DAQ-2024-008990

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UTAH STATE IMPLEMENTATION PLAN 4
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SECTION X 6
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VEHICLE INSPECTION AND 8
MAINTENANCE PROGRAM 9
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Part E 11
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Weber County 13
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Adopted by the Utah Air Quality Board 35
March 4, 202036

Section X Part E, page i
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Table of Contents 6
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1. Applicability ............................................................................................................................................................. 1 9
2. Summary of Weber County I/M Program .................................................................................................................. 1 10
3. I/M SIP implementation ............................................................................................................................................. 3 11
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Section X Part E, page ii
SECTION X Part E 1
Weber County Emission Inspection/ Maintenance Program 2
APPENDICES 3
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1. Weber County Emission Inspection/ Maintenance Program Regulation revised September 6
23, 2019 7
2. Weber County Audit Policies and Procedures 8

Section X Part E, page 1
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UTAH STATE IMPLEMENTATION PLAN 2
SECTION X, PART E 3
VEHICLE INSPECTION AND MAINTENANCE (I/M) PROGRAM 4
1. Applicability 5
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Weber County Inspection and Maintenance (I/M) Program Requirements: Ogden City was 7
designated nonattainment for the carbon monoxide (CO) National Ambient Air Quality Standard 8
(NAAQS) on January 6, 1992 (56 FR 56694, November 6, 1991) and was classified as a 9
"moderate" area. The Ogden City CO nonattainment area was redesignated to attainment for the 10
CO NAAQS on November 14, 2005 (70 FR 54267, September 14, 2005). Parts of Weber County 11
was designed as a ‘marginal’ nonattainment area for the 2015 8-hour ozone standard effective 12
August 3, 2018(83 FR 25776), June 4, 2018). An I/M program is not required in marginal 13
nonattainment areas; however, if Weber County is redesignated to a ‘moderate’ nonattainment 14
area, an I/M program would be required by the Clean Air Act (CAA). 15
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Utah was previously required by Sections 182 and 187 of the [Clean Air Act]CAA to implement 17
and maintain an I/M program in Weber County that met the minimum requirements of 40 CFR 18
Part 51 Subpart S and that was at least as effective as the EPA's Basic Performance Standard as 19
specified in 40 CFR 51.352. However, the Basic Performance Standard requirement is no longer 20
applicable as the nonattainment area in Weber County has been redesignated to attainment / 21
maintenance for the CO NAAQS. Parts A and E of Section X, together with the referenced 22
appendices, continue to demonstrate compliance with the 40 CFR Part 51 provisions for I/M 23
program requirements for Weber County and produce mobile source emission reductions that are 24
sufficient to demonstrate continued maintenance of the CO NAAQS. In addition, the Weber 25
County I/M program is a control measure included in the Salt Lake City 24- hour particulate 26
Serious SIP submitted to EPA on February 15, 2019. 27
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2. Summary of Weber County I/M Program 29
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Below is a summary of Weber County’s I/M program. Section X, Part E, Appendices 1 and 2 31
contain the essential documents for Weber County’s I/M program. 32
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Network Type: Weber County’s I/M program is a decentralized, test-and-repair network, as 34
approved by EPA on September 14, 2005 (70 FR 54267). 35
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Test Convenience: There are approximately 105 permitted I/M stations within Weber County. 37
Specific operating hours are not specified by the county; however, Weber County 38
regulation requires that stations be open and available to perform inspections during a major 39
portion of normal business hours of 8:00 a.m. to 5:00 pm Mondays through Fridays. There are 40
also government and private fleet permitted stations that are not open to the public. 41

Section X Part E, page 2

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Subject Fleet: All model year 1968 and newer vehicles registered or principally-operated 2
in Weber County are subject to the I/M program except for exempt vehicles. 3
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Test Frequency: Vehicles less than two years old as of January 1 on any given year are 5
exempt from an emissions inspection. Vehicles two years old and less than six years old as 6
of January 1 on any given year are inspected every other year as per Utah Code 41-6a-7
1642(6). All vehicles six years old and older as of January 1 on any given year are 8
inspected annually. 9
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Station/&Tester/Technician Audits: Weber County’s I/M program will regularly audit all 11
permitted I/M tester/technicians and stations to ensure compliance with county I/M 12
regulations, procedures, and policies. Particular attention will be given to identifying and 13
correcting any fraud or incompetence with respect to vehicle emissions inspections. 14
Compliance with recordkeeping, document security, analyzer maintenance, and program 15
security requirements will be scrutinized. The Weber County I/M program will have an 16
active covert audit program to minimize potential fraudulent testing. The Policies and 17
Procedures of the audit program are provided in Appendix 2 of this part of Section X. 18
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Waivers: Weber County will take corrective action as needed to maintain a maximum waiver 20
rate of 5% of the initially failed vehicles or the Utah Air Quality Board will revise the SIP and 21
emission reductions claimed based on the actual waiver rate. The conditions for issuing 22
waivers legally authorized and specified in the Weber County I/M regulation meets the 23
minimum waiver issuance criteria specified in 40 CFR Subpart S 51.360. 24
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Test Equipment: Specifications for Weber County’s emission analyzer and its I/M test 26
procedures, standards and analyzers are provided in Weber County’s I/M regulations 27
provided in Appendix 1. Test equipment and procedure were developed according to 28
good engineering practices to ensure test accuracy. Analyzer calibration specifications 29
and emissions test procedures meet the minimum standards established in Appendix A of 30
the EPA's I/M Guidance Program Requirements, 40 CFR Part 51 Subpart S. 31
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Test Procedures: 33
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• The following vehicles are subject to an OBD II inspection: 35
o 1996 and newer light duty vehicles1, and 36
o 2008 and newer medium duty vehicles2 37
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1 Light duty vehicles have a Gross Vehicle Weight of 8500 lbs or less.
2 Medium duty vehicles have a Gross Vehicle Weight greater than 8500 lbs but less than 14,00[0]1 lbs

Section X Part E, page 3

• The following vehicles are subject to a two-speed idle test that is compatible with 1
Section VI (Preconditioned Two Speed Idle Test) in Appendix B of the EPA I/M 2
Guidance Program Requirements, 40 CFR 51, Subpart S: 3
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o 1995 and older vehicles, 5
o 1996 and 2007 medium3 and heavy-duty vehicles4, and 6
o 2008 and newer heavy-duty vehicles. 7
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3. I/M SIP Implementation 10
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3 Medium duty vehicles have a Gross Vehicle Weight greater than 8500 lbs but less than 14,000 lbs
4 Heavy Duty vehicles have a Gross Vehicle Weight greater than 14,00[0]1 lbs
The I/M program regulations, policies, procedures, and activities specified in this I/M SIP 12
revision have been implemented and shall continue until a maintenance plan without an 13
I/M program is approved by EPA in accordance with Section 175 of the Clean Air Act as 14
amended. 15
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Appendix 1: Weber County
Emission Inspection/Maintenance
Program Regulation revised
September 23, 2019.

MOTOR VEHICLE
INSPECTION AND MAINTENANCE PROGRAM

TABLE OF CONTENTS
Page

1.0 Title and Definitions ......................................................................................................... 3

2.0 Purpose ......................................................................................................................... 10

3.0 Authority and Jurisdiction............................................................................................... 10

4.0 Powers and Duties ........................................................................................................ 11

5.0 Scope ............................................................................................................................ 14

6.0 General Provisions ........................................................................................................ 14

7.0 Standards and Specifications for
Analyzers and Span Gases ........................................................................................... 17

8.0 Permit Requirements of the Vehicle Emissions
Inspection and Maintenance Station .............................................................................. 19

9.0 Inspection Procedures ................................................................................................... 24

10.0 Certificate of Waiver ...................................................................................................... 28

11.0 Engine Switching ........................................................................................................... 31

12.0 Certified Emissions Inspection and repair Technician / Certified Emissions Inspection
Only Technician Permit ................................................................................................. 31

13.0 Emissions Standards for Motor Vehicles ....................................................................... 34

14.0 Certificates of Compliance and Certificates of Compliance - Waiver .............................. 35

15.0 Adjudicative Proceedings .............................................................................................. 36

16.0 Penalty .......................................................................................................................... 36

17.0 Severability .................................................................................................................... 37

18.0 Effective Date ................................................................................................................ 37

Appendix A - Utah 2011 Analyzer Specifications ....................................................................... 38
Appendix B - Fee Schedule....................................................................................................... 45
Appendix C - Weber County Emission Standards (Cut points) .................................................. 46
Appendix D - Penalty Schedule ................................................................................................. 48
Appendix E - OBD IM Inspection Procedures ............................................................................ 51
Appendix F – Diesel Fueled Vehicle Test Procedure ................................................................ 52
Appendix G- Adjustment Procedures…………………………………………………………………54
Appendix H - Engine Switching Fact Sheet…………………………………………………………..56

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1.0 TITLE AND DEFINITIONS

These standards shall be known as the Motor Vehicle Inspection and Maintenance
Program Regulation, hereinafter referred to as “this Regulation”.

For the purpose of this Regulation, the following words and phrases, when used herein,
except as otherwise required by the context, have the following meanings.

1.1 “Accreditation” means Certification that the Analyzer and Analyzer
manufacturer meet the operating criteria, specifications and requirements of
Weber County and the Department;

1.2 “Accuracy” means the degree by which an instrument is able to determine
the true concentration of pollutants of interest. Also means freedom from error
especially as a result of care;

1.3 “Air Intake Systems” means systems that allow for the induction of ambient
air, including preheated air into the engine combustion chamber for the purpose
of mixing with a fuel for combustion;

1.4 “A.I.R. (Air Injection Reaction System)” means a system for providing
supplementary air into a vehicle’s exhaust system to promote further oxidation of
hydrocarbons (HC) and carbon monoxide (CO) gases and to assist catalytic
reaction;

1.5 “Analyzer” See definition for UTAH 2011 Analyzer;

1.6 “Audit” means a procedure performed by Department personnel that
includes but is not limited to, inspection of the Station, review of Station records,
inspection of the Analyzer and related I/M equipment, and review of personnel
working knowledge and records. The audit procedure is intended to ensure
compliance with this Regulation and Department policies and procedures;

1.7 “Bar 97” Refers to California Bureau of Automotive Repair Exhaust Gas
Analyzer Specifications, which became effective in 1997;

1.8 “Basic Engine Systems” means parts or assemblies that provide efficient
conversion of a compressed air/fuel charge into useful power, including but not
limited to valve train mechanisms, cylinder head to block integrity, piston ring-
cylinder sealing integrity and post-combustion emissions control device integrity
meeting OEM Standards;

1.9 “Bench” means the main sample processing assembly of the exhaust gas
Analyzer including detectors, sampling tubes, processor boards, infrared sources
and power supply;

1.10 “Board of Health” means the Weber-Morgan Board of Health;

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1.11 “Calibration” means the process of establishing or verifying the accuracy
of an exhaust gas Analyzer to perform an accurate and consistent evaluation of
engine exhaust using calibration gases having precisely known concentrations;

1.12 “Calibration [Span] Gases” means gases of known concentration that are
used as references for establishing or verifying the calibration curve of an
exhaust gas Analyzer and which are traceable to the National Institute of
Standards and Technology and are approved by the Department for use;

1.13 “Carbon Monoxide” A colorless, odorless, asphyxiating gas produced by
the incomplete burning of fuels. Carbon monoxide may be referred to in these
Regulations as CO;

1.14 “Catalytic Converter” A post-combustion device that oxidizes HC and CO
gases and/or reduces oxides of nitrogen gases;

1.15 “Certificate of Compliance” means a serially numbered document issued
to the vehicle upon passing an inspection or reinspection and is evidence that the
motor vehicle complies with the standards and criteria of this Regulation and
other requirements as adopted by the Board of Health. Beginning January 1,
2019 or another date as determined by the Department, all Certificates of
Compliance will only be issued electronically and will be submitted by the
Department directly to the Utah Division of Motor Vehicles and/or the Utah State
Tax Commission;

1.16 “Certificate of Compliance Numbers” means numbers issued to Stations
and entered into the approved Analyzer for the purpose of issuing Certificates of
Compliance;

1.17 “Certificate of Waiver or Waiver” means a document issued by the
Department used to verify that the vehicle for which it was issued has met the
waiver requirements of this Regulation. Beginning January 1, 2019 or another
date as determined by the Department, all Certificates of Waiver will only be
issued electronically and will be submitted by the Department directly to the Utah
Division of Motor Vehicles and/or the Utah State Tax Commission;

1.18 “Certification” means assurance by an authorized source, whether it is a
laboratory, the manufacturer, the state, or the Department, that a specific product
or statement is in fact true and meets all requirements;

1.19 “Certified Emissions Inspection and Repair Technician or Technician”
means an individual who has successfully completed all permit requirements and
has been issued a current, valid Emission Inspection and Repair Technician
Permit by the Department. A person permitted by the Department who inspects
vehicles, diagnoses emission related faults, and performs emissions related
repairs and adjustments to bring vehicles into compliance with the requirements
of this Regulation;

1.20 “Certified Emissions Inspection Only Technician or Tester” means an
individual who has successfully completed all permit requirements and has been

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issued a current, valid Emission Inspection Only Technician Permit by the
Department;

1.21 “CO” means Carbon Monoxide;

1.22 “Compliance” means verification that certain data and hardware submitted
by a manufacturer for accreditation consideration, meets all Department
requirements; Also meeting the requirements of this Regulations;

1.23 “County” means Weber County, Utah;

1.24 “Curb Idle” means the manufacturer’s specified idle speed for the specific
motor vehicle being tested (tolerance within 50 rpm) See also Idle Mode;

1.25 “Cut-Points” Same as Emission Standards;

1.26 “Department” means the Weber-Morgan Health Department, Division of
Environmental Health;

1.27 “Diesel Oxidation Catalyst (DOC) ” means a catalyst which promotes the
oxidation process in diesel exhaust to reduce emissions.

