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Department of Natural Resources and Environmental Control
Division of Air Quality
Statutory Authority: 7 Delaware Code, Chapter 60; (7 Del.C., Ch. 60)
Secretary’s Order No.: 2012-A-0017
7 DE Admin. Code 1131, Low Enhanced Inspection & Maintenance Program (LEIM) and the associated Plan for Implementation (PFI)
Date of Issuance: May 15, 2012
Effective Date of the Amendment: June 11, 2012
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department” or “DNREC”) the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rulemaking proceeding.
Background and Procedural History
This Order considers the proposed regulatory amendments to 7 DE Admin. Code 1131, Low Enhanced Inspection & Maintenance Program (LEIM), and the associated Plan for Implementation (PFI). 7 DE Admin. Code 1131 is an air regulation that includes the inspection and maintenance program requirements which apply to vehicles registered in both Kent and New Castle County. The associated PFI includes information such as technical documentation of the test standards and procedures as required by Regulation 1131, as well as a demonstration that the requirements of Regulation 1131 and Delaware’s overall vehicle inspection and maintenance program meet the minimum federal requirements of 40 CFR 51 Subpart S, Inspection and Maintenance Program Requirements. Both Regulation 1131 and the PFI are required by the federal Clean Air Act (CAA) to be a part of Delaware’s State Implementation Plan (SIP).
The purpose of this proposed promulgation is to update 7 DE Admin. Code 1131 and the PFI by (1) removing the non-regulatory provisions of Regulation 1131 and adding these provisions to the PFI; (2) reformatting and reordering the requirements of 1131 and the PFI to simplify and clarify their content; and (3) revising the PFI to ensure it fully comports with federal requirements. It should be noted that the proposed amendments will not likely affect the public. No changes will be proposed to the emissions tests or the standards, exemptions, etc. which currently apply to Delaware registered vehicle owners. Revisions to the PFI will generally align the plan with current Delaware Division of Motor Vehicles (DMV) and DNREC’s Division of Air Quality (DAQ) practices. The simplification and clarification of the regulatory text of Regulation 1131 will positively impact all.
The Department’s Division of Air Quality commenced the regulatory development process with Start Action Notice 2012-01. The Department published the proposed regulatory amendments in the March 1, 2012 Delaware Register of Regulation and held a public hearing on April 2, 2012. The Department’s presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer’s Report dated May 9, 2012 (Report). The Report recommends certain findings and the adoption of the proposed Amendment as attached to the Report as Appendix A.
Findings and Discussion
I find that the proposed Amendments are well-supported by the record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department’s experts developed the record and drafted the proposed Amendments. It should be noted that the Department received no public comment from the regulated community at the public hearing, as noted in the Report.
I find that the Department’s experts in the DAQ fully developed the record to support adoption of these Amendments. With the adoption of the regulation amendments to 7 DE Adm in. Code 1131, Low Enhanced Inspection & Maintenance Program (LEIM), and the associated Plan for Implementation (PFI), Delaware will be enabled to align the PFI with current Delaware Division of Motor Vehicles (DMV) and DNREC’s Division of Air Quality (DAQ) practices. As noted previously, no changes are being made at this time to the emissions tests or standards which currently apply to Delaware registered vehicle owners, and the simplification and clarification of the regulatory text of Regulation 1131 will positively impact all.
In conclusion, the following findings and conclusions are entered:
1.) The Department has jurisdiction under its statutory authority to issue an Order adopting these proposed Amendments as final;
2.) The Department provided adequate public notice of the proposed Amendment, and provided the public with an adequate opportunity to comment on the proposed Amendments, including at a public hearing;
3.) The Department held a public hearing on April 2, 2012 on the proposed Amendments in order to consider public comments before making any final decision concerning this matter;
4) The Department’s Hearing Officer’s Report, including its recommended record and the recommended Amendments as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;
5.) The recommended Amendments do not reflect any substantive change from the proposed regulation Amendment as published in the March 1, 2012, Delaware Register of Regulations;
6.) The recommended Amendments should be adopted as final regulation Amendments because Delaware will then be enabled to (1) remove the non-regulatory provisions of Regulation 1131 and add these provisions to the PFI; (2) reformat and reorder the requirements of 1131 and the PFI to simplify and clarify their content; and (3) revising the PFI to ensure it fully comports with federal requirements; and
7.) The Department shall submit this Order approving the final regulation 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.
Collin P. O’Mara, Secretary
1131 Low Enhanced Inspection and Maintenance Program
1.0 Applicability
1.1 This program shall be known as the "Low enhanced Inspection and Maintenance Program" or "LEIM Program", and shall be identified as such in the balance of this regulation.
1.2 This regulation shall apply to New Castle and Kent Counties.
1.3 This regulation shall apply to all vehicles registered in the following postal ZIP codes:
19701 19702 19703 19706 19707 19708 19709 19710 19711 19712 19713 19714 19715 19716 19717 19718 19720 19730 19731 19732 19733 19734 19735 19936 19703 19938 19800 19801 19802 19803 19804 19805 19806 19807 19808 19809 19810 19850 19890 19894 19896 19897 19898 19899 19901 19902 19903 19904 19934 19936 19938 19942 19943 19946 19952 19953 19954 19955 19961 19962 19963* 19964 19977 19979 19980
* Note: If vehicles registered in Sussex County and with this ZIP code, this regulation is not applicable.
1.4 The legal authority for implementation of the LEIM Program is contained in 7 Del.C. Ch. 60, §6010(a). Appendix 1 (d) contains the letter from the State of Delaware, Secretary of the Department to EPA Regional Administrator, W. Michael McCabe committing to continue the I/M program through the enforcement of this regulation out to the attainment year and remain in effect until the applicable area is redesignated to attainment status and a Maintenance Plan is approved by the EPA. 7 Del.C. Ch. 60, §6010(a) does not have a sunset date.
