DAQ-2024-008993

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UTAH STATE IMPLEMENTATION PLAN 4
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SECTION X 6
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VEHICLE INSPECTION AND MAINTENANCE PROGRAM 8
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PART A 10
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GENERAL REQUIREMENTS AND APPLICABILITY 12
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Adopted by the Utah Air Quality Board 40
February 7, 2024 41
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Table of Contents 2
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1. General Requirements .............................................................................................................................................. 1 5
2. Applicability ............................................................................................................................................................. 4 6
3. General Summary ...................................................................................................................................................... 4 7
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Section X, Part A, page 1
UTAH STATE IMPLEMENTATION PLAN 1
SECTION X 2
VEHICLE INSPECTION AND MAINTENANCE PROGRAM 3
PART A 4
GENERAL REQUIREMENTS AND APPLICABILITY 5
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1. General Requirements 8
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Federal I/M Program requirements: Utah was previously required by Section 182 and 10
Section 187 of the Clean Air Act (CAA) to implement and maintain an Inspection and 11
Maintenance (I/M) program in Davis, Salt Lake, Utah, and Weber counties that met the 12
minimum requirements of 40 Code of Federal Regulation (CFR) Part 51 Subpart S and 13
was at least as effective as the Environmental Protection Agency’s (EPA's) Basic 14
Performance Standard as specified in 40 CFR 51.352. The Basic Performance Standard 15
requirement is no longer applicable as the relevant nonattainment areas in Davis, Salt 16
Lake, Utah, and Weber counties have been redesignated to attainment / maintenance for 17
the carbon monoxide (CO) National Ambient Air Quality Standards (NAAQS) and the 1-18
hour ozone NAAQS. Parts A, B, C, D, and E of Section X, together with the referenced 19
appendices, continue to demonstrate compliance with the 40 CFR Part 51 provisions for 20
Inspection and Maintenance Program Requirements for Davis, Salt Lake, Utah, and 21
Weber counties and produce mobile source emission reductions that are sufficient to 22
demonstrate continued maintenance of the applicable CO and 1-hour ozone NAAQS. In 23
addition, the Cache, Davis, Salt Lake, Utah, and Weber counties' I/M programs are also 24
utilized as a control measure to attain and maintain EPA's particulate NAAQS (PM2.5 and 25
PM10). 26
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On-Board Diagnostics (OBD) Checks: By January 1, 2002, OBD checks and OBD-28
related repairs are required as a routine component of Utah I/M programs on model year 29
1996 and newer light-duty vehicles and light-duty trucks equipped with certified on-30
board diagnostic systems. The federal performance standard requires repair of 31
malfunctions or system deterioration identified by or affecting OBD systems. 32
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Utah I/M program history and general authority: The legal authority for Utah's I/M 34
programs, Utah Code Annotated Section 41-6-163.6 1, was enacted during the First 35
Special Session of the Utah Legislature in 1983. I/M programs were initially 36
implemented by Davis and Salt Lake counties in 1984, Utah County in 1986, and Weber 37
County in 1990. 38
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In 1990, the Legislature enacted Section 41-6-163.7 2 that requires counties with I/M 40
programs use computerized I/M testing equipment, adopt standardized emission 41
standards, and provide for reciprocity. Those requirements were fully implemented by 42
Davis, Salt Lake, and Utah counties on September 1, 1991, and Weber County on 43

1 Renumbered and recodified in 2005 at Utah Code Annotated 41-6a-1642
2 Renumbered and recodified in 2005 at Utah Code Annotated 41-6a-1643

