorganized content in Section 11.1: General, Section 11.2: 

Re-registration Denial, and Section 11.4: Additional Enforcement Activities, and 

ES-2 
o added new subtitle with reorganized content and added language modifying the 

reference to the inspection equipment specifications in Section 11.3: Sticker-Based 

Enforcement; 

• in the List of Commonly Used Terms, 

o added candidate analyzer, non-programmatic changes, and Texas Department of 

Motor vehicles, 

o removed extended Dallas-Fort Worth program area, state implementation plan, 

and Texas Department of Transportation, and 

o modified acceleration simulation mode, Dallas-Fort Worth program area, gas cap 

integrity inspection, and low-volume emissions inspection station; 

• removed the reference to the "Specifications for On-Board Diagnostics II Analyzer for 

Use in the Texas Vehicle Emissions Testing Program," dated May I, 2005, and the 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program," dated May I, 2005, from the list of appendices; 

• added a List of Acronyms; and 

• added a List of Attachments. 

This liM SIP revision also includes various non-substantive changes in each chapter to apply 

appropriate and consistent use of acronyms, section references, structure, formatting, and certain 

terminology. 

ES-3 
SECTION V: LEGAL AUTHORITY 

A. General 

The Texas Commission on Environmental Quality (TCEQ) has the legal authority to implement, 

maintain, and enforce the National Ambient Air Quality Standards (NAAQS) and to control the 

quality of the state's air, including maintaining adequate visibility. 

The first air pollution control act, known as the Clean Air Act of Texas, was passed by the Texas 

Legislature in 1965. In 1967, the Clean Air Act of Texas was superseded by a more 

comprehensive statute, the Texas Clean Air Act (TCAA), found in Article 4477-5, Vernon's 

Texas Civil Statutes. The Texas Legislature amended the TCAA in 1969, 1971, 1973, 1979, 

1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999,2001,2003,2005,2007, and 2009. In 1989, the 

TCAA was codified as Chapter 382 of the Texas Health and Safety Code. 

Originally, the TCAA stated that the Texas Air Control Board (TACB) is the state air pollution 

control agency and is principal authority in the state on matters relating to the quality of air 

resources. In 1991, the Texas Legislature abolished the TACB effective September I, 1993, and 

its powers, duties, responsibilities, and functions were transferred to the Texas Natural Resource 

Conservation Commission (TNRCC). With the creation of the TNRCC, the authority over air 

quality is found in both the Texas Water Code (TWC) and the TCAA. Specifically, the authority 

of the TNRCC is found in TWC, Chapters 5 and 7. TWC, Chapter 5, Subchapters A- F, H- J, 

and L, include the general provisions, organization, and general powers and duties of the 

TNRCC, and the responsibilities and authority of the executive director. This chapter also 

authorizes the TNRCC to implement action when emergency conditions arise, and to conduct 

hearings. TWC, Chapter 7 gives the TNRCC enforcement authority. In 2001, the 77th Texas 

Legislature continued the existence of the TNRCC until September I, 2013, and changed the 

name of the TNRCC to the Texas Commission on Environmental Quality (TCEQ). In 2009, the 

8lst Texas Legislature, during a special session, amended §5.014 of the TWC, changing the 

expiration date of the TCEQ to September I, 2011, unless continued in existence by the Texas 

Sunset Act. 

The TCAA specifically authorizes the TCEQ to establish the level of quality to be maintained in 

the state's air and to control the quality of the state's air by preparing and developing a general, 

comprehensive plan. The TCAA, Subchapters A - D, also authorize the TCEQ to collect 

information to enable the commission to develop an inventory of emissions; to conduct research 

and investigations; to enter property and examine records; to prescribe monitoring requirements; 

to institute enforcement proceedings; to enter into contracts and execute instruments; to formulate 

rules; to issue orders taking into consideration factors bearing upon health, welfare, social and 

economic factors, and practicability and reasonableness; to conduct hearings; to establish air 

quality control regions; to encourage cooperation with citizens' groups and other agencies and 

political subdivisions of the state as well as with industries and the federal government; and to 

establish and operate a system of permits for construction or modification of facilities. 

Local government authority is found in Subchapter E of the TCAA. Local governments have the 

same power as the TCEQ to enter property and make inspections. They also may make 

recommendations to the commission concerning any action of the TCEQ that affects their 

territorial jurisdiction, may bring enforcement actions, and may execute cooperative agreements 

with the TCEQ or other local governments. In addition, a city or town may enact and enforce 

ordinances for the control and abatement of air pollution not inconsistent with the provisions of 

the TCAA and the rules or orders of the commission. 

Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and 

maintenance programs in certain areas of the state, consistent with the requirements of the federal 

Clean Air Act; coordinate with federal, state, and local transportation planning agencies to 

develop and implement transportation programs and measures necessary to attain and maintain 

the NAAQS; establish gasoline volatility and low emission diesel standards; and fund and 
authorize participating counties to implement vehicle repair assistance, retrofit, and accelerated 

vehicle retirement programs. 

B. Applicable Law 

The following statutes and rules provide necessary authority to adopt and implement the State 

Implementation Plan (SIP). The rules listed below have previously been submitted as part of the 

SIP. 

Statutes 

All sections of each subchapter are included, unless otherwise noted. 

TEXAS HEALTH and SAFETY CODE, Chapter 3 82 

TEXAS WATER CODE 

Chapter 5: Texas Natural Resource Conservation Commission 

Subchapter A: General Provisions 

September I, 2009 

September I, 2009 

Subchapter B: Organization of the Texas Natural Resource Conservation Commission 

Subchapter C: Texas Natural Resource Conservation Commission 

Subchapter D: General Powers and Duties of the Commission 

Subchapter E: Administrative Provisions for Commission 

Subchapter F: Executive Director (except §§5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and 

Subchapter H: 

Subchapter 1: 

Subchapter J: 

5.236) 

Delegation of Hearings 

Judicial Review 

Consolidated Permit Processing 

Subchapter L: 

Subchapter M: 

Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only) 

Environmental Permitting Procedures ( § 5.5 58 only) 

Chapter 7: Enforcement 

Subchapter A: General Provisions (§§7.001, 7.002, 7.00251, 7.0025, 7.004, and 7.005 only) 

Subchapter B: Corrective Action and Injunctive Relief (§7.032 only) 

Subchapter C: Administrative Penalties 

Subchapter D: Civil Penalties (except §7.109) 

Subchapter E: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 

Rules 

All of the following rules are found in Title 30, Texas Administrative Code, as of the following 

effective dates: 

Chapter 7: Memoranda of Understanding, §7.110 and §7.119 

December 13, 1996 and May 2, 2002 

Chapter 19: Electronic Reporting 

Chapter 35, Subchapters A-C, K: Emergency and Temporary Orders and 

Permits; Temporary Suspension or Amendment of Permit Conditions 

Chapter 39: Public Notice, §§39.201; 39.401; 39.403(a) and (bX8)-(IO); 

39.405(f)(l) and (g); 39.409; 39.411 (a), (bXI)-(6) and (8)-(10), (cXI)-(6), 

and (d); 39.413(9), (II), (12), and (14); 39.418(a) and (b)(3) 

and (4); 39.419(a), (b), (d), and (e); 39.420(a), (b) and (cX3) and (4); 

March I, 2007 

July 20, 2006 

39.423 (a) and (b); 39.601-39.605 September 23, 1999 and March 29,2006 

ii 
Chapter 55: Requests for Reconsideration and Contested Case Hearings; 

Public Comment, §§55.1; 55.2l(a)-(d), (eX2), (3), and (12), (f), and 

(g); 55.10l(a), (b), and (c)(6)-(8); 55.103; 55.150; 55.152(a)(l), (2), 

and (6) and (b); 55.154; 55.156; 55.200; 55.20l(a)-(h); 55.203; 

55.205; 55.209, and 55.211 

October 20, 1999, December 27, 2001, August 29, 2002, July 5, 2006, 

July I 0, 2008, and March 12, 2009 

Chapter I 0 I: General Air Quality Rules 

Chapter I 06: Permits by Rule, Subchapter A 

Chapter I II: Control of Air Pollution from Visible Emissions and 

Particulate Matter 

Chapter 112: Control of Air Pollution from Sulfur Compounds 

Chapter I 13: Standards of Performance for Hazardous Air Pollutants 

and for Designated Facilities and Pollutants 

June 24, 2010 

September 3, 2009 

July 19, 2006 

July 12,2001 

May 14,2009 

Chapter 114: Control of Air Pollution from Motor Vehicles March 21,2010 

Chapter 115: Control of Air Pollution from Volatile Organic Compounds June 24,2010 

Chapter 116: Permits for New Construction or Modification June 24, 2010 

Chapter 117: Control of Air Pollution from Nitrogen Compounds February 4, 2010 

Chapter 118: Control of Air Pollution Episodes May 14,2004 

Chapter 122: § 122.122: Potentialto Emit December II, 2002 

Chapter 122: § 122.215: Minor Permit Revisions June 3, 2001 

Chapter 122: § 122. 216: Applications for Minor Permit Revisions June 3, 2001 

Chapter 122: § 122.217: Procedures for Minor Permit Revisions December II, 2002 

Chapter 122: § 122.218: Minor Permit Revision Procedures for Permit 

Revisions Involving the Use of Economic Incentives, Marketable 

Permits, and Emissions Trading 

iii 

June 3, 2001 
SECTION VI. CONTROL STRATEGY 

A. Introduction (No change) 

B. Ozone (No change) 

I. Dallas-Fort Worth (No change) 

2. Houston-Galveston-Brazoria (No change) 

3. Beaumont-Port Arthur (No change) 

4. El Paso (No change) 

5. Regional Strategies (No change) 

6. Northeast Texas (No change) 

7. A us tin Area (No change) 

8. San Antonio Area (No change) 

9. Victoria Area (No change) 

C. Particulate Matter (No change) 

D. Carbon Monoxide (No change) 

E. Lead (No change) 

F. Oxides of Nitrogen (No change) 

G. Sulfur Dioxide (No change) 

H. Conformity with the National Ambient Air Quality Standards (No change) 

I. Site Specific (No change) 

J. Mobile Sources Strategies (Revised) 

I. Inspection/Maintenance - (Revised) 

2. Transportation Control Measures (No change) 

3. Vehicle Miles Traveled (No change) 

4. Clean Gasoline (No change) 

K. Clean Air Interstate Rule (No change) 

L. Transport (No change) 

M. Regional Haze (No change) 

iv 
ASM 

BAR 

BPA 

CFR 

co 

DFW 

DPS 

EAC 

EPA 

FCAA 

FTE 

GVWR 

HB 

HC 

H-GAC 

HGB 

11M 

LIRAP 

METT 

mph 

NAAQS 

NCTCOG 

NOx 

OBD 

ppm 

QC 

RPM 

SAE 

SB 

SIP 

TAC 

TACB 

TAS 

TCAA 

TCEQ 

THSC 

TIMS 

TMCP 

TNRCC 

TSI 

TIC 

TTl 

TWC 

TxDMV 

usc 

VID 

YIN 

VIR 

voc 

VRF 

LIST OF ACRONYMS 

Acceleration Simulation Mode 

Bureau of Automotive Repair 

Beaumont-Port Arthur 

Code of Federal Regulations 

Carbon Monoxide 

Dallas-Fort Worth 

Texas Department of Public Safety 

Early Action Compact 

United States Environmental Protection Agency 

Federal Clean Air Act 

Full-Time Equivalent 

Gross Vehicle Weight Rating 

House Bill 

Hydrocarbon 

Houston-Galveston Area Council 

Houston-Galveston-Brazoria 

Inspection and Maintenance 

Low Income Repair and Assistance Program 

Mass Emissions Transient Testing 

miles per hour 

National Ambient Air Quality Standard 

North Central Texas Council of Governments 

Nitrogen Oxides 

On-Board Diagnostics 

parts per million 

Quality Control 

Revolutions per Minute 

Society of Automotive Engineers 

Senate Bill 

State Implementation Plan 

Texas Administrative Code 

Texas Air Control Board 

Vehicle Emissions Testing Analyzer Specifications 

Texas Clean Air Act 

Texas Commission on Environmental Quality (commission) 

