House of Representatives

HB 2577

emissions testing; heavy diesel vehicles

Sponsors: Rep. Allen, Weirs: Blendu, Carruthers, et al

DPA S/E	Committee on Environment
dpa	Caucus and COW
x	As Passed the House

DEQ is authorized to establish and administer a roadside diesel testing program for vehicles that are operated in area A or area B with a gross vehicle weight rating of more than 10,000 pounds. The agency may contract with an independent contractor to implement the program.

History

The following information is from the Brown Cloud Summit's January 16, 2001 final report, which is available at http://www.adeq.state.az.us/environ/air/browncloud/index.html.

In 1996, EPA recommended that the SAE J1667 test be used in roadside diesel testing programs, and since then, several states have operated pilot and/or regulatory programs. As a result of a 1998 Task Force recommendation, the Legislature enacted SB 1427 in the regular 1998 Legislative Session. This bill authorized ADEQ to conduct a pilot roadside diesel test program, using the Society of Automotive Engineers (SAE) J1667, or snap idle, test for diesel vehicles with a GVWR at or above 8,500 pounds. The goal of the program was to tabulate pass and fail rates and obtain registration and noncompliance information regarding failing vehicles in order to make recommendations for implementation of a permanent program.

However HB 2001, enacted in the December 1998 Special Session, directed ADEQ to reduce administrative expenses resulting in a reduction in force which eliminated the positions established to conduct the pilot roadside diesel test. This proposed measure would replace the authority to conduct pilot testing with a regulatory program.

Provisions

· DEQ may administer the program through an independent contractor.

· Diesel powered vehicles over 10,000 pounds GVW operated in Area A or B are subject to this emissions test.

· The test method is a snap idle smoke opacity test conforming with the SAE J1667 standard and a visual and tampering inspection. Cutpoints are set based on vehicle model years (40% for model year 1991 or newer; 55% for model years 1974-1990; 70% for model year 1973 and older) and are subject to adjustment by DEQ.

· Vehicles equipped with any engine for which the manufacturer has demonstrated greater smoke opacity than the standards when adjusted to the manufacturer's specification shall be subject to alternative test standards. DEQ shall adopt rules in the event alternative smoke opacity standards are necessary for other engines pursuant to CARB technical bulletin MSD-NHDDS-96-006 (August 1998).

· A six-month phase in period shall be established to raise awareness of the program and encourage repair. After the six-month period, penalties may be issued.

· A civil penalty applies to the driver of the vehicle if the vehicle fails the snap idle opacity test, the visual and tampering inspection or the owner or operator refuses to submit to the testing procedures. Notices of violation and citations issued and penalties assessed are appealable agency actions. The penalty ranges from $300 to $1,800 depending on the circumstances of the violation. DEQ shall deposit monies received from civil penalties to the general fund.

· DEQ shall submit a study report regarding the roadside diesel testing program to the Governor, the President of the Senate, the Speaker of House of Representatives and the Arizona State Library, Archives and Public Records. The report is to contain the following elements:

· The feasibility of coordinating the program with existing pullover programs.

· The identification of the location of existing inspection sites and potential locations for additional sites.

· The assessment of the potential number or percentages of diesel vehicles that visual screening would result in the suspected vehicle being inspected for exceeding the standards.

· Scope, operation and schedule for implementation.

The Environment Committee adopted a strike-everything amendment as follows:

DEQ is authorized to establish and administer a roadside diesel testing program for vehicles that are operated in the state with a gross vehicle weight rating of more than 10,000 pounds. The agency may contract with an independent contractor to implement the program.

· DEQ may administer the program through an independent contractor. If an independent contractor is used, the following minimum provisions shall be contained in the contract: testing not less than 300,000 vehicles annually, an initial contract period of not less than 5 years with the option of renewal for 2 years, payment on a per test basis, structuring the bid so there shall be no net cost to the state in the first year.

· The test method is a snap idle smoke opacity test conforming with the SAE J1667 standard and a visual and tampering inspection. Cutpoints are set based on vehicle model years (40% for model year 1991 or newer; 55% for model years 1974-1990; 70% for model year 1973 and older) and are subject to adjustment by DEQ.

· Vehicles equipped with any engine for which the manufacturer has demonstrated greater smoke opacity than the standards when adjusted to the manufacturer's specification shall be subject to alternative test standards. DEQ shall adopt rules in the event alternative smoke opacity standards are necessary for other engines pursuant to CARB technical bulletin MSD-NHDDS-96-006 (August 1998).

· A six-month phase in period shall be established to raise awareness of the program and encourage repair. After the six-month period, penalties may be issued.

· A civil penalty applies to the driver of the vehicle if the vehicle fails the snap idle opacity test, the visual and tampering inspection or the owner or operator refuses to submit to the testing procedures. Notices of violation and citations issued and penalties assessed are appealable agency actions. The penalty ranges from $300 to $1,800 depending on the circumstances of the violation.

· DEQ shall deposit monies received from civil penalties to the general fund.

· DEQ shall submit a study report regarding the roadside diesel testing program to the Governor, the President of the Senate, the Speaker of House of Representatives and the Arizona State Library, Archives and Public Records. The report is to contain the following elements:

· The feasibility of coordinating the program with existing pullover programs.

· The identification of the location of existing inspection sites and potential locations for additional sites.

· The assessment of the potential number or percentages of diesel vehicles that visual screening would result in the suspected vehicle being inspected for exceeding the standards.

· Scope, operation and schedule for implementation of the program.

The Committee of the Whole adopted a floor amendment to the strike-everything amendment.

· The program is for Areas A and B rather than statewide.

· Citations would be sent via certified mail rather than first class.

· The specific contract provisions are removed: testing 300,000 vehicles annually, a minimum five year contract with a two year renewal, payment on a per test basis, bid structured so there is no net cost to the state during the first year of the contract.

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· 45th Legislature

· Second Regular Session 3 March 23, 2001

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