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~~ ~~T ~itN~:rl/RAL sRiSO~RCES www.dnr.m o.gov 

DEC 1 0 2012 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

11201 Renner Boulevard 

Lenexa, KS 66219 

Dear Mr. Brooks: 

The Missouri Air Conservation Commission has recently revised or promulgated the following 

regulation(s) for the Missouri State Implementation Plan (SIP). The following is enclosed for 

your reVIew: 

10 CSR 10-5.381 On-Board Diagnostics Motor Vehicle Emissions Inspection 

This amendment adds an exemption from the vehicle emissions inspection program for Plug-In 

Hybrid Electric Vehicles (PHEVs) per 643.315, RSMo, in the St. Louis nonattainment area. This 

exemption is a result of House bill 354 passing on May 5, 2011 and becoming effective on 

August 28, 2011. 

The commission adopted the enclosed rule action(s) on August 30, 2012, after considering 

comments received at public hearing. The commission has full legal authority to develop rules 

pursuant to Section 643.050 of the Missouri Air Conservation Law. The state followed all 

applicable administrative procedures in proposing and adopting the rule action(s). Enclosed are 

the required SIP submittal elements for detennination of plan completeness per 40 CFR Part 51, 

Appendix V. 

The Missouri Department of Natural Resources requests that the u.S. Environmental Protection 

Agency amend the SIP to replace the current rule(s) in the SIP. 

Compliant with the April 6, 2011 SIP regional consistency memo, an exact duplicate of this 

submittal is also being provided as an electronic attachment in an email to the Region VII 

Missouri coordinator. 

Thank you for your attention to this matter. If you have any questions regarding this submittal, 

o (."(' cI ..J Pap"r 
Mr. Karl Brooks 

Page Two 

please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 

176, Jefferson City, MO 65102 or by phone at (573) 751-7840. 

Sincerely, 

~:IOFl1Z:: 

Kyra L. Moore 

Director 

KLM:src 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy of MO Reg order of rulemaking with comments/responses 

Mark-Up of Existing Federally-Approved State Regulation(s) 

c: Missouri Air Conservation Commission 
Emergency rescission and rule filed Aug. 15,

1994, effective Aug. 28, 1994, expired Dec.

25, 1994. Emergency amendment filed Dec.

12, 1994, effective Dec. 25, 1994, expired

April 23, 1995. Rescinded and readopted:

Filed July 20, 1994, effective March 30,

1995. Amended: Filed April 17, 1995, effective Nov. 30, 1995. Amended: Filed Dec. 13,

1996, effective July 30, 1997. Amended:

Filed May 14, 1999, effective Dec. 30, 1999.

Emergency amendment filed Nov. 30, 1999,

effective Jan. 1, 2000, expired June 28,

2000. Amended: Filed Dec. 1, 1999, effective

July 30, 2000. Amended: Filed May 15,

2002, effective Dec. 30, 2002. Rescinded:

Filed Jan. 16, 2007, effective Aug. 30, 2007.

10 CSR 10-5.381 On-Board Diagnostics

Motor Vehicle Emissions Inspection

PURPOSE: This rule enacts the provisions of

643.300–643.355, RSMo, and meets the

1990 Federal Clean Air Act Amendments

requirement that the ozone state implementation plan contains necessary enforceable

measures to maintain the mandatory vehicle

emissions inspection and maintenance program. The purpose of the inspection and

maintenance program is to reduce vehicle

emissions in the St. Louis nonattainment

area.

PUBLISHER’S NOTE:  The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule

would be unduly cumbersome or expensive.

This material as incorporated by reference in

this rule shall be maintained by the agency at

its headquarters and shall be made available

to the public for inspection and copying at no

more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed

here.

(1) Applicability.

(A) Except as provided in subsection

(1)(B) of this rule, subject vehicles include all

vehicles operated on public roadways in the

geographical area containing the City of St.

Louis and the counties of Franklin, Jefferson,

St. Charles, and St. Louis, and which are—

1. Registered in the area with the state of

Missouri Department of Revenue (MDOR);

2. Leased, rented, or privately owned

and are not registered in the geographical

area but are primarily operated in the area. A

vehicle is primarily operated in the area if at

least fifty-one percent (51%) of the vehicle’s

annual miles are in the area;

3. Owned or leased by federal, state, or

local government agencies, and are primarily

operated in the geographical area, but are not

required to be registered by the state of

Missouri; or

4. Owned, leased, or operated by civilian and military personnel on federal installations located within the geographical area,

regardless of where the vehicles are registered.

