Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., ExecutiveDirector r 'l ,...**~~ i"\~--~v'**  :_: +i •·· .·I**t~;-** 

## 10 DEC 2 8 Prl 3: 

# :r1

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas byReducingandPreventingPollution December

### 22, 20 1 0

Dr. 

### Alfredo"Al" Armendariz, Regional Administrator U.S. EnvironmentalProtectionAgency- Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 DearDr. 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-volumevehicle emissions inspection stations andthe vehicleemissions inspection analyzer specifications. The Commission adopted amendments to 30 Texas Administrative Code (TAC) Chapter 114, Control ofAir 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 consistentuse ofacronyms, sectionreferences, structure, formatting, and certaintem1inology. Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record ofthe public hearings, and the accompanying orders. I look forward toyour expeditious approval ofthese SIP revisions. Sincerely,

BWS/jmm Enclosures

cc: The Honorable RickPerry, Governor ofTexas Mr. TobyBaker, Office ofBudget, Planning and Policy, Office ofthe 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.usBryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner '• ' ':._;**~** .,,**-~** t''**-~** . 1:·_**'.,~--** '· Mark R. Vickery, P.G., ExecutiveDirector 

### 7\l\G

# o·:c 28 PH 

# z, 5\ TEXAS COMMISSION ON ENVIRONMENTAL

# QVAtrW**s:~tt** I " I '

D,. 

### ·l·l

## i'):~ ""·

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### c .)

Protecting Texas byReducingandPrevenNngPollution December 22, 20I0

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 ProjectNo. 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 ofAir 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 ofacronyms, section references, structure, formatting, and certainterminology. Enclosed are the proposed revisions to the SIP, a public hearing certification, a complete record ofthe public hearings, and the accompanying orders. 1lookforward to your expeditious approval ofthese SIP revisions. Sincerely,

BWS/jmm Enclosures

cc: The Honorable RickPerry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. MarkR. 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 DocketNo. 2009-1613-SIP, 2009-1610-RUL

This is to certify that the attached are ttue and correct copies ofdocwnents for revisions to the Texas State Implementation Plan, adopted on November 18, 2010, pursuant to 40 Code ofFederal Regulations 

### §
51.104. I am therecords administratorfor the

### AirQuality Division ofthe Texas Commission on Environmental Quality (Commission).Texas CommissiononEnvironmental Quality Public Hearings July20,21, 22, 2010 ConcerningRevisionstothe InspectionandMaintenance {IfM)StateImplementationPlan ProjectNo. 2009-035-SIP-NR

### INTRODUCITON

TheTexasCommissiononEnvironmentalQuality(commission)heldpublichearingsinFortWorth

onJuly20, 2010;inAustinonJuly21, 2010;andinHoustononJuly22,2010,toreceivetestimony regarding 30TAC Chapter 114, Control ofAir Pollution from MotorVehicles and corresponding revisionstothe stateimplementationplan (SIP).

TheSIPrevisionimplementsHouseBill715fromthe81StTexasLegislature, 2009,RegularSession, relatedtorequiringlow-volumevehicleemissionsinspectionstationstomeetthecriteriaforalowvolumewaiverestablishedbytheTexas DepartmentofPublicSafety. Theproposedrevisionalso streamlines the processfor implementing minor non-programmaticmodifications tothevehicle emissionsinspectionanalyzerspecificationsandincludesvariousnon-substantivechangestoapply appropriateandconsistentuse ofacronyms, sectionreferences, structure,formatting, andcertain terminology.

ThecommentperiodclosedonJuly26, 2010. Alltestimonyandcommentshavebeenreviewedand seriouslyconsidered. Thishearingrecordcontainsa completerecordofthepublichearingsandis dividedintothefollowing four sections:

o PublicNotification andProposal

o Written andOralTestimony

o EvaluationofTestimony

o StaffRecommendations/Order

AdditionalcopiesofthishearingrecordaremaintainedintheTCEQcentralofficeat12100Park35 Circle, Austin,Texas 78753. Forfurtherinformation, pleasecontactEdgar Gilmoreat (512) 239- 2069.

# PUBLIC NOTIFICATION AND PROPOSALPUBLIC NOTIFICATION

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

1. Publication ofnotice of public hearings in the following newspapers on the date listed: AustinAmerican-Statesman: June 18, 2010 Fort Worth Star-Telegram: June 18,2010 Houston Chronicle: June 18, 2010

2. Publication ofthe Notice of Public Hearings in the July 2, 2010, issue ofthe Texas Register(35 TexReg 5967).

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: Speaker ofthe House Lieutenant Governor Alamo Area Council ofGovernments Capital Area Planning Council City ofAustin, Mayor's Office City of Dallas, Department of Environmental and Health Services City of Dallas, Department ofAviation 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 JudgeEast Texas Council of Governments El Paso Metropolitan Planning Organization Federal HighwayAdministration Galveston County Health District Harris County Judge Harris County Public Health and Environmental Services North Central Texas Council ofGovernments Houston-Galveston Area Council South East Texas Regional Planning Commission Tarrant County Judge Texas Department ofTransportation 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 AgencyExample of Newspaper Classified Ad
Austin American-Statesman, June 18, 2010

PUBUC HEARINGS ON PROPOSED REVISIONS TO 3D TAJ:, CHAPTER 114 AND REVISIONS TO THE STATE IMPl.!MENTATlON PLAN TheTuaa CammiUion Cll Envlcnmii'Ual Ouluty [TCEQ or commlakl'l)wll conduCt pubtlc nunn;s k:l recaNa testimony regarding**~paa•CI** amendments to 30T8IC8I Al:lmlriBUatiYB Coda (TAC) Chlplllr 114, cantra1 ofAlr Pa&IUtkJnfram MatarVahlclas,114.2, 114.61, anel114.611: lhi1'8J)1181 of114..52;and nMiionllo lhestall inplamanl8Uon plan**(SIFt~** undllr lhl requllwn11111 DfTexas Hullhand safety CIXIa, 382.017; TSICU GCMimrnenl COda, Chlptlr2001, SUbChllpterB; anei4D COde ofFederal Regulations ei1.102 ofthe Unllad SlaiiS Environmonlal Prolecllon Agoncy (EPA) regulallcns ccnc:amlng SIPs. The prcpc11od rulomoldng would lmplemont House em (HB)715 andHB 17ll6flamthe 8111 Toxasl.ogillll

...,20011, RllgulorSoa.,., raallng 10 raqulring IDw-vDIIJml vehicte amilslon& lnaPicllon ataU0111 mmHtthecrtlalilfera lr:»-YYOumewaiverambltsl'lad by lha Texas Depll1mant Df Public safelyand Increasing themaxbnum limaalkJw8d from rtve to len dllys that ccunlllll wllha\18 10roimburle

- shipsporticipating In the Lew lnccmoVehicle RllpolrAl1111anco, Rlltrollt, and AcceloratodVBI*>Io Rlltlranont-ncoPnJgrarn,**respoc~No~y.**Thop,_.arulomaldngwould olio 11roamlino lh8 process for tmplernenltng mitornon.programmatlc modlllcatlon& 10lhe vahlde emilllon& tnspactlon anatyur opoclf- and ._1the Eal1y Portlcipllllon lnconllve ._(Rulo Projoct Numbor200o-1127-114-EII)The pn>pooo<l SIPmillenwould l"""'"'ontHB 715 fromfile 8111ToasLegislature, 200U, RegUarSlulon, rotated 10 requiring kJW-YDI,ume vahlde emillkJns tnspecllon stations tomeet 118crfteri8 forakJW-voluma watverestabllBhed bythoT- Oopor1menl ofPubicSofety. Tho --IOIII&lcnwauld-•IJ'Iamlinotho prucoos fct 

### Iimp&emenlii'JIJ ninornon-PIOSII&ii•IWile moclficalk:Jnli: to1ha Wihlcle emissions Inspectionanalyzer8p8dlcations and I Includevarious .........-Uvecnsngea 10applyappropriate and ccn!llatentuoe ofacrcnyms, sacllon ri!IEotllrCBO, 

# I structure, -.oUing,and C81111n tenninolcgy, (SIP Project Numbor20Do.G35-IIIP-NR) Ther:cmmla&lcnwBI held publichalngsen th

...propcsalain FortWerth en July20, 2010, at 2:00p.m. at theTCEQ, Raglcn 4Office, DaUa..,.ortWerthPublic Meeting Rccm. 2309 Grovel-· FortWorth,TX78118; In

### Au'*' en Juty2'1, 2010, at

.

1 11);00 Lnl.attho TCEQ, Bulldilg**~.** Room 2016, 12100 Park 35Circle,Aulfln,TX.7B7s:l;and In HIIUIIDnon July , 22,2010, at 3:00p.m. at the Houston-Gal- Ania Council, CorrhironceRucm A, 35SST1mmcnsLane, Hcuri1Dn,! TX 77f1ZT. The haarlngsare stnrciUradftrthe racolpl oforal crwrtttan ccmmon1s bylntlnllitoa parmns, - maypre- cnJ

## n- whencalod upon In craorof reg-. Opon clsaluicnwll net**be~** during the heartngs;hDMNBr, cornrntssim staffrnemberl will be B\l'allal:*l k:l diBculs the proposal 30 mlnuta5 priorto the hearingS. PenJons wtJJ heve apadal communlcaUan or alhl!ll'"8CCtiiTinlOdall needswho are plamlngtoattendthe hoanngs ohcukl CCilGocl Olar1ctto Hem, Oflico of'-'Sorvloes at (512)'238-0ml. Rllqueats shoUldbe made as far In ad\lanca aa poaslbla. Wrttten comnenl&maybe aubrNttad to Mk:tiEHII Partbih, MC205. omce r1 i..egat Servlcas, Texas canrhlsskm on Environrnenbll Cualby, P.O. BoX 13087,Auatin,iaxas78711-3087, or faqd m 

## I .(512)239-41108. EIBCII'OIIIc ccmmonts maybelllllmtlsdat hltp:ilwwwS.tcaq.aiate.tx. USinrtoWccmilii!lllal. Fie &lze rastrtcl:lans mayappty tD comments beingSUbmiUBd v1a theaCormnants system. All anmaniS pertaining ao the rutlmaklngshould 18(810flce RUIB ProjBCl Number2DflB.027-114-eN. AU comment& ralalilg 10theSIP nNislcn 

# I shoUld rahirance Prcjecl Numbor200g.(J35..SIP-NR. TheocmmontporiCd -July25, 2010. Ccplas ofthB prapaalld rulamlldng canbe obtainedftom-th• cornrnlssicn'J Web lilaal tmp:l/wwW.tclq.ata1e.tx.UII nBYinrles/prapooo_adcpt.hlml. Cqilosofthof'RliXli8CI S<Provillcn andan appandlcos can becbtllnodfrom tho TCCQ'I Web sllliat http:/lwww.tcaq.llate.lx.usllmplomantattcnlali'lllplslpphtml.FerfurtherlnlcrmaliCin, piaasa 1contact EdgsrJ. Glmara, Jr.AlrQualtyPlonnlng Socllcn, (512)**~.** 

## IThe TCEQ may granta contested ase hearingonthe petition ifa writ· ten hearing request is filed withi 30 days after the newspaper publication ofthe notice. To request contested case hearing, you must submit the following: (I)your n e (or for a group orassociation, an official representative), mailing a dress, daytime phone nwnber, and fax number, ifany; (2) the name o the Petitionerand the TCEQ Inter· nal Control Number; (3) the s ent "1/we request a contested case hearing"; (4) a briefdescription o howyou would be affected by the petition in a way not common to e general public; and (5) the lo· cation ofyourproperty relative to he proposed District's boundaries. You may also submit your propo d adjustments to the petition. Re· questsfor a contested casehearing must be submittedin writing to the Office oftheChiefClerkatthe ad ssprovidedinthe informationsection below. The Executive Direc may approve the petition unless a writtenrequestfora contestedc hearing isfiled within 30days after the newspaper publication ofthis otice. Ifa hearing request isfiled, the Executive Director will not ap rove the petition and will forward the petition and hearing requestto e TCEQ Commissioners for their consideration ata scheduled Co ission meeting. Ifa contestedcase hearing is held, itwill be a legal roceeding similar to a civil trial in state district court. Writtenhearin requests shouldbesubmittedtothe Office oftheChiefClerk, MC 105, CEQ,P.O. Box 13087,Austin, TX 78711-3087. For information con eming the hearing process, please contact the Public InterestCounse MC 103, at the same address. For additional information, individua1 embers ofthe 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-201003601 LaDonna Castaf'luela Chief Cieri< Texas Commission on Environmen I Quality Filed: June 23, 2010

# • • Notice ofPublic Hearings on ProposedRevisions to 30 TAC Chapter 114 and Revisions to the State Implementation Plan The TexasCommissionon Environmental Quality (fCEQor commission) wiJI conduct publie hearings to receive testimony regardingproposed wnendments to 30 Texas Administrative Code (TAC) Chapter 114, Control ofAir Pollution from Motor Vehicles, §§114.2, 114.51, and 114.64; therepealof§114.52; andrevisionstothe state implementation plan (SIP), under the requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code ofFederal Regulations §51.102 ofthe United States Environmental Protection Agency (EPA) regulations concerningSIPs. The proposed rulemaking would implementHouse Bill (HB) 715 and HB 1796 from the 81 st Texas Legislature, 2009, Regular Session, relatingtorequiringlow-volume vehicle emissions inspection stationsto meetthe criteriafora low-volume waiverestablishedbythe TexasDepartment ofPublic 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, andAcceleratedVehicle RetirementAssistanceProgram, respectively. Theproposedrulemakingwouldalsostreamline the proeess for implementing minor non-programmatic modifications to the vehicle emissions inspection analyzer specificationsandrepeal the Early Participation Incentive Program. (Rule Projeet Number 2009-027-114-EN) The proposed SIP revision would implement HB 715 from the 81st TexasLegislature,2009,RegularSession, relatedto requiringlow-volwne vehicleemissionsinspectionstationsto meetthecriteriaforalowvolume waiver established by the Texas Department ofPublic 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 changesto apply appropriate and consistentuse ofacronyms, sectionreferences, structure, formatting, and certainterminology. (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-FortWorthPublicMeetingRoom, 2309 GravelRoad,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, at3:00p.m. at the HoustonGalveston Area Council, Conference Room A, 3555 Tunmons Lane, Houston, TX77027. The hearingsare structured for the receiptoforal or written comments by interested persons. Individuals may present oral statements when called upon in order ofregistration. Open discussion will not be permitted during the hearings; however, commission staffmemberswill beavailable to discusstheproposal30minutes prior to the hearings. Persons who have special communication or other accommodation needs whoare planningtoattendthehearings shouldcontactCharlotte Hom, Office ofLegal 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 ofthe 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 EdgarJ. 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 ofPublic Hearing on P posed Revisions To 30 TAC Chapter 116 and Revisions to eState ImplementationPlan 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 ofAir 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 §51.102 of the United States Environmental ection Agency (EPA) regulations concerning SIPs.