1.28 “Diesel Particulate Filter (DPF)” means a system which is designed to
capture diesel exhaust particulate matter. The DPF must be cleaned at specific
intervals.

1.29 “Director” means the Environmental Health Division Director of the Weber-
Morgan Health Department or for the purpose of program administration means
the I/M Program Manager or I/M Auditor.

1.30 “Domiciled” means County in which primary residence is located;

1.31 “E.G.R. System (Exhaust Gas Recirculation System)” means an
emissions control system that recycles or recirculates a portion of the exhaust
gases back to the engine combustion chambers;

1.32 “Emissions” means substances expelled into the atmosphere from a motor
vehicle; particularly, air contaminants produced by combustion and/or incomplete
combustion, hydrocarbon evaporation from the fuel system and/or the crankcase,
and particulate matter from the crankcase;

1.33 “Emission Control Systems” means any device or combination of parts,
originally installed by the manufacturer to control the emissions of a motor
vehicle;

1.34 “Emissions Inspection or Inspection” means a motor vehicle inspection
performed for the purpose of determining whether the vehicle qualifies for
issuance of a Certificate of Compliance or Certificate of Waiver, carried out in
compliance with this Regulation;

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1.35 “Emissions Repair or Repair” means repair of a motor vehicle for the
purpose of such vehicle passing or attempting to pass an emissions inspection;

1.36 “Emissions Inspection and Repair Technician Permit or Technician
Permit” means a permit issued by the Department authorizing an individual to
conduct emission inspections, repair failed vehicles and issue Certificates of
Compliance while under the auspices of a Station;

1.37 “Emissions Inspection Only Technician Permit or Tester Permit”
means a permit issued by the Department authorizing an individual to perform
emission inspections and issue certificates of compliance while under the
auspices of a Station;

1.38 “Emissions Standards (Cut-Points)” means the maximum allowable
concentration of regulated emissions for a given weight class and model year of
a motor vehicle, as allowed by this Regulation, using an approved Analyzer;

1.39 “Emissions Test” means the process dictated by the official test mode of
the Utah 2011 Analyzer;

1.40 “Engine Switching” means an engine is removed from a vehicle and is
replaced by an engine that is not identical to the original engine;

1.41 “EPA” means the United States Environmental Protection Agency;

1.42 “Evaporative Control System” means an emission control system that
prevents the escape of fuel vapors from the fuel system and/or air cleaner and
stores them to be burned in the combustion chamber;

1.43 “Federal Installation” means any property or facility subject to the
jurisdiction of any department, agency, or instrumentality of the executive,
legislative, and judicial branches of the Federal government;

1.44 “Fleet Facility” means a corporation or other business entity permitted by
the Department to perform the functions of the inspection program for a privately
owned fleet of ten or more motor vehicles;

1.45 “Fuel Control Systems” means the mechanical, electro mechanical,
galvanic or electronic parts or assemblies that regulate the air/fuel ratio in an
engine to provide a combustible charge;

1.46 “Gaseous Fuel” means, but is not limited to, liquefied petroleum gases and
natural gases in liquefied or gaseous forms;

1.47 “HC” means hydrocarbons;

1.48 “Hangup” means hydrocarbons that cling to the surface of the sampling
and Analyzer systems in contact with the exhaust gas sample stream resulting in
errors in HC readings;

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1.49 “Heavy Duty Vehicles” means a vehicle 1978 and older with a weight of
more than 6000 pounds or 1979 and newer with a weight of more than 8501
pounds GVW (gross vehicle weight);

1.50 “Hydrocarbons” means unburned fuel;

1.51 “Idle Mode” means a condition where the vehicle’s engine is at proper
operating temperature and running at the rate specified by the manufacturer’s
curb idle, where the engine is not propelling the vehicle, and where the throttle is
in the closed or idle stop position. This condition achieved without placing a load
on the vehicle to decrease its RPM to the specified rate (See also Curb Idle);

1.52 “Ignition Systems” the means parts or assemblies that are designed to
cause and time the ignition of a compressed air/fuel charge;

1.53 “I/M Clearance” means a stamp placed on the motor vehicle registration
form by an employee of the Utah State Motor Vehicle Office or the Department
indicating that the motor vehicle represented by the registration form is in
compliance with the inspection program requirements in that the motorist has
presented a valid Certificate of Compliance or Certificate of Waiver for the motor
vehicle and paid applicable fees;

1.54 “I/M Program” means the Vehicle Emissions Inspection and Maintenance
Program established by the Board of Health and this Regulation;

1.55 “I/M Program Test and Repair Station” means a business permitted by
the Department which engages in emissions testing and emissions related
repairs to motor vehicles, and which meets the requirements of this Regulation
for test and repair facilities;

1.56 “I/M Program Test Only Station” means a business permitted by the
Department which engages only in emissions related inspections of motor
vehicles, and which meets the requirements of this Regulation for test only
facilities;

1.57 “Inspection Area” means the Department approved area that is occupied
by the Analyzer, sample hose, and the vehicle being inspected;

1.58 “Inspection Report” means a document used to record information
generated by the Tester/Technician during an emissions inspection other than a
Certificate of Compliance;

1.59 “Instrument” means the complete UTAH 2011 Analyzer system that
samples and displays the concentration of emission gases and also performs
OBD IM test procedures. The instrument includes the sample handling system,
the exhaust gas Analyzer associated computer equipment and the enclosure
cabinet;

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1.60 “Light Duty Motor Vehicle” means all passenger vehicles, 1978 and older;
light duty trucks 6000 GVW rating or less; 1979 trucks and newer 8500 pounds
GVW rating or less;

1.61 “Lock-Out” means when the UTAH 2011 Analyzer automatically prohibits
access to the testing portion of the UTAH 2011 Analyzer;

1. 62 “Motor Vehicle or Vehicle” means any equipment or mechanical device
propelled primarily on land by an internal combustion powered engine that is
driven on public roads and/or streets. Motor vehicles exempted from the
inspection requirements of this Regulation as listed in Section 6.4 of this
Regulation;

1.63 “Motorcycle” means every motor vehicle having a saddle for the use of the
rider and designed to travel with not more than three wheels in contact with the
ground, but excluding a farm tractor;

1.64 “Non-Permitted Person” means any person who has not been certified by
the Department to perform official emissions inspections;

1.65 “OBD” means Vehicle On-Board Diagnostics;

1.66 “OBDII” means the On-Board Diagnostics Generation II Standard effective
in 1996 and newer light duty car and light duty trucks sold in the United States;

1.67 “OEM” means Original Equipment Manufacturer;

1.68 “Off-Highway Vehicles” means a vehicle licensed to operate exclusively
off public highways and roads;

1.69 “Original Condition” means the condition of the emission control
system(s) as installed by the manufacturer, but not necessarily to the original
level of effectiveness;

1.70 “Other Entity” may include Fleet Facilities, I/M Technical Centers, and
reciprocity agreements with EPA approved I/M Programs;

1.71 “PCV System (Positive Crankcase Ventilation System)” means an
emissions control system that returns crankcase vapors and blowby gases to the
combustion chamber to be burned;

1.72 “Person” means an individual, corporation, association, firm, partnership,
joint stock company, public or municipal corporation, political subdivision, the
state or any agency thereof, or the federal government or any agency thereof;

1.73 “Prompts” means instructions and/or data fields, requiring data input to the
Analyzer from a Tester/Technician performing an emission inspection;

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1.74 “Publicly-Owned Vehicles” means a motor vehicle owned by a
government entity, including but not limited to the federal government or any
agency thereof, the State of Utah or any agency or political subdivision thereof;

1.75 “Readiness” means an indicator that identifies when the related emission
control system’s operational status has been determined;

1.76 “Registered or Registration” means the process by which a motor vehicle
receives a license so that it can be legally operated on public streets and
highways;

1.77 “Reinspection” means any emissions inspection performed on a motor
vehicle after it has undergone an initial emissions inspection that did not qualify
the motor vehicle for a Certificate of Compliance;

1.78 “Selective Catalyst Reduction (SCR)” is a means of reducing NOx in
diesel exhaust gases by introducing nitrogen containing compounds such as
urea;

1.79 “Smoking Vehicle” means a motor vehicle emitting visible emissions after
the engine has reached normal operating temperature;

1.80 “Station” means an I/M Program Station including all station personnel,
employees, and owner(s);

1.81 “Station Permit” means the document issued by the Department that
authorizes a person to operate a Station;

1.82 “Tampering” means the intentional or accidental altering of or removal of
emission control systems, and/or emissions-related equipment. Also, the use of
fuels other than those required by the manufacturer’s specification as found in
the motor vehicle’s owner’s manual. Also, engine modification which may
include, but is not limited to, exhaust systems, air intake systems, ignition
systems, internal engine modifications, engine switching, etc.;

1.83 “Technical Bulletin” means a document issued to Tester/Technicians and
Stations by the Department to update, clarify or establish policies and/or
procedures for their implementation in the Vehicle Emissions Inspection and
Maintenance Program;

1.84 “Tester/Technician” means a Department Certified and Permitted
Emissions Tester or Department Certified and Permitted Emissions Repair
Technician;

1.85 “Training Program” means a formal program administered, conducted, or
approved by the Department for the education of Testers/Technicians in basic
emission control technology, inspection procedures, diagnosis and repair of
emission related problems, Vehicle Emissions Inspection and Maintenance
Program policies, procedures and this Regulation; it may also include the
promotion of training for all mechanics;

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1.86 “TSI” means Two Speed Idle Test Procedure;

1.87 “UTAH 2011 Analyzer or Analyzer” means the official computerized
engine exhaust analyzer and associated test equipment approved by the
Department for use in the areas of Utah requiring inspections as specified in
Section 41-6a-1642, Utah Code Annotated, 1953, as amended;

1.88 “Vehicle Emissions Inspection and Maintenance Program” means the
program established by the Board of Health pursuant to Section 41-6a-1642,
Utah Code Annotated 1953, as amended and Weber County Ordinance Section
28-1-4;

1.89 “Waiver” see Certificate of Waiver.

2.0 PURPOSE

It is the purpose of this Regulation to reduce air pollution levels in Weber County by
requiring inspection of in-use motor vehicles and by requiring emission related repairs
and adjustments for those vehicles that fail to meet prescribed standards so as to:

2.1 Protect and promote the public health, safety and welfare;

2.2 Improve air quality;

2.3 Comply with Federal Regulations contained in the Clean Air Act of 1970, and
amendments to the Act;

2.4 Comply with the law enacted by the Legislature of the State of Utah,
Sections 41-6a-1642 and 41-6a-1643 Utah Code Annotated, 1953, as amended;
and

2.5 Comply with Weber County Ordinance 28 Chapter 1. – Motor Vehicle
Emissions Inspection

3.0 AUTHORITY AND JURISDICTION OF THE DEPARTMENT

3.1 Under Section 28-1-3 of the Weber County Ordinance the Weber County
Commission authorizes and directs the Weber-Morgan Board of Health and the
Director of Health to adopt and promulgate rules and regulations to ensure
compliance with EPA and State requirements with respect to Emissions
Standards and delegates its authority as an administrative body 41-6a-1642 Utah
Code Annotated,1953, as amended, to the Weber-Morgan Board of Health, to
address all issues pertaining to the adoption and administration of the Vehicle
Emissions I/M Program, and authorizes a fee to be assessed upon every
motorized vehicle registered in Weber County at the time of registration, to be
known as the Air Pollution Control Fee.

3.2 Section 28-1-4 of the Weber County Ordinance, directs the Weber-Morgan
Health Department to adopt regulations and set fees for I/M Stations and

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Mechanic Permits and Emission and Waiver Certificates as necessary to sustain
and operate an I/M Program.

3.3 The Weber-Morgan Board of Health is authorized to make standards and
regulations pursuant to Section 26A-1-121(1) of the Utah Code Annotated, 1953
as amended.

3.4 The Weber-Morgan Board of Health is authorized to establish and collect
fees pursuant to Section 26A-1-114(1)(h)(i) of the Utah Code Annotated, 1953 as
amended.

3.5 All aspects of the Vehicle Emissions Inspections and Maintenance Program
within Weber County enumerated in Section 2.0 shall be subject to the direction
and control of the Weber-Morgan Health Department.

4.0 POWERS AND DUTIES

4.1 General Powers and Duties. The Department shall be responsible for the
enforcement and administration of this Regulation and any other powers vested
in it by law and shall:

4.1.1 Require the submission of information reports, plans and
specifications from Stations as necessary to implement the provisions and
requirements of this Regulation;

4.1.2 Issue permits, certifications and charge fees as necessary to
implement this Regulation;

4.1.3 Perform audits of any Station and Tester/Technician and issue
orders and/or notices, hold hearings, levy administrative penalties and
negotiate consent agreements as necessary to effect the purposes of this
Regulation;

4.1.4 When necessary take samples and make analysis to ensure that the
provisions of this Regulation are met; and

4.1.5 Adopt policies and procedures necessary to ensure that the
provisions of this Regulation are met and that the purposes of this
Regulation are accomplished.