(B) The following vehicles are exempt

from this rule:

1. Heavy duty gasoline-powered and

heavy duty diesel-powered vehicles that

receive a gross vehicle weight rating

(GVWR) exemption described in subsection

(4)(I) of this rule;

2. Light duty gasoline-powered vehicles

and trucks manufactured prior to the 1996

model year and light duty diesel-powered

vehicles and trucks manufactured prior to the

1997 model year;

3. Motorcycles and motortricycles;

4. Vehicles powered exclusively by electric or hydrogen power or by fuels other than

gasoline, ethanol (E10 and E85), or diesel;

5. Motor vehicles registered in an area

subject to the inspection requirements of

643.300–643.355, RSMo, that are domiciled

and operated exclusively in an area of the

state not subject to the inspection requirements of 643.300–643.355, RSMo, that

receive an out-of-area exemption described in

subsection (4)(J) of this rule;

6. New and unused motor vehicles, of

model years of the current calendar year and

of any calendar year within two (2) years of

such calendar year, that have an odometer

reading of fewer than six thousand (6,000)

miles at the time of original sale by a motor

vehicle manufacturer or licensed motor vehicle dealer to the first user;

7. New motor vehicles that have not

been previously titled and registered for the

four (4)-year period following their model

year of manufacture that have an odometer

reading of fewer than forty thousand (40,000)

miles showing at the first required biennial

safety inspection. These vehicles qualify for

a mileage-based exemption described in subsection (4)(H) of this rule. Otherwise, such

motor vehicles shall be subject to the emissions inspection requirements of subsection

(3)(B) of this rule during the same period that

the biennial safety inspection is conducted;

8. Motor vehicles driven fewer than

twelve thousand (12,000) miles between

biennial safety inspections that receive a

mileage-based exemption described in subsection (4)(H) of this rule.

A. Prior to October 1, 2009, handwritten MVI-2 safety inspection forms or

printed safety Vehicle Inspection Reports

(VIRs) shall be provided by the owner to the

department.

(I) The proof of exemption from the

emissions inspection requirement shall consist of two (2) vehicle safety inspection

reports issued to the owner of the vehicle

being exempted.

(II) The first safety inspection

report shall have been issued during the vehicle’s previous biennial safety inspection. The

second safety inspection report shall have

been issued during the current biennial

inspection cycle, performed within sixty (60)

days of the owner’s registration request.

(III) Each vehicle safety inspection

report must document the odometer reading

at the time of the vehicle’s biennial safety

inspections, and the difference between these

two (2) odometer readings shall be no greater

than eleven thousand nine hundred ninetynine (11,999).

B. Beginning October 1, 2009, this

exemption shall be issued automatically by

licensed emissions inspection stations using

the contractor’s Missouri Decentralized

Analyzer System (MDAS) equipment and

lane software;

9. Historic motor vehicles registered

pursuant to 301.131, RSMo;

10. School buses;

11. Tactical military vehicles; 

12. Visitor, employee, or military personnel vehicles on federal installations provided appointments do not exceed sixty (60)

calendar days; 

13. Specially constructed vehicles; and

14. Plug-in hybrid electric vehicles

(PHEVs). 

(2) Definitions.

(A) Plug-in hybrid electric vehicle

(PHEV)—A plug-in hybrid electric drive

vehicle that is made by a manufacturer, has

not been modified from original manufacturer specifications, and can operate solely on

electric power and is capable of recharging its

battery from an on-board generation source

and an off-board electricity source. 

(B) Definitions of certain terms specified

in this rule, other than those defined in this

rule section, may be found in 10 CSR 10-

6.020.

(3) General Provisions.

(A) Subject Vehicle Compliance.

1. Private entity vehicle compliance.

A. Motor vehicles subject to this rule

shall demonstrate compliance with emissions standards in this rule. Such demonstration shall be made through the test methods

specified in section (5) of this rule and be

40 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

completed according to the compliance cycle

as defined in 10 CSR 10-6.020, the inspection intervals specified in subsection (3)(B) of

this rule, and the inspection periods specified

in subsection (3)(C) of this rule.

