The purpose of this rulemaking is to implement Idaho Code § 39-116B, which requires DEQ to enter into rulemaking to establish the minimum requirements for a vehicle emissions testing program when ambient air quality concentrations are at or above 85% of a national ambient air quality standard and motor vehicle emissions constitute one of the two top contributing sources to the concentrations.  These minimum requirements will assist affected local entities in determining whether to (1) enter into a joint powers agreement to implement the vehicle emissions testing program or (2) establish an alternative program in lieu of vehicle emissions testing.  If local entities do not choose either one of the two options, DEQ must implement the vehicle emissions program.

Cities, counties, and all citizens in areas required to implement vehicle emissions testing may be interested in commenting on this proposed rule.  After consideration of public comments, DEQ intends to present the final proposal to the Board of Environmental Quality at the October 2009 Board meeting for adoption as a pending rule. The rule is expected to be final and effective upon the adjournment of the 2010 legislative session if adopted by the Board and approved by the Legislature.