4.2 Suspension, Revocation, or Denial of Station Permits. The Department may
suspend, revoke or deny a Station Permit of a Station and/or negotiate a
monetary penalty in lieu of suspending a permit under a consent agreement,
and/or require the surrender of the Station Permit and unused Certificates of
Compliance and other official documents of such Station upon showing that:

4.2.1 A Tester/Technician or other individual at the Station is in violation of
this regulation and:

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4.2.2 A vehicle was inspected and issued a Certificate of Compliance by
Station personnel who did not, at the time of inspection, comply with all
applicable policies, procedures, Technical Bulletins, and this Regulation;

4.2.3 A vehicle was inspected and rejected by the Station when, it can be
demonstrated, as determined by the Department that the vehicle was in
such condition that it did comply with the requirements of this Regulation;

4.2.4 A vehicle was inspected and issued a Certificate of Compliance
when it can be proven, as determined by the Department that the vehicle
did not at the time of inspection comply with the requirements of Section
9.11 regarding tampering inspection;

4.2.5 A vehicle was passed and issued a Certificate of Compliance without
being present for inspection or substituting a vehicle other than the vehicle
entered into the test record;

4.2.6 The Station is not open and available to perform Inspections during
a major portion of the normal business hours of 8:00 a.m. to 5:00 p.m.,
Mondays through Fridays, (except Fleet Facilities);

4.2.7 The Station has violated any provisions of this Regulation, or any
Rule, Regulation, or Department policy properly promulgated for the
operation of a Station;

4.2.8 The Station was or is not equipped as required by Section 8.0 of this
Regulation;

4.2.9 The Station is not operating within the property boundaries of the
location specified on the Permit;

4.2.10 A Non-Permitted Person has gained access to the official testing
portion of the analyzer, conducted any portion of an official inspection, or
signed an Inspection Report;

4.2.11 The approved analyzer has been tampered with or altered in any
way contrary to the certification and maintenance requirements of the
Analyzer;

4.2.12 The Station denies access to a representative of the Department to
conduct an audit or other necessary business during regular business
hours;

4.2.13 The Station denies access to or conceals pertinent information from
a representative of the Department during an audit or while conducting
other necessary business during regular business hours;

4.2.14 The Station performed unnecessary repairs not justified by the
results of the inspection;

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4.2.15 In accordance with 41-6a-1642 and 41-6a-1643 Utah Code
Annotated, 1953, As amended, an emissions inspection for a Salt Lake,
Utah, Davis, Cache, or Weber County resident was performed but not as
required by the Regulations adopted by the applicable county and/or the
UTAH 2011 Analyzer prompts.

4.2.16 The vehicle being tested has been altered or tampered with in any
way so that it will either pass or fail the emissions test when it would not
otherwise.

4.2.17 In accordance with 40 CFR § 51.364(b)(2), The Weber-Morgan
Health Department shall have the authority to impose penalties against
the licensed Station, as well as the Tester/Technician, even if the Station
had no direct knowledge of the violation but was found to be careless in
oversight of Tester/Technicians or has a history of violations. Stations
shall be held fully responsible for Tester/Technician performance in the
course of duty.

4.3 Suspension, Revocation, or Denial of Tester/Technician Permit. The
Department may suspend, revoke, or deny the Permit of a Tester/Technician and
require the surrender of the Tester/Technician Permit upon showing that:

4.3.1 The Tester/Technician caused any of the violations listed in section
4.2 to occur;

4.3.2 The Tester/Technician issued or caused a Certificate of Compliance
to be issued to an owner/operator without an approved inspection being
made;

4.3.3 The Tester/Technician denied the issuance of a Certificate of
Compliance to the owner/operator of a vehicle that, at the time of the
inspection, complied with the law for issuance of said certificate;

4.3.4 The Tester/Technician issued a Certificate of Compliance to a
vehicle that, at the time of issuance, was in such condition that it did not
comply with this Regulation;

4.3.5 The Tester/Technician inspected, recorded and passed the
tampering inspection, for a vehicle that did not, at the time of inspection,
comply with the tampering requirements of the tampering inspection
detailed in Section 9.11, regardless of whether a Certificate of Compliance
was issued or not;

4.3.6 Inspections were performed by the Tester/Technician but not in
accordance with applicable policies, procedures, technical bulletins, and
this Regulation;

4.3.7 The Tester/Technician allowed a Non Permitted Person to perform
any portion of an inspection or gain access to the official testing portion of
the Analyzer;

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4.3.8 The Tester/Technician signed an inspection report stating that
he/she had performed the emissions test when, in fact, he/she did not;

4.3.9 The Tester/Technician falsified any inspection or official document of
the Vehicle Emissions Inspection and Maintenance Program;

4.3.10 The Tester/Technician performed unnecessary repairs not justified
by the results of the inspection; or

4.3.11 In accordance with Sections 41-6a-1642 and 41-6a-1643 Utah
Code Annotated, 1953, as amended, an emissions inspection for a
Weber, Salt Lake, Davis, Cache or Utah County resident was performed
but not as required by the Regulations/Ordinances adopted by the
applicable county.

4.4 Administrative Penalty: in lieu of suspending a Permit under Sections 4.2 and
4.3, the Department may agree to an administrative monetary settlement such as
a negotiated consent agreement.

4.5 The Department shall respond according to policies, procedures and this
regulation, to public complaints regarding the fairness and integrity of inspections
they receive. The Department shall provide a method for inspection results to be
challenged if there is a reason to believe them to be inaccurate. To challenge
the results of an inspection or reinspection, a motorist must present his or her
vehicle within 2 days (excluding Saturday, Sunday and Holidays) of the
inspection being challenged for another emissions inspection at the Weber-
Morgan Health Department Emissions Technical Center.

4.6 The Department is authorized to take any and all necessary measures to
ensure or facilitate a smooth transition from the UTAH 2000 Analyzer testing
program to the new UTAH 2011 Analyzer testing program required by this
Regulation.

5.0 SCOPE

It shall be unlawful for any person not to comply with any policy, procedure, technical
bulletin, regulation or ordinance promulgated by the County and/or the Department
unless expressly waived by this Regulation.

6.0 GENERAL PROVISIONS

Subject to the exemptions described in Section 6.4 and pursuant to the schedule in
Section 6.1, motor vehicles of model years 1968 and newer that are owned and/or
operated by a person domiciled in Weber County, shall be subject to an annual or
biennial emission inspection performed by a Station or Other Entity approved by the
Department. Registration of a vehicle owned and operated by a Weber County resident
in a County other than Weber is a violation of this Regulation. Fraudulent registration of
a vehicle as a farm truck, diesel, or other exempted vehicle is also a violation of this
Regulation.

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6.1 Beginning 1 January 1992 a Certificate of Compliance, Certificate of Waiver
or evidence that the motor vehicle is exempt from the Inspection and
Maintenance Program requirements (as defined in section 6.4) shall be
presented to the Weber County Assessor or the Utah State Tax Commission and
the Air Pollution Control Fee paid (See section 6.8.2) as conditions precedent to
annual registration or annual renewal of registration of a motor vehicle.
Certificates of Compliance from other EPA approved I/M Programs may be
accepted, if approved by the Director, provided those I/M Programs are equally
effective in reducing emissions.

6.2 A Certificate of Compliance issued to a dealer licensed with the State of Utah
and issued in the dealer’s name, shall be valid for registration purposes for a
period of eleven months as specified in Section 14-6a-1642 (10) b-ii Utah Code
Annotated, 1953, as amended. The purchaser’s name, address, and phone
number shall be recorded by the dealer on the back of the Certificate.

6.3 Publicly-Owned Vehicles. Owners of publicly-owned vehicles shall comply
with the Vehicle Emissions Inspections/Maintenance program requirements in
accordance with this Regulation on an annual or biennial basis pursuant to a
schedule determined by the Department. Federally-owned vehicles and vehicles
of employees regularly operated on a federal installation located in the county
that do not require registration in the State of Utah shall comply with the
emissions testing requirements on an annual or biennial basis pursuant to a
schedule determined by the Department and as required by Section 118 of the
Clean Air Act (1990 amendment).

6.4 Vehicle Exemption. The following vehicles are exempt from the annual or
biennial emissions inspection:

6.4.1 Any motor vehicle of model year 1967 or older;

6.4.2 All agricultural implements of husbandry and any motor vehicle that
qualifies for an exemption under Section 41-6a-1642, Utah Code
Annotated, 1953, as amended;

6.4.3 Any vehicle used for maintenance or construction and not designed
or licensed to operate on the highway;

6.4.4 Any motorcycle or motor driven cycle (including vehicles which
operate with an engine normally used in a motorcycle);

6.4.5 Any vehicle that operates exclusively on electricity;

6.4.6 Any new motor vehicle being sold for the first time that has a valid
Manufacturer’s Statement of Origin form;

6.4.7 Any vehicle with an engine smaller than forty (40) cubic inch
displacement (655 cc); and

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6.4.8 Tactical military vehicles.

6.4.9 Any diesel fueled vehicle 1997 and older.

6.4.10 Any diesel fueled vehicle with a GVW greater than 14,000 pounds.

6.5 It shall be the responsibility of the Tester/Technician to determine if a motor
vehicle is exempted from Section 6.4 of this Regulation when presented to the
Tester/Technician for an inspection. It shall be the Tester/Technician’s
responsibility to inform the owner/operator of the vehicle that the vehicle is not
required to have an inspection for vehicle registration purposes.

6.6 Official Signs.

6.6.1 All Stations, except fleet facilities, shall display in a conspicuous
location on the premises;

6.6.1.1 An official sign provided and approved by the Department;

6.6.1.2 The emissions standards, as promulgated under authority
of Section 13.0 and Appendix C, and

6.6.1.3 The fees charged by that station for performing an
emissions inspection.

6.7 Equipment Available for Inspection

6.7.1 Required tools, materials, publications (see Section 8.1.8.3.c)
supplies, records, unused Certificates of Compliance, other required
forms, records of completed inspections, and a complete copy of this
Regulation, shall be kept at the station at all times and shall be available
for inspection and collection by the Department at any time the station is
open for business.

6.7.2 A periodic inspection and audit shall be made by a representative of
the Department to verify compliance with this Regulation for each Station.

6.7.2.1 During the time of the inspection and audit, the Department
representative shall have exclusive access to the approved testing
Analyzer(s).

6.7.2.2 The Department representative may check the accuracy of
the Analyzer using Department gas to verify that the Analyzer is
reading within the tolerances established by the Department.
Analyzers not reading within the acceptable tolerances shall be
calibrated to acceptable tolerances or placed out of service.

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6.8 Fees

6.8.1 The fees assessed Stations and Testers/Technicians shall be
determined according to a fee schedule adopted by the Board of Health.
The fee schedule is referenced in Appendix B of this Regulation.

6.8.2 The following fee is hereby assessed upon every motor vehicle
registered in Weber County annually at the time of registration of the
vehicle:

6.8.2.1 Air Pollution Control Fee -- See Appendix B of this
Regulation.

6.8.2.2 This fee assessment is included upon all motorized vehicles
unless exempted by Utah State Rule.

6.8.2.2.a This includes the vehicles that are exempted
from the inspection requirements of this Regulation by
Section 6.4

6.8.2.3 Additional fees may be assessed on motor vehicles by other
Health Regulations.

6.8.3 Stations may charge a fee for the required service. The fee may not
exceed, for each vehicle inspected, the amount set by the Board of Health
and referenced in Appendix B of this Regulation:

6.8.3.1 The inspection fee pays for a complete inspection
regardless of test results. The owner is entitled to one (1) free
reinspection if the vehicle requires a TSI test or two (2) free
reinspections if the vehicle requires an OBD test if he/she returns to
the station that performed the original inspection within thirty (30)
days from the date of the initial inspection. The emissions
inspection fee shall be the same regardless of the test results.

6.9 These fees are subject to change and may be amended as deemed
necessary by the Board of Health to accomplish the purposes of this
Regulation.

7.0 STANDARDS AND SPECIFICATIONS FOR ANALYZERS AND CALIBRATION
GASES

7.1 Approval of Analyzers

7.1.1 No emissions inspection or emissions test required by this
Regulation shall be performed after January 31, 2012 unless the type of
instrument used for determining compliance with this Regulation is the
UTAH2011Analyzer. The Analyzer shall meet the requirements of the
Analyzer specifications referenced in Appendix A of this Regulation.

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7.1.2 Analyzer Registration

Any Analyzer used by a Station shall be registered with and approved by
the Department and shall be issued an analyzer identification number.
Identification numbers are not transferable. Any new or used Analyzer put
in use after station approval must be approved by the Department before
use.

7.1.3 Running Changes

Any changes to the design characteristics or component specifications
that may affect the performance of an Analyzer to be used as an official
test instrument in the Vehicle Emissions Inspection and Maintenance
Program shall be approved by the Department. It shall be the Analyzer
manufacturer’s responsibility to verify that the changes have no
detrimental effect on the performance of the Analyzer.

7.1.3.1 It shall be a violation of this Regulation for any person to
alter or modify the hardware or software of an approved Analyzer
without written application and formal written approval by the
Department.

7.1.3.2 It shall be a violation of this Regulation for any person to
gain access to any Department controlled portions of an approved
Analyzer without written approval by the Department.

7.1.4 Documentation, Logistics, and Warranty Requirements

7.1.4.1 Instrument Manual

An instrument manual shall be provided by the Analyzer
manufacturer. The instruction manual shall be conveyed to the
purchaser at the time of sale and shall contain at least the following
information for the Analyzer:

(a) A complete technical description;

(b) The accessories and options that are included and/or
available;

(c) The location of the model number and identification
markings;

(d) Operating maintenance schedule including daily, weekly,
and monthly accommodations and procedures for
maintaining sample system integrity including, but not limited
to, leak check, hang up, calibration and filters. The services
to be performed only by the manufacturer shall be clearly
identified;

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7.1.4.2 Analyzer Maintenance.

The Analyzer shall be maintained in accordance with the
manufacturer’s recommended maintenance schedule and records
of this maintenance service shall be maintained for examination by
the Department.

7.1.4.3 Analyzer printers shall be maintained in such a manner that
the printing of the Certificates, inspection reports and documents
are accurate and legible. If any printer fails to properly function,
then the Station shall discontinue testing until the required repairs
have been performed or a replacement printer is installed.

