# MOTOR VEHICLE EMISSION INSPECTION

Chapter 173-422 WAC

Prepared by:

Washington State Department of Ecology Air Quality Program

Adopted: February 28, 1980 Last Amended: June 3, 2002

For your convenience, the Introduction lists documents related to this WAC.Disclaimer Notice: This document does not represent the official version of Motor Vehicle Emission Inspection (Chapter 173 -422 WAC). This document was produced from the official version of the regulation maintain ed by the Office of the Code Revi ser in a computer database. If there are any conflicts betw een the language contained in th is document and the language contained in the official versi on of the regulation maintained by the Office of the Code Reviser, the language contained in the official version shall govern.

### Introduction

Guidelines for reading Department of Ecology Rules

What is a WAC?

WAC stands for Washington Administrative Code

How do I read a WAC number?

173.213.050

At the bottom of each section there is a paragra ph explaining the Statutory History of the rule related to that particular section. This paragr aph explains what state laws provide the authority for the section to have been written. Both exis ting and repealed RCW’s will be included in this explanation. Below is an example of what this paragraph will look like. Statutory Authority: RCW 42.17.250. 98-16-052 (Order 98-12), § 173-03-010, filed 7/31/98, effective 8/31/98. Statutory Authority: RCW 43.17.060 and 42.17.260. 90-21-119 (Order 90-37), § 173-03-010, filed 10/23/90, effective 11/ 23/90. Statutory Authority: RCW 42.17.250 - 42.17.340. 78-02-041 (Order DE 77-35), § 173-03-010, filed 1/17/78.]

Sometimes a WAC will refer to the Revised Code of Washington (RCW).

What does RCW mean?

RCW stands for Revised Code of Washington

How do I read a RCW number?

34.05.110 “213” This number represents a chapter within a given title. (Written as Chapter 173.213 WA C ) “173” This is the Title number. Ecology rules are found under Titles 173, 508, 317 and 197. “050” This number represents a section within the chapter. (Written as WAC 173.213.050 )

“05” (Written as Chapter 34.05 RCW ) this number represents a chapter within a given title “34” This is the Title number. “110” (written as RCW 34.05.110 ) this number represents a section within the chapter.Related Documents:

RCWs related to Chapter 173-422 WAC:

* Chapter 70.94 RCW

* Chapter 70.120 RCW

* Chapter 46.70 RCW

* Chapter 46.16 RCW

* Chapter 43.21B RCW To view related RCWs on-line go to http://www.ecy.wa.gov/laws-rules/ecyrcw.html

WACs related to Chapter 173-422 WAC:

* Chapter 173-421 WAC To view related WACs on-line go to http://www.ecy.wa.gov/laws-rules/ecywac.html

To request paper copies of RCWs or WACs contact:

Department of Ecology Public Records PO Box 47600 Olympia, WA 98504-7600 (360) 407-6038

Other useful links:

Ecology Publications: http://www.ecy.wa.gov/biblio/0111016.html

To request paper copies of an Ecology Publication contact:

Washington State Department of Ecology Publications Distribution Office PO Box 47600 Olympia, WA 98504-7600 ( 360) 407-7472

Air Program web page: http://www.ecy.wa.gov/programs/air/airhome.htmlBackground

Chapter 173-422 WAC implements the Wash ington Clean Air Act, chapter 70.94 RCW, as supplemented by the motor vehicle emission inspection provisions codified as chapter 70.120 RCW. Gasoline motor vehicles are the primary emitters of carbon monoxide and emit significant quantities of hydrocarbons and oxides of nitrogen. Diesel motor vehicles are emitters primarily of particulates, hydrocarbons, and oxides of nitrogen.

Emission controls required by the federal government are designed to reduce motor vehicle related air pollution. Howe ver, the effectiveness of thes e controls is substantially reduced through deterioration, maladjustmen t and tampering. Motor vehicle emission inspection serves to identify high polluting ve hicles and vehicles with tampered or missing emission controls and to reduce thei r emissions, when such reduction can be accomplished at reasonable cost.

This chapter establishes the emission standa rds, testing procedur es, and associated activities necessary to implement a program of air pollution pr evention and control resulting from motor vehicle emission inspections.

The Most Recent Amendments:

The following is a list of the most recent amendments adopted to this chapter:

* An upgrade to emission testing procedures for diesel cars and light trucks.

* Clarification that all emission tests are valid for at least twelve months.

* An additional requirement that automotive repair business need to be able to check the on-board diagnostic system of 1996 and newer vehicles, if they wish to be on the list of shops given to owners of failed vehicles.

* Obsolete language was removed.Chapter173-422 WAC [ 1 ] Department of Ecology Chapter 173-422 WAC