Section X, Part A, page 2
January 1, 1992. 1
2
Section 41-6-163.6 was again amended by the Legislature in 1992 to include vehicles 3
owned and operated by the federal government, federal employees, and students and 4
employees of colleges and universities. The 1992 revision of 41-6-163.6 also established 5
more stringent restrictions for vehicles that qualify for a farm truck exemption. 6
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Section 41-6-163.6 requires that, if identified as necessary to attain or maintain any 8
NAAQS, a county must create an I/M program that follows the criteria outlined in 9
Section 41-6-163.6. Once a county enacts regulations or ordinances, amendments to 10
Section 19-2-104 in 1992 authorized the Utah Air Quality Board to formally establish 11
those requirements for county I/M programs after obtaining agreement from the affected 12
counties. Section 41-6-163.6 was also amended to allow the counties to subject 13
individual motor vehicles to inspection and maintenance at times other than the annual 14
inspection. 15
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Section 41-6-163.6 was amended in 1994 to authorize implementation of I/M programs 17
stricter than minimum federal requirements in counties where it is necessary to attain or 18
maintain ambient air quality standards. Section 41-6-163.6 requires preference be given 19
to a decentralized program to the extent that a decentralized program will attain and 20
maintain ambient air quality standards and meet federal requirements. It also requires 21
affected counties and the Air Quality Board to give preference to the most cost-effective 22
means to achieve and maintain the maximum benefit for air quality standards and to meet 23
federal air quality requirements related to motor vehicles. The Legislature indicated 24
preference for a reasonable phase-out period for replacement of air pollution test 25
equipment made obsolete by an I/M program in accordance with applicable federal 26
requirements and if such a phase-out does not otherwise interfere with attainment of 27
ambient air quality standards. 28
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House Concurrent Resolution No. 9 of the 1994 General Session of the Legislature 30
(H.C.R. 9) was a concurrent resolution of the Legislature and the Governor expressing 31
opposition to the EPA’s position regarding the implementation of enhanced vehicle 32
inspection. Additionally, H.C.R. 9 urged the EPA to recognize the benefits of other 33
vehicle inspection program options and to work with the state to develop workable plans 34
for attaining ambient air quality standards and protecting public health. 35
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In 1995, the Legislature amended Section 41-6-163.7 to rescind the requirement for I/M 37
program standardization and reciprocity between counties. While advantageous, 38
standardization and reciprocity between I/M counties is no longer required, and each I/M 39
county is free to develop an I/M program that best meets the respective county’s needs. 40
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In 2002, the Legislature amended Section 41-6-163.7 to allow for inspection every other 42
year for cars that are six years old or newer on January 1 each year. This provision is 43
applicable to the extent allowed under the current state implementation plan for each 44
area. 45
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Section X, Part A, page 3
In 2005, the Legislature renumbered Section 41-6-163.6 and re-codified it as Section 41-1
6a-1642. The Legislature also amended Section 41-6a-1642 to allow counties with an 2
I/M program to require college students and employees who park a motor vehicle on 3
college or university campus that is not registered in a county subject to emission 4
inspection, to provide proof of compliance with an emission inspection. 5
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Section 41 6a-1642 was amended in 2008 to provide an exemption for vintage vehicles, 7
which are defined in Section 41-21-1. Section 41 6a-1642 was again amended in 2009 to 8
provide an exemption for custom vehicles, which are defined in Section 41-6a-1507. 9
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In 2010, the Legislature enacted Section 41-1a-1223 that allows counties with an I/M 11
program to impose a local emissions compliance fee of up to three dollars. This same bill 12
amended Section 41-6a-1642 to require I/M counties that impose the fee to use revenues 13
generated from the fee to establish and enforce an emission inspection and maintenance 14
program. 15
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Section 41-6a-1642 was amended in 2011 to require I/M counties’ regulations and 17
ordinances to be compliant with the analyzer design and certification requirements 18
contained in the SIP. 19
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In 2012, the Legislature amended Section 41-6a-1642 to allow a motor vehicle that is less 21
than two years old as of January 1, of any given year, to be exempt from being required 22
to obtain an emission inspection. This provision is applicable to the extent allowed under 23
the current SIP for each area. This bill went into effect on October 1, 2012. In addition, 24
the Legislature also amended Section 41-1a-205 to allow a safety and emissions 25
inspection issued for a motor vehicle during the previous 11 months may be used to 26
satisfy the safety and emissions inspection requirements 3. The effective date of this bill is 27
January 1, 2013. The Legislature also amended Section 41-1a-1223 to allow the counties 28
to collect a $2.25 fee for those vehicles that are registered for a six-month period under 29
Utah Code Annotated 41-1a-215.5. The effective date of this bill is July 1, 2013. 30
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Section 41-6a-1642 was amended in 2013 to include the date that notice is required and 32
the date the enactment, change, or repeal will take effect if a county legislative body 33
enacts, changes, or repeals the local emissions compliance fee. Section 41-6a-1642 34
provides that for a county required to implement a new vehicle emissions inspection and 35
maintenance program, but for which no current federally approved state implementation 36
plan exists, a vehicle shall be tested at a frequency determined by the county legislative 37
body, in consultation with the Air Quality Board, that is necessary to comply with federal 38
law or attain or maintain any national ambient air quality standard and establishes 39
procedures and notice requirements for a county legislative body to establish or change 40
the frequency of a vehicle emissions inspection and maintenance program. 41
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In 2017, the Legislature amended Section 41-6a-1642 to allow a county that imposes a 43

3 Utah Code 41-6a-1642(7) states that “the emissions inspection shall be required within the same time limit applicable to a safety inspection
under Section 41-1a-205.”