B. Completion of the emissions

inspection requirements is necessary for vehicle registration renewal or registration transfer.

C. Failure to complete a vehicle emissions inspection during the compliance cycle

or before vehicle registration shall be a violation of this rule. These violations are subject

to penalties specified in 643.355.5., RSMo.

2. Public entity vehicle compliance.

A. All subject vehicles owned by federal, state, and local governments shall be

emissions inspected according to the compliance cycle as defined in 10 CSR 10-6.020 and

the inspection intervals specified in subsection (3)(B) of this rule.

B. All federal agencies shall ensure

employee and military personnel vehicles

meet the requirements of paragraph (3)(A)2.

according to the December 1999 Interim

Guidance for Federal Facility Compliance

With Clean Air Act Sections 118(c) and

118(d) and Applicable Provisions of State

Vehicle Inspection and Maintenance

Programs. This guidance document is incorporated by reference in this rule, as published

by the U.S. Environmental Protection

Agency (EPA), Office of Transportation and

Air Quality, 2000 Traverwood, Ann Arbor,

MI 48105. This rule does not incorporate any

subsequent amendments or additions to this

guidance document.

C. Failure to complete a vehicle emissions inspection within the compliance cycle

as defined in 10 CSR 10-6.020, shall be a

violation of this rule. These violations are

subject to penalties specified in 643.355.5.,

RSMo.

3. Vehicle fleets.

A. Vehicle fleets of any size may be

emissions inspected by the fleet operator,

provided the owners or operators of such

vehicle fleets acquire the state contractor’s

equipment to conduct the emissions inspections.

B. Vehicle fleets using such equipment shall be subject to the same inspection

requirements as non-fleet vehicles.

C. Fleet inspection facilities shall be

subject to quality assurance evaluations at

least as stringent as those performed at public inspection stations.

D. Fleet owners or operators may

make repairs to fleet vehicles on-site.

(B) Emissions Inspection Intervals.

1. Subject vehicles manufactured as

odd-numbered model year vehicles are

required to be inspected in each odd-numbered calendar year. Subject vehicles manufactured as even-numbered model year vehicles are required to be inspected in each evennumbered calendar year.

2. At the time of registration transfer,

subject vehicles are required by 643.315.1.,

RSMo, to be inspected regardless of the vehicle model year. At the time of registration

transfer, prior to the sale of a vehicle, private

sellers of vehicles are required to provide the

purchaser with an emissions inspection compliance certificate or compliance waiver that

is valid for registering the vehicle according

to inspection period requirements of subsection (3)(C) of this rule. 

(C) Emissions Inspection Periods.

1. An emissions inspection performed

on a subject vehicle via the vehicle inspection

process described in subsections (3)(H)–(K)

of this rule is valid, for the purposes of

obtaining registration or registration renewal,

for a duration of sixty (60) days from the date

of passing inspection or waiver issuance. An

emissions inspection provided by a licensed

motor vehicle dealer to the purchaser of a

used vehicle being sold by the licensed motor

vehicle dealer is valid for registration purposes for one hundred twenty (120) days after the

date of inspection. Vehicles being sold shall

not be subject to another emissions inspection

for ninety (90) days after the date of sale or

transfer of such vehicle.

2. Reinspections occurring fewer than

ninety (90) days after the initial emissions

inspection are subject to subsections (3)(J)

and (3)(K) of this rule.

3. Reinspections occurring more than

ninety (90) days after the initial emissions

inspection shall be considered to be an initial

emissions inspection as defined in 10 CSR

10-6.020 and are subject to subsection (3)(H)

of this rule.

(D) Emissions Inspection Fees.

1. Initial vehicle emissions inspection

fee. At the time of an initial emissions inspection, the vehicle owner or driver shall pay no

more than twenty-four dollars ($24) to the

licensed emissions inspection station. The

inspection station shall determine the forms

of payment accepted. Fleet operators inspecting their own fleet vehicles at their own

inspection facility are exempt from initial

vehicle emissions inspection fees.

2. Vehicle emissions reinspection fee.

Each initial vehicle emissions inspection fee

shall include one (1) free reinspection, provided that the reinspection is conducted within twenty (20) business days of the initial

emissions inspection at the same inspection

station that performed the initial inspection.