1.5 Requirements after attainment.
This LEIM program shall remain in effect if the area is redesignated 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.
1.6 Definitions
Alternative Fuel Vehicle: Any vehicle capable of operating on one or more fuels, none of which are gasoline, and which is subject to emission testing to the same stringency as a similar gasoline fueled vehicle.
Certified Repair Technician: Automotive repair technician certified jointly by the College (or other training agencies or training companies approved by the Department) and the Department of Natural Resources and Environmental Control and the Division of Motor Vehicles as having passed a recognized course in emission repair. (See Appendix 7 (a))
Certified Manufacturer Repair Technician: Automotive repair technician certified by the Department of Natural Resources and Environmental Control and the Division of Motor Vehicles, as trained in doing emission repairs on vehicles of a specific manufacturer. (See Appendix 7 (a))
College: The Delaware Technical and Community College
Compliance Rate: The percentage of vehicles out of the total number required to be inspected in any given year that have completed the inspection process to the point of receiving a final certificate of compliance or a waiver.
Director: The Director of the Division of Motor Vehicles in the Department of Public Safety.
Division: The Division of Motor Vehicles in the Department of Public Safety of the State of Delaware.
Department: The Department of Natural Resources and Environmental Control of the State of Delaware.
Emissions: 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: The emissions inspection area shall constitute the entire counties of New Castle and Kent.
Emissions Standard(s): The maximum concentration of hydrocarbons (HC), carbon monoxide (CO) or oxides of nitrogen (NOX), or any combination thereof, allowed in the emissions from a motor vehicle as established by the Secretary, as described in this regulation.
Failed Motor Vehicle: Any motor vehicle which does not comply with applicable exhaust emission standards, evaporative system function check requirements and emission control device inspection requirements during the initial test or any retest.
Flexible Fuel Vehicle: Any vehicle capable of operating on more than one fuel type, one of which includes gasoline, which must be tested to program standards for gasoline. This is in contrast to alternative fuel vehicles.
Going Concern: An individual or business with a primary, full time interest in the repair of motor vehicles.
GPM: Grams per mile (grams of emissions per mile of travel).
Manufacturer’s Gross Vehicle Weight: The vehicle gross weight as designated by the manufacturer as the total weight of the vehicle and its maximum allowable load.
Model Year: 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: Includes 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: 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 Clean Screen Exemption: An exemption from the exhaust emissions test and the evaporative system integrity (pressure) test except for the gas cap test on the eight newest model years. This exemption will only apply during periods of long wait times at the inspection facilities.
New Model Year Exemption: An exemption of a designated new model year of an applicable vehicle from any or all of the requirements in this regulation. The exemption shall 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 1997 model year vehicle titled in Delaware in August of 1996 will have an anniversary date of October 1, 1996 and thus does not lose its five model year exemption status until October 1, 2001.
New Motor Vehicle: 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): 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: All official Motor Vehicle Inspection Stations located in New Castle and Kent counties, operated by, or under the auspices of, the Division.
Operator: An employee or contractor of the State of Delaware performing any function related to motor vehicle inspections in the State.
Performance Standard: 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 Mobile5a emission factor model. This matrix of emission factors is dependent upon various speeds, pollutants and evaluation years.
PFI: The Plan for Implementation of Regulation No. 31, which can be also considered to be the technical support document for that regulation.
Reasonable Cost: The actual cost of parts and labor which is necessary to cause the failed motor vehicle to comply with applicable emissions standards or which contributes towards compliance. It shall not include the cost of those repairs determined by the Division to be necessary due to the alteration or removal of any part of the emission control system of the motor vehicle, or due to any damage resulting from the use of improper fuel in the failed motor vehicle.
Registration Fraud: Any attempt by a vehicle owner or operator to circumvent the requirements to properly and legally register any motor vehicle in the State of Delaware.
Secretary: The Secretary of the Department of Natural Resources and Environmental Control.
Stringency Rate: 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: EPA classification of motor vehicles by weight class which includes the terms light duty and heavy duty vehicle.
Waiver: 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: The number of vehicles receiving waivers expressed as a percentage of vehicles failing the initial exhaust emission test.
2.0 Low Enhanced I/M Performance Standard.
2.1 Onroad testing:
The performance standard shall include on-road testing of at least 0.5% of the subject vehicle population, or 20,000 vehicles whichever is less, as a supplement to the periodic inspection required in section 3.1. The requirements are contained in Section 12 of this regulation.
2.2 Onboard diagnostics (OBD):
The performance standard shall include inspection of all 1996 and newer light-duty trucks equipped with certified on-board diagnostic systems with the exception of the five most recent model years, and repair of malfunctions or system deterioration identified by or affecting OBD systems. (See Section 6)
3.0 Network Type And Program Evaluation.
3.1 The LEIM Program shall be a test-only, centralized system operated in New Castle and Kent Counties by the State of Delaware's Division of Motor Vehicles.
3.1.1 Network type: Centralized testing.
3.1.2 Start date: January 1, 1995
3.1.3 Test frequency: Biennial testing.
3.1.4 Model year coverage: Idle and two-speed idle test of all covered vehicles: Model years 1968 and newer for light duty vehicles and model years 1970 and newer for light duty trucks with the exception of the five most recent model years.
3.1.5 Vehicle type coverage: Light duty vehicles, and light duty trucks, rated up to 8,500 pounds Gross Vehicle Weight Rating (GVWR).