MOTOR VEHICLE EMISSION INSPECTION Last Update: 11/1/00

WAC 173-422-010 Purpose...................................................................................................... .......1 WAC 173-422-020 Definitions.................................................................................................. ......2 WAC 173-422-030 Vehicle emissi on inspection requirement. .......................................................4 WAC 173-422-031 Vehicle emi ssion inspection schedules............................................................4 WAC 173-422-035 Regist ration requirements. ...............................................................................6 WAC 173-422-040 Noncompliance areas.......................................................................................6 WAC 173-422-050 Emission contributing areas.............................................................................6 WAC 173-422-060 Gasoline vehicle emission standards. ..............................................................8 WAC 173-422-065 Diesel vehicle exhaust emission standards. .....................................................11 WAC 173-422-070 Gasoline vehicle exha ust emission testing procedures. ...................................11 WAC 173-422-075 Diesel vehi cle inspection procedure. ...............................................................13 WAC 173-422-090 Exhaust gas analyzer specifications.................................................................13 WAC 173-422-095 Exhaust opacity testing equipment. .................................................................14 WAC 173-422-100 Testing equipment maintenance and calibration..............................................14 WAC 173-422-120 Quality assurance............................................................................................ .14 WAC 173-422-130 Inspection fees. ............................................................................................. ...15 WAC 173-422-145 Fraudulent certifi cates of compliance/acceptance. ..........................................15 WAC 173-422-160 Fleet and diesel ow ner vehicle testing requirements. ......................................16 WAC 173-422-170 Exemptions. .................................................................................................. ...17 WAC 173-422-175 Fraudulent exemptions.....................................................................................18 WAC 173-422-190 Emission sp ecialist authorization.....................................................................18 WAC 173-422-195 Listing of auth orized emission specialists. ......................................................20 Disposition of sections formerly codified in this chapter ..................................................................21

WAC 173-422-010 Purpose.

This chapter implements the Washington Clean Air Act, chapter 70.94 RCW, as supplemented by the motor vehicle emission in spection provisions codified as chapter 70.120 RCW. Gasoline motor vehicles are the primar y emitters of carbon monoxide and emit significant quantities of hydrocarbons and oxides of nitrogen. Diesel motor vehicles are emitters primarily of particulates, hydrocarbons, and oxi des of nitrogen. Emission cont rols required by the federal government are designed to reduce motor vehi cle related air pollution. However, the effectiveness of these controls is substantially reduced through deterioration, maladjustment and tampering. Motor vehicle emission inspection se rves to identify high polluting vehicles and vehicles with tampered or missing emission cont rols and to reduce their emissions, when such reduction can be accomplished at reasonable cost. These rules establish the emission standards, testing procedures, and associat ed activities necessary to implement a program of air pollution prevention and control resulting from motor vehicle emission inspections.Chapter173-422 WAC [ 2 ] Department of Ecology [Statutory Authority: Chapter 70.120 RCW. 93-10-062 (Order 91-46), § 173-422-010, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83- 31), § 173-422-010, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-010, filed 2/28/80.]

WAC 173-422-020 Definitions.

Unless a different meaning is clearly indicated by context, the following definitions will apply:

(1) "Appropriate repair" means the diagnosis of the cause(s) of an emission test failure and the repair of one or more of these cause s. An appropriate repair should reduce at least one emission test reading.

(2) "Certificate of acceptance" means an offici al form, issued by someone authorized by the department, which certifies that th e following conditions have been met:

(a) The vehicle failed an emission inspection; and

(b) The vehicle failed a reinspection; and

(c) The vehicle has been in use for more than five years or fifty thousand miles; and

(d) All primary emission control components installed by the vehicle manufacturer, or its appropr iate replacement, are installed and operative; and

(e) The recipient has provide d original receipts listing and providing the cost of each appropriate repair performed by an authorized emissi on specialist between the initial and last inspection; and

(f) The total cost of the appropriate repairs must equal or exceed:

Pre-1981 vehicles $100

1981 and newer $150

If needed to prevent federal sanctions, the minimum total cost of appropriate repairs required to obtain a certificate of acceptance may be increased to four hundred fifty dollars.

Before increasing the repair cost requ irement ecology shall evaluate ways to alleviate the economic hardships resulting from vehicle repair costs incurred by vehicle owners in an effort to comply with this regulation.Chapter173-422 WAC [ 3 ] Department of Ecology (3) "Certificate of compliance " means an official form, i ssued by someone authorized by the department, which certifies that the re cipient's vehicle on in spection complied with applicable emission inspection standards.

(4) "Authorized emission speci alist" means an individual who has been issued a certificate of instruction by the department as authori zed in RCW 70.120.020 (2)(a) and has maintained the certification by m eeting requirements of WAC 173-422-190(2).

(5) "Dealer" means a motor ve hicle dealer, as defined in chapter 46.70 RCW as amended, that is licensed pursuant to chapter 46.70 RCW.

(6) "Department" means the department of ecology.

(7) "Emission contributing area" means a land area within whose boundaries are registered motor vehicles that contribute significantly to th e violation of motor vehicle related air quality standards in a noncompliance area.

(8) "Fleet" means a group of fifteen or more mo tor vehicles owned or leased concurrently by one owner assigned a fleet identifie r code by the department of licensing.

(9) "Gross vehicle weight rating (GVWR)" m eans the manufacturer st ated gross vehicle weight rating.

(10) "Motor vehicle" means a ny self-propelled vehicle require d to be licensed pursuant to chapter 46.16 RCW.

(11) "Noncompliance area" means a land area within whose boundari es any air quality standard for any air contaminant from the em issions of motor vehicles will probably be exceeded.

(12) "PPM" means parts per million by volume.