Texas Health and Safety Code 

Texas Information Management System 

Texas Motorist's Choice Program 

Texas Natural Resource Conservation Commission 

Two-Speed Idle 

Texas Transportation Code 

Texas Transportation Institute 

Texas Water Code 

Texas Department of Motor Vehicles 

United States Code 

Vehicle Identification Database 

Vehicle Identification Number 

Vehicle Inspection Report 

Volatile Organic Compound 

Vehicle Repair F onn 

v 
LIST OF COMMONLY USED TERMS 

Acceleration Simulated Mode (ASM) Inspection 

An emissions inspection using a dynamometer (a set of rollers on which a test vehicle's tires rest) 

that applies an increasing load or resistance to the drive-train of a vehicle, thereby simulating 

actual tailpipe emissions of. a vehicle as it is moving and accelerating. The ASM vehicle 

emissions inspection is comprised of two phases: (I) the 50/15 mode, where the vehicle is 

inspected on the dynamometer simulating the use of 50 percent of the vehicle's available 

horsepower to accelerate at a rate of 3.3 miles per hour (mph) at a constant speed of 15 mph, and 

(2) the 25/25 mode, where the vehicle is inspected on the dynamometer simulating the use of 25 

percent of the vehicle's available horsepower to accelerate at a rate 3.3 mph at a constant speed of 

25 mph. 

Candidate Analyzer 

Vehicle inspection equipment submitted by the manufacturer to the TCEQ's executive director 

for approval to be used in the vehicle emissions inspection and maintenance (liM) program. 

Dallas-Fort Worth (DFW) Program Area 

In coordination with the commission, the Texas Department of Public Safety (DPS) administers 

the 11M program contained in the Texas 11M state implementation plan (SIP). This program area 

consists of the following counties: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, 

Rockwall, and Tarrant. 

El Paso Program Area 

In coordination with the commission, the DPS administers the vehicle emissions 11M program 

contained in the Texas 11M SIP. This program area consists of El Paso County. 

Emissions Tune-Up 

A basic tune-up along with functional checks and any necessary replacement or repair of 

emissions control components. 

Exhaust Gas Analyzer 

A device used to measure the amount of emission gases in an exhaust sample. 

Fleet Vehicle 

Any motor vehicle operated as a member ·of a group of motor vehicles belonging to a single nonhousehold entity; any state or local government motor vehicle, including a motor vehicle 

exempted from payment of a registration fee and issued a specially designated license plate; or 

any federal government motor vehicle, except for a tactical military vehicle. 

Full-Time Equivalent (FTE) Employee 

In this SIP revision, an FTE is calculated by adding the time each inspector spends on vehicle 

inspections, and dividing by 50 weeks per year. For example, if a station employed 25 

individuals, but each employee only worked on vehicle inspections two weeks worth of time per 

year, this station employed one FTE. 

Gas Cap Integrity Inspection 

A fuel cap inspection that determines whether or not the vehicle's gas cap or gas caps are 

functioning as designed. 

High Emitter 

A vehicle whose measured tailpipe emissions levels exceed recommended testing standards. 

VI 
Houston-Galveston-Brazoria (HGB) Program Area 

In coordination with the commission, the DPS administers the vehicle emissions 11M program 

contained in the Texas 11M SIP. This program area consists of the following counties: Brazoria, 

Fort Bend, Galveston, Harris, and Montgomery. 

11M Program 

A vehicle emissions inspection program as defined by the United States Environmental Protection 

Agency (EPA) that includes, but is not limited to, the use of computerized emissions analyzers, 

on-road testing, on-board diagnostic (OBD) inspections, and/or inspection of vehicle emissions 

devices. 

11M Program Areas 

County or counties where the DPS, in coordination with the commission, administers the vehicle 

emissions 11M program contained in the Texas 11M SIP. 

Low-Volume Emissions Inspection Station 

A vehicle emissions inspection station that meets all criteria for obtaining a low-volume waiver 

from the DPS. 

Minor Non-Programmatic Modifications 

Minor non-programmatic modifications to the analyzer specifications include but are not limited 

to updates to accommodate new technology vehicles, enhancements to the method of collecting 

inspection data, and updates to internal reference tables. Modifications resulting in additional 

costs to vehicle inspection station owners will not be considered minor non-programmatic 

modifications. 

On-Board Diagnostics (OBD) 

The computer system installed in a vehicle by the manufacturer, which monitors the performance 

of the vehicle's emissions control equipment, fuel metering system, and ignition system for the 

purpose of detecting a malfunction or deterioration in performance that would be expected to 

cause the vehicle not to meet emissions standards. 

Two-Speed Idle (TSI) Inspection 

A measurement of the tailpipe exhaust emissions of a vehicle while the vehicle idles, first at a 

lower speed and then again at a higher speed. 

Texas Department of Motor Vehicles 

A state agency created by the 81st Texas Legislature, 2009, Regular Session from divisions 

formerly included in the Texas Department of Transportation. 

Vehicle Emissions Inspection Station 

A facility certified to conduct an emissions inspection for a vehicle and issue a certificate of 

emissions inspection. 

Vehicle Identification Database (VID) 

A database management system that maintains specified vehicle data and emissions inspection 

information. 

Vehicle Inspection Report (VIR) 

The printout created after an emissions inspection that displays inspection results, vehicle 

information, and pass/fail status. 

Vehicle Repair Form (VRF) 

A printout that includes a description of emissions repairs actually performed and emissions 

repairs that were recommended, but not performed. The VRF is the primary document used by 

any motorist seeking a waiver. 

vii 
TABLE OF CONTENTS 

Executive Summary 

List of Acronyms 

List of Commonly Used Terms 

Table of Contents 

List of Appendices 

List of Attachments 

Chapter I: Geneml (Revised) 

1.1 Purpose 

1.2 Background 

1.3 Health Effects 

1.4 Public Hearings Information 

1.5 Social and Economic Considerations 

1.6 Fiscal and Manpower Resources 

Chapter 2: Applicability (Revised) 

2.1 Legal Authority 

2.2 Area Designations 

2.3 Performance Standard 

2.4 Applicable Areas 

2.4.1 Beaumont-Port Arthur 

2.4.2 Dallas-Fort Worth 

2.4.3 Houston-Galveston-Brazoria 

2.4.4 El Paso 

Chapter 3: Inspection and Maintenance Performance Standards (No Revision) 

Chapter 4: Network Type and Program Evaluation (No Revision) 

Chapter 5: Adequate Tools and Resources (No Revision) 

Chapter 6: Test Frequency and Convenience (No Revision) 

Chapter 7: Vehicle Coverage (No Revision) 

Chapter 8: Test Procedures, Standards, and Test Equipment (Revised) 

8.1 General 

8.2 Inspection Process and Standards 

8.3 Inspection Equipment and Required Features 

8.3.1 Geneml Information 

8.3 .2 TSI Inspection Equipment 

8.3.3 ASM Inspection Equipment 

8.3 .4 OBD Inspection Equipment 

8.4 Acceptance Test Procedures 

8.4.1 TSI and ASM Inspection Equipment 

8.4.1.1 Accumcy 

8.4.1.2 Repeatability 

8.4.1.3 Response Time 

8.4.1.4 Interference Effects 

viii 
8.4.1.5 Water Saturated Hot Air 

8.4.1.6 Electromagnetic Isolation and Interference Tests 

8.4.1.7 Dilution 

8.4.1.8 Dual Exhaust Probe System Flow Rate Test 

8.4.2 Dynamometer 

8.4.2.1 Load Cell Verification (if equipped) 

8.4.2.2 Speedometer Verification 

8.4.2.3 Verification of Parasitic Losses 

8.4.2.4 VerifY Coast Down 

8.4.3 Acceptance Test Procedures for OBD Inspection Equipment 

8.5 Inspection Equipment Certification Requirements 

8.6 Detection Methods, Instrument Ranges, Accuracy, and Repeatability 

8. 7 References 

Chapter 9: Quality Control (Revised) 

9.1 Overview 

9.2 Equipment Calibration and Maintenance 

9.3 Document Security 

Chapter I 0: Waivers and Time Extensions (No Revision) 

Chapter II: Motorist Compliance Enforcement (Revised) 

II. I General 

11.2 Re-registration Denial 

11.3 Sticker-Based Enforcement 

11.4 Additional Enforcement Activities 

Chapter 12: Enforcement Program Oversight (No Revision) 

Chapter 13: Quality Assurance (No Revision) 

Chapter 14: Enforcement Against Contractors, Stations, and Inspectors (No Revision) 

Chapter I 5: Data Collection (No Revision) 

Chapter 16: Data Analysis and Reporting (No Revision) 

Chapter 17: Inspector Licensing and Certification (No Revision) 

Chapter 18: Public Information and Consumer Protection (No Revision) 

Chapter 19: Improving Repair Effectiveness (No Revision) 

Chapter 20: Compliance with Recall Notices (No Revision) 

Chapter 21: On-Road Testing (No Revision) 

Chapter 22: State Implementation Plan Submission (No Revision) 

IX 
AlJpendix 

A 

B 

c 

D 

E 

F 

G 

H 

I 

J 

K 

L 

LIST OF APPENDICES 

Appendix Name 

Federal Register Part VII, United States Environmental Protection Agency, 40 

Code of Federal Regulations Part 51, Inspection/Maintenance Program 

Requirements; Final Rule, November 5, 1992, and Flexibility Amendments, 

September 18, 1995 

Texas Health and Safety Code, Subtitle C, Air Quality, Revised 78th Texas 

Legislature, 2003 

House Bill 2134 by 77th Texas Legislature amendment to the Texas Health and 

Safety Code. Chapter 382, Health and Safety Code, was amended by adding 

Subchapter G, and §382.037 to §382.039 Health and Safety Code, were 

transferred to new Subsection G and renumbered as §§382.202- 382.208 

Texas Commission on Environmental Quality (TCEQ) Regulation, 30 Texas 

Administrative Code, Chapter 114, Control of Air Pollution From Motor 

Vehicles, Adopted 

TCEQ Appropriations for Fiscal Years 2004 and 2005. Texas Department of 

Public Safety, Appropriations for Fiscal Years 2004 and 2005. State of Texas, 

Text of Conference Committee Report, House Bill I (General Appropriations 

Act), 78th Legislature, Regular Session 

TCEQ, Request for Offer for the Design, Construction, and Operation of the 

Texas Information Management System (TIMS) for the State of Texas, June 22, 

2001 

Reserved 

Texas Transportation Code, §547.604 and §547.605 and Chapter 548, 

Compulsory Inspection of Vehicles 

Rules and Regulations for Official Vehicle Inspection Stations and Certified 

Inspectors, Texas Department of Public Safety, January I, 2003 

Texas Department of Transportation, Vehicle Titles and Registration Division, 

2000 Summer Research Project Parking Lot Survey Report, March 2003 

Reserved 

Texas Natural Resources Conservation Commission and Texas Department of 

Public Safety Memorandum of Understanding, January 22, 1997 

X 
LIST OF ATTACHMENTS 

Attachment 

A Technical Supplement: Inspection and Maintenance Performance 

Standards for Low-Enhanced Program Areas 

XI 
CHAPTER!: GENERAL 

(Revised) 

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementation plan (SIP) 

revision was used as the basis for this SIP revision, which includes a non-substantive 

reorganization of information, in addition to new information where noted. Language was added 

in this chapter regarding the low-volume emissions inspection station defmition, public hearings, 

and health effects. 