3.1.6 Exhaust emission test type: Idle test of all covered vehicles: Model years 1968 through 1980 for light duty vehicles and model years 1970 through 1980 for light duty trucks according to the requirements found in Appendix 6 (a).
Two-speed idle test (vehicle engine at idle and 2500 revolutions per minute (rpm) of all covered vehicles model years 1981 through 1995 according to the requirements found in Appendix 6 (a).
3.1.7 Emission standards: (Emissions limits according to model year may be found in Appendix 3 (a) (7))
Maximum exhaust dilution measured at no less than 6% CO plus carbon dioxide (CO2) on all tested vehicles (as described in Appendix B of the EPA Rule).
3.1.8 Emission control device inspections: Visual inspection of the catalyst on all 1975 and later model year vehicles with the exception of new motor vehicles registered in Delaware.
3.1.9 Evaporative system function checks: Evaporative system integrity (pressure) test on 1975 and later model year vehicles with the exception of the five most recent model years.
3.1.10 Stringency: A 20% emission test failure rate among pre1981 model year vehicles.
3.1.11 Waiver rate: A 3% rate, as a percentage of failed vehicles.
3.1.12 Compliance rate: A 96% compliance rate.
3.1.13 Evaluation date: Low enhanced I/M program areas subject to the provisions of this paragraph shall be shown to obtain the same or lower emission levels as the model program described in this paragraph by 2000 for ozone nonattainment areas and 2001 for CO nonattainment areas, and for severe and extreme ozone nonattainment areas, on each applicable milestone and attainment deadline, thereafter. Milestones for NOX shall be the same as for ozone.
3.2 Onboard diagnostics (OBD): (i) All 1996 and newer light-duty vehicles and light-duty trucks equipped with certified on-board diagnostic systems with the exception of the five most recent model years according to the requirements found in Section 6. (ii) 1996 and newer light-duty vehicles and light-duty trucks not equipped by the manufacturer with certified on-board diagnostics systems with the exception of tampered or removed systems will be required to undergo the two-speed idle test, the evaporative system integrity (pressure) test and the emission control device test.
3.3 Program Evaluation
3.3.1 Program evaluation shall be used in determining actual emission reductions achieved from the LEIM program for the purposes of satisfying the requirements of sections 182(g)(1) and 182(g)(2) of the Clean Air Act, relating to reductions in emissions and compliance demonstration.
3.3.2 Transient mass emission test procedure: A randomly selected number of subject vehicles that are due to be tested according to the requirements of this regulation will be required to undergo, in addition to the required tests, an alternative test procedure to provide information for the purpose of evaluating the overall effectiveness of the Low Enhanced Inspection and Maintenance Program. The test is referred to as the VMASTM method. See Appendix 3 (c) (2).
4.0 Test Frequency And Convenience.
4.1 The LEIM Program shall be operated on a biennial frequency, which requires an inspection of each subject vehicle at least once every two years, regardless of any change in vehicle status, at an official inspection station. New vehicles must be presented for LEIM program testing not more than 60 months after initial titling.
4.2 This system of inspections and registration renewals allows the additional benefit of coupling both enforcement systems together. Local, County and State police shall continue to enforce registration requirements, which shall require inspection in order to come into compliance. Requirements of inspection of motor vehicles before receiving a vehicle registration is found in the Delaware Criminal and Traffic manual Title 21 Del.C. Ch. 21. Violations of registration provisions and the resulting penalties are found in the Delaware Criminal and Traffic Law Manual, Title 21 Del.C. Ch. 21. One 60 day extension shall be available to allow testing and repair.(See Appendix 4 (a) for the citations)
4.3 Stations shall be open to the public at hours designed for maximum public convenience. These hours shall equal a minimum of 42 hours per week. Stations shall remain open continuously through the designated hours, and every vehicle presented for inspection during these hours shall receive a test prior to the daily closing of the station. Testing hours shall be Monday and Tuesday: 8:00 am to 4:30 pm, Wednesday: 12 noon to 8 pm, Thursday and Friday 8:00 am to 4:30 pm. These hours may be subject to change by the State. Official inspection stations shall adhere to regular, extended testing hours and shall test any subject vehicle presented for a test during its test period. (02/10/01)
5.0 Vehicle Coverage.
5.1 Subject Vehicles
The LEIM program is based on coverage of all 1968 and later model year, light duty vehicles and 1970 and later model year light duty trucks up to 8,500 pounds GVWR (with the exception of the five most recent model years and vehicles exempted under Section 5.2). The following is the complete description of the LEIM program:
Vehicles registered or required to be registered within the emission inspection area, and fleets primarily operated within the emissions inspection area boundaries and belonging to the covered model years and vehicle classes comprise the subject vehicles, which are as follows: (See Appendix 5 (a) for DMV Out of State Renewals)
5.1.1 All vehicles titled/registered in Delaware from model year 1968 light duty vehicles and 1970 and later model year light duty trucks and whose vehicle type are subject to the applicable test schedule.
5.1.2 All subject fleet vehicles shall be inspected at an official inspection station.
5.1.3 Subject vehicles which are registered in the program area but are primarily operated in another LEIM area shall be tested, either in the area of primary operation, or in the area of registration. Alternate schedules may be established to permit convenient testing of these vehicles (e.g., vehicles belonging to students away at college should be rescheduled for testing during a visit home).