(13) "Primary emission control component s" means the components of the vehicle installed by the manufacturer fo r the purpose of reducing emissi ons or its replacement or modification which is acceptable to the Unite d States Environmental Protection Agency. These components are the fuel inlet restrictor , the catalytic converter or thermal reactor, the air injection system components, the th ermostatic air cleaner, the exhaust gas recirculation system components, the evapor ative emission system components including the gas cap, the positive crankcase ventilati on system components and the electronic control unit components that control the air/ fuel mixture and/or ignition timing including all related sensors. The primary emission control components of a vehicle with a differe nt engine than the engine originally installed shall be an Environmental Protection Agency certified engine/emission control combination for that vehicle or its newer model.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-020, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-020, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-Chapter173-422 WAC [ 4 ] Department of Ecology 422-020, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-020, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422- 020, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173- 422-020, filed 2/28/80.]

WAC 173-422-030 Vehicle emission inspection requirement.

All motor vehicles, not specifically exempt ed by WAC 173-422-170, which are registered or reregistered within the boundari es of an emission contributing area, as specified in WAC 173- 422-050, are subject to the vehicle emission inspecti on requirements of this chapter. In addition, the department may require an emission inspection of a motor vehicle, except military tactical vehicles, operated for more than sixty days a ye ar on a federal installation located within an emission contributing area, or a vehicle garaged at a location within an emission contributing area, or a vehicle which has previously passed an emission inspection but has been identified using on road testing as likely to no longer comp ly with the inspection st andards. Neither the department of licensing nor its agents may change the registered owner or may issue or renew a motor vehicle license for any vehicle registered in an emission contributing area, as that area is established under RCW 70.120.150, unless the applica tion for issuance or renewal is: (1) Accompanied by a valid certificate of co mpliance issued pursuant to RCW 70.120.080 or 70.120.170 or a valid certificate of acceptance issued pursuant to RCW 70.120.070; or (2) exempted from this requirement pursuant to RCW 46.16.015(2). The certificates must have a date of validation which is within six months of the date of a pplication for the vehicle license, license renewal or registered owner change. Howe ver, (a) an emission inspection used to change the registered owner may also be used to rene w the current license; (b) an emission inspection used to obtain the current license may also be used to change the registered owner. Certificates for fleet or owner tested vehicles may have a date of validation which is within twelve months of the assigned license renewal date.

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-030, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-030, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173- 422-030, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-030, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-030, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79- 35), § 173-422-030, filed 2/28/80.]

WAC 173-422-031 Vehicle emission inspection schedules.

(1) Vehicles five through tw enty-five years old, other than state and local government vehicles, shall be inspected every other year as described in the ta ble below. This does not apply to vehicles that ha ve already been inspected dur ing the current licensing period due to a change of ownership.

Year Model Year of Vehicles Needing Inspection 2000 1976, 1978, 1980, 1982, 1984, 1986,Chapter173-422 WAC [ 5 ] Department of Ecology 1988, 1990, 1992, 1994 2001 1977, 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996 2002 1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997 2003 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998 2004 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999 2005 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000 2006 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001 2007 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002 2008 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003 2009 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004 2010 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005

(2) State and local government vehicles fi ve through twenty-five years old shall be inspected yearly as described in the table below.

Year Model Year of Vehicles Needing Inspection 2000 1975 through 1995 2001 1976 through 1996 2002 1977 through 1997 2003 1978 through 1998 2004 1979 through 1999 2005 1980 through 2000 2006 1981 through 2001 2007 1982 through 2002 2008 1983 through 2003 2009 1984 through 2004 2010 1985 through 2005

[Statutory Authority: RCW 70.120.120. 00-22-120 (Order 00-15), § 173-422-031, filed 11/1/00, effective 12/2/00.]Chapter173-422 WAC [ 6 ] Department of Ecology WAC 173-422-035 Registration requirements.
(1) Persons residing in emission contribut ing areas as defined under WAC 173-422-050 shall register their motor vehicles within that area.

(2) Any person who violates this section shall reregister th eir motor vehicle within the emission contributing area, obtai n a certificate of compliance or acceptance within thirty days, and is subject to a civil penalty not to exceed two hundred fifty dollars for each violation.

(3) Any civil penalty imposed by the departme nt hereunder shall be appealable to the pollution control hearings board as provided for in chapter 43.21B RCW.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-035, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-035, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-035, filed 3/6/90, effective 4/6/90.]

WAC 173-422-040 Noncompliance areas.
The following areas are designated noncompliance areas for the air contaminants specified: Carbon monoxide

(1) The city of Seattle.

(2) The city of Bellevue.

(3) The city of Spokane.

(4) The city of Tacoma.

(5) The city of Vancouver.

(6) The city of Everett.

[Statutory Authority: Chapter 70.120 RCW. 93-10-062 (Order 91-46), § 173-422-040, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-040, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Ord er DE 83-31), § 173-422-040, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-040, filed 12/31/81; 80- 03-070 (Order DE 79-35), § 173-422-040, filed 2/28/80.]

WAC 173-422-050 Emission contributing areas.Chapter173-422 WAC [ 7 ] Department of Ecology Emission contributing areas within which the motor vehicle emission inspection program applies are designated by the following United States Po stal Service ZIP codes as of September 1, 1994, set forth below:

(1) Puget Sound Region

98001 98036 98083 98002 98037 98092 98003 98038 98093 98004 98039 98101 thru 98199 98005 98040 inclusive except 98110 98006 98041 98201 thru 98208 98007 98042 98258 98008 98043 98270 98009 98046 98271 98011 98047 98275 98012 98052 98290 98015 98053 98291 98020 98054 98327 98021 98055 98332 98023 98056 98335 98025 98057 98338 98026 98058 98344 98027 98059 98352 98028 98062 98354 98031 98063 98371 thru 98374 98032 98064 98387 98033 98071 98388 98034 98072 98390 98035 98073 98401 thru 98499

(2) Spokane Region

99001 99005 99014 99016 99019 99021 99025 99027 99037 99201 thru 99299

(3) Vancouver RegionChapter173-422 WAC [ 8 ] Department of Ecology 98604 except north of N.E. 279th Street 98606 98607 98629 except east of N.E. 50th Avenue 98642 98660 thru 98668 98671 except Skamania County 98682-86

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-050, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-050, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-050, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-050, filed 5/3/93, effective 6/3/93; 84-09-087 (Order DE 84-7), § 173-422-050, filed 4/18/84. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-050, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-050, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-050, filed 2/28/80.]