1.1 PURPOSE 

The purpose of this document is to demonstrate that Texas has fulfilled its obligation under 40 

Code of Federal Regulations (CFR) §51.350, Subpart S - Inspection/Maintenance Program 

Requirements, that states 11M programs are required in both ozone and carbon monoxide (CO) 

nonattainment areas depending upon population and attainment classification or design value. 

Ozone, a highly reactive gas, is present both in the Earth's upper atmosphere (the stratosphere) 

and at ground level (the troposphere), and is also a main ingredient of urban smog. Tropospheric 

ozone is an air pollutant that is harmful to breathe and damages crops, trees, and other vegetation. 

The troposphere generally extends to a level about six miles above the Earth's crust, where it 

meets the second layer, the stratosphere. Ozone is formed naturally at high altitudes in the 

stratosphere where it acts beneficially to absorb potentially damaging ultraviolet solar radiation 

before it reaches the Earth's surface. Protection of stratospheric ozone is addressed under Title 

VI of the Federal Clean Air Act (FCAA). 

Tropospheric ozone is usually not directly emitted to atmosphere but is instead produced at 

ground level by chemical reactions between nitrogen oxides (N0x) and volatile organic 

compounds (VOC) in the presence of heat and sunlight. NOx is produced primarily during the 

combustion of fossil fuels, such as gasoline, diesel, natural gas, and coal. Major sources of NOx 

include motor vehicle exhaust, internal combustion engines such as those used in construction 

equipment, natural gas furnaces, and utility and industrial boilers. Anthropogenic emissions of 

VOC include gasoline vapors and industrial and commercial solvents. Additionally, vegetation 

emits significant amounts of biogenic VOC. 

The 11M program reduces hydrocarbon (HC) emissions, some of which are VOC that can react 

with NOx to form ground level ozone and visibility degradation. The 11M program reduces 

emissions of NOx, including nitrogen dioxide and nitric oxide, that can react chemically in the air 

to form nitric acid. NOx reductions are achieved by ensuring automotive emissions standards are 

met through on-board diagnostics (OBD) and acceleration simulation mode (ASM) inspecting or 

a vehicle emissions testing program that meets state implementation plan (SIP) emissions 

reduction requirements and is approved by the United States Environmental Protection Agency 

(EPA) in affected areas of the state. In addition, the 11M program reduces CO emissions, 

although all areas of Texas are monitoring compliance with the 1997 CO National Ambient Air 

Quality Standard (NAAQS). 

1.2 BACKGROUND 

Emissions inspections began in Texas on July I, 1984, with the implementation of an antitampering check and parameter program in Harris County. The program involved an enhanced 

visual inspection of required emissions components and a tailpipe inspection for lead using 

plumtesmo test strips. On January I, 1986, the parameter program was expanded to include El 

Paso County. 

Beginning January 1, 1987, based on federal air quality standards, E1 Paso became the first 

county in Texas to use a vehicle exhaust emissions analyzer to inspect vehicle exhaust emissions. 

A Bureau of Automotive Repair (BAR)-84 low-speed idle four-gas analyzer was used to detect 

1-1 
CO and HC. At the same time, the parameter program expanded to include Dallas and Tarrant 

Counties. On April I, 1990, Dallas and Tarrant Counties began inspecting vehicles for HC and 

CO using BAR-90 low speed idle four-gas analyzers. 

The 73rd Texas Legislature, 1993, passed legislation requiring a loaded-mode 1M 240 centralized 

emissions inspection, and as a result the Texas Department of Public Safety (DPS) ceased 

emissions inspections on December 31, 1994. The centralized emissions inspection program 

administered by the Texas Commission of Environmental Quality (TCEQ) started on January I, 

1995, but was terminated in early February 1995, by the 74th Texas Legislature, 1995. 

Senate Bill (SB) 178, 74th Texas Legislature, 1995, required the TCEQ, in cooperation with the 

DPS, to establish and implement a decentralized vehicle emissions inspection program. The bill 

required the DPS to resume the previous emissions inspection program in Dallas, Tarrant, El 

Paso, Denton, Collin, and Harris Counties until such time that a new decentralized emissions 

program could be developed. On July I, 1995, the DPS resumed the previous emissions 

inspection program in these counties. SB 178 also required the governor to adopt a new vehicle 

emissions inspection program after negotiating with the EPA. Based on modeling by the TCEQ 

and input by the DPS, the governor announced the details of the decentralized Texas Motorist's 

Choice Program (TMCP) in November 1995. 

As the TMCP was being developed, the EPA finalized the 11M Flexibility Amendments on 

November 28, 1995. States were allowed flexibility in designing an 11M program that would 

meet one of the three program standards: a basic, low-enhanced, or high-enhanced performance 

standard. The rule also allowed nonattainment areas with an urbanized area of less than 200,000 

people to opt out of the vehicle emissions testing program if the area could meet other FCAA 

requirements. In addition, the rule allowed states to authorize low-income time extensions more 

than once in the lire of a vehicle and allowed some emissions-related repairs, performed 60 days 

or less prior to an initial emissions inspection failure, to be allowed in calculating costs for 

minimum expenditure waivers. 

On July I, 1996, the frrst component of the TCMP began in Dallas and Tarrant Counties. The 

first component of the program involved software upgrades to accommodate real-time 

communication with a vehicle inspection database. The full TCMP began in Dallas and Tarrant 

Counties on October I, 1996. The program involved a low-speed and high-speed idle inspection 

known as two-speed idle (TSI), enhanced hardware and software, gas cap leak check, recognized 

emissions repair facilities, dial-up database verification of inspection history, and automated 

recording of safety inspections. On January I, 1997, the TMCP expanded to include Harris and 

El Paso Counties. 

In order to increase the emissions reductions for the 11M program, beginning May I, 2002, Texas 

transitioned to a low-enhanced program using OBD inspections for 1996 and newer model-year 

vehicles, and ASM inspections for pre-1996 model-year vehicles in Collin, Dallas, Denton, 

Tarrant Counties in the Dallas-Fort Worth (DFW) area and Harris County in the HoustonGalveston-Brazoria (HGB) area On May I, 2003, the program was expanded to include Ellis, 

Johnson, Kaufman, Parker, and Rockwall Counties in the DFW area and Brazoria, Fort Bend, 

Galveston, and Montgomery Counties in the HGB area. 

On January I, 2007, El Paso County transitioned to a low-enhanced program using OBD 

inspections for 1996 and newer model-year vehicles and continued TSI inspections on pre-1996 

model-year vehicles. Additionally, all vehicle emissions inspection stations in the El Paso area 

are required to offer both TSI and OBD inspections. 

Beginning December 31, 20 I 0, the vehicle emissions inspection limit for low-volume emissions 

inspection stations changes to comply with tbe requirements of Section I of House Bill (HB) 715, 

8lst Texas Legislature, 2009, Regular Session. The vehicle emissions inspection limit for 

stations that only offer emissions inspections on 1996 and newer model-year vehicles has been a 

1-2 
component of the 1/M program in the DFW and HGB areas since 2002. Currently, low-volume 

emissions inspection stations may perform up to 1,200 OBD inspections per year. Section I of 

HB 715 revised Texas Transportation Code, §548.3075 to prevent the DPS from restricting lowvolume emissions inspection stations to fewer than !50 OBD inspections per month. 

1.3 HEALTH EFFECTS 

In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. To 

support the 1997 eight-hour ozone standard, the EPA provided information indicating that health 

effects can occur at levels lower than the previous standard and at exposure times longer than one 

hour. High concentrations of one-hour ozone were not shown to correlate well with mortality. 

Exposure to ambient ozone can aggravate asthma in some people. Repeated exposures to ozone 

can make people more susceptible to respiratory infection and lung inflammation and can 

aggravate preexisting respiratory diseases, such as bronchitis and emphysema. 

Ground level ozone is an irritant to the lungs that can impact children, older citizens, and others 

that may have decreased lung capacity. Children are at a relatively higher risk from exposure to 

ozone when compared to aduhs, since they breathe more air per pound of body weight than adults 

and because children's respiratory systems are still developing. Children also spend a 

considerable amount of time outdoors during summer and during the start of the school year 

(August - October) when high ozone levels are typically recorded. Adults most at risk to ozone 

exposure are people working or exercising outdoors and individuals with preexisting respiratory 

diseases. 

The current one- and eight-hour CO NAAQS are currently under review by the EPA. Carbon 

monoxide binds to blood hemoglobin, which decreases the oxygen-carrying capacity of the blood. 

This condition can aggravate underlying cardiovascular conditions and can decrease exercise 

tolerance in persons with cardiovascular problems. Individuals with angina and coronary heart 

disease are particularly susceptible to CO toxicity. Other populations at potential risk are 

individuals with pre-existing respiratory diseases, e.g., chronic obstructive pubnonary disease 

(COPD), anemia, or diabetes. Also, infants, fetuses, and the elderly are particularly susceptible to 

CO poisoning. Some emissions from motor vehicles include VOC such as benzene, 

formaldehyde, and I ,3-butadiene, which are air toxins that may cause cancer and have other 

adverse health effects. 

1.4 PUBUC HEARINGS INFORMATION 

The commission offered public hearings on the proposed 11M SIP revision and associated 

rulemaking at the following times and locations: 

CITY DATE TIME LOCATION 

Fort Worth July 20, 20 I 0 2:00p.m. Texas Commission on Environmental Quality 

2309 Gravel Road 

Austin July 21,2010 10:00 a.m. Texas Commission on Environmental Quality 

12100 Park 35 Circle 

Building E Room 20 IS 

Houston July 22,2010 3:00p.m. Houston-Galveston Area Council 

3555 Timmons Lane 

Conference Room A 

The hearings were not officially opened because no party indicated a desire to give comment. 

