Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 1 Alaska Administrative Code Titl e 18 Environmental Conservation, Chapter 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

18 AAC 52 Article 1. Emissions Inspect ion and Maintenance Requirements

18 AAC 52.005. APPLICABILITY AND GENERAL REQUIREMENTS.

(a) Subject to the other provisions of this section, includi ng the exemptions set out in (f) of this section, the maintenance requireme nts of 18 AAC 52.015(a) apply to

(1) a motorist; and

(2) a person engaged in the busin ess of maintaining, repairing, or otherwise servicing emissions control systems.

(b) The requirements of (c) of this section apply to a

(1) a motorist who resides in an inspection a nd maintenance (I/M) area identified in (g) of this section;

(2) a motorist whose motor vehicle is principa lly located or operated in an I/M area;

(3) a motorist who commutes into the Municipality of Anchorage I/M area;

(4) a motorist who attends school at the Univer sity of Alaska within the Fairbanks North Star Borough I/M program area; and

(5) a motorist described in (1)-(4) of this subs ection whose motor vehicle is located within an I/M area on a public right-of- way, public land, or on comme rcial premises such as a parking lot that is open to the public.

(c) In addition to the requirements of (a) of this section,

(1) a motorist described in (b) of this section shall

(A) have that motorist’s motor vehicle insp ected every two years as required by this chapter unless

(i) the requirement is waiv ed under 18 AAC 52.060; or

(ii) the vehicle is a model year (MY) 2004 or newer; if the vehicle is a model year 2004 of newer, the vehicle's first inspection is due when the current calendar yearAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 2 equals the vehicle model year plus four years; subsequent inspections are due every two years after the year the vehicle's first inspection is due;

(B) have one of the following types of wi ndshield stickers permanently affixed to

the vehicle’s windshield:

(i) certificate of inspection;

(ii) seasonal waiver;

(iii) new vehicle;

(iv) diesel exemption;

(C) comply with the maintenance practices for the motor vehicle emissions control system to reduce air pollution required by 18 AAC 52.015(b) and any additional emissions-related maintenance practices recommended by the manufacturer; and

(D) have the emission-related vehicl e repairs required by 18 AAC 52.065 performed and, if the repairs are to be appl ied to the repair cost minimum, ensure that the repairs are made by a certified mechanic;

(2) a motorist described in (b)(l) of this section and a motorist described in (b)(2) of this

section shall obtain a certificat e of inspection as required und er (1) of this section by having the vehicle inspected within 90 days before registration is due under AS 28.10.108;

(3) a motorist described in (b)(3) of this se ction shall have the vehicle inspected before commuting into the Municipality of Anchorag e I/M area and every two years thereafter.

(4) a motorist described in (b)(4) of this se ction shall have the vehicle inspected before attending the University of Alaska within the Fairbanks North Star Borough I/M program area and every two years thereafter for as long as the motorist attend s the University of

Alaska within the Fairbanks Nort h Star Borough I/M program area.

(d) Except for a vehicle described in (f) of this section, the motorist of a vehicle registered in another state shall obtain a certificate of inspection within 30 days after

(1) a change in the motorist’s residence from a non-I/M area to an I/M area;

(2) the vehicle begins to be principally located or ope rated in an I/M area; or

(e) In addition to the requirements of (a ) - (d) of this se ction, this chapter

(1) governs an I/M program established by an implementing agency and requires the implementing agency to conduct that program in accordance with this chapter and theAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 3 department's Alaska I/M Program Manual dated December 16, 2005, which is adopted by reference;

(2) requires a person engaged in the business of maintaini ng, repairing, or otherwise servicing vehicle emissions control system s in an I/M area to conduct business in accordance with this chapter, including, when applicable,

(A) meeting the certification requirements for

(i) mechanics set out in 18 AAC 52.400; and

(ii) stations set out in 18 AAC 52.415; and

(B) using the inspection and repa ir procedures required by this chapter, including the procedures set out in the program manual; and

(3) requires a department, agency, or instrumentality of the federal government with jurisdiction over a property or fa cility within an I/M area, be fore a vehicle is allowed to operate on that property or facility, to

(A) require employees or contractors who operate a vehicle on the property or facility to furnish proof of compliance w ith this chapter; for purposes of this subparagraph, proof of compliance may be

(i) a valid certificate of in spection for the vehicle;

(ii) proof of vehicle registra tion in the I/M area; or

(iii) another method approved by the implementing agency; and

(B) obtain a valid certificate of inspection for each motor vehicle owned or leased by the federal government and located or operated on the property or facility, unless the implementing agency, in its disc retion, allows the use of an alternate method of compliance with this subparagraph.

(f) The I/M requirements of this chapter do not apply to

(1) a 1967 or older motor vehicle;

(2) Repealed 02/18/2006;

(3) a gasoline-powered motor vehicle that has an unladen weight of 12,001 pounds or heavier;

(4) a test vehicle for which the departme nt has issued a written exemption;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 4 (5) a military tactical vehicle such as a tank;

(6) a motorcycle, golf cart, all-terrain vehicl e, snow machine, and motor-driven cycle (moped);

(7) a motor vehicle that has been or will be in Alaska for less than 30 days; or

(8) an electric vehicle.

(g) For purposes of this chapter, each of the following is an I/M area:

(1) the Municipality of Anchorage; and

(2) the Fairbanks North Star Borough;

(h) The department will administer an I/M program that applies to motorists who commute into the Municipality of Anchorage I/M area, as provided in 18 AAC 52.030.

(i) For purposes of this chapter, the department may, under 18 AAC 52.007, suspend or reestablish an I/M program in an I/M area described in (g) of this section and in 18 AAC 52.030. Not less than 30 days before the suspension or 275 days before the reestablishment of an I/M program in an I/M area, the department will se nd notice to that I/M area's

(1) newspaper of general circ ulation for publication; and

(2) local air pollution control program office.

Editor’s note - As provided in AS 45.45.400 (a), certain re quirements of this chapter extend to a person engaged in the business of selling used vehicles. The program manual adopted by reference in this section may be reviewed at or obtained from the impl ementing agency or the department’s Anchorage, Fairbanks, or Juneau office.

State effective: 5/17/08; EPA effective: 4/21/10

18 AAC 52.007. SUSPENSION AND REESTA BLISHMENT OF I/M REQUIREMENTS.

(a) Subject to (b) of this section, if an I/M area attains the NAAQS for carbon monoxide, and after consultation with and approval by the EPA admini strator of an appli cable revision to the State Air Quality Control Plan , adopted by reference in 18 AAC 50.03 0, the department will suspend the I/M program of this chapter in that I/M area pursuant to 18 AAC 52.005(i).

(b) If the I/M program in an I/M area is suspende d under (a) of this sectio n, the I/M area violates the NAAQS for carbon monoxide, and the department determines through consultation with EPA that reestablishing the I/M pr ogram is the appropriate m easure to implement under the State Air Quality Control Plan

, adopted by reference by reference in 18 AAC 50.030, the department will reestablish the I/M program under 18 AAC 52.005(i) and 18 AAC 52.030.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 5 (c) In this section, “NAAQS” has the meaning given in 18 AAC 52.990.

State effective: 5/17/08; EPA effective: 4/21/10

18 AAC 52.010. I/M PROGRAM ADMINISTRATION OFFICE.

There is created within the department's air qua lity improvement section, a department office responsible for administration and enforcement of all aspects of the I/M program (I/M office).

The I/M office will

(1) administer and enforce the requirements of this chapter, including ensuring that the requirements of this chapter are followed under each I/M program implemented or administered under this chapter;

(2) evaluate, and approve or disapprove I/M program plans submitted under 18AAC 52.035;

(3) accept complaints from the public ag ainst certified mechanics or stations;

(4) investigate and gather evidence regarding suspected violations of this chapter;

(5) suggest measures to resolve disputes between moto rists and certified mech anics or stations;

(6) approve referrals to the refer ee facility described in 18 AAC 52.070;

(7) keep, as a public record, a list of the

(A) names and addresses of all cert ified mechanics and stations; and

(B) manufacturers of equipment certifie d for use under this chapter;

(8) provide materials to assist the public in understanding and complyi ng with the requirements of this chapter;

(9) send each certified station that is subjec t to a department-administered I/M program, a newsletter describing recently a dopted ordinances, procedure changes, suspension or revocation hearings, and any other information that the program administrator determines will benefit the I/M

program;

(10) routinely evaluate the effectiveness of each I/ M program created under this chapter through the analysis of data obtained from certif ied stations and from special studies;

(11) at the request of the office of the governor, submit a report to the governor on the status and effectiveness of the statewide I/M program; the I/M office will have a copy of this report available at the I/M office for public review; andAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 6 (12) prepare reports for a department-administere d I/M program, upon request of the department; the reports must fulfill the requirement s of 18 AAC 52.037(a) and (b)(1)-(5).

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.015. MOTOR VEHICLE MA INTENANCE REQUIREMENTS.

(a) A motorist and a person engaged in the busin ess of maintaining, re pairing, or otherwise servicing vehicle emissions control systems shall

(1) ensure that emissions, excluding condensed water vapor, from a

(A) gasoline-powered motor vehicle are not visible for more than any five consecutive seconds;

(B) diesel-powered motor vehicle do not resu lt in a reduction of vi sibility of greater than 40 percent through the exhaust effluent for more than any five consecutive seconds;

(2) ensure that emissions-relate d adjustments are made as specified by the vehicle manufacturer;

(3) ensure that original and aftermarket emissi ons-related parts are properly installed and functioning according to the manufacturer's speci fications and have not been subject to tampering;

(4) not make nor allow to be made any una uthorized modification to the engine or emissions control system; and

(5) use, or place, only unleaded gasoline in a vehicle designed for the exclusive use of unleaded gasoline.

(b) In addition to the requirements of (a) of th is section, a motorist described in 18 AAC 52.005(b) shall ensure that an emissions-related repair is made, and that the repa ir is performed by a mechanic certified under this chapter if the motorist wants to apply that repa ir to the repair cost

minimum.

(c) In addition to the other applicable requirements of this chapter, a mech anic certified under this chapter who repairs a vehicle that has failed an I/M inspection shall use repair procedures issued by the (1) implementing agency and approved by the department; or

(2) department, if it administers the I/M progr am; the applicable procedures under this paragraph are set out in Part IV of the program manual.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 7 (d) A motorist may request that a vehicle failing an emissions inspection (I/ M test) at a certified station be inspected, at no cost, at a referee f acility for verification and documentation of the inspection failure, if the vehicle is covered by a manufacturer's emissions warranty as provided in 42 U.S.C. 7541(a) and (b) (Clean Air Act, section 207(a) and (b)). The motorist may return to the referee facility for a free ve rification that I/M-related repairs were properly made.

(e) Repealed 1/1/2000.

State effective: 2/18/06 ; EPA effective: 4/21/10

18 AAC 52.020. CERTIFICATE OF IN SPECTION REQUIREMENTS. (a) A certificate of inspection required under this ch apter may be issued only by the implementing agency, its referee facility, or a station certified under 18 AAC 52.415.

(b) A motorist described in 18 AAC 52.005(b) (1) or (b) (2) shall obtain and rene w a certificate of inspection as required by 18 AAC 52.005(c) (2). A motorist describe d in 18 AAC 52.005(b)(3)

shall obtain and renew a certifi cate as required by 18 AAC 52.005(c) (3). A motorist described in 18 AAC-52.005(b) (4) shall obtain and renew a ce rtificate as required by 18 AAC 52.005(c) (4).

(c) A person, including a person in m ilitary service, who temporarily resides in this state for more than 30 days and who owns or leases a vehicle that is principally located or operated in an I/M area, shall obtain a certificate of inspection for that vehi cle, even if the vehicle is not required to be registered in this state under AS 28.10.011. A tempor ary resident shall obta in the certificate of inspection within 30 days after the vehicle enters th is state and is principall y located or operated in

an I/M area.

(d) A motorist described in 18 AAC 52.005(b) shall keep affixed to the inside lower left corner of the front windshield or display in a certificate holder readily visi ble through the front windshield

(1) a certificate of inspection wi ndshield sticker for the specific vehicle that has passed an I/M test; the sticker must be affixed by the ce rtified mechanic who in spected the vehicle; the certified mechanic may not place a windshield sticker in a certificate holder; or

(2) a waiver, new vehicle, or exemption wi ndshield sticker for a vehicle for which the implementing agency requires a sticker to be displayed under 18 AAC 52.025(c); the sticker must be affixed by the implementing agency or the designee of the implementing

agency.

(e) The implementing agency shall se ll the certificate of inspection to a certified station in lots of 25. Each sticker must contain a unique serial nu mber, and the implementing agency shall record

the serial numbers of each sticker sold to a statio n. The sticker must comply with the requirements of 18 AAC 52.025, be approved by the department, and be pre-printed using materials, color, and patterns that minimize the risk of forgery. The design of the sticke r and any change to the design must be approved by the department. If the design or color of a certificate of inspection is changed, the implementing agency shall perm it a certified station to excha nge any unused certificates forAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 8 new certificates at no charge, or the implementing agency shall ref und to the certified station the fee paid for the returned obsolete certificates.

(f) If the department administers an I/M progr am under 18 AAC 52.030, it will charge a $20 fee for a certificate of inspection. If a department-adminis tered I/M program, such as a program described in 18 AAC 52.005(h) , is associated with an I/ M program administered by an implementing agency, the department will charge the same fee as that charged by the implementing agency if that

fee is lower than the fee set in this subsection. Nothing in this subsection prohibits an implementing agency other than the department from imposing a fee higher or lower than $20.

(g) If a certificate of inspection or other required windshi eld sticker that has been issued is lost, destroyed, or mutilated, a replacement certificate may be issued to the motorist if the original certificate or other required windshield sticker can be accounted for to the satisfaction of the implementing agency. The replacemen t certificate must be traceable to the original certificate or

other windshield sticker issued.

(h) If, after obtaining a replacement certificate of insp ection under (g) of this section, the motorist finds the lost original certificat e of inspection, that motorist sh all return the original to the implementing agency.

(i) For a department administered I/M program under 18 AAC 52.030, the department will charge a $20 fee for a replacement certificate.

(j) If registration of a vehicle is refused under AS 28.10.041 because the certificate of inspection for the vehicle is inadequate because of an act or omission of a certified mechanic or station, the

station shall retest the vehicle at no charge and issue another certi ficate if the vehicle passes the I/M test. If registration of a vehi cle is refused because the certificat e is inadequate because of an act or omission of the motorist, the motorist sha ll obtain another certificat e and pay the appropriate

fee. If a second certif icate is issued unde r this subsection, the station shall collect the original parts of the certificate, and shall invalidate the ce rtificate or otherwise account for the original certification to the satisfaction of the implementi ng agency. The station shall note the reason for replacement of the certificate, and return each part of the certificate, including the windshield sticker, to the implementing agency for a refund of the cost of the certificate.

(k) A motor vehicle dealer may use a certificate of inspection that was issued within the previous 12 months to register a used mo tor vehicle under AS 28.01.011 if the

(1) dealer registers the vehicle in the purchaser's name; and

(2) certificate was issued while the vehicle was held in the dealer's inventory for sale.

(l) If a certificate of inspection was used under (k) of this sect ion to register a used vehicle, that certificate may not be used again to register th e vehicle or to renew th e vehicle registration.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 9 (m) A certificate of inspection is an "emissions inspection and maintenanc e certificate" or an "emissions inspection certificate" for the purposes of the transfer of ownership of a motor vehicle under AS 28.10.271 (d).

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.025. VISUAL IDENTIFICATION OF CERTIFICATE OF INSPECTION, WAIVERS, AND EXEMPT VEHICLES.

(a) The windshield sticker certificate of inspection must be

(1) easy to observe from outside a vehicle;

(2) of a quality that is difficult to counterfeit, difficult to re move without destroying it, and durable enough to last until the next inspec tion without fading, peeling, or otherwise deteriorating; and

(3) affixed to the vehicle's windshield as required by 18 AAC 52.020(d) at the time of inspection by the certified mechanic who performs the inspection; and

(b) For purposes of vehicle registration, an electroni c record of the certificate of inspection must be received by the division of motor ve hicles, Department of Administration.

(c) When a type of vehicle is not required to get an I/M test, the implementing agency may require

a windshield sticker that uniquely identifies that type of vehicl e. A windshield stic ker identifying a new vehicle, a vehicle waived under 18 AAC 52.060(a), or a vehicle exempted under 18 AAC 52.005(f) must

(1) be easy to observe fro m outside the vehicle;

(2) be of a quality that is difficult to counter feit, difficult to remove without destroying it, and durable enough to last until the next renewal or inspec tion without fading, peeling, or otherwise deteriorating;

(3) be unique and noticeably distinguishable from th e windshield sticker certificate of inspection;

(4) be affixed to the vehicle's windshield as required by 18 AAC 52.020(d) in the manner prescribed by the implementing agency; and

(5) have a unique number.

