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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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RE: Approving Final Revision to Delaware’s State Implementation Plan (SIP), to wit: Inspection and Maintenance (I/M) concerning Section 11(e) – Program Compliance with 7 DE Admin. Code 1131
This Order considers the proposed revision to the Delaware State Implementation Plan (SIP) that addresses the Inspection and Maintenance (I/M) concerning Section 11(e) – Program Compliance with 7 DE Admin. Code 1131. The purpose of the proposed amendment is to change the methodology by which compliance with existing 7 DE Admin. Code 1131 is monitored by the Department.
Delaware has a vehicle emission inspection program known as “Regulation 1131: Inspection and Maintenance”, found at 7 DE Admin. Code 1131. This program requires applicable motor vehicles to be tested every two years. The inspection is required for the vehicle registration or renewal of the current registration. This is commonly referred to as the Registration Denial Compliance Method.
At the present time, the Department has been surveying state-owned parking lots (i.e., Park and Ride) for vehicles that have had expired registration tags in order to verify compliance with the vehicle emission inspection program. The survey results are made part of the commitment in the Inspection and Maintenance State Implementation Plan (“I/M SIP”) to track compliance with 7 DE Admin. Code 1131, which requires a biennial vehicle emission inspection. Applicable vehicles without a proper registered vehicle can be presumed to be in non-compliance with the aforementioned Regulation 1131. Only approximately 270 vehicles surveyed each year are found with expired registrations. This is a small sample size, which does not estimate an accurate compliance rate of the regulation.
The Department published its initial proposed revision to the aforementioned Delaware SIP in the September 1, 2013 Delaware Register of Regulations, and held a public hearing on September 25, 2013. It should be noted that no comments were received by the Department in this matter. Proper notice of the hearing was provided as required by law.
I find that the proposed revision to Delaware’s aforementioned SIP is well-supported by the record developed by the Department, and I adopt the Report to the extent it is consistent with this Order. The Department’s experts developed the record and drafted the proposed SIP revision.
I find that the Department’s experts in the Division of Air Quality fully developed the record to support adoption of the proposed revision to the Delaware State Implementation Plan (SIP) that addresses the aforementioned Inspection and Maintenance (I/M) concerning Section 11(e) – Program Compliance with 7 DE Admin. Code 1131. With the adoption of this Order, Delaware will be enabled to discontinue the vehicle parking lot survey system currently utilized by the Department, and replace the data procured from said surveys with the expired vehicle registration arrest data provided by DELJIS, thereby providing a more comprehensive assessment of the compliance with Delaware’s existing 7 DE Admin. Code 1131.
5.) The recommended revision to Delaware’s State Implementation Plan (SIP) which addresses the Inspection and Maintenance (I/M) concerning Section 11(e) – Program Compliance with 7 DE Admin. Code 1131 should be adopted as final, thereby enabling Delaware to (1) discontinue the vehicle parking lot survey system currently utilized by the Department, and replace the data procured from said surveys with the expired vehicle registration arrest data provided by DELJIS; (2) provide a more comprehensive assessment of the compliance with Delaware’s existing 7 DE Admin. Code 1131; and (3) because the revision is well supported by documents in the record;
6.) The Department shall submit this Order approving the final revision to Delaware’s State Implementation Plan (SIP) that addresses the Inspection and Maintenance (I/M) concerning Section 11(e) – Program Compliance with 7 DE Admin. Code 1131 to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.
(a) Nonattainment area classification and population criteria.
(1) States or areas within an ozone transport region shall implement enhanced I/M programs in any metropolitan statistical area (MSA), or portion of an MSA, within the state or area with a 1990 population of 100,000 or more as defined by the Office of Management and Budget (OMB) regardless of the area's attainment classification. In the case of a multi-state MSA, enhanced I/M shall be implemented in all ozone transport region portions if the sum of these portions has a population of 100,000 or more, irrespective of the population of the portion in the individual ozone transport region state or area.
(2) Apart from those areas described in paragraph (a)(1) of this section, any area classified as serious or worse ozone nonattainment, or as moderate or serious CO nonattainment with a design value greater than 12.7 ppm, and having a 1980 Bureau of Census-defined (Census-defined) urbanized area population of 200,000 or more, shall implement enhanced I/M in the 1990 Census-defined urbanized area.
(7) If the boundaries of a serious or worse ozone nonattainment area or of a moderate or serious CO nonattainment area with a design value greater than 12.7 ppm are changed any time after enactment pursuant to section 107(d)(4)(A) such that the area includes additional urbanized areas, then an enhanced I/M program shall be implemented in the newly included 1990 Census-defined urbanized areas, if the 1980 Census-defined urban area population is 200,000 or more. If such a newly included area has a 1980 Census-defined population of less than 200,000, then a basic I/M program shall be implemented in the 1990 Census-defined urbanized area.