The comment period opened on June 18, 2010, and closed on July 26, 2010. Written comments 

were accepted via mail, fax, or through the TCEQ eComments system. One written comment 

was received from the EPA. A summary of the EPA's comments and TCEQ's response are 

included as part of this 11M SIP revision. 

1-3 
Copies of the adopted SIP revision and all appendices can be obtained from the TCEQ's Web site 

at http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html. 

1.5 SOCIAL AND ECONOMIC CONSIDERATIONS 

For a detailed explanation of the social and economic issues involved, please refer to the 

preamble that precedes the proposed rule package accompanying this SIP revision. 

1.6 FISCAL AND MANPOWER RESOURCES 

The TCEQ has determined that its fiscal and manpower resources are adequate and will not be 

adversely affected through implementation of this plan. 

1-4 
CHAPTER 2: APPLICABILITY 

(Rt!Vised) 

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementation plan (SIP) 

revision was used as the basis for this SIP revision, which includes a non-substantive 

reorganization of information, in addition to new information where noted. The definition of the 

low-volume emissions inspection station in this chapter was modified to comply with the 

requirements of House Bill 715, 8lst Texas Legislature, 2009, Regular Session, and language was 

added regarding nonattainment area designations and classifications. 

2.1 LEGAL AUTHORITY 

The legal authority for the commission and the Texas Department of Public Safety (DPS) to 

implement the 11M program is granted by the Texas Health and Safety Code, §§382.202 -

382.208, and the Texas Transportation Code, Chapters 502 and 548. This authority is not limited 

by Sunset provisions. 

2.2 AREA DESIGNATIONS 

The Federal Clean Air Act (FCAA) and 40 Code of Federal Regulations (CFR), Part 51, as 

amended, require an enhanced vehicle emissions inspection program in owne nonattainment 

areas classified as serious, severe, or extreme nonattainment, or in carbon monoxide (CO) 

nonattainment areas classified moderate or serious. Official designations can be found at 40 

CFR, Part 81. Maintenance plans to prevent anti-backsliding would be developed to ensure 

continued attainment with the owne and CO National Ambient Air Quality Standards (NAAQS) 

when an nonattainment area is subsequently reclassified as an attainment area. 

2.3 PERFORMANCE STANDARD 

40 CFR §51.351 allows areas that can meet the reasonable further progress requirements with a 

less stringent 11M program to develop a program that is more responsive to motorists' concerns. 

Texas elected to implement a low-enhanced 11M program in each area that would meet or exceed 

the United States Environmental Protection Agency's (EPA) low-enhanced performance 

standard. The EPA's low-enhanced performance standard consists of annual centralized or 

decentralized two-speed idle (TSI) inspections, and visual inspections of emissions control 

devices for all subject light-duty vehicles and trucks up to 8,500 pounds gross vehicle weight 

rating (GVWR). Additional credit may be given for acceleration simulation mode (ASM) 

inspections, on-board diagnostics (OBD) inspections, remote sensing, and a technician training 

and certification program. In addition, OBD inspections are required by FCAA, § 182(c)(3Xvii) 

and §202(m)(3), in addition to 40 CFRParts 51 and 85. 

2.4 APPLICABLE AREAS 

2.4.1 Beaumont-Port Arthur 

Under the one-hour ozone NAAQS, Beaumont-Port Arthur (BPA) was classified as a serious 

ozone nonattainment area with an urbanized population of Jess than 200,000. Under the 1997 

eight-hour owne NAAQS, BPA was classified as a marginal ozone nonattainment area, and then 

reclassified as a moderate ozone nonattainment area, with an urbanized population of less than 

200,000. The EPA's 11M flexibility amendments dated September 16, 1995, allow areas with an 

urbanized population of less than 200,000 to demonstrate a plan to reduce air pollution without 

using a vehicle emissions inspection program. The BPA area continues to meet this criterion, so 

no vehicle emissions inspection program has been required. 

2.4.2 Dallas-Fort Worth 

Under the one-hour ozone NAAQS, Dallas-Fort Worth (DFW) was classified as a serious owne 

nonattainment area. Under the 1997 eight-hour ozone NAAQS, DFW was classified as a 

2-1 
moderate ozone nonattainment area. The EPA proposed to reclassify DFW as a serious ozone 

nonattainment area on August 9, 20 I 0. 

On May I, 2002, Collin, Dallas, Denton, and Tarrant Counties in the Dallas-Fort Worth (DFW) 

area transitioned from an 11M program using TSI inspections to a low-enhanced 11M program 

consisting of OBD inspections for 1996 and newer model-year vehicles and ASM inspections for 

pre-1996 model-year vehicles. The low-enhanced 11M program expanded on May I, 2003, to 

include Ellis, Johnson, Kaufman, Parker, and Rockwall Counties in the DFW area. 

All vehicle emissions inspection stations in the DFW 11M program area are required to offer both 

ASM and OBD inspections to the public, except low-volume emissions inspection stations which 

are only required to offer OBD inspections. A low-volume emissions inspection station is a 

vehicle emissions inspection station that has met all criteria for obtaining a low-volume waiver 

from the DPS. 

2.4.3 Houston-Galveston-Brazoria 

Under the one-hour ozone NAAQS, Houston-Galveston-Brazoria (HGB) was classified as a 

severe-17 ozone nonattainment area. Under the 1997 eight-hour ozone NAAQS, HGB was 

classified as a moderate ozone nonattainment area and then reclassified as a severe ozone 

nonattainment area. 

On May I, 2002, Harris County in the Houston-Galveston-Brazoria (HGB) area transitioned from 

an 11M program using TSI inspections to a low-enhanced 11M program consisting of OBD 

inspections for 1996 and newer model-year vehicles and ASM inspections for pre-1996 modelyear vehicles. The low-enhanced 11M program expanded on May I, 2003, to include Brazoria, 

Fort Bend, Galveston, and Montgomery Counties in the HGB area. 

All vehicle emissions inspection stations in the HGB 11M program areas are required to offer both 

ASM and OBD inspections to the public, except low-volume emissions inspection stations which 

are only required to offer OBD inspections. A low-volume emissions inspection station is a 

vehicle emissions inspection station that has met all criteria for obtaining a low-volume waiver 

from the DPS. 

2.4.4 El Paso 

Under the one-hour ozone NAAQS, El Paso was classified as a serious ozone nonattainment area. 

Under the 1997 eight-hour ozone NAAQS, El Paso was classified as an ozone attainment area. 

Under the eight-hour CO NAAQS, El Paso was classified as a moderate CO nonattainment area 

and reclassified as a CO attainment area in the August 4, 2008, issue of the Federal Register (73 

FR 45162). 

On January I, 2007, El Paso County continued emissions inspections on pre-1996 model-year 

gasoline-powered motor vehicles using TSI inspections and began emissions inspections on all 

1996 and newer model-year vehicles using OBD inspections. Additionally, all vehicle emissions 

inspection stations in the El Paso area are required to offer both TSI and OBD inspections. 

2-2 
CHAPTER 3: INSPECTION AND MAINTENANCE PERFORMANCE STANDARDS 

(No Re~~ision) 

3-1 
CHAPTER 4: NETWORK TYPE AND PROGRAM EVALUATION 

(No Revision) 

4-1 
CHAPTER 5: ADEQUATE TOOLS AND RESOURCES 

(No Revision) 

5-1 
CHAPTER 6: TEST FREQUENCY AND CONVENIENCE 

(No Revision) 

6-1 
CHAPTER7: VEEUCLECOVERAGE 

(No Revision) 

7-1 
CHAPTER 8: TEST PROCEDURES, STANDARDS, AND TEST EQUIPMENT 

(Revised) 

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementation plan (SIP) 

revision was used as the basis for this SIP revision, which includes a non-substantive 

reorganization of information, in addition to new information where noted. 

The references to the "Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the 

Texas Vehicle Emissions Testing Program" in this chapter were modified to indicate the new 

location of the specifications, which were formerly included as an appendix to the 11M SIP. In 

addition, the "Specifications for On-Board Diagnostics ll Analyzer for Use in the Texas Vehicle 

Emissions Testing Program" were removed as an appendix to the 11M SIP and its corresponding 

references in this chapter were modified to indicate the new location. The specifications for onboard diagnostics (OBD)-only vehicle inspection analyzers are no longer needed because the 

requirements are duplicated in the "Specifications for Vehicle Exhaust Gas Analyzer Systems for 

Use in the Texas Vehicle Emissions Testing Program." Language regarding acceptance test 

procedures, required features, certification requirements for the inspection equipment was added 

in this chapter to satisfY the requirements .of 40 Code of Federal Regulations (CFR) §51.358(c). 

8.1 GENERAL 

This chapter identifies the requirements contained in 40 CFR §51.358 Test Equipment, (c), SIP 

Requirements, which indicates that the SIP must include written technical specifications for all 

inspection equipment used in the program and that the specifications must describe the inspection 

process, the necessary inspection equipment, the required features, and written acceptance testing 

procedures. 

8.2 INSPECTION PROCESS AND STANDARDS 

Owners of all subject gasoline-powered vehicles that are two through 24 years old that are 

annually inspected through the Texas Department of Public Safety (DPS) certified safety 

inspection stations are required to have an applicable emissions inspection performed. Vehicles 

less than two years or greater than 24 years old are exempt from the 11M program requirements. 

Texas implemented annual vehicle emissions inspections in: 

• Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant Counties 

in the Dallas-Fort Worth (DFW) area; 

• Brazoria, Fort Bend, Galveston, Harris, and Montgomery Counties in the HoustonGalveston-Brazoria (HGB) area; and 

• El Paso County in the El Paso area. 

An acceleration simulation mode (ASM), two-speed idle (TSI), or OBD inspection, and a gas cap 

integrity inspection are performed on all subject vehicles as part of the annual safety and 

emissions inspection. In addition, as a part of the annual safety and emissions inspection, 

vehicles are subject to anti-tampering checks including: 

• the exhaust gas recirculation system; 

• the evaporative emissions control system; 

• the positive crankcase ventilation system; 

• the thermostatic air cleaner; 

• the air injection system; and 

• the catalytic converter for selected model-years. 

Evaporative system purge testing is not performed in the 11M program. Unsafe vehicles or 

vehicles with missing or leaky exhausts that are presented for emissions inspections are rejected. 

8-1 
OBD inspections for 1996 and newer model-year vehicles and ASM inspections for pre-1996 

model-year vehicles began on May I, 2002, in Collin, Dallas, Denton, Tarrant Counties in the 

DFW area and Harris County in the HGB area. On May I, 2003, these inspection requirements 

were expanded to include Ellis, Johnson, Kaufman, Parker, and Rockwall Counties in the DFW 

area and Brazoria, Fort Bend, Galveston, and Montgomery Counties in the HGB area. 