(d) An implementing agency shallAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 10 (1) require each certified stati on and new vehicle dealer to account for all windshield stickers that the implementing agency issues to that station or new vehicle dealer; and

(2) adopt enforcement procedures in its de sign document for appr opriate action by the implementing agency against a station or new vehicle dealer that is either missing or

cannot account for a windshield sticker or that has improperly issued a windshield sticker.

(e) An implementing agency may, and if the department is the implementing agency, the department will, in the case of a show, classic, or collector vehicle, certify the use of a certificate holder for the display of that vehicle's seasona l waiver issued under 18 AAC 52.060, subject to the requirements of (f) - (m) of this section, as an a lternative to the requirement that the waiver be permanently affixed to the windshield.

(f) A certificate holder for a seasonal waiver must be

(1) clear and of a size that accommodates th e seasonal waiver and provides an adequate surface for the waiver to be affixed;

(2) of an appropriate size and design to either rest on the da shboard of the vehicle or hang

from the vehicle's rear-view mirror so that the certificate holder is plainly visible through

the vehicle's windshield from a distance of eight feet;

(3) uniquely marked to allow for easy verification that the certificate holder is displayed in the appropriate vehicle;

(4) issued by the implementing agency; and

(5) displayed at all times.

(g) If the department administers an I/M program under 18 AAC 52.030, the department will charge a fee to recover the cost of the certi ficate holder. If a department-administered I/M program, such as the program described in 18 AAC 52.005(h), is associated with an I/M program administered by an implementing agency, the depart ment will charge the same fee as that charged by the implementing agency. Nothing in this subs ection prohibits an impl ementing agency other than the department from assessing a fee for a certificate holder.

(h) To be eligible to use a certificate holder in pl ace of permanently affixing the seasonal waiver to the vehicle's windshield, the motorist must execu te an affidavit attesting that the vehicle

(1) has been issued a valid seas onal waiver under 18 AAC 52.060; and

(2) is driven fewer than 2,500 miles per calendar year.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 11 (i) If renewing a seasonal waiver, a motorist must provide adequate proof of the mileage that the vehicle was driven during the previous registration period on a calendar year basis.

(j) If a vehicle for whic h a certificate holder is is sued is driven more than 2,500 miles in a calendar year during the registration period for which a certif icate holder was issued for that vehicle, the motorist may not use the certificate holder any lo nger. The motorist shall forfeit and return the certificate holder to the implementing agency an d obtain a certificate of inspection or seasonal

waiver to be affixed to the inside lower corner and the front windshield.

(k) A motorist may not obtain a certificat e holder for a camper or a motor home.

(1) The implementing agency shall assign a uni que certificate holder for each vehicle. The certificate holder may not be transferred to a diffe rent motorist or vehicle. The certificate holder and waiver must be returned to the department or implementing agency if a seasonal waiver is

denied under 18 AAC 52.060 or if the title to th e vehicle is transferred to another motorist.

(m) A motorist may not display a certificate holder in a vehicle other than the vehicle for which it has been issued. If a motorist incorrectly displa ys, or fails to display, a certificate holder, the implementing agency shall revoke each certificate holder and seas onal waiver issued to that

motorist. The motorist shall return each revoked certificate and seasonal waiver to the implementing agency.

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.030. DEPARTMENT- ADMINISTERED I/M PROGRAM

.

(a) The department will, in its discretion, and after notice and opportuni ty for public comment, administer an I/M program

(1) in any area where the department determines that a program is needed to attain or maintain the national ambient air quality standard for carbon monoxide by the date required by 42 U.S.C. 7512 (Cl ean Air Act, section 186), as amended through November 15, 1990;

(2) in an I/M area where an implementing agency

(A) determines that it will no longer administ er the I/M program in that area; or

(B) is found by the department, under AS 46.14.410 , to be administering an inadequate program; or

(3) that applies to motorists who commute in to an I/M area but whose vehicles are not registered in that I/M area.

(b) A person subject to this chapter sha ll meet the applicable requirements of aAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 12 department-administered I/M progra m, including the requirements of the program manual, in the same manner that the person would be require d to meet the require ments of a program administered by an implementing agency.

(c) Subject to (d) of this section, if the department administers an I/M program, when it is stated in this chapter that the implementing agency

(1) "may," it means that the departme nt will act, in its discretion; and

(2) "shall," it means that th e department will act.

(d) Except as stated otherwise, the reporting re quirements imposed upon an implementing agency under this chapter do not apply under a de partment-administered I/M program.

State effective: 2/1/94; EPA effective: 6/5/95

18 AAC 52.035. I/M PROGRAM ADMINIS TERED BY AN IMPLEMENTING

AGENCY.

(a) A municipality may not implement or admi nister an I/M program without department approval. The department will approve a program that

(1) establishes an I/M office that meets the requirements of 18 AAC 52.010(1) and (3) - (9); and

(2) meets the requirements of this section.

(b) An implementing agency shall authorize the issu ance of a certificate of inspection for a motor vehicle that passes an I/M program conducted as required by this section. Subject to department approval, an I/M program may be limited to certain model years and categories if the implementing agency shows

(1) that the I/M would be adequate for a cost-effective system; and

(2) that, notwithstanding the limitation to cer tain model years and categories, the I/M program would meet or exceed the level of emissions control provided under this chapter.

(c) An implementing agency shall adopt the

(1) calibration and quality contro l procedures for an EIS and test equipment in 40 C.F.R. 51, Appendix A to Subpart S, as revised as of July 1, 1999, adopted by reference;

(2) emissions testing procedures in 40 C.F.R. 51, Appendix B to Subpart S, as revised as of July 1, 1996, adopted by reference; andAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 13 (3) EIS and test equipment specifications in 40 C.F.R. 51, Appendix D to Subpart S, as revised as of July 1, 1999, adopted by reference.

(d) To ensure that its I/M program meets or exceeds the performance standard achievable under the model I/M program described in this subsec tion, the implementing agency shall use a mobile source emission factor computer program as requi red by 40 C.F.R. 51.352(d), as revised as of July 1, 1996, adopted by reference, to determine the proj ected emissions level of its I/M program and then compare that level with th e performance standard. The perfor mance standard is expressed as the average emissions level in grams of car bon monoxide emitted per mile traveled by all gasoline-fueled mobile sources in an I/M area, calculated using a mobile source emission factor computer program as required by 40 C.F.R. 51.352( d) (1996), adopted by reference. The model I/M program includes the following features:

(1) centralized testing;

(2) biennial exhaust emissions testing at curb idle of 1968 and later model year light-duty vehicles;

(3) a 20 percent exhaust emissions failure rate for pre-1981 model year vehicles;

(4) a zero percent waiver rate among vehicl es failing the initial inspection; and

(5) a 100 percent compliance rate among all vehicles subject to the program.

(e) An implementing agency that is a municipa lity operating an I/M program shall submit an implementation plan for department approval. The plan must include

(1) steps to achieve a program as effective as the m odel program described in (d) of this section;

(2) a program manual that contains specifica tions and procedures that are at least equivalent to those

(A) required under this chapter, including a ny program features additional to those features described in the model program de scribed in (d) of this section; and

(B) in the program manual adopted by re ference in this chapter, including any program features additional to those features descri bed in the model program described in (d) of this section;

(3) written policies and procedures for

(A) certification of mechanics, inspection a nd repair stations, and equipment, in accordance with 18 AAC 52.095;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 14 (B) achieving maximum compliance of vehi cles subject to the program, including vehicles commuting into the I/M area and vehi cles operated at federal facilities in the I/M area;

(C) use of replacement parts and engine change s in vehicles subject to the program;

(D) a quality assurance program to review the performance of certified mechanics and stations;

(E) an enforcement program that is at leas t as stringent as th e one described in 18 AAC 52.100, and a quality control program to achieve maximum compliance by motorists;

(F) an enforcement program at least equiva lent to that described in 18 AAC 52.105, to ensure mechanic and station compliance with the program;

(G) emissions testing, visual and functional checks of vehicles, inspections using OBDII systems of applicable vehicles, a nd repair of emissions-related defects by certified mechanics and stations;

(H) the collection and analysis of inspection data;

(I) providing assistance, th rough the documentation of vehicle malfunctions, to motorists who have warranty claims with manufacturers;

(J) the operation of a refer ee facility to verify and document tests and repairs performed by certified mechanics or st ations, and to otherwise carry out the

functions described in 18 AAC 52.070; and

(K) providing technical assist ance to certified mechanics, the repair industry, and motorists in diagnosing and repairi ng emissions-related defects; and

(4) verification of adequate funding and personn el to properly administer the program.

(f) A municipality that seeks to implement an I/M program or to amend an I/M program previously approved by the department shall submit to the department for approval an implementation plan and schedule that meet the requirements of (e) of this section. A municipality seeking approval of an implementation plan or an amendment shall submit the proposed plan or amendment to the department at least one year before the proposed implementation date and shall include a schedule for implementing the plan or amendment by the proposed date.

(g) The implementing agency shall ensure that cer tified mechanics and certified stations meet the requirements of this chapter, and that I/M inspec tions are performed only by certified mechanics.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 15 (h) An implementing agency shall conduct enforcem ent, quality assurance, and quality control programs as described under this section to ensu re that inspections a nd repairs are properly performed by certified mechanics and that motorists are in compliance with program requirements.

(i) An implementing agency may allow a certified st ation to determine whet her Parts IV and V of the program manual allow the use of an aftermarket part in an I/M area.

State effective: 3/27/02; EPA effective: 4/21/10

18 AAC 52.037. REPORTING REQUIREM ENTS FOR AN I/M PROGRAM

ADMINISTERED BY AN IMPLEMENTING AGENCY.

(a) Within 30 days after receiving a request from the department for a report under (b) or (c) of this section, an implementing agency shall submit the report to the department.

(b) A report that the department requests of activity dur ing the previous calendar quarter must

contain

(1) the raw emissions test data collected fr om each motor vehicle inspected during the

quarter;

(2) a statistical test da ta report, including

(A) the number and percentage of vehicles receiving each type of waiver described in 18 AAC 52.060;

(B) a list by model year and vehicle type of the number of vehicles tested, as set out in Table 1 of this subparagraph;

Table 1. Vehicle Types

Vehicle Type / Definition

__________________________________________________________________ LDGV - light-duty gasoline-fueled vehicl es (passenger cars) not exceeding 8500

lbs. GVWR

__________________________________________________________________ HDGV - heavy-duty gasoline-fueled ve hicles over 8500 lbs. GVWR (heavier commercial trucks, buses and motor homes)

__________________________________________________________________ LDGT1 - light-duty gasoline-fueled trucks not exceeding 6000 lbs. GVWR (lighter pick-up trucks and vans)

__________________________________________________________________Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 16 LDGT2 - light-duty gasoline fueled trucks over 6000 lbs. GVWR and not exceeding 8500 lbs. GVWR (heavier pick-up trucks and vans, and many commercial trucks)

__________________________________________________________________

(C) a list, by model year and vehicle type , of the number and percentage of

(i) vehicles that failed an initial emissi ons test, an initial tailpipe emissions test, and each type of initial em issions control component check;

(ii) initially failed vehicles that failed th e first retest for tailpipe emissions;

(iii) initially failed vehicles that received a waiver;

(iv) initially failed vehicles that passed the first or subsequent retest for tailpipe emissions;

(v) initially failed vehicles that passed each emissions control component check on the first or subsequent retest by component; and

(vi) vehicles with no known final outcome;

.

........................................... (D) a list, by model year and test station, of

(i) the number of initial tests; and

(ii) the initial test failure rate; and

(E) the average increase or decrease in vehi cle emissions levels after repairs, by model year and vehicle type;

(3) a quality assuranc e report, including

(A) the number of certified stations op erating throughout the quarter, and the number operating for part of the quarter; for the stations operating throughout the quarter, the report must include the number of stations that

(i) received, or did not receive, an overt performance review;

(ii) received, or did not receive, a covert performance review; and

(iii) were closed as a result of an overt performance review;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 17 (B) the number of covert performance reviews

(i) conducted with a vehicle set to fa il the emissions test, or the OBDII portion of the I/M test, one or more vi sual or functional checks, or both the

emissions test or the OBD II portion of the I/M test and one or more visual or functional checks; and

(ii) that resulted in a false pass for the emissions test, for the OBDII portion of the I/M test, for one or more visual or functional checks, or for both the

emissions test or the OBD II portion of the I/M test and one or more visual or functional checks;

(C) the number of certified mechanics a nd stations whose performance reviews resulted in a verbal warning, a written warning, a notice of violation, a citation, a fine or other penalty, or a su spended or revoked certificati on, or that resulted in the mechanic being suspended or fired, or in the mechanic or station being prohibited from performing a repair or inspection under this chapter;

(D) the number of mechanics who, at the end of the quarter, are certified to conduct testing on motor vehicles that are principally located or operated in the area for which the implementing agency is operati ng an I/M program, including the number

of mechanics who

(i) received, or did not receive, an overt performance review;

(ii) received, or did not receive, a covert performance review;

(E) the number of administrative hearings conducted by the implementing agency to consider an action agains t a certified mechan ic or station, and the result of each hearing;

(F) the amount collected in fines from cer tified mechanics and stations, listed by type of violation; and

(G) the number of vehicles used for covert performance reviews during the year;

(4) a quality control re port that lists

(A) the number of inspection stations and EISs used in the program;

(B) the number of equipment reviews, listed by station or EIS;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 18 (C) the number and percentage of stations and EISs that failed an equipment review;

(D) the number of EISs that were locked out; and

(E) the number and percentage of stations and EISs closed as a result of an equipment review; and

(5) an enforcement report that lists

(A) an estimate of the number of vehicles subject to the program, including the results of an analysis of the registration database;

(B) the percentage of vehicles in complia nce, based on a comparison of the number of certificates of inspection issued with th e number of subject vehi cles; if more than one certificate of inspection was issued to th e same audit vehicle, the certif icate and vehicle should be counted only once;

(C) the number of certificates of inspecti on issued to certified stations by the implementing agency, and the number of certificates that ar e unaccounted for;

(D) the number of waivers granted unde r 18 AAC 52.060(a) and the number of time extensions granted under 18 AAC 52.060(d);

(E) the number of compliance surveys, including parking lot surveys, conducted, the number of vehicles surveyed in each survey, and the noncompliance rate found during each survey;

(F) a detailed report on actions taken by th e implementing agency, on its own or in cooperation with the department and the division of motor vehicles, to prevent

motorists from

(i) falsely registering a vehi cle outside the I/M area;

(ii) falsely changing fuel type or weight class on the vehicle registration;

(iii) driving a vehicle in the I/M area from November 1 through March 31 after obtaining a seasonal waiver under 18 AAC 52.060(a) (3) for that vehicle; and

(iv) commuting into the Municipality of Anchorage and failing to comply with this chapter;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 19 (G) the results of any special st udy of the frequency of the vi olations listed in (F) of this paragraph;

(H) the total amount of fines imposed by the Alaska Court System or by an implementing agency that is a municipality for

(i) driving with an expired registration or for misrepresenting the motorist’s residential address for purposes of vehicle registration; or

(ii) displaying a windshield sticker on a vehicle that is not in compliance with this chapter; and

(I) the number of registration file evaluations , including the number of registrations reviewed and the compliance ra te found in each evaluation.

(c) A report that the department re quests of activity duri ng the previous 12 months must describe

any

(1) changes made during that 12-month pe riod in program design, funding, personnel levels, procedures, regulations a nd legal authority, with a detailed evaluation of the impact of each change on program effectiveness;

(2) program weakness or problems identified within the twelve-month period and any plans to address each weakness or problem; and

(3) corrective actions taken and th e results of those actions.

State effective:2/18/06; EPA effective: 4/21/10

18 AAC 52.040. CENTRALIZED INSPECTION PROGRAM.

To carry out the requirements of this chap ter, an implementing agency may implement a centralized I/M program that

(1) meets the performance standard s described in 18 AAC 52.035(d);

(2) is conducted at a test-only inspection f acility operated by the implementing agency or its contractor; and

(3) otherwise meets the applicable requirements of this chapter.

State effective: 2/01/94; EPA effective: 6/05/95

18 AAC 52.045. DECENTRALIZED INSPECTION PROGRAM.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 20 To carry out the requirements of this chap ter, an implementing agency may implement a decentralized I/M program that

(1) meets the performance standards de scribed in 18 AAC 52.035(d) ; and

(2) otherwise meets the applicable requirements of this chapter.

State effective: 2/01/94; EPA effective: 6/5/95

18 AAC 52.050. EMISSIONS STANDARDS.

(a) For a vehicle to pass an I/M program inspection, it must

(1) have emissions levels at or below the st andards in this section and 18 AAC 52.055; this requirement does not apply to light-duty 1996 or newer model year vehicles unless that vehicle's make, model, and model year has be en exempted from the requirement for the OBDII portion of an I/M test due to a documen ted problem with the OBDII system of that specific make, model, and model year;

(2) have no missing, modified, disconnecte d, improperly connected, or defective emissions-related part identified by the mechan ic during a visual or functional check or identified by the vehicle’s OBDII system; and

(3) pass the OBDII portion of an I/ M test if the vehicle is a light-duty 1996 or newer model year; reasons for failure of the OBDII porti on of the I/M test include the vehicle’s

(A) MIL being commanded on;

(B) second failed readiness evalua tion in an inspection cycle;

(C) OBDII connector being either damaged or not accessible; and

(D) OBDII system not responding to a command for communication.