7.1.4.4 No person may engage in repair of the Analyzer unless
approved by the Department.

7.2 Gas Calibration and Leak Check.

7.2.1 The Analyzer instruction manual and other Department
approved information shall be reviewed by the Tester/Technician to
ensure that proper procedures are being used for performing the
gas calibration.

7.2.2 A Tester/Technician shall perform a leak check and a gas
calibration of the Analyzer, with an approved calibration gas, within
72 hours prior to performing any emission test. The gas calibration
and leak test must be performed in accordance with the Analyzer
specifications as contained in Appendix A.

7.2.3 The Analyzer shall lock-out of the TSI test mode when
calibrations and leak tests are not performed within prescribed time
frames.

7.2.4 The Department shall use and require for use in the
calibration of Analyzers, calibration and span gases and containers
meeting the following guidelines.

7.2.4.1 The analyzer manufacturer and/or manufacturer
designated marketing vendor shall, supply at a reasonable
cost calibration gases approved by the Department to any
ultimate purchaser of the Analyzer. Each new or used
Analyzer sold by the manufacturer or marketing vendor shall
have when deemed necessary by the Department, approved
full calibration gas containers installed and operational at the
time of delivery.

7.2.4.2 The calibration/Span gases supplied to any I/M
Station shall conform to the specifications of the Department.
All calibration gases shall meet all requirements for

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emissions warranty coverage. Only gas blends approved by
the Department shall be used to calibrate the Analyzers.

8.0 PERMIT REQUIREMENTS OF THE VEHICLE EMISSIONS STATION

8.1 Permit Required.

8.1.1 No person shall operate a Station without a valid Permit issued by
the Department. A person desiring to operate a Station shall submit to the
Department a written application for a Permit on a form provided by the
Department. To qualify for a Permit, an applicant shall:

8.1.1.1 Be an owner of the proposed Station or an officer of the
legal ownership;

8.1.1.2 Comply with the requirements of this Regulation;

8.1.1.3 Agree to allow Department access to the Station and to
provide required information;

8.1.1.4 Pay the permit application fee at the time the application is
submitted;

8.1.1.5 Present a copy of a current business license relating to the
Station; and

8.1.1.6 Other information required by the Department.

8.1.2 The application shall Include:

8.1.2.1 The name, mailing address, telephone number, and
signature of the person applying for the Permit and the name,
mailing address, and permanent location of the Station;

8.1.2.2 Information specifying whether the Station is owned by an
association, corporation, individual, partnership, or other legal
entity;

8.1.2.3 The name, title, address, and telephone number of the
person directly responsible for the Station;

8.1.2.4 The name, title, address, and telephone number of the
person who functions as the immediate supervisor of the person
specified under 8.1.2.3 of this section such as zone, district, or
regional supervisor;

8.1.2.5 A statement signed by the applicant that attests to the
accuracy of the information provided in the application, and affirms

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that the applicant will comply with this Regulation, and allow the
Department access to the Station; and

8.1.2.6 Other information required by the Department.

8.1.3 No person shall in any way represent any place as a Station unless
the Station is operated under a valid Permit issued by the Department.

8.1.4 The Department is authorized to issue or deny Permits for
Stations.

8.1.5 A Permit may not be transferred from one person to another person,
from one Station to another Station or from one type of operation to
another, unless approved in writing by the Department.

8.1.6 The Permit shall be posted in a conspicuous place within public view
on the premises.

8.1.7 The Department may renew a Permit for an existing Station or may
issue a Permit to a new owner of an existing Station after a properly
completed renewal form is submitted, reviewed, and approved, the fees
are paid, and an inspection shows that the Station is in compliance with
this Regulation.

8.1.7.1 The Department shall not approve any application for
issuance or renewal of a Permit for an existing Station that is under
suspension until the date that the suspension has expired.

8.1.7.2 The Department shall not issue a Permit to a new owner of
any Station where a Permit has been revoked prior to twelve
months from the date of revocation.

8.1.7.3 If the property referenced in 8.1.7.1 or 8.1.7.2 is sold or
leased to a new person that wants to open as an approved Station,
the new owner or lessee may follow the Adjudicative Procedures in
Section 15.0 to seek a waiver from Sections 8.1.7.1 or 8.1.7.2
above based on a Departmental approved consent agreement. If a
waiver is recommended the new owner or lessee may negotiate a
consent agreement with the Department for the remainder of the
suspension referenced in 8.1.7.1 or the twelve month waiting period
as required in Section 8.1.7.2.

8.1.8 No Permit shall be issued unless the Department finds that the
facilities, tools, and equipment of the applicant comply with the
requirements of this Regulation and that competent personnel, certified
under the provisions of Section 12.0, are employed and available to make
inspections and adjustments, and the operation thereof will be properly
conducted in accordance with this Regulation.

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8.1.8.1 A Station shall immediately notify the Department if the
station does not have a Tester/Technician employed.

8.1.8.2 A Station shall comply with all terms stated in the permit
application and all the requirements of this Regulation.

8.1.8.3 As a condition for permitting all Stations, the following tools
and materials shall be available for performance of the inspection
and maintenance of motor vehicles unless specifically exempted by
the Department:

(a) A Department approved Analyzer and connection to the
Vehicle Information Database;

(b) An ignition timing light (test and repair only);

(c) Reference manuals approved by the Department that
are readily accessible to the emissions Tester/Technician at
any time that an emissions test is conducted. Reference
manuals shall contain information covering the emissions
control systems for the model years and makes of vehicles
involved in the Vehicle Emissions Inspection and
Maintenance Program;

(d) Sufficient hand tools for proper performance of the
inspection and minimum repairs and maintenance as
required by the Department;

(e) Department approved calibration gases;

(f) The Analyzer manufacturer’s maintenance and calibration
manual;

(g) All forms, technical bulletins, a copy of this Regulation,
and other information materials provided by the Department;

(h) A suitable non-reactive tailpipe extender or suitable
probe adapter for inspecting vehicles with screened or
baffled exhaust systems; and

(i) Suitable tools to interface with onboard vehicle
computers for computer controlled vehicles which are
intended to receive official repairs.

8.2 Duties of Testers/Technicians Working in Permitted Stations:

8.2.1 All facets of the Vehicle Emissions Inspection and
Maintenance Program shall be performed by the
Tester/Technicians including, but not limited to:

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8.2.1.1 Analyzer preparation, calibration checks, and leak
checks;

8.2.1.2 Exhaust gas sampling and analysis for purposes of
an official emissions test for issuance of a Certificate of
Compliance;

8.2.1.3 Preparation of reports, forms, and certificates;

8.2.1.4 Accessing the official emissions testing section of the
Analyzer; and

8.2.1.5 All other aspects of the official emissions test,
including but not limited to, the tampering inspection,
inserting the exhaust probe, hooking up the tachometer,
hooking up the OBDII data link connector, entering data into
the Analyzer, verifying that the engine is at normal operating
temperature, ensuring that accessories are off,
preconditioning the vehicle, and signing Inspection Reports,
etc., unless otherwise approved in writing by the Director.

8.3 Safety. A Station facility shall be kept in good repair, free of obstructions and
hazards and in a safe condition for inspection purpose. No inspection shall be
conducted if unsafe conditions exist.

8.3.1 All applicable Occupation Safety and Health Administration (OSHA),
and other applicable health and safety rules and regulations must be
followed in the station.

8.4 Fleet Facility.

A person may establish a fleet facility that is exempt from conducting
business at regular hours, or displaying program signs as long as only
vehicles owned or controlled by the fleet facility owner are inspected at the
station. All other requirements of this Regulation apply.

8.5 Permit Duration and Renewal.

8.5.1 The Permit for Stations shall be issued annually and shall expire on
December 31st of each year. The Permit is renewable within sixty (60)
days prior to the date of expiration.

8.5.2 It is the responsibility of the owner/operator of the Station to pursue
the Permit renewal through appropriate channels,

8.5.3 The Station Permit fee shall be paid annually to the Department by
the billing due date set by the Department.

8.5.4 Prior to the date on which the Station Permit fee is due the
Department shall attempt to notify each regulated Station of the amount of

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the fee. Fees unpaid after the billing due date will be assessed a late fee
which shall be added to the original fee amount.

8.6 Station Permit Revocation and Suspension.

8.6.1 Station Permits may be suspended by the Department for violations
of this Regulation.

8.6.2 Station Permits may be revoked by the Department for severe
and/or repeated violations of this Regulation.

8.6.3 Suspension or Revocation of Station Permits shall follow the
provisions of Appendix D of this Regulation.

8.6.4 Station Permits are and remain the property of the Department, only
their use and the license they represent is tendered.

8.6.5 A Station Permit may be suspended or revoked by the Department
because of returned checks and may not be reinstated until repayment is
confirmed. All returned checks will be charged a returned check handling
fee (referenced in Appendix B).

8.6.6 Failure to pay the Station Permit fee and any additional charges after
the due date may result in suspension and/or revocation of the Permit and
the right to operate as a Station.

8.7 Reinstatement of Revoked Station Permit. The Department may issue a
Station Permit to a station operator that has had a Permit revoked after
the following conditions have been met:

8.7.1 A minimum of five years has passed since the date of revocation for
the previous Permit;

8.7.2 The station operator has not previously had 2 or more Permits
revoked. Operators with 2 or more revoked permits are not eligible to
make application for a Station Permit;

8.7.3 The station operator agrees to a 2 year probationary period.

8.7.3.1 During the probationary period, the operator agrees to
surrender their permit should any violations occur that result in
suspension or revocation. Failure to surrender the Permit will result
in immediate revocation of the Permit by the Department;

8.7.3.2 During the probationary period, the operator agrees to an
increased frequency of overt and covert audits as deemed
necessary by the department;

8.7.4 The station operator will pay a non-refundable, Revoked Station
Reinstatement Fee of $2,500.00 to the department.

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8.8 The Station shall hold the Department harmless in making application for
a Permit or for its renewal, such action shall constitute a declaration by the
applicant that the Department shall be held harmless from liability incurred
due to action or inaction of the Station owner or their employees.

9.0 INSPECTION PROCEDURE

9.1 The official emission inspection shall be solely performed by a
Tester/Technician who has been permitted at the station where the inspection is
being performed and Department approved inspection procedures are being
followed.

9.2 If the Tester/Technician is unable, unqualified, or unwilling to make the
required repairs or adjustments, should the vehicle fail the inspection, he shall
notify the owner/operator of the vehicle before the inspection is administered.

9.3 Prior to conducting any portion of the inspection, the Tester/Technician shall
log into the official testing portion of the analyzer and the vehicle shall be located
within full view of the analyzer camera unless a one-time-use camera bypass
code has been issued by the department;

9.4 The temperature of the inspection area shall be between 410 Fahrenheit and
1100 Fahrenheit (20 Celsius and 430 Celsius) during the inspection.

9.5 The Analyzer shall be kept in an area that provides adequate protection from
the weather, wind, moisture, and extreme temperatures or any other damaging
environmental exposure.

9.6 The electrical supply to the Analyzer shall be able to meet the Analyzer
manufacturer’s requirements for voltage and frequency stability.

9.7 The Tester/Technician shall not inspect or test any motor vehicle with a
mechanical condition which may cause injury to personnel or damage to the
Station or test equipment or which may affect the validity of the inspection, until
such condition is corrected. Such conditions included but are not limited to:
coolant, oil, or fuel leaks, low oil or low fluid levels, carburetor gas overflow,
vehicle electronic instrument panel malfunction.

9.8 The Tester/Technician shall not inspect or test any motor vehicle with visible
emissions and the vehicle shall be reported to the Department. Smoking Vehicles
must be deemed by the Department to be in compliance with the Department
Regulation for Visible Exhaust Emission Enforcement Program prior to testing.

9.9 Any time an engine stalls during an Emission Test, the Emission Test shall
be restarted. If a Tester/Technician cannot complete an Emission Test because
of continuous stalling, then the stalling problem shall be corrected before the test
is performed.

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9.10 The Tester/Technician shall verify the vehicle license plate and Vehicle
Identification Number (VIN) on the vehicle and shall enter them in the Analyzer at
the appropriate prompt.

9.10.1 The Tester/Technician shall enter completely and accurately all the
information required as part of the data entry procedure for the official
vehicle Emission Test on the approved Analyzer at the appropriate prompt
sequence.

9.10.2 All data entries to the Analyzer during the inspection shall be true
and factual.

9.11 The Tester/Technician shall:

9.11.1 Conduct the inspection in accordance with the prompts from the
Analyzer and the requirements of this Regulation.

9.11.2 Examine the emissions/tune-up specification decal (sticker) and/or
the Vehicle Emission Control Information (VECI) label under the hood
and/or check an approved reference manual to determine if the vehicle
was manufactured with the following Emission Control Systems:

- Catalytic Converter(s)
- Air Injection Reaction System (AIR System)
- Exhaust Gas Recirculation System (EGR System)
- Evaporative Control System (EVAP System)
- Positive Crankcase Ventilation System (PCV System)
- On-Board Diagnostics System (OBD System)
- Diesel Particulate System (DPF System)
- Urea System
- Gas cap

etc., as prompted by the Analyzer.

9.11.3 On 1996 and newer model year vehicles follow the OBD IM test
procedures in accordance with Appendix E.

9.11.4 On 1990 through 1995 vehicles, visually inspect for the presence
and apparent operability of the AIR system, catalytic converter, EGR
system, Fuel Evaporative Control system, PCV system, and gas cap in
accordance with Department procedures and record the information in the
Analyzer. If these parts or systems have been removed, or are
inoperable, the vehicle fails and the owner shall repair or replace the parts
or systems before the emissions test may be continued.

9.11.5 On 1968 through 1989 vehicles, visually inspect for the presence
and apparent operability of the AIR system, PCV system, EGR system,
Fuel Evaporate Control System, catalytic converter and gas cap etc. in
accordance with Department procedures and record the information on
the emissions Analyzer.