### INADDITION July 2, 2010 35 TexReg 

### 5967Bryan W. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner MarkR. Vickery, P.G.,Executive Director 

### TEXAS COMMISSION ONENVIRONMENTAL QUALITY Protecting Texas byReducingandPreventingPollution

PUBLICHEARINGS ON PROPOSED REVISIONS TO 30 TACCHAPTER 114 AND REVISIONS TO THE STATEIMPLEMENTATION PLAN

TheTexas Commission onEnvironmental Quality (TCEQ or commission) will conductpublichearings to receivetestimonyregardingproposed amendments to 30TexasAdministrative Code(TAC) Chapter 114, Control ofAirPollution fromMotorVehicles, §§114.2, 114.51, and 114.64; therepeal of§114.52; and revisions tothe state implementation plan (SIP), underthe requirements ofTexas Health and SafetyCode, §382.017; Texas Government Code, Chapter2001, SubchapterB; and 40 Code ofFederal Regulations §51.102 ofthe United States Environmental ProtectionAgency (EPA)regulations concerning SIPs.

The proposedrulemaking would implementHouse Bill (HB) 715 and HB 1796 from the 8lstTexas Legislature,.2009,RegularSession, relating torequiring low-volume vehicle emissions inspection stations to meetthe criteria for a low-volume waiverestablished bythe Texas DepartmentofPublic Safety and increasingthe maximum time al1owed from five to ten daysthatcountieswill have to reimburse dealerships participating in theLowIncomeVehicleRepairAssistance,Retrofit, and AcceleratedVehicleRetirementAssistanceProgram, respectively. Theproposedrulemakingwould also streamline the process for implementing minornon-programmatic modifications to thevehicle emissions inspection analyzer specifications and repeal the EarlyParticipation Incentive Program. (RuleProject Number2009-027-114-EN)

Theproposed SIP revision would implementHB 715 from the 8lstTexasLegislature, 2009, Regular Session, relatedtorequiring 1ow-vo1ume vehicle emissions inspection stationstomeetthe criteriafor a low-volume waiver established bythe TexasDepartmentofPublic Safety. The proposed revision would also streamlinethe process for implementing minor non-programmaticmodifications tothe vehicle emissions inspection analyzer specifications and include various non-substantive changesto apply appropriate and consistentuse ofacronyms, section references, structure, formatting, andcertain terminology. (SIPProjectNumber2009-035-SIP-NR)

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • www.tceq.state.tx.us How is ourcustomer service? www.tceq.state.tx.uslgoto/customersurvey priated on rocy<:lai paperThe commissionwill hold public hearings onthese proposals in FortWorth on July 20,2010, at 2:00p.m. atthe TCEQ, Region 4 Office, Dallas-FortWorthPublic Meeting Room, 2309 Gravel Road, FortWorth, TX 76118; in Austin on July 21, 20I0, at I0:00 a.m. atthe TCEQ, BuildingE, Room 20IS, 12100 Park 35 Circle, Austin, TX 78753; and in Houston onJuly 22, 2010, at 3:00p.m. attheHouston-Galveston Area Council, Conference Room A, 3555 Timmons Lane, Houston, TX 77027. The hearings are structured for the receipt oforal orwritten comments by interested persons. Individualsmay presentoral statements when called upon in orderofregistration. Open discussion will notbe permitted during the hearings; however, commission staffmembers will be available to discuss the proposal 30 minutes prior to the hearings.

Persons who have special communication orother accommodation needs who areplanningto attendthe hearings should contactCharlotteHom, Office ofLegal Services at(512) 239-0779. Requests should be made as far in advance as possible.

Written commentsmay be submittedtoMichael Parrish, MC 205, Office ofLegal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, orfaxed to (512) 239-4808. Electronic commentsmay be submitted athttp:l!www5.tceq.state.tx.uslruleslecomments/. File size restrictions may apply to comments being submitted viathe eComments system. All comments pertaining totherulemaking should reference Rule ProjectNumber 2009-027-114-EN. All comments relatingto the SIP revision should reference ProjectNumber 2009-035-SIP-NR. Thecomment period closesJuly 26,2010. Copies ofthe proposedrulemakingcan be obtained from the commission's Web site athttp:l!www.tceq.state.tx.uslnav/ruleslpropose_adopt.html. Copies oftheproposed SIP revision and all appendices can be obtained from theTCEQ'sWeb site at http:llwww.tceq.state.tx.uslimplementationlairlsiplsipplans.html. Forfurther information, please contact EdgarJ. Gilmore, Jr., AirQualityPlanning 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 STATEIMPLEMENTATION PLAN REVISION

DOCKETNUMBER: 2009-1613-SIP 30 TEXAS ADMINISTRATIVE CODE CHAPTERI14

PROJECTNO. 2009-035-SIP-NR Proposal
June I6, 2010Thispage intentionally left blank.

### EXECUTIVE SUMMARY Section I ofHouse 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 ofthe 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 peryear. 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 ofvehicle 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 TAS have been modified four times to improve oversight and enhance effectiveness ofthe 11M program but have not been incorporated into the 11M SIP. These minor non-programmatic modifications did not affect the vehicle emissions inspection procedure orthe 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 ofimproper 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 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 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 of40 Code ofFederal Regulations (CFR) §51.358(c) with the language contained in Chapter 8: Test Procedures, Standards, andTest Equipment ofthe 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 TAS 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 TestingProgram."

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

• in Chapter I: General, o revised the title, o reorganized the content ofSection 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 ofozone and carbon monoxide in Section 1.3: Health Effects, and o reorganized content and added language regarding public hearings to Section 1.4: PublicHearings Information;

• in Chapter2: 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 Section2.4.4: ElPaso o added a new subtitle in Section 2.4: ApplicableAreas, and o modified the definition ofa low-volume emissions inspection station in Section 2.4.2: Dallas-Fort Worth and Section2.4.3: Houston-Galveston-Brazoria;

• in Chapter 8: TestProcedures, Standards, and TestEquipment, 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 ofParasitic 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, andRepeatability, 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 EquipmentandRequiredFeatures, 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: TSIInspection Equipment, Section 8.3.3: ASMInspection Equipment, and Section 8.3.4: OBD Inspection Equipment, o added a new subtitle in Section 8.4: Acceptance TestProcedures, 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: OBDInspection 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: DocumentSecurity;

ES-2• in Chapter II: Motorist Compliance Enforcement, o added new subtitles with reorganized content in Section 11.1: General, Section 11.2: Re-registrationDenial, and Section 11.4: AdditionalEnforcementActivities, 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 Listof 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 ofTransportation, 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 EmissionsTesting Program," dated May I, 2005, from the list ofappendices;

• added a Listof Acronyms; and

• added a Listof Attachments
The proposed liM SIP revision also includes various non-substantive changes in each chapter to apply appropriate and consistent use ofacronyms, section references, structure, formatting, and certain terminology.

ES-3SECTIONV: LEGALAUTHORITY
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, includingmaintaining adequate visibility. The first air pollution control act, known as the Clean Air Act ofTexas, 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 Chapter382ofthe 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 ofthe TNRCC, the authority over air quality is found in both the Texas Water Code (TWC) and the TCAA. Specifically, the authority ofthe 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 ofthe 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 ofthe TCEQ to September I, 2011, unless continued in existence by the Texas SunsetAct. The TCAA specifically authorizes the TCEQ to establish the level ofquality to be maintained in the state's air and to control the quality ofthe 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 ofemissions; 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 ofthe state as well as with industries and the federal government; and to establish and operate a system ofpermits for construction ormodification offacilities. Local government authority is found in Subchapter E ofthe 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 territorialjurisdiction, 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 ofair pollution not inconsistent with the provisions of the TCAA andthe rules ororders ofthe commission. Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistent with the requirements ofthe 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 andauthorize 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 ofthe SIP. Statutes All sections ofeach subchapter are included, unless otherwisenoted. TEXAS HEALTH and SAFETY CODE, Chapter 382 TEXAS WATER CODE Chapter 5: TexasNatural Resource Conservation Commission SubchapterA: General Provisions September I, 2009 September I, 2009

SubchapterB: Organization ofthe TexasNatural Resource Conservation Commission SubchapterC: TexasNatural Resource Conservation Commission SubchapterD: General Powers and Duties ofthe Commission SubchapterE: Administrative Provisions for Commission SubchapterF: Executive Director (except §§5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and Subchapter H: Subchapter 1: SubchapterJ: SubchapterL: Subchapter M: 5.236) Delegation ofHearings 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 SubchapterA: General Provisions (§§7.001, 7.002, 7.00251,7.0025, 7.004, and 7.005 only) SubchapterB: CorrectiveAction and Injunctive Relief(§7.032 only) Subchapter C: Administrative Penalties SubchapterD: Civil Penalties (except §7.109) Subchapter

### E: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 Rules All ofthe following rules are found in Title 30, Texas Administrative Code, as ofthe following effective dates: Chapter7: Memoranda ofUnderstanding, §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 orAmendment ofPermit 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), iiand (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 I06: Permits by Rule, SubchapterA Chapter Ill: Control ofAir Pollution from Visible Emissions and Particulate Matter Chapter 112: Control ofAir Pollution from Sulfur Compounds Chapter 113: Standards ofPerformance 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 ofAirPollutionfrom MotorVehicles June 26, 2008 Chapter 115: Control ofAirPollution from Volatile Organic Compounds July 19,2007 Chapter 116: Permits for New Construction orModification May 29, 2008 Chapter 117: Control ofAirPollution from Nitrogen Compounds March 4, 2009 Chapter 118: Control ofAirPollution Episodes March 5, 2000 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 MinorPermitRevisions June 3, 2001 Chapter 122: 

### §122.217: Proceduresfor MinorPermitRevisions December II, 2002 Chapter 122: §122.218: Minor PermitRevision Procedures for Permit Revisions Involvingthe Use ofEconomic Incentives, Marketable Permits, and Emissions Trading

iii June 3, 2001SECTIONVI. CONTROL STRATEGY
A. Introduction (No change) B. Ozone (No change) I. Dallas-Fort Worth (No change) 2. Houston-Galveston-Brazoria (No change) 3. Beaumont-PortArthur (No change) 4. ElPaso (No change) 5. RegionalStrategies (No change) 6. Northeast Texas (No change) 7. AustinArea(No change) 8. SanAntonioArea (No change) 9. VictoriaArea (No change) C. Particulate Matter (No change) D. Carbon Monoxide (No change) E. Lead (No change) F. Oxides ofNitrogen (No change) G. Sulfur Dioxide (No change) H. ConformitywiththeNational AmbientAir Quality Standards (No change) I. Site Specific (No change)
J. Mobile Sources Strategies (Revised)
1. Inspection/Maintenance

- (Revised) 2. Transportation ControlMeasures (No change) 3. Vehicle Miles Traveled(No change) 4. Clean Gasoline (No change) K. CleanAirInterstate Rule (No change) L. Transport (No change) M. Regional Haze (No change)

ivASM 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 OFACRONYMS (New) Acceleration Simulation Mode Bureau ofAutomotive Repair Beaumont-Port Arthur Code ofFederal Regulations Carbon Monoxide Dallas-Fort Worth Texas Department ofPublic Safety Early Action Compact United StatesEnvironmental Protection Agency Federal Clean AirAct Full-Time Equivalent GrossVehicle WeightRating House Bill Hydrocarbon Houston-Galveston AreaCouncil Houston-Galveston-Brazoria Inspection and Maintenance Low Income Repair and Assistance Program Mass Emissions TransientTesting miles perhour National AmbientAirQuality Standard North Central Texas Council ofGovernments Nitrogen Oxides On-Board Diagnostics parts permillion Quality Control Revolutions per Minute Senate Bill State ImplementationPlan TexasAdministrative Code TexasAir Control Board Vehicle EmissionsTestingAnalyzer Specifications Texas CleanAirAct Texas Commission on Environmental Quality (commission) Texas Health and Safety Code Texas Information Management System Texas Motorist'sChoice Program TexasNatural Resource Conservation Commission Two-Speed Idle Texas Transportation Code Texas Transportation Institute Texas Water Code Texas Department ofMotorVehicles United States Code Vehicle Identification Database Vehicle Identification Number Vehicle InspectionReport Volatile Organic Compound Vehicle RepairForm

vLIST OF COMMONLYUSED TERMS (Revised) Acceleration Simulated Mode (ASM) Inspection An emissions inspection using a dynamometer (a set ofrollers 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 horsepowerto accelerate at a rate of3.3 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 of25 percent ofthe vehicle's available horsepowerto accelerate at arate 3.3 mph at a constant speed of 25 mph. CandidateAnalyzer 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-FortWorth (DFW)Program Area In coordination with the commission, the Texas Department ofPublic 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. ElPasoProgramArea 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 emissionscontrol components. ExhaustGasAnalyzer A device used to measure the amount ofemission gases in an exhaust sample. FleetVehicle Any motor vehicle operated as a member ofa group ofmotorvehicles belongingto a single nonhousehold entity; any state or local government motor vehicle, including a motor vehicle exempted from payment ofa registration fee and issued a specially designated license plate; or any federal government motorvehicle, except for atactical military vehicle. Full-TimeEquivalent (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, ifa station employed 25 individuals, but each employee only worked on vehicle inspections two weeks worth oftime per year, this station employed one FTE. Gas CapIntegrityInspection 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.