WAC 173-422-060 Gasoline vehicle emission standards.

Gasoline motor vehicles subject to this chapter shall:

(1) When tested using the exhaust emission testing procedures described in (II) Two Speed Idle Test or (III) Loaded Test of Appendix B Test Procedures of Subpart SInspection/Maintenance Program Requirements of Part 51 of Chapter 1, Title 40 of the Code of Federal Regulations adopted Nove mber 1, 1992, meet the applicable exhaust emission standards from the following table du ring both the idle and higher speed mode prior to receiving a certificate of compliance.

(2) When tested using the acceleration simu lation mode (ASM) procedure specified in WAC 173-422-070 meet the following standards during that mode and the applicable standard from WAC 173-422-060( 1) during the idle mode to receive a certificate of compliance. ASM testing will not start in a region until ecology has considered all comments on the need for ASM testing obtained at a public hearing held in that region.

Compliance with the NOx standards will not be required of vehicles tested in a region until the following conditions are met:

(a) Ecology has determined that a reducti on of NOx emissions in that region will assist in attaining or maintaining the national air quality st andard for ozone.

(b) Ecology has considered all comments re ceived at a public hearing held in that region.

(c) For at least twenty-four months prior, the vehicle emission test reports have included the NOx reading.Chapter173-422 WAC [ 9 ] Department of Ecology ASM Mode Exhaust Emission Standards

Model Year Test Weight (lbs.) CO(%)

. * HC(ppm) NOx(ppm)

. *

1968-1974 cars and trucks (0-8500 lbs. GVWR)

1750 7.3 690 None
1875 6.8 650
2000 6.5 620
2125 6.1 580
2250 5.8 550
2375 5.5 520
2500 5.2 500
2625 5.0 470
2750 4.7 450
2875 4.5 430
3000 4.3 410
3125 4.2 400
3250 4.0 400
3375 3.9 400
3500 3.7 400
3635 3.6 400 cars 3750 & greater3.5 400 trucks 3750 & greater 4.0 500

1975-1980 cars and trucks (0-8500 lbs. GVWR)

1750 4.2 400 None
1875 4.0 380
2000 3.8 350
2125 3.6 340
2250 3.4 320
2375 3.2 300
2500 3.0 290
2625 2.9 270
2750 2.8 260
2875 2.7 250
3000 2.6 240
3125 2.5 230Chapter173-422 WAC [ 10 ] Department of Ecology Model Year Test Weight (lbs.) CO(%)

. * HC(ppm) NOx(ppm)

. *

3250 2.4 220
3375 2.3 220
3500 2.2 210
3625 2.1 200 cars 3750 & greater2.1 200 trucks 3750 & greater 2.5 300

1981 & newer cars and trucks (0-8500 lbs. GVWR)

1750 1.8 250 1500
1875 1.7 240 1500
2000 1.6 220 1500
2125 1.5 210 1500
2250 1.5 200 1500
2375 1.4 190 1500
2500 1.3 180 1500
2625 1.3 180 1500
2750 1.2 170 1500
2875 1.2 160 1500
3000 1.1 160 1500
3125 1.1 150 1500
3250 1.0 150 1500
3375 1.0 150 1500
3500 1.0 150 1500
3625 1.0 150 1500 cars 3750 & greater1.0 150 1500 trucks 3750 & greater 1.5 200 2000

*The concentration of the gases, carbon monoxide (CO) and hydrocarbons (HC), oxides of nitrogen (NOx) measured as either a percentage (%) or parts per million (ppm) of the exhaust volume.
(3) If a 1971 or newer model ye ar vehicle, the gasoline filler cap must not leak more than 60 cubic centimeters per minute at a pressure of 30 inches of wate r. Gas cap checking will not start in a region until ecology has considered all comments on the need for gas cap checking obtained at a public hearing held in that region.

(4) If a 1996 or newer model vehicle is equipped with an Environmental Protection Agency certified on-board diagnostic (OBD) sy stem, the information stored in the on-Chapter173-422 WAC [ 11 ] Department of Ecology board computer must indicate that all emi ssion-related functional checks have been completed and no malfunctions detected.

Exhaust Emission Standards

Model Year CO(%)

. * HC (ppm)

. *
68-74 6.0 900
75-80 3.0 600 81-99 (0-8500 GVWR) 1.2 220

81-99 (Greater than 8500 GVWR) 3.0 400

*The concentration of the gases, carbon monoxide (CO) and hydrocarbons (HC), measured as either a percentage (%) or parts per million (ppm) of the
exhaust volume.

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-060, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-060, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173- 422-060, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-060, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422- 060, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173- 422-060, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-060, filed 2/28/80.]