Section X, Part A, page 4
local emissions compliance fee to use revenue generated from the fee to promote 1
programs to maintain a national ambient air quality standard. At that time, the Legislature 2
also amended 41-6a-1642 to state that vehicles may not be denied registration based 3
solely on the presence of a defeat device covered in the Volkswagen partial consent 4
decrees or an EPA-approved vehicle modification. 5
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In 2020, the Legislature amended Section 41-1a-1223 to exempt electric motor vehicles 7
from local emissions compliance fees. Section 41-6a-1642 was amended in 2022 to allow 8
a county to investigate and determine if a vehicle owner has provided a false or an 9
improper address to register a vehicle to avoid an emissions inspection and subsequently 10
allows a county to impose a civil penalty. The Legislature also amended Utah Code in 11
2023 to add a definition for restored modified vehicle. This amendment also requires an 12
emissions inspection as a prerequisite to registration of a restored-modified vehicle and 13
prohibits a county emissions program from refusing to perform an emissions test based 14
solely on the status of a vehicle as a restored-modified vehicle. 15
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Notification of Programmatic Changes: The legislative body of a county identified in 17
Utah Code 41-6a-1642 (1) shall consult with the Director of the Utah Division of Air 18
Quality prior to their public comment process for any amendments to their I/M 19
regulations or ordinances. Consultation should include a written notice describing the 20
proposed changes to the I/M program. 21
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2. Applicability 23
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General Applicability: Utah Code Annotated 41-6a-1642 gives authority to each county 25
to implement and manage an I/M program to attain and maintain any NAAQS. Davis, 26
Salt Lake, Utah, and Weber counties were required under Section 182 and 187 of the 27
CAA to implement an I/M program to attain and maintain the ozone and carbon 28
monoxide NAAQS. All of Utah's ozone and carbon monoxide maintenance areas are 29
located in Davis, Salt Lake, Utah, and Weber counties. In addition, a motor vehicle I/M 30
program is a control measure for attaining the particulate matter NAAQS in Cache, 31
Davis, Salt Lake, Utah, and Weber counties. Utah's SIP for I/M is applicable county-32
wide in Cache, Davis, Salt Lake, Utah, and Weber counties. 33
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3. General Summary 35
Below is a general summary of Utah’s I/M programs. Part B, C, D, E and F of this 36
section of the SIP provide a more specific summary of I/M programs for Cache, Davis, 37
Salt Lake, Utah, and Weber counties. These parts also incorporate the individual county 38
I/M ordinances/regulations and policies that provide for the enforceability of the 39
respective I/M programs. 40
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Network Type: All Utah I/M programs are comprised of a decentralized, test-and-repair 42
network. 43

Section X, Part A, page 5
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I/M program funding requirements: Counties with I/M programs allocate funding as 2
needed to comply with the relevant requirements specified in Utah's SIP, the Utah 3
statutes, county ordinances, regulations and policies, and the federal I/M program 4
regulation. Program budgets include funding for resources necessary to adequately 5
manage the programs and those who conduct covert and overt audits, including: 6
• necessary repairs; 7
• assistance and education for inspectors, station owners, and the public; 8
• management for the analysis and reporting of data; 9
• ensuring program compliance by inspectors, stations, and vehicle owners; and 10
• evaluation and upgrades to the programs. 11
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Funding mechanisms: Utah's I/M programs are funded through several mechanisms 13
including, but not limited to, a fee which is collected at the time of registration by the 14
Utah Tax Commission Division of Motor Vehicles or the county Assessor's Office. Those 15
monies are remitted to the county where the vehicle is registered. The collection of fees 16
for various permitting activities and the selling inspection certificates to inspection 17
stations are the other mechanisms. A fee schedule can be found in an appendix to each 18
county I/M ordinance or regulation. 19
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Government fleet: Section 41-6a-1642(1)(b) of the Utah Code requires that all vehicles 21
owned or operated in the I/M counties by federal, state, or local government entities 22
comply with the I/M programs. 23
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Vehicles owned by students and federal employees: Section 41-6a-1642(5) provides a 25
provision that counties may require universities and colleges located in Utah's I/M areas 26
to require proof of compliance with the I/M program for vehicles which are permitted to 27
park on campus regardless of where the vehicle is registered. Vehicles operated by 28
federal employees and operated on a federal installation located within an I/M program 29
area are also subject to the I/M program regardless of where they are registered. Proof of 30
compliance consists of a current vehicle registration in an I/M program area, an I/M 31
certificate of compliance or waiver, or evidence of exempt vehicle status. 32
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Rental vehicles: All vehicles available for rent or use in an I/M county are subject to the 34
county I/M program. To the extent practicable, all vehicles principally operated in the 35
county are subject to the I/M program. 36
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Farm truck exemption: Eligibility for the farm truck exemption from the I/M programs is 38
specified in Section 41-6a-1642(4) and must be verified in writing by county I/M 39
program staff. 40
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Out-of-state exemption: Vehicles registered in an I/M county but operated out-of-state 42
are eligible for an exemption. The owner must receive a deferment from the county prior 43
to a registration being completed. The owner must explain why the vehicle is unavailable 44