viHouston-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 ofthe following counties: Brazoria, Fort Bend, Galveston, Harris, and Montgomery. liMProgram A vehicle emissions inspection program as defined by the United States Environmental Protection Agency (EPA) that includes, but is not limited to, the use ofcomputerized emissions analyzers, on-road testing, on-board diagnostic (OBD) inspections, and/or inspection ofvehicle emissions devices.
11MProgram 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-VolumeEmissionsInspection Station A vehicle emissions inspection station that meets all criteria for obtaining a low-volume waiver from the DPS. MinorNon-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 minornon-programmatic modifications. On-BoardDiagnostics (OBD) The computer system installed in a vehicle by the manufacturer, which monitors the performance ofthe 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 ofthe tailpipe exhaust emissions ofa vehicle while the vehicle idles, first at a lowerspeed and then again at a higher speed.
TexasDepartmentofMotorVehicles A state agency created by the 8lst Texas Legislature, 2009, Regular Session from divisions formerly included inthe Texas Department ofTransportation. VehicleEmissionsInspection Station A facility certified to conduct an emissions inspection for a vehicle and issue a certificate of emissions inspection. VehicleIdentificationDatabase (VID) A database management system that maintains specified vehicle data and emissions inspection information. Vehicle InspectionReport (VIR) The printout created after an emissions inspection that displays inspection results, vehicle information, and pass/fail status. VehicleRepairForm (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.
viiTABLE OF CONTENTS
Executive Summary (New)
List of Acronyms**(Ne><~** Listof Commonly Used Terms (Revised) Table qfContents (Revised)
List of Appendices (Revised)
Listof Attachments (New Heading Title Only) Chapter I: General (Revised) 1.1 Purpose (Reorganized Content) 1.2 Background (ReorganizedandNew Content) 1.3 Health Effects (New Subtitle withReorganizedandNew Content) 1.4 Public Hearings Information (ReorganizedandNew Content) 1.5 Social and Economic Considerations (No change) 1.6 Fiscal and ManpowerResources (No change) Chapter 2: Applicability (Revised) 2.1 Legal Authority (New Subtitle with ReorganizedContent) 2.2 Area Designations (New Subtitle withReorganizedandNew Content) 2.3 Performance Standard (New Subtitle withReorganizedContent) 2.4 Applicable Areas (New Subtitle Only) 2.4.1 Beaumont-Port Arthur (New Subtitle withReorganizedandNew Content) 2.4.2 Dallas-Fort Worth (New Subtitle withReorganizedandNew Content) 2.4.3 Houston-Galveston-Brazoria (New Subtitle withReorganizedandNew Content) 2.4.4 El Paso (New Subtitle withReorganizedandNew Content) Chapter 3: Inspection and Maintenance Performance Standards (No Change) Chapter4: Network Type and Program Evaluation (No Change) Chapter5: Adequate Tools and Resources (No Change) Chapter 6: Test Frequency and Convenience (No Change) Chapter7: Vehicle Coverage (No Change) Chapter 8: Test Procedures, Standards, and Test Equipment (Revised) 8.1 General (New Subtitle withNew Content) 8.2 Inspection Process and Standards (RevisedSubtitle withReorganized Content,formerly 8.1) 8.3 Inspection Equipment and Required Features (RevisedSubtitle,formerly 8.2) 8.3.1 General Information (New Subtitle withReorganizedandNew Content) 8.3.2 TSI!nspectionEquipment (RevisedSubtitle withReorganizedandNew Content) 8.3.3 ASM Inspection Equipment (RevisedSubtitle withReorganizedandNew Content) 8.3.4 OBD Inspection Equipment (RevisedSubtitle withReorganizedandNew Content) 8.4 Acceptance TestProcedures (New Subtitle Only) 8.4.1 TSI and ASM Inspection Equipment (New Subtitle withNew Content) 8.4.1.1 Accuracy (New Subtitle withNew Content) 8.4.1.2 Repeatability (New Subtitle withNew Content) 8.4.1.3 Response Time (New Subtitle withNew Content) 

### viii8.4.1.4 Interference Effects (New Subtitle withNew Content) 8.4.1.5 Water Saturated Hot Air (New Subtitle withNew Content) 8.4.1.6 Electromagnetic Isolation and Interference Tests (New Subtitle withNew Content) 8.4.1.7 Dilution (New Subtitle withNew Content) 8.4.1.8 Dual ExhaustProbe System Flow Rate Test (New Subtitle withNew Content) 8.4.2 Dynamometer (New Subtitle withN!!w Content) 8.4.2.1 Load Cell Verification (ifequipped) (New Subtitle withNew Content) 8.4.2.2 SpeedometerVerification (New Subtitle withNew Content) 8.4.2.3 Verification ofParasitic Losses (New Subtitle withNew Content) 8.4.2.4 VerifY Coast Down (New Subtitle withNew Content) 8.4.3 Acceptance Test Procedures for OBD Inspection Equipment (New Subtitle withNew Content) 8.5 Inspection Equipment Certification Requirements (New Subtitle withNew Content) 8.6 References (New Subtitle withNew Content) Chapter9: Quality Control (Revised) 9.1 Overview (ReorganizedandNew Content) 9.2 Equipment Calibration and Maintenance (Reorganized Content) 9.3 Document Security (Reorganized Content) Chapter I0: Waivers and Time Extensions (No Change) Chapter II: Motorist Compliance Enforcement (Revised) II.! General (New Subtitle withReorganizedContent) 11.2 Re-registration Denial (New Subtitle withReorganizedContent) 11.3 Sticker-Based Enforcement (New Subtitle withReorganizedandNew Content) 11.4 Additional EnforcementActivities (New Subtitle withReorganizedContent) Chapter 12: EnforcementProgram Oversight (No Change) Chapter 13: Quality Assurance (No Change) Chapter 14: EnforcementAgainst Contractors, Stations, and Inspectors (No Change) Chapter 15: Data Collection (No Change) Chapter 16: DataAnalysis and Reporting (No Change) Chapter 17: InspectorLicensing and Certification (No Change) Chapter 18: Public Information and ConsumerProtection (No Change) Chapter 19: Improving RepairEffectiveness (No Change) Chapter20: Compliancewith Recall Notices (No Change) Chapter21: On-Road Testing (No Change) Chapter 22: State Implementation Plan Submission (No Change)

IXAppendix
A

B



## c

D



### E

F

G

H

I

J

K

L LIST OF APPENDICES (Revised) AppendixName 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 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 (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 ofTexas, 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 ofTexas, 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 ofVehicles (No change) Rules and Regulations for Official Vehicle Inspection Stations and Certified Inspectors, TexasDepartment ofPublic 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 TestingProgram") Texas Natural Resources Conservation Commission and Texas Department of Public Safety Memorandum ofUnderstanding, January 22, 1997 (No change)

XLIST OFATTACHMENTS (NewHeading Title Only) Attachment 

### A Technical Supplement: Inspection and Maintenance Performance Standards for Low-Enhanced Program Areas (No change)

xiCHAPTERl: GENERAL (Revised)

The October26, 2005, state implementation plan (SIP) submittal was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, in addition to new information where noted. Language was added in this chapterregarding the low-volume emissions inspection station definition, public hearings, and health effects. 1.1 PURPOSE (Reorganized Content) The purpose ofthis 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 ordesign 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 ofurban smog. Tropospheric ozone is an air pollutant that is harmful to breathe and damages crops, trees, and othervegetation. 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 ofthe Federal Clean AirAct (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 ofheat and sunlight. NOx is produced primarily during the combustion offossil fuels, such as gasoline, diesel, natural gas, and coal. Major sources ofNOx 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 ofbiogenic 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 ofthe state. In addition, the 

### 11M program reduces CO emissions, although all areas ofTexas are monitoring compliance with the 1997 CO National Ambient Air Quality Standard {NAAQS). 1.2 BACKGROUND (ReorganizedandNew 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 ofAutomotive Repair (BAR)-84 low-speed idle four-gas analyzer was used to detect 1-1CO 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 ofEnvironmental 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 ofthe 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 ofthe three program standards: a basic, low-enhanced, or high-enhanced performance standard. The rule also allowed nonattainment areas with an urbanized area ofless than 200,000 people to opt out ofthe vehicle emissions testing program ifthe area could meet other FCAA requirements. In addition, the rule allowed states to authorize low-income time extensions more than once in the life ofa 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 ofthe 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 ofsafety 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 TSIand OBD inspections. Beginning December 31, 20I0, the vehicle emissions inspection limit for low-volume emissions inspection stations changes to comply with the requirements ofSection 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 ofthe I-2J/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 HEALTHEFFECTS (New Subtitle witlr ReorganizedandNew 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 longerthan one hour. High concentrations ofone-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 airperpound ofbody weight than adults and because children's respiratory systems are still developing. Children also spend a considerable amount oftime outdoors during summer and during the start ofthe 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 bindsto blood hemoglobin, which decreases the oxygen-canying capacity ofthe 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, ordiabetes. 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 PUBLICHEARINGSINFORMATION (ReorganizedandNew Content) The commission will hold public hearings on this proposed liM SIP revision and associated rulemaking atthe following times and locations: CITY DATE TIME LOCATION FortWorth 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, BuildingE, Room 20IS Houston July 22, 2010 3:00p.m. Houston-Galveston AreaCouncil 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 staffmembers will be available to discussthe proposal 30 minutes priortothe hearings.

1-3The comment period will open on June 18, 2010, and close on July 26, 2010. Written comments will be accepted via mail, fax, orthrough 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, ChiefEngineer'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. Commentsmustbe received by July 26, 20l0. Copies ofthe proposed SIP revision and all appendices can be obtained from the TCEQ's Web site athttp://www.tceq.state.tx.us/implementation/air/sip/sipplans.htmI. 1.5 SOCIALAND ECONOMIC CONSIDERATIONS (No change) For a detailed explanation of the social and economic issues involved, please refer to the preamblethatprecedestheproposed rule package accompanyingthis SIP. 1.6 FISCALAND MANPOWERRESOURCES (No change) The TCEQ has determined that its fisca.l and manpower resources are adequate and will not be adversely affected through implementation ofthis plan.

1-4CHAPTER2: APPliCABILITY (Revised)

The October26, 2005, state implementation plan (SIP) submittal was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, in addition to new information where noted. The definition ofthe low-volume emissionsinspection station in this chapterwas modified to comply with the requirements ofHouse Bill715, 8lstTexas Legislature, 2009, Regular Session, and language was added regarding nonattainment area designations and classifications. 2.1 LEGALAUTHORITY (New Subtitle witllReorganizedContent) 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 Sunsetprovisions. 2.2 AREA DESIGNATIONS (New Subtitle with ReorganizedandNew 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 (NewSubtitle with ReorganizedContent) 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 liMprogram 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 ofemissions 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 to40 CFRParts 51 and 85. 2.4 APPliCABLEAREAS (New Subtitle Only) 2.4.1 Beaumont-PortArthur(New Subtitle with ReorganizedandNew Content) Under the one-hour ozone NAAQS, Beaumont-Port Arthur (BPA) was classified as a serious ozone nonattainment area with an urbanized population ofless 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 ofless 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-FortWorth (NewSubtitle with ReorganizedandNew 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.

2-1On 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 ofOBD 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 ReorganizedandNew 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) areatransitioned 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, FortBend, Galveston, and Montgomery Counties in the HGB area. All vehicle emissions inspection stations in the HGB 

### 11M program areas are required to offerboth 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 ElPaso (NewSubtitle witll ReorganizedandNew Content) Underthe one-hour ozone NAAQS, El Pasowas classified as a serious ozone nonattainment area. Underthe 1997 eight-hour ozoneNAAQS, 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 oftheFederal 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 inspectionstations in the ElPaso area are required to offerboth TSI and OBD inspections.

2-2

### CHAPTER3: INSPECTION AND MAINTENANCEPERFORMANCE STANDARDS (No Change)

3-1

### CHAPTER4: NETWORKTYPEAND PROGRAMEVALUATION (No Change)

4-1CHAPTER5: ADEQUATETOOLSAND RESOURCES 

### (No Clwnge)

5-1

### CHAPTER6: TESTFREQUENCYAND CONVENIENCE (No Change)

6-1CHAPTER 7: VEHICLE COVERAGE 

### (No Change)

7-1

### CHAPTER8: TESTPROCEDURES, 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 ofinformation, 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 ofthe specifications, which were formerly included as an appendix to the inspection and maintenance (VM) SIP. In addition, the "Specificationsfor 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 chapterto satisfy the requirements of40 Code ofFederal Regulations (CFR) §51.358(c). 8.1 GENERAL(NewSubtitle witllNew 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 thatthe specifications must describe the inspection process, the necessary inspection equipment, the required features, and written acceptancetesting procedures. 

### 8.2 INSPECTIONPROCESSAND STANDARDS (RevisedSubtitle 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-FortWorth (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 simulationmode (ASM), two-speed idle (TSI), orOBD 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 subjectto anti-tamperingchecks including:

• the exhaust gas recirculation system; • the evaporative emissions control system; • the positive crankcase ventilation system; • the thermostatic air cleaner; • the airinjection system; and • the catalytic converterfor selected model-years.