5.1.4 Vehicles which are operated on Federal installations located within an emission inspection shall be tested, regardless of whether the vehicles are registered in the emission inspection jurisdiction. This requirement applies to all employee owned or leased vehicles (including vehicles owned, leased, or operated by civilian and military personnel on Federal installations) as well as agency owned or operated vehicles, except tactical military vehicles, operated on the installation. This requirement shall not apply to visiting agency, employee, or military personnel vehicles as long as such visits do not exceed 60 calendar days per year. In areas without test fees collected in the lane, arrangements shall be made by the installation with the LEIM program for reimbursement of the costs of tests provided for agency vehicles, at the discretion of the Director. The installation manager shall provide documentation of proof of compliance to the Director. The documentation shall include a list of subject vehicles and shall be updated periodically, as determined by the Director, but no less frequently than each inspection cycle. The installation shall use one of the following methods to establish proof of compliance: Presentation of a valid certificate of compliance from the LEIM program, from any other LEIM program at least as stringent as the LEIM program described herein, or from any program deemed acceptable by the Director. Presentation of proof of vehicle registration within the geographic area covered by the LEIM program, except for any Inspection and Maintenance program whose enforcement is not through registration denial. Another method approved by the Director.
5.1.5 Vehicles powered solely by a "clean fuel" such as compressed natural gas, propane, alcohol and similar non-gasoline fuels shall be required to report for inspection to the same emission levels as gasoline powered cars until standards for clean fuel vehicles become available and are adopted by the State.
5.1.6 Vehicles able to be powered by more than one fuel, such as compressed natural gas and/or gasoline, must be tested and pass emissions standards for all fuels when such standards have become adopted by the Department.
5.2 Exemptions
The following motor vehicles are exempt from the provisions of this regulation:
5.2.1 Vehicles manufactured and registered as Kit Cars
5.2.2 Tactical military vehicles used exclusively for military field operations.
5.2.3 All motor vehicles with a manufacturer's gross vehicle weight over 8,500 pounds.
5.2.4 All motorcycles and mopeds
5.2.5 All vehicles powered solely by electricity generated from solar cells and/or stored in batteries.
5.2.6 Non-road sources, or vehicles not operated on public roads
5.2.7 Model year vehicles 1996 and older powered solely by Diesel fuel
5.3 Any exemption from inspection requirements issued to a vehicle under this Section shall not have an expiration date and shall expire only upon a change in the vehicle status for which the exemption was initially granted.
5.4 Fleet owners are required to have all non-exempted vehicles under their control inspected at an official inspection station during regular station hours.
5.5 Vehicles shall be pre-inspected prior to the emission inspection, and shall be prohibited from testing should any unsafe conditions be found. These unsafe conditions include, but are not limited to significant exhaust leaks, and significant fluid leaks. The Division and the Department shall not be responsible for major vehicle component failures during the test, of parts which were deficient or excessively worn prior to the start of the test.
5.6 New Model Year Clean Screen: Clean Screening exemptions will be determined for model years of vehicles six to eight years old that may be exempt from the two speed idle exhaust emissions test and the evaporative emissions test (except for a fuel cap pressure test) if warranted by queue conditions at the inspection lanes. Each Delaware inspection lane shall independently control clean screen activation. Clean screen mode shall occur when the inspection lane queue exceeds 60 minutes. The Lane Manager (or designee) must advise inspection personnel to activate the process. Once a queue reduction to less than 60 minutes takes place, reversion to the normal testing protocol shall occur. Wait times will be determined by queue lengths that surpass lane markers that indicate expected wait time of 60 minutes or more. The Lane Manager (or designee) is responsible for advising inspection personnel to activate the clean screening exemption process. Once a reduction in queue length to that representing a motorist wait time of less than 60 minutes takes place, reversion to the normal testing protocol shall occur. Each Delaware inspection lane shall independently control clean screen activation. The Division of Motor Vehicles will cap, on an annual basis, the number of vehicles which may be exempted through clean screening by model year in order to prevent failure to meet expected emission reductions. The first year of implementation will have an annual cap of 14,000 vehicles. If the specified number of vehicles clean screened for an individual model year equals the annual cap of emissions for that individual model year, no more vehicles for that model year will be exempt. The maximum allowable number of vehicles to be clean screened will be re-evaluated annually.
6.0 Test Procedures And Standards
6.1 Test procedure requirements. (The test procedure use to perform this test shall conform to the requirements shown in Appendix 6 (a)).
6.1.1 Initial tests (i.e., those occurring for the first time in a test cycle) shall be performed without repair or adjustment at the inspection facility, prior to the test.
6.1.2 An official test, once initiated, shall be performed in its entirety regardless of intermediate outcomes except in the case of invalid test condition or unsafe conditions.
6.1.3 Tests involving measurements shall be performed with equipment that has been calibrated according to the quality control procedures established by the Department
6.1.4 Vehicles shall be rejected from testing, as covered in this section, if the exhaust system is missing or leaking, or if the vehicle is in an unsafe condition for testing.
6.1.5 After an initial failure of any portion of any emission test (idle or two speed idle test) in the LEIM program, all vehicles shall be retested without repairs being performed. This retest shall be indicated on the records as the second chance test. After failure of the second chance test, prior to any subsequent retests, proof of appropriate repairs must be submitted indicating the type of repairs and parts installed (if any). This shall be done by completing the “Vehicle Emissions Repair Report Form” (Appendix 6 (a) (5) which will be distributed to anyone failing the emissions test.)
6.1.6 Idle testing using BAR 90 emission analyzers (analyzers that have been certified by the California Bureau of Automotive Repair) shall be performed on all 1968 through 1995 model year vehicles in New Castle and Kent Counties.
6.1.7 Emission control device inspection. Visual emission control device checks shall be performed through direct observation or through indirect observation using a mirror. These inspections shall include a determination as to whether each subject device is present.
6.1.8 Evaporative System Integrity Test. Vehicles shall fail the evaporative system integrity test(s) if the system(s) cannot maintain the equivalent pressure of eight inches of water for up to two minutes after being pressurized to 14 plus or minus 0.5 inches of water. Additionally, vehicles shall fail evaporative system integrity testing if the canister is missing or obviously disconnected, the hoses are crimped off, or the fuel cap is missing. Evaporative system integrity test procedure is found in See Appendix 6 (a)(8).
