Section 10.12.130 Emission Standards for Motor Vehicle Exhaust Gases Not Receiving an OBDII Test.

Chapter 10.12 ENHANCED VEHICLE EMISSIONS INSPECTION MAINTENANCE PROGRAM

A. In order to obtain a valid Emissions Certificate of Compliance, exhaust emissions from a Motor Vehicle subject to anl exhaust gas test shall not exceed the maximum concentrations for Carbon Monoxide (CO), Nitrogen Oxides (NO_x) and Hydrocarbons (HC) as adopted in Section 10.12.260 of this Chapter.

B. Maximum concentration cut points shall be determined by the Division and ratified by the County Commission as needed, to meet the National Ambient Air Quality Standards established by the Environmental Protection Agency and the applicable State Implementation Plan (SIP) adopted by the Utah State Air Quality Board. The established cut points shall remain in effect until changed by order of the County Commission. Any change in cut points shall be effective upon the first day of any calendar month designated by the County Commission. The Division shall recommend cut points to the County Commission for adoption by considering the following factors:

1. To provide for the required stringency;

2. The existing ambient air quality;

3. The requirements for air quality currently in effect as promulgated by the Environmental Protection Agency, the Utah State Department of Environmental Quality, and the Division. The cut points established shall be part of an overall program in accordance with EPA guidelines to achieve the required tailpipe reduction of CO, NO_x and HC from Motor Vehicles measured from the date this program is implemented;

4. The general level of emission control technology on vehicles registered in the County.

5. Population growth and other factors which may reasonably be expected to impact CO, NO_x and HC concentrations in the atmosphere.

6. The likelihood of a particular cut point to achieve desired air quality goals.

7. To ensure compliance with the requirements of Section 41-6-163.6 and Section 41-6-163.7, Utah Code Annotated, 1953, as amended.

C. Upon determining the appropriate cut points, the Division shall cause notice thereof to be issued to each Certified Emission Repair Facility and/or Enhanced Basic Test Station and to the public by publication at least once in a newspaper of general circulation in the County at least thirty days prior to the effective date. Such notice shall indicate that written comment on the proposed cut point levels will be received by the Division until fifteen (15) days prior to the effective date of the cut points. The Division shall consider any timely submitted written comment and, should good cause appear, may alter or suspend the proposed cut points as appropriate. Otherwise, the proposed cut points shall take effect on the date determined by the Division. The action of the Division must then be ratified by the Davis County Commission.

1. The cut points are referenced in Section 10.12.260 to this Ordinance and may be amended pursuant to the provisions of Section 10.12.130 of this Chapter.

(Ord. 6-2008, Amended, 07/15/2008, Prior Text; Ord. 03-2002, Amended, 10/01/2002, Prior Text)