On January I, 2007, El Paso County continued emissions inspections on pre-1996 model-year 

vehicles using TSI and began emissions inspections on all 1996 and newer model-year vehicles 

using OBD inspections. 

The vehicle emissions inspection begins when the vehicle identification number, license plate, 

make, model, model-year, and other relevant vehicle information have been entered into the 

inspection analyzer. Pre-existing data, based on the registration database and the prior vehicle 

emissions inspection history of the subject vehicle, are retrieved. The inspector confirms the 

vehicle information from the vehicle identification database (VID) with the subject vehicle 

presented for emissions inspection. If no match or contact occurs with the VID, the inspector 

manually enters the vehicle information into the vehicle emissions inspection analyzer. All 

emissions inspection results are electronically sent via modem to the Texas Information 

Management System host computer immediately following the completion of each inspection. A 

copy of the inspection results can be obtained from any inspection station within 13 months of the 

inspection. All emissions inspection results are accessible to the Texas Commission on 

Environmental Quality (TCEQ) and the DPS. 

An official inspection, once initiated, is performed in its entirety regardless of the intermediate 

outcomes, except in cases of invalid inspection conditions, unsafe conditions, or fast pass/fail 

algorithms. Inspections involving measurements are performed with program-approved 

equipment that has been calibrated. Emissions standards are applicable to all vehicles subject to 

the 11M program and repairs are required for failure of any standard. The commission may adjust 

standards as necessary to maintain a passing rate of at least 80 percent. If a vehicle fails the 

emissions inspection, the vehicle is to be reinspected for all pollutants. A second failure of any 

pollutant level results in a second failure of the vehicle. Vehicles will fail visual inspections of 

subject emissions control devices if such devices are part of the original certified configumtion 

and are found to be missing, modified, disconnected, improperly connected, or found to be 

incorrect for the certified vehicle configumtion under inspection. 

30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor 

Vehicles, outlines requirements for engine replacement, removal and installation of emissions 

control components, and tampering. Additionally, the DPS Administrative Rule 37 TAC §23.93, 

Vehicle Emissions Inspection Requirements, gives guidance on engine switching. The DPS is 

responsible for enforcing engine switching and vehicle tampering requirements. 

The DPS uses remote sensing to identify high-emitting vehicles operating in the DFW, HGB, and 

El Paso program areas. Remote sensing may also be used as a quality assurance tool for 

randomly selected or suspect vehicle emissions facilities. Remote sensing screening is conducted 

according to reliable engineering practices to assure the accumcy of the inspection. 

8.3 INSPECTION EQUIPMENT AND REQUIRED FEATURES 

8.3.1 General Information 

All equipment must meet acceptance testing criteria and receive a notice of approval from the 

TCEQ's executive director or designee prior to use in the Texas 11M program. Emissions 

inspection equipment has the capability to simultaneously sample dual-exhaust vehicles. In 

addition, all vehicle emissions inspection analyzers contain lock-out provisions for equipment 

tampering, equipment failure to conduct or pass calibmtion or leak checks, prevention of 

unauthorized access, and provide for automatic data collection that cannot be altered by the 

emissions inspection facility. 

8-2 
All emissions inspection equipment is incorporated with gas cap integrity inspection equipment. 

The gas cap integrity inspection equipment meets the specifications and procedures required by 

the United States Environmental Protection Agency (EPA). In addition, all emissions inspection 

equipment is required to include a laser printer, a two-dimensional bar code scanner, and a 

mechanism for sending and receiving inspection data. 

The commission may update emissions inspection equipment specifications to accommodate new 

technology vehicles and changes to the liM program as necessary to meet the criteria specified in 

this section. 

8.3.2 TSI Inspeetion Equipment 

The TSI emissions inspection equipment consists of a computerized exhaust gas analyzer. The 

TSI inspection comprises two phases: (I) a high speed inspection where the vehicle engine speed 

is between 2,200 and 2,800 revolutions per minute (RPM); and (2) an inspection at idle where the 

vehicle engine speed is between 350 and 1,200 RPM. Steady-state idle inspection procedures are 

conducted according to 40 CFR Part 51, Appendix B to SubpartS- Test Procedures and steadystate idle inspection equipment specifications consistent with 40 CFR Part 51, Appendix D to 

Subpart S- Steady State Short Test Equipment. The most recent version of specifications for TSI 

equipment is available at the TCEQ's central office or at 

htto://www. tceq .state.tx. us/assets/public/imolementation/ air/ms/IM/txvehanlsoecs.pdf. Vehicle 

emissions cut-points used for the TSI inspections are located in Appendix A of the TCEQ's 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program." 

8.3.3 ASM Inspection Equipment 

ASM inspection equipment consists of a computerized exhaust gas analyzer and a dynamometer. 

A dynamometer is a set of rollers used to simulate acceleration by applying resistance or 

increasing load to the drive wheels of the vehicle. In addition, ASM inspection equipment is 

required to include an augmented braking feature in the dynamometer and a driver's aid that 

displays the status of the ASM equipment and inspection criteria including the required speed, 

actual vehicle speed and engine RPM, and number of seconds elapsed during the inspection. 

The ASM vehicle emissions inspection comprises two phases: (I) the 50115 mode, where the 

vehicle is inspected on the dynamometer simulating the use of 50 percent of the vehicle's 

available horsepower to accelerate at a rate of 3.3 miles per hour (mph)/second at a constant 

speed of 15 mph; and (2) the 25/25 mode, where the vehicle is inspected on the dynamometer 

simulating the use of 25 percent of the vehicle's available horsepower to accelerate at a rate 3.3 

mph/second at a constant speed of 25 mph. Applicable vehicles that cannot undergo an ASM 

inspection such as, but not limited to, vehicles that exceed 8,500 pounds gross vehicle weight 

rating or that are all-wheel drive, will receive a TSI inspection. The most recent version of 

specifications for ASM equipment is available at the TCEQ's central office or at 

ht!Jl://www.tceq.state.tx.us/assets/public/implementationlair/ms/IM/txvehanlspecs.pdf. Vehicle 

emissions cut-points used for ASM inspections are located in Appendix S of the TCEQ's 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program." 

8.3.4 OBD Inspection Equipment 

OBD inspection equipment design and operation meets all federal requirements contained in 40 

CFR §§85.2207- 85.2231 and recommended practices contained in the Jl962, J\978, and J\979 

published by the Society of Automotive Engineers (SAE). The OBD inspection equipment is 

tethered to the emissions analyzer. The most recent version of specifications for OBD equipment 

is available at the TCEQ's central office or at 

htto:llwww.tceq.state.tx.us/assets/public/implementation/air/ms!IM/txvehanlsoecs.pdf. 

8-3 
8.4 ACCEPTANCE TEST PROCEDURES 

8.4.1 TSI and ASM Inspection Equipment 

The acceptance test procedures contained in this section apply to the exhaust gas analyzer 

component of the TSI and ASM inspection equipment. Inspection equipment seeking approval 

from the executive director will be referred to in this section as the candidate analyzer. The 

acceptance criteria for each test procedure is contained in the EPA's guidance document, 

"Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control 

Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable update to this 

document. 

8.4.1.1 Accuracy 

The accuracy test described in this section confirms the ability of the candidate analyzer to read 

various concentrations of gases within acceptable tolerances. The accuracy test compares the 

response of the instrument within the candidate analyzer with that of standard instruments and 

estimates the uncertainty of the readings. 

The candidate analyzer must be calibrated first using zero gas and then calibrated using the high 

range calibration gas specified in the EPA's guidance document, "Acceleration Simulation Mode 

Test Procedures, Emissions Standards, Quality Control Requirements, and Equipment 

Specifications" (EPA, 2004) or EPA's applicable update to this document. The instrument within 

the candidate analyzer must be tested using propane as the surrogate for hydrocarbons (HC), 

carbon monoxide (CO), carbon dioxide (C02), and nitric oxide (NO) with a certified accuracy of 

+I- I percent in the following concentrations: 0 percent, I 0 percent, 20 percent, 30 percent, 40 

percent, 50 percent, 60 percent, 70 percent, 80 percent, and 90 percent of full scale for the 

analyzers. Full scale is defined as at least 9,999 parts per million (ppm) HC as hexane, 14.00 

percent CO, 18.0 percent C02, 5,000 ppm NO, and 25.0 percent oxygen (02). The accuracy test 

is performing by completing the following sequence of steps. 

I) Introduce the gases in ascending order of concentrations beginning with the zero gas. 

Record the readings of the standard instruments and the candidate analyzer for each 

concentration value. 

2) After the highest concentration has been introduced and recorded, introduce the same 

gases to the standard instruments and the candidate analyzer in descending order, 

including the zero gas. Record the readings of the candidate analyzer for each gas, 

including negatives. 

3) Repeat steps one and two four more times for the candidate analyzer, which means that 

the candidate analyzer will have conducted this sequence a total of five times. 

4) Use the following sequence of steps to complete the accuracy test calculations that will 

determine the uncertainty of the candidate analyzer. 

(i) Calculate the average value of each concentration for the readings of the standard 

instruments. 

(ii) Calculate the mean and standard deviation of each candidate analyzer's readings for 

each concentration. Include both upscale and downscale readings for the same gas 

concentration. All calculations may not be possible for zero concentrations. 

(iii) For each concentration, calculate the difference between the mean and the standard 

average of the candidate analyzer. 

(iv) For each concentration, compute theY 1 and Y2 using the following formula. 

8-4 
Where: 

K,., : Standard deviation • 3.5 for zero and the highest 

concentration value 

K,d2 Standard deviation • 2.5 for all other concentration values 

x Mean (arithmetic average) of the set of candidate analyzer 

readings 

(v) Compute the uncertainty (U1 and U2) of the calibration curve for each concentration 

using the following formula and the Y1 and Y2 values computed in step (iv). 

(a) U 1 : Concentration value- Y1 

(b) U2 : Concentration value- Y2 

Acceptance Criteria: 

I) For each concentration, the differences calculated in Step (iii) must not be greater than 

the accuracy tolerances specified in Section 8.6: Detection Methods, Instrument Ranges, 

Accuracy, and Repeatability for each instrument within the candidate analyzer. 

2) For each concentration, the uncertainties, (U1 and U2) must not be greater than the 

accuracy tolerances required in Section 8.6: Detection Methods, Instrument Ranges, 

Accuracy, and Repeatability. 

8.4.1.2 Repeatability 

The repeatability test characterizes the ability of the instrument within the candidate analyzer to 

give consistent readings when repeatedly sampling the same gas concentration. The repeatability 

test is performed by completing the following sequence of steps. 

I) Introduce the high range span gas through the calibration port. Record the readings. 

2) Purge the candidate analyzer with ambient air for at least 30 seconds but no more than 60 

seconds. 

3) Repeat steps one and two above four more times. 

4) Repeat steps one and two introducing the gas through the sample probe. 

Acceptance Criteria: The differences between the highest and lowest readings from both 

ports must not exceed the values specified in Section 8.6: Detection Methods, Instrument 

Ranges, Accuracy, and Repeatability. 