(1) In an ozone transport region, the program shall entirely cover all counties within subject MSAs or subject portions of MSAs, as defined by OMB in 1990, except largely rural counties having a population density of less than 200 persons per square mile based on the 1990 Census can be excluded provided that at least 50% of the MSA population is included in the program. This provision does not preclude the voluntary inclusion of portions of an excluded rural county. Non-urbanized islands not connected to the mainland by roads, bridges, or tunnels may be excluded without regard to population.
A revision to 7 DE Admin. Code 1131,will remain in effect if the area is re-designated to attainment status, until approval of a Maintenance Plan, under Section 175A of the Clean Air Act, which demonstrates that the area can maintain the relevant standard for the maintenance period (10 years) without benefit of the emission reductions attributable to the continuation of the LEIM program.
Department” means the Department of Natural Resources and Environmental Control of the State of Delaware.
Emissions” means products of combustion and fuel evaporation discharged into the atmosphere from the tailpipe, fuel system or any emission control component of a motor vehicle.
Emissions Inspection Area” means the emissions inspection area will constitute the entire counties of New Castle and Kent.
Emissions Standard(s)” means the maximum concentration of hydrocarbons (HC), carbon monoxide (CO) or any combination thereof, allowed in the emissions from a motor vehicle as established by the Secretary, as described in this regulation.
GPM” means grams per mile (grams of emissions per mile of travel).
“Manufacturer’s Gross Vehicle Weight” means the vehicle gross weight as designated by the manufacturer as the total weight of the vehicle and its maximum allowable load.
Model Year” means the year of manufacture of a vehicle as designated by the manufacturer, or the model year designation assigned by the Division to a vehicle constructed by other than the original manufacturer.
Motor Vehicle” means every vehicle, as defined in 21 Del.C., Section 101, which is self- propelled, except farm tractors, off-highway vehicles, motorcycles and mopeds.
Motor Vehicle Technician” means a person who has completed an approved emissions inspection equipment training program and is employed or under contract with the State of Delaware.
New Model Year Exemption” means an exemption of a designated new model year of an applicable vehicle from any or all of the requirements in this regulation. The exemption will begin on the first day of October of the calendar year, which will be the anniversary date for calculating the applicability of a vehicle for a new model year exemption. For example, a
New Motor Vehicle” means a motor vehicle of the current or preceding model year that has never been previously titled or registered in this or any other jurisdiction and whose ownership document remains as a manufacturer's certificate of origin, unregistered vehicle title.
Onboard Diagnostics (OBD)” means a system of vehicle component and condition monitors controlled by a central, onboard computer designed to signal the motorist when conditions exist which could lead to a vehicle’s exceeding its certification standards by 1.5 times the standard.
Official inspection station” means all official Motor Vehicle Inspection stations operated by the Division in the State of Delaware.
Operator” means an employee or contractor of the State of Delaware performing any function related to motor vehicle inspections in the State.
Performance Standard“ means the complete matrix of emission factors derived from the analysis of the model program as defined in 40 CFR Part 51 Subpart S, by using EPA's computerized MOVES emission factor model. This matrix of emission factors is dependent upon various speeds, pollutants and evaluation years.
Secretary” means the Secretary of the Department of Natural Resources and Environmental
Stringency Rate” means the tailpipe emission test failure rate expected in an I/M program among pre-1981 model year passenger cars or pre-1984 light-duty trucks.
Vehicle Type” means the EPA classification of motor vehicles by weight class which includes the terms light duty and heavy duty vehicle.
Waiver” means an exemption issued to a motor vehicle that cannot comply with the applicable exhaust emissions standard and cannot be repaired for a reasonable cost.
Waiver Rate” means the number of vehicles receiving waivers expressed as a percentage of vehicles failing the initial exhaust emission test.
The LEIM program includes an ongoing evaluation by the Department to quantify the emission reduction benefits of the program, and to determine if the LEIM program is meeting the requirements of the Clean Air Act and 7 DE Admin. Code 1131. The legal authority for this section is contained in 7 Del.C. §6707 and 21 Del.C. §2143, as included in Appendix F – Legal Authority for the I/M Program.
(2) The budget for the Department’s auditing functions may be found in Appendix C – IM Audit Budget. The Divisions operating other administrative functions may be found on the States webpage: http://www.budget.delaware.gov/fy2011/budget2011.shtml. These budgets will be updated in the annual I/M report.
(a) The biennial LEIM program test frequency is consistent with Delaware Code requirements of 7 Del.C. Chapter 21 §§2109 (Period of Registration Effective Date) and 2110 (Renewal of Registration) and as described in Section 9.0 of 7 DE Admin. Code 1131. The test frequency is automatically integrated with the enforcement process since the date of registration renewal is the same date as that of the emission testing requirement. Vehicles are assigned inspection cycles (every two years) in Delaware. The inspection cycle normally remains with the vehicle when sold or transferred within the State. New vehicles, or used vehicles newly tagged in Delaware, enter the "cycle" on the date of registration, and remain on that cycle until removed from service or transferred to another state. [See Section 11(a) for a detailed explanation of the registration denial process and Section 9.0 of 7 DE Admin. Code 1131]
The legal authority for establishing which vehicles are required to be inspected by this program are contained in 7 Del.C. §6707 and 21 Del.C. 2143, as included in Appendix F – Legal Authority for the I/M Program. The inspection requirements for vehicles covered by 7 DE Admin. Code 1131, will apply to all of the subject vehicles registered in Kent and New Castle counties.
