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Proposed Amendments to Motor Vehicle

Emission Control Standard in 15A NCAC 02D .1000 Rules

Steven Vozzo, Supervisor - Fayetteville RegionNorth Carolina Division of Air Quality

Air Quality CommitteeEnvironmental Management Commission

November 13 and 14, 2013

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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

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DAQ Rule Changes To Align with Statute

15A NCAC 02D .1002, Applicability• Proposed amendment to extend exemption 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

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DAQ Rule Changes To Align with Statute – cont’d

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• Proposed to be repealed as duplicative of USEPA rules • No longer necessary

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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

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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  

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ApplicabilityComments• 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

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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

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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

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Financial Impact to State Agencies Comment:

• How agencies afford $11+ million revenue loss in next 3 years

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

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Applicability for Vehicles Operated on Federal Installations

Comment• Object to rule language in 02D .1002(a)(3) applying to federal

installations due to sovereign immunity • Request repealing applicability to federal facilities

Response • NC statute and DAQ rule consistent with EPA rule• Therefore, NC cannot accommodate repeal request without

further study and consultation with EPA

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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

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Hearing Officer’s Recommendation • Recommend proposed amendments with changes as presented

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