(b) A vehicle that does not meet the requireme nts of 40 C.F.R 85.2207, as revised as of July 1, 1998, adopted by reference, fails the OBDII check.

(c) A motorist whose vehicle has a missing, modi fied, disconnected, im properly connected, or defective emissions-related part shall repair the vehicle as required under 18 AAC 52.015 and 18

AAC 52.065.

(d) Unless an implementing agency imposes an alternative standard under 18 AAC 52.055, the

standards set out in this secti on and illustrated in Figure 3 in Part IV, g. and Appendix B of theAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 21 program manual may not be exceeded in an I/M area.

(e) For LDGVs as defined in Table 1 of 18 AAC 52.037(b), emissions standards for carbon monoxide, expressed as the percentage of car bon monoxide in the undilu ted exhaust, are as

follows: (1) 1968 to 1971 model years: 5.0 percent at cu rb idle and 4.0 pe rcent at 2500 rpm;

(2) 1972 to 1974 model years: 4.0 percent at cu rb idle and 3.0 pe rcent at 2500 rpm;

(3) 1975 to 1980 model years: 2.0 percent at both curb idle and 2500 rpm;

(4) 1981 to 1993 model years: 1.0 percent at both curb idle and 2500 rpm;

(5) 1994 and newer model years: 0.5 percent at both curb idle and 2500 rpm.

(f) For LDT1 and LDGT2s as defined in Tabl e 1 of 18 AAC 52.037(b), emissions standards for carbon monoxide, expressed as the percentage of carbon monoxide in the undiluted exhaust, are as

follows:

(1) 1968 to 1972 model years: 5.0 percent at curb idle and 4.0 percent at 2500 rpm;

(2) 1973 to 1978 model years: 4.0 percent at cu rb idle and 3.0 pe rcent at 2500 rpm;

(3) 1979 to 1983 model years: 2.0 percent at both curb idle and 2500 rpm;

(4) 1984 to 1993 model years: 1.0 percent at both curb idle and 2500 rpm;

(5) 1994 and newer model years: 0.5 percent at both curb idle and 2500 rpm.

(g) For HDGVs as defined in Table 1 of 18 AAC 52.037(b), emissions standards for carbon monoxide, expressed as the percentage of car bon monoxide in the undilu ted exhaust, are as

follows:

(1) 1968 to 1973 model years: 5.0 percent at both curb idle and 2500 rpm;

(2) 1974 to 1993 model years: 4.0 percent at both curb idle and 2500 rpm;

(3) 1994 and newer model years: 1.0 percen t at both curb idle and 2500 rpm.

(h) For LDGVs, LDGT1s, and LDGT2s as define d in Table 1 of 18 AAC 52.037(b), emissions standards for hydrocarbons, expressed as the concentration of hydroc arbons in the undiluted exhaust, are as follows:Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 22 (1) 1968 to 1983 model years: 1,000 parts per million at both curb idle and 2500 rpm;

(2) 1984 to 1993 model years: 750 parts per m illion at both curb idle and 2500 rpm;

(3) 1994 and newer model years: 220 parts per million at both curb idle and 2500 rpm.

(i) For HDGVs as defined in Table 1 of 18 AAC 52.037(b), emissions standards for hydrocarbons, expressed as the concentration of hydrocarbons in the undiluted exhaust, are as follows:

(1) 1968 to 1993 model years: 1,000 parts per million at both curb idle and 2500 rpm;

(2) 1994 and newer model years: 220 parts pe r million at both curb idle and 2500 rpm.

(j) Each rotor of a rotary engine is the equivalent of one cylinder in dete rmining the applicable

emissions standards under this section.

(k) Except as provided in (l) of this section, a model year 1975 or newer vehicle equipped with an engine other than the engine originally installed by the manufacturer or an identical replacement of that engine must meet the following requirement s to qualify for a certificate of inspection under this chapter:

(1) the resulting engine-chassis c onfiguration must have been cer tified by either the EPA or the CARB as having emissions that are the same as, or lower than, the original engine-chassis configuration installed in the vehicle;

(2) the emissions controls that were originally installed on the vehicl e, as certified by the EPA or the CARB, must be retained on the vehicle;

(3) if the vehicle was originally equipped w ith one or more catalytic converters, the resulting engine-chassis configur ation must be equipped with e ither the cataly tic converter certified by EPA or CARB for th at configuration or a replacement catalytic converter approved by the implementing agency; and

(4) if the vehicle was originally equipped w ith feedback controls and an evaporative emissions control system, that system must remain functional on the resulting engine-chassis configuration.

(l) Instead of meeting the requireme nts of (k) of this section, a mo torist may submit the results of an emissions test performed on a vehicle describe d in (k) using the FTP or an alternate loaded mode mass emissions test proce dure approved by the department. The implementing agency shall issue a certificate of inspection after receiving adequate proof that the vehicle has a mass emissionsAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 23 rate that is the same as, or lower than, the engine -chassis configuration originally installed in the

vehicle.

Editor’s note: Listings of EPA-approved engine-chass is combinations are set out in a publication entitled Federal Certification Test Results fo r 19__ [the publication is model-year specific] Model Year for each vehicle model year of intere st and may be purchased from the United States Department of Commerce, Nationa l Technical Informati on Service, 5285 Port Royal Road, Springfield, VA 22161, tele phone (703) 487-4600, (703) 487-4650, or (800) 553-6847 (sales).
State effective: 3/27/02; EPA effective: 4/21/10

18 AAC 52.055. ALTERNATIVE REQUIREM ENTS, STANDARDS, AND TEST

PROCEDURES.

(a) The department will, in its di scretion, approve alternative requi rements, standards, and test procedures to those spec ified in this chapter.

(b) Subject to department approval, instead of the standards set in 18 AAC 52.050, an implementing agency may establish alternative

(1) tailpipe emissions standards, incl uding mass emissions standards;

(2) steady-state or transient loaded mode test pro cedures for all or a po rtion of the vehicles subject to the I/M program; and

(3) procedures to certify comp liance of vehicles with replacement engines and of other noncomplying vehicles, if those procedures incl ude emissions standards for those vehicles while they are operated in a loaded mode.

(c) At least one year before establishing an altern ative standard or proced ure under this section, an implementing agency shall provide to the department proof that

(1) control of vehicle emissions under the alte rnative standard or procedure will meet or exceed the level of emissions control required by this chapter; and

(2) the alternative standard or procedure will not result in failure of more than two percent of properly constructed and mainta ined vehicles in any category of vehicles subject to this chapter to meet the alterna tive standard or procedure.

(d) Repealed 1/1/2000.

State effective :1/01/00 ; EPA effective: 3/11/02

18 AAC 52.060. WAIVERS.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 24 (a) Any person may seek a waiver from passing an I/M program inspection, except that no waiver may be issued to a vehicle that is untestable due to a correctable defect, incl uding those listed in 18 AAC 52.530(d). The motorist shall repair a correctable defect before the I/M test will be completed. Except as provided in this subsection, the implementing agency or its contractor may grant a waiver if the person proves to the implementing ag ency or its contractor that

(1) a certified mechanic at a certified station has attempted to repair a failed vehicle, has made the repairs required by 18 AAC 52.065(a) or (b), and the vehicle failed a retest performed after completion of the required repair s; a waiver issued under this paragraph is valid for one inspection cycle;

(2) the vehicle has a diesel engine; a waiver issued under this paragraph is valid until the vehicle is sold or the diesel engine is repla ced with a non-diesel engine; the motorist need

not renew a waiver issued under th is paragraph, but shall present it to the division of motor vehicles when the vehicle is first registered af ter becoming subject to this chapter or if the title to the vehicle is changed; if requ ired by the implementing agency under 18 AAC 52.025(c), visual identification of a vehicle with a waiver for a diesel engine issued under this paragraph is by windshield st icker as provided in 18 AAC 52.025(c);

(3) the vehicle qualifies for a seasonal waiver; a waiver issued under this paragraph is valid for one inspection cycle; the implementing ag ency may issue a seasonal waiver if the motorist certifies in writing that the vehicl e will not be operated from November 1 through March 31 in an I/M area, a nonattainment area, or a maintenance area; the written statement must appear on a waiver form that be ars a notice to the motorist that

(A) a false statement is punishable by la w; and (B) if, between November 1 and March 31, the vehicle is either operated or parked on a public right-of-way, on public land, or on commercial premises ope n to the public in an I/M area, a nonattainment area, or a maintenance ar ea, the seasonal waiver immediately becomes void, and

(i) the implementing agency will not approve another seasonal waiver for that vehicle or any other vehicle owne d or leased by the motorist, except for good cause;

(ii) the motorist may not transfer ow nership of a vehicle for which the seasonal waiver has become void or opera te that vehicle after a transfer of

the vehicle unless the vehicle has a va lid certificate of inspection; and

(iii) a subsequent motorist of a vehicl e for which the seasonal waiver has become void is eligible for a seasonal waiver for that vehicle only if the subsequent motorist is not a member of the immediate family of and doesAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 25 not live in the same household as the motorist who owned or leased the vehicle at the time the vehicle’s waiver became void;

(4) special circumstances exist that make it impract ical to test the vehicle; a waiver issued under this paragraph is valid for one inspection cycle;

(5) the vehicle would not be expected to achie ve emissions reductions after full repair of the vehicle to manufacturer's specifications for reasons such as pattern failure; a waiver issued under this paragraph is valid for one inspection cycle;

(6) the vehicle has been modified to use onl y compressed natural ga s (CNG), methanol, or liquefied petroleum gas, and

(A) no emissions control device, other than the thermostatically controlled air cleaner inlet or the evaporative emissions control system, has been disconnected or removed from the vehicle;

(B) emissions test data are available indi cating that the vehicle has an idle and parked throttle air-fuel ratio that is not richer than stoichiometric; and

(C) the vehicle is not a dual-fuel vehicle; a waiver issued under this paragraph is valid until the vehicle is sold or is modified to use other than natural gas, methanol, or liquefied petroleum gas;

(7) the vehicle is registered in , but not located or operated in, an I/M ar ea, a non-attainment area, or a maintenance area; a waiver issued und er this paragraph is va lid for one inspection cycle unless the vehicle returns to an I/M area, a nonattainment area, or a maintenance area,

at which time the waiver is voi d, and the vehicle must be insp ected; to qualify for a waiver under this paragraph, the motorist shall submit to the implementing agency

(A) an application, signed by the motorist;

(B) adequate proof that the vehicle is located or operated outside, and not in, an I/M area, a nonattainment area, or a maintenance area; and

(C) a copy of a current certificate of inspec tion issued in the area where the vehicle is located or operated, if an inspection is required in that area; a written statement must appear on the waiver form that bears a notice to the motorist that

(i) a false statement is punishable by law; and

(ii) if the vehicle is located or operate d in the I/M area, a non-attainmentAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 26 area, or a maintenance area after the wa iver is issued under this paragraph, the waiver immediately becomes void, and the implementing agency will not approve another waiver for that motorist under this paragraph; a subsequent owner of a vehicle with a waiver voided under this clause shall provide a current certific ate of inspection to the implementing agency before the vehicle will be eligible for a future waiver under this paragraph;

and

(8) a certified mechanic has de termined as part of an I/M test performed under 18 AAC 52.540(a) that the vehicle cannot be repaired because the parts necessary for repair are unavailable; a waiver issued under this para graph is valid for one inspection cycle.

(b) Before issuing a waiver under (a)(1) of this s ection, the implementing agency or its contractor

shall

(1) verify that the cost of repairs meets or exceeds the repair cost minimum; and

(2) establish a method to monitor the vehicl e until it meets I/M program requirements.

(c) Repealed 1/1/97.

(d) The implementing agency may grant a motorist a time extension not to exceed one inspection cycle to obtain needed repair s on a vehicle in the case of

(1) economic hardship when waiver requireme nts are not met; the implementing agency may grant only one time extension under this pa ragraph and shall revoke the extension if it is determined that the motorist no longer quali fies for an extension under this paragraph; the implementing agency may grant an economic hardship extension on ly if the motorist proves that

(A) the motorist’s adjusted gross income, as computed for the preceding year and reported to the United States Department of the Treasury, Internal Revenue Service (IRS), is at or below the poverty level as determined under the United States Department of Health and Human Servi ces poverty guidelines for this state published at 73 Fed. Reg. 3971 – 3972 (Janua ry 23, 2008), adopted by reference in this chapter; for a time exte nsion under this paragraph, the motorist shall submit a copy of the motorist's federal income tax return filed for the year preceding the extension request; or

(B) unusual circumstances exist such as h ealth problems or other extra-ordinary expenses; for a time extension under this paragraph, the motorist shall submitAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 27 (i) a copy of the motorist’s income tax return filed w ith the IRS for the year preceding the extension request, but the motorist is not required to comply with the requirement of this clause if the IRS did not require the motorist to file a return;

(ii) a budget sheet that details current income, assets, and liabilities;

(iii) vehicle registrati on documentation; and

(iv) documentation of the extraordinary expe nses, such as medical bills, that support the claim of unusu al circumstances; or

(2) Repealed 1/1/98.

(e) Repealed 1/1/97.

(f) Except for a waiver issued under (a)(2) or (a)(6), or an extension under (d )(1) of this section, a motorist may apply to the implementing agency for a new waiver each year that the vehicle qualifies for a waiver under this section.

Editor’s notes. - A copy of the federal poverty guidelin es referred to in this section may be obtained from an implementing agency, from th e department, or on the Internet. The Federal Register is usually available at state and court libraries, or on the Internet.

State effective: 5/17/08; EPA effective: 4/21/10

18 AAC 52.065. EMISSIONS - RELA TED REPAIR COST MINIMUM

.

(a) Unless provided otherwise in this section, a moto rist who is subject to 18 AAC 52.005(c) shall complete necessary emissions-relat ed repairs as required in (d) of this section. If the cost of completing all repairs exceeds $450, the motorist sh all complete those repa irs for each inspection cycle with a total cost of no le ss than $450. If the total cost of all repairs is less than $450, the motorist shall complete all repairs. If a cer tified mechanic determines under 18 AAC 52.540(a) that parts are unavailable for one or more repairs, the motorist shall complete those repairs for which all parts are available up to $450. If all repairs have been made except one for which parts
are unavailable, the motorist shal l apply for an unavailable parts waiver as described in 18 AAC 52.060(a)(8). The cost of repairs performed by a pe rson who is not certified under this chapter or the cost of a repair necessary to correct a safety problem may not be applied toward the repair cost

minimum.

(b) Repealed 1/1/2000.

(c) The motorist shall complete all repairs necessary to comply with this chapter, regardless of cost, ifAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 28 (1) the vehicle was subjected to an un authorized or illegal modification;

(2) the vehicle is owned or l eased by a fleet operator; or

(3) a manufacturer’s warranty or an insuran ce claim will compensate the owner for the repair.

(d) The motorist shall complete repairs that elimin ate any visual or functi onal defect identified on the vehicle inspection report (VIR ). A partial repair may not be applied to the repair cost

minimum.

(e) An implementing agency may, with department approval, establish an alternate repair cost minimum if the implementing agency can demonstr ate that the alternate minimum will result in the issuance of an equal or lesser number of repair cost waivers.

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52.070. REFEREE FACILITY

.

(a) Each implementing agency or its contractor shall maintain and operate a referee facility to carry out the functions desc ribed in this section.

(b) The implementing agency shall ensure that the re feree facility is equipped with instrumentation and other equipment and supplies necessary to de termine whether a vehicle passes or fails an inspection test performe d under this chapter.

(c) Subject to the implementing agency’s approval, the referee facility ma y charge an inspection fee to inspect a vehicle not previously tested. If a vehicle passes an inspection performed at the referee facility, the refe ree facility may collect a fee for th e certificate of inspection. A referee facility may not charge for an I/ M test if the motorist has alrea dy paid for an I/M test and has a complete vehicle inspection report (VIR) showing a completed I/M test at a certified station within the past 90 days. If the vehicle fails the inspecti on and does not meet the requirements for a repair cost waiver under 18 AAC 52.060(a)(1), the referee facility may provide the motorist with a required-repair form that describes the repairs th at must be made. The motorist shall make the repairs described on the required-repair form within 60 days. If the motorist disputes the results of a failing inspection performed by the referee facili ty, the referee facility may perform additional functional tests to verify the reason for failure.