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9.11.6 2001 and older gasoline vehicles require a functional gas cap test
following department approved procedures.

9.11.7 All diesel fueled vehicles 14,000 GVW and under and model year
1998 and newer shall be tested as specified in Appendix F, Diesel Test
Procedures.

9.12 Prior to performing the exhaust gas sampling portion of an emissions test
each vehicle shall be at normal operating temperature.

9.13 The inspection shall be performed with the transmission in ‘park’ or ‘neutral’
and with all accessories off, the emergency brake applied and the vehicle in Idle
Mode (the vehicle may not be placed in gear to drop idle speed, headlights may
be turned on).

9.14 The Analyzer probe shall be inserted into the exhaust pipe at least twelve
inches (12") or as recommended by the Analyzer manufacturer, whichever is
greater.

9.15 If a baffle or screen prevents probe insertion of at least twelve inches, a
suitable probe adapter or snug fitting, non-reactive hose which effectively
lengthens the exhaust pipe shall be used.

9.16 For all vehicles equipped with a dual exhaust system that does not originate
from a common point, both sides shall be tested simultaneously with an
approved adaptor.

9.17 When inspecting a vehicle under windy conditions, the tailpipe shall be
shielded from the wind with a suitable cover.

9.18 For Vehicles requiring a Two Speed Idle Test:

9.18.1 With the tachometer properly attached to the vehicle being tested;

9.18.2 The vehicle shall be tested according to the testing sequence as
programmed into the Analyzer. Vehicles failing because of excessive
exhaust dilution shall repair the dilution problem prior to continuing the
emissions test. The dilution standard shall be contained in the Analyzer
specifications.

9.19 A Certificate of Compliance shall be issued if:

9.19.1 For 1968 through 1989 model year vehicles, the vehicle emissions
levels measured during the TSI test are the same as or less than the
applicable emissions standards;

9.19.2 For 1990 through 1995 model year vehicles, the vehicle passes the
visual inspection described in Section 9.11 and the vehicle emissions

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levels measured during the TSI test are the same as or less than the
applicable emissions standards;

9.19.3 For 1996 and newer model year OBDII vehicles, the vehicle passes
the visual inspection described in Section 9.11 and the On-Board
Diagnostics (OBD) test requirements as specified in Appendix E of this
Regulation.

9. 20 If the vehicle does not pass the initial Inspection, the owner shall have thirty
(30) days to have repairs or adjustments made and return the vehicle to the
Station that performed the initial Inspection for one (1) free reinspection for a TSI
test, or two (2) free reinspections for a OBD test. The vehicle that did not pass
the initial inspection shall then be issued a Certificate of Compliance only when
all of the following are met:

9.20.1 The vehicle is reinspected;

9.20.2 The vehicle’s emission levels are the same or less than the
applicable Emission Standards and;

9.20.3 For 1990 through 1995 model year vehicles, the vehicle passes
the visual Inspection as provided for in Section 9.10.

9.20.4 For 1996 and newer model year vehicles, the vehicle passes the
On-Board Diagnostics (OBD) test requirements as specified in Appendix E
of this Regulation.

9.21 The Inspection Report shall be signed and provided to the customer.

9.22 Vehicles capable of being operated on both gaseous and liquid petroleum
fuels shall be tested for both fuels in accordance with the Analyzer specifications
as referenced in Appendix A of this Regulation.

9.23 When a vehicle owner requests an Inspection, the Tester/Technician shall
perform the inspection in the testing mode of the approved Analyzer. Performing
a screening test (or pre-test) in the manual mode of the approved Analyzer or on
a non-approved analyzer shall be a violation of this Regulation if the vehicle
owner requested an emissions inspection. Adjustments or repairs shall not be
made prior to a requested inspection.

9.24 If a vehicle fails the inspection and is within the time and mileage
requirements of the federal emissions warranty contained in the Federal Clean
Air Act, the Tester/Technician shall inform the owner/operator that he may qualify
for warranty coverage of emission related repairs as provided by the vehicle
manufacturer and mandated by the Federal Environmental Protection Agency.

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10.0 CERTIFICATE OF WAIVER

10.1 Prior to referring the vehicle owner/operator to the Department for a
Certificate of Waiver, the tester/technician or Station shall verify the repair and
eligibility requirements of this Section have been met.

10.2 A Certificate of Waiver shall be issued only under the following
conditions;

10.2.1 For all vehicles, an initial inspection was performed that did
not pass,

10.2.2 For all vehicles, a second inspection was performed that did
not pass after completion of any qualifying repair work. For 1995 or
older vehicles, the second test result must demonstrate that the
repaired vehicle meets the waiver cut-points specified in Appendix C.

10.2.3 For all vehicles, air pollution control devices applicable and
specified for the make, model and year of the vehicle as specified in
Section 9.11 of this Regulation are in place and operable on the vehicle.
If the devices have been removed or rendered inoperable, they shall be
replaced or repaired before a Waiver is granted.

10.2.4 For 1968 to 1980 model year motor vehicles, if the vehicle
continues to exceed applicable emissions standards after two hundred fifty
dollars ($250) of acceptable emissions related repairs have been
performed and the adjustments required by Appendix G have been
performed by a Certified and Permitted Emissions Repair Technician as
part of the two hundred fifty dollars ($250) in emissions related repairs.
Proof of repair costs, for that specific vehicle, shall be provided to the
Department in the form of an itemized bill, invoice, work order, manifest or
statement in which emissions related parts and labor are specifically
identified. If repairs are made by the vehicle owner or by someone who
does not possess a valid Emission Repair Technician Permit, or is not an
ASE Master Technician Certificate holder, or a manufacturer specific
master technician certificate holder, employed by an I/M Program
Inspection and Repair Station, the cost of labor may not be included in the
two hundred fifty dollars ($250).

10.2.5 For 1981 to 1995 model year motor vehicles, at least three hundred
fifty dollars ($350) of acceptable emissions related repairs have been
performed and the adjustments (where applicable) required by Appendix
G have been performed by a Certified and Permitted Emissions Repair
Technician as part of the three hundred dollars ($350) in emissions related
repairs. Proof of repair costs, for that specific vehicle, shall be provided to
the Department in the form of an itemized bill, invoice, work order,
manifest or statement in which emission related parts and labor are
specifically identified. If repairs are made by the vehicle owner or by
someone who does not possess a valid Emissions Repair Technician
Permit or is not an ASE Master Technician Certificate holder, or a

30
manufacturer specific master technician certificate holder, employed by an
I/M Program Inspection and Repair Station, the cost of labor may not be
included in the three hundred fifty dollars ($350).

10.2.6 For 1996 and newer model year vehicles, at least four hundred fifty
dollars ($450) of acceptable emissions related repairs have been
performed by a Certified and Permitted Emissions Repair Technician as
part of the four hundred fifty dollars ($450) in emissions related repairs.
Proof of repair costs, for that specific vehicle, shall be provided to the
Department in the form of an itemized bill, invoice, work order, manifest or
statement in which emissions related parts and labor are specifically
identified. If repairs are made by the vehicle owner or by someone who
does not possess a valid Emissions Repair Technician Permit, or is not an
ASE Master Technician Certificate, or a manufacturer specific master
technician certificate holder, employed by an I/M Program Inspection and
Repair Station, the cost of labor may not be included in the four hundred
fifty dollars ($450). Any repair costs eligible under the federal emissions
warranties shall not be eligible to be applied to the repair cost waiver
limits.

10.2.7 Any vehicle that experiences an increase in any emissions levels
shall not be eligible for a certificate of waiver regardless of the amount
spent in attempting to repair the vehicle.

10.2.8 As used in this section acceptable emissions related repairs:

10.2.8.1 Refers to those expenditures and costs associated with
the adjustment, maintenance, and repair of the motor vehicle which
are directly related to reduction of exhaust emissions necessary to
comply with the applicable emissions standards, cut-points, and
procedures.

10.2.8.2 Refers to repairs and maintenance of the following
systems, if done according to manufacturer’s specifications, to the
extent that the purpose is to reduce emissions:

(a) Air Intake Systems;

(b) Ignition Systems;

(c) Fuel Control Systems;

(d) Emission Control Systems

(e) Basic Engine Systems; and

(f) Repair of problems identified by On-Board Diagnostic
(OBD) fault codes.

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10.2.9 Does not include adjustments, maintenance, or repairs
performed 60 days prior to the official emissions inspection.

10.2.10 Does not include the fee paid for the inspection.

10.2.11 Does not include costs associated with the repairs or
replacement required by Section 9.11 or the replacement, and/or
repair of air pollution control equipment on the vehicle if the need
for such adjustment, maintenance, replacement, or repair is due to
disconnection of, tampering with, or abuse of the emissions control
systems, or costs incurred due to engine switching and/or
modifications.

10.2.12 Does not include repairs performed to the vehicle’s
exhaust system to correct problems with excessive exhaust
dilution.

10.2.13 Does not include any diagnostics performed or any
chemical additives.

10.2.14 A Certificate of Waiver shall only be issued once to any
vehicle that qualifies, throughout the lifetime of the vehicle.

10.3 Information regarding all performed repairs shall be entered into the
appropriate data base of the Analyzer when prompted.

10.4 A Certificate of Waiver shall only be issued by the Department. A Waiver
shall only be issued after determining that the vehicle complies with the
requirements of this section.

10.5 A Waiver shall not be issued to a vehicle with an inoperable check engine
light.

11.0 ENGINE SWITCHING

11.1 All vehicles which qualify for testing under this section shall be tested by the
Department.

11.2 Vehicles qualifying for testing under this Section shall not be eligible for a
Certificate of Waiver.

11.3 Engine switching shall be allowed only in accordance with EPA policy,
referenced in Appendix H.

11.4 Vehicles not meeting the requirements of Section 11.0 shall be deemed as
tampered and dealt with in accordance with the tampering provisions of this
Regulation.

11.5 All vehicles with switched engines shall be verified to meet EPA
requirements by the Department prior to issuance of a Certificate of Compliance.

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11.6 For 1968 to 1989 vehicles, having an engine other than the original engine
and emissions control configuration are deemed as tampered. These vehicles
must meet the HC and CO standards for the Model Year of the vehicle in order to
receive a Certificate of Compliance, and are not eligible for a Certificate of
Waiver, unless they are restored to the original engine and emissions control
configuration or a configuration approved by the Department.

12.0 CERTIFIED EMISSIONS INSPECTION AND REPAIR TECHNICIAN /
CERTIFIED EMISSIONS INSPECTION ONLY TECHNICIAN PERMIT

12.1 Certified Emissions Inspection and Repair Technician or Certified
Emissions Inspection Only Permit is required.

12.1.1 Inspection for the issuance of a Certificate of Compliance shall only
be performed by a person possessing a valid Certified Emissions
Inspection and Repair Technician or a Certified Emissions Inspection Only
Technician Permit issued by the Department.

12.1.2 Application for permit shall be made upon an application form
prescribed by the Department. No Permit shall be issued unless:

12.1.2.1 For a Certified Emissions Inspection and Repair
Technician Permit, the applicant shall show evidence of an
associate degree or equivalent in automotive technology, or an
ASE Master Technician Certificate or other Department approved
prerequisites.

12.1.2.2 The applicant has shown adequate competence by
successfully completing the written and practical portions of the
Tester/Technician Permit requirements as specified in this
Regulation.

12.1.2.3 The applicant has paid the required permit fees as set by
the Board of Health (reference in Appendix B).

12.1.3 An applicant shall comply with all of the terms stated in the permit
application and with all the requirements of this Regulation.

12.1.4 An applicant shall complete a Department approved training course
and shall demonstrate knowledge and skill in the performance of
Inspections and use of the approved Analyzer. Such knowledge and skill
shall be shown by passing:

12.1.4.1 A written qualification test including but not limited to the
following:

(a) Operation and purposes of emission control systems;

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(b) Inspection procedures as outlined in this Regulation and
prompted by the Analyzer;

(c) Operation of the Analyzer including the performance of
gas calibration and leak check;

(d) The provisions of Section 207(b) Warranty provisions of
the Federal Clean Air Act; and

(e) The provisions of this Regulation and other applicable
Department policies and procedures.

12.1.4.2 A performance qualification test including but not limited
to the following:

(a) Visual inspection and knowledge of the required emission
control equipment;

(b) Demonstration of skill in proper use, care, maintenance,
calibration and leak testing of the Analyzer;

12.1.5 A signed Hands-on Performance check sheet shall be necessary
for successful completion of the performance qualification test. The hands-
on Performance check sheet shall be signed by an instructor or other
person approved by the Department.

12.1.6 The Department shall issue a Tester/Technician Permit to an
applicant upon successful completion of the requirements of this Section.

12.1.7 The Tester/Technician Permit shall be valid only at the Station
where the Tester/Technician is presently employed. If the
Tester/Technician transfers from one Station to another, they shall notify
the Department of the location change. The Permit shall be transferred by
the Department prior to the Tester/Technician performing any inspections.
The Permit will expire on the same date as the original. A transfer fee or
duplicate fee will be charged, as set by the Board of Health and
referenced in Appendix B of this Regulation.

12.1.8 Tester/Technician Permits are and remain the property of the
Department, only their use and the license they represent is tendered.

12.2 Tester/Technician Permit Suspension and Revocation.

12.2.1 Tester/Technician Permit may be suspended by the Department for
violations of this Regulation.

12.2.2 Tester/Technician Permit may be revoked by the Department for
severe and/or repeated violations of this Regulation.

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12.2.3 Suspension or revocation of Tester/Technician Permit shall follow
the provisions of Appendix D of this Regulation.

12.2.4 Tester/Technician Permit may be suspended or revoked by the
Department because of returned checks and may not be reinstated until
repayment is confirmed. All returned checks will be charged a returned
check handling fee (referenced in Appendix B).