Section X, Part A, page 6
for inspection in Utah. Common situations include Utah citizens that are military 1
personnel stationed outside of the state, students attending institutions of higher education 2
elsewhere, and people serving religious assignments outside the area. If the temporary 3
address of the owner is located within another I/M program area listed on the back of the 4
form, the owner must submit proof of compliance with that I/M program at the time of, 5
and as a condition precedent to, registration or renewal of registration. The vehicle 6
owner must identify their anticipated date of return to the state and is required to have the 7
vehicle inspected within ten days after the vehicle is back in Utah. 8
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Motorist Compliance Enforcement Mechanism: The I/M programs are registration-10
enforced on a county-wide basis. A certificate of emissions inspection or a waiver or 11
other evidence that the vehicle is exempt from the I/M program requirements must be 12
presented at the time of, and as a condition precedent to, registration or renewal of 13
registration of a motor vehicle as specified in Section 41-6a-1642(1)(a). Owners of 14
vehicles operated without valid license plates or with expired license plates are subject to 15
ticketing by peace officers at any time. Proof of compliance consists of a current vehicle 16
registration in an I/M program area or an I/M certificate of compliance or waiver, or 17
evidence of exempt vehicle status. 18
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Valid registration required: A certificate of emissions inspection, a waiver, or other 20
evidence that the vehicle is exempt from the I/M program requirements must be 21
presented at the time of, and as a condition precedent to, registration or renewal of 22
registration of a motor vehicle as specified in Section 41-6a-1642 and 41-1a-203(2)(b). 23
The I/M inspection is required within two months prior to the month the registration 24
renewal is due as specified in Section 41-6a-1642(9). Owners of vehicles operated 25
without valid license plates or with expired license plates are subject to ticketing by peace 26
officers at any time. Registration status is also checked on a random basis at roadblocks 27
and in parking lots at various locations around the state. Per Section 41-1a-402, Utah 28
license plates indicate the expiration date of the registration. Per Section 41-1a-1303.5, it 29
is a Class C misdemeanor for a person to drive or move, or for an owner knowingly to 30
permit to be driven or moved, upon any highway any vehicle of a type that is required to 31
be registered in the state that is not registered in the state. Section 41-1a-1315 specifies 32
that it is a third-degree felony to falsify evidence of title and registration. 33
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Change of ownership: Vehicle owners are not able to avoid the I/M inspection program 35
by changing ownership of the vehicle. Upon change of vehicle ownership, the vehicle 36
must be re-registered by the new owner. The new owner must present an emissions 37
certificate, waiver, or proof of exemption from the I/M program as a condition precedent 38
to registration 4. The new annual registration and I/M inspection dates for the vehicle will 39
be the date of registration. 40
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Utah Tax Commission, and County Assessors roles: The Utah Tax Commission Motor 42
Vehicle Division and county assessor deny applications for vehicle registration or 43