(d) If directed by the implementing agency, the referee facility shall

(1) verify and document inspection failu re as described in 18 AAC 52.015(d);

(2) determine whether a waiver s hould be issued under 18 AAC 52.060;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 29 (3) confirm the results of tests and repairs perf ormed by a certified mech anic or station if a motorist disputes the work of the mechanic or station;

(4) inspect vehicles that have been rejected fr om testing at a certif ied station because of engine or fuel changes;

(5) provide assistance in monitoring certifi ed stations and mechanics under 18 AAC 52.440;

(6) test a vehicle and determine the correct pr ocedure to follow for repairs after a vehicle has received an initial I/M test ("I" test), I/M -related repairs, and an after-repairs test ("A" test) at a certified station, and still fails; if the vehicle passes the initial test, a further I/M test is not required in that in spection cycle unless the ownership of the vehicle is transferred as provided in AS 28.10.271(d);

(7) perform an I/M test if a t echnical problem prevents a cer tified station from performing a standard test;

(8) evaluate a catalytic converter for efficiency after the vehicle fails the tailpip e test and no other faults are found;

(9) test a vehicle that has had an engine cha nge if the vehicle has not been tagged by the referee facility with a label containing instructions for properly testing the vehicle;

(10) evaluate a vehicle that fails the "I" test if the certified station refuses to perform repairs

because the mechanic determines that the repairs would be ineffective and emissions would not be reduced;

(11) evaluate grey market vehicl es as provided in 18 AAC 52.080;

(12) test vehicles referred by an I/M field inspector;

(13) evaluate vehicles covered by a manufacturer’s emissions wa rranty that fail an "I" test

and exhibit no indica tion of tampering;

(14) evaluate vehicles assembled by a person wh o is not an automobile manufacturer; and

(15) provide other services as directed by the implementing agency.

(e) The referee facility shall make appointments only when instructed to do so by the I/M office. A person referred to the referee facility shall br ing with him or her th e vehicle, the vehicleAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 30 registration, a completed, legible referee referral form, and any additional documentation required by (1) - (22) of this subsection for each type of referral, as follows:

(1) Alternate Fueled-Veh icle Inspection - no other documentation is required;

(2) Catalytic Converter Evaluation - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(3) Repair Cost Waiver - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(4) Motorist Complaint that Station is Unable to Resolve/Vehicle Tested - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(5) Motorist Complaint that Station is Unable to Resolve/Vehicle Not Tested - no other documentation is required;

(6) Review of Disputed Test or Inspection - a passing or failing "I" test VIR, an itemized estimate if the test was failed, and a work order or invoice;

(7) Dual Exhaust or Headers - an "I" test VIR, an itemized estimate, and a work order or invoice;

(8) Engine Changes - no other documentation is required;

(9) Failed Vehicle after "I" Te st, Repairs and "A" Test - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(10) Failed Vehicle with Increased Emissions after "I" Test, Repairs and "A" Test - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(11) Failed Vehicle with Increased Emissions after "I" Test, Repairs and "A" Test, Referred for Verification of Proper Repairs - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(12) Failed Vehicle/Mechanic Refuses to Repair Because Repairs will Not Reduce

Emissions - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(13) Grey Market Vehicles - no other documentation is required;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 31 (14) I/M Inspector Request - any appropriate I/M documentation provided by the I/M inspector;

(15) Motorhomes with Nonconforming Engine Changes - no other documentation is required;

(16) Parts On Order - a failing "I" test VIR, an itemized estimate of repairs, an itemized work order or invoice showing full payment in advance for all parts and labor, and a "parts on order" form, fully and legibly completed;

(17) Unavailable Parts - proof provided by the certified mechanic who performed the test that the required parts ar e unavailable, including

(A) a failing "I" test VIR;

(B) an itemized estimate of repairs; and

(C) an itemized work or der or invoice that

(i) identifies each unavailable part by its full name and part number, if known;

(ii) confirms that a part is no longe r available locally or by order;

(iii) provides the name of each parts s upplier contacted, which must include a minimum of three, one of which must be the vehicle dealer; and

(iv) the name of each person spoken to at each part supplier;

(18) Excessive Sample Dilution - an aborted "I" test VIR th at shows excessive sample dilution, and a work order or invoice;

(19) Incompatibility/Technical Problem - an aborted "I" test VIR if produced, and a work order or invoice;

(20) Twin Air Pump Vehicle that Failed the Tailpipe Test - a failing "I" test VIR;

(21) Vehicle Assembled by a Private Party (Kit Car) - no other documentation is required; and

(22) Warranty Verification - a failing "I" test VIR.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 32 (f) A certified mechanic shall perform the repair s listed on the required-repair form provided by the referee facility under (c) of this section. If the repairs canno t be completed for less than the repair cost minimum, or if part s are unavailable for one or more required repairs, the mechanic shall contact the referee facility before proceedin g. The mechanic may not proceed with any repair until all of the required parts are present for that repa ir and the cost to the motorist is established. If the certified station agrees to pe rform the after-repair test and i ssue a certificate of inspection, the mechanic shall sign the required repair form cer tifying that all required repairs were properly performed. The certified station may not charge for th e after-repair test. A cer tified station may not issue a certificate of inspection for a vehicle subject to a refere e-required repair form without approval from the referee facility. After all refe ree-required repairs ha ve been performed, the

certified station shall contact the refe ree facility for fu rther instructions.

(g) An implementing agency may establish alternativ e procedures to those se t out in this section, with department approval.

State effective: 3/27/02; EPA effective: 4/21/10

18 AAC 52.075. KIT CARS AND CUSTOM-MANUFACTURED VEHICLES.

A kit car or custom-manufactured vehicle registered in Alaska before January 1, 1993, is subject to the emissions standards for 1974 model year ve hicles set out in 18 AAC 52.050. The owner or

lessee of a kit car or cu stom-manufactured vehicle that was first registered after December 31, 1992, but before January 1, 1998, shall use an engine and evaporative emissions control system

from a vehicle of the same class that is certified to meet federal emissions standards applicable to 1988 model year vehicles. The owner or lessee of a kit car or custom-manufactured vehicle that was first registered after December 31, 1997, shal l use an engine and evaporative emissions control system from a vehicle of the same class that is certif ied to meet federal emissions standards, including cold temperature carbon monoxide standard s, applicable to 1996 model year

vehicles. The owner or lessee sha ll ensure that the exhaust emissions controls originally intended to be used with the engine, including the comput er and feedback control system, are installed and that the vehicle uses the same catalyst used with th e engine in a certified vehicle or an aftermarket catalyst approved by the implementing agency.

State effective: 2/01/94; EPA effective: 6/5/95

18 AAC 52.080. GREY MARKET VEHICLES.

(a) Except as otherwise provided in this secti on, the department will, and the implementing agency or referee facility may,

(1) inspect a grey market vehicle in accordan ce with importation documents issued by EPA or the manufacturer's emissions decal; and

(2) issue a certificate of inspec tion if the vehicle passes, as required by Part IV of the program manual, theAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 33 (A) visual and functional inspections and the tailpipe emissions standards; or

(B) OBDII portion of the I/M test.

(b) If the importation documents and the manufactur er's emissions decal are not available, but the grey market vehicle has a United States title and has not been modified to comply with EPA emissions requirements, the department will, and the implementing agency or referee facility may

(1) inspect the vehicle according to the m odel year of the vehicle and the emissions control systems present on the vehicle at manufacture; and

(2) issue a certificate of inspection if the vehi cle passes, as required by Part IV of the program manual, the

(A) tailpipe emissions standards; or

(B) OBDII portion of the I/M test.

(c) If the importation documents or the manufacturer's emissions deca l are not available, but the grey market vehicle has a United States title and has been modified to comply with EPA emissions requirements, the department will, and the implementing agency or referee facility may

(1) inspect the vehicle according to the m odel year of the vehicle and the emissions control systems present on the vehicle at inspection; and

(2) issue a certificate of inspection if the vehi cle passes as required by Part IV of the program manual, the

(A) tailpipe emissions standards; or

(B) OBDII portion of the I/M test.

(d) If the importation documents or the manufacture r's emissions decal are not available, and the grey market vehicle does not have a United St ates title, the departme nt will not, and the implementing agency or referee faci lity may not, inspect the vehicle.

(e) This section does not relieve a motorist from any duty to obtain importation documents issued by EPA and the United States De partment of Transportation.

(f) The repair cost minimum is the same for a gr ey market vehicle as it is for a vehicle

manufactured in the United States.

State effective: 3/27/02; EPA effective: 4/21/10Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 34 18 AAC 52.085. VEHICLE MODIFICATIONS.

(a) Subject to (b) of this section, the referee facility sh all, if requested by the motorist, issue a certificate of inspection for a vehicle that has been

(1) converted to dual-fuel use if

(A) the vehicle

(i) meets the emissions standards of 18 AAC 52.050 for the vehicle in its unmodified configuration when tested on each fuel that the vehicle burns; or

(ii) passes the OBDII portion of the I/M test;

(B) the original catalytic c onverter, or a replacement a pproved under this chapter is on the vehicle and functional; and

(C) the vehicle is in compliance with the applicable requirements of 40 C.F.R. 51.351, 40 C.F.R. Part 51 Subpart S, 40 C.F. R. Part 85, 40 C.F.R. Part 86, each as revised as of July 1, 1999, and the Ju ne 1, 1998 EPA guidance document entitled:

Revision to Addendum to Mobile Source Enforcement Memorandum 1A (Revised Tampering Enforcement Policy for Altern ative Fuel Conversions), adopted by reference in this chapter.

(2) retrofitted with a repl acement gasoline engine as described in 18 AAC 52.050(i).

(b) No engine modification may be made unless the modification, and the parts used for that modification, are included on the list in Part V of the program manual.

Editor’s note: A copy of the Revision to Addendum to Mobile Source Enforcement Memorandum 1A (dated June 1, 1998) referred to in 18 AA C 52.085 may be obtained from an implementing agency or at the department’s An chorage, Fairbanks, or Juneau offices. This

document is also available from the Environm ental Protection Agency (EPA), Office of Enforcement and Compliance Assurance, or from the EPA Mobile Source Enforcement Branch of

the Air Enforcement Division.

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.090. REPAIR OF NONCONFORMING VEHICLES.

(a) Based upon guidance issued by the implementing agency, the referee fa cility shall specify repair procedures for a vehicle that does not comply with the requirements of 18 AAC 52.075, 18 AAC 52.080, or 18 AAC 52.085.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 35 (b) For a grey market vehicle, the implementing agency may require the repair of defective emissions control components, but motorists ar e not required to retr ofit emissions control components that were not originally installed on the vehicle.

(c) The referee facility shall issue a certificate of inspection when a vehicle has been modified to comply with the requirements of 18 AAC 52.075, 18 AAC 52.080, or 18 AAC 52.085.

Editor’s notes - 18 AAC 52.090 took effect 2/1/94 as an em ergency regulation. Due to technical corrections made by the regulations attorney in reviewing the “p ermanent” regulation for filing, the permanent regulation as it was publishe d in Register 130, July 1994, differed from the emergency regulation even though the section’s histor y note did not reflect an amendment to that

section.

State effective: 1/1/98; EPA effective: 2/28/00

18 AAC 52.095. MINIMUM CERTIFICATION REQUIREMENTS.

(a) In addition to the other requirements of this ch apter, to obtain department approval for an I/M program, an implementing agency shall meet the minimum requirements of this section.

(b) An implementing agency shall adopt training a nd testing procedures for certifying mechanics to perform I/M tests, repairs, a nd certification unde r this chapter. Proced ures adopted under this subsection must be at least as stringent as those set out in 18 AAC 52.400 - 18 AAC 52.405.

(c) An implementing agency shall use only trai ning courses for mechanics that have been certified by the depart ment under 18 AAC 52.410.

(d) An implementing agency shall adopt procedures for certifying automotive repair facilities to participate in the I/M program as certified stations . Procedures for certifi cation of stations must be at least as stringent as those set out in 18 AAC 52.415.

(e) An implementing agency shall adopt standard s for certifying equipment for use in an I/M program approved under this chapter. Standards for certification of equipment must be at least as stringent as those se t out in 18 AAC 52.420.

(f) An implementing agency shall adopt procedures for renewal of certifications issued by the agency. Procedures must be at least as stringent as those set out in 18 AAC 52.425.

(g) An implementing agency shall adopt procedur es for monitoring certified mechanics and

stations. Procedures must be at least as stringent as those set out in 18 AAC 52.440.

(h) An implementing agency shall adopt procedur es for enforcing the I/M program and for revoking or suspending an I/M certifi cation for violations of program requirements or procedures.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 36 Procedures adopted under this subsection must be equivalent to thos e set out in 18 AAC 52.100 and 18 AAC 52.105, including opportunity for notice, re sponse, and an admini strative hearing.

State effective: 1/1/98; EPA effective: 2/28/00

18 AAC 52.100. ENFORCEMENT PROCEDURES FOR VIOLATIONS BY

MOTORISTS.

(a) To assist an implementing agency, the departme nt will, in its discretion, participate in an

enforcement action taken under this section by the implementing agen cy. The department will, in its discretion, take an enforcement action against a motorist who fails to comp ly with this chapter, with or without participati on of the implementing agency.

(b) If good cause exists, the implementing agency sh all investigate a claim that a requirement of this chapter has been violated by a motorist. If the implementing agency finds that a motorist has violated a provision of this chap ter or of an I/M program admini stered under this chapter, the implementing agency may issue a notice of violati on, advising that the motorist must respond to the implementing agency within the time period speci fied in the notice of violation or risk an enforcement action under (d) of this section. Nothi ng in this subsection re quires a peace officer to

issue a notice of violatio n before issuing a citation under an applicable statut e, regulation or

ordinance.

(c) The implementing agency shall allow a motorist who is issued a notice of violation the time period specified in the notice, afte r receipt of the notice, to provi de to the agency proof that

(1) a vehicle registered outside an I/M area is not principally located or operated in an I/M

area or used to commute into th e Municipality of Anchorage;

(2) the vehicle has a valid waiver under 18 AAC 52.060 that was affixe d to the windshield or displayed in a certificate holde r in accordance with 18 AAC 52.020; or

(3) the vehicle has a valid certificate of inspec tion that was affixed to the windshield in

accordance with 18 AAC 52.020.

(d) If a motorist receives a notice of violation un der this section and fails to respond or provide appropriate proof of compliance with this chapter within the time pe riod specified in the notice, the implementing agency may take one or mo re of the following enforcement actions:

(1) refer the matter for prosecution under AS 46.14.400(j);

(2) refer the matter for prosecution as a class A misdemeanor under AS 46.03.790;

(3) request the division of motor vehicles to revoke the vehicle’s registration; andAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 37 (4) bring a civil action fo r pollution under AS 56.03.760(e).

Editor’s note: 18 AAC 52.100 took effect 2/1/94 as an em ergency regulation. Due to technical corrections made by the regulati ons attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was publishe d in Register 130, July 1994, differed from the emergency regulation even though the section’s histor y note did not reflect an amendment to that

section.

State effective: 12/14/06; EPA effective: 4/21/10

18 AAC 52.105. ENFORCEMENT PROCEDURES FOR VIOLATIONS BY CERTIFIED

MECHANICS OR STATIONS.

(a) If the department or an implementing agency finds, or has cause to believe, that an act or omission of a certified mechanic or an owner, opera tor, employee, partner, officer, or member of a

certified station violates this ch apter, the department will, in its discretion, or the implementing agency may investigate the alleged violation a nd take appropriate compliance action, civil or criminal, against the certified mech anic or certified station based on the nature and severity of the violation and the party’s history of noncompliance. The department will, in its discretion, or the implementing agency may use an overt or covert performance review to investigate a certified mechanic or station. The department will, in its discretion, initiate the compliance action, including an overt or covert performance review, or participate in a comp liance action taken by an implementing agency.

(b) Violations for which the department or an im plementing agency might take action under (a) of this section include the following:

(1) an act or omission by a certified mechanic or an owner, operator, employee, partner, officer, or member of a certified station that causes the mechanic or station to be in violation of any applicable requirement of this chap ter or the program manual;

(2) negligently providing incorr ect or misleading information to the public regarding the requirements of this chapter or the program manual;

(3) causing or allowing a motorist to sign a work order that does not

(A) include the motorist's name and address;

(B) identify the vehicle by ma ke, model, and model year;

(C) list all I/M-related work authorized by the motorist; or

(D) include the vehicle's odometer reading at the time of repair;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 38 (4) failing or refusing to give a motorist a signed copy of any document requiring the motorist's signature;

(5) engaging in conduct that constitutes fraud, deceit, or gross negligence;

(6) failing to follow the inspection and repa ir procedures specified by the vehicle manufacturer or required by this chapter or the program manual;

(7) departing from or disregarding accepte d trade standards for good and workmanlike repair in a manner that is prejudicial to a nother without the motori st’s consent or the

consent of the motorist’s authorized representative;

(8) making false promises likely to influence, persuade, or induce a motorist to authorize the repair, service, or maintenance of a motor vehicle;

(9) entering false data into an EIS;

(10) performing or allowing a repair that is repres ented to the motorist as being required to remedy the cause of an inspection failure or ob tain a certificate of inspection when it is not required;

(11) adjusting or modifying a vehi cle subject to this chapter in a manner that would cause the vehicle to fail an I/M test; this conduct is prohibited rega rdless of when the vehicle is scheduled for an I/M test;

(12) charging for performing an I/M test that is represented to the motorist as being required, when it is not required;

(13) failing to maintain the confidentiality of a mechanic’s access code for the EIS;

(14) allowing I/M-related repair work to be done by someone other than a certified

mechanic without the motorist’s consent;

(15) performing I/M repairs or performing an afte r-repair test on a vehicle described in 18 AAC 52.530(b) on which the certified station ha s not first performed an initial I/M test;

(16) testing a vehicle that is exempt from th e requirements of this chapter under 18 AAC 52.005(f) or that is li sted in 18 AAC 52.530(c);

(17) performing part of the emissions repairs re quired when there is an unavailability of replacement parts or an inability to correct certain emissions defects because of the limitations of a particular station; the only exceptions to this paragraph areAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 39 (A) if the referee facility has confirmed an availability of parts problem, or

(B) if the referee facility has confirmed th at the vehicle has been repaired to the applicable repair cost minimum;

(18) failing to advise the implementing agency of any change in information provided in the mechanic’s or station’s application for certification or for rene wal of certification;

(19) charging for the repair of defects covered by a warranty without the motorist’s written

consent;

(20) replacing a modified carburetor with an af termarket or rebuilt carburetor, unless the replacement is certified by the manufacturer, th e BAR, the CARB, or the EPA to meet the same specifications as the original equipment carburetor;

(21) using excessive time to inspect a vehi cle during a performance review by the implementing agency; inspection time in excess of 60 minutes is considered excessive for the purposes of this paragraph unless due to circumstances beyond the control of the mechanic or station;

(22) failing to report to the implementing agency any illegal certification or other violation of this chapter;

(23) performing any type of prescreening; and

(24) performing an excessive amount of off-line tests; for purposes of this paragraph,

“excessive” means that the number of off-line test s, excluding off-line tests that are a result of problems with either communi cation lines or the VID, is greater than 10 percent of the total number of on-line tests for any given period.

