*Image courtesy of John Everett, "Emission tests begin with protest." Originally published in the Houston Chronicle, 1/3/95.
The Clean Air Act Amendment of 1990, which has been in effect since November 15, 1990, is the ultimate law of the land, and this makes tampering with a motor vehicle's emission system a crime. Not only repair facilities are subjected to criminal prosecution, so are individual vehicle owners. Another thing is that de-certification of a street-driven motor vehicle is illegal, which used to be a common practice when the motor vehicle is altered (e.g. removal of emission control devices and/or rendering inoperable anything that was factory-installed). This used to be a common practice with Disco-Era vehicles of 1973-80 vintage, when devices like EGR valves, AIR pumps, and fuel restrictors were often removed and/or modified for used with leaded fuel and/or increased fuel economy.
California, the first and original state that mandated tailpipe testing, has been the model state for the rest of the 49 states which are implementing I/M programs. These programs are being incorporated with the safety inspections that are common with vehicle inspection.
The CAA '70 provisions (e.g. private individuals and repair facilities can remove emission control devices) have been rendered moot since the signing of the 1990 amendment (President George Bush signed this act into law) to the EPA Clean Air Act. Under the CAA '70, automotive manufacturers that sold a motor vehicle without smog control devices were subject to fines, as well auto dealers that altered any motor vehicle for sale to the general public. Remember Motion Performance?
Since 1995, there are 28 states that have emission testing, and the IM240 dyno has been used in several states. This is known as enhanced emission testing, which is an ex post facto regulation under CAAA '90. This is a stricter testing criteria that places a motor vehicle on a 240-minute dyno to measure emission output at verious cycles. Not all jurisdictions use the IM240 dyno (Texas uses the BAR 90 in Harris, Dallas/Tarrant, and El Paso Counties). Currently, over 90 metropolitan areas in 35 states that exceed the federal clean air standard. The metropolitan areas that are targeted by the EPA include any city that has over 1 million in population, and if these cities do not meet the CAAA '90 criteria by 2007, as well as reducing ground-level ozone, these metropolitan areas are subject to losing highway funds.
Here are the 25 states that have minimum requirements when an emission test is required. All year brackets are fixed except where noted:
Alaska:
1968 and newer (Municipality of Anchorage); 1975 and newer (Fairbanks North
Star Borough)
Arizona:
1967 and newer (Phoenix and Tucson)
California:
1966 and newer (before January 1, 1998); 1974 and newer (after January
1, 1998)
Colorado:
no minimum (?1968+; see also Air
Care Colorado)
Connecticut: 25 model
years+ (exc. new vehicles)
*Florida:
1975 and newer (Broward, Dade, Duval, Hillsborough, Palm Beach, and Pinellas
Counties. This includes the greater Miami area and West Palm Beach.)
*Georgia: 1975 and
newer (Atlanta area)
Illinois: ?1968+
Indiana: unknown
Maryland:
no minimum (?1968+)
Massachusetts:
1984 and newer
Minnesota:
1977 and newer (exc. vehicles up to 5 years of age; Twin Cities region)
Nevada: no minimum (?1968+; Clark and Washoe Counties)
New Jersey: no minimum
New York:
25 model years (greater NYC area)
*North Carolina:
1975 and newer
*Ohio: 2 to 24 model years (Cincinatti area uses the IM240 treadmill;
Dayton area checks for catalyst and does 25 - 30 mph treadmill)
Oregon:
1975 and newer (Portland area); 20 model years (Medford/Rogue Valley)
Pennsylvania:
(Allegheny, Beaver, Bucks, Chester, Delaware, Lehigh, Montgomery, Northampton,
Philadelphia, Washington, and Westmoreland Counties)
Tennessee:
1975 and newer (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties)
Texas: 2 to 24 model years (only in Harris, Dallas/Tarrant, and
El Paso Counties)
Utah:
1968 and newer
Virginia: ?1968+
Washington:
1968 and newer (Clark, King, Pierce, Snohomish, and Spokane areas)
Wisconsin:
1968 and newer
*Catalytic converter must be present on motor vehicle, even if the vehicle is old and obsolete. This means the converter is in the stock location, with an OEM exhaust system. NO AFTERMARKET DUAL CONVERTERS UNLESS FACTORY INSTALLED BY THE OEM, or grandfathered before 11/15/90!
Most of the states and Canadian provinces listed have fixed year brackets. The fixed year brackets in some states have vehicles up to 30 years of age, and most recently, California has now exempted 1966-73 vehicles from emission testing. From March 1, 1984 -- January 1, 1998, a 1966 model year vehicle in the state of California had to submit to an emission test, as well as a visual inspection, where all of the smog equipment is present and functional. This was rendered moot with the signing of S.B. 42.
In some circumstances, emission testing might be viewed as worthless and a waste of time, and often, arbitrary and capricious. For more information on the arbitrariousness on emission testing, contact COVA/CVAG. Several states listed have no exemption for classic vehicles/pre-1968, but in most jurisdictions, classic registration and/or pre-1968 are exempt from smog testing.
Arizona is the only state in the union that smog tests a model year before the EPA mandate of 1968, when auto manufacturers installed smog hardware on production vehicles. (The 1968 mandate is an ex post facto regulation that was based upon the California mandates for 1966 and newer vehicles, in which AIR pumps and updated PCV systems were incorporated as part of the vehicle's emission system.) This sounds arbitrary and capricious, in which a pre-smog vehicle is subject to emission testing. Texas almost passed H.B. 1550, in which emission testing should be extended to 35 model years. That means if the law went into effect on September 1, 1999, a 1964 model year vehicle will have to submit to emission testing. Has anyone seen a 1957 Chevrolet or a Model T in a Smog Check facility with a sniffer stuck in its tailpipe?
Emission testing pre-control vehicles is a form of arbitrary and capricious legislation, and should be controlled and/or abolished. Differential power lies with the U.S. EPA, since they have placed an iron fist on the BiG 3 automakers. Does this remind anyone of a Soviet regime, Nazi Germany, or a police state like Libya or Iraq? Contact your state representative or senator, or COVA/CVAG.