A. To qualify for one (1) free reinspection, the vehicle owner or driver shall

present the previous VIR and the completed

repair data sheet described in subsection

(4)(D) of this rule to the emissions inspection

station that conducted the initial emissions

inspection, within twenty (20) business days

of the initial emissions inspection. The emissions inspector shall return the previous VIR

to the vehicle owner.

B. At the emissions inspection station’s discretion, reinspections occurring

more than twenty (20) business days after the

initial emissions inspection may be performed upon payment of the initial emissions

inspection fee to the emissions inspection station.

C. Fleet operators reinspecting their

own fleet vehicles at their own inspection

facility are exempt from vehicle emissions

reinspection fees.

3. Emissions inspection oversight fee.

A. Licensed emissions inspection stations shall pre-pay the state two dollars and

fifty cents ($2.50) for each passing emissions

inspection that they intend to perform. The

fee shall be paid to the Director of Revenue

and submitted to the Missouri State Highway

Patrol (MSHP). The MSHP shall deposit the

fee into the “Missouri Air Emissions

Reduction Fund” as established by 643.350,

RSMo. The MSHP will then use the contractor’s vehicle inspection database (VID) to

credit the number of pre-paid emissions

inspections to the licensed emissions inspection station’s MDAS. The MDAS shall

deduct one (1) emissions credit authorization

for each passing emissions inspection.

B. Licensed inspection stations are

required to maintain a sufficient positive

quantity of emissions credits on their analyzer(s) to prevent having to turn away motorists

who have requested an inspection.

C. At the time that a licensed emissions inspection station discontinues operation or chooses not to renew its emissions

inspection license, the department will issue

the licensed emissions inspection station a

full refund of two dollars and fifty cents

($2.50) for each paid emissions inspection

credit authorization that remains on the

licensed emissions inspection station’s

MDAS. The department shall withdraw the

pre-paid fees from the “Missouri Air

Emissions Reduction Fund” as established by

643.350, RSMo, and send the existing balance of the pre-paid fees to the licensed

inspection station. The MSHP will then

delete all pre-paid emissions inspections from

the inspection equipment.

4. Vehicle inspection database (VID)

service fee. Licensed emissions inspection

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 41

Secretary of State
stations shall pay the contractor three dollars

and forty-five cents ($3.45) for each paid

emissions inspection that they perform. The

fee shall be made payable to the contractor and

submitted monthly according to the terms of

the contract between the contractor and the

licensed emissions inspection stations. The

contractor shall reimburse any VID service

fee overcharges to an inspection station within sixty (60) days of the date of notification by

the emissions inspection station manager.

(E) Emissions Inspection Equipment.

1. Performance features of emissions

inspection equipment. The MDAS is required

for performing any emissions inspections on

subject vehicles. The MDAS shall meet or

exceed all applicable EPA requirements.

A. The MDAS shall be capable of

testing all subject vehicles as required by

paragraph (3)(E)3. of this rule. The emissions inspection equipment shall be updated

as needed to accommodate new technology

vehicles. The updates shall be provided by

the state’s contractor without cost to the state

or the licensed emissions inspection stations.

B. At a minimum, the MDAS shall

be—

(I) Automated to the highest degree

commercially available to minimize the

potential for intentional fraud and/or human

error;

(II) Secure from tampering and/or

abuse; and

(III) Based upon written specifications.

2. Functional characteristics of emissions inspection equipment. The MDAS shall

be composed of vehicle inspection equipment

controlled by a computer.

A. The MDAS shall automatically—

(I) Make pass/fail decisions for all

computer-determined aspects of the emissions inspection as described in paragraphs

(5)(B)3. through (5)(B)5. of this rule;

(II) Record test data to the MDAS

hard drive and the contractor’s VID;

(III) Conduct regular self-testing of

recording accuracy;

(IV) Perform electrical calibration

and system integrity checks before each test,

as applicable; and

(V) Initiate immediate system lockouts for—

(a) Tampering with security

aspects of the MDAS;

(b) Fraudulent inspection activity; 

(c) Exceeding the limit of offline

emissions inspections established by the

department and the MSHP; or

(d) Failing the on-board diagnostics (OBD) verification tool self-check.