(c) As part of a compliance action, the department will, in its discretion, or the implementing agency may issue a notice of viol ation to the certified mechanic or station unless immediate action is warranted. If required by the department or im plementing agency in th e notice, the certified mechanic or station shall respond to the alleged violations in the time period specified in the

notice.

(d) If the department or implementing agency determ ines that a violation exists and it is in the public interest to do so, the depa rtment will or the implementing agency shall modify, suspend, or

revoke the certification of a mech anic or station. A compliance act ion under this section is subject to the following:Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 40 (1) if the department or implementing agen cy modifies, suspends, or revokes the certification of a mechanic or station, the de partment or implementing agency will send a notice to the mechanic or station stating th at, based on the department’s or implementing agency’s written findings,

(A) the modification, suspension, or revocation is effective 30 days after the date of the notice or, at the discretion of th e department or implementing agency, immediately if criminal misconduct is suspected;

(B) the certified mechanic or station may request an informal agency review under (3) of this subsection or a formal hearing under (4) of this subs ection within 10 days after receiving the notice and that the certifi ed mechanic or station may also request a stay of the modification, suspension, or revocation under (2) of this subsection within 10 days after r eceiving the notice; and

(C) a formal hearing, if requested, will be he ld within 60 days after the department or implementing agency receiv es a request for a hearing;

(2) if a stay is requested, the department will, in its discretion, or the implementing agency may, for good cause shown and upon reasona ble conditions, stay the modification, suspension, or revocation of the cer tification for a reasonable time;

(3) an informal agency review under this subs ection will be before the director of the division of the department that issued the not ice, the director’s designee, the local I/M administrator, or the local I/M administrato r's designee, as applicable; the designee may not be the person who issued the notice; the review will be conducted as follows:

(A) within seven working days after rece ipt of a request for informal agency review, the person who would c onduct the review shall decide if the request merits review;

(B) if the person who would c onduct the review decides th at the request does not merit review, the director of the division that issued the notice or the local I/M administrator, as applicable, shall inform th e mechanic or station in writing of that

decision and include the reasons for the decision; the denial shall include a

statement that the mechanic or station ma y seek a formal hearing under (4) of this subsection;

(C) if the review is granted, the person who will conduct the review may request

additional information from the mechanic or station; the person who conducts the

review shall issue a final decision within 15 days after receipt of the request for review or receipt of additi onal information requested, whic hever is later, and shallAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 41 also advise the mechanic or station of the right to seek a formal hearing under (4) of this subsection;

(D) a mechanic or station that may seek a formal hearing under this paragraph must submit a hearing request within 15 days af ter a decision made under (B) or (C) of this paragraph is served on the mechanic or station; if requested, the formal hearing will be held within 60 days after the depa rtment or implementing agency receives the request for a hearing;

(4) a formal hearing under this subsection shall

(A) be before the commissioner or a person designated by the commissioner to hear the matter and prepare a recommended d ecision for the commissioner’s review or

before the local I/M administrator or a person designated by the administrator to hear the matter and prepare a recommended decision for the administrator's review, as applicable; and

(B) follow the hearing procedures of th e Administrative Procedures Act (AS 44.62);

(5) after a formal hearing conducted by commi ssioner or the local I/ M administrator under (4) of this subsection, the commissioner will or the local I/M admini strator shall affirm, modify, or set aside the modification, suspen sion, or revocation of the certification;

(6) after a formal hearing conducted by a person designated by the commissioner or local I/M administrator to hear the matter and prep are a recommended decision under (4) of this subsection, the commissioner will or the lo cal I/M administrator shall review the recommended decision and either affirm, modify, or set aside the modification, suspension, or revocation of th e certification or return the recommended decision to the designated person for further proceedings , consideration, or recommendations;

(7) the commissioner will, in the commi ssioner's discretion, and the local I/M administrator may permanently revoke certification of a mechanic or station if to do so is warranted by the acts or omissions of the mechanic or station; and

(8) the decision of the commissioner or the local I/M administrator under (5), (6), and (7) of this subsection is a final agency decision.

(e) The department will, in its discretion, and an implementing agency may enter into a compliance order by consent with the certified mechanic or sta tion to remedy the alleged violations rather than bring a compliance action or hold a hearing under (d) of th is section if the certified mechanic or station agrees to waive its right to a hearing and review. If th e department or an implementingAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 42 agency determines that the mechanic or station has failed to timely implement the terms and conditions of the compliance order, the departme nt will, in its discretion, or the implementing agency may start a compliance action to suspend, m odify, or revoke the certification or refuse to

renew a certification.

(f) If a certified mechanic or station voluntarily su rrenders certification, the department will, in its discretion, or the implementing agency may take fu rther civil or criminal enforcement action as appropriate.

(g) A mechanic or station whose certification is suspended or revoked under this section shall immediately surrender the certificate to the depart ment or the implementing agency, as applicable, surrender all unused certificates of inspection to the implementing agency, and cease doing

business as a certified mechanic or station. The implementing agency shall refund the money paid for unused certificates of inspection. The mechanic or station may not advertis e that it is certified

after its certification is suspended or revoked.

(h) If the owner or operator of a certified stati on conducts I/M tests at more than one place of

business and the acts or omissions of the sta tion warrant it, the comm issioner will, in the commissioner’s discretion, and the local I/M admi nistrator may apply an action taken under this section to each such place of business in additio n to the place of business as to which the action

was taken.

(i) Unless the certifica tion was permanently revoked under (c)(7) of this section, a mechanic or

station whose certification was m odified, suspended, or revoked may apply for recertification at any time. In addition to meeting the applic able requirements of 18 AAC 52.400 - 18 AAC 52.440, the mechanic or station must provide evidence th at the mechanic or station has taken adequate

corrective action and has taken ac tion necessary to avoid a reo ccurrence of the violation. The department will, in its discretion, and the implementing agency may refuse to renew the

certification of a mechanic or stati on that fails either to take ade quate corrective action or to take action necessary to avoid a re occurrence of the violation.

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52 Article 4. Cert ification Requirements

18 AAC 52.400. MECHANIC CERTIFICATION.

(a) A mechanic who seeks certific ation under this chapter shall submit an application to the implementing agency on a form provided by the agency. The implementing agency may issue a

certification to a mechanic if that mechanic has

(1) at least two years experience in the auto motive repair industry, or equivalent educational experience;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 43 (2) successfully completed a certified training course in vehicle inspection and repair procedures; for purposes of this paragraph, a "certified training course" is one that has been certified under 18 AAC 52.410; and

(3) passed an examination that has been a pproved under 18 AAC 52.405; for purposes of this paragraph, a passing score is 80 percent or above.

(b) Regularly scheduled examinations shall be he ld at a place and time designated by the implementing agency. The agency shall publish the dates and locations for taking the examination. An applicant who fails the exam ination may, after at least 30 days, apply for

re-examination.

(c) The mechanic competency portion of the ex amination may be given as a screening or challenge test for competency in the area of emissions control sy stem maintenance and repair. A person who passes the screening test may be certifi ed after passing an abbreviated training course that emphasizes the details of the I/M program requirements and procedures and successfully completing the hands-on proficienc y portion of the training course described in (a)(2) of this

section.

(d) If a mechanic includes with the application

(1) a certificate of successful completion of a training cour se certified under 18 AAC 52.410, the implementing agency may waive the competency test described in 18 AAC 52.405(b), and issue certificati on after the mechanic successfully completes the regulations and the hands-on por tions of the examination de scribed in 18 AAC 52.405(a);

or

(2) a current certification issued under this chapter by another implementing agency, the implementing agency will not require the mech anic to take a competency test, but will require successful completion of the rules and regulations and th e hands-on tests.

(e) Certification under this section is valid fo r two years and may be renewed under 18 AAC 52.425. The implementing agency may issue a one -year certification to a mechanic who has received the training and passed th e tests described in (a )(2) and (3) of this section, but who does not meet the criteria listed in (a)(1) of this section.

(f) A mechanic certified under this s ection may perform I/M tests a nd emission-related repairs as described in this chapter and the program manual.

(g) An applicant who requires addi tional time to complete the examination shall notify the implementing agency at least 10 days in advance so that special testing ar rangements can be made. The implementing agency will make appropriate accommodations as required by the AmericansAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 44 with Disabilities Act, including special testi ng accommodations for pers ons unable to take the

standard examination.

State effective: 1/1/98; EPA effective: 2/28/00

18 AAC 52.405. CERTIFIED MECHANIC EXAMINATIONS.

(a) Only an examination certified under this se ction may be used for purposes of certifying

mechanics under 18 AAC 52.400. To be certified under this section, th e examination must

consist of

(1) a comprehensive mechanic competency test described in (b) of this section;

(2) a written test with a test time of approximately one hour , with the test to cover applicable regulations, the writt en test may be given to a m echanic only after the mechanic has attended a lecture and a question and answer period of up to eight hours; the written test must cover all requirements of this chapter, with emphasis on certification of mechanics and stations, tailpipe emissions standards, waiver procedures, quality control, program administration, and enforcement; and

(3) a hands-on proficiency test of a pproximately 30 minutes duration.

(b) Approximately three hours must be allowed to complete the competency test required by (a)(1) of this section, with approxi mately the first half-hour for or ientation and instructions. At

least two and one-half hours must be scheduled for the written competency examination. The competency examination must cover

(1) basic internal combustion gasoline engine operation;

(2) fuel systems, OBDII systems, and emissions control devices; and

(3) engine diagnosis and test equipment operation.

State effective: 3/27/02; EPA effective: 4/21/10

18 AAC 52.410. TRAINING COURSE CERTIFICATION.

(a) Only a training course certified under this section may be used for purposes of certifying mechanics under 18 AAC 52.400. The department will , in its discretion, certify a mechanic's training course if minimum course requirements are equivalent to thos e contained in Part II of the program manual.

(b) A person seeking certification for a traini ng course under this section shall submit to the department:Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 45 (1) a detailed course outline;

(2) a written explanation of how the proposed course compares to the minimum course requirements in Part II of the program manual;

(3) a complete copy of course materials to be used, including workbooks, textbooks, and visual aids;

(4) a description of the facilities available for classroom training;

(5) a detailed description of facilities to be used for hands-on trai ning and testing, including a list of available equipment;

(6) a copy of a typical final examination to be given at the completion of the course work and a description of the grading criteria;

(7) a description of the manner in which the integrity of the examination process will be protected; and

(8) a resume for each instructor, including proof that the instructor has current National Institute for Automotive Service Excellence (SE) L-1 certification and has successfully completed the training course certified under th is section or an e quivalent course as determined by the department.

(c) Before certifying a training course under this section, the department will, in its discretion, require

(1) an interview with one or more instru ctors who will be teaching the course; and

(2) a site visit to inspect the facilities to be used for the hands-on training.

(d) The department will issue certif ication under this sec tion if it finds that students who pass the proposed training course will be capable of accurately following repair procedures set out in Part IV of the program manual.

(e) Use of instructors not identified under (b)(8) of this section, or any other change in the course as certified, requires prior department a pproval and an amended certification.

(f) Certification for a tr aining course is valid for two year s, and must be renewed under 18 AAC

52.425.

(g) After notice and opportunity for hearing, the department will, in its discretion, revokeAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 46 certification if the course is not being conducted consistent with the description and information provided under (b) of this section.

State effective: 2/18/06; EPA effective: 3/22/10

18 AAC 52.415. I/M STATION CERTIFICATION.

(a) An implementing agency may certify an auto repair facility as a certified station if the facility meets the requirements of 18 AAC 52.500 - 18 AAC 52.550. Separate certification is required for each inspection location. Multiple test bays or inspection lanes at one location require a single

certification. Each certification is valid for a single address. A mob ile station may not be certified under this chapter.

(b) A person who seeks certificatio n shall submit an application to the implementing agency on a form provided by the implementing agency. The person shall submit a separate application for each inspection location.

(c) The applicant shall include in the application

(1) the business name under which th e station will be operated;

(2) if the station will be opera ted as a partnership, each partner's name, address, telephone number, and Alaska driver's li cense number or the number of the state identification card issued by the division of motor vehicles under AS 18.65.310;

(3) each officer's name, title, address, and telephone number, if the station will be operated as a corporation; in addition, the a pplication should include the name, address, and telephone number of the corporation's registered agent, and a copy of a board resolution authorizing operati on as a certified station;

(4) the name of the person supervisi ng each location in the I/M area;

(5) the names and certification numbers of all certified mechanics employed by the applicant;

(6) all equipment and supplies th at the applicant intends to ha ve on premises to meet the requirements of 18 AAC 52.500 - 18 AAC 52.550; and

(7) the telephone number of each dedica ted line provided for each EIS.

(d) The owner or operator of a certified station shall report any change in the information provided in an application under th is section to the implementing ag ency within 10 days after the change occurs.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 47 (e) After receipt of a properly completed applica tion, the implementing agency shall determine

whether the information submitted is valid a nd sufficient to warrant certification. The implementing agency may conduct an onsite inspec tion of the proposed f acility to determine whether the necessary equipm ent is present and in pr oper operating condition.

(f) Certification under this section is valid for two years unless

(1) Repealed 1/1/98.

(2) certification is suspended or revoked under 18 AAC 52.105.

State effective: 1/1/00; EPA effective: 3/11/02

18 AAC 52.420. EQUIPMENT CERTIFICATION.

(a) A manufacturer or distributor of emissions test equipment may apply to the department for certification of that equipment for use under this chapter. A person who seeks certification of equipment for use in this state under this chapter sh all provide EISs that are an Alaska version of the BAR 97-certified EIS or equiva lent. The EIS must be modified to meet the specifications set out in Part I of the program manua l. The application must include

(1) the following for California certified hardware:

(A) evidence that the EIS hardware has been certif ied by the BAR;

(B) all applicable BAR certificati ons issued for the hardware;

(C) all documentation submitted to the BAR as part of the hardware certification process, including details on the cert ified hardware configuration; and

(D) a sworn statement by the applicant that the BAR has not revoked certification and that the hardware configur ation of the Alaska EIS is identical to that certified by the BAR except as specified in Part I of the program manual;

(2) the following for an EIS equivalent to the California certified BAR 97:

(A) evidence, such as test data, or descrip tion of another applicat ion or situation in which the hardware has been used; and

(B) evidence that documents the hardware has achieved a level of performance equal to or better than that requ ired under BAR 97 certification;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 48 (3) documentation that the Alaska version of the BAR 97-certified EIS or equivalent operates in a manner consistent with the in spection requirements, the EIS use examples,

and the emissions standards contained in Part IV of the program manual;

(4) the specific display prompts and programming of the EIS as set out in Part I of the program manual, including a printe d representation of all screen displays that a technician might encounter when using the EIS;

(5) a certified statement that the EIS has been de signed to meet the requi rements of Part I of the program manual;

(6) an instruction manual for the EIS satisfying the requirements of Part I of the program manual;

(7) a certification signed by an authorized company representative that includes:

(A) a statement that the applicant will provide or arrange for service and

maintenance and that addresses

(i) lock-out correction;

(ii) service providers located in this state;

(iii) response time of three days or less from the time a service call is made from any I/M area in this st ate to provide the service;

(iv) completion of all on-site repairs with in five working days from the time the service call is made;

(v) providing a loaner EIS should the an alyzer be unrepairable within five working days from the time the service call is made;

(vi) an on-call service technician Monday through Saturday; and

(vii) a 24 hour call-in system and proce dures that allow an EIS owner to contact the service technician or place a service call; and

(B) a full description of applicable warranty provisions including

(i) service response time and local or toll-free service contact phone number; andAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 49 (ii) a certified copy of the warranty form that will be presented to prospective purchasers and provided with all EISs sold in this state;

(8) a year 2000 compliance statement;

(9) Underwriters Laboratory (UL) or other approved certificati ons for all system hardware;

(10) a statement that the applicant warrants th at each EIS will be free from defects in materials or workmanship as required in Part I of the program manual;

(11) a statement that the applicant will pr ovide a software update of up to 750 programming hours at no cost for development or installation and that additional software updates necessary to comply with revisions to the requirements of Pa rt I of the program manual will be made by the applicant within si x months after receiving a notice from the department that a softwa re revision is necessary;

(12) a statement that the applicant will provid e two EISs for evaluation by the department or its designee as required by (b) of this section;

(13) a statement that the appli cant recognizes that successful completion of the evaluation under (b) of this section doe s not relieve the applicant from any software warranty requirements;

(14) a description of the serv ice technician access security system the applicant has implemented in EISs to be sold in this stat e; the pages of the a pplication describing the security system shall be marked CONFIDENTIAL and kept separate from the rest of the application;

(15) documentation that demonstrates the ability of the EIS to communicate with the VID

and evidence that the EIS can interface for al l EIS-VID information interfaces as described in Part 1 of the program manual; and (16) a statement that the appli cant will pay all reasonable costs incurred by the department in excess of $20,000 in its evalua tion of the EIS for consistenc y with the requirements of this chapter and th e program manual.