8-1Evaporative 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 areaand 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 ofeach inspection. A copy ofthe inspection results can be obtained from any inspection station within 13 months ofthe 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 ofthe 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 ofany 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 ofany pollutant level results in a second failure ofthe vehicle. Vehicles will fail visual inspections of subject emissions control devices if such devices are part ofthe original certified configuration and are found to be missing, modified, disconnected, improperly connected, or found to be incorrectfor 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 sensingto identify high-emittingvehicles 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 accordingto reliable engineering practicesto assure the accuracy ofthe inspection. 8.3 INSPECTIONEQUIPMENTAND REQUIREDFEATURES (RevisedSubtitle,formerly 

### 8.2) 8.3.1 General Information (New Subtitle withReorganizedandNew 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 8-2addition, 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 11Mprogram as necessary to meet the criteria specified in this section. 8.3.2 TSIInspection Equipment(RevisedSubtiJle witll ReorganizedandNew Content) The TSI emissions inspection equipment consists ofa 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 ShortTest Equipment. The most recent version ofspecifications for TSI equipment is available atthe TCEQ'scentral 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 ASMInspection Equipment (RevisedSubtitle with ReorganizedandNew Content) ASM inspection equipment consists ofa 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 ofthe 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 ofthe ASM equipment and inspection criteria including the required speed, actual vehicle speed and engine RPM, andnumber ofseconds 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 of25 percent ofthe 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 atthe TCEQ's central office orat 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 OBDInspectionEquipment (RevisedSubtitlewith ReorganizedandNew 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 ofAutomotive Engineers (SAE). The OBD inspection equipment is 8-3tethered to the emissions analyzer. The most recent version ofspecifications for OBD equipment is available atthe TCEQ's central office or at http://wwv.·.tceq.state.tx.us/assets/publie/implementation/air/ms/1M/txvehanlspecs.pdf.
8.4 ACCEPTANCETESTPROCEDURES (New Subtitle Only) 8.4.1 TSI and ASMInspection Equipment (New Subtitle witll New Content) The acceptance test procedures contained in this section apply to the exhaust gas analyzer component ofthe 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 withNew Con/en/) The accuracy test described in this section confirms the ability ofthe candidate analyzer to read various concentrations of gases within acceptable tolerances. The accuracy test compares the response ofthe instrument within the candidate analyzer with that of standard instruments and estimatesthe uncertainty ofthe 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 tothis 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, I0 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 ofsteps. 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, includingnegatives. 3) Repeat steps one and two four more times for the candidate analyzer, which means that the candidate analyzerwill have conducted this sequence atotal offive times. 4) Use tbe following sequence ofsteps to complete tbe accuracy test calculations tbat will determine the uncertainty ofthe candidate analyzer. (i) Calculate the average value of each concentration for the readings of the standard instruments. (ii) Calculate the mean and standard deviation ofeach 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 ofthe candidate analyzer. (iv)Foreach concentration, compute theY1andY2 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 ofcandidate analyzer readings (v) Compute the uncertainty (V1 and V2) ofthe calibration curve for each concentration using the following formula and the Y1and Y2values 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, InstrumentRanges, Accuracy, andRepeatability 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, andRepeatability. 8.4.1.2 Repeatabilitv (New Subtitle withNew Content/ The repeatability test characterizes the ability ofthe instrument within the candidate analyzer to give consistent readings when repeatedly sampling the same gas concentration. The repeatability test is performed by completingthe following sequence ofsteps. I) Introduce the gas high range span gas through the calibration port. Record thereadings. 2) Purge the candidate analyzer with ambient air for at least 30 secondsbut 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, andRepeatability.

8-58.4.1 .3 Response Time (New Subtitle withNew Content! The response time test determines the speed ofresponse ofthe instrument within the candidate analyzer when a sample is introduced at the sample probe. The response time test is performed by completing the following sequenceofsteps. 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 ofthe 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 ofthe stabilized reading in step three. 6) Repeat steps one, two, and threetwo more timesto obtain three sets ofreadings. 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 ofa step change in input. The response time for a step change in NO from a stabilized reading to I0 percentofthatreading must be no longerthan 12 seconds. 8.4.1.4 Interference Effects (New SubtitlewithNew Content/ The interference effects test is performed to determine ifthe candidate analyzer readings for one gas adversely affectthe readings ofother gases. The following acceptance test procedure must be performed at45, 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 presenceofthe each ofthe following gases: (i) 16 percent C02 in nitrogen; (ii) I,600 ppm hexane in nitrogen; (iii) I0 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 percentfor 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 ofhot humid air on the candidate analyzer and is performed using the following description. Water saturated hot air mustbe drawn through the probe from the top ofa sealed vessel partially filled with waterthrough 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 onlythe 75 and 105°F conditions. Acceptance Criteria: The interference effects from non-interest gases must not exceed +/- 4 ppm for HC, +/- 0.02 percentfor CO,+/- 0.2 percentfor C02, and+/- 20 ppm for NO. 8.4.1.6 Electromagnetic Isolation and InterferenceTests !New Subtitle withNew Content) The electromagnetic isolation and interference test, which is comprised offive individual tests, measures the ability ofthe 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 ofthe candidate analyzer. The readings from the candidate analyzer are recorded duringthe test periods. I) RadioFrequency 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 ofthe 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 analyzerreadings. (iv) Start the engine. With the hood open and sample gas flowing to the candidate analyzer, cycle the engine from idlethrough 25 mph on the dynamometer at the ASM load specific to thetestvehicle and record the candidate analyzerreadings. (v) Relocate the candidate analyzer to within six inches ofone side ofthe 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 ofthe other side ofthe vehicle near the engine compartment. Follow the procedure described in step (iv) and record the candidate analyzerreadings.
8-7Acceptance Criteria: The candidate analyzer readings must not exceed +/- 0.5 percent full scale. 2) Induction Field Test: The induction field test determines the effect ofmagnetic 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 ofpower 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 ofa sixteen gauge, three conductor wire extension cord approximately 20 feet long. Connect the candidate analyzer into the other outlet ofthe extension cord. Repeat the drill speed variations and movements in the same mannerdescribed 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 ofvery 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 ofboth 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 ConditionsTest: 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 ofthe candidate analyzer. Display the ambient conditions on the candidate analyzer and a master weather station. Allow five minutes for the readings to stabilize and comparethe 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 withNew Content! The dilution test determines the candidate analyzer's ability to accurately measure actual vehicle exhaust gases and is performed usingthe following sequence ofsteps.
8-8I) 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, ifneeded. The vehicle's idle speed must be set to 900 RPM with a tolerance of +/-20RPM. 2) With a laboratory grade analyzer, sample the exhaustat 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 datamay be used to detect the point ofstable readings. 3) While operating the candidate analyzer in a mode which has the same flow rate as the official inspection mode, record the levels ofHC, CO, NO, C02, and 0 2• Ensurethat 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 I0 percent ofthe average ofstepstwo and four. 8.4.1.8 DualExhaust Probe SystemFlow Rate Test (New Subtitle withNew 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 usingthe following sequence ofsteps. I) With a laboratory grade analyzer.flow measurement system, allow ambient air to flow through the probes from the dual exhaust probe system. 2) Settheflow rate tothe normal flow rate generated bythe sample system pump. 3) Measurethe flow rate in each leg ofthedual probe system. 4) Setthe flow rate equal tothe onset ofthe low flow condition ofthe analyzer. 5) Measurethe flow rate in each leg ofthedual probe system. Acceptance Criteria: Theflow rate ofthehigher leg ofthe dual exhaust sample probe system must not exceed 15 percent ofthe flow rate ofthe lower leg. However, the flow rate in each leg ofthe dual probe system are expected to be equal. 8.4.2 Dynamometer(NewSubtitle withNew Content) The acceptancetestprocedures 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) orEPA's applicableupdatetothis document. 8.4.2.1 Load Cell Verification (ifequipped) (New Subtitle withNew Content) This load cell verification test confirms the proper operation ofthe dynamometer load cell and associated systems and is performed usingthefollowing sequenceofsteps. Weights in the proper 8-9range must be supplied by the manufacturer ofthe candidate analyzer. Weights must be National Institute ofStandards and Technology traceable to 0.1 percent ofpoint. I) Calibratethe load cell according to the candidate analyzer manufacturer'sdirection. 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 ofthree readings for each weight. Calculate the average value for each weight. Multiply each average weight by the length ofthe torque arm. Acceptance Criteria: The difference for each reading from the weight must not exceed one percentoffull scale. 8.4.2.2 Speedometer Verification (New Subtitle withNew Content/ The speedometer verification test confirms the accuracy ofthe 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 ofParasitic Losses (New Subtitle withNew Content/ The verification ofparasitic 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 ofthe parasitic losses at 25 and 15 mph. The indicated horsepowermust be setto zerofor the tests. Acceptance Criteria: The difference between the externally calculated value and the machine calculated value must not exceed 10 percent ofthe independently measured value. 8.4.2.4 VerifY Coast Down (New Subtitle withNew Content/ The coast down verification test confirms that the dynamometer can accurately coast down from 30 to 20 mph and from 20 to I0 mph within the expected time limits and is performed using the following sequence ofsteps. 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 updateto this documentto verifythe coastdown at 25 mph. 2) Use the coastdown 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 documenttoverifythe coastdo"11 at 15 mph. Acceptance Criteria: The measured 30

- 20 mph coast down time and the 20

- I0 mph coast down time must be insidethe window bounded by CCDT in seconds with a tolerance of+/- 7 percent. 8-108.4.3 AcceptanceTestProceduresfor OBDInspection 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 INSPECTIONEQUIPMENT CERTIFICATIONREQUIREMENTS (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/publie/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-bypointresponse to specific requirements; • place the most recent version of analyzer software source codes and other pertinent technical information in an escrowplacement approved bytheTCEQ; and • furnish a performance bond tothe TCEQthat must remain valid for the entire time period that the manufacturer participates in the VMprogram. 8.6 DETECTIONMETHODS,INSTRUMENTRANGES, ACCURACY,AND REPEATABILITY (New Subtitle withNew Content)
HC analysis must be determined by a non-dispersive infrared (NDIR)analyzer and must coverat leastthe range of0

- 9,999 ppm HC, where ppmHC is ppm ofHC volume as hexane. The accuracy ofthe instrument from 0- 2,000 ppm HC must be+/- 3 percentofpoint or4 ppm hexane, whichever is greater. The accuracy ofthe instrument between 2,001-5,000ppmHC mustbe at least+/- 5 percent ofpoint. The accuracy ofthe instrument between 5,00I

- 9,999 ppmHC mustbe at least +/- I0 percentofpoint. CO analysis mustbe determined by anNDIRanalyzer and must coverat least the range of0.00

- 14.00percent CO, where percent CO is percentvolume CO. The accuracy ofthe instrument between 0.01- 10.00percent CO mustbe+/- 3 percentofpoint or0.02 percentCO, whichever is greater. The accuracy ofthe instrument between 10.01

- 14.00percent mustbe at least +/-5 percent ofpoint. C02 analysis mustbe determined by anNDIRanalyzerand mustcover at least the range of0.0- 18.0percent C02• The accuracy ofthe instrument between 0.01- 16.00 percent C02 must be+/- 3 percentofpointor0.3 percent C02, whichever is greater. The accuracy ofthe instrument between 16.01- 18.00percent C02 mustbe at least+/- 5 percent ofpoint.
NO analysis mustcoveratleastthe range ofO- 5,000 ppm NO. The accuracy ofthe instrument between 0- 4,000ppm must be atleast+/- 4 percent ofpoint or25 ppmNO, whichever is greater. The accuracy ofthe instrument between4,001

- 5,000ppmmust be at least+/- 8 percent ofpoint. 8-110 2 analysis must cover at least the range ofO.O- 25.0 percent 0 2. The accuracy ofthe instrument overthis range must be at least 5percent ofpoint or+/- 0.1 percent0 2, whichever is greater.
ForHC, the repeatability for the analyzer in the range of0 - I,400 ppm HC must be 2 percent of pointor 3 ppm HC absolute, whichever is greater. ln the range ofI,400- 2,000 ppm HC, the repeatability must be 3 percentofpoint. For CO, the repeatability for the analyzer in the range of 0- 7.00 percentCO must be 2 percent ofpoint or 0.02 percent CO absolute, whichever is greater. In the range of7.00- 10.00 percent CO, the repeatability must be 

### 3percent ofpoint. ForC02, the repeatabilityfor the analyzer in the range of0

- I0.00 percent C02must be 2 percent ofpoint or0.1 percent C02 absolute, whichever is greater. In the range ofI0.00- 16.00 percent C02, the repeatability must be 3 percentofpoint. ForNO, the repeatability ofthe analyzer must be 3 percent ofpoint or20 ppm NO, whichever is greater. For0 2, the repeatability ofthe 0 2 analyzer must be 

### 3 percent ofpointor0.1 percent 0 2, whicheveris greater. Rounding ofreading values must follow the standard mathematical practice ofgoing tothe next higher number for any numericalvalue offive ormore. Forexample, 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. Ifthe reading is 2.0050, thevaluemust be rounded up and the decision must be a fail. The value displayed and printed on the inspection report must be consistentwith thevalue used for the pass/fail decision. 8.7 REFERENCES (NewSubtitlewith New Content) EPA, 2001. Performing Onboard Diagnostic System Checks as Part ofa Vehicle Inspection and MaintenanceProgram, EPA420-R-Ol-015, June 2001, http://www.epa.gov/OMS/regs/im/obd/rOI015.pdf EPA, 2004. Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control Requirements, and Equipment Specifications, EPA420-B-04-0II,July 2004, http://www.epa.gov/oms/regs/im/420b040ll.pdf

8-12CHAPTER9: QUALITY CONTROL 

### (Revised)

The October26, 2005, state implementation plan (SIP) submittal was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, 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 

### (ReorganizedandNew Content) Quality control (QC) measures are implemented by the Texas Department ofPublic 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 ofSubpart S of40 Code ofFederal 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 ofthe 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 ofQC 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 ofthe 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/orhuman error; • secure from tampering and/or abuse; • based upon written specifications; and • capable ofsimultaneously 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 EQUIPMENTCALffiRATIONAND 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 Ato SubpartS- Calibrations, Adjustments, and Quality Control. Any modification ofthese 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. 9-1Complete records on repairs, software modifications, and calibration ofall 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 engineeringpractices in orderto 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 ensuresthe 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 ofthe lower portion ofthe windshield on the driver's side to prevent theft or removal. Removal ofan inspection certificate by breaking into a vehicle is a felony offense.

