Proposed Amendments to Motor Vehicle Emission Control Standards

Proposed Amendments to Motor Vehicle Emission Control Standard in 15A NCAC 02D .1000 Rules Steven Vozzo, Supervisor - Fayetteville Region North Carolina Division of Air Quality Air Quality Committee Environmental Management Commission November 13 and 14, 2013 1

Overview General Assembly passed Session Law 2012-199 (HB 585) Change emissions testing program for newer vehicles Incorporate revised exemption of 3 most recent model year vehicles with < 70,000 miles from emissions inspection Still require safety inspection with visual inspection of vehicles emissions components Public hearing held in Raleigh on Sept 18, 2013 Take comments on amendments of five rules 2

DAQ Rule Changes To Align with Statute 15A NCAC 02D .1002,Applicability Proposed amendment to extendexemption from current model year vehicles to 3 most recent model years with < 70,000 miles 15A NCAC 02D .1003, Definitions Proposed for amendment to consolidate, add, modify definitions New terminology reflecting advancements in new technologies 15A NCAC 02D .1005,On-Board Diagnostic Standards Proposed for amendment to align rule with new statute To update language for hybrid, electric, and fuel-cell vehicles 3

DAQ Rule Changes To Align with Statute contd 15A NCAC 02D .1006,Sale and Service of Analyzers Proposed to be amended to update language reflecting advancements and capabilities Track emission inspection analyzer vendor service calls 15A NCAC 02D .1009,Model Year 2008 and Subsequent Model Year Heavy Duty Diesel Vehicle Requirements Proposed to be repealed as duplicative of USEPA rules No longer necessary 4

Discussion of Comments 15 comments on proposed rules - 5 on various implementation issues - 5 on various aspects of applicability - 2 on emissions control tampering - 1 on sovereign immunity for federal facilities - 1 on agency affordability of revenue loss - 1 requesting DMV/DAQ study report 5

Mileage Provision Implementation Comments Questions on 70,000 mileage exemption - How will provision be enforced - What preparations to enforce by effective date - How inspection stations going to police themselves Responses Use education and oversight to enforce new program - Update material in certification courses to address changes - Oversight with audits, checks, safeguards to minimize fraud - Hold accountable for performing valid inspections - If fraud identified, DMV will prosecute 6

Applicability Comments Perspective that exemption favors tax breaks for more affluent Number defining how many recent model years exempt Claim inspections are waste of money and scam Why inspections only in certain counties? Responses Study revealed emissions controls on newer cars seldom fail Study concluded exemption from emissions test in first 3 model years save consumers with negligible effects on air quality Model showed exemption not interfere with air quality standards G.A. identified counties based on population and air quality 7

Tampering with Emission Controls Comment: Allows owners to disconnect controls to improve performance, then re-connect later without penalty Response: On-board diagnostics (OBD II) on all gas-powered vehicles since 1996 model OBD II monitors status of various sub-systems and diagnostic trouble codes Enables mechanic to identify / remedy malfunctions Certified analyzers connected to OBD II verify emissions systems functionality along with visual inspection Penalty for violation 8

Comment on Inspecting Exempt Vehicles with Check-Engine-Light On Comment Whether / how inspectors deal with exempt vehicles with trouble code warnings Response Inspector not fail vehicle only because check-engine-light on Inform customer of issues and recommend servicing vehicle 9

Financial Impact to State Agencies How agencies afford $11+ million revenue loss in next 3 years Comment: Response: Agencies absorb losses by planning and adjustments Adjustments enabled by e-sticker investments in IT systems Increase in number of future vehicles offset loss New system reduce State s operations by $5.7 million per year - Offset loss, pay for system within 4 years, save State thereafter 10

Applicability for Vehicles Operated on Federal Installations Object to rule language in 02D .1002(a)(3) applying to federal installations due to sovereign immunity Request repealing applicability to federal facilities Comment Response NC statute and DAQ rule consistent with EPA rule Therefore, NC cannot accommodate repeal request without further study and consultation with EPA 11

Rule Implementation Comment Language too ambiguous without upgraded electronic system to determine whether emissions inspections required Oppose relaxing OBD specifications in Rule 02D .1006 Response Prompt change in 2 definitions to clarify inspection requirements DMV develop flowchart to determine if inspection required Qualified staff and management familiar with flowchart can implement rule DAQ agrees existing rule language best carries out legislative intent 12

Hearing Officers Recommendation in Chapter II be adopted by EMC Also recommend DAQ study concerns on sovereign immunity - Report back to AQC of EMC no later than March 2014 - Provide concept for rule change contingent upon need Recommend proposed amendments with changes as presented 13