(b) An applicant for certificati on under this section shall subm it two EISs for evaluation by the department or its designee. The applicant wi ll be given the opportunity to correct minor discrepancies without the need for re-evaluation. Upon certification, the applic ant shall transfer ownership of the two EISs to the department.

(c) The department will certify an EIS that meets the requirements of Part I of the program manual

and this section.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 50 (d) Annual renewal of certification under 18 AAC 52.425 is required. Renewal of certification will be approved upon a determination by the department that the applicant has complied with any software update requirements impos ed under this section or Part I of the program manual and with

all service and maintenan ce requirements identified under (a)(7 )(A) of this section and has not committed a violation for which the department mi ght take a compliance action as described at 18 AAC 52.110(b).

(e) Certification of an EIS ma y be modified, suspended, or revoked under 18 AAC 52.110 if the department determines that the EIS does not fully comply with all portions of the analyzer specifications set out in Part I of the program manual or that the manufacturer has committed a violation for which the department might ta ke compliance action as described at 18 AAC 52.110(b).

(f) The department will, in its discretion, limit susp ension or revocation of the certification for an

EIS to future sales of that EIS. EISs in serv ice at the time the department imposes a limited suspension or revocation that do not conform to an alyzer and update specifications will be locked out until they are brought into compliance at the discretion of the department. If the department limits the suspension or revocation of an EIS to futu re sales, the department will notify all certified stations and other representatives of the repair industry that the cer tification of that EIS has been suspended or revoked for EISs put into service af ter the date of the suspension or revocation. If problems identified are not corrected within the time specified by the department, the department will, in its discretion, suspend or revoke certificati on for all EISs affected, including those EISs in service at the time of the initial suspension or revocation.

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52.425. RENEWAL OF CERTIFICATION.

(a) A person who has received certification under 18 AAC 52.400 - 18 AAC 52.420 shall apply for renewal on a form provided by the implementing agency. An application for renewal must be

filed at least 30 but no more than 90 da ys before certification expires.

(b) Renewal of certification of a traini ng course approved under 18 AAC 52.410 requires revisions to the course to accommodate changes in the I/M program.

(c) A certified mechanic's certification expires on its expiration date unless the mechanic renews

certification under this section. To renew an I/M mechanic certific ation, a mechanic must pass a

recertification exam ination. The mechanic shall bring a re newal application and the mechanic's

current certification to the recertif ication examination. To be r ecertified, the mechanic must pass a written test and a hands-on proficiency test with a score of 80 percent or higher. The written test must be equivalent to the examination desc ribed under 18 AAC 52.405 and must include sections on mechanic competency and I/M program regulations.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 51 (d) The department will, in its discretion, approve an alternate method of recertification in an implementing agency’s design document if the implementing agency demonstrates that the

alternate method will assure that a mechanic recertified under th at method will be qualified to carry out the requirements applicable to certified mechanics under this chapter.

(e) A mechanic may act as a certified mechanic fo r purposes of this chapter only while holding a valid, current certification. If a mechanic fails to renew the certification be fore it expires, that mechanic is prohibited from performing any activ ity requiring certification under this chapter.

(f) The implementing agency may in spect a certified station be fore renewing the station's certification. An applicant for renewal shall meet all conditions required for initial certification under 18 AAC 52.415. If certification has expired, the applicant for rece rtification may not perform an I/M test until recertif ication is approved. It is the owner's or operator's responsibility to know when the certification expires and to co mplete the renewal process before certification expires.

(g) The implementing agency may refuse to renew certification

(1) if the application is inadequate or inaccurate , or if the applicant has had a certification suspended or revoked under this chapter; or

(2) of a training course if the course is shown to be inadequate to ensure that students will be able to accurately follow repair procedures equivalent to those in Part IV of the program

manual.

State effective: 1/1/98; EPA effective: 2/28/00

18 AAC 52.430. DUTY TO REPORT CHANGE IN STATUS.

A certified mechanic or station shall report to the implementing agency any change in the I/M-related status, including a change in employmen t or in the home or mailing address, within 10 days after the change occurs.

State effective: 2/01/94; EPA effective: 6/5/95

18 AAC 52.440. MONITORING OF CERTIF IED MECHANICS AND STATIONS.

(a) The implementing agency shall conduct routine performance reviews of certified mechanics

and stations and shall send vehi cles used for overt and covert performance reviews through a certified station to determine whether proper in spections and repairs are being performed. The implementing agency may

(1) perform other inspections, conduct quality control check s, and otherwise monitor mechanic and station performance; andAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 52 (2) contract for the analysis of data recei ved from certified stations, and for other

assistance.

(b) The implementing agency may dir ect its referee facility to

(1) alter a vehicle’s emissions c ontrol system for the purposes of creating an intentional emissions problem that should be readily iden tifiable by a certified mechanic or station during an overt or covert performance re view of the mechanic or station;

(2) verify and document any al teration made under (1) of th is subsection, including the status of the vehicle’s emissions control system and emissions levels, before the vehicle is

taken to the certified station fo r the performance review; and

(3) determine the results of emissions repairs ma de on a documented vehi cle at the certified

station.

(c) After the overt or covert performance review, the implementing agency shall give the certified station a copy of the description of any alteration made by the refer ee facility under (b)(1) of this

section.

(d) A certified station may not charge for an overt performance review conducted under this chapter.

(e) The owner, operator, or an employee of the station shall allow a re presentative of the implementing agency to

(1) have immediate access to the st ation during normal business hours;

(2) observe all activities related to I/M testing and repair of ve hicles under this chapter; and

(3) have reasonable access to re cords, including certificates, invoices, work orders, VIRs, estimates, and other documents related to the I/M program.

(f) Except when a test or repair using the EIS is in progress, the owner or operator of a certified station, or a certified mechanic, sh all provide immediate access to th e EIS so that a representative of the implementing agency may perform any check, reprogramming, disk change, or other system-related inspection, modification, or service. If a test or repa ir is in progress, the owner, operator, or mechanic shall provide access to the EIS when the test or repair is completed, or within one hour of the request fo r access, whichever first occurs.

State effective: 1/01/00; EPA effective: 3/11/02Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 53 18 AAC 52.445. SUSPENSION OR REVOCATION OF CERTIFICATION.

A certified mechanic or station found by the implem enting agency to be in noncompliance with a requirement of this chapter risks suspensi on or revocation of cer tification under 18 AAC 52.105.

State effective: 2/01/94; EPA effective: 6/5/95

18 AAC 52 Article 5. Certifie d Station Requirements

18 AAC 52.500. GENERAL OPERATING REQUIREMENTS.

(a) No person or business may post a sign or otherwise advertise a facility as a certified station or solicit or offer to perform an I/M test if that person or business is not certified under this chapter. The owner or operator of a certified station sh all employ only certified mechanics to perform emissions repairs and inspections required under th is chapter. The owner or operator shall ensure that all equipment is properly main tained and calibrated and that an y repair or inspection subject to this chapter is done as required by the vehicle manufacturer, this chapter, and the program manual, including

(1) ensuring that each EIS has b een certified under 18 AAC 52.420;

(2) following, and requiring mechanics employe d by the station to follow, the testing procedures and meeting the inspection standard s set out in Part IV of the program manual;

and

(3) using only original equipmen t manufacturer’s parts, aftermarket parts th at meet original equipment manufacturer specifications, or the af termarket parts authoriz ed for use in Part V of the program manual.

(b) The owner or operator of a certified station shall ensure that the certified station

(1) is constructed and equipped to comply w ith applicable federal, state, and local requirements;

(2) is heated and cooled as necessary to

(A) maintain the temperature at the operating range specified for the EIS by the EIS manufacturer; and

(B) prevent excessive temperature fluctuations;

(3) provides 110-120 volt power for the EIS from an approved source of electricity thatAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 54 (A) supplies a consistent s ource of electricity; and

(B) enables the EIS to meet or exceed the minimum operating requirements for the analyzer;

(4) provides adequate ventila tion for exhaust gases; and

(5) is equipped with a separate telephone line for each EIS that is connected to the EIS at all

times.

(c) The owner or operator shall ensure that I/M test s and other work subject to the requirements of this chapter are pe rformed only at the certified location.

(d) Upon request, the certified station shall return a replaced part to the motorist after repair work is completed, except a part required to be retu rned to the manufacturer or distributor under a warranty or exchange arrangement. If a part must be returned to the manuf acturer or distributor, the station shall first give the motorist an opportunity to inspect the part.

(e) Except as otherwise provided in this subsection, if a certified mech anic or station elects not to do further work on a vehicle, the mechanic shall re move, at no cost to the motorist, any parts that were installed, and shall refer th e motorist to the referee facili ty. If the mechanic has properly performed the correct repairs, the station may charge the motorist fo r the repair, refe r the vehicle to the referee facility, and agree to comply promptly with the decision and inst ructions of the referee facility.

(f) If a certified station cannot accurately test a vehicl e, the station shall refe r the vehicle to another

certified station. If a certified st ation cannot competently repair a ve hicle, the station may refer the

vehicle to another certifie d station or to a noncertified repair faci lity. If the certified station refers a vehicle to a noncertified repair facility for I/M-related repairs, the owner or operator of the certified station must fully inform the motorist of all rights, privileges, and advantages that the motorist might lose if repairs are performed at a noncertified facility.

(g) A certified mechanic or station shall inform each motorist that the vehicle must be registered with DMV within 90 days after a certificate of inspec tion is issued, and that failure to register the vehicle within 90 days will require the motorist to obtain a new certificate of inspection and to pay for another test. If the motorist requests an I/M te st for a vehicle with a registration due date more than 90 days in the future, the mechanic or stat ion shall obtain the motorist’s signature on an acknowledgment that the motorist was informed of the 90-day limit. The mechanic or station shall

secure authorization as follows:

I acknowledge notice that I must register my vehi cle with DMV within 90 days after a certificate of inspection is issued, or obtain a new certificate of inspection if I have not registered the vehicleAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 55 before the 90 days have passed. I understand that I would have to pay to have my vehicle inspected again in order to receive the new certificate.

_________________________ ________ (signature) (date)

(h) A certified mechanic shall inform the motorist that emissions defects that are not caused by tampering might be covered by warra nty and that the motorist may ta ke the vehicle to the referee facility for inspection before havi ng repairs performed or to the ma nufacturer’s representative for inspection and repairs.

(i) A motorist may elect to bypass the referee facility under (h) of this section. The motorist may go directly to the warranty repair facility or may pay to have the repairs perfor med at a repair facility of the motorist’s choice. The implem enting agency will not be able to offer assistance if the results are not satisfactory. If the repair f acility is a certified st ation, another initial te st, at the motorist’s expense, is required on the vehicle before the repair.

(j) Each certified station shall document to the implementing agency those motorists who are referred to the referee facility for warranty veri fication. Documentation mu st be in the following language, signed by the motorist:

I acknowledge that I have been referred to the refe ree facility by [insert na me of person who made the referral].

_________________________ ________ (signature) (date)

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52.505. DISPLAY OF CERTIFIED STATION SIGN.

(a) Only a station certified under this chapter may displa y a sign or shield b earing the inscription "Certified I/M Station, Test and Repair." The si gn must conform to the design shown in Figure 1

and must be bordered and lettered in light chrome yellow. The background must be royal blue. The word "CERTIFIED" must be in 21/4 inch high go thic letters at the top of the sign. "I/M" must appear where indicated in Figure 1 in four-inch high gothic letters below the word "CERTIFIED". The word "STATION" must appear where indicate d in Figure 1 in 21/4 inch high gothic letters

below "I/M". The words "TEST AND REPAIR" must appear on two lines at the bottom of the sign in 11/2 inch high gothic letters. All dimensions of the sign may be increased or decreased in uniform proportion.

Figure 1 Certified I/M Station SignAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 56 (b) A certified station is not required to display th e official I/M shield, but the following terms are reserved and may appear only on an official shield:

(1) "certified I/M station";

(2) "certified";

(3) "test and repair";

(4) repealed 6/24/94; and

(5) "testing station".

State effective: 2/01/94; EPA effective: 6/5/95

18 AAC 52.510. DISPLAY OF CERTIFICATES.

A certified station shall prominently display in the customer servic e area each certif ication issued under this chapter for that station and for each certified mechanic employed by the station. The certifications must be displayed in a manner that is legible by customers while a work order is being completed.

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.515. INSPECTION CHARGES.

(a) A certified station shall post in its customer se rvice area a clearly le gible sign that statesAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 57 (1) the total cost for an I/M test, pass or fail; or

(2) the cost for an I/M test and the cost for a certif icate of inspection, if the vehicle passes the inspection, with each co st listed separately.

(b) If different inspection charges are imposed fo r different vehicles or circumstances, each separate charge must be posted.

(c) In addition to posting inspection charges, the station shall complete and provide each motorist with a cost quotation for the I/M test and issuance of a certificate of inspection. The quotation must be made by an employee of the station and agreed to by the motorist before an I/M test is

conducted.

(d) The mechanic or station shall ensure that the motorist is

(1) advised that the

(A) inspection cost covers only the inspect ion of the vehicle and, if the vehicle

(i) passes the inspection, the ce rtificate of inspection; or

(ii) fails the inspection, the cost of prepar ing a written repair estimate except as provided in (e) of this section;

(B) cost of any necessary repairs are not included in the in spection cost; and

(2) given a written itemized repair cost estimate, as described in (e) of this section, if the vehicle fails the inspect ion, and advised that

(A) another facility may perform the repairs;

(B) an additional inspection f ee may be charged if the vehicle is taken to another certified facility for repairs; and

(C) there is no charge for an af ter-repair test if the repairs are performed at the station that performed the initial test.

(e) Unless the implementing agency provides otherw ise, after a failed test, the certified station shall give the motorist a written repair estimate for all necessary I/M repair work that separately lists the cost of performing the la bor and the cost of pr oviding the parts. A written repair estimateAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 58 (1) Repealed 1/1/2000.

(2) may be prepared after preparing an init ial estimate for the cost of performing a recognized diagnostic procedure if that procedure is needed to determine the exact repair required; for purposes of this paragraph, "recognized diagnostic procedure" means a procedure listed in a current emissions cont rol repair manual approved by an implementing agency under 18 AAC 52.520(b);

(3) may not be an open-ended estimate;

(4) must state the maximum amount to be charged for each repair or procedure;

(5) must be created by the certified station as part of the I/M test, and the cost of the estimate must be included as pa rt of the cost of the test;

(6) may be based upon the cost of original equi pment manufacturer (OEM) parts and repair procedures if the estimate is for repair of a vehicle that is covered by a manufacturer’s warranty; and

(7) must reflect the least costly repair procedur es available that sati sfy the requirements of this chapter if the estimate is for repair of a vehicle that is not c overed by a manufacturer’s warranty; the motorist may specify a repair procedure that costs more than the repair procedure specified in the certif ied station’s estimate, but if the motorist specifies a more costly repair procedure, the co st of the repairs that exceeds the certified station’s written repair estimate based on the leas t costly repair procedure may not be applied to satisfy the repair cost minimum.

(f) No work may be done and no charges may accrue until authorized by the motorist. No charge may be made for work done or parts supplied in ex cess of the estimate without the motorist's oral or written consent. For an oral consent, a statio n employee shall enter on th e work order or invoice the date, time, name of the person who authorized the additional repairs, telephone number, if any, and a detailed summary of the additional parts, la bor, and total addi tional cost. After completion of repairs, a station employee shall request the moto rist to sign a notice and consent form in the following language:

I acknowledge notice and my oral approval of an increase in th e original estimated price.