9-2CHAPTER 10: WAIVERSAND TIME EXTENSIONS (No Cfla11ge)

10-1CHAPTER 11: MOTORISTCOMPLIANCE ENFORCEMENT (Revised)

The October26, 2005, state implementation plan (SIP) submittal was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, in addition to new information where noted. The reference to "Specifications for VehicleExhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program," in this chapterwas modified to indicate the new location. 11.1 GENERAL (New Subtitle witll ReorganizedContent) 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 ofTranspo1·tation, Vehicle Titles and Registration Division, 2000SummerResearchProjectParkingLotSurveyReport, 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 ofcertain provisions ofTexas Transportation Code (TTC), Chapter 548, which includes emissions-related inspections. 11.2 RE-REGISTRATIONDENIAL (New Subtitle wit/1 ReorganizedContent) 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 liMprogram requirements. 11.3 STICKER-BASEDENFORCEMENT (New Subtitlewith ReorganizedandNew 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 comparethe county ofregistration and the county ofinspection. Inspection certificates have a DPS seal, a unique number, and tear when removed. Additional security features are routinely addedtodeter 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 ofthe liM SIP and are now available atthe TCEQ'scentral 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 11-1misdemeanor) 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 ofre-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 ofobtaining an inspection certificate in a neighboring county to avoid the emissions portion ofthe inspection may be charged with willful purchase ofa fraudulent inspection certificate. 11.4 ADDITIONALENFORCEMENTACTIVITIES (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 changedwill be flagged in theVID. The commission will analyze this datafor 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 ofthe 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 ofownership) 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 proofin the form ofthe following documents:

• a vehicle inspection report; or • anotherproofofcompliance as authorized by the DPS. The !est-on-resale requirement does not apply to 1996 and newer model-year vehicles with less than 50,000miles.

11-2

### CHAPTER 12: ENFORCEMENTPROGRAM OVERSIGHT (No Change)



### 12-1CHAPTER 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: DATAANALYSIS AND REPORTING (No Cha11ge)

16-1

### CHAPTER 17: INSPECTORLICENSING AND CERTIFICATION (No Cha11ge)

17-1CHAPTER 18: PUBLICINFORMATIONAND CONSUMERPROTECTION (No Change)

18-1

### CHAPTER 19: IMPROVING REPAIREFFECTIVENESS (No Change)

19-1CHAPTER20: COMPLIANCEWITHRECALLNOTICES (No Change)

20-1CHAPTER21: ON-ROADTESTING (No Clrange)

21-1

### CHAPTER22: STATE IMPLEMENTATIONPLAN SUBMISSION (No Change)

22-1

# WRITTEN AND ORAL TESTIMONY

### ReferenceNumber W-1 INDEX OFWRITIENTESTIMONY

Submitted

### by Guy Donaldson, UnitedStates Environmental ProtectionAgency

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS



### Mr. 

### MichaelParrish MC 205, Office ofLegal Services 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733



### JUN 2 3 

### 2010

Texas Commission onEnvironmental Quality P. 0. Box 

### 13087 Austin, 

### Texas 78711-3087
DearMr.

### Parrish: 

# W-1

Thankyou forthe opportunityto comment onproposed revisions to

### 30 Texas Administrative Code Chapter 114, Control of

### AirPollution fromMotorVehicles, andthe stlrteimplementationplan.
We supportthe proposedrevisions to§§ 114.2, 114.51, 114.52, and 114.64. None ofthese revisions impactthe program design, programperformance criteria, oremission inspectionprocedures. Theserevisions will

### update therule to matchcurrentprogram conditions as well as implement legislative changes. Changing specific document dates to referencethe most recentversion improves SIP efficiency forboth agencies. We continue to 

### supporttheLowIncomeRepair AssistanceProgram even as reimbursementrules are revised.
If we 

### canbe ofany assistanceto you in

### future rule developmentregarding mobile sourceprograms, please feel free to contact me or Sand Rennie ofmy staffHI: 

### (214} 665- 7367. Sincerelyyours,

Guy Donaldson, Chief 

### AirPlanning Section

InternetAddress (URL) • http;//www.epa.gov/ear!h1r6( Recycled/Recyclable

- Printed wtlh Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

### INDEXOFORALTESTIMONY



### NO ORALTESTIMONYWASRECEIVEDPERTAININGTOTHISSIPREVISION.

## - 1 - 

# Texas Commission on Environmental Quality Public Hearing Registration
Date: July20, 2010 Time: 2:00 PM
Rule Project Nos.: 2009-027-114-EN and 2009-035-SIP-NR ShortTitle: 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-FortWorth Public Meeting Room, 2309 Gravel Road, FortWorth, Texas Concerning: Proposed revisions to 30 TAG Chapter 114and 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 ONENVIRONMENTALQUALITY

HEARING OFFICERREPORT

I am 

### the hearing officer assigned to conduct the public hearing regarding Rule Project No. 2009-027-114-EN and ProjectNo. 2009-035-SIP-NR concerniD.g HB715: Vehicle Emissions Testing Limit and Emissions Testing Analyzer SpecificationsRule Revision; and Inspectionand 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 formallyopenedfor 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: 10:00AM

ShortTitle: 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 30TAG Chapter 114 and tothe SIP 

## - 1 -

Name and Phone No. or E-mail Address (Please Print) Representing Presenting Oral Testimony? (Circle One)

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### HEARING OFFICERREPORT

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; andInspectionandMaintenance SIP Revision.
A public hearing was scheduled for July 21, 2010, at 10:00 am. 

### in Austin 

### at TCEQ, BuildingE, Room 201S, locatedat 12100Park

### 35 Circle.
At 9:15 a.m. theroom

### was**o~** TCEQ 

### staffand a courtreporterwere present 

### and ready to open the hearing for public coinment. After 

### waiting until 10: 10 am., no one had arrived tomake comments ontherecord. Therefore,thepublichearing was not fonnally opened for comment

### and atranscriptwas notprepared.

earing Officer 

# 01 

# IaJ/Jo

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# Texas Commission on Environmental Quality Public Hearing Registration
Date: July22, 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 EmissionsTestingAnalyzer 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**

### ONENVIRON11ENTAL QUALITY

HEARING OFFICERREPORT



### I am 

### the hearing officer assigned to conduct the public hearing regarding Rule Project No. 2009-027-114-EN and ProjectNo. 2009-035-SIP-NR. concerning HB715: Vehicle EmissionsTesting Limit and Emissions Testing Analyzer 

### Specifications Rule- Revision; andInspectionandMaintenance SIP Revision.
A public hearing was scheduled for July 22, 2010, at 3:00 p.m. 

### in Houston at the Houston-GalvestonArea Council, Conference RoomA, 

### located at 3555 TimmonsLane.
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 commentandnotranscriptwasprepared.

Date signed

# EVALUATION OF TESTIMONY

# Texas Commission on Environmental Quality INTEROFFICE MEMORANDUM

To: Commissioners Date: October 29,2010 Thru: LaDonna Castafiuela, ChiefClerk MarkR. Vickery, P.G., Executive Director
From: SusanaM. Hildebrand, P.E., Chief

# Engine~ Docket No.: 2009-1613-SIP Subject: Requesting Commission Approval to Adopt aRevision to the Inspection and Maintenance 

### (VM) State Implementation Plan (SIP) 

### VM SIP Revision ProjectNo. 2009-035-SlP-NR Background and reason(s) forthe stateimplementation plan revision: BackgroundInformation 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 ofvehicles 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 oflow-volume emissions inspection stations. The low-volume emissions inspection station designation was established because of the cost differential ofASM 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 ofthe 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 ofPublic 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 ofHouse 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 ofthe 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 OBDCommissioners Page 2 October 29, 2010
Re: DocketNo. 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 ifit results in no additional cost to vehicle inspection station owners. Each time the TAS were modified, staffincorporated the necessary software enhancements into a draft version ofthe 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 ofthe SIP revision: The adopted VM SIP revision will implement the changes required in HB 715 related to modif)'ing the number ofinspections 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 ofat 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 TAS. The adopted revision will also remove theTAS from the appendices ofthe 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 ofthis executive summary. In addition, the adopted 1/M SIP revision will include various non-substantive changes to apply appropriate and consistent use ofacronyms, section references, stmcture, formatting, and certain tenninology. A) Summaryofwbatthe SIP revision will do:
Low- Volume EmissionsInspection Stations The adopted VM SIP revision will modifY the definition ofa 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 thatthe defmition for a low-volume emissions inspectionCommissioners 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" oftheTAS 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 appendixto 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! assets!publiclimplementatlon/ air!ms!IM!txvehanlspecs.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 of40 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 acceptancetesting procedures. B) Scope required by federal regulations orstatestatutes:
Low-Volume EmissionsInspection 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 ofat least !50 OBD inspections per month as required by HB 715. C) Additional staffrecommendations that arenot required by federal rule or state statute:
TAS The adopted liM SIP reviSion to change the way the commission approves minor non-programmatic modifications totheTAS is not required by federal rule or state statue, but is essential to the operation ofthe liM program because it allows staffto implement minor non-programmatic modifications to the TAS in a timely manner. Statutoryauthority: The liM SIP revision is adopted under Texas Water Code (TWC), §5.102, General Powers, TWC, §5.103, Rules, and TWC, §5.105, 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 ofCommission, which states the commission's authority over various statutory programs. The revision is also adopted under Texas Health and Safety Code (THSC), §382.017, 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 ofthe 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, consistentwith the protection ofpublic health, general welfare, and physical property; THSC.Commissioners Page 4 October 29, 2010
Re: DocketNo. 2009-1613-SIP §382.011, General Powers and Duties, which authorizes the commission to control the quality ofthe state's air; THSC, §382.012, State Air Control Plan, which authorizes the commission to prepare and develop a general, comprehensive plan for the control ofthe 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 ofmotor vehicles to be performed at inspection facilities consistent with the requirements ofFederal Clean Air Act, 42 United States Code, §§740I et seq.; and THSC, Chapter 382, 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 ofthe 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 ofvehicle 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 ofinspections 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. Predictingthe magnitude ofthe increase or decrease experienced by eachtype ofstation 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 offull-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, 20I0
Re: DocketNo. 2009-1613-SIP C) Agency programs: Low- Volume EmissionsInspection Stations The adopted liM SIP revision regarding the definition ofthe 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 modificationstotheTAS 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, 20I0. No member ofthe public wished to present comments, so staffdid 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 forthe VM program and the Low Income Repair Assistance Program. Significant changes from proposal: None Stakeholdermeetings: Stakeholdermeetingswere not held. Potential controversialconcerns and legislative interest remaining afterproposal and public comment: None Does this SIP revision affect any currentpolicies orrequire development ofnew 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 currentL'M SIP.
TAS Under the current policies, implementing minor non-programmatic modifications to the TAS may take up to 30 months. The process includes approximately 12 to 18 months to revisethe 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 staffto 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 October29, 2010
Re: Docket No. 2009-1613-SIP
Whatare the consequences ifthis 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 setthe inspection limit for low-volume emissions inspection stations.
TAS Minor non-programmatic modifications to the TAS 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 TAS may require up to 30 months to implement. Key points in the adoption SIP revision schedule: Proposaldate: Texas Registerproposal publication date: Anticipated Texas Registerpublication date: Anticipated effective date: Six-month Texas Registerfiling deadline: Agency contacts: June 16,2010 

### NIA N/A 

### NIA NIA

EdgarJ. Gilmore, Jr., Rule Project Manager, 239-2069, Air Quality Division Ross Henderson, StaffAttorney, 239-6257, Environmental Law Division Attachments: HB 715

cc: ChiefClerk, 2 copies Executive Director's Office Susana M. Hildebrand, P.E. Kevin Patteson Curtis Seaton Daniel Womack Office ofGeneral Counsel EdgarJ. Gilmore Jr.RESPONSETOCOMMENTSRECEIVEDREGARDING THE INSPECTIONAND MAINTANANCE (11M) STATE IMPLEMENTATIONPLAN (SIP)REVISION

Public hearings for this proposed liM SIP revision were offered on July 20, 20I0, at 2:00 p.m. at the Texas Commission on Environmental Quality (TCEQ), Region 4 Office, Dallas-Fort Worth Public MeetingRoom, on 2309 Gravel Road in Fort Worth; on July 21,2010, at 10:00 a.m. at the TCEQ, Building E, Room 201S, on 12100Park 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 becauseno party indicated a desire to give comment. The comment period opened on June 18, 2010, and closed on July 26, 2010. The commission received onecomment from the United StatesEnvironmentalProtectionAgency (EPA). The EPA expressed support for the proposed liM SIP revision and expressed continued support forthe liMprogram 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 theLIRAP. No changesweremadeto the 11M SIP based onthis comment.

# STAFF RECOMMENDATIONSREVISION TO THE STATE IMPLEMENTATION PLAN MOBILE SOURCE STRATEGIES

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN, TEXAS 78711-3087

TEXAS INSPECTION ANDMAINTENANCE STATEIMPLEMENTATIONPLANREVISION

DOCKETNUMBER: 2009-1613-SIP 30 TEXAS ADMINISTRATIVECODE CHAPTER 114

PROJECTNO. 2009-035-SIP-NR Adoption November 18, 20I0Thispage intentionally leftblank.**EXECUTIVESU~Y** Section I ofHouse 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 ofthe 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 peryear. HB 715 revised TexasTransportation 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 stationsto fewerthan 150 OBDinspections permonth.
On October 26, 2005, the commission adopted revisions to the liM state implementation plan (SIP). These revisions required manufacturers ofvehicle 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 TAS have been modified four times to improve oversight and enhance effectiveness ofthe 11M program but have not been incorporated into the 11M SIP. These minor non-programmatic modifications did not affect the vehicle emissions inspection procedure orthe 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 ofimproper inspections, and updatesto internal reference tables used to determine the applicablevehicle emissions inspection criteria.
This 11M SIP revision incorporates changes needed to comply with the requirements ofHB 715. In addition, this revision will define the TAS as "the most recent version" resulting in a more streamlined process for minor non-programmatic modifications to the TAS and allow staffto implement minor non-programmatic modifications including updates to accommodate new technology vehicles, enhancements to the method ofcollecting inspection data, and updates to internal reference tables. No modification will be considered a minor non-programmatic modification ifit results in additionalcosts to vehicle inspection station owners. Modificationsto the 11M program design, performance criteria for the vehicle emissions inspectionanalyzer, orthe vehicle emissions inspection procedure are considered programmatic modifications and will not be implemented unless commission approval is received through the SIP revisionprocess. This revision will also remove the "Specifications forVehicle Exhaust Gas Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program" as an appendix to the 11M SIPand modify its corresponding references while satisfying the requirements of40 Code ofFederal Regulations (CFR) §51.358(c) with the language contained in Chapter 8: Test Procedures, Standards, and Test Equipment ofthe 11M SIP. Inaddition, 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 TAS 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 beloware specific revisions made in this 11M SIP:

• in Chapter I : General, o revisedthetitle, ES-1o reorganized the content ofSection 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 ofozone and carbon monoxide in Section 1.3: HealthEffects, and o reorganized content and added language regarding public hearings to Section 1.4: PublicHearings 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: ElPaso o added a new subtitle in Section 2.4: ApplicableAreas, and o modifiedthe definition ofa low-volume emissions inspection station in Section 2.4.2: Dallas-Fort Worth and Section 2.4.3: Houston-Galveston-Brazoria;

• in Chapter 8: TestProcedures, Standards, andTestEquipment, 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 ofParasitic 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, andRepeatability, 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 EquipmentandRequiredFeatures, 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: TSIInspection Equipment, Section 8.3.3: ASM Inspection Equipment, and Section 8.3.4: OBDInspection Equipment, o added a new subtitle in Section 8.4: Acceptance TestProcedures, 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: OBDInspection 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: DocumentSecurity;

• in Chapter II: Motorist ComplianceEnforcement, o added new subtitles with reorganized content in Section 11.1: General, Section 11.2: Re-registrationDenial, and Section 11.4: AdditionalEnforcementActivities, and

ES-2o added new subtitle with reorganized content and added language modifying the reference to the inspection equipment specifications in Section 

### 11.3: Sticker-Based Enforcement;

• inthe Listof Commonly Used Terms, o added candidate analyzer, non-programmatic changes, and Texas Department of Motorvehicles, 

### o removed extended Dallas-Fort Worth program area, state implementation plan, andTexas Department ofTransportation, 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 TestingProgram," dated May I, 2005, from the list ofappendices;

• added aListof Acronyms; and

• added aListof Attachments. This liM SIP revision also includes various non-substantive changes in each chapter to apply appropriate and consistent use ofacronyms, section references, structure, formatting, and certain terminology.