(a) Test procedure requirements may be found Appendix G – Test Procedures for the tailpipe emissions, evaporative emissions and on-board diagnostic tests.
(b) Test standards are found in 7 DE Admin. Code 1131.
(1) Equipment is maintained according to demonstrated good engineering practices to assure test accuracy. The calibration and adjustment requirements in Appendix E - Vehicle Inspection Program Lane Operator’s Manual apply to the steady-state test equipment.
[Requirements may be found in 7 DE Admin. Code 1131 Section 7.1.]
[Requirements may be found in 7 DE Admin. Code 1131 Section 7.2.]
(2) All other vehicles older than 5 model years (and that must comply with 7 DE Admin Code 1131) coming into Delaware or being titled/registered for the first time are required to pass I/M inspection prior to titling and registration. 21 Del.C. §2102, requires new residents to register all vehicles within 60 days after taking up residency in Delaware (See Appendix M – Chapter 21. Registration of Vehicles).
(i) Delaware law prohibits a vehicle owner from operating or knowingly permitting the operation of a vehicle upon the highway that is not registered or which does not have attached thereon the number plate assigned by the Department or a current expiration sticker. Violators will be subject to fines referred to in Motor Vehicle Law Title 21, Section 2102. Delaware law enforcement officers having probable cause to believe that a vehicle is not in compliance with the law or regulations may inspect the vehicle and documents and make arrests for non-compliance.
(5) The vehicle registration system will have two methods to override the inspection failure. The first method of registration denial override occurs with emission waivers issued under 7 DE Admin Code 1131. The waiver information and receipts are verified by Delaware’s Department of Natural Resources and Environmental Control (DNREC) on routine basis. The second method is by supervisory override. The override authority allows the registration specialists to change a vehicle record from fail to pass for certain safety-related failure items. Registration specialists will not have the authority or the ability to change any I/M-related items.
(d) The legal authority to enforce the program is contained in applicable sections in 7 Del.C. 6010 and 7 Del.C. 6702. The procedures to be followed by the Division in the specific operation of the enforcement program, as well as a penalty schedule to be followed when violations occur, are included in Appendix M – Chapter 21. Registration of Vehicles.
(1) The Department assesses the program compliance rate through the examination of data from the Delaware Justice Information System, test records and enforcement actions. In addition, the Department conducts on-road and parking lot surveys of vehicles with Delaware tags, noting the vehicle inspection sticker located on the tag and indicating the month and year of expiration. In these same surveys, tag numbers are tracked and verified with the Division’s record as to registration compliance. The number of out of compliance vehicles that are identified in the on-road test and the number of vehicles that have expired registration stickers that are identified by the parking lot checks will be compiled and a compliance rate will be determined. The Department will compile after each calendar year a list of vehicles that were issued summons for expired registrations during traffic stops by Delaware law enforcement personnel.
(i) additional on-road testing and additional parking lot surveillance
(6) A determination of enforcement program effectiveness through annual audits of test records and LEIM program compliance documentation, with the procedures described in Appendix P – Test Record Audits – Department and Division Personnel. Results will be provided to EPA with annual program evaluation reports;
(1) The Department will monitor the performance of individual motor vehicle repair facilities, and provide to the public at the time of initial failure, a summary of the performance of Certified Emission Repair Technicians that have repaired vehicles for retest. The initial stage of the repair technician report card will score certified emission repair technicians only with a 1 each time a repaired vehicle comes in for a retest and passes and a 0 when the repaired vehicle fails after the retest. Motor Vehicle Technicians will enter the Certified Emission Repair Technician’s code number into data management system and the vehicle emission report for that retest will then have the technician and the results of the test in the record. The records will then be compiled in a report an a percent of repaired vehicles that passed the retest will be given to each technician. The initial analysis will be to assess the training that the state provides to the technician to acquire certification. After the initial stage of the performance monitoring program is completed, a full performance monitoring will include statistics on the number of vehicles submitted for a retest after repair by the repair facility, the percentage passing on first retest, the percentage requiring more than one repair/retest trip before passing, and the percentage receiving a waiver. The Department will issue procedures to weight the averages for repair shops, to avoid causing a shop to carry a poor record from the beginning of the program that does not reflect their current ability to make repairs. The LEIM program may provide motorists with alternative statistics that convey similar information on the relative ability of repair facilities provide effective and convenient repairs, in light of the age and other characteristics of vehicles presented for repair at each facility.
(4) Number of vehicles failing the on-road emission test or found not in compliance with applicable sections of 7 DE Admin. Code 1131 will be compiled and used as a measurement of the compliance rate of the LEIM program.
Last Updated: December 31 1969 19:00:00.
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