30 Tex. Admin. Code § 114.51 - Equipment Evaluation Procedures for Vehicle Exhaust Gas Analyzers
(a) Any manufacturer or distributor of
vehicle testing equipment may apply to the executive director of the commission
or his appointee, for approval of an exhaust gas analyzer or analyzer system
for use in the Texas Inspection and Maintenance (I/M) program administered by
the Texas Department of Public Safety. Each manufacturer shall submit a formal
certificate to the commission stating that any analyzer model sold or leased by
the manufacturer or its authorized representative and any model currently in
use in the I/M program will satisfy all design and performance criteria set
forth in the most recent version of the "Specifications for Vehicle Exhaust Gas
Analyzer Systems for Use in the Texas Vehicle Emissions Testing Program."
Copies of this document are available at the commission's Central Office,
located at 12100 Park 35 Circle, Austin, Texas 78753 or at
http://www.tceq.state.tx.us/assets/public/implementation/air/ms/IM/txvehanlspecs.pdf.
The manufacturer shall also provide sufficient documentation to demonstrate
conformance with these criteria including a complete description of all
hardware components, the results of appropriate performance testing, and a
point-by-point response to each specific requirement.
(b) All equipment must be tested by an
independent test laboratory. The cost of the certification must be absorbed by
the manufacturer. The conformance demonstration must include, but is not
limited to:
(1) certification that equipment
design and construction conform with the specifications referenced in
subsection (a) of this section;
(2)
documentation of successful results from appropriate performance
testing;
(3) evidence of necessary
changes to internal computer programming, display format, and data recording
sequence;
(4) a commitment to
fulfill all maintenance, repair, training, and other service requirements
described in the specifications referenced in subsection (a) of this section. A
copy of the minimum warranty agreement to be offered to the purchaser of an
approved vehicle exhaust gas analyzer must be included in the demonstration of
conformance; and
(5) documentation
of communication ability using protocol provided by the commission or the
commission Texas Information Management System (TIMS) contractor.
(c) If a review of the
demonstration of conformance and all related support material indicates
compliance with the criteria listed in subsections (a) and (b) of this section,
the executive director or his appointee may issue a notice of approval to the
analyzer manufacturer that endorses the use of the specified analyzer or
analyzer system in the Texas I/M program.
(d) The applicant shall comply with all
special provisions and conditions specified by the executive director or his
appointee in the notice of approval.
(e) Any manufacturer or distributor that
receives a notice of approval from the executive director or the executive
director's appointee for vehicle emissions test equipment for use in the Texas
I/M program may be subject to appropriate enforcement action and penalties
prescribed in the Texas Clean Air Act or the rules and regulations promulgated
thereunder if:
(1) any information included in
the conformance demonstration as required in subsection (b) of this section is
misrepresented resulting in the purchase or operation of equipment in the Texas
I/M program that does not meet the specifications referenced in subsection (a)
of this section;
(2) the applicant
fails to comply with any requirement or commitment specified in the notice of
approval issued by the executive director or implied by the representations
submitted by the applicant in the conformance demonstration required by
subsection (b) of this section;
(3)
the manufacturer or distributor fails to provide on-site service response by a
qualified repair technician within two business days of a request from an
inspection station, excluding Sundays, national holidays (New Year's Day,
Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day), and other days
when a purchaser's business might be closed;
(4) the manufacturer or distributor fails to
fulfill, on a continuing basis, the requirements described in this section or
in the specifications referenced in subsection (a) of this section;
or
(5) the manufacturer fails to
provide analyzer software updates within six months of request and fails to
install analyzer updates within 90 days of commission written notice of
acceptance.
Notes
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No prior version found.