____________________ (customer's signature)

(g) The certified station shall include in the wr itten estimate a statement of any specialized automotive repair service that, if required to be done, will be done by another person. The station isAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 59 responsible for this specialized, s ubcontracted service in the same manner as if the station or its employees had done it. No service may be done by someone other than the cer tified station without the motorist's consent. Unless the implementing ag ency requires otherwise, the station shall obtain

the motorist's consent as follows:

I acknowledge notice and approval of the subcontra cted inspection and re pairs indicated above.

______________________ ______ (signature) (date)

(h) If the motorist's consent for a subcontracted repair is oral, a station employee shall make a notation on the work order of the date, time, name of person authorizing th e subcontracted repair, telephone number called, if any, a description of each subcontracted repair to be performed, and the cost of parts and labor for each repair. Unle ss the implementing agency requires otherwise, after the repair work is completed, the station employee shall request the motorist to sign the following statement:

I acknowledge notice and oral approval of the subcontracted inspection and repairs indicated

above.

______________________ ______ (signature) (date)

(i) If the motorist authorizes subc ontracted repairs under (g) or (h) of this section, an employee of the certified station shall deliver the vehicle or part to be repaired to the subcontractor and retrieve the vehicle or part after the re pairs are completed. The certified station shall then perform an after-repair I/M test. The owner or operator of the certified stati on shall pay the subcontractor and the motorist shall pay the certified station for the repair.

(j) A certified station may not char ge a fee, and shall give the mo torist a work order or invoice marked "no charge," for the following work:

(1) an inspection performed by a certified station after repair s have been performed on a vehicle at that station;

(2) Repealed 1/1/2000.

(3) an inspection of a vehicle under an overt performance review;

(4) an aborted test, unless the test was reque sted by the customer for purposes other than obtaining a certificate of inspection;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 60 (5) an inspection performed when no es timate was provided to the motorist;

(6) a second I/M test after the motorist has been referred to the referee facility or to the dealer on a recall advisory;

(7) repealed 3/27/2002;

(8) an I/M test on a vehicle that fails the test if the station cannot repair that vehicle within a reasonable period;

(9) the repair of defects covered by a warranty un less the repair is requested by the motorist at a facility other than an aut horized warranty re pair facility;

(10) any emissions-related repair made to the vehicle before the initial I/M test, unless allowed by an implementing agency; and

(11) any emissions-related repair made to a vehi cle with a registration that will expire in less than 90 days unless the vehicle has been inspected and a repair estimate has been prepared.

(k) If the cost quotation issued unde r this section includes a free or reduced-charge I/M test with the purchase of some other service, the certified st ation shall provide the motorist with a complete I/M test before providing or char ging for the other service. If th e vehicle fails, the station shall perform a complete I/M test and provide the moto rist with all other required documents before providing or charging for th e originally advertised additional service.

(l) Repealed 1/1/2000.

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.520. REQUIRED TOOLS AND EQUIPMENT.

(a) A certified station shall have available for us e by its employees, the tools and test equipment necessary to conduct vehicle I/ M tests, including at least one EIS certified under 18 AAC 52.420. If a vehicle manufacturer specifie s that special tools or testing e quipment must be used to perform certain repairs on certain vehicles, the station shall have that equipm ent, or its equivalent, available when those repairs are performed on those vehicl es. The requirements of this subsection do not preclude specialty subcontracted repair s, with the customer’s consent.

(b) The owner or operator of a certi fied station shall keep on the pr emises a current copy of this chapter, the I/M program manual, updates to the manual, and all other documents required by the implementing agency, and shall make those docum ents available to th e certified mechanics employed by the station. The owner or operator shall maintain a library of current emissionsAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 61 control repair manuals approved by the implemen ting agency (such as Motor Emission Control Manuals, Chilton Emission Control Manuals, Mitc hell Emission Control Manuals, Mitchell Engine Performance Manuals, Mitchell Light Tr uck and Van Service Manuals, and Mitchell Passenger Car Service Manual (for 1989 only), or a computerized version of these manuals) for use with each imported and domestic passenger car or light-duty truck included in the I/M

program.

(c) In addition to the requirements of (a) and (b) of this section, the owner or operator of a certified

station shall have on site all t ools and equipment necessary for emissions-related I/M tests and repairs, including, at a minimum, the equipment listed in this subsection for use by certified

mechanics for each vehicle make and model that th e station repairs. The owner or operator shall keep the equipment operational and well-maintain ed. The meters, gauges, and other equipment may be furnished either as separate items or as co mponents of a complete system such as an engine analyzer. Equipment requirements include wrenches , socket sets, screwdri vers, thickness gauges, pliers, other tools necessary to pe rform tuneup-related repairs, and

(1) specifications for each EIS and other test equipment adopted by the implementing agency under 18 AAC 52.035(c)(3);

(2) a high impedance digital ohmmeter;

(3) a hand-held voltmeter;

(4) an engine tachometer;

(5) a hand-operated vacuum pu mp with pressure gauge;

(6) an ignition timing light;

(7) an engine compression test gauge;

(8) scan tools, supplemental analyzer provisions , or detailed referen ce materials sufficient to allow the extraction and interpretation of diagnostic trouble codes from any vehicle equipped with an exhaust oxygen sens or and malfunction indicator light;

(9) repealed 1/1/97;

(10) a current quick-reference emi ssions control systems applications guide, located on or near the EIS;

(11) a dual probe attachment for the EIS;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 62 (12) a choke checker or equivale nt instrument that produces sufficient heat and cold to satisfactorily check the operation of bulb-type intake air heaters;

(13) a propane enrichment car buretor adjustment kit;

(14) calibration gases approved under Part I, Section 6 of the program manual;

(15) a separate, dedicated telephone line connected to each EIS;

(16) a separate, dedicated supply of shop air for use at the EIS; and

(17) any other special tools or equipment mandated or recommended for use by each

vehicle manufacturer for each ve hicle the station repairs; and

(18) in each facility, one di al-up Internet account that is

(A) established with the tel ecommunications utility under contract with the state to provide telecommunications se rvices to the state; and

(B) dedicated for remote access communications between the department and the

(i) EIS

(ii) division of motor vehicles in the Department of Administration; and

(iii) implementing agency.

State effective: 2/18/06; EPA effective: 4/21/10

18 AAC 52.525. REMOTE STATION OPERATION.

The implementing agency may not certify a mobile I/M test station under this chapter, but may permit I/M tests to be performed at locations not normally used as I/M stations. The implementing agency may issue a remote I/M station certificat ion to an I/M station seeking remote operation capability. A remote station shall be certified if

(1) the station provides only I/ M tests, with no repairs performed at the remote site;

(2) the operator currently operates a cert ified station at a permanent location;

(3) written notice is provided to the implementing agency at least two working days before any I/M tests are performed at the remote location; notice under this paragraph mustAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 63 include the date, beginning and ending times of operation, location of the remote operation,

the mechanic’s name and certification number , and the serial number of the EIS;

(4) the facility where remote operations are to be performed meets the applicable requirements of 18 AAC 52.500 and is open for inspection by the implementing agency when I/M tests are being performed;

(5) certificates are displayed as required in 18 AAC 52.510 and kept separate from those issued to any other station;

(6) all records and files are maintained at the permanent station designated in the application;

(7) field inspectors are granted access to perform overt and covert perf ormance reviews at the remote station, including a review of work orders, VIR records, re pair estimates, other I/M documentation, and an inventory of all certificates of inspection issued at the station; if an employee is not available to provide access, the station shall provide the records as soon as the activity that the employee is engaged in is completed, or within one hour, whichever occurs first;

(8) the manufacturer of the EIS has reviewed the proposed operations and has certified to the implementing agency that the system will pe rform within design specifications for that system under the type of operation proposed at the remote station, including provisions for overnight storage, minimizing temperature fluctuations between storage and operating environments, transportation pro cedures, and electrical supply;

(9) the manufacturer continues to warrant the EIS; and

(10) the I/M station meets appli cable requirements of this chapter whenever I/M tests are performed by a certified mechanic at the re mote station, including the requirements regarding a dedicated phone lin e for the EIS, certified mech anics, tools, equipment and

reference materials.

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52.527. PRESCREENING PROHIBITED.

Prescreening is prohibited.

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52.530. PRELIMINARY INSPECTION.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 64 (a) Unless provided otherwise in th is section, and after a motorist accepts a cer tified station’s cost quotation, the station sha ll inspect all vehicles subject to inspection under this chapter.

(b) A certified station shall first determine whether a vehicle is subject to this chapter. The owner or operator of the certifie d station, or a certified m echanic employed by the st ation shall inform the motorist that an inspection is not required for a vehicle

(1) that is exempt under 18 AAC 52.005(f);

(2) with a registration renewal date mo re than 90 days in the future;

(3) Repealed 1/1/98; and

(4) with a registration renewal due the next year, unless the rene wal date is 90 days or less

in the future.

(c) Unless the implementing agency provides otherwis e, the owner or operator of the station, or a certified mechanic employed by the station, shall refer the following vehicles to the referee facility or the implementing agency for an I/M test or to verify qualification for a waiver under 18 AAC

52.060:

(1) a diesel-fueled vehicle;

(2) a grey market vehicle;

(3) a vehicle designed or modified to run on an alternate fuel; the referee facility or a certified station that has been approved by the department to test dual-fuel vehicles will inspect a dual-fuel vehicle in this category to ensure that all required equipment is present and operable; the referee fac ility or a certified station th at has been approved by the department to test dual-fuel vehicles will perform one I/M test on the vehicle in the gasoline mode and one I/M test while the vehicle is in the alternate-fuel mode to ensure that tailpipe emission levels that are measured by both tests meet the standards in 18 AAC 52.050; a vehicle using an oxygenated fuel blend approved for use under 18 AAC 53 may be tested at any certified station;

(4) a vehicle equipped with an engine other th an the engine originally installed in the vehicle, except that

(A) a vehicle with a label affixed to it by the referee facility may be I/M-tested to the specifications stipulated on the label;

(B) an engine of the same size remanufactur ed for the correct application is notAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 65 considered a different engine for purpos es of this paragraph, and a vehicle contain-ing such an engine may be I/M-tested; and

(C) repealed 1/4/95;

(5) a vehicle with its odometer reading obscu red or unreadable for any reason, unless the motorist authorizes its repair;

(6) a used vehicle that was purchased from a person engaged in the business of selling used vehicles and that requires a transfer of ownership unde r AS 45.45.400(a); for a vehicle described in this paragraph, the certified mechan ic or station shall refe r the motorist to the dealer who sold the vehicle; and

(7) a vehicle that causes the EIS to abort the I/M test due to incomp atibility between the

vehicle and the EIS.

(d) After determining that a vehicle is subject to an I/M test, a certified mechanic or station shall conduct, at no charge to the moto rist, a preliminary safety inspection before testing. With the implementing agency’s approval, the preliminary inspection may be included as part of the I/M test. The mechanic or station shall reject for te sting, or abort the test on, any vehicle found to be unsafe. The following are examples of situations that could preclude proper completion of an inspection or test:

(1) major oil system leak;

(2) major transmission leak;

(3) major coolant system leak;

(4) fuel system leak;

(5) excessive exhaust system leak;

(6) unable to hold steady engine RPM;

(7) unusual engine noises;

(8) engine warning light on;

(9) Repealed 1/1/98; and

(10) any other safety problem on the vehicle th at makes the vehicle unsafe for testing.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 66 (e) After a certified mechanic determines that a vehi cle needs an I/M test and that any defect listed in (d) of this section has been repaired as required by 18 AAC 52.060, the certified mechanic shall perform a complete I/M test

(1) as required by this chapter; or

(2) if requested by the motorist.

State effective: 1/01/00; EPA effective: 3/11/02

18 AAC 52.535. TEST ABORT CONDITIONS.

(a) If a vehicle becomes untestable during an I/M test, the certified mechanic may abort the I/M test. The EIS must allow the operator to abort duri ng the data entry or the I/M test. The EIS must request the reason for aborting the I/M test and print a vehi cle inspection report (VIR) the mechanic shall give to the motorist.

(b) The station may not charge the mo torist for an aborted test unle ss the customer requests the test for purposes other than obtaini ng a certificate of inspection.

(c) If the condition that caused an I/M test to abort is due to the incompatibil ity of a vehicle and the EIS, the mechanic shall refer the motorist to the referee facility.

Editor’s note: 18 AAC 52.535 took effect 2/1/94 as an em ergency regulation. Due to technical corrections made by the regulati ons attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was publishe d in Register 130, July 1994, differed from the emergency regulation even though the section’s histor y note did not reflect an amendment to that

section.

State effective: 3/27/02; EPA effective: 4/21/10

18 AAC 52.540. OFFICIAL I/M TESTING.

(a) A certified mechanic shall perform official I/M testing as required in Pa rt IV of the program manual. Before providing the motorist with an item ized estimate of repairs, the certified mechanic shall confirm that all parts are available for each repair, subject to the repair cost minimum. A certified mechanic may not begin a repair until all part s for that repair are available at the station. If parts are unavailable for one or more repairs, the certified mechanic shall provide the documentation listed in 18 AAC 52.070(e)(17).

(b) The certified station shall issue to the motorist a VIR for each ve hicle inspected at that station

that indicates whether the vehicl e passed or failed its I/M test.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 67 (c) The certified mechanic who conducts the I/M test shall

(1) calibrate and maintain each EIS and test equipment in accordance with the calibration and quality control procedures adop ted by reference in 18 AAC 52.035(c)(1);

(2) measure the concentrati on of hydrocarbons, carbon mono xide, carbon dioxide, and oxygen at the tailpipe of a warmed-up vehicl e at curb idle and at 2500 rpm in accordance with test procedures adopted by referen ce in 18 AAC 52.035(c)(2) or, for non-exempt 1996 and newer model year vehicles, perform the OBDII portion of the I/M test;

(3) use an EIS that has been certified by th e department under 18 AAC 52.420 and install and maintain a separate, dedicated telephone li ne for each EIS as required in the program manual;

(4) compare measured emissions of carbon mon oxide and hydrocarbons to the emissions

standards in 18 AAC 52.050 or the alternativ e standards established under 18 AAC 52.055 or, for 1996 and newer model year vehicl es not exempted under 18 AAC 52.050(a)(1), perform the OBDII portion of the I/M test;

(5) perform visual inspection and functi onal tests on 1975 through 1995 model year vehicles and, as required by the implementing agency, on model year 1996 and newer vehicles for the presence and proper operation of the following emissions-related parts:

(A) positive crankcase ventilation (PCV) valve;

(B) air injection system;

(C) vacuum hoses and wiring;

(D) catalytic converter;

(E) emissions control system warning lights;

(F) oxygen sensor;

(G) major vacuum leaks;

(H) manifolds and ignition;

(I) intake air heater;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 68 (J) carburetor or fuel injection system;

(K) early fuel evaporation (EFE) system;

(L) exhaust gas recirculation (EGR) system; and

(M) fuel evaporative control system;

(6) test exhaust emissions at curb idle and 2500 rpm of all vehicles subject to the I/M program, as determined by the implementing agency under 18 AAC 52.035(b); and

(7) test the on-board diagnostic system on those vehicles su bject to OBDII testing as provided in Part I of the program manual.

State effective: 3/27/02; EPA effective: 4/21/10

18 AAC 52.545. PARTS ON ORDER. (a) If, as part of an I/M test performed under 18 AAC 52.540(a), a certified mechanic determines that necessary repairs ca nnot be made before a vehicle's registration expires, the mechanic or station personnel shall complete an I/M estimate and determine parts availability. If the required parts are available locally, and the certified mechan ic can complete the repairs in less than two weeks, the motorist shall have the vehicle repaired and tested before it is certified regardless of the

date when the vehicle’ s registration expires.

(b) If the certified station cannot complete the n ecessary repairs because required parts must be ordered, the certified station shall provide th e motorist with the documentation that the implementing agency requires the motorist to su bmit to the implementing agency or the referee facility along with the vehicle and the vehicle registration. The implementing agency may require the station to provide the documenta tion listed in 18 AAC 52.070(e)(16).

(c) If the certified station where the failing I/M test was performed cannot complete the necessary repairs because the required parts must be ordere d, the implementing agency or referee facility may issue the motorist a temporary permit allowi ng the vehicle to be driven while parts are procured. The cost of parts and labor to repair the vehicle must be paid before a temporary permit may be issued under this subsection. A temporary permit may not be issued to a vehicle that is registered with a seasonal-use waiver between November 1 and March 31. A temporary permit issued under this subsection is valid for 30 days.

(d) The certified station shall advise the motorist to keep the information listed in (c) of this section with the vehicle registra tion and to take the informati on along with the vehicle to the referee facility for a temporary permit. The referee facility or the implementing agency will monitor the temporary permit until the required parts are available and the required repairs are complete.Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 69 (e) A certified station may not perform a partial repair of an emission control system and may begin a repair only when all re quired parts for that repair ar e available at the station.