WAC 173-422-065 Diesel vehicle exhaust emission standards.

Diesel motor vehicles subject to this chapter sh all meet the following opacity standards using the test procedures specified in WAC 173-422-075.

Model Year Opacity (%)
1968 - 1973 70
1974 - 1991 60 1992 and later 40

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-065, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-065, filed 5/3/93, effective 6/3/93.]

WAC 173-422-070 Gasoline vehicle exhaust emissi on testing procedures.
All persons certified by, or under contract to, the department to conduct motor vehicle emission inspections shall use the exhaust emission testin g procedures described in (II) Two Speed IdleChapter173-422 WAC [ 12 ] Department of Ecology Test; or (III) Loaded Test of Appendix B-Test Procedures of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, except that the de partment may require that the following Acceleration Simulation Mode (ASM) test procedure replace the cruise mode of the loaded test. Equivalent procedures may be approved by the department.

Variations to the procedures sp ecified may be established by the department for all or certain vehicles. Vehicles, not repair ed as required by an emission r ecall for which owner notification was attempted after January 1, 1995, shall not be inspected until complian ce with the recall is established.

Acceleration Simulation Mode (ASM)

1. Dynamometer Load : Set dynamometer horsepower load equal to [Vehicle Weight (lbs.)

. + 300]/300. An Environmental Protection Agency specified loading may also be used.
2. Vehicle Gear Selection: Vehicles with automatic transmissions use Drive (not Overdrive), vehicles with manual tran smissions use second gear unless the engine speed exceeds 2500 revolutions per minute (measured by the vehicle's tachometer or by an evaluation of the vehicle's sound) then use third gear.
3. Vehicle Speed : Set vehicle speed at 25 miles per hour (mph) 1.5± mph.
4. Pass or Fail Determinations : Once the vehicle has b een operating at 25 mph for 15 seconds, begin measuring exhaust HC, CO, CO2, and NOx each second. The reading for pass or fail determina tions is the running average of five measurements. When a final pass or fail determination is made, this mode will be stopped and the final readings recorded.
5. Fast Pass (HC, CO): When NOx is not measure d, the vehicle will pass after 15 or more seconds of measurements if: Both HC and CO readings are passing, and three successive one second measuremen ts are equal to or less than the HC and CO standards and are within 20 ppm HC and 0.20% CO of each other.
6. Fast Pass (HC, CO, NOx ): When NOx is measured, the vehicle will pass after 45 or more seconds of measurements if the HC, CO and NOx readings are equal to or less than the standards.
7. Fast Fail : The vehicle will fail after 15 or more seconds of measurements when: HC reading exceeds 1800 ppm, or the CO reading exceeds 9.0 percent.
8. Full Term Pass/Fail : The vehicle will pass or fail after 90 seconds of measurements unless emission readings are de clining at a rate that indicates that failing vehicle will pass within the next 30 seconds. Then up to an additional 30 seconds of measurements will be taken before the vehicle fails.

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-070, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173- 422-070, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-070, filed 2/8/94, effec tive 3/11/94; 93-10-062 (Order 91-46), § 173-422-070, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422- 070, filed 3/6/90, effective 4/6/90. StatutoryChapter173-422 WAC [ 13 ] Department of Ecology Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-070, filed 11/23/83, effective 1/2/84. Stat utory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-070, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-070, filed 2/28/80.]

NOTES: Reviser's note: The brackets and enclosed material in the text of th e above section occurred in the copy filed by the
agency.

WAC 173-422-075 Diesel vehicle inspection procedure.

Diesel vehicles shall be tested using the following procedure:

(1) With the transmission in neutral, move the accelerator pedal from normal idle as rapidly as possible to the full power positi on, and hold in this position until the speed governor limits the engine speed or the engi ne might exceed the maximum speed allowed by the vehicle manufacturer.

(2) Fully release the acceler ator pedal so the engine decelerates to normal idle.

(3) Measure the smoke opacity with an op acity meter which meets the requirements specified in WAC 173-422-095 c ontinuously during the test.

(4) Record the peak opacity reading.

(5) Repeat the previous steps up to ten times if necessary to obtain a peak opacity reading and two peak readings immediatel y following it that are equal to or less than the standard established in WAC 173-422-065.

[Statutory Authority: Chapter 70.120 RCW. 94-05-039 (Order 93-10), § 173-422-075, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-075, filed 5/3/93, effective 6/3/93.]

WAC 173-422-090 Exhaust gas analyzer specifications.

Only exhaust gas analyzers mee ting the specifications containe d in (I) Steady-State Exhaust Analysis System of Appendix D-Steady-St ate Short Test Equipment of Subpart SInspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, at th e time of certif ication testing may be used for certification testing, unless eq uivalent specifications have b een approved by the department.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-090, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-090, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-090, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23- 115 (Order DE 83-31), § 173-422-090, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82- 02-027 (Order DE 81-32), § 173-422-090, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-090, filed 2/28/80.]Chapter173-422 WAC [ 14 ] Department of Ecology WAC 173-422-095 Exhaust opacity testing equipment.

The exhaust opacity measurement shall be condu cted using an opacity meter approved by the department.

The opacity meter shall:

(1) Automatically calibrates itself before each test.

(2) Provide for continuous measurement of e xhaust opacity unaffected by rain or wind.

[Statutory Authority: Chapter 70.120 RCW. 94-05-039 (Order 93-10), § 173-422-095, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-095, filed 5/3/93, effective 6/3/93.]