12.3 Re-Qualification Requirements for all Tester/Technician Permits.

12.3.1 Tester/Technician Permits shall not be transferred from one person
to another person. Tester/Technician Permits may not be transferred from
one Station to another or from one status to another, i.e., from test and
repair to test only, without a written request and Department approval.

12.3.2 The Department may renew a permit for an existing
Tester/Technician after the permit renewal requirements have been
completed, the fees are paid and the Tester/Technician has complied with
this Regulation.

12.3.3 Upon determination by the Department of the necessity of updating
the qualification for Tester/Technician, they shall be required to re-qualify.

12.3.4 The Tester/Technician shall be required to re-qualify within a
specified time period determined by the Department (from the date of
written notification by the Department). The notice shall be mailed to the
address of record in the office of the Department. Failure to re-qualify
within the required period of time shall result in suspension or revocation
of the Tester/Technician Permit as described in this Regulation.

12.4 Tester/Technician Permit Expiration.

12.4.1 The Tester/Technician Permit shall be issued annually and shall
expire one year from the date of issuance. The Permit shall be renewable
within sixty (60) days prior to the date of expiration.

12.4.2 It is the responsibility of the Tester/Technician to pursue the
renewal of the Tester/Technician Permit.

12.4.3 Permits that have expired for more than 90 days are not renewable.

12.5 Reinstatement of Revoked Tester/Technician Permit. The Department
may issue a Tester/Technician Permit to a Tester/Technician that has had
a permit revoked after the following conditions have been met:

12.5.1 A minimum of five years has passed since the date of revocation
for the previous Tester/Technician Permit;

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12.5.2 The Tester/Technician has not previously had 2 or more Permits
revoked. Tester/Technicians with 2 or more revoked Permits are not
eligible to make application for a Tester/Technician Permit;

12.5.3 A complete review of the Tester/Technician testing history will be
conducted. A finding of 25 of more test records that indicate a failure to
inspect or substitution of a vehicle other than the vehicle on the test record
will result in the denial of the application.

12.5.4 The Tester/Technician agrees to a 2 year probationary period.

12.5.4.1 During the probationary period, the Tester/Technician
agrees
to surrender their Permit should any violations occur that result in
suspension or revocation. Failure to surrender the permit will result
in immediate revocation of the permit by the Department;

12.5.4.2 During the probationary period, the Tester/Technician
agrees to
participate in a testing record and overt testing procedure review
once a quarter for the first year, and on six month intervals the
second year;

12.5.4.3 During the probationary period, the Tester/Technician
agrees to participate in additional trainings or audit procedures
deemed necessary by the Department;

12.5.5 The Tester/Technician will pay a Revoked Tester/Technician
Permit reinstatement fee of $400.00 to the Department.

12.5.5.1 The fee will include tuition costs and associated materials
for required trainings.

13.0 EMISSIONS STANDARDS FOR MOTOR VEHICLES

13.1 In order to obtain a valid Certificate of Compliance, a motor vehicle subject
to an Emissions Inspection shall not exceed the maximum concentrations for
carbon monoxide (CO), and Hydrocarbons (HC) specified in Appendix C of this
Regulation, or pass an approved OBD test as specified in Appendix E of this
Regulation.

13.2 The Board of Health may establish more stringent Emissions Standards
than specified in Appendix C. Any change in Emissions Standards shall be
effective upon the first day of any calendar month designated by the Board of
Health. The Board of Health shall consider the following factors before
establishing more stringent Emissions Standards:

13.2.1 The existing ambient air quality;

13.2.2 The required stringency necessary to meet air quality standards;

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13.2.3 The requirements for air quality programs currently in effect as
promulgated by the EPA, the Utah Department of Environmental Quality,
the County and the Board of Health; The Cut-Points established shall be
part of an overall program, in accordance with EPA guidelines, to achieve
the required tailpipe reductions, of CO and HC from motor vehicles
measured from the date this program is implemented;

13.2.4 The general level of emission control technology on vehicles
registered in the County;

13.2.5 Population growth and other factors which may reasonably be
expected to impact CO and HC concentrations in the atmosphere;

13.2.6 The likelihood of a particular Cut-Point to achieve desired air quality
goals; and

13.2.7 The ability to ensure compliance with the requirements of Section
41-6a-1642 and Section 41-6a-1643, Utah Code Annotated, 1953, as
amended.

13.3 The Board of Health shall notify the Utah Department of Environmental
Quality of any change to the Emissions Standards within 30 days of adopting
changes.

13.4 Notwithstanding the foregoing, the Board of Health understands and
acknowledges that following EPA approval of this regulation as part of the Utah
State Implementation Plan, no changes to the Cut-points specified in Appendix
C, shall be effective to alter the Cut-points for federal purposes absent EPA
approval of the change as a revision to the Utah State Implementation Plan.

14.0 CERTIFICATE OF COMPLIANCE, CERTIFICATE OF COMPLIANCE
NUMBERS AND CERTIFICATE OF WAIVER

14.1 No person shall make, issue or knowingly use any imitation or counterfeit of
a Certificate of Compliance, Certificate of Compliance Numbers or Certificate of
Waiver.

14.1.1 No person shall use a stolen Certificate of Compliance.

14.2 Certificate of Compliance Numbers shall be obtained only from the
Department.

14.3 No refund or credit shall be allowed for unused certificates/numbers, except
as provided in Section 14.7.

14.4 Certificate of Compliance Numbers shall be issued in lots to be determined
by the Department.

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14.4.1 Certificates of Compliance Numbers shall not be sold, loaned,
transferred, or given to any other Station, or any unauthorized individual.

14.5 Certificates of Compliance shall not be issued until an inspection has been
performed as required by this Regulation.

14.6 Completion of Certificates of Compliance by other means than the Analyzer
by any person or station other than the Department is strictly prohibited.

14.7 Upon final cancellation, or revocation of the Permit, the Station owner,
manager or other responsible person shall immediately surrender all unused
Certificates of Compliance Numbers to the Department. The Department may
receipt and refund the fee paid for unused certificates of Compliance Numbers to
the Station owner according to the Weber County Clerk/Auditor’s procedures.
Upon transfer or termination of business ownership, the Station Permit and all
Certificate of Compliance Numbers shall be immediately surrendered to the
Department. Any person acquiring a business that has been permitted as an
official Station, is prohibited from using any Permit, Certificate of Compliance
Numbers or emissions documents issued to the former business; and

14.7.1 Any Analyzer manufacturer or their authorized representative who
repossesses or otherwise removes an Analyzer from a Station shall
immediately notify the Department and shall immediately surrender any
Certificate of Compliance Numbers to the Department.

15.0 ADJUDICATIVE PROCEEDINGS

In accordance with the Weber-Morgan Health Department Adjudicative
Proceedings, a Departmental Conference may be requested in writing within ten
(10) days of any action in which a party is aggrieved.

16.0 PENALTY

16.1 Any person who is found guilty of violating any of the provisions of this
Regulation, either by failing to do those acts required herein or by doing a
prohibited act, shall be guilty of a class B misdemeanor pursuant to Section 26a-
1-123, Utah Code Annotated, 1953, as amended. If a person is found guilty of a
subsequent similar violation within two years, he shall be guilty of a class A
misdemeanor pursuant to Section 26a-1-123, Utah Code annotated, 1953, as
amended.

16.2 Each day that a violation is committed or permitted to continue shall
constitute a separate violation. Also, each improperly issued Certificate of
Compliance constitutes a separate violation.

16.3 The County Attorney may initiate legal action, civil or criminal, requested by
the Department to abate any condition that exists in violation of this Regulation.

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16.4 In addition to other penalties imposed by a court of competent jurisdiction,
any person(s) found guilty of violating any of this Regulation shall be liable for all
expenses incurred by the Department in prosecuting and/or abating the violation.

16.5 The Penalty Schedule for Permits warning, Permits suspension, Permits
revocation, and/or negotiated consent agreements as adopted by the Board of
Health shall be referenced in Appendix D of this Regulation and may be changed
and updated by the Board of Health as deemed necessary to accomplish the
purposes of this Regulation.

16.6 Enforcement of any criminal penalties does not preclude imposition of
administrative or civil penalties and vise-versa.

17.0 SEVERABILITY

If any provision, clause, sentence, or paragraph of this Regulation or the
application thereof to any person or circumstances shall be held to be invalid,
such invalidity shall not affect the other provisions or applications of this
Regulation. The valid part of any clause, sentence, or paragraph of this
Regulation shall be given independence from the invalid provisions or application
and to this end the provisions of this Regulation are hereby declared to be
severable.

18.0 EFFECTIVE DATE

This Regulation including Appendix A through F shall become effective the day of
its adoption by the Board of Health. Appendices may be modified by the Board of
Health without affecting the rest of this Regulation. Appendices when amended
by the Board shall become effective on the day of adoption of amendments by
the Board of Health.

Adopted by the Weber-Morgan Board of Health on September 24, 2018

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APPENDIX A

ANALYZER SPECIFICATIONS

1 EQUIPMENT SPECIFICATIONS
1.1 Computer.
Each workstation will be equipped with the same computer. The computer will be
selected to minimize the obsolescence nature of personal computers. It will contain the
following components as a minimum. Newer or faster components may be substituted if
they become available and the older components can no longer be obtained.

• Windows 7 Professional.
• Intel Core 2 Duo E7500 processor.
• 2 GB RAM
• Onboard graphics controller capable of supporting 1024x768 resolution.
• Onboard LAN Ethernet controller.
• I/O ports: 6 USB 2.0/1.1 ports, 1 RJ45 LAN port, 3 DB-9 serial ports, 1 DB-15
VGA port, 1 DB-25 parallel port, audio jacks: line-out, line in, and mic in.
1.2 Printer
Each workstation will contain a monochrome laser printer (or equivalent) including a
paper tray with a 250 sheet capacity loaded with normal letter sized paper capable of
printing 27 pages per minute and first pages within 5 seconds.

1.3 OBD Interface
The OBD interface shall be a full OBD, SAE J1978, SAE J1979, SAE HS-3000 Scan
Tool Compliant device that reads emission related codes on model year 1996 and newer
vehicles. It supports all protocols including CAN, VPW, PWN, ISO, and KEYWORD
(KWP).The hardware interface itself will be mounted inside the enclosure. It will be
connected to a 5 meter heavy duty cable which will run from the cabinet to the connector
used to plug into the vehicle’s DLC. The OBD system will meet the following
requirements:
• The interface cable has a plug that conforms to the J1962 Diagnostic Connector
specification.
• Capable of communicating with the standard data link connector (DLC) of
vehicles with certified OBD systems.
• Capable of checking for the monitors supported by the on-board diagnostic
system and the evaluation status of supported monitors (test complete/test not
complete) in Mode $01 PID $01, as well as be able to request the diagnostic
trouble codes, as specified in SAE J1979.

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In addition, the OBD system will have the ability to capture other information such as PID
counts, PCM IDs, and OBD VINs if they are available which can be used to perform
OBD “fingerprinting”.

The enclosure containing the hardware interface will supply the interface with an
alternate power supply and ground. This will be used to successfully test vehicles which
have either power or grounding issues.

1.4 Gas Cap Tester
The gas cap tester used for pressure testing the vehicle gas caps will be mounted inside
of the cabinet. The tester uses a 20 foot coiled hose connected to the outside of the
cabinet. The gas cap tester will meet the following specifications:

• Measurement:
o Flow Rate Method: Comparative reference
o Test Pressure Regulation: 30" H20 gauge +/- 1"
o Flow Rate Pass/Fail Point 60 cc/minute +/- 3 cc/minute
• Operating Conditions:
o Temperature Range: 15-110° F
o Altitude Range: - 60–7000’
o Humidity Range: 0-100% (non-condensing)
• PASS/FAIL Adapter:
o Pass Setting Flow Range: 52–56 cc/min.
o Fail Setting Flow Range: 64–68 cc/min.
1.5 Gas and OBDII Units
1.5.1 Gas Analyzer
The system used for the TSI exhaust test will contain heavy duty sample and
water filtration system designed to handle high throughput and a durable pump
for rapid flow rate and sample delivery. The analyzer will meet the following
specifications:

• Measurement Method is NDIR (non-dispersive infrared) for HC, CO, CO2,
electrochemical cell for O2
• Measured Gases
o HC, as either n-hexane or propane
o CO, carbon monoxide
o CO2, carbon dioxide

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o O2, oxygen
• Measurement Range
o HC: 0 to 30,000 ppm, (n-hexane)
o CO: 0 to 15%
o CO2: 0 to 20%
o O2: 0 to 25%
• Operating Environment
o 0º to 50ºC (32º to 122ºF)
o 5 to 95% humidity
o -300 to 3,000 m (-1,000 to 9,750 ft)
• Measurement Resolution
o HC: 1 ppm
o CO: 0.001%
o CO2: 0.01%
o O2: 0.01%
• Measurement Accuracy shall meet or exceed BAR97 accuracy standards.

The analyzer system will be contained in the standard cabinet. The cabinet will
contain the following items on it for the analyzer:

• A fused AC power inlet.
• A connector for the sample probe.
• Three external ports for calibration.
1.5.2 Tachometer
The tachometer used for RPM pickup will make use of existing RPM
measurement technologies. It will have a resolution of +/-1 RPM and will be
connected to the vehicle using the following methods:

• Number one cylinder using inductive probe.
• Primary circuit using inductive probe.
• Battery tachometer using battery clamps or cigarette lighter.

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The tachometer leads will hang on a hook on the outside of the cabinet and the
tachometer boards themselves will be mounted inside the cabinet.

