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Vehicle Emissions Inspection Program (VEIP)

Revision Date

Agency Contact Information

Arizona Department of Environmental Quality (ADEQ)

Authority

In 1967 the Legislature adopted legislation addressing air pollution in the state, established the Division of Air Pollution Control within the Arizona State Department of Health and outlined emissions requirements to register a motor vehicle. Responsibility for the VEIP was subsequently transferred to the Arizona Department of Environmental Quality in 1986. Current statutory authority is found at A.R.S. §§49-541 et seq. Administrative rules governing vehicle inspections and the Mandatory Vehicle Emissions Inspection Program are found at A.A.C. §§R18-2-1001 et seq.

Function

The Arizona Department of Environmental Quality (ADEQ) establishes and ensures compliance with standards of quality for Arizona's air, land, and water. ADEQ consists of four divisions: Administrative Services, Air Quality, Waste Programs and Water Quality.

The Air Quality Division is responsible for identifying and controlling various sources of air pollution and assuring compliance with federal and state environmental laws. The Division issues permits; develops air pollution reduction strategies, including programs to reduce dust levels; monitors urban visibility in Phoenix; conducts research on conditions that produce high ozone levels; gathers information on air pollutant concentrations in order to forecast carbon monoxide and ozone levels; and administers the vehicle emissions inspection program. ADEQ contracts with a private employer to operate the emissions inspection program.

Vehicles in the Phoenix and Tucson metropolitan areas are subject to requirements designed to reduce emissions of air pollution from vehicles, thereby reducing the release of air contaminants from motor vehicles and combustion engines in the most heavily populated areas of the state. Vehicles used to commute into the Phoenix or Tucson metropolitan areas are also subject to emissions requirements. In order to register a vehicle in these areas, the vehicle must be tested to determine if carbon monoxide, nitrogen oxide and hydrocarbon emissions are below a certain standard. Vehicles that fail the test may not be registered until they are repaired and pass a subsequent test. New vehicles are exempt for the first five years. Emissions tests are required either every year or every two years, depending on certain factors, including the weight of the vehicle and the model year.

History

Background

The State Board of Health existed from 1913 to 1974. The State Department of Health was established in 1941 (Laws 1941, Chapter 105). Federal laws related to air pollution were enacted in 1955. The State Board of Health was abolished by in 1974 by Executive Order 74-4. The Arizona Department of Health Services was established in 1974 and assumed responsibilities of several existing agencies including the Water Quality Control Council, the Bureau of Air Pollution Control, Bureau of Air Quality Control, Bureau of Water Quality Control and the Bureau of Vehicular Emission Inspection (Laws 1973, Chapter 158). In 1986, the ADEQ was created and assumed responsibility for administering certain laws related to Arizona's air, land, and water.

Session Laws

Governor Jack Williams made six specific recommendations in his state of the state address in January, 1967. One was related to air pollution control. He supported proposed legislation to authorize counties to enforce air pollution rules and regulations, to provide a framework to resolve statewide air pollution problems, to establish a division of air pollution control within the State Health Department and to “put teeth into our existing smog laws.”

Laws 1967, Chapter 2 included a declaration of policy stating “the prevention and abatement of air pollution is a matter of statewide concern and the provisions of this act shall apply to all persons and all lands located within the state, including tribal lands.” The law authorized the State Board of Health to establish standards of release for air contaminants from motor vehicles beginning with the 1968 model year. Standards had to be consistent with federal regulation regarding control of emissions from motor vehicles. A person was required to include in an application for a certificate of title or registration a sworn affidavit stating the motor vehicle was equipped with approved emissions control devices. The measure acknowledged the shared jurisdiction between the state and the counties, and established an Advisory Council and the Air Pollution Control Hearing Board.

Laws 1972, Chapter 144 required the State Department of Health to establish prototype motor vehicle emissions inspection stations in Maricopa County by July 1, 1973 and in Pima County by July 1, 1974. The measure required the State Department of Health and the Motor Vehicle Division of the State Highway Department to prepare a study containing recommendations regarding the types of vehicles that should be subject to mandatory inspection, and implementation plans for motor vehicle inspections in Maricopa and Pima counties by July 1, 1975.

Laws 1973, Chapter 158 created the Arizona Department of Health Services (ADHS) and transferred a number of health-related agencies, including the State Department of Health to the new ADHS.