B. The MDAS shall include a

telecommunications data link to the contractor’s VID as specified in the contract between

the department and the contractor. Emissions

inspection information shall be uploaded

immediately to the VID via this telecommunications data link according to subparagraphs (3)(F)2.C. and (3)(F)5.D. of this rule

so that all inspection information can be electronically verified by the department, the

MSHP, and the MDOR using the contractorprovided internet solution.

C. The MDAS shall ensure accurate

data collection by limiting, cross-checking,

and/or confirming manual data entry.

3. OBD test equipment. OBD test equipment shall meet the standards specified in 40

CFR 85.2231, which is incorporated by reference in this rule, as published by the EPA,

Office of Transportation and Air Quality,

2000 Traverwood, Ann Arbor, MI 48105 on

April 5, 2001. This rule does not incorporate

any subsequent amendments or additions to

40 CFR 85.2231. The OBD test equipment

shall be able to communicate with all known

OBD protocols and connect to and communicate with a minimum of ninety-eight percent

(98%) of all subject vehicles.

4. All emissions inspection equipment

shall meet the quality control requirements

described in paragraph (3)(L)5. of this rule.

Newly acquired emissions inspection equipment and all applicable MDAS software

updates shall be subject to the acceptance test

procedures administered by the department’s

contractor to ensure compliance with the

emissions inspection program specifications.

(F) Emissions Inspection Station Requirements.

1. Premises.

A. Each licensed emissions inspection station shall have an emissions inspection

area within an enclosed building of sufficient

length, width, and height to accommodate a

full size light duty vehicle or light duty truck.

B. The licensed emissions inspection

station shall be in compliance with applicable

city, county, and state regulations relating to

zoning, merchant licensing, fictitious names,

and retail sales tax numbers.

C. The emissions inspection area

shall be sufficiently lighted, adequately heated and cooled, and properly ventilated to

conduct an emissions inspection.

2. Equipment. Each licensed emissions

inspection station shall have the following

equipment located at or near the inspection

area:

A. Scraper. The scraper may be used

to remove old windshield stickers;

B. Emissions inspection equipment,

including hardware, software, forms, and

windshield stickers. The equipment hardware, as described under the definition for

Missouri Decentralized Analyzer System

found in 10 CSR 10-6.020, shall be purchased or leased by the inspection station

from the state’s contractor. All of the equipment must be present and functional. The

equipment software shall be provided with

the MDAS equipment purchase or lease and

updated periodically at no cost to the licensed

inspection stations. The forms described in

section (4) of this rule shall be provided by

the MDAS software. The windshield stickers

described in section (4) of this rule shall be

provided by the contractor at no cost to

licensed emissions inspection stations; and

C. Telecommunications. The station

shall provide dedicated data transmission

capabilities for the emissions inspection

equipment to stay online with the contractor’s

VID. The telecommunications capabilities

may be either high-speed or low-speed. The

cost of this telecommunications service,

including initial installation and ongoing

maintenance, is the responsibility of the

licensed emissions inspection station.

3. Personnel.

A. Each licensed emissions inspection station shall have a minimum of one (1)

licensed emissions inspector on duty during

all business days during the station’s hours of

inspection, except for short periods of time

due to illness or annual vacation.

B. Each licensed emissions inspection

station will designate, on the station license

application, the emissions inspection station

manager who will be in charge of emissions

inspections. The emissions inspection station

manager shall be responsible for the daily

operation of the station and will ensure that

complete and proper emissions inspections

are being performed. The emissions inspection station manager shall be present at the

licensed emissions inspection station during

all business days during the station’s hours of

inspection, except for short periods of time

due to illness or annual vacation.

C. If the station is without at least one

(1) emissions inspector or one (1) emissions

inspection station manager, then the station

shall be prohibited from conducting emissions inspections.

4. Licensing.

A. Any person, firm, corporation,

partnership, or governmental entity requesting an emissions inspection station license

shall submit a completed emissions inspection station application to the department or

to the MSHP.

42 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

B. A vehicle emissions inspection station license shall be valid for twelve (12)

months from the date of issuance. A completed emissions inspection station license

application shall be accompanied by a check

or money order for one hundred dollars

($100) made payable to the Director of

Revenue and submitted to either the Missouri

Department of Natural Resources, Air

Pollution Control Program, Attn: Inspection

and Maintenance, PO Box 176, Jefferson

City, MO 65102-0176 or the MSHP. Under

no circumstances will cash be accepted for

the license fee.