8.4.1.3 Response Time 

The response time test determines the speed of response of the instrument within the candidate 

analyzer when a sample is introduced at the sample probe. The response time test is performed 

by completing the following sequence of steps. 

I) Calibrate the gas measuring instrument within the candidate analyzer per the 

manufacturer's instructions. 

8-5 
2) Using a solenoid valve or equivalent selector system, remotely introduce a high range 

span gas to the sample cell inlet or inlet port. The gas pressure at the entrance to the port 

must be equal to room ambient. 

3) Measure the elapsed time required for the candidate analyzer display to read 90 percent 

and 95 percent of the final stabilized readings for HC, CO, C02, and NO. Alternatively 

the bench outputs may be recorded against a time base to determine response time. In 

addition, measure the time required for the 0 2 value to read 0.1% 0 2• Record all times in 

seconds. 

4) Switch the solenoid valve to purge with zero air for at least 40 seconds, but no more than 

60 seconds. 

5) Measure the elapsed time required for the candidate analyzer's display for NO to read 10 

percent of the stabilized reading in step three. 

6) Repeat steps one, two, and three two more times to obtain three sets of readings. 

Acceptance Criteria: The individual response times, which includes the drop time for 0 2 and 

NO, and the rise time for HC, CO, CO,, and NO, from the port to the display for HC, CO, 

and C02 must not exceed eight seconds for 90 percent of a step change in input and not 

exceed 12 seconds to 95 percent of a step change in input. The response time for a step 

change in 0 2 from 20.9 percent to 0.1 percent 0 2 must be no longer than 40 seconds. For 

candidate analyzers equipped to measure NO, the response time must not exceed 12 seconds 

for 90 percent of a step change in input. The response time for a step change in NO from a 

stabilized reading to I 0 percent of that reading must be no longer than 12 seconds. 

8.4.1.4 Interference Effects 

The interference effects test is performed to determine if the candidate analyzer readings for one 

gas adversely affect the readings of other gases. The following acceptance test procedure must be 

performed at 45, 75, and I 05 degrees Fahrenheit eF). 

I) Calibrate the instrument within the candidate analyzer using zero gas and then calibrate 

using the high and low range calibration gases specified in the EPA's guidance 

document, "Acceleration Simulation Mode Test Procedures, Emissions Standards, 

Quality Control Requirements, and Equipment Specifications" (EPA, 2004) or EPA's 

applicable update to this document. 

2) Sample the following gases for at least one minute. Record the response for HC, CO, 

C02, NO, and 0 2 to the presence of the each of the following gases: 

( i) 16 percent C02 in nitrogen; 

(ii) 1,600 ppm hexane in nitrogen; 

(iii) I 0 percent CO in nitrogen; 

(iv) 3,000 ppm NO in nitrogen; 

(v) 75 ppm sulfur dioxide in nitrogen; and 

(vi) 7 5 ppm hydrogen sulfide in nitrogen 

Acceptance Criteria: The interference effects from non-interest gases must not exceed +/- 4 

ppm for HC, +!- 0.02 percent for CO, +1- 0.2 percent for C02, and+/- 20 ppm for NO. 

8-6 
8.4.1.5 Water Saturated Hot Air 

The water saturated hot air test determines the effect of hot humid air on the candidate analyzer 

and is performed using the following description. Water saturated hot air must be drawn through 

the probe from the top of a sealed vessel partially filled with water through which ambient air will 

be bubbled. The water saturated hot air must be flowed for at least one minute. The water must 

be maintained at a temperature of l22°F +/- 9°F. The water saturated hot air test must be 

performed at only the 75 and I 05°F conditions. 

Acceptance Criteria: The interference effects from non-interest gases must not exceed +/- 4 

ppm for HC, +/- 0.02 percent for CO, +1- 0.2 percent for C02, and+/- 20 ppm for NO. 

8.4.1.6 Electromagnetic Isolation and Interference Tests 

The electromagnetic isolation and interference test, which is comprised of five individual tests, 

measures the ability of the candidate instrument to withstand electromagnetic fields that could 

exist in vehicle testing and repair facilities. For all tests described below, low range calibration 

gas specified in the EPA's guidance document, "Acceleration Simulation Mode Test Procedures, 

Emissions Standards, Quality Control Requirements, and Equipment Specifications" (EPA, 2004) 

or EPA's applicable update to this document at atmospheric pressure is introduced through the 

sample probe of the candidate analyzer. The readings from the candidate analyzer are recorded 

during the test periods. 

I) Radio Frequency Interference Test: 

The radio frequency interference test determines the effect of radio frequencies on the 

readings from the candidate analyzer and is performed using the following sequence of 

steps. 

(i) Use a test vehicle with an engine having a high energy ignition system (or 

equivalent), a solid core coil wire, and a 3/8 inch air gap. Leave engine off. 

(ii) Locate the candidate analyzer within five feet of the ignition coil. Calibrate the gas 

measuring instrument within the candidate analyzer per the manufacturer's 

instructions. 

(iii) Introduce the sample gas specified above. Wait 20 seconds and record candidate 

analyzer readings. 

(iv) Start the engine. With the hood open and sample gas flowing to the candidate 

analyzer, cycle the engine from idle through 25 mph on the dynamometer at the ASM 

load specific to the test vehicle and record the candidate analyzer readings. 

(v) Relocate the candidate analyzer to within six inches of one side of the vehicle near 

the engine compartment. Follow the procedure described in step (iv) and record the 

candidate analyzer readings. 

(vi) Relocate the instrument to within six inches of the other side of the vehicle near the 

engine compartment. Follow the procedure described in step (iv) and record the 

candidate analyzer readings. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

2) Induction Field Test: 

The induction field test determines the effect of magnetic induction on the readings from 

the candidate analyzer and is performed using the following description. Use a variable 

8-7 
speed commutator type hand drill having a plastic housing and rated at three amps or 

more. While the candidate analyzer is sampling the gas as specified, vary the drill speed 

from zero to maximum while moving from the front to the sides of the instrument at 

various heights. Record the readings and note any change in readings. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

3) Line Interference Test: 

The line interference test determines the effect of power line interference on the readings 

from the candidate analyzer and is performed using the following description. Plug in the 

drill used for the induction field test into one outlet of a sixteen gauge, three conductor 

wire extension cord approximately 20 feet long. Connect the candidate analyzer into the 

other outlet of the extension cord. Repeat the drill speed variations and movements in the 

same manner described in the induction field test. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

4) Very High Frequency Band Interference Test: 

The very high frequency band interference test determines the effect of very high 

frequency band interference on the readings from the candidate analyzer and is performed 

using the following description. Locate both a citizens' ban radio with an output 

equivalent to the Federal Communications Commission's legal maximum and a highway 

patrol transmitter (or equivalent) within 50 feet of the candidate analyzer. While the 

candidate analyzer is sampling the gas, press and release transmit button of both radios 

several times. Record the readings and note any change in readings. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

5) Ambient Conditions Test: 

The ambient conditions test determines the accuracy of the instruments within the 

candidate analyzer used to measure humidity, barometric pressure, and temperature and 

is performed using the following description. Place the master weather station within 

three feet of the candidate analyzer. Display the ambient conditions on the candidate 

analyzer and a master weather station. Allow five minutes for the readings to stabilize 

and compare the readings from each system. 

Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full 

scale. 

8.4.1. 7 Dilution 

The dilution test determines the candidate analyzer's ability to accurately measure actual vehicle 

exhaust gases and is performed using the following sequence of steps. 

I) Set a vehicle with a 1.6 liter maximum engine displacement at the factory recommended 

idle speed. The vehicle must have the original equipment manufacturer configuration 

exhaust system, transmission in neutral, and the hood up. A fan may be used to cool the 

engine, if needed. The vehicle's idle speed must be set to 900 RPM with a tolerance of 

+/-20RPM. . 

8-8 
2) With a laboratory grade analyzer, sample the exhaust at 40 centimeters depth with a flow 

sample rate below 320 liters per hour. Allow sufficient time for the readings to stabilize. 

Record all HC, CO, NO, C02, and 0 2 readings. A chart recorder or electronically stored 

data may be used to detect the point of stable readings. 

3) While operating the candidate analyzer in a mode which has the same flow rate as the 

official inspection mode, record the levels of HC, CO, NO, C02, and 0 2• Ensure that the 

probe is installed correctly. 

4) Repeat step two. 

5) If the difference of the readings between step two and four exceed 5 percent of the 

average of step two and step four, then repeat steps two, three, and four; otherwise 

average the readings from steps two and four and compare with the readings from step 

three. 

Acceptance Criteria: The readings from step three must be within I 0 percent of the average 

of steps two and four. 

8.4.1.8 Dual Exhaust Probe System Flow Rate Test 

The dual exhaust probe system flow rate test determines the candidate analyzer's ability to 

measure sample gases using the candidate analyzer's dual sample probe system and is performed 

using the following sequence of steps. 

I) With a laboratory grade analyzer flow measurement system, allow ambient air to flow 

through the probes from the dual exhaust probe system. 

2) Set the flow rate to the normal flow rate generated by the sample system pump. 

3) Measure the flow rate in each leg of the dual probe system. 

4) Set the flow rate equal to the onset of the low flow condition of the analyzer. 

5) Measure the flow rate in each leg of the dual probe system. 

Acceptance Criteria: The flow rate of the higher leg of the dual exhaust sample probe system 

must not exceed 15 percent of the flow rate of the lower leg. However, the flow rate in each 

leg of the dual probe system is expected to be equal. 

8.4.2 Dynamometer 

The acceptance test procedures contained in this section apply to the dynamometer component of 

the ASM inspection equipment. The acceptance criteria for each test procedure in this section is 

contained in the EPA's guidance document, "Acceleration Simulation Mode Test Procedures, 

Emissions Standards, Quality Control Requirements, and Equipment Specifications" (EPA, 2004) 

or EPA's applicable update to this document. 

8.4.2.1 Load Cell Verification (if equioped) 

This load cell verification test confirms the proper operation of the dynamometer load cell and 

associated systems and is performed using the following sequence of steps. Weights in the proper 

range must be supplied by the manufacturer of the candidate analyzer. Weights must be National 

Institute of Standards and Technology traceable to 0.1 percent of point. 

I) Calibrate the load cell according to the candidate analyzer manufacturer's direction. 

8-9 
2) Using a dead weight method, load the test cell to 20 percent, 40 percent, 60 percent, and 

80 percent (in ascending order) of the range used for ASM emissions inspections. 

Record the readings for each weight. Remove the weights in descending order using the 

same steps and record the results. 

3) Perform steps one and two above two more times to collect a total of three readings for 

each weight. Calculate the average value for each weight. Multiply each average weight 

by the length of the torque arm. 

Acceptance Criteria: The difference for each reading from the weight must not exceed I 

percent of full scale. 

8.4.2.2 Sneedometer Verification 

The speedometer verification test confirms the accuracy of the dynamometer's speedometer and 

is performed using the following description. Set the dynamometer speed to 15 mph. 