Laws 1974, Chapter 158 required the ADHS to administer a comprehensive annual emissions inspection program in the state for counties with a population of more than 350,000 and to set minimum emissions standards and inspection fees. The measure established the Emissions Inspection Fund; authorized the director of ADHS to contract with an independent contractor to operate emissions inspection stations; established penalties; and appropriated $132,000 to the Emissions Inspection Fund. A pilot Vehicle Emissions Inspection program was required to be established by January 1, 1975 in Maricopa and Pima counties and terminated by January 1, 1976 upon implementation of the mandatory emissions inspection program as outlined in the legislation.

Laws 1975, Chapter 85 directed inspection fees to be transmitted to the State Treasurer, rather than the Director of the Department of Transportation.

Laws 1976, Chapter 182 modified minimum vehicle emissions standards and conditions for registration; authorized collection of an administration fee; and established a seven-member Inspection Program Study Commission. The Commission was required to submit a review of the vehicle emissions inspection program, the contract and the effectiveness of the program. A report, including recommendations, was due by October 1, 1977.

Laws 1980, Chapter 253 limited mandatory inspection to nonattainment areas in counties with a population of more than 350,000; allowed the Director of the ADHS to exempt diesel vehicles from inspection; modified requirements for agreements between the Department and independent contractors; and required a performance audit of the VEIP from the Auditor General by January 1, 1983. The measure also required a review of the duties performed by the independent contractor and county assessors. In addition, ADHS was required to submit alternative proposals for an inspection program by December 31, 1981.

Laws 1985, Chapter 255 was an omnibus measure which addressed standards for inspections; exempted cars manufactured in model year 1971 and older from emissions requirements; modified fees and violations; and required a report on the emissions program from ADHS by July 1, 1989. The measure also required the Auditor General to conduct a performance audit of the program and issue a report by December 1, 1985. (Note: In 1986, the due date for the Auditor General report was extended to January 30, 1988.)

Laws 1986, Chapter 319 expanded the emissions inspection in place at the time to include an inspection to assess tampering for cars of model year 1975 or newer; provided that diesel vehicles would be subject to emissions inspections using a loaded test; modified exemptions; modified fees and modified the information to be included in the report developed by ADHS.

The comprehensive Environmental Quality Act, also enacted in 1986, created the Arizona Department of Environmental Quality and consolidated responsibility for administration of water quality, air quality, solid waste and hazardous waste programs in the new agency. ADEQ assumed responsibility for many programs which had previously been administered by the division of environmental health at ADHS, including the VEIP. See Laws 1986, Chapter 368.

Laws 1988, Chapter 252 modified requirements regarding standards and vehicle model years subject to emissions tests; modified violations and penalties; and required a report written by the ADEQ, the Department of Weights and Measures and the Arizona Department of Transportation to be prepared by October 1, 1988 and annually by October 1 in succeeding years.

Laws 1993, Sixth Special Session, Chapter 1 modified Emissions Inspection Fund sources and uses and addressed agreement provisions relating to independent contractors. The special session legislation was amended in 1994 and in 1995, and a series of technical amendments were adopted to correct conflicting language in the 1993 and 1994 measures.

Laws 1996, Seventh Special Session, Chapter 6 addressed several issues regarding air quality programs and funding for vehicle emissions inspection programs. The measure modified the inspection requirements for new vehicles and diesel-powered vehicles and specified that information provided to a person whose vehicle failed to pass emissions inspection include the following language: "This test is the result of federal law. You may wish to contact your Representative in the United States Congress." The measure also outlined specific information to be provided to vehicle owners regarding application forms and test results.

Laws 1998, Chapter 217 established a random roadside testing pilot program for diesel vehicles; modified the timing for testing a new vehicle and changed eligibility for waivers.

Laws 1999, Chapter 298 continued the VEIP until 2009; revised program requirements, violations and penalties and modified reporting requirements with regard to ADEQ contracts with independent contractors.

Laws 2000, Chapter 404 added onboard diagnostic checks as part of the compliance test for emissions standards; required ADEQ to conduct a study of the performance of emissions control systems with a progress report due by June 30, 2002 and a final report due by June 30, 2005. The measure also established the six-member Vehicle Emissions Inspection, Testing and Repair Research Study Oversight Committee and authorized use of up to $927,000 from the Emissions Inspection Fund to pay for the study. The Committee was terminated as of January 1, 2006.