ES-3SECTIONV: LEGALAUTHORITY
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 AirAct ofTexas, 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 wascodified as Chapter 382 oftheTexas 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 ofthe TNRCC, the authority over air quality is found in both the Texas Water Code (TWC) and the TCAA. Specifically, the authority ofthe 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 ofthe 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 ofthe TCEQ to September I, 2011, unless continued in existence by the Texas SunsetAct. The TCAA specifically authorizes the TCEQ to establish the level ofquality to be maintained in the state's air and to control the quality ofthe 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 ofemissions; 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 ofthe state as well as with industries and the federal government; and to establish and operate a system ofpermits for construction ormodification offacilities. Local government authority is found in Subchapter E ofthe 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 territorialjurisdiction, 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 theTCAA and the rules ororders ofthecommission. Subchapters G and H of the TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistentwith the requirements ofthe 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 andauthorize participating counties to implement vehicle repair assistance, retrofit, and accelerated vehicleretirementprograms. 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 ofthe SIP.
Statutes All sections ofeach subchapterare included, unless otherwisenoted.
TEXAS HEALTH and SAFETY CODE, Chapter382 TEXAS WATERCODE Chapter5: TexasNatural Resource Conservation Commission SubchapterA: General Provisions September I, 2009 September I,2009

SubchapterB: Organization oftheTexasNatural Resource Conservation Commission SubchapterC: TexasNatural Resource Conservation Commission SubchapterD: General Powers and Duties ofthe Commission SubchapterE: AdministrativeProvisions for Commission SubchapterF: Executive Director (except §§5.225, 5.226, 5.227, 5.2275, 5.231, 5.232, and SubchapterH: Subchapter 1: SubchapterJ: 5.236) Delegation ofHearings Judicial Review ConsolidatedPermitProcessing SubchapterL: SubchapterM: Emergency and Temporary Orders (§§5.514, 5.5145, and 5.515 only) EnvironmentalPermittingProcedures ( §5.558 only) Chapter 7: Enforcement SubchapterA: General Provisions (§§7.001, 7.002, 7.00251, 7.0025, 7.004, and 7.005 only) SubchapterB: CorrectiveAction andInjunctive Relief(§7.032 only) SubchapterC: AdministrativePenalties SubchapterD: Civil Penalties (except §7.109) SubchapterE: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 Rules All ofthe following rules are found in Title 30, Texas Administrative Code, 

### as ofthe following effectivedates: Chapter 7: MemorandaofUnderstanding, §7.110 and §7.119 December 13, 1996 andMay 2, 2002 Chapter 19: Electronic Reporting Chapter35, SubchaptersA-C, K: Emergency and Temporary Orders and Permits; Temporary SuspensionorAmendment ofPermit Conditions Chapter39: 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 September23, 1999 and March29,2006

iiChapter 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 I0, 2008, and March 12, 2009 Chapter I0I: General Air QualityRules Chapter I06: PermitsbyRule, SubchapterA Chapter III: Control ofAirPollution from Visible Emissions and Particulate Matter Chapter 112: Control ofAirPollution from Sulfur Compounds Chapter I13: Standards ofPerformance 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 ofAir Pollutionfrom Motor Vehicles March 21,2010 Chapter 115: Control ofAir Pollution from Volatile Organic Compounds June 24,2010 Chapter 116: Permits for New Construction orModification June 24, 2010 Chapter 117: Control ofAirPollution from Nitrogen Compounds February4, 2010 Chapter 118: Control ofAir Pollution Episodes May 14,2004 Chapter 122: §122.122: PotentialtoEmit December II, 2002 Chapter 122: §122.215: Minor PermitRevisions June 3, 2001 Chapter 122: §122. 216: Applications for MinorPermitRevisions June 3, 2001 Chapter 122: §122.217: Procedures for Minor PermitRevisions December II, 2002 Chapter 122: §122.218: Minor Permit Revision Procedures for Permit Revisions Involving the Use ofEconomicIncentives, Marketable Permits, and Emissions Trading

iii June 3, 2001SECTION 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-PortArthur (No change) 4. ElPaso (No change) 5. RegionalStrategies (No change) 6. Northeast Texas (No change) 7. AustinArea(No change) 8. SanAntonioArea (No change) 9. VictoriaArea(No change)
C. Particulate Matter (No change)
D. Carbon Monoxide (No change)
E. Lead(No change)
F. Oxides ofNitrogen (No change)
G. SulfurDioxide (No change) H. Conformity withthe NationalAmbientAirQuality Standards (No change) I. Site Specific (No change)
J. Mobile Sources Strategies (Revised) I. Inspection/Maintenance

- (Revised) 2. Transportation ControlMeasures (No change) 3. Vehicle Miles Traveled(No change) 4. Clean Gasoline (No change) K. CleanAirInterstateRule (No change) L. Transport (No change)
M. Regional Haze (No change)

ivASM 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 OFACRONYMS
Acceleration Simulation Mode Bureau ofAutomotive Repair Beaumont-PortArthur Code ofFederal Regulations Carbon Monoxide Dallas-Fort Worth TexasDepartmentofPublic Safety EarlyAction Compact United States Environmental Protection Agency Federal CleanAirAct Full-TimeEquivalent Gross Vehicle WeightRating House Bill Hydrocarbon Houston-GalvestonAreaCouncil Houston-Galveston-Brazoria Inspection and Maintenance LowIncome Repair and AssistanceProgram MassEmissionsTransientTesting miles perhour National AmbientAirQuality Standard NorthCentral Texas Council ofGovernments Nitrogen Oxides On-Board Diagnostics parts per million Quality Control RevolutionsperMinute Society ofAutomotiveEngineers Senate Bill State Implementation Plan TexasAdministrative Code Texas Air Control Board Vehicle Emissions TestingAnalyzer Specifications Texas Clean AirAct Texas Commission on Environmental Quality (commission) Texas Health and Safety Code Texas Information Management System Texas Motorist'sChoice Program TexasNatural Resource Conservation Commission Two-Speed Idle Texas Transportation Code Texas Transportation Institute Texas Water Code Texas Department ofMotorVehicles United States Code Vehicle Identification Database Vehicle Identification Number Vehicle InspectionReport Volatile Organic Compound Vehicle RepairFonn



### vLISTOFCOMMONLYUSED TERMS Acceleration SimulatedMode (ASM) Inspection An emissions inspection using a dynamometer (a set ofrollers 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 of3.3 miles perhour (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 of25 percent ofthe vehicle's availablehorsepowerto accelerate at arate 3.3 mph at a constant speed of 25 mph. CandidateAnalyzer Vehicle inspection equipment submitted by the manufacturer to the TCEQ's executive director for approval tobe used inthe vehicle emissions inspection and maintenance (liM)program. Dallas-FortWorth (DFW) ProgramArea In coordination with the commission, the Texas Department ofPublic 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. ElPasoProgram Area In coordination with the commission, the DPS administers the vehicle emissions 11M program contained in the Texas 11M SIP. This program areaconsists ofEl Paso County. Emissions Tune-Up A basic tune-up along with functional checks and any necessary replacement or repair of emissions control components. ExhaustGasAnalyzer A device used to measure the amount ofemission gases in an exhaust sample. FleetVehicle Any motor vehicle operated as a member·ofa group ofmotor vehicles belonging to a single nonhousehold entity; any state or local government motor vehicle, including a motor vehicle exempted from payment ofa registration fee and issued a specially designated license plate; or any federal government motorvehicle, except for atactical military vehicle. Full-TimeEquivalent(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 oftime per year, this station employed one FTE. Gas CapIntegrityInspection 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.

VIHouston-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 ofthe following counties: Brazoria, Fort Bend, Galveston, Harris, and Montgomery.
11M Program A vehicle emissions inspection program as defined bythe United States Environmental Protection Agency (EPA) that includes, but is not limited to, the use ofcomputerized emissions analyzers, on-road testing, on-board diagnostic (OBD) inspections, and/or inspection ofvehicle emissions devices.
11M Program Areas County or counties where the DPS, in coordination with the commission, administers the vehicle emissions 11M program contained in theTexas 11M SIP.
Low-VolumeEmissions Inspection Station A vehicle emissions inspection station that meets all criteria for obtaining a low-volume waiver from the DPS. MinorNon-ProgrammaticModifications Minor non-programmatic modifications to the analyzer specifications include but are not limited to updates to accommodate new technology vehicles, enhancements to the method ofcollecting 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-BoardDiagnostics (OBD) The computer system installed in a vehicle bythe manufacturer, which monitors the performance ofthe 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 causethe vehicle notto meet emissions standards. Two-SpeedIdle (TSI) Inspection A measurement ofthe tailpipe exhaust emissions ofa vehicle while the vehicle idles, first at a lower speed and then again at a higher speed.
Texas DepartmentofMotorVehicles A state agency created by the 81st Texas Legislature, 2009, Regular Session from divisions formerly included in the Texas Department ofTransportation. VehicleEmissions 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. VehicleRepairForm (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. 

### viiTABLE OF CONTENTS
Executive Summary
Listof Acronyms
List of Commonly Used Terms Table of Contents
List of Appendices
Listof Attachments Chapter I: Geneml (Revised) 1.1 Purpose 1.2 Background 1.3 Health Effects 1.4 Public Hearings Information 1.5 Social andEconomic Considerations 1.6 Fiscal andManpowerResources Chapter 2: Applicability (Revised) 2.1 Legal Authority 2.2 AreaDesignations 2.3 Performance Standard 2.4 ApplicableAreas 2.4.1 Beaumont-PortArthur 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) Chapter4: NetworkType and ProgramEvaluation (No Revision) Chapter 5: AdequateTools and Resources (No Revision) Chapter 6: TestFrequency and Convenience (No Revision) Chapter 7: Vehicle Coverage (No Revision) Chapter 8: TestProcedures, Standards, and TestEquipment (Revised) 8.1 General 8.2 Inspection Process and Standards 8.3 InspectionEquipment and RequiredFeatures 8.3.1 Geneml Information 8.3.2 TSI InspectionEquipment 8.3.3 ASM InspectionEquipment 8.3.4 OBD InspectionEquipment 8.4 Acceptance TestProcedures 8.4.1 TSI andASM Inspection Equipment 8.4.1.1 Accumcy 8.4.1.2 Repeatability 8.4.1.3 Response Time 8.4.1.4 Interference Effects 

### viii8.4.1.5 Water SaturatedHot Air 8.4.1.6 Electromagnetic Isolation and InterferenceTests 8.4.1.7 Dilution 8.4.1.8 Dual ExhaustProbe System Flow Rate Test 8.4.2 Dynamometer 8.4.2.1 Load Cell Verification (ifequipped) 8.4.2.2 SpeedometerVerification 8.4.2.3 Verification ofParasiticLosses 8.4.2.4 VerifY CoastDown 8.4.3 Acceptance TestProcedures for OBD Inspection Equipment 8.5 Inspection EquipmentCertification Requirements 8.6 Detection Methods, InstrumentRanges, 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 I0: Waivers andTime 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 EnforcementActivities Chapter 12: Enforcement Program Oversight (No Revision) Chapter 13: Quality Assurance (No Revision) Chapter 14: EnforcementAgainst Contractors, Stations, and Inspectors (No Revision) Chapter I5: DataCollection (No Revision) Chapter 16: DataAnalysis and Reporting (No Revision) Chapter 17: InspectorLicensing and Certification (No Revision) Chapter 18: Public Information and ConsumerProtection (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)

IXAlJpendix A

B



## c

D

E

F

G H

I

J

K L 

### LIST OF APPENDICES AppendixName 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 ofTexas, 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 ofTexas, June 22, 2001 Reserved Texas Transportation Code, §547.604 and §547.605 and Chapter 548, Compulsory Inspection ofVehicles Rules and Regulations for Official Vehicle Inspection Stations and Certified Inspectors, Texas Department ofPublic Safety,January I, 2003
Texas Department ofTransportation, Vehicle Titles and Registration Division, 2000 SummerResearch ProjectParking Lot Survey Report, March2003 Reserved Texas Natural Resources Conservation Commission and Texas Department of Public Safety Memorandum ofUnderstanding, January 22, 1997

XLIST OFATTACHMENTS Attachment
A Technical Supplement: Inspection and Maintenance Performance Standards for Low-Enhanced Program Areas

XICHAPTER!: GENERAL (Revised)