Independently measure and record dynamometer speed. Repeat at 25 mph. 

Acceptance Criteria: The difference for each reading from set dynamometer speed must not 

exceed 0.2 mph. 

8.4.2.3 Verification of Parasitic Losses 

The verification of parasitic losses test verifies the dynamometer's parasitic losses in horsepower 

at 25 and 15 mph and is performed using the procedures and equations described in the EPA's 

guidance document, "Acceleration Simulation Mode Test Procedures, Emissions Standards, 

Quality Control Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable 

update to this document. Time data from an independent source, such as a stopwatch, and speed 

data from the analyzer must be used to externally calculate the value of the parasitic losses at 25 

and 15 mph. The indicated horsepower must be set to zero for the tests. 

Acceptance Criteria: The difference between the externally calculated value and the machine 

calculated value must not exceed I 0 percent of the independently measured value. 

8.4.2.4 Verify Coast Down 

The coast down verification test confirms that the dynamometer can accurately coast down from 

30 to 20 mph and from 20 to I 0 mph within the expected time limits and is performed using the 

following sequence of steps. 

I) Use the coast down procedures and equations described in the EPA's guidance document, 

"Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control 

Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable update 

to this document to verifY the coast down at 25 mph. 

2) Use the coast down procedures and equations described in the EPA's guidance document, 

"Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control 

Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable update 

to this document to verifY the coast down at 15 mph. 

Acceptance Criteria: The measured 30 to 20 mph coast down time and the 20 to I 0 mph 

coast down time must be inside the window bounded by the calculated coast down time in 

seconds with a tolerance of+/- 7 percent. 

8.4.3 Acceptance Test Procedures for OBD Inspection Equipment 

The acceptance test procedures for OBD inspection equipment apply only to the OBD 

communication components, which must meet all federal requirements contained in 40 CFR 

§§85.2207 - 85.2231 and recommended practices contained in the J1962, J1978, and J1979 

8-10 
published by the SAE. The acceptance test procedures and acceptance criteria are contained in 

the EPA's guidance document, "Performing On board Diagnostic System Checks as Part of a 

Vehicle Inspection and Maintenance Program" (EPA, 2001) or EPA's applicable update to this 

document. 

8.5 INSPECTION EQUIPMENT CERTIFICATION REQUIREMENTS 

Inspection equipment must be approved by the TCEQ prior to being used in the 11M program. A 

more detailed description of the certification requirements is available at the TCEQ's central 

office or at 

http://www .tceq .state.tx. us/assets/ public/implementation/ air/ms/IM/txvehanlspecs.pdf. In order 

to obtain approval from the TCEQ, the manufacturers shall: 

• submit a letter to the TCEQ stating that an analyzer model sold or leased by the 

manufacturer or its authorized representatives satisfies all required design and 

performance criteria; 

• provide documentation to demonstrate conformance with the design and performance 

criteria, including a complete description of all hardware components, the results of 

appropriate performance testing conducted by an independent laboratory, and a point-bypoint response to specific requirements; 

• place the most recent version of analyzer software source codes and other pertinent 

technical information in an escrow placement approved by the TCEQ; and 

• furnish a performance bond to the TCEQ that must remain valid for the entire time period 

that the manufacturer participates in the 11M program. 

8.6 DETECTION METHODS, INSTRUMENT RANGES, ACCURACY, AND 

REPEATABll..ITY 

HC analysis must be determined by a non-dispersive infrared (NDIR) analyzer and must cover at 

least the range of 0 - 9,999 ppm HC, where ppm HC is ppm of HC volume as hexane. The 

accuracy of the instrument from 0- 2,000 ppm HC must be+/- 3 percent of point or 4 ppm 

hexane, whichever is greater. The accuracy of the instrument between 2,00 I - 5,000 ppm HC 

must be at least+/- 5 percent of point. The accuracy of the instrument between 5,001 - 9,999 

ppm HC must be at least +/- I 0 percent of point. 

CO analysis must be determined by an NDIR analyzer and must cover at leastthe range of 0.00-

14.00 percent CO, where percent CO is percent volume CO. The accuracy of the instrument 

between 0.01 - I 0.00 percent CO must be+/- 3 percent of point or 0.02 percent CO, whichever is 

greater. The accuracy of the instrument between 10.01 -14.00 percent must be at least +/-5 

percent of point. 

C02 analysis must be determined by an NDIR analyzer and must cover at least the range of 0.0-

18.0 percent C02• The accuracy of the instrument between 0.01- 16.00 percent C02 must be+/-

3 percent of point or 0.3 percent CO,, whichever is greater. The accuracy of the instrument 

between 16.01- 18.00 percent C02 must be at least+/- 5 percent of point. 

NO analysis must cover at least the range of 0- 5,000 ppm NO. The accuracy of the instrument 

between 0- 4,000 ppm must be at least+/- 4 percent of point or 25 ppm NO, whichever is 

greater. The accuracy of the instrument between 4,001 - 5,000 ppm must be at least+/- 8 percent 

of point. 

0 2 analysis must cover at least the range ofO.O- 25.0 percent 0 2• The accuracy of the instrument 

over this range must be at least 5 percent of point or+/- 0.1 percent 0 2 , whichever is greater. 

For HC, the repeatability for the analyzer in the range of 0 - I ,400 ppm HC must be 2 percent of 

point or 3 ppm HC absolute, whichever is greater. In the range of 1,400 - 2,000 ppm HC, the 

8-11 
repeatability must be 3 percent of point. For CO, the repeatability for the analyzer in the range of 

0 - 7.00 percent CO must be 2 percent of point or 0.02 percent CO absolute, whichever is greater. 

In the range of 7.00 - I 0.00 percent CO, the repeatability must be 3 percent of point. For C02, 

the repeatability for the analyzer in the range of 0 - I 0.00 percent C02 must be 2 percent of point 

or 0.1 percent C~ absolute, whichever is greater. In the range of 10.00- 16.00 percent C02, the 

repeatability must be 3 percent of point. For NO, the repeatability of the analyzer must be 3 

percent of point or 20 ppm NO, whichever is greater. For 0 2, the repeatability of the 0 2 analyzer 

must be 3 percent of point or 0.1 percent 02o whichever is greater. 

Rounding of reading values must follow the standard mathematical practice of going to the next 

higher number for any numerical value of five or more. For example, if2.00 percent CO passes 

and 2.0 I percent CO fails, and the reading is 2.0049 percent, the value must be rounded down and 

decision must be a pass. If the reading is 2.0050, the value must be rounded up and the decision 

must be a fail. The value displayed and printed on the inspection report must be consistent with 

the value used for the pass/fail decision. 

8.7 REFERENCES 

EPA, 200 I. Performing On board Diagnostic System Checks as Part of a Vehicle Inspection and 

Maintenance Program, EPA420-R-OI-015, June 2001, 

http://www.epa.gov/OMS/regs/irnlobd/rtll 0 IS.pdf 

EPA, 2004. Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality 

Control Requirements, and Equipment Specifications, EPA420-B-04-0 II, July 2004, 

http://www.epa.gov/oms/regs!im/420b040 !!.pdf 

8-12 
CHAPTER 9: QUALITY CONTROL 

(Revised) 

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementation plan (SIP) 

revision was used as the basis for this SIP revision, which includes a non-substantive 

reorganization of information, in addition to new information where noted. The reference to the 

inspection equipment specifications in this chapter was modified to indicate the new location. 

9.1 OVERVIEW 

Quality control (QC) measures are implemented by the Texas Department of Public Safety (DPS) 

to ensure that Texas meets its commitment to provide motorists with consistent and accurate 

vehicle emissions inspection results. Vehicle inspection site personnel ensure that emissions 

measurement equipment is calibrated and maintained properly and that inspection records, 

calibration records, and control charts or graphs are accurately created, recorded, and maintained. 

Calibration practices and procedures for two-speed idle (TSI) and acceleration simulation mode 

(ASM) inspection equipment are performed in accordance with requirements specified by 

Appendix A of Subpart S of 40 Code of Federal Regulations (CFR), Part 51 and may incorporate 

the United States Environmental Protection Agency's (EPA) policy or subsequent policies and/or 

procedures. The most recent versions of TSI and ASM inspection equipment specifications, 

formerly referenced in the appendices of the 11M SIP, are now available at the TCEQ's central 

office or at 

http://www.tceq.state.tx.us/assets/public/imolementation/air/ms/IM/txvehanlspecs.odf. 

Analyzer manufacturers for TSI, ASM, and on-board diagnostics (OBD) inspection equipment 

prepare a manual of QC procedures, periodic maintenance schedules, and calibration procedures 

to be followed by vehicle emissions inspection site personnel to ensure that all equipment is 

properly calibrated. This manual is submitted to the Texas Commission on Environmental 

Quality (TCEQ) for approval prior to the sale of any equipment for use in the 11M program. 

Analyzer manufacturers ensure an extended service contract is available upon the expiration of 

the manufacturer's original warranty period. 

The vehicle emissions inspection analyzer specifications include, at a minimum, durability and 

functional requirements to ensure accurate measurements and processing and recording of 

emissions inspection samples under a wide range of adverse ambient conditions. In addition, 

emissions inspection analyzers are: 

• automated to the highest degree commercially available to minimize the potential for 

intentional fraud and/or human error; 

• secure from tampering and/or abuse; 

• based upon written specifications; and 

• capable of simultaneously sampling dual-exhaust vehicles. 

Preventative maintenance is performed at least quarterly on all analyzer equipment necessary to 

ensure accurate and repeatable operation. Preventative maintenance refers to any upkeep 

practices used to slow a component's deterioration associated with frequent use and aging. 

9.2 EQUIPMENT CALIBRATION AND MAINTENANCE 

Emissions inspection analyzer equipment is maintained according to demonstrated good 

engineering practices to assure emissions inspection accuracy. Vehicle emissions inspection 

stations are required to use calibration gases meeting the specifications set forth in 40 CFR Part 

51, Appendix A to Subpart S - Calibrations, Adjustments, and Quality Control. Any modification 

of these requirements by the manufacturer will not be implemented without approval from the 

executive director. In addition, the TCEQ will obtain the EPA's approval for any alternative 

calibrations and maintenance procedures. 

9-1 
Complete records on repairs, software modifications, and calibration of all emissions inspection 

analyzer equipment will be kept on file by the manufacturer during the original warranty and 

subsequent service contract agreement period. Each analyzer contains a historical database, 

which automatically records QC information, lockouts, and attempted tampering. The analyzer 

housing is constructed to protect the analyzer bench and electrical components from ambient 

temperatures and humidity fluctuations that exceed the range of the analyzers. Maintenance 

procedures are used to maintain the gas cap integrity inspection equipment in accordance with 

demonstrated good engineering practices in order to assure inspection accuracy. 

9.3 DOCUMENT SECURITY 

All vehicle inspection certificates are printed with a unique serial number, an official state seal, 

and are counterfeit resistant Each vehicle inspection station secures the inspection certificates 

under lock and key at all times and ensures the certificates are placed on and issued to vehicles. 

