GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 323

Short Title:  Ambient Air Quality Improvement/AB.	(Public)

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Sponsors: Representatives Hackney; and Luebke.

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Referred to:  Environment & Natural Resources.

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March 4, 1999

A BILL TO BE ENTITLED
AN ACT TO IMPROVE AMBIENT AIR QUALITY BY AUTHORIZING THE ENVIRONMENTAL MANAGEMENT COMMISSION TO EXPAND THE MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-215.107(a) reads as rewritten:
"(a)	Duty to Adopt Plans, Standards, etc. – The Commission is hereby directed and empowered, as rapidly as possible within the limits of funds and facilities available to it, and subject to the procedural requirements of this Article and Article 21:
(1)	To prepare and develop, after proper study, a comprehensive plan or plans for the prevention, abatement and control of air pollution in the State or in any designated area of the State.
(2)	To determine by means of field sampling and other studies, including the examination of available data collected by any local, State or federal agency or any person, the degree of air contamination and air pollution in the State and the several areas of the State.
(3)	To develop and adopt, after proper study, air quality standards applicable to the State as a whole or to any designated area of the State as the Commission deems proper in order to promote the policies and purposes of this Article and Article 21 most effectively.
(4)	To collect information or to require reporting from classes of sources which, in the judgment of the Environmental Management Commission, may cause or contribute to air pollution. Any person operating or responsible for the operation of air contaminant sources of any class for which the Commission requires reporting shall make reports containing such information as may be required by the Commission concerning location, size, and height of contaminant outlets, processes employed, fuels used, and the nature and time periods or duration of emissions, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.
(5)	To develop and adopt emission control standards as in the judgment of the Commission may be necessary to prohibit, abate, or control air pollution commensurate with established air quality standards. The standards may be applied uniformly to the State as a whole or to any area of the State designated by the Commission. This subdivision does not apply to that portion of the National Emission Standards for Hazardous Air Pollutants for asbestos that governs demolition and renovation as set out in 40 C.F.R. § 61.141, 61.145, 61.150, and 61.154 (1 July 1993 edition).
(6)	To adopt motor vehicle emissions standards; to adopt, when necessary and practicable, a motor vehicle emissions inspection and maintenance program to improve ambient air quality; to designate emissions counties; and to certify to the Commissioner of Motor Vehicles that the ambient air quality in an area will be improved by the implementation of a motor vehicle emissions inspection and maintenance program.  The Commission may adopt different motor vehicle emissions standards and different motor vehicle emissions inspection and maintenance programs for different areas or counties as may be necessary and appropriate to improve ambient air quality.
(7)	To develop and adopt standards and plans necessary to implement programs for the prevention of significant deterioration and for the attainment of air quality standards in nonattainment areas.
(8)	To develop and adopt standards and plans necessary to implement programs to control acid deposition and to regulate the use of sulfur dioxide allowances and nitrogen oxides emissions in accordance with Title IV and implementing regulations adopted by the United States Environmental Protection Agency.
(9)	To regulate the oxygen content of gasoline, to require use of reformulated gasoline as the Commission determines necessary, to implement the requirements of Title II and implementing regulations adopted by the United States Environmental Protection Agency, and to develop standards and plans to implement this subdivision. Rules adopted under this subdivision may specify standards for a particular area of the State that differ from standards specified for other areas as may be necessary to improve ambient air quality within a particular area, achieve attainment or preclude violations of the National Ambient Air Quality Standards, or to meet other federal requirements. Rules may authorize the use of marketable oxygen credits for gasoline as provided in federal requirements.
(10)	To develop and adopt standards and plans necessary to implement requirements of the federal Clean Air Act and implementing regulations adopted by the United States Environmental Protection Agency.
(11)	To develop and adopt economically feasible standards and plans necessary to implement programs to control the emission of odors from animal operations, as defined in G.S. 143-215.10B."
Section 2.  G.S. 20-39(e) reads as rewritten:
"(e)	The Commissioner is authorized to cooperate with and provide assistance to the Environmental Management Commission, or appropriate local government officials, and to develop, adopt, and ensure enforcement of rules governing motor vehicle emissions inspection and maintenance programs adopted pursuant to G.S. 143-215.107(a)(6)."
Section 3.  G.S. 20-128.2(a) reads as rewritten:
"(a)	The rules and regulations promulgated pursuant to G.S. 143-215.107(a)(6) shall be implemented when the Environmental Management Commission certifies to the Commissioner of Motor Vehicles that the ambient air quality in an area will be improved by the implementation of a motor vehicle emissions inspection and maintenance program within a specified county or group of counties."
Section 4.  G.S. 20-183.2 reads as rewritten:
"§ 20-183.2.  Description of vehicles subject to safety or emissions inspection; definitions.
(a)	Safety. – A motor vehicle is subject to a safety inspection in accordance with this Part if it meets all of the following requirements:
(1)	It is subject to registration with the Division under Article 3 of this Chapter.
(2)	It is not subject to inspection under 49 C.F.R. Part 396, the federal Motor Carrier Safety Regulations.
(3)	It is not a trailer whose gross weight is less than 4,000 pounds or a house trailer.
(b)	Emissions. – A motor vehicle is subject to an emissions inspection in accordance with this Part if it meets all of the following requirements:
(1)	It is subject to registration with the Division under Article 3 of this Chapter.
(2)	It is not a trailer whose gross weight is less than 4,000 pounds, a house trailer, or a motorcycle.
(3)	It is a 1975 or later model.
	(5)	It meets any of the following descriptions:
a.	It is required to be registered in an emissions county.
b.	It is part of a fleet that is operated primarily in an emissions county.
c.	It is offered for rent in an emissions county.
d.	It is a used vehicle offered for sale by a dealer in an emissions county.
e.	It is operated on a federal installation located in an emissions county and it is not a tactical military vehicle. Vehicles operated on a federal installation include those that are owned or leased by employees of the installation and are used to commute to the installation and those owned or operated by the federal agency that conducts business at the installation.
f.	It is otherwise required by 40 C.F.R. Part 51 to be subject to an emissions inspection.
(c)	Definitions. – The following definitions apply in this Part:
(1)	Emissions county. – A county designated by the Environmental Management Commission under G.S. 143-215.107(a)(6).
(2)	Federal installation. – An installation that is owned by, leased to, or otherwise regularly used as the place of business of a federal agency."
Section 5.  This act is effective when it becomes law.