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementationplan (SIP) revision was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, in addition to new information where noted. Language was added in this chapterregarding the low-volume emissions inspection station defmition, public hearings, and health effects. 1.1 PURPOSE The purpose ofthis 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 ofurban smog. Tropospheric ozone is an air pollutantthat 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 VIoftheFederal CleanAirAct (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 ofheat and sunlight. NOx is produced primarily during the combustion offossil fuels, such as gasoline, diesel, natural gas, and coal. Major sources ofNOx 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 ofbiogenic VOC. The 11M program reduces hydrocarbon (HC) emissions, some ofwhich are VOC that can react with NOx to form ground level ozone and visibility degradation. The 11M program reduces emissions ofNOx, 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 ofTexas 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 analyzerto inspect vehicle exhaustemissions. A Bureau ofAutomotive Repair (BAR)-84 low-speed idle four-gas analyzer was used to detect 1-1CO 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 ofEnvironmental Quality (TCEQ) started on January I, 1995, butwasterminated 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 ofthe decentralized Texas Motorist's Choice Program (TMCP) inNovember 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 ofthe three program standards: a basic, low-enhanced, or high-enhanced performance standard. The rule also allowed nonattainment areas with an urbanized area ofless than 200,000 people to opt out ofthe vehicle emissions testing program ifthe area could meet other FCAA requirements. In addition, the rule allowed states to authorize low-income time extensions more 

### than once in the lire ofa 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 expenditurewaivers. On July I, 1996, the frrst component ofthe 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 orderto increasethe 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 MontgomeryCounties 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 offerboth TSI and OBD inspections. Beginning December 31, 20I0, the vehicle emissions inspection limit for low-volume emissions inspection stations changesto comply withtbe requirements ofSection I ofHouse Bill (HB) 715, 8lst Texas Legislature, 2009, Regular Session. The vehicle emissions inspection limit for stations that only offer emissions inspections on 1996 and newermodel-year vehicles has been a 1-2component ofthe 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 stationsto fewer than !50OBD inspectionspermonth.
1.3 HEALTHEFFECTS In 1997, the EPA revised the NAAQS for ozone from a one-hour to an eight-hour standard. To supportthe 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 ofone-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 airperpound ofbody 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 ofthe 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 toblood hemoglobin, which decreasesthe oxygen-carrying capacity ofthe 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 susceptibleto 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 PUBUCHEARINGSINFORMATION The commission offered public hearings on the proposed 

### 11M SIP revision and associated rulemakingat the following times and locations: CITY DATE TIME LOCATION Fort Worth July 20, 20I0 2:00p.m. Texas Commission onEnvironmental Quality 2309 Gravel Road Austin July 21,2010 10:00 a.m. Texas Commission on Environmental Quality 12100Park 35 Circle BuildingE Room 20IS Houston July 22,2010 3:00p.m. Houston-Galveston Area Council 3555 Timmons Lane ConferenceRoom 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 ofthis 

### 11M SIP revision.

1-3Copies ofthe 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 SOCIALAND ECONOMIC CONSIDERATIONS For a detailed explanation of the social and economic issues involved, please refer to the preamblethatprecedestheproposed rule package accompanyingthis SIP revision. 

### 1.6 FISCALAND MANPOWERRESOURCES The TCEQ has determined that its fiscal and manpower resources are adequate and will not be adversely affected through implementation ofthis plan.

1-4CHAPTER2: APPLICABILITY (Rt!Vised)

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementationplan (SIP) revision was used as the basisfor this SIP revision, which includes a non-substantive reorganization ofinformation, in addition to new information where noted. The definition ofthe low-volume emissions inspection station in this chapter was modified to comply with the requirements ofHouse Bill 715, 8lstTexas Legislature, 2009, Regular Session, and language was added regarding nonattainment area designations and classifications. 2.1 LEGALAUTHORITY 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 Sunsetprovisions. 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 APPLICABLEAREAS 2.4.1 Beaumont-PortArthur Under the one-hour ozone NAAQS, Beaumont-Port Arthur (BPA) was classified as a serious ozone nonattainment area with an urbanized population ofJess than 200,000. Under the 1997 eight-hour owneNAAQS, BPA was classified as a marginal ozone nonattainment area, and then reclassified as a moderate ozone nonattainment area, with an urbanized population ofless than 200,000. The EPA's 

### 11M flexibility amendments dated September 16, 1995, allow areas with an urbanized population ofless than 200,000 to demonstrate a plan to reduce air pollution without using a vehicle emissions inspection program. The BPA area continues to meetthis criterion, so no vehicle emissions inspection program has been required. 2.4.2 Dallas-FortWorth 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

2-1moderate ozone nonattainment area. The EPA proposed to reclassify DFW as a serious ozone nonattainment area onAugust 9, 20I0. 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 ofOBD 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 11Mprogram 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, FortBend, Galveston, and Montgomery Counties inthe HGB area. All vehicle emissions inspection stations in the HGB 11Mprogram areas are required to offerboth 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. Underthe 1997 eight-hour ozoneNAAQS, 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 ofthe FederalRegister (73 FR45162). 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 areaare required to offerboth TSI and OBD inspections.

2-2

### CHAPTER 3: INSPECTIONAND MAINTENANCE PERFORMANCE STANDARDS (No**Re~~ision)**

3-1

### CHAPTER4: NETWORKTYPEAND PROGRAMEVALUATION (No Revision)

4-1

### CHAPTER5: ADEQUATE TOOLSAND RESOURCES (NoRevision)



### 5-1

### CHAPTER6: TESTFREQUENCYAND CONVENIENCE (NoRevision)

6-1

### CHAPTER7: VEEUCLECOVERAGE (No Revision)

7-1CHAPTER 8: TESTPROCEDURES, STANDARDS,AND TESTEQUIPMENT (Revised)

The October26, 2005, Texas Inspection and Maintenance (liM) state implementationplan (SIP) revision was used as the basis forthis SIP revision, which includes a non-substantive reorganization ofinformation, 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 ofthe 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 chapterto satisfY therequirements .of40 Code ofFederal 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 INSPECTIONPROCESSAND 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 inthe 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 subjectto anti-tampering checks including:

• the exhaust gas recirculation system; • the evaporative emissions control system; • the positive crankcaseventilation system; • thethermostatic 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 orleaky exhausts that are presented for emissions inspections are rejected.

8-1OBD 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 areaand 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 ofthe subject vehicle, are retrieved. The inspector confirms the vehicle information from the vehicle identification database (VID) with the subject vehicle presented for emissions inspection. Ifno 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 followingthe completion ofeach inspection. A copy ofthe inspection results can be obtained from any inspection station within 13 months ofthe inspection. All emissions inspection results are accessible to the Texas Commission on Environmental Quality (TCEQ) and theDPS. An official inspection, once initiated, is performed in its entirety regardless ofthe 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 ofany 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 ofany pollutant level results in a second failure ofthe vehicle. Vehicles will fail visual inspections of subject emissions control devices ifsuch devices are part ofthe original certified configumtion and are found to be missing, modified, disconnected, improperly connected, or found to be incorrectforthe 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 responsiblefor enforcingengine switchingand vehicletampering requirements. The DPS uses remote sensingto identifyhigh-emittingvehicles 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 accordingtoreliable engineeringpracticesto assurethe accumcy ofthe inspection. 8.3 INSPECTIONEQUIPMENTAND REQUIREDFEATURES 8.3.1 GeneralInformation 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 inspectionfacility. 8-2All 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 

### liMprogram as necessary to meet the criteria specified in this section. 8.3.2 TSIInspeetion Equipment The TSI emissions inspection equipment consists ofa computerized exhaust gas analyzer. The TSI inspection comprises two phases: (I) ahigh speed inspection where the vehicle engine speed is between 2,200 and 2,800 revolutions perminute (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 ShortTest Equipment. The most recent version ofspecificationsfor TSI equipment is available atthe TCEQ'scentral office orat 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 EmissionsTestingProgram." 8.3.3 ASMInspection Equipment ASM inspection equipment consists ofa 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 ofthe 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 ofthe ASM equipment and inspection criteria including the required speed, actual vehicle speed and engine RPM, and numberofseconds elapsed duringthe 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 of25 percent ofthe vehicle's available horsepower to accelerate at a rate 3.3 mph/second at a constant speed of25 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 orat 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 TestingProgram." 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 ofAutomotive Engineers (SAE). The OBD inspection equipment is tethered to the emissions analyzer. The mostrecent version ofspecifications for OBD equipment is available atthe TCEQ'scentral office orat htto:llwww.tceq.state.tx.us/assets/public/implementation/air/ms!IM/txvehanlsoecs.pdf.

8-38.4 ACCEPTANCE TESTPROCEDURES 8.4.1 TSI and ASM InspectionEquipment The acceptance test procedures contained in this section apply to the exhaust gas analyzer component ofthe 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 ofthe candidate analyzer to read various concentrations of gases within acceptable tolerances. The accuracy test compares the response ofthe instrument within the candidate analyzer with that of standard instruments and estimatesthe uncertainty ofthe 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) orEPA'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, I0 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 performingby completingthe following sequenceofsteps. 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 conductedthis sequence atotal offive times. 4) Use the following sequence ofsteps to complete the accuracy test calculations that will determine the uncertainty ofthe candidate analyzer. (i) Calculate the average value of each concentration for the readings ofthe standard instruments. (ii) Calculate the mean and standard deviation ofeach candidate analyzer's readings for each concentration. Include both upscale and downscale readings for the same gas concentration. All calculations may notbe possible for zero concentrations. (iii)For each concentration, calculate the difference between the mean and the standard average ofthe candidate analyzer. (iv)Foreach concentration, compute theY1and Y2 using the following formula.

8-4Where: K,., : Standard deviation • 3.5 for zero and the highest concentration value K,d2 Standarddeviation • 2.5 for all otherconcentration values

x Mean (arithmetic average) ofthe set of candidate analyzer readings (v) Compute the uncertainty (U 1 and U2) ofthe calibration curve for each concentration usingthe following formula andthe Y 1and Y2values computed in step (iv). (a) U 1 : Concentrationvalue- Y 1 (b) U2 : Concentrationvalue- 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: DetectionMethods, InstrumentRanges, Accuracy, andRepeatability for each instrumentwithinthe candidateanalyzer. 2) For each concentration, the uncertainties, (U 1 and U2) must not be greater than the accuracy tolerances required in Section 8.6: Detection Methods, Instrument Ranges, Accuracy, andRepeatability.
8.4.1.2 Repeatability The repeatability test characterizes the ability ofthe instrument within the candidate analyzer to give consistent readings when repeatedly sampling the same gas concentration. The repeatability test is performed by completingthe following sequence ofsteps. I) Introduce thehighrange spangas throughthe calibrationport. Record thereadings. 2) Purge the candidate analyzer with ambient air for at least 30 seconds butno more than 60 seconds. 3) Repeat steps one and two above four more times. 4) Repeat steps oneand two introducingthe gas throughthe 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, andRepeatability.
8.4.1.3 Response Time The response time test determines the speed ofresponse ofthe instrument within the candidate analyzer when a sample is introduced at the sample probe. The response time test is performed by completingthe following sequence ofsteps. I) Calibrate the gas measuring instrument within the candidate analyzer per the manufacturer's instructions. 8-52) 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 ofthe 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 ofthe stabilizedreading in step three. 6) Repeat steps one, two, and three two moretimes to obtain three sets ofreadings. 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 ofa step change in input. The response time for a step change in NO from a stabilized reading to I0percent ofthat reading must be no longerthan 12 seconds. 8.4.1.4 Interference Effects The interference effects test is performed to determine ifthe candidate analyzer readings for one gas adversely affectthe readings ofother gases. The following acceptance test procedure must be performed at 45, 75, and I05 degrees FahrenheiteF). 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 ofthe each ofthe following gases: (i) 16 percent C02 in nitrogen; (ii) 1,600 ppm hexane in nitrogen; (iii) I0percentCO in nitrogen; (iv) 3,000 ppm NO in nitrogen; (v) 75 ppm sulfurdioxide 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.

8-68.4.1.5 Water Saturated Hot Air The water saturated hot air test determines the effect ofhot 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 ofa sealed vessel partially filled with waterthrough 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 I05°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 ElectromagneticIsolation and InterferenceTests The electromagnetic isolation and interference test, which is comprised offive 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 ofthe candidate analyzer. The readings from the candidate analyzer are recorded during the test periods. I) RadioFrequency InterferenceTest: 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. Leaveengine off. (ii) Locate the candidate analyzer within five feet ofthe 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, cyclethe engine from idle through 25 mph onthe dynamometer at the ASM load specifictothe testvehicle and record the candidate analyzerreadings. (v) Relocate the candidate analyzer to within six inches ofone side ofthe vehicle near the engine compartment. Follow the procedure described in step (iv) and record the candidate analyzerreadings. (vi)Relocate the instrument to within six inches ofthe other side ofthe vehicle near the engine compartment. Follow the procedure described in step (iv) and record the candidate analyzerreadings. 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 ofmagnetic induction on the readings from the candidate analyzer and is performed using the following description. Use a variable 

### 8-7speed 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 ofthe 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 InterferenceTest: The line interference test determines the effect ofpower 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 ofa sixteen gauge, three conductor wire extension cord approximately 20 feet long. Connectthe candidate analyzer into the other outlet ofthe 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 FrequencyBand 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 theFederal Communications Commission's legal maximum and a highway patrol transmitter (or equivalent) within 50 feet ofthe candidate analyzer. While the candidate analyzer is sampling the gas, press and release transmit button ofboth radios several times. Record thereadings 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 ofthe candidate analyzer. Display the ambient conditions on the candidate analyzer and a master weather station. Allow five minutes for the readings to stabilize and comparethereadings 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 exhaustgases and is performed usingthe following sequence ofsteps. 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, ifneeded. The vehicle's idle speed must be set to 900 RPM with a tolerance of +/-20RPM.

.