1.6 Optional Components
1.6.1 Barcode Scanner
The workstation will contain a barcode scanner capable of reading both 1D and
2D barcodes. The barcode scanner will meet the following specifications:

• IP54-rated sealing protects against elements, industrial design withstands
multiple 6.5 foot (2 meter) drops to concrete, reducing downtime and
costs for maintenance and repairs.
• Ability to read both 1D and 2D barcodes.
• Omni-directional scanning.
• UPC, EAN, Code 39, Code 128, Codabar, Interleaved 2 of 5, Code 93
• PDF417, microPDF417, MaxiCode, DataMatrix (ECC 2000), Composite
Codes, QR Code
The barcode scanner will be connected to the cabinet via a USB cable and will
be powered by the same cable.

1.6.2 Camera
The workstation will contain one or more USB cameras to be used for taking
video recordings during an inspection.

2 FUNCTIONAL SPECIFICATION
2.1 Analyzer System.
This section describes the equipment functional specifications for the Utah Analyzer
System. These specifications include the maintenance functions to be performed by
the analyzers and the operating conditions.

2.1.1 Operating Conditions
The gas analyzer shall operate in a temperature range from 40 °F to 110 °F.
Within this range, the analyzer must operate within the performance specification
described above. A proper environment will be created in order to keep the
analyzer operation within these ranges except under the most extreme
circumstances. Proper air flow to the gas analyzer will be provided to prevent
overheating and condensation of water vapor which could reduce the reliability
and durability of the analyzer.

The input power required for proper operation of the analyzer will be 115 VAC at
60 Hz. External fuses or circuit breakers will be used to protect the analyzer from
power fluctuations. The operation of the analyzer should not be affected by

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electrical noise or voltage surges which would be found in a typical garage
environment.

2.1.2 Warm-up
The gas analyzer shall be stable and ready for operation within 35 seconds of
being turned on when at normal operating temperatures. If a test is started while
the analyzer is in warm-up, a message will be displayed stating the analyzer is
not ready and the test will not be able to proceed.

2.1.3 Sampling System
The sampling system will consist of a tailpipe probe attached to a flexible sample
line at least 25 feet long, a water removal system, a particulate trap, sample
pump, and other flow control components. A second probe and sampling line will
be available to test vehicles with dual exhaust systems. The sampling system
will be durable to withstand a heavy use system, be free from leaks, and be able
to be easily maintained. The system must be able to resist corrosive elements it
comes in contact with and be able to withstand typical vehicle exhaust
temperatures.

2.1.4 Analyzer Response Time
The response time from the probe to the display shall not exceed eight seconds
to ninety percent (90%) of a step change in input nor shall it exceed twelve
seconds of a ninety-five percent (95%) step change in input. The response time
for the O2 sensor may be as long as fifteen seconds to ninety percent (90%) of
full scale.

2.1.5 Gas Calibration
The gas analyzer will automatically require a gas calibration for HC, CO, CO2,
and O2 every 72 hours (this time will be configurable). If the gas analyzer does
not pass the calibration, the system will automatically lock out any more TSI
emissions tests from being run.

The gas calibration will ensure that accuracy specifications are satisfied and that
linearity is correct at both of the required span points. The gases used for the
calibration must use BAR97 approved gases and they will be introduced into the
analyzer though calibration ports on the gas analyzer enclosure. These gases
will be within 2% of the required span points.

The calibration procedure will be designed to minimize the amount of calibration
gas used. The procedure will not use more than two liters per span point. In
addition, the procedure will be designed to take less than five minutes.

The span points used for the gas analyzer calibration will be as close as possible
to the following gases.

Low Point High Point
Propane – 200 ppm Propane – 3200 ppm
CO – 0.5% CO – 8.0%

44
CO2 – 6.0% CO2 – 12.0%

2.1.6 Single-Point Calibration Check / Audit
A single-point calibration check will be required as recommended by the
manufacturer. This calibration check will use any pre-approved gas values in
order to verify the calibration curve. The analyzer enclosure will be designed to
allow hooking up the additional calibration gases/bottles but they will not be a
permanent part of the analyzer and may be brought in as needed.

2.1.7 Leak Check
The gas analyzer will automatically require a leak check for the sampling system
at a frequency determined by the department. If the gas analyzer does not pass
the leak check, the system will automatically lock out any more TSI emissions
tests from being run. A probe tip cap will be provided in order to perform the
vacuum decay method of leak check.

2.1.8 Hang-up Check
Before every idle test performed by the system, a HC hang-up check will be
performed. This check will be done immediately prior to the actual emission
testing portion of the test. During the check, the HC value will be monitored and
will automatically complete when the HC value is 20 PPM or less. If the HC
value does not drop below this limit within 2 minutes, the inspector will be asked
to verify the probe is not in the tailpipe. If the HC value continues to remain high,
the test will abort. This check should be performed in the background while the
vehicle information is being verified in order to minimize the length of the test.

2.1.9 Dilution Check
While the test is being performed, the readings will be monitored to verify that
excessive dilution is not being introduced to the system. This is done by adding
the CO and CO2 readings and verifying that they are greater than or equal to
6%. If the sum falls below 6%, too much oxygen is entering the system and the
test will need to be restarted after verifying that the probe has not fallen out of the
vehicle’s tailpipe.

2.1.10 Gas Cap Tester Check
The analyzer will automatically require a check for the gas cap tester every 72
hours or at a frequency determined by the department. If the analyzer does not
pass the gas cap tester check, the system will automatically lock out any more
TSI and OBD emissions tests from being run if the gas cap test would be
applicable for the vehicle being tested. A pass/fail standard device will be
provided in order to perform the check.

2.1.11 Information Display
The software will contain a location(s) where the following information is
displayed to the inspector:

• Date of last calibration

45
• Date of last leak check
• Date of next required calibration check
• Gas analyzer related lockout

2.2 OBDII System
2.2.1 Operating Conditions
The OBD interface and associated components shall operate in a temperature
range from 40 °F to 110 °F. Within this range, the OBD interface must operate
within the performance specification described above. A proper environment will
be created in order to keep the OBDII system operation within these ranges
except under the most extreme circumstances. The input power required for
proper operation of the OBDII enclosure will be 12 VDC. External fuses or circuit
breakers will be used to protect the analyzer from power fluctuations. The
operation of the OBDII system should not be affected by electrical noise or
voltage surges which would be found in a typical garage environment.

2.2.2 DLC Connector
The OBDII connector will be compliant with the SAE J1978 specification and will
allow the inspector the ability to connect to a vehicle easily. The attached cable
will allow the system to connect to a vehicle located 15 feet away from the OBDII
system.

2.2.3 General
The OBDII system will be compatible with most types of automotive service
operating environments. The analyzer shall operate under the conditions and
performance requirements listed here and in 40 CFR 51. The equipment design
and operation must meet all Federal requirements (contained in 40 CFR
85.2207-2231) and recommended SAE practices (i.e., J1962, J1978 and J1979)
for OBDII system inspections.

46

APPENDIX B

FEE SCHEDULE

The fees for implementing the requirements of the Vehicle Emission Inspection and
Maintenance Program are contained in the current Weber-Morgan Health Department
Fee Schedule available at 477 23rd Street, Ogden, Utah or online at the Department
Web Page: www.webermorganhealth.org

47
APPENDIX C

MOTOR VEHICLE EMISSIONS Inspection and Maintenance PROGRAM

The following schedule gives the maximum allowable concentration for carbon
monoxide (CO) and hydrocarbons (HC) for both cars and trucks as determined by an
approved Analyzer using the prescribed procedures. The effective date for these cut-
points is 1 November 1991.

ALL PASSENGER VEHICLES
1978 AND OLDER LIGHT DUTY TRUCKS 6,000 POUNDS GVWR OR LESS
1979 TRUCKS AND NEWER 8,500 POUNDS GVWR OR LESS

MAXIMUM CONCENTRATION STANDARDS

MODEL YEAR
1968 - 1969
1970 - 1974
1975 - 1976
1977 - 1979
1980
1981-1995

PERCENT CARBON
MONOXIDE
6.0
5.0
4.0
3.0
2.0
1.2

PARTS/MILLION
HYDROCARBONS
800
700
600
500
300
220

HEAVY DUTY TRUCKS AND VANS
1978 AND OLDER 6,001 OR GREATER
1979-2007 OVER 8,500 POUNDS GVWR
2008 AND NEWER OVER 14000 POUNDS GVWR

MAXIMUM CONCENTRATION STANDARDS

MODEL YEAR
1968 - 1969
1970 - 1978
1979 - 1980
1981 AND NEWER

PERCENT CARBON
MONOXIDE
7.0
5.0
4.0
3.5

PARTS/MILLION
HYDROCARBONS
1500
1200
1000
800
Note: These should be considered as “cut-points” for maximum allowable emissions levels.
Vehicles must never be reset to these emission levels when readjustments are made, but rather
shall be adjusted using manufacturer’s specifications. By using manufacturer’s specifications,
the emission levels should be well below the “cut-points”.

The following schedule gives the maximum allowable concentration for carbon
monoxide (CO) and hydrocarbons (HC) for both cars and trucks as determined by an
approved Analyzer using the prescribed procedures in order to qualify for a waiver. The
effective date for these cut-points is September 24, 2018.

48

ALL PASSENGER VEHICLES
1978 AND OLDER LIGHT DUTY TRUCKS 6,000 POUNDS GVWR OR LESS
1979 TRUCKS AND NEWER 8,500 POUNDS GVWR OR LESS

MAXIMUM CONCENTRATION STANDARDS FOR WAIVERS

MODEL YEAR
1968 - 1969
1970 - 1974
1975 - 1976
1977 - 1979
1980
1981-1995

PERCENT CARBON
MONOXIDE
7.0
6.0
5.0
4.0
3.0
2.0

PARTS/MILLION
HYDROCARBONS
1000
800
700
600
400
300

HEAVY DUTY TRUCKS AND VANS
1978 AND OLDER 6,001 OR GREATER
1979 AND NEWER OVER 8,500 POUNDS GVWR

MAXIMUM CONCENTRATION STANDARDS FOR WAIVERS

MODEL YEAR
1968 - 1969
1970 - 1978
1979 - 1980
1981 - 1995

PERCENT CARBON
MONOXIDE
8.0
7.0
5.0
4.0

PARTS/MILLION
HYDROCARBONS
1700
1500
1200
1000
Note: These should be considered as “cut-points” for maximum allowable emissions levels.
Vehicles must never be reset to these emission levels when readjustments are made, but rather
shall be adjusted using manufacturer’s specifications. By using manufacturer’s specifications,
the emission levels should be well below the “cut-points”.

49
APPENDIX D

PENALTY SCHEDULE

VIOLATION * 1ST OCCURRENCE * 2ND OCCURRENCE * 3RD OCCURRENCE * 4th OCCURRENCE *
Failure to inspect or
substituting a vehicle or
vehicle simulator other
than the vehicle entered
in test record.
6 Month Suspension
Station 9 Month Suspension
Station Revocation Station if
within 2 years of 1st
occurrence

6 Month Suspension
and mandatory training
Tester/Technician
Revocation
Tester/Technician if within
2 years of 1st occurrence

Non-permitted
Tester/Technician
performing inspection or
gained access to the
official testing portion of
the Analyzer.
2 Month Suspension
Station 6 Month Suspension
Station Revocation Station if
within 2 years of 1st
occurrence

2 Month Suspension
Tester/Technician 6 Month Suspension
Tester/Technician Revocation
Tester/Technician if
within 2 years of 1st
occurrence

Pass a Failing Vehicle
(including tampering
portion of inspection).
15 Day Suspension
Stations 1 month Suspension
Station 2 month Suspension
Station Revocation Station if
within 2 years of 1st
occurrence
1 month Suspension
and mandatory training
Tester/Technician
2 Month Suspension and
mandatory training
Tester/Technician
Revocation
Tester/Technician if
within 2 years of 1st
occurrence

Failure to Comply with
Proper Test Procedures. Formal Warning Station 15 Day Suspension
Station 45 Day Suspension
Station Revocation Station if
within 2 years of 1st
occurrence
Formal Warning and
mandatory training
Tester/Technician
30 Day Suspension and
mandatory training
Tester/Technician
90 Day Suspension
and mandatory training
Tester/Technician
Revocation
Tester/Technician if
within 2 years of 1st
occurrence
Passing Covert Audit
Vehicle
† (see Covert Audit –
Station Responsibility)
†† (Covert Audit
Occurrence Reset)
Formal Warning and
mandatory training
Tester/Technician
3 Month Suspension and
mandatory training
Tester/Technician
Revocation
Tester/Technician

The station was or is not
equipped as required by
Section 8.0 of the
Regulation.
Formal Warning Station Suspension Station until
properly equipped
Performing Unnecessary
or Unrelated Repairs. Formal Warning Station 3 Month Suspension
Station Revocation Station if
within 2 years of 1st
occurrence

Formal Warning and
mandatory training
Tester/Technician
3 Month Suspension and
mandatory training
Tester/Technician
Revocation
Tester/Technician

50
Falsifying any inspection
or official document of
the Vehicle Emissions
Inspection and
Maintenance Program or
Fail a Passing Vehicle.
6 Month Suspension
Station 9 Month Suspension
Station Revocation Station if
within 2 years of 1st
occurrence

6 Month Suspension
and mandatory training
Tester/Technician
Revocation
Tester/Technician if within
2 years of 1st occurrence

The Station or
Technician denies
access to a
representative of the
Department to conduct
an audit or other
necessary business
during regular business
hours.
6 Month Suspension
Station Revocation Station
6 Month Suspension
Tester/Technician Revocation
Tester/Technician
Station or
Tester/Technician has
violated any other
provisions of the I/M
Regulation, any State
Rule or Law, County
Ordinance or Department
policy dealing with the
I/M Program.
Up to 6 Month
Suspension Station 6 Month Suspension
Station Revocation Station if
within 2 years of 1st
occurrence

Up to 6 Month
Tester/Technician 6 Month Suspension
Tester/Technician Revocation
Tester/Technician if
within 2 years of 1st
occurrence

Inaccurate or Incomplete
Data. Formal Warning Station 15 Day Suspension
Station 45 Day Suspension
Station Revocation Station if
within 2 years of 1st
occurrence
Formal Warning and
mandatory training
Tester/Technician
1 Month Suspension and
mandatory training
Tester/Technician
3 Month Suspension
Tester/Technician Revocation
Tester/Technician if
within 2 years of 1st
occurrence
*Other appropriate warnings, suspensions, negotiated consent agreements, and/or
revocations as deemed necessary and prudent by the department. Violations that have
been determined to be intentional or flagrant shall result in the maximum penalties.

