ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: NREW DP 10-0-0-0

HB2439: vehicle emissions inspections; enactment date

Sponsor: Representative Griffin, LD 19

Caucus & COW

Overview

Changes, from July 1, 2023 to July 1, 2027, the date by which the United States Environmental Protection Agency (EPA) must approve 2021 legislative modifications to vehicle emissions testing program protocols for them to take effect.

History

The Clean Air Act (CAA) requires the EPA to set National Ambient Air Quality Standards (NAAQS) for pollutants that are common in outdoor air, harmful to health and the environment and come from diverse sources (42 U.S.C. § 7409). These pollutants include sulfur dioxide, particulate matter, nitrogen dioxide, carbon monoxide, ozone and lead. Each state must establish a state implementation plan (SIP) with measures to maintain NAAQS. The SIP must receive EPA approval (42 U.S.C. § 7410). Additionally, states with nonattainment areas must develop plans for these areas to reach an acceptable standard (42 U.S.C. § 7502).

The CAA sets requirements for vehicle inspection and maintenance (I/M) programs to identify and repair high emissions vehicles and improve air quality in areas that are not meeting NAAQS for ozone and/or carbon monoxide. I/M programs must follow several federal requirements that include performance standards, test procedures and standards and data analysis and reporting standards. However, the degree of testing and inspection for an I/M program increases with the level of nonattainment. For example, a serious level of nonattainment requires a state to adopt an enhanced I/M program that requires annual emissions testing and inspection of emissions control diagnostic systems (42 U.S.C. § 7511a and 42 U.S.C. § 7512a). To receive EPA approval, a state's SIP must explain how it will achieve I/M program requirements (40 C.F.R. § 51.372). A SIP remains effective until the EPA approves a revision that convincingly demonstrates the area can maintain the relevant standards without the emission reductions attributable to the I/M program (40 C.F.R. § 51.350(c)).

Enhanced I/M programs are currently operated in the Phoenix and Tucson metropolitan areas due to nonattainment of two NAAQS. Portions of these areas were previously designated as nonattainment areas under the carbon monoxide NAAQS. The Phoenix metropolitan area remains designated as nonattainment for the ozone NAAQS. These enhanced I/M programs are run through the Arizona Department of Environmental Quality's (ADEQ) Vehicle Emissions Inspection and Maintenance Program (A.R.S. § 49-541 et seq.). In 2021, the Legislature adopted changes to this program that included revised emission standards for different classes of vehicles based on features such as the presence of an onboard diagnostic system and use of diesel fuel (Laws 2021, Chapter 27). However, these changes would only be effective if the EPA's approved the SIP containing these changes by July 1, 2023. The EPA has not yet responded to the proposed SIP changes.

Provisions

1. Extends the date by which the EPA must approve of modifications to vehicle emissions testing program protocols in order for them to become effective. (Sec. 1)

2. Contains an emergency clause. (Sec. 2)

3. Makes technical changes. (Sec. 1)

6. ---------- DOCUMENT FOOTER ---------

7. HB 2439

8. Initials PAB/AH Page 0 Caucus & COW

10. ---------- DOCUMENT FOOTER ---------