An inspection certificate is not issued until a vehicle passes all components of the safety and 

emissions inspection. Inspection certificates are affixed to the inside of the lower portion of the 

windshield on the driver's side to prevent theft or removaL Removal of an inspection certificate 

by breaking into a vehicle is a felony offense. 

9-2 
CHAPTER 10: WAIVERS AND TIME EXTENSIONS 

(No Revision) 

10-1 
CHAPTER 11: MOTORIST COMPLIANCE ENFORCEMENT 

(Revised) 

The October 26, 2005, Texas Inspection and Maintenance (VM) state implementation plan (SIP) 

revision was used as the basis for this SIP revision, which includes a non-substantive 

reorganization of information, in addition to new information where noted. The reference to 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program," in this chapter was modified to indicate the new location. 

11.1 GENERAL 

Compliance is ensured through a re-registration denial and a sticker-based enforcement system. 

The VM program is expected to achieve a compliance rate of 96 percent. Results from a safety 

inspection compliance survey in· Dallas, Tarrant, Harris, and EJ Paso Counties indicates 95 

percent compliance without the additional program enhancements. Results are located in 

Appendix J: Texas Department of Transportation, Vehicle Titles and Registration Division, 2000 

Summer Research Project Parking Lot Survey Report, March 2003. 

The ultimate enforcement is denial of vehicle re-registration for those vehicles registered in a 

county with an VM program that do not comply with vehicle inspection requirements. Although, 

the Texas Department of Public Safety (DPS) and other Jaw enforcement agencies have the 

authority to issue misdemeanor citations to a motorist operating a vehicle in violation of certain 

provisions of Texas Transportation Code (TIC), Chapter 548, which includes emissions-related 

inspections. 

11.2 RE-REGISTRATIONDENIAL 

To implement re-registration denial as an enforcement tool, the Texas Commission on 

Environmental Quality (TCEQ) compares the registration and the inspection databases to identify 

subject vehicles that are registered in the affected area, but have failed to comply with the VM 

program. Letters are sent to registered owners of vehicles that meet the subject criteria for 

inspection and fail an initial inspection, but never pass a subsequent inspection, receive a waiver, 

or otherwise comply with the VM program requirements. Vehicle owners that do not comply are 

flagged in the Texas Department of Motor Vehicles' registration database and are denied reregistration until the vehicles have complied with the VM program requirements. 

11.3 STICKER-BASED ENFORCEMENT 

Registration certificates, which are affixed on the windshield immediately above the safety 

inspection certificate, have markings that indicate a vehicle is registered in an VM program area. 

The safety inspection program uses a windshield certificate indicating the subject vehicle is in 

compliance with both the emissions and the safety inspection program. Law enforcement 

officials can visually compare the county of registration and the county of inspection. 

Inspection certificates have a DPS seal, a unique number, and tear when removed. Additional 

security features are routinely added to deter counterfeiters. The DPS tracks inspection certificate 

numbers with assistance from the vehicle identification database (VID) and the TCEQ's 

"Specifications for Vehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle 

Emissions Testing Program," which were formerly referenced in the appendices of the VM SIP 

and are now available at the TCEQ's central office or at 

ht!Jl://www .tceq .state.tx. us/assets/public/implementation/air/msiiM/txvehanlspecs.pdf. 

Motorists are issued citations by local and state law enforcement officials for driving a vehicle 

with an expired or invalid inspection certificate or for evading the emissions inspection or 

inspection outside of the affected area. These violations of the TIC, §548.602 (Class C 

misdemeanor) and §548.603 (Class B misdemeanor) are punishable by a fine starting at $200 and 

11-1 
not exceeding $2,000 for each occurrence. The owner is subject to an additional citation every 

time the vehicle is driven. Violators are given notification that they shall comply with the 11M 

program requirements. Noncompliance will result in delivery of additional citations and fines 

that may accumulate to more than the expense of a minimum expenditure waiver. Continual 

noncompliance will result in denial of re-registration. 

Fines for motorists involved in bribery or fraud are substantially higher and may also result in 

incarceration. Under TIC, §548.603 (Class B misdemeanor), a motorist suspected of obtaining 

an inspection certificate in a neighboring county to avoid the emissions portion of the inspection 

may be charged with willful purchase of a fraudulent inspection certificate. 

11.4 ADDITIONAL ENFORCEMENT ACTIVITIES 

The TCEQ may use vehicle identification number decoder software to search for vehicles that 

have changed the fuel type designation from gasoline to diesel on the vehicle registration record 

to avoid emissions inspection requirements. In addition, records that have had the fuel type 

designation changed will be flagged in the VID. The commission will analyze this data for abuse. 

Owners of subject gasoline-powered vehicles two through 24 years old that are identified as 

failing the emissions standards set for remote sensing are required to comply with the vehicle 

emissions inspection requirements of the affected area. Registered owners are given notification 

that they shall submit their vehicle for an emissions inspection within 30 days. Noncompliance 

will result in delivery of citations and continual noncompliance will result in denial of reregistration. 

Vehicles that are titled or registered in counties without an 11M program and then resold (change 

of ownership) into a county with an 11M program are not eligible for title receipt or registration 

unless proof is presented that the vehicle has passed a vehicle emissions inspection within 90 

days before title transfer. The buyer shall submit to the county tax assessor-collector or their 

deputy proof in the form of the following documents: 

o a vehicle inspection report; or 

o another proof of compliance as authorized by the DPS. 

The !est-on-resale requirement does not apply to 1996 and newer model-year vehicles with less 

than 50,000 miles. 

11-2 
CHAPTER 12: ENFORCEMENT PROGRAM OVERSIGHT 

(No Revision) 

12-1 
CHAPTER 13: QUALITY ASSURANCE 

(No ReYision) 

13-1 
CHAPTER 14: ENFORCEMENT AGAINST CONTRACTORS, STATIONS, AND 

INSPECTORS 

(No Revision) 

14-1 
CHAPTER 15: DATA COLLECTION 

(No Revision) 

15-1 
CHAPTER 16: DATA ANALYSIS AND REPORTING 

(No Revision) 

16-1 
CHAPTER 17: INSPECTOR LICENSING AND CERTIFICATION 

(No Revision) 

17-1 
CHAPTER 18: PUBLIC INFORMATION AND CONSUMER PROTECTION 

(No Revision) 

18-1 
CHAPTER 19: IMPROVING REP AIR EFFECTIVENESS 

(No Revision) 

19-1 
CHAPTER 20: COMPLIANCE WITH RECALL NOTICES 

(No Revision) 

20-1 
CHAPTER 21: ON-ROAD TESTlNG 

(No Revision) 

21-1 
CHAPTER 22: STATE IMPLEMENTATION PLAN SUBMISSION 

(No Revision) 

22-1 
Appendices are available upon request. Please contact: 

Mobile Source Programs Team 

Air Quality Planning Section 

Texas Commission on Environmental Quality 

Phone: (512) 239-1459 

E-mail: aqp@tceq.state.tx.us 
TEXAS COMMISSION ON ENVIRONMENTAL QuALITY 

THE STATE OF TEXAS 

COUNTY OF TRAVIS 

I hereby cer11fy IMt IIllO = • truo ond COITICl r:t:lflf d I 

whlctl 

Texas 

is 

Commission 

filed in the 

on 

pennanent 

Envllllnmentel 

records 

QUIIIIy 

of the ~ Commlsslall. 

Given er my hand and the seal of o!Hce on 

NOV 2 2 2 10 

ORDERADOPTING La nacastanuela,ChiefCiel1< 

REVISION TO THE STATE IMPLEMENTAfffi~ Environ.-auallty 

Docket No. 2009-1613-SIP 

On November 18, 2010, the Texas Commission on Environmental Quality (Commission), during a 

public meeting, considered adoption of the Texas Inspection and Maintenance (liM) state implementation plan 

(SIP) concerning the requirements for low-volume vehicle emissions inspection stations and the vehicle 

emissions inspection analyzer specifications. The Commission adopts the SIP revisions, which will implement 

House Bill 715 from the 8lst Texas Legislature, 2009, Regular Session. relating to requiring low-volume 

vehicle emissions inspection stations to meet the criteria for a low-volume waiver established by the Texas 

Department of Public Safety. The adopted liM SIP revision will also streamline the process for implementing 

minor non-programmatic modifications to the vehicle emissions inspection analyzer specifications and include 

various non-substantive changes to apply appropriate and consistent use of acronyms, section references, 

structure, formatting, and certain terminology. Under Tex. Health & Safety Code Ann. §§ 382.011, 382.012, 

and 382.023 (Vernon 2008), the Commission has the authority to control the quality of the state's air and to 

issue orders consistent with the policies and purposes of the Texas Clean Air Act, Chapter 382 of the Tex. 

Health & Safety Code. Notice of the proposed SIP revision was published for comment in the July 2, 20 I 0, 

issue of the Texas Register (35 TexReg 5967). 

Pursuant to 40 Code of Federal Regulations § 51.102 and after proper notice, the Commission 

conducted public hearings to consider the proposed revision to the SIP. Proper notice included prominent 

advertisement in the areas affected at least 30 days prior to the dates of the hearings. Public hearings were held 

in Fort Worth on July 20, 20 I 0, at the TCEQ, Region 4 Office, DFW Public Meeting Room, 2309 Gravel Road; 

in Austin on July 21, 2010, at the TCEQ, Building E, Room 201S, 12100 Park 35 Circle; and in Houston on July 

22,2010, at the Houston-Galveston Area Council, Conference Room A, 3555 Timmons Lane. A question and 

answer session was held 30 minutes prior to each hearing. The hearings were not officially opened because no 

party indicated a desire to give comment. 

The Commission circulated hearing notices of its intended action to the public, including interested 

persons, the Regional Administrator of the EPA, and all applicable local air pollution control agencies. The 

public was invited to submit data, views, and recommendations on the proposed SIP revision, either orally or in 

writing, at the hearings or during the comment period. Prior to the scheduled hearings, copies of the proposed 

SIP revision were available for public inspection at the Commission's central office and on the Commission's 

Web site. 

Data, views, and recommendations of interested persons regarding the proposed SIP revision were 

submitted to the Commission during the comment period and were considered by the Commission as reflected 

in the analysis of testimony incorporated by reference to this Order. The Commission finds that the analysis of 

testimony includes the names of all interested groups or associations offering comment on the proposed SIP 

revision and their position concerning the same. 
IT IS THEREFORE ORDERED BY THE COMMISSION that the revision to the SIP incorporated by 

reference to this Order is hereby adopted. The adopted revision to the SIP is incorporated by reference in this 

Order as if set forth at length verbatim in this Order. 

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the Chairman 

should transmit a copy of this Order, together with the adopted revision to the SIP, to the Regional 

Administrator of EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, codified at 

42 U.S. Code Ann. §§ 7401- 7671q, as amended. 

If any portion of this Order is for any reason held to be invalid by a court of competent jurisdiction, the 

invalidity of any portion shall not affect the validity of the remaining portions. 

Date issued: NOV 2 2 2010 TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

~1$.·;;~hr