4 See Utah Code Section 41-6a-1642 (7) and 41-1a-205(2)(b) and (c)

Section X, Part A, page 7
renewal of registration without submittal of a valid certificate of compliance, waiver, or 1
verified evidence of exemption. Altered or hand-written documents are not accepted. All 2
certificate data is collected by county I/M program auditors and subjected to scrutiny for 3
evidence of any improprieties. 4
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Database quality assurance: The vehicle registration database is maintained, and quality 6
assured by the Utah Division of Motor Vehicle (DMV). Each county I/M inspection 7
database is maintained, and quality assured by the county I/M program staff. The county 8
I/M program has access to the DMV database and utilizes it for quality assurance 9
purposes. All databases are subject to regular auditing, cross-referencing, and analysis. 10
The databases are also evaluated using data obtained during roadblocks and parking lot 11
surveys. Evidence of program effectiveness may trigger additional joint enforcement 12
activities. 13
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Oversight provisions: The oversight program includes verification of exempt vehicle 15
status through inspection, data accuracy through automatic and redundant data entry for 16
most data elements, an audit trail for program documentation to ensure control and 17
tracking of enforcement documents, identification, and verification of exemption-18
triggering changes in registration data, and regular audits of I/M inspection records, I/M 19
program databases, and the DMV database. 20
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Enforcement staff quality assurance: County I/M program auditors and DMV clerks 22
involved in vehicle registration are subject to regular performance audits by their 23
supervisors. All enforcement personnel, direct and indirect, involved in the motorist 24
enforcement program are subject to disciplinary action, additional training, and 25
termination for deviation from procedures. Specific provisions are outlined in the DMV 26
procedures manual which is available upon request. The county I/M audit policy 27
documents are provided in their respective part of this section. 28
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Quality Control: The I/M counties maintain records regarding inspections, equipment 30
maintenance, and the required quality assurance activities. The I/M counties analyze I/M 31
program data and submit annual reports to the EPA and UDAQ upon request. 32
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Analyzer data collection: Each county’s I/M analyzer data collection system meets the 34
requirements specified under 40 CFR 51.365. 35
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Data analysis and reporting- Annual: The I/M counties analyze and submit to EPA and 37
UDAQ an annual report for January through December of the previous year, which 38
includes all the data elements listed in 40 CFR Subpart S 51.366 by July of each year. If 39
a report is required earlier than annually, the counties will accommodate the request. 40
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General enforcement provisions: The county I/M programs are responsible for 42
enforcement action against incompetent or dishonest stations and inspectors. Each county 43
I/M ordinance or regulation includes a penalty schedule. 44
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Section X, Part A, page 8
General public information: The I/M counties have comprehensive public education and 1
protection programs, including providing the following strategies for: 2
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• public education on Utah’s air quality problems; 4
• ways that people can reduce emissions; 5
• the requirements of state and federal law; 6
• the role of motor vehicles in the air quality problems; 7
• the need for and benefits of a vehicle emissions inspection program; 8
• ways to operate and maintain a vehicle in a low-emission conditions; 9
• how to find a qualified repair technician; and 10
• the requirements of the I/M program. 11
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Information is provided via county websites and direct response to inquiries for 13
information, reports, classes, pamphlets, fairs, school presentations, workshops, news 14
releases, posters, signs, and public meetings. Utah Department of Environmental Quality 15
also provides information on its website about ways to operate and maintain a vehicle in 16
a low-emission condition. 17
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County I/M technical centers: Each I/M county operates an I/M technical center staffed 19
with trained auditors and capable of performing emissions tests. A major function of the 20
I/M technical centers is to serve as a referee station to resolve conflicts between permitted 21
I/M inspectors, stations, and motorists. Auditors actively protect consumers against fraud 22
and abuse by inspectors, mechanics, and others involved in the I/M program. Complaints 23
received are investigated fully. Auditors advise motorists regarding emissions warranty 24
provisions and assist the owners in obtaining warranty covered repairs for eligible 25
vehicles. The I/M technical centers also provide motorists with information regarding the 26
I/M program, general air pollution issues, and emissions-related vehicle repairs. 27
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Vehicle inspection report: A Vehicle Inspection Report (VIR) will be issued to the 29
motorist after each vehicle inspection. The VIR includes a public awareness statement 30
about vehicle emissions and lists additional ways that the public can reduce air pollution. 31
The test results are detailed on the VIR. Information about vehicle emissions warranties 32
and the benefits of emissions-related repairs are printed for vehicles that failed the test. If 33
the vehicle fails a retest, information about wavier requirements, application procedures, 34
and the address and telephone number of the applicable I/M technical center are printed 35
on the VIR. 36
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Reciprocity between County I/M programs: Utah I/M programs are conducting the same 38
test procedures and thereby agreed to recognize the validity of a certificate granted by 39
any Utah I/M program. 40
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