C. For the purposes of emissions and

safety inspection license synchronization, a

vehicle emissions inspection station license

may be valid for fewer than twelve (12)

months from the date of issuance. A completed emissions inspection station license

application shall be accompanied by a check

or money order made payable to the Director

of Revenue and submitted to either the

Missouri Department of Natural Resources,

Air Pollution Control Program, Attn:

Inspection and Maintenance, PO Box 176,

Jefferson City, MO 65102-0176 or the

MSHP. The check or money order shall submit the pro-rated fee of eight dollars and thirty-three cents ($8.33) times the number of

months between the month of the application,

including the month of application, for the

emissions inspection license and the month

that the safety inspection license will be

renewed. Under no circumstances will cash

be accepted for the license fee.

D. Except as provided by subparagraph (3)(F)4.C. of this rule, station licenses

are valid for a period of one (1) year from the

date of issuance, unless the license is suspended or revoked by the department or the

MSHP. The owners of licensed emissions

inspection stations that are renewing their

emissions inspection license shall complete

the requirements of subparagraph (3)(F)4.B.

of this rule.

E. Along with the application fee,

applicants shall submit the following information on a form provided by either the

department or the MSHP:

(I) Proof of liability insurance;

(II) The business’s federal and state

taxpayer identification number;

(III) The physical address of the

inspection station;

(IV) The mailing address, if different from physical address, of the inspection

station;

(V) The phone number and, if

available, fax number of the inspection station;

(VI) The last name, first initial,

and, if already licensed by the MSHP, the

inspector number of the licensed emissions

inspector(s) employed by that station; and

(VII) The first and last name of the

emissions inspection station manager(s)

employed by that station.

F. No license issued to an emissions

inspection station may be transferred or used

at any other location. Any change in ownership or location shall void the current station

license. The department must be notified

immediately when a change of ownership or

location occurs or when a station discontinues operation. Businesses that change locations will be charged another license fee for

the cost of the new license. Businesses that

change owners will be treated as new

licensees and charged another license fee for

the new license.

G. When an emissions inspection station license has been suspended or revoked,

or when a station discontinues operation, all

emissions inspection supplies including, but

not limited to, blank windshield stickers

described in section (4) of this rule and the

emissions inspection station sign described in

subparagraph (3)(F)7.C., shall be released on

demand to the department or the MSHP. The

failure to account for all emissions inspection

supplies will be sufficient cause for the

department or the MSHP to not reinstate an

emissions inspection station license. 

H. No emissions inspection station

license will be issued to a spouse, child or

children, son/daughter-in-law, employee, or

any person having an interest in the business

for the privilege to conduct emissions inspections at the same location or in close proximity to the location of an emissions inspection

station whose license is under suspension or

revocation, unless the applicant can provide

reasonable assurance that the licensee under

suspension or revocation will not be

employed, manage, assist in the station operation, or otherwise benefit financially from

the operation of the business in any way.

5. Operations.

A. All emissions inspections must be

conducted at the licensed emissions inspection station in the approved emissions inspection area described in paragraph (3)(F)1. of

this rule.

B. The inspection of a vehicle shall be

made only by an individual who has a current, valid emissions inspector license. No

person without a current, valid emissions

inspector license shall issue an emissions

VIR or a windshield sticker. No owner, operator, or employee of an inspection station

shall furnish, loan, give, or sell an emissions

VIR or windshield sticker to any person

except those entitled to receive it because

their vehicle has passed the emissions inspection.

C. If an emissions inspector or an

emissions inspection station manager or

owner resigns or is dismissed, the emissions

inspection station manager or station owner

shall report these changes to the department

and the MSHP immediately or within two (2)

business days. The emissions inspection station manager or station owner shall complete

an amendment form to inform the department

and the MSHP of these changes in personnel.

D. All current manuals, bulletins, or

other rules issued by the department must be

read by the station owner or operator and

each emissions inspector. These resources

must be available, either in printed or electronic form, at all times for ready reference

by emissions inspectors, department, and

MSHP staff.

E. If the department is asked to settle

a difference of opinion between a vehicle

owner and an emissions inspection station

manager or emissions inspector concerning

the inspection standards and procedures, the

decisions of the department concerning emissions inspection standards and procedures

will be final.

F