Negotiated Consent Agreements

Initial Tester/Technician and/or Station suspensions may be reduced in length by a
Negotiated Consent Agreement that may substitute monetary settlements for part or all
of the suspension time for each violation incurred under the penalty schedule. Consent
Agreements for stations shall be based on 50% of the maximum emission inspection
fee multiplied by the actual number of Certificates of Compliance issued during the
equivalent suspension time frame prior to the violation. Consent agreements shall not
exceed $1,667.00 for every 30 day period contained within a suspension, and shall
have a maximum amount of $10,000.00 for a six month suspension. Consent
agreements for the tester/technician shall be based on $100 increments for any 7 day
period or portion thereof up to a maximum of 180 days. Negotiated Consent
Agreements are only applicable in relation to suspension.

Subsequent violations under each violation category are not eligible for negotiated
consent agreements.

51

†Covert Audit – Station Responsibility

The owner/operator has a responsibility to provide a working environment to the
tester/technician conducive to performing complete and thorough emissions tests as
required in sections 4.3.5 and 9.0. Owner/Operators whose technicians fail to perform
correctly on covert audit inspections will receive a written warning for each violation and
will receive a three month suspension after three written warnings. Subsequent
violations may result in additional suspensions or revocation.

††Resets Based on Successful Completion of Covert Audits

A covert audit violation occurrence will be removed from a station record when two
sequential covert audits are completed successfully and without deficiencies.

A covert audit violation occurrence will be removed from a technician record when two
sequential covert audits are completed successfully and without deficiencies by that
technician.

Explanation of Occurrence Resets Based on Time Allowance

The penalty schedule allows for some types of violations to be removed from a Station
record 2 years after the date of that occurrence. When an occurrence is removed,
subsequent occurrences will be moved back on the penalty schedule in the appropriate
category (i.e. second occurrence now becomes the first occurrence). A Station will clear
its’ record in a specified category by going two consecutive years without committing
any of that type of violation.

Section 4.2

The Department encourages each I/M Station to develop a Quality Assurance Program
within their organization. This program should implement a process designed to
minimize the station’s exposure under the penalty schedule by providing oversight of
the Tester/Technician’s activities and verifying that each emissions test is conducted
according to this regulation.

52
APPENDIX E

OBD IM TEST PROCEDURES

The following test procedure is to be followed for 1996 model year vehicles or newer
with a GVWR of less than 8,501 pounds and 2008 and newer vehicles with a GVWR
less than 14,001:

1. Verify vehicle information;

2. Accurately enter information into analyzer at the required prompts;

3. Review the information entered into data review screens and make corrections if
needed;

4. Perform Visual Tampering Inspection of all emission control systems;

5. Turn ignition key to the off position;

6. Locate the Diagnostic Link Connector (DLC) and connect the OBD lead from the
analyzer;

7. Check for the correct operation of the Malfunction Indicator Light (MIL);

8. Follow analyzer prompts and continue test;

9. The analyzer will communicate with the vehicle and read fault codes and
readiness status;

10. When prompted, turn off the engine, put ignition in the off position, and remove
OBD lead;

11. If the MIL is functioning correctly and the readiness monitors are set correctly,
the vehicle passes the OBDII test.

12. If the MIL is not functioning the vehicle fails the OBDII test and requires repair;

13. If the MIL is commanded ON the vehicle fails. The vehicle has a problem and has
stored a Diagnostic Trouble Code (DTC). This DTC needs to be diagnosed for
repairs.

14. If the test results say Not Ready, the vehicle needs to complete one or more
drive cycles to reset and run the readiness monitors.

53
APPENDIX F

DIESEL FUELED VEHICLE TEST PROCEDURE

1.0 All diesel fueled vehicles 2007 and newer shall be tested in accordance with the
following procedure;

1.1 Verify vehicle information;

1.2 Accurately enter information into analyzer at the required prompts;

1.3 Review the information entered into data review screens and make
corrections if needed;

1.4 Perform Visual Tampering Inspection of all emission control systems

1.5 Turn ignition key to the off position;

1.6 Locate the Diagnostic Link Connector (DLC) and connect the OBD lead
from the analyzer;

1.7 Check for the correct operation of the Malfunction Indicator Light
(MIL)

1.8 Follow analyzer prompts and continue test;

1.9 The analyzer will communicate with the vehicle and read fault codes and
readiness status;

1.10 When prompted, turn off the engine, put ignition in the off position, and
remove OBD lead;

1.11 If the MIL is functioning correctly and the readiness monitors are set
correctly, the vehicle passes the OBDII test.

1.12 If the MIL is not functioning the vehicle fails the OBDII test and requires
repair;

1.13 If the MIL is commanded ON the vehicle fails. The vehicle has a problem
and has stored a Diagnostic Trouble Code (DTC). This DTC needs to be
diagnosed for repairs.

1.14. If the test results say Not Ready, the vehicle needs to complete one or
more drive cycles to reset and run the readiness monitors.

54
2.0 All diesel powered vehicles 1998-2006 shall be subject to a visual anti-tampering
inspection. The emission control systems identified in the emissions decal shall
be in place and apparently operable on the vehicle.

2.1 The emission control systems listed on the emissions decal must be present
and apparently operable to pass the emissions inspection.

2.2 If the OBDII system is identified in the emissions decal, the procedure in
Section 1.1 through 1.10 shall be followed.

2.3 If the emissions decal is missing the Tester/Technician shall check an
approved reference manual to determine what emission control systems the
vehicle was manufactured with.

2.4 If the emissions decal is missing and the vehicle meets the requirements of
Section 2.3, the following emissions control systems shall be present and
apparently operable if factory equipped:

Catalyst;
Exhaust Gas Recirculation System (EGR);
Diesel Particulate System (DPF);
Air Injection Reaction System (AIR);
Urea System (SCR); and
OBD II System.

2.5 A Certificate of Compliance shall be issued if the emissions control devices
are in place and apparently operable. An inspection of the OBD II system as
referenced in Section 2.2 shall be for informational purposes only and will not
determine whether a vehicle passes or fails the emission inspection.

55

APPENDIX G

ADJUSTMENT PROCEDURES

The adjustments should be performed on all 1980 and older vehicles (where applicable)
that failed the I/M test. These adjustments must be performed by an emissions repair
technician before a vehicle will be eligible for a waiver.

ADJUSTMENT PROCEDURES (Vehicles without computer Controlled Engine
Systems)

1. The following adjustments should be performed on all 1981 and older vehicles
(where applicable) that failed the I/M test. These adjustments must be performed
by a Technician before a vehicle will be eligible for Certificate Of Waiver.

2. The Emissions Inspection and Repair Technician shall refer to the emissions
tune-up specifications. Adjustments shall be made according to manufacturer’s
specifications. The adjustment procedures shall be as follows:

2.1 The dwell if applicable, shall be checked with a dwell meter to determine
if it is within the recommended tolerance of 2 degrees of specifications. The
dwell shall be reset if it exceeds this tolerance;

2.2 The idle speed shall be checked with a tachometer to determine if it is
within 50 rpm of the manufacturer’s specifications. If it is not, it shall be set
to within 50 rpm of the manufacturer’s specifications;

2.3 The ignition timing shall be checked, using a timing light or engine
analyzer, to determine if it is within +4 degrees to -2 degrees of the
recommended settings while the engine is idling at the specified speed. If
the timing exceeds this tolerance, it shall be adjusted until it falls within +4
degrees to -2 degrees of the recommended setting;

2.4 The idle air/fuel ratio shall be adjusted according to manufacturer’s
suggested procedures and/or specifications using an infrared analyzer,
propane enrichment kit, or tachometer;

2.5 The choke shall be checked for normal operation and, if appropriate,
adjusted according to manufacturer’s suggested procedures and/or
specifications;

2.6 After completing the preceding steps, the idle speed shall be readjusted
to manufacturer’s specifications; and

2.7 The performed adjustments shall be entered in the required data base of
the Analyzer.

56

APPENDIX H

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

ENGINE SWITCHING FACT SHEET

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
March 13, 1991
OFFICE OF AIR AND RADIATION

Pursuant to frequent requests for information received by the U.S. Environmental Protection Agency
(EPA) regarding the legality and effects of engine switching, this document will summarize federal law
and policy pertaining to this matter, and will discuss other related issues.

A. Federal Law

The federal tampering prohibition is contained in section 203(a)(3) of the Clean Air Act (Act), 42
U.S.C. 7522(a)(3). Section 203(a)(3)(A) of the Act prohibits any person from removing or rendering
inoperative any emission control device or element of design installed on or in a motor vehicle or motor
vehicle engine prior to its sale and delivery to an ultimate purchaser and prohibits any person from
knowingly removing or rendering inoperative any such device or element of design after such sale and
delivery, and the causing thereof. The maximum civil penalty for a violation of this section by a
manufacturer or dealer is $25,000; for any other person, $2,500. Section 203(a)(3)(B) of the Act
prohibits any person from manufacturing or selling, or offering to sell, or installing, any part or
component intended for use with, or as part of, any motor vehicle or motor vehicle engine where a
principal effect of the part or component is to bypass, defeat, or render inoperative any device or
element of design installed on or in a motor vehicle or motor vehicle engine, and where the person
knows or should know that such part or component is being offered for sale or is being installed for
such use. The maximum civil penalty for a violation of this section is $2,500.

EPA received many questions regarding the application of this law to a situation where one engine is
removed from a vehicle and another engine is installed in its place. EPA's policy regarding "engine
switching" is covered under the provisions of Mobile Source Enforcement Memorandum No. lA
(Attachment 1). This policy states that EPA will not consider any modification to a "certified
configuration" to be a violation of federal law if there is a reasonable basis for knowing that emissions
are not adversely affected. In many cases, proper emission testing according to the Federal Test
Procedure would be necessary to make this determination.
2

A "certified configuration" is an engine or engine chassis design which has been "certified" (approved)
by EPA prior to the production of vehicles with that design. Generally, the manufacturer submits an
application for certification of the designs of each engine or vehicle it proposes to manufacture prior to
production. The application includes design requirements for all emission related parts, engine
calibrations, and other design parameters for each different type of engine (in heavy-duty vehicles), or
engine chassis combination (in light-duty vehicles). EPA then "certifies" each acceptable design for use,
in vehicles of the upcoming model year.

For light-duty vehicles, installation of a light-duty engine into a different light-duty vehicle by any
person would be considered tampering unless the resulting vehicle is identical (with regard to all
emission related parts, engine design parameters, and engine calibrations) to a certified configuration of
the same or newer model year as the vehicle chassis, or if there is a reasonable basis for knowing that
emissions are not adversely affected as described in Memo 1A. The appropriate source for technical
information regarding the certified configuration of a vehicle of a particular model year is the vehicle
manufacturer.

For heavy-duty vehicles, the resulting vehicle must contain a heavy-duty engine which is identical to a
certified configuration of a heavy-duty engine of the same model year or newer as the year of the
installed engine. Under no circumstances, however, may a heavy-duty engine ever be installed in a
light-duty vehicle.

The most common engine replacement involves replacing a gasoline engine in a light-duty vehicle with
another gasoline engine. Another type of engine switching which commonly occurs, however, involves
diesel powered vehicles where the diesel engine is removed and replaced with a gasoline engine.
Applying the above policy, such a replacement is legal only if the resulting engine-chassis configuration
is equivalent to a certified configuration of the same model year or newer as the chassis. If the vehicle
chassis in question has been certified with gasoline, as well as diesel engines (as is common), such a
conversion could be done legally.

Another situation recently brought to EPA's attention involves the offering for sale of used foreign-built
engines. These engines are often not covered by a certified configuration for any vehicle sold in this
country. In such a case, there is no way to install such an engine legally. EPA has recently brought
enforcement actions against certain parties who have violated the tampering prohibition by performing
illegal engine switches.

It should be noted that while EPA's policy allows engine switches as long as the resulting vehicle
matches exactly to anv certified configuration of the same or newer model year as the chassis, there are
some substantial practical limitations to performing such a replacement. Vehicle chassis and engine
designs of one vehicle manufacturer are very distinct from those of another, such that it is generally not
possible to put an engine into a chassis of a different manufacturer and have it match up to a certified
configuration. Therefore, practical considerations will generally limit engine switches to installation of another

3
engine which was certified to be used in that same make and model (or a "twin" of that make and model, e.g.,
Pontiac Grand Am and Oldsmobile Calais). In addition, converting a vehicle into a different certified
configuration is likely to be very difficult, and the cost may prove prohibitive.

B. State Laws

Many states also have statutes or regulations prohibiting tampering in general. Most of these laws specifically
prohibit tampering by individuals. A few specifically prohibit engine switching, using provisions similar to those
stated in EPA's policy. To determine the state law in any given state, the state's Attorney General's office should
be contacted. In addition, many states have state or local antitampering inspection programs which require a
periodic inspection of vehicles in that area, to determine the integrity of emission control systems. Many
programs have established policies for vehicles which have been engine switched. While EPA does not require
these programs to fail engine switched vehicles which are not in compliance with federal policy, the Agency
does strongly recommend that these programs set their requirements so as to be consistent with the federal law.
State or local programs which pass illegally engine switched vehicles may mislead federally regulated parties into
believing that engine switching is allowed by federal law.