8-82) With a laboratory grade analyzer, sample the exhaust at 40 centimeters depth with a flow sample rate below 320 litersperhour. Allow sufficienttime for the readings 

### to stabilize. Record all HC, CO, NO, C02, and 0 2readings. A chartrecorder orelectronically stored datamay be used to detectthe pointofstable readings. 3) While operating the candidate analyzer in a mode which has the same flow rate as the official inspection mode, record the levels ofHC, CO, NO, C02, and 0 2• Ensure thatthe probe is installed correctly. 4) Repeat steptwo. 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 I0 percent ofthe average ofstepstwo and four. 8.4.1.8 Dual ExhaustProbe SystemFlow RateTest 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 usingthefollowing sequence ofsteps. I) With a laboratory grade analyzer flow measurement system, allow ambient air to flow through the probesfrom the dual exhaustprobe system. 2) Setthe flow rate tothe normal flow rate generated bythe sample systempump. 3) Measure the flow rate in each leg ofthe dual probe system. 4) Setthe flow rate equaltothe onset ofthe low flow condition ofthe analyzer. 5) Measurethe flow rate in each leg ofthe dual probe system. Acceptance Criteria: The flow rate ofthehigher leg ofthe dual exhaust sample probe system must not exceed 15 percent ofthe flow rate ofthe lower leg. However, the flow rate in each leg ofthedualprobe system is expectedtobe equal. 8.4.2 Dynamometer The acceptance testprocedures contained in this section apply tothe 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) orEPA'sapplicable updatetothis document. 8.4.2.1 Load CellVerification (ifequioped) This load cell verification test confirms the proper operation ofthe dynamometer load cell and associated systems and is performed usingthe following sequenceofsteps. Weights in theproper range must be supplied by the manufacturerofthe candidate analyzer. Weights must be National Institute ofStandards and Technologytraceableto 0.1 percentofpoint. I) Calibratethe load cell accordingtothecandidate analyzermanufacturer'sdirection.



### 8-92) Using a dead weight method, load thetest cell to 20percent, 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 theresults. 3) Perform steps one and two above two more times to collect a total ofthree readings for each weight. Calculate the average value for each weight. Multiply each average weight by the length ofthetorque arm. Acceptance Criteria: The difference for each reading from the weight must not exceed I percent offull scale. 8.4.2.2 SneedometerVerification The speedometer verification test confirms the accuracy ofthe dynamometer's speedometer and is performed using the following description. Set the dynamometer speed to 15 mph. Independently measure andrecord 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 ofParasitic Losses The verification ofparasitic 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) orEPA'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 ofthe parasitic losses at 25 and 15 mph. The indicatedhorsepowermust be setto zero for the tests. Acceptance Criteria: The differencebetweenthe externally calculated value and the machine calculated value must not exceed I0percent ofthe independently measured value. 8.4.2.4 Verify CoastDown The coast down verification test confirms thatthe dynamometer can accurately coast down from 30 to 20 mph and from 20 to I0 mph within the expected time limits and is performed using the following sequence ofsteps. I) Usethe coast down procedures and equations described in the EPA'sguidance document, "Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control Requirements, and Equipment Specifications" (EPA, 2004) or EPA's applicable update to this documentto verifY the coastdown at 25 mph. 2) Usethe coast down procedures and equations described in theEPA'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 documentto verifY the coast down at 15 mph. Acceptance Criteria: The measured 30 to 20 mph coast down time and the 20 to I0 mph coast down time must be inside the window bounded by the calculated coast down time in seconds with a tolerance of+/- 7percent. 8.4.3 Acceptance TestProceduresforOBDInspectionEquipment 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 8-10published 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 INSPECTIONEQUIPMENT CERTIFICATIONREQUIREMENTS Inspection equipment must be approved by the TCEQ prior

### to being used in the 

### 11M program. A more detailed description ofthe certification requirements is available at the TCEQ's central office orat 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-bypointresponseto specificrequirements; • place the most recent version of analyzer software source codes and other pertinent technical information in an escrow placementapproved by the TCEQ; and • furnish a performance bond tothe TCEQthat mustremain valid for the entiretime period thatthe manufacturerparticipates in the 

### 11Mprogram. 8.6 DETECTIONMETHODS,INSTRUMENTRANGES, ACCURACY,AND REPEATABll..ITY

HC analysis must be determined by a non-dispersive infrared (NDIR) analyzerand must coverat leastthe range of0

- 9,999 ppm HC, where ppm HC is ppm ofHC volume as hexane. The accuracy ofthe instrumentfrom 0- 2,000 ppm HC mustbe+/- 3 percent ofpoint or4 ppm hexane, whichever is greater. The accuracy oftheinstrumentbetween 2,00I

- 5,000 ppm HC mustbe atleast+/- 5 percentofpoint. The accuracy ofthe instrument between 5,001

- 9,999 ppm HC must be at least+/- I0 percent ofpoint.
CO analysis must be determined by an NDIRanalyzerand must coverat leasttherange of0.00- 14.00 percentCO, where percent CO is percentvolumeCO. The accuracy ofthe instrument between 0.01

- I0.00 percentCO must be+/- 3 percentofpoint or0.02 percentCO, whichever is greater. The accuracy oftheinstrument between 10.01 -14.00percentmustbe at least +/-5 percent ofpoint. C02 analysis must be determined by an NDIRanalyzer and must coverat leasttherange of0.0- 18.0 percentC02• The accuracy ofthe instrument between 0.01- 16.00 percent C02must be+/- 3 percentofpoint or0.3 percent CO,, whichever is greater. The accuracy ofthe instrument between 16.01- 18.00percent C02 must be at least+/- 5 percent ofpoint. NO analysis must cover at leasttherange of0- 5,000 ppmNO. The accuracy ofthe instrument between 0- 4,000 ppm mustbe at least+/- 4 percentofpointor25 ppmNO, whicheveris greater. The accuracy ofthe instrument between 4,001

- 5,000 ppm mustbe atleast+/- 8 percent ofpoint. 0 2 analysis mustcover at leasttherange ofO.O- 25.0 percent0 2• The accuracy ofthe instrument overthisrange must be at least5 percent ofpointor+/- 0.1 percent 0 2, whicheveris greater. ForHC,therepeatability for the analyzer in therange of0 - I,400 ppmHC mustbe 2 percent of pointor3 ppm HC absolute, whichever is greater. Intherange of 1,400

- 2,000ppm HC, the 8-11repeatabilitymust be 3 percentofpoint. For CO, therepeatability for the analyzer in the range of 0

- 7.00 percent CO must be 2 percentofpointor0.02 percent CO absolute, whicheveris greater. In the range of7.00

- I0.00 percentCO,the repeatability must be 3 percent ofpoint. ForC02, therepeatability forthe analyzerin the range of0

- I0.00 percent C02must be 2 percent ofpoint or 0.1 percent**C~** absolute, whicheveris greater. In the range of 10.00- 16.00 percentC02, the repeatabilitymust be 3 percentofpoint. ForNO, therepeatability ofthe analyzermust be 3 percentofpoint or20ppmNO, whichever is greater. For0 2, the repeatability ofthe 0 2 analyzer mustbe 3 percentofpointor 0.1 percent02o whichever is greater. Rounding ofreadingvaluesmust followthe standardmathematical practice ofgoingto the next highernumberfor any numericalvalue offive ormore. Forexample, if2.00percent COpasses and 2.0I percent CO fails, andthe reading is 2.0049 percent, the value must be rounded downand decisionmust be a pass. Ifthe reading is 2.0050, the value mustbe rounded up andthe decision mustbe a fail. The value displayed and printed onthe inspectionreportmust be consistent with the value used forthepass/fail decision.
8.7 REFERENCES EPA, 200I. Performing Onboard Diagnostic System Checks as Part ofa Vehicle Inspection and Maintenance Program, EPA420-R-OI-015, June 2001, http://www.epa.gov/OMS/regs/irnlobd/rtll0IS.pdf EPA, 2004. Acceleration Simulation Mode Test Procedures, Emissions Standards, Quality Control Requirements, and Equipment Specifications, EPA420-B-04-0II,July 2004, http://www.epa.gov/oms/regs!im/420b040!!.pdf

8-12CHAPTER9: QUALITY CONTROL (Revised)

The October 26, 2005, Texas Inspection and Maintenance (liM) state implementationplan (SIP) revision was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, in addition to new information where noted. The reference tothe inspection equipment specifications inthis chapter was modifiedtoindicatethe new location. 

### 9.1 OVERVIEW Quality control (QC) measures are implemented by the Texas Department ofPublic 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 ofSubpart S of40 Code ofFederal 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 ofthe 11M SIP, are now available at the TCEQ's central office orat 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 ofQC 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 warrantyperiod. 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/orhuman error; • secure from tampering and/or abuse; • based upon written specifications; and • capable ofsimultaneously 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 practicesused to slow a component's deterioration associated with frequent use and aging. 9.2 EQUIPMENT CALIBRATIONAND 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 Ato Subpart S

- Calibrations, Adjustments, and Quality Control. Any modification ofthese 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 maintenanceprocedures. 9-1Complete records on repairs, software modifications, and calibration ofall 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 engineeringpractices in orderto 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 thecertificates 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 ofthe lower portion ofthe windshield on the driver's side to prevent theft or removaL Removal ofan inspection certificate by breaking into a vehicle is a felony offense.



### 9-2

### CHAPTER 10: WAIVERS AND TIMEEXTENSIONS (NoRevision)

10-1CHAPTER 11: MOTORIST COMPLIANCE ENFORCEMENT (Revised)

TheOctober26, 2005, Texas Inspection and Maintenance (VM) state implementationplan (SIP) revision was used as the basis for this SIP revision, which includes a non-substantive reorganization ofinformation, in addition tonew information where noted. Thereference to "SpecificationsforVehicleExhaust GasAnalyzer Systems forUse in theTexas Vehicle EmissionsTestingProgram," in this chapterwasmodified to indicate thenew 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 of96 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 AppendixJ: Texas Department of Transportation, Vehicle Titles andRegistration Division, 2000 SummerResearchProjectParkingLotSurveyReport, 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 ofcertain provisions ofTexas 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) comparesthe 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, orotherwise comply withthe VM program requirements. Vehicle ownersthat do not comply are flagged in the Texas Department of Motor Vehicles' registration database and are denied reregistration until the vehicleshave complied with the VM programrequirements. 11.3 STICKER-BASEDENFORCEMENT 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 comparethe county ofregistration and the county ofinspection. Inspection certificates have a DPS seal, a unique number, and tear when removed. Additional security features areroutinely added to detercounterfeiters. 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 ofthe VM SIP and arenow available atthe 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 11-1not 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 willresult in denial ofre-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 ofobtaining an inspection certificate in a neighboring county to avoid the emissions portion ofthe inspection maybe charged with willfulpurchase ofa fraudulent inspection certificate. 11.4 ADDITIONAL ENFORCEMENTACTIVITIES 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 designationchangedwill be flagged inthe VID. The commission will analyze this datafor 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 ofthe 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 orregistered in counties without an 11M program and then resold (change ofownership) 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 deputyproofin the form ofthe following documents:

o a vehicle inspection report; or o another proofofcompliance as authorized bythe 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: ENFORCEMENTPROGRAM OVERSIGHT (No Revision)

12-1CHAPTER 13: QUALITY ASSURANCE (NoReYision)

13-1

### CHAPTER 14: ENFORCEMENTAGAINST CONTRACTORS, STATIONS,AND INSPECTORS

(No Revision)

14-1CHAPTER 15: DATA COLLECTION (NoRevision)

15-1

### CHAPTER 16: DATA ANALYSIS AND REPORTING (No Revision)



### 16-1

### CHAPTER 17: INSPECTORLICENSING AND CERTIFICATION (No Revision)

17-1

### CHAPTER 18: PUBLIC INFORMATION AND CONSUMERPROTECTION (No Revision)

18-1

### CHAPTER 19: IMPROVINGREP AIREFFECTIVENESS (NoRevision)

19-1

### CHAPTER 20: COMPLIANCEWITHRECALLNOTICES (No Revision)

20-1

### CHAPTER21: ON-ROAD TESTlNG (NoRevision)

21-1

### CHAPTER22: STATE IMPLEMENTATIONPLAN SUBMISSION (No Revision)

22-1Appendices are available upon request. Please contact: Mobile SourcePrograms Team AirQuality Planning Section Texas Commission onEnvironmental Quality Phone: (512) 239-1459 E-mail: aqp@tceq.state.tx.us

### TEXAS COMMISSION ON ENVIRONMENTAL QuALITY THE STATE OFTEXAS COUNTY OF TRAVIS Ihereby cer11fy IMtIIllO

# = •

truo ondCOITIClr:t:lflfd I TexasCommissionon EnvllllnmentelQUIIIIy**~** whlctl isfiled inthe pennanent recordsoftheCommlsslall. Given ermyhand andthesealofo!Hceon 

# NOV 

# 2 22 10
ORDERADOPTING La nacastanuela,ChiefCiel1< REVISIONTO THE STATE

### IMPLEMENTAfffi~ Environ.-auallty



### DocketNo. 2009-1613-SIP
On 

### November 18, 2010, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered adoption ofthe 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 ofPublic 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 ofthe state's air and to issue orders consistent with the policies and purposes ofthe Texas Clean Air Act, Chapter 382 ofthe Tex. Health 

### & Safety Code. 

### Notice ofthe 

### proposed SIP revision was published for comment in the July 2, 20I0, issue ofthe 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 priorto the dates ofthe hearings. Public hearings were held inFortWorth on July20, 20I0, at theTCEQ, Region 4 Office, DFWPublic MeetingRoom, 2309 Gravel Road; in Austin on July 21, 2010, attheTCEQ, Building E, 

### Room 201S, 12100 Park35 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 ofits intended action to 

### the public, including interested persons, the Regional Administrator ofthe 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. Priorto the scheduled hearings, copies ofthe 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 bythe Commission as reflected in the analysis oftestimony incorporated by reference to this Order. The Commission finds that the analysis of testimony includes the names ofall interested groups or associations offering comment on the proposed SIP revision and theirposition concerningthe 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 ifset forth at length verbatim in this Order.
IT IS FURTHERORDERED BY THE COMMISSION that on behalfofthe Commission, theChairman should transmit a copy of this Order, together with the adopted revision to the SIP, to the Regional Administrator ofEPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, codified at 42 U.S. CodeAnn. §§ 7401- 7671q, as amended. Ifany portion ofthis Orderis for any reason held to be invalidby a court ofcompetentjurisdiction, the invalidity ofanyportion shall not affect the validity oftheremaining portions.

Date issued: 

# NOV 

# 2 2 2010 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

# ~1$.·;;~hr