6.1.9 Onboard diagnostic checks. Vehicles shall be tested following the procedures found in Appendix 6 (a)(9).
6.2 Test standards
6.2.1 Emissions standards.
HC, CO, CO+CO2 (or CO2 alone), emission standards shall be applicable to all vehicles subject to the LEIM program and repairs shall be required for failure of any standard regardless of the attainment status of the area. Steadystate short tests.
Appropriate model program standards shall be used in idle testing of vehicles from model years 1968 light duty vehicles and model years 1970 light duty trucks and newer.
6.2.2 Visual equipment inspection standards performed by the Motor Vehicle Technician. Vehicles shall fail visual inspections of subject emission control devices if such devices are part of the original certified configuration and are found to be missing, modified, disconnected, or improperly connected.
6.2.3 Onboard diagnostics test standards. Vehicles shall fail the OBD test if: Malfunction Indicator Light (MIL) is not lit during key on, engine off check of bulb; and/or MIL lit (or commanded on) for any Diagnostic Trouble Codes (DTC); Data Link Connector (DLC) is damaged, missing, tampered or obstructed by an after-market device More than two unset readiness codes for model years 1996-2000 unless an exception from this provision is given under the requirements in Appendix 6 (a) (9) for vehicles that have failed the initial test and have been repaired where the monitors are not yet ready to test. In addition, an exception to this provision will be allowed for vehicles listed in Appendix 6 (a) (9) by model and year. More than one un set readiness code for model years 2001 and newer unless an exception from this provision is given under the requirements in Appendix 6 (a) (9) for vehicles that have failed the initial test and have been repaired where the monitors are not yet ready to test. In addition, an exception to this provision will be allowed for vehicles listed in Appendix 6 (a) (9) by model and year.
6.3 Applicability.
In general, section 203(a)(3)(A) of the Clean Air Act prohibits altering a vehicle's configuration such that it changes from a certified to a noncertified configuration. In the inspection process, vehicles that have been altered from their original certified configuration are to be tested by the Motor Vehicle Technician in the same manner as other subject vehicles.
6.3.1 Vehicles with engines of a model year older than the chassis model year shall be required to pass the standards commensurate with the chassis model year.
6.3.2 Vehicles that have been switched from an engine of one fuel type to another fuel type that is subject to the LEIM program (e.g., from a diesel engine to a gasoline engine) shall be subject to the test procedures and standards for the current fuel type, and to the requirements of paragraph (c)(1) of this section.
6.3.3 Vehicles that are switched to a fuel type for which there is no certified configuration shall be tested according to the most stringent emission standards established for that vehicle type and model year. Emission control device requirements may be waived if the Division determines that the alternatively fueled vehicle configuration would meet the new vehicle standards for that model year without such devices.
6.3.4 Vehicles converted to run on alternate fuels, frequently called a dual-fuel vehicle, shall be tested and required to pass the most stringent standard for each fuel type.
6.3.5 Mixing vehicle classes (e.g., lightduty with heavyduty) and certification types (e.g., California with Federal) within a single vehicle configuration shall be considered tampering.
7.0 Waivers And Compliance Via Diagnostic Inspection
7.1 Waiver issuance criteria.
7.1.1 Motorists shall expend a reasonable cost, as defined in Section 1 of this Regulation in order to qualify for a waiver. For vehicles failing the exhaust emissions test under Section 3 (a) (6), in order to qualify for waiver repairs on any 1981 or later model year vehicle shall be performed by a certified repair technician or a certified manufacturer repair technician, as defined in Section 1 of this regulation, and must have been appropriate to correct the emission failure. Repairs of primary emission control components may be performed by nontechnicians (e.g., owners) to apply toward the waiver limit. The waiver would apply to the cost of parts for the repair or replacement of the following list of emission control component systems: Air induction system (air filter, oxygen sensor), catalytic converter system (convertor, preheat catalyst), thermal reactor, EGR system (valve, passage/hose, sensor) PCV System, air injection system (air pump, check valve), ignition system (distributor, ignition wires, coil, spark plugs). The cost of any hoses, gaskets, belts, clamps, brackets or other emission accessories directly associated with these components may also be applied to the waiver limit. For vehicles failing the on-board diagnostics test under Section 3 (b) in order to qualify for waiver, repairs on any 1996 or later model year vehicle shall be performed by a certified repair technician or a certified manufacturer repair technician, as defined in Section 1 of this regulation, and must have been appropriate to correct the emission failure.
7.1.2 Any available warranty coverage shall be used to obtain needed repairs before expenditures can be counted towards the cost limits in paragraph (a)(4) of this section. The operator of a vehicle within the statutory age and mileage coverage under section 207(b) of the Clean Air Act shall present a written denial of warranty coverage from the manufacturer or authorized dealer for this provision to be waived for approved tests applicable to the vehicle.
7.1.3 Receipts shall be submitted for review to further verify that qualifying repairs were performed.
7.1.4 A minimum expenditure for repairs of $75 for pre81 model year vehicles or a minimum expenditure of $200 for 1981 model year and newer vehicles shall be spent in order to qualify for a waiver. The minimum repair cost for 1981 and newer vehicles shall increase to $450 starting January 1, 2000. For each subsequent year, the $450 minimum expenditure shall be adjusted in January of that year by the percentage, if any, by which the Consumer Price Index for the preceding calendar year differs from the Consumer Price Index for 1989.