WAC 173-422-100 Testing equipment maintenance and calibration.

(1) Unless alternative procedures have been approved or required by the department all equipment used in the inspection shall be calibrated and maintained according to the manufacturer's specifications and recommendations. Comple te logs as approved by the department shall be kept for ma intenance, repair, and calibration.

(2) The procedures for equipment maintenan ce and calibration procedures described in (I) Steady-State Test Equipment of Appendix A-Calibrations, Adjustments and Quality Control of Subpart S-Inspection/Maintenan ce Program Requirements of Part 51 of chapter 1, Title 40 of the C ode of Federal Regulations adopted November 1, 1992, shall be followed by all testing facilities unless eq uivalent procedures have been approved by the department.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-100, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-100, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-100, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23- 115 (Order DE 83-31), § 173-422-100, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82- 02-027 (Order DE 81-32), § 173-422-100, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-100, filed 2/28/80.]

WAC 173-422-120 Quality assurance.

The department, or its designee, may monito r the operation of each authorized emission inspection/certification facility with unidentified or unannoun ced and unscheduled inspections to check the calibration and maintena nce of the exhaust analyzers, test procedures, and records.Chapter173-422 WAC [ 15 ] Department of Ecology The department (or its designee) may imme diately require the suspension of vehicle inspections/certifications in all or part by the inspection/certification facility if violations of this chapter are found during an aud it of the inspection facility.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-120, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-120, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-120, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-120, filed 2/28/80.]

WAC 173-422-130 Inspection fees.

At an inspection facility operated under contract to the state, the fee for the first emission inspection on each vehicle applicable to a vehicle license year shall be fifteen or less dollars. If the vehicle fails, one reinspection will be provi ded free of charge at any inspection station operated under contract to the st ate, provided that the reinspecti on is applicable to the same vehicle license year. Any additi onal reinspection of a failed ve hicle applicable to the same vehicle license year will require the payment of fifteen or less dollars.

[Statutory Authority: RCW 70.120.080, 70.120.170 (4)(a), 46.16.015 (2)(h) and 70.120.120. 99-24-021 (Order 99- 19), § 173-422-130, filed 11/22/99, effective 12/31/99. Statutory Authority: Chapter 70.120 RCW. 94-05-039 (Order 93-10), § 173-422-130, filed 2/8/94, effective 3/11/94. Statutory Authority: RCW 70.120.170 (4)(a). 93-20- 010 (Order 93-15), § 173-422-130, filed 9/22/93, effective 10/23/93. Statutory Authority: Chapter 70.120 RCW. 93-10-062 (Order 91-46), § 173-422-130, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-130, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.040(7). 87-02-051 (Order DE 86-32), § 173-422-130, filed 1/7/87, effective 4/1/87. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-130, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-130, filed 2/28/80.]

WAC 173-422-145 Fraudulent certificates of compliance/acceptance.

(1) (a) Obtaining or attempting to obtain a certificate of complia nce by (i) providing false information or (ii) any fraudulent means; or (b) Obtaining or attempting to obtain a certificate of accepta nce (i) through the use of receipts or other documentation c ontaining false information, or (ii) any fraudulent means shall be construed as a violation of these rules implementing chapter 70.94 RCW as supplemented by chapter 70.120 RCW. (2) Any person who commits such violation or who aids or abets another in committing the same shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation. (3) For the purposes of this section the term "e xpended" refers to the net actual cost to the vehicle owner in the purchase of repairs or parts derived after the amount of any rebate, discount or cash-return has been subtracted. (4) Any civil penalty imposed by the depart ment hereunder shall be appealable to the pollution control hearing board as pr ovided for in chapter 43.21B RCW.Chapter173-422 WAC [ 16 ] Department of Ecology [Statutory Authority: Chapter 70.120 RCW. 90-06-062, § 173-422-145, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422- 145, filed 11/23/83, effective 1/2/84.]

WAC 173-422-160 Fleet and diesel owner vehicl e testing requirements.

The department may authorize emission inspec tions by fleet operators including government agencies and the owners of diesel motor vehicles with a gross vehicle weight rating in excess of 8500 pounds or by an automotive service or testi ng facility engaged by the vehicle owner for such activity. Authorizations to conduct emi ssion tests and issue certificates of compliance under this section are limited to au thorized fleet vehicles or diesel vehicles with a gross vehicle weight rating in excess of 8500 pounds.

(1) All persons engaged in testing of gasoline fleet or diesel vehicles must comply with all applicable provisions of this chapte r except as approved by the department.

(2) All persons conducting tests for the purpose of issuing certificates for fleet or diesel vehicles shall be ecology au thorized emission specialists.

(3) Legibly completed forms will constitute certificates of compliance for licensing purposes. Any person conducting testing unde r this section sha ll forward to the department within ten working days af ter the end of each month, a copy of each certificate of compliance issued during that month. Copies of each certificate of compliance shall be retained by the person issuing the certificate for at least two years from date of issuance. Alternative arra ngements for providing and or storing this information using automated data storage de vices may be approved or required by the department.

Forms must be purchased from the departme nt in advance of issuance through payment of fifteen or less dollars to the department for each certificate requested. Refunds or credit may be given for unused certifi cates returned to the department.

Payment for fleet forms is waived fo r state and local government fleets.