Laws 2000, Seventh Special Session, Chapter 1 eliminated the exemption from emissions testing for alternative fuel vehicles with a gross vehicle weight of twelve thousand pounds or less.

Laws 2001, Chapter 229 modified roadside testing of diesel vehicles of more than 8500 pounds and allowed an on-board diagnostic (OBD) check to be used in Area B (Pima County) emissions testing.

Laws 2005, Chapter 76 allowed the ADEQ Director to exempt certain collectible vehicles and motorcycles from annual emissions testing. The exemption was conditional, and would only be implemented if the exemption was approved by the U.S. Environmental Protection Agency (EPA) July 1, 2009.

Laws 2007, Chapter 171 continued the VEIP until 2017 and modified emission requirements for diesel powered vehicles, motorcycles and collectible cars. Another bill that year required a liquid fuel leak inspection as part of the overall emissions inspection process and also created the Area C nonattainment area, in the western portion of Pinal County. In addition, the measure established the State Air Quality Study Committee, consisting of ten legislative members to provide recommendations on how the state would comply with national ambient air quality standards. A report was due by December 31, 2009. See Laws 2007, Chapter 292.

Laws 2008, Chapter 64 exempted motorcycles in Area A (Maricopa County) from emissions testing if the U.S. EPA issued an exemption for motorcycles by July 1, 2010.

Laws 2011, Chapter 163 allows an exemption for cars manufactured before the 1975 model year. The exemption was conditioned on approval of the U.S. EPA.

Laws 2014, Chapter 89 modified emissions testing requirements for gas and diesel-powered vehicles; deleted the requirement for the liquid fuel leak inspection; and extended the period of time until July 1, 2017, for U.S. EPA action to determine if the conditional enactments adopted in 2005, 2008 and 2011 will become effective.

Laws 2021, Chapter 27 is an omnibus measure that modifies administration of vehicle emissions programs and the voluntary vehicle repair and retrofit program (VVRRP) and requires ADEQ, rather than the county, to submit an annual progress report on the VVRRP. Testing protocols included in the measure are subject to conditional enactment, based on U.S. EPA approval.

Sources

  • Arizona Revised Statutes §§49-541 et seq.
  • Arizona Administrative Code §§R18-2-1001 et seq.
  • Session Laws
    • Laws 1941, Chapter 105
    • Laws 1967, Chapter 2
    • Laws 1972, Chapter 144
    • Laws 1973 Chapter 158
    • Laws 1974, Chapter 158
    • Laws 1975, Chapter 85
    • Laws 1976, Chapter 182
    • Laws 1980, Chapter 253
    • Laws 1985, Chapter 255
    • Laws 1986, Chapter 319 and Chapter 368
    • Laws 1988, Chapter 252
    • Laws 1993, Sixth Special Session, Chapter 1
    • Laws 1996, Seventh Special Session, Chapter 6
    • Laws 1998, Chapter 217
    • Laws 1999, Chapter 298
    • Laws 2000, Chapter 404
    • Laws 2001, Chapter 229
    • Laws 2005, Chapter 76
    • Laws 2007, Chapter 171 and Chapter 292
    • Laws 2008, Chapter 64
    • Laws 2011, Chapter 163
    • Laws 2014, Chapter 89
    • Laws 2021, Chapter 27

Governor Jack Williams address to the First Regular Session of the 30th Legislature, 1967. See 1967 Session Laws, at PDF p. 63

Executive Order 74-4

Arizona Department of Environmental Quality website

Master List of State Programs, 2015. Pages 370 – 375.

Arizona Auditor General Report on VEIP, December 2007. Report No. 07-12

Department of Environmental Quality Sunset Factors, Sunset Review, September 2013. Report No. 13-10

Arizona Auditor General Performance Audit & Sunset Review on VEIP, October 2015. Report No. 15-119

ADEQ report: 25 Years Protecting Arizona’s Environment History, July 2012.

Related Collections at Arizona State Archives

  • RG 1 – Governor’s Office: Governor Jack Williams
  • RG 50 – Arizona Department of Health Services
  • RG 53 – Arizona Department of Transportation
  • RG 147 – Arizona Department of Environmental Quality