7.1.5 The issuance of a waiver applies only to those vehicles failing an exhaust emission or on-board diagnostics tests. No waivers are granted to vehicles failing the evaporative emission integrity test.
7.1.6 Waivers shall be issued by the Division Director only after: a vehicle has failed a retest for only the exhaust emissions or on-board diagnostics portions of the program, performed after all qualifying repairs have been completed;
7.1.7 Qualifying repairs include repairs of primary emission control components performed within 90 days of the test date.
7.1.8 Waivers issued pursuant to this regulation are valid until the date of current registration expiration.
7.1.9 Waivers will not be issued to vehicles for tampering related repairs. The cost of tampering related repairs shall not be applicable to the minimum expenditure in paragraph (a)(4) of this section. The Director will issue exemptions for tampering related repairs if it can be verified that the part in question or one similar to it is no longer available for sale
7.2 Compliance via diagnostic inspection.
Vehicles subject to an emission test at the cutpoints shown in Appendix 3 (a)(7) of Regulation 31 may be issued a certificate of compliance without meeting the prescribed emission cutpoints, if, after failing a retest on emissions, a complete, documented physical and functional diagnosis and inspection performed by a Delaware Certified Emission Repair Technician shows that no additional emission related repairs are needed.
7.3 In order to meet the requirements of the EPA Rule, the State commits to maintaining a waiver rate equal to or less than 3% of the failed vehicles.
7.3.1 The Secretary shall take corrective action to lower the waiver rate should the actual rate reported to EPA be above 3%.
7.3.3 Actions to achieve the 3% waiver rate, if required, shall include measures such as not issuing waivers on vehicles less than 6 years old, raising minimum expenditure rates, and limiting waivers to once every four years. If the waiver rate cannot be lowered to levels committed to in the SIP, or if the State chooses not to implement measures to do so, then the Secretary shall revise the I/M emission reduction projections in the SIP and shall implement other LEIM program changes needed to ensure the performance standard is met.
8.0 Motorist Compliance Enforcement.
8.1 Registration denial.
Registration denial enforcement (See Appendix 8 (a), the Systems Requirement Definition for the Registration Denial process) is defined as rejecting an application for initial registration or re-registration of a used vehicle (i.e., a vehicle being registered after the initial retail sale and associated registration) unless the vehicle has complied with the LEIM program requirement prior to granting the application. This enforcement is the express responsibility of the Division with the assistance of police agencies for on road inspection and verification. The law governing the registration of motor vehicles is found in the Delaware Criminal and Traffic Law Manual, Title 21 Del.C. Ch. 21. Pursuant to section 207(g)(3) of the Act, nothing in this section shall be construed to require that new vehicles shall receive emission testing prior to initial retail sale. In designing its enforcement program, the Director shall:
8.1.1 Provide an external, readily visible means of determining vehicle compliance with the registration requirement to facilitate enforcement of the LEIM program. This shall be in the form of a window sticker and tag sticker which clearly indicate the vehicles compliance status and next inspection date;
8.1.2 Adopt a schedule of biennial testing that clearly determines when a vehicle shall have to be inspected to comply prior to (re)registration;
8.1.3 Design a registration denial system which features the electronic transfer of information from the inspection lanes to the Division's Data Base, and monitors the following information: Expiration date of the registration; Unambiguous vehicle identification information; and Whether the vehicle received either a waiver or a certificate of compliance; The Division’s unique windshield certificate identification number to verify authenticity; and The Division shall finally check the inspection database to ensure all program requirements have been met before issuing a vehicle registration.
8.1.4 Ensure that evidence of testing is available and checked for validity at the time of a new registration of a used vehicle or registration renewal.
8.1.5 Prevent owners or lessors from avoiding testing through manipulation of the title or registration system; title transfers do not restart the clock on the inspection cycle.
8.1.6 Limit and track the use of time extensions of the registration requirement to only one 60 day extension per vehicle to prevent repeated extensions.
8.2 Owners of subject vehicles must provide valid proof of having received a passing test or a waiver to the Director’s representative in order to receive registration from the Division.
8.3 State and local enforcement branches, such as police agencies, as part of this program, shall cite motorist who do not visibly display evidence of compliance with the registration and inspection requirements.
8.4 Fleet and all other registered applicable vehicle compliance shall be assured through the regular enforcement mechanisms concurrent with registration renewal, on-road testing and parking lot observation. Fleets shall be inspected at official inspection stations.
8.5 Federal fleet compliance shall be assured through the cooperation of the federal fleet managers as well as also being subject to regular enforcement operations of the Division.
9.0 Enforcement Against Operators And Motor Vehicle Technicians.
9.1 Imposition of penalties
The State of Delaware shall continue to operate the LEIM program using State of Delaware Employees for all functions. Should enforcement actions be required for violations of program requirements, the State of Delaware Merit Rules, shall be adhered to in all matters. Applicable provisions of these documents are found in Appendix 9 (a).
9.2 Legal authority.
9.2.1 The Director shall have the authority to temporarily suspend station Motor Vehicle Technicians' certificates immediately upon finding a violation or upon finding the Motor Vehicle Technician administered emission tests with equipment which had a known failure and that directly affects emission reduction benefits.
9.2.2 The Director shall have the authority to impose disciplinary action against the station manager or the Motor Vehicle Technician, even if the manager had no direct knowledge of the violation but was found to be careless in oversight of motor vehicle technicians or has a history of violations, in accordance with the State of Delaware Merit Rules. The lane manager shall be held fully responsible for performance of the motor vehicle technician in the course of duty.
10.0 Improving Repair Effectiveness.
A prerequisite for a retest shall be a completed repair form that indicates which repairs were performed. (See Section 6 (a) (5) of this Regulation).