Test forms provided under this se ction are official documents. Persons receiving the forms from the depart ment are accountable for each form provided.

Voided forms must be handled the same as cer tificates of compliance. One copy shall be sent to the department within ten days afte r the end of the month in which the form was voided and one copy shall be retained by the person accountable for the forms for at least two years after date of voiding. Refunds will not be made for voided forms.

(4) All persons authorized to conduct fleet or government vehicle inspections under this section shall be subject to performance audits and compliance inspections by the department, during normal business hours.Chapter173-422 WAC [ 17 ] Department of Ecology (5) Fleet vehicles may be inspected any tim e between their scheduled license renewals.

(6) Certificates of acceptance may not be issued under this section.

[Statutory Authority: RCW 70.120.080, 70.120.170 (4)(a), 46.16.015 (2)(h) and 70.120.120. 99-24-021 (Order 99- 19), § 173-422-160, filed 11/22/99, effective 12/31/99. Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-160, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-160, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-160, filed 5/3/93, effective 6/3/93; 90-06-062, § 173- 422-160, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-160, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-160, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-160, filed 2/28/80.]

WAC 173-422-170 Exemptions.
The following motor vehicles are exem pt from the inspection requirement:

(1) Vehicles proportionally register ed pursuant to chapter 46.85 RCW.

(2) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale; this does not exempt motor vehicles that are or have been leased.

(3) Motor vehicles that use propulsion units powered exclusively by electricity.

(4) Motor-driven cycles as define d in chapter 46.04 RCW as amended.

(5) Farm vehicles as defined in chapter 46.04 RCW as amended.

(6) Vehicles not required to be licensed.

(7) Mopeds as defined in chapter 46.04 RCW as amended.

(8) Vehicles garaged and operated ou t of the emission contributing area.

(9) Vehicles registered with th e state but not for highway use.

(10) Used vehicles at the time of sale by a Washington licensed motor vehicle dealer.

(11) Motor vehicles fueled by propane, compressed natural ga s, or liquid petroleum gas and so registered by the department of licensing.

(12) Motor vehicles whose ma nufacturer or engine manuf acturer provides information that the vehicle cannot meet emission sta ndards because of its design. In lieu of exempting these vehicles, alternative standa rds and or inspection procedures may be established.Chapter173-422 WAC [ 18 ] Department of Ecology (13) Motor vehicles whose re gistered ownership is being transferred between parents, siblings, grandparents, grandchildren, spouse or present co-owners and all transfers to the legal owner or a public agency.

(14) Vehicles less than five years old.

(15) Vehicles more than twenty-five years old.

[Statutory Authority: RCW 70.120.120. 00-22-120 (Order 00-15), § 173-422-170, filed 11/1/00, effective 12/2/00. Statutory Authority: RCW 70.120.080, 70.120.170 (4)(a), 46.16.015 (2)(h) and 70.120.120. 99-24-021 (Order 99- 19), § 173-422-170, filed 11/22/99, effective 12/31/99. Statutory Authority: Chapter 70.120 RCW. 96-23-030 (Order 96-11), § 173-422-170, filed 11/15/96, effective 12/16/96; 96-21-029 (Order 95-11), § 173-422-170, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-170, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-170, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-170, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-170, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Ord er DE 83-31), § 173-422-170, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-170, filed 12/31/81; 80- 03-070 (Order DE 79-35), § 173-422-170, filed 2/28/80.]
WAC 173-422-175 Fraudulent exemptions.

(1) Obtaining or attempting to obtain an exemption from emission inspection requirements by false statements, or failure to comply with the exemption procedures established to implement WAC 173-422-170, shall be construed as a violation of these rules implementing chapter 70.94 RCW as supplemented by chapter 70.120 RCW.

(2) Any person who commits such violation or who aids or abets another in committing the same shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation.

(3) Any civil penalty imposed by the departme nt hereunder shall be appealable to the pollution control board as provided for in chapter 43.21B RCW.

[Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-175, filed 11/23/83, effective 1/2/84.]

WAC 173-422-190 Emission specialist authorization.
(1) To become an authorized emission specialist an individual shall:

(a) Pass a course of study, approved by the department; and

(b) Agree in writing to meet the requiremen ts of subsection (2) of this section and all requirements of law or regulation regarding the serving of motor vehicle emission control systems or the motor vehicle emission inspection program.Chapter173-422 WAC [ 19 ] Department of Ecology (2) To maintain certification, an authorized emission specialist shall:

(a) Successfully complete a departme nt-approved course on emission repair within ninety days of being required to do so by the department unless an extension has been granted in writing by the department; and

(b) Sign, including the specia list identification number , all receipts and other forms required by the department for emi ssion repairs or adjustments performed. These receipts must be prenumbered, pr eprinted with the business's name and address and clearly itemize all appropriat e repairs performed by the specialist; and

(c) Record on all receipts:

(i) The vehicle's emission readi ngs after appropriate repairs; and

(ii) A vehicle description includi ng the license number and vehicle identification number (VIN); and

(iii) Any missing or inoperative pr imary emission control components; and

(iv) Any further recomme nded appropriate repairs; and

(d) Not tamper with emission control sy stems, including adju sting an engine outside of the manufacturer's speci fications (chapter 173-421 WAC); and

(e) Not obtain or attempt to obtain a cert ificate of complian ce, a certificate of acceptance (repair waiver) or an exemp tion from the inspection requirements by providing false information or by any fraudulent means (chapter 173-422 WAC); and

(f) Not aid or abet any individual in committing a violation of chapter 173-421 or 173-422 WAC.

(3) The certification of an authorized em ission specialist may be revoked for a first violation of chapter 173-421 WAC or WAC 173-422-145, for a period of no more than one year, and may be permanently revoked fo r a second violation of chapter 173-421 or 173-422 WAC.

The certification of an authorized emission specialist may be te mporarily revoked for violation of subsection (2) of this section and may be permanently revoked for continued willful violation of subsec tion (2) of this section.

An authorized emission specialist whose certification is revo ked permanently or temporarily may appeal to the pollution cont rol hearings board as provided for in RCW 43.21B.310.Chapter173-422 WAC [ 20 ] Department of Ecology (4) An authorized emission specialist whos e certification has been temporarily revoked may reapply for certification tw elve months after the date of revocation by applying to the department and meeting all requirements of subsection (1) of this section. An application for certification by a permanently revoked authorized emission specialist will be denied.

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-190, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-190, filed 2/28/95, effective 3/31/95; 90-06-062, § 173-422-190, filed 3/6/90, effective 4/6/90.]

WAC 173-422-195 Listing of authorized emission specialists.

(1) A list of authorized emission specialists will be available to the public. Specialists will be listed under one employer's business name when the business is approved for listing. The list will be updated by the depa rtment at least once every six months.

(2) The employer's business name and address will be listed by the department, when the employer agrees in writing to:

(a) Require the use of a properly mainta ined and correctly calibrated exhaust analyzer as a final check for emission repairs or adjustments;

(b) Have all emission repairs or adjustme nts performed by an authorized emission specialist;

(c) Require the authorized emission specialist to sign the customer's receipt for emission repairs or adjustments, and to record the vehicle's emission readings on the receipt after the work is completed;

(d) Require that all employees not aid or abet any person to tamper with emission control systems, including adjusting a vehicle outside of the manufacturer's specifications (chapter 173-421 WAC); and

(e) Require that all employees not aid or abet any person to obtain a fraudulent certificate of compliance, certificate of acceptance or an exemption from the inspection requirement (repair wa iver) (chapter 173-422 WAC ).

(f) Notify the department when an authori zed emission specialist begins or ends employment.

(3) An employer may be removed from the auth orized emission specialist list for a first violation of chapter 173-421 or 173-422 WAC for a period of no more than one year and may be permanently removed after a sec ond violation of chapter 173-421 or 173-422 WAC.Chapter173-422 WAC [ 21 ] Department of Ecology An employer may be temporarily removed from the authorized emission specialist list when failing to comply with the requirements of subsection (2) of this section and may be permanently revoked for continued and willful vi olation of subsection (2) of this section.

(4) An employer who has been temporarily removed from the authorized emission specialist list may reapply for listing twelve months after the date of removal from the listing by applying to the department and mee ting all requirements of subsection (2) of this section. An applicati on for listing from an employer permanently removed from the authorized emission specialist list will be denied.

(5) An employer who is removed from an aut horized emission specialist list or denied listing in an authorized emission specialis t list may appeal to the pollution control hearings board as prov ided for in RCW 43.21B.310.

(6) (a) An employer approved for listing ma y display the "state authorized emission specialist" sign available from the depa rtment. Any employer advertising or providing of information to the public base d on the department's certification of an authorized emission specialist must be discontinued immediately when the employer no longer meets the requirements.

(b) An employer violating (a) of this subs ection shall be subject to a civil penalty not to exceed two hundred fift y dollars for each violation.

(c) A civil penalty imposed by the departme nt may be appealed to the pollution control hearings board as provided for in RCW 43.21B.310.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-195, filed 2/28/95, effective 3/31/95; 90-06-062, § 173-422-195, filed 3/6/90, effective 4/6/90.]

Disposition of sections former ly codified in this chapter

173-422-080 Vehicle inspection data handling procedures. [Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-080, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE-81-32), § 173-422-080, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-080, filed 2/28/80.] Repealed by 93-10-062 (Order 91-46), filed 5/3/93, effective 6/3/93. Statutory Authority: Chapter 70.120 RCW.
173-422-110 Date system requirements. [Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-110, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-110, filed 2/28/80.] Repealed by 93-10-062 (Order 91-46), filed 5/3/93, effective 6/3/93. Statutory Authority: Chapter 70.120 RCW.
173-422-140 Inspection forms and certificates . [Statutory Authority: Chapter 70.120 RCW. 93-10-062 (Order 91-46), § 173-422-140, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-140, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-140, filed 11/23/83, effective 1/2/84.Chapter173-422 WAC [ 22 ] Department of Ecology Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-140, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-140, filed 2/28/80.] Repealed by 94-05-039 (Order 93-10), filed 2/8/94, effective 3/11/94. Statutory Authority: Chapter 70.120 RCW.
173-422-150 Inspection personnel requirements . [Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-150, filed 2/28/80.] Repealed by 93-10-062 (Order 91-46), filed 5/3/93, effective 6/3/93. Statutory Authority: Chapter 70.120 RCW.
173-422-180 Air quality standards. [Statutory Authority: RCW 70.120. 120. 80-03-070 (Order DE 79-35), § 173-422-180, filed 2/28/80.] Repealed by 93-10-062 (Order 91-46), filed 5/3/93, effective 6/3/93. Statutory Authority: Chapter 70.120 RCW.