State effective: 1/1/98; EPA effective: 2/28/00

18 AAC 52.546. UNAVAILABLE PARTS.

(a) If, as part of an I/M test performed under 18 AAC 52.540(a), a certifie d mechanic determines under 18 AAC 52.540(a) that parts are unavailable fo r one or more repairs, has completed any repair for which all parts are available, and canno t make further repairs to meet the repair cost minimum, the mechanic shall

(1) refer the motorist to the referee station for an unavailable parts waiver under 18 AAC 52.060(a)(8); and

(2) provide the motorist with the do cumentation listed in 18 AAC 52.070(e)(17).

(b) A referee facility may approve a waiver under th is section and issue a ce rtificate of inspection for a vehicle that cannot be repair ed because of unavailability of pa rts after ensuring that the proof submitted under 18 AAC 52.070(e)(17) is adequate and after inspecting the vehicle to verify the need for each repair.

State effective: 1/1/98; EPA effective: 2/28/00

18 AAC 52.550. RECORDKEEPING REQUIREMENTS

.

The owner or operator of a certified station shall

(1) maintain at the station legible copies of all work orders, repair estimates, vehicle inspection reports, invoices used to documen t repairs and inspections, and any other document related to the I/M program;

(2) ensure that records are kept for at leas t two years after the date of the repair or inspection unless collected by the implementing agency;

(3) make the records available for inspecti on by the implementing agency or another law enforcement official; and

(4) keep and maintain the records so that they are immediately accessible by using information recorded on the VIR prepared for each vehicle.

State effective: 2/01/94; EPA effective: 6/5/95

18 AAC 52 Article 9 General ProvisionsAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 70 18 AAC 52.990. DEFINITIONS.

In this chapter, unless th e context requires otherwise

(1) "aftermarket part" means a part that is not manufactured by th e original equipment manufacturer;

(2) "after-repair test" or "’A’ test" means an I/M test performed after an I/M repair;

(3) "alternate fuel" means a fuel other than gaso line or diesel fuel used to power a motor vehicle; "alternate fuel" does not include an oxygenated fuel approved for use under 18 AAC 53;

(4) “BAR” means California Bureau of Automotive Repair;

(5) "CARB" means the California Air Resources Board;

(6) "centralized inspection program" means an I/M program under which an I/M test is conducted at a centralized test-only inspect ion facility operated by the implementing agency or its contractor; only inspections, not repairs, of motor vehicles are permitted at a test-only inspection facility;

(7) "certificate of inspection" and “certif icate” mean both the paper form and the windshield sticker described in 18 AAC 52.020(d);

(8) "certified mechanic" means a me chanic certified under this chapter for the performance of I/M tests and other inspections an d repairs subject to this chapter;

(9) "certified mechanic or stati on" means a certified mechanic or a certified station, as applicable;

(10) "certified station" means a facility certified under this ch apter for the performance of I/M tests and other inspections and repairs subject to this chapter;

(11) “commute” means to travel between a mo torist’s residence and an I/M area, a nonattainment area, or a maintenance area for purposes of work or school;

(12) “compliance rate” means the number of vehicl es that obtain certificates under an I/M program during one year, divided by the estimat ed number of vehicles that should have been inspected during that year;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 71 (13) "covert performance review" means an i nvestigation conducted by the department, the department's contractor, an implementing agen cy, or an implementing agency's contractor to evaluate the performance of a certified mechanic or sta tion without the knowledge of the mechanic or station;

(14) "curb idle" means the manufacturer's suggest ed engine operating speed in revolutions per minute when the vehicle transmission is placed in either the neutral or park position and the engine has reached its normal operating temperature;

(15) "custom-manufactured vehicle" means a ve hicle that has not been certified by the EPA as meeting federal motor vehicle emissi ons standards or by th e CARB as meeting California motor vehicle emissions standards;

(16) "decentralized inspection program" mean s an I/M program under which a certified mechanic conducts emissions testing at a priv ately owned and operated certified station;

(17) "department" means the Alaska Depart ment of Environmental Conservation;

(18) "documented vehicle" means a vehicle for which a referee facility has verified the state of the emissions control system repair and which is taken by the department, the department's contractor, an implementing agen cy, or an implementing agency's contractor

to a certified mechanic or station for an overt or covert performance review of the mechanic or station;

(19) repealed 3/27/2002;

(20) "dual-fuel vehicle" means a vehicle that is capable of operating on gasoline as well as on propane or some other fuel;

(21) "economic hardship" means a finding under th is chapter that a person does not have sufficient assets, credit, or other means to pay for an emissions-related repair required by this chapter;

(22) “EIS” or “emissions inspection” means the system, including exhaust gas sampling, and analysis equipment and computer control for that equipment, used at a certified station

to measure and record vehicle exhaust emissions.

(23) "emissions control system" means any el ement of either a motor vehicle’s air pollution control system or another mechanism of a motor vehicle that affects the vehicle's release of air pollutants into the atmosphere;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 72 (24) "emissions-related adjustments" means idle mixture setting, curb idle speed setting, fast idle speed setting, ignition dwell angle (if applicable), spark advance setting, choke setting, and any other motor vehicle adjustment that affects a motor vehicle's release of air pollutants into the atmosphere;

(25) "emissions-related part" means a motor vehicle part that affects the vehicle's release of air pollutants into the atmosphere, including

(A) fuel metering system components, such as the carburetor or fuel injection system and internal parts, air/fuel ra tio feedback and control system including exhaust oxygen sensor, and cold start air/fuel ratio enrichment system;

(B) air induction system components, such as the controlled hot air intake system, intake manifold, heat riser valve and assembly, and turbocharger systems;

(C) ignition system components, such as th e distributor and inte rnal parts, spark advance or retard system, spark plugs, igni tion coil or control module, and ignition wires;

(D) evaporative control system components, such as the vapor storage canister, vapor-liquid separator, fuel tank and f iller cap, positive crankcase ventilation (PCV) system, PCV valve, and oil filler cap;

(E) exhaust gas recirculation (EGR) system components, such as the EGR valve body and carburetor spacer, and EGR ra te feedback and control system;

(F) air injection system components, such as the air pump or air aspirator, valves affecting distribution of air flow, and air distribution manifold;

(G) catalyst or thermal reactor system com ponents, such as catalytic converters, thermal reactors, exhaust manifold, and exhaust port liners or double walled exhaust pipe;

(H) basic engine parts, such as the cams haft, pistons, and cylinder heads; and

(I) miscellaneous items used in the systems listed in (A) - (H) of this paragraph,

such as

(i) hoses, clamps, fittings, and tubing;

(ii) sealing gaskets or devices;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 73 (iii) mounting hardware, pulleys, belts, id lers, and electronic controls; and

(iv) vacuum, temperature, and time-se nsitive valves and switches;

(26) "emissions-related repair" means a motor ve hicle repair that affects a vehicle’s emissions and that is made to correct or pr event an automotive exhaust emissions problem;

(27) "EPA" means the United States Environmental Protection Agency;

(28) "failure rate" means the ra te determined by comparing the annual number of vehicles that fail an initial I/M test performed under th is chapter with the annual number of initial inspections;

(29) "fleet operator" means the owner of 10 or more vehicles that are subject to this chapter;

(30) "FTP" or "federal test procedure" means th e emissions testing procedure used by the EPA to certify new motor vehi cles as meeting applicable federal emissions standards;

(31) "grey market vehicle" means a vehicle ma nufactured for use outsi de of, and imported into, the United States;

(32) “GVWR” means gross ve hicle weight rating;

(33) "I/M" means inspection and maintenance;

(34) "I/M area" means

(A) an area in the state listed in 18 AAC 52.005(g); and

(B) an emissions inspection and maintenance area when ownership of a vehicle is transferred under AS 28.10.271(d);

(35) "I/M office" means the office within the department that is responsible for the administration and enforcement of all aspects of the I/M program;

(36) "I/M program" means a motor vehicle emi ssions inspection and maintenance program approved or administered by the department unde r this chapter, the purposes of which are

to determine whether a motor vehicle emi ssions control system has been properly maintained and to otherwise carry out the requirements of this chapter;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 74 (37) "I/M repair" means maintenance of and repa ir to a motor vehicle performed to meet the requirements of this chapter;

(38) "I/M test" means a vehicle emissions insp ection, performed at a certified station, which includes a visual and functional inspect ion of the emissions control system and the measurement of tailpipe emissions concentr ations or evaluating a vehicle’s OBDII;

(39) "implementing agency" means either th e department or a municipality that implements an I/M program;

(40) "initial inspection" or “’I’ test” means the first I/M test performed on a vehicle at a certified station in each inspection cycle;

(41) "inspection cycle" means the tw o-year period between I/M tests;

(42) "kit car" or "vehicle assembled by a privat e party" means a vehicle assembled from a kit for the personal use of the motorist who a ssembles it and that has not been certified by the EPA as meeting federal motor vehicle emi ssions standards or by the CARB as meeting California motor vehicle emissions standards;

(43) "lessee" means a person who enters into e ither a lease or a lease-purchase agreement for a motor vehicle;

(44) "loaded mode" means a type of emissi ons test procedure in which a chassis dynamometer subjects a vehicle's engine to an increased load si mulating the vehicle's performance under actual operating conditions;

(45) “local I/M administrator” means the pers on in charge of an implementing agency;

(46) “maintenance area” means an area that ha s been redesignated by the EPA from a designation of "nonattainment" to a designation of "attainment" and that is subject to a maintenance plan submitted as required by 42 U.S.C. 7505a(a) (commonly referred to as sec. 175A(a), Clean Air Act ), as amended through November 26, 1996;

(47) "model year" means the year identified in the vehicle identification number (VIN)

located near the windshield on th e driver's side of the instru ment panel; for 1975 - 1980, the sixth digit of the VIN indicates the model year of the vehicle; for 1981 and newer vehicles, the tenth digit of the VIN indicates the model year; the model year code from the VIN is as

follows:Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 75 (A) 1979 - 9;

(B) 1980 - A, with each subsequent year assi gned the next letter of the alphabet;

(C) 2001-"1", with each subsequent year assigned the next cardinal number;

(48) "motorist" means

(A) the owner or lessee of a motor vehicle that is registered in this state or that is required to be register ed in this state;

(B) a department, agency, or instrumentality of the federal government; or

(C) the owner or lessee of a vehicle register ed in another state who is described in 18 AAC 52.005(d) and whose vehicl e is not required to be registered in this state under AS 28.10.011;

(49) "motor vehicle" or “vehicle” has the meaning given “motor vehicle” in AS 28.40.100;

(50) "motor vehicle dealer" has the m eaning given "dealer" in AS 08.66.350;

(51) "nonattainment area" means an area that does not meet the national ambient air quality standard for carbon monoxide;

(52) "nonconforming vehicle" means a vehicle, in cluding a kit car, th at was not certified by the EPA as conforming to applicable federal motor vehicle emissions standards or by the CARB as meeting California moto r vehicle emissions standards;

(53) "OBDII" means the on-board diagnostics system (phase II ) required under 40 C.F.R. 51.352 to be inspected in 1996 and newer model year light-duty vehi cles and light-duty trucks;

(54) "overt performance review" means an inve stigation conducted by the department, the department’s contractor, an implementing agen cy, or an implementing agency’s contractor to evaluate the performance of a certified m echanic or station during which the mechanic

or the station owner is told about the investigation;

(55) "pattern failure" means a failure of an I/M test by a class of vehi cles that is due to certain design characteristics that cause repeat ed failures of the I/M te st and is recognized by the EPA;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 76 (56) "prescreening" means to visually or othe rwise inspect a vehicle before an I/M test without recording the results of the insp ection or submitting those results to the implementing agency;

(57) "principally located or operated" means to us e, locate, or operate a vehicle, including a leased vehicle, regardless of the place where the vehicle is registere d, within an I/M area for more than 30 days during an inspection cycle;

(58) "program administrator" m eans the person in charge of the department’s I/M office;

(59) "program manual" means the department publication entitled Alaska I/M Program Manual, adopted by reference in 18 AAC 52.005;

(60) "repair cost minimum" means the mini mum required expenditure to complete necessary emissions-related repairs to a mo tor vehicle as required by 18 AAC 52.065 for each inspection cycle;

(61) "repair necessary to correct sa fety problems" means a repair

(A) that is required to correct a safety-related defect, such as a fuel system leak, and that, until completed, prevents a vehicle from being safely inspected; or

(B) that, under 18 AAC 52.530(d), requires re jection of a vehicle for testing;

(62) "residential address" means,

(A) for a noncommercial vehicle that is owne d or leased by a moto rist, the address, legal description, or physical description of the motorist’s principal place of residence; for purposes of this subparagraph,

(i) "principal place of residence" me ans the place where the motorist is registered to vote, usually resides, resides the majority of the time, or returns to after periods of temporary absence;

(ii) if the vehicle is jointly owned or leased by motorists or persons having

different residential addre sses or different principal places of residence, the residential address to be applied to the vehicle is that one residential address

that best identifies where the vehicle is principally located or operated; or

(B) for a commercial vehicle th at is owned or leased by a motorist in conjunction with a business, the address where the busine ss to which the vehicle is registered is principally located or operated;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 77 (63) "resides in an I/M area" means has a residential address in an I/M area;

(64) "steady-state" means a type of loaded mode emissions test cycle in which the vehicle engine is subjected to a constant dynamometer load;

(65) "stoichiometric" means, as applied to a moto r vehicle, the air-to fu el ratio in a vehicle that is necessary to achieve complete fuel co mbustion; in a motor vehicle, if calculated by the weight of air and fuel, the air-to-fuel ra tio should be approximately 14.7:1 (that is, 14.7 pounds of air to one pound of fuel for gasoline that contains neither alcohol nor oxygenate);

(66) "tampering" means

(A) using leaded gasoline in a vehicle originally equipped with a catalytic

converter;

(B) failing to maintain a vehicle’s emissi ons control system or emissions-related part according to the ma nufacturer’s specifications, including the failure to maintain a part, the malfunction of which causes an emissions-related part to fail;

or

(C) removing, bypassing, defeating, disc onnecting, rendering inoperative, or modifying any emissions control syst em or emissions-related part

(i) repealed 02/18/2006;

(ii) that causes the vehicle to differ from its EPA-certified configuration;

(67) "transient loaded mode" mean s a type of loaded mode emi ssions test cycle in which a vehicle engine is subjected to a varying dynamometer load;

(68) “unauthorized or illegal modification” means

(A) tampering;

(B) the use of an aftermarket emissions-related part that is not functionally identical to the original equipment part being replaced; or

(C) the use of any added part or system unless that part or system has been specifically approved for use by the EPA, th e CARB, the program administrator, or the local I/M administrator;Alaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 78 (69) "vehicle type" means the class or category of vehicle, based on gross vehicle weight, or type of fuel used;

(70) "VIR" or "vehicle inspecti on report" means the computer-generated results of an I/M test that is given to each motorist whos e vehicle is tested under this chapter;

(71) "waiver" means a conditional exemption to one or more of the requirements of this chapter;

(72) "waiver rate" means the rate determined by comparing the annual number of vehicles that received repair cost minimum waivers wi th the annual number of vehicles that failed an initial I/M test;

(73) “windshield sticker” or “sticker” means the cer tificate of inspection that is affixed to a vehicle’s windshield by the cer tified mechanic upon passage of the I/M test or the visual identification of a program waiver, new vehicl e, or exemption from the requirements of this chapter;

(74) “light-duty” means a vehicle with a gro ss vehicle weight of 8,500 pounds or less.

(75) "MIL" means a malfunction indicator lamp located on the instrument panel of a vehicle that illuminates if a diagnostic trouble code (DTC) in the memory of an OBDn system is set as a result of an emission related component or monitor failure;

(76) "certificate holder" mean s a clear plastic device

(A) for the purpose of displaying a s easonal waiver issued under 18 AAC 52.060 through the windshield of a show, cla ssic, or collector vehicle; and

(B) that is issued and certified by the im plementing agency and identified with a serial number;

(77) "show, classic, or collector ve hicle" means a vehicle that

(A) has been issued a seasonal waiver under 18 AAC 52.060;

(B) is not driven more than 2,500 miles per calendar year;

(C) is 25 or more years old;

(D) because of limited production or exceptiona lly fine workmanship is a rarity of historic interest; andAlaska Administrative Code Title 18 Environmental Conservation, Chapte r 52 Emissions Inspection and Maintenance Requirements (18 AAC 52)

Alaska SIP 18 AAC 52 - Federally Approved Rules 79 (E) has been restored, maintained, or preserved.

(78) "new vehicle" means a vehicle

(A) that is a 2004 model year vehicle or newer; and

(B) with a model year number that is no lower than the number of the current calendar year minus four.

Editor’s not e: Lists of approved parts and systems refe rred to in this section’s definition of "unauthorized or illegal modifi cation" may be found in the State Air Quality Plan, Volume III, adopted by reference in 18 AAC 50.030 and at Part V of the program manual adopted by reference in 18 AAC 52.005. Both the air quality plan and th e program manual may be reviewed at or obtained from the implementing agency or the de partment’s Anchorage, Fairbanks, or Juneau

offices.

State effective: 2/18/06; EPA effective: 4/21/10