11.0 Compliance With Recall Notices.
12.0 On-Road Testing.
12.1 Periodic random Delaware registered vehicle pullovers on Delaware highways will occur without prior notice to the public for on-road vehicle exhaust emission testing.
12.2 Vehicles identified by the on-road testing portion of the LEIM program shall be notified of the requirement for an out-of-cycle emission retest, and shall have 30 days from the date of the notice to appear for inspection. Vehicles not appearing for a retest shall be out of compliance, and be liable for penalties under Title 21 of Delaware Criminal and Traffic Law Manual and the Division will take action to suspend the vehicle registration.
13.0 Implementation Deadlines.
All requirements related to the LEIM program shall be effective ten days after the Secretary’s order has been signed and published in the State Register except for the following provisions that have been amended to this regulation:
Date of Implementation
13.1 Two-speed idle test (vehicle at idle and 2500 rpm) November 1, 1999
of all covered vehicles model
years 1981 and newer
13.2 Program Evaluation using
VMASTM test procedure. January 1, 2002
13.3 On-Board Diagnostics Test January 1, 2002
2 DE Reg. 234 (08/01/98)
2 DE Reg. 2286 (06/01/99)
2 DE Reg. 2316 (06/01/98)
4 DE Reg. 1267 (02/01/01)
5 DE Reg. 940 (10/01/01)
Commitment to Extend the I/M Program to the Attainment
Date Letter from Secretary Tulou to EPA
Regional Administrator, W. Michael McCabe
June 1, 1998
Mr. W. Michael McCabe
Regional Administrator
EPA, Region III
841 Chestnut Building
Philadelphia, PA 19107
Dear Mr. McCabe:
This correspondence is to address one of the cited deficiencies published in the May 19, 1997 EPA rulemaking, concerning Delaware’s Inspection and Maintenance regulation. I understand that this letter will address the following deficiency:
Provide a statement from an authorized official that the authority to implement Delaware’s I/M program as stated above will continue through the attainment date . . .
The Delaware I/M regulation has no sunset provision and there is nothing in the Delaware statute that requires our regulations to have a sunset date nor to be re-authorized in order to continue beyond a sunset date.
We fully expect, barring the repeal of 7 Del.C. Chapter 67, the Delaware I/M regulation will be implemented to the full extent of the law through the attainment date and most likely through the maintenance period when that occurs.
Please feel free to contact Darryl Tyler, Program Administrator of the Air Quality Management Section at (302) 739-4791, if you should have any questions.
Christophe A. G. Tulou
cc:Jeffrey W. Bullock, Governor’s Chief of Staff
J. Jonathan Jones, Governor’s Policy Assistant for Federal Affairs
Secretary Karen L. Johnson, Delaware Department of Public Safety
Secretary Anne P. Canby, Delaware Department of Transportation
APPENDIX 3 - (a)(7)
Auto/Station Wagons (passenger vehicles)
Pickup/Van under 8501#
APPENDIX 3 (c) (2)
General Requirements
Test Parameters. The following information shall be determined for the vehicle being tested and used to automatically select the dynamometer inertia, power absorption settings, and evaporative emission test parameters.
Model Year
Model name
Body style
Number of cylinders
Engine displacement
Alternative computerized methods of selecting dynamometer test conditions, such as VIN de-coding, may be used.
Ambient Conditions. The ambient temperature, absolute humidity, and barometric pressure shall be recorded continuously during the transient test, or as a single set of readings if taken less than 4 minutes prior to the transient driving cycle.
Restart. If shut off, the vehicle shall be restarted as soon as possible before the test and shall be running at least 30 seconds prior to the transient driving cycle.
During the entire VMASTM testing procedure the vehicle shall be operated by a certified Motor Vehicle Technician (herein called inspector) and the vehicle owner or operator shall be asked to wait in a specified area during the test.
Pre-inspection and Preparation
Accessories. All accessories (air conditioning, heat, defogger, radio, automatic traction control if switchable, etc.) shall be turned off by the inspector, if necessary.
Traction Control and Four-Wheel Drive (4WD). Vehicles with traction control systems that cannot be turned off shall not be tested on two wheel drive dynamometers. Vehicles with 4WD that cannot be turned off shall only be tested on 4WD dynamometers. If the 4WD function can be disabled, then 4WD vehicles may be tested on two wheel drive dynamometers.
Leaks. The vehicle shall be inspected for exhaust leaks. Audio assessment while blocking exhaust flow, or measurement of carbon dioxide or other gases, shall be acceptable. Vehicles with leaking exhaust systems shall be rejected from testing.
Operating Temperature. The vehicle temperature gauge, if equipped and operating, shall be checked to assess temperature. If the temperature gauge indicates that the engine is well below (less than 180(F) normal operating temperature, the vehicle shall not be fast-failed and shall get a second-chance emission test if it fails the initial test for any criteria exhaust component. Vehicles in overheated condition shall be rejected from testing.
Tire Condition. Vehicles shall be rejected from testing if tire cords, bubbles, cuts, or other damage are visible. Vehicles shall be rejected that have space-saver spare tires on the drive axle. Vehicles may be rejected if they do not have reasonably sized tires. Vehicle tires shall be visually checked for adequate pressure level. Drive wheel tires that appear low shall be inflated to approximately 30 psi, or to tire side wall pressure, or manufacturer's recommendation. The tires of vehicles being tested for the purposes of program evaluation under the Code of Federal Regulations Title 40 §51.353(c) shall have their tires inflated to tire side wall pressure.
Ambient Background. [RESERVED]
Sample System Purge. [RESERVED]
Equipment Positioning and Settings
Purge Equipment. If an evaporative system flow meter purge test is to be performed:
The purge flow meter shall be connected in series between the evaporative canister and the engine.
All hoses disconnected for the test shall be reconnected after a purge flow test is performed.
Roll Rotation. The vehicle shall be maneuvered onto the dynamometer with the drive wheels positioned on the dynamometer rolls. Prior to test initiation, the rolls shall be rotated until the vehicle laterally stabilizes on the dynamometer. Drive wheel tires shall be dried if necessary to prevent slippage during the initial acceleration.
Cooling System. The use of a cooling system is optional when testing at temperatures below 50(F). Furthermore, the hood may be opened at the state's discretion. If a cooling system is in use, testing shall not begin until the cooling system is positioned and activated. The cooling system shall be positioned to direct air to the vehicle cooling system, but shall not be directed at the catalytic converter.
Vehicle Restraint. Testing shall not begin until the vehicle is restrained. Any restraint system shall meet the requirements of the Code of Federal Regulations Title 40, §85.2226(a)(5)(vii). The parking brake shall be set for front wheel drive vehicles prior to the start of the test. The parking brake need not be set for vehicles that release the parking brake automatically when the transmission is put in gear.
Dynamometer Settings. Dynamometer power absorption and inertia weight settings shall be automatically chosen from an EPA-supplied electronic look-up table which will be referenced based upon the vehicle identification information obtained in Code of Federal Regulations Title 40, §85.2221(a)(1). Vehicles not listed shall be tested using default power absorption and inertia settings in the latest version of the EPA I/M Look-up Table, as posted on EPA's web site:
Exhaust Collection System. The exhaust collection system shall be positioned to insure complete capture of the entire exhaust stream from the tailpipe during the transient driving cycle. The system shall meet the requirements of §85.2226(b)(2) in the Code of Federal Regulations Title 40,.
Vehicle Conditioning
Queuing Time. Not applicable
Program Evaluation. Vehicles being tested for the purpose of program evaluation under Section 3 (c) (2) shall receive two full VMAS emission tests (i.e., a full 240 seconds each). Results from both tests and the test order shall be separately recorded in the test record. Emission scores and results provided to the motorist may be from either test.
Discretionary Preconditioning.
Any vehicle may be preconditioned by maneuvering the vehicle on to the dynamometer and driving the 94 to 239 second segment of the transient cycle in § 85.2221(e)(1) Code of Federal Regulations Title 40,. This method has been demonstrated to adequately precondition the vast majority of vehicles (SAE 962091). Other preconditioning cycles may be developed and used if approved by the Administrator of the USEPA.
Second-Chance Purge Testing. Not applicable
Vehicle Emission Test Sequence
Transient Driving Cycle. The vehicle shall be driven over the following cycle:
Table A
Driving Trace. The inspector shall follow an electronic, visual depiction of the time/speed relationship of the transient driving cycle (hereinafter, the trace). The visual depiction of the trace shall be of sufficient magnification and adequate detail to allow accurate tracking by the inspector/driver and shall permit anticipation of upcoming speed changes. The trace shall also clearly indicate gear shifts as specified in paragraph (3) and Table B below.
Shift Schedule. To identify gear changes for manual shift vehicles, the driving display presented to the inspector/driver shall be designed according to the following shift schedule and prominently display visual cues where the inspector/driver is required to change gears:
Table B
Gear shifts shall occur at the points in the driving cycle where the specified speeds are obtained. For vehicles with fewer than six forward gears the same schedule shall be followed with shifts above the highest gear disregarded.
Automatic shift vehicles with overdrive or fuel economy drive modes shall be driven in those modes.
(4) Speed Excursion Limits. Speed excursion limits shall apply as follows:
(1) The upper limit is 2 mph higher than the highest point on the trace within 1 second of the given time.
(2) The lower limit is 2 mph lower than the lowest point on the trace within 1 second of the given time.
(3) Vehicle speed excursions beyond tolerance limits given in items a. and b. above are acceptable provided that each such excursion is not more than 2 seconds in duration.
(4) Speeds lower than those prescribed during accelerations are acceptable provided the vehicle is operated at maximum available power during such accelerations until the vehicle speed is within the excursion limits.
[Reserved : Criteria that shall allow limited excursions of speed higher than the prescribed upper limit in paragraphs (i) through (iii) ]
A transient emissions test shall be void and the vehicle retested if the speed excursion limits prescribed by paragraphs (i) through (iii) are exceeded, except in the event that computer algorithms, developed by the Department, determine that the conditions of paragraphs (v) and (vi) are applicable. Tests may be aborted if the speed excursion limits are exceeded.
21 Del.C. 21, §§ 2115, 2116
§ 2115
“No person shall:
(l) Operate or, being the owner of any motor vehicle, trailer or semitrailer, knowingly permit the operation upon a highway of any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number plate or plates assigned thereto by the Department and unexpired registration plate or plates, subject to the exemptions allowed in this title, or under temporary or limited permits as otherwise provided by this title;
(2) Display or cause or permit to be displayed or have in possession any registration card, number plate or registration plate, knowing the same to be fictitious or to have been canceled, revoked, suspended or altered;
(3) Lend to, or knowingly permit the use by, one not entitled thereto any registration card, number plate or registration plate issued to the person so lending or permitting the use thereof;
(4) Fail or refuse to surrender to the Department upon demand any registration card, number plate or registration plate which has been suspended, canceled or revoked as provided in this title;
(5) Use a false or fictitious name or address in any application for the registration or inspection of any vehicle, or for any renewal or duplicate thereof, or for any certificate or transfer of title, or knowingly make a false statement, knowingly conceal a material fact or otherwise commit a fraud in any such application;
(6) Drive or move or, being the owner, cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or which is equipped in any manner in violation of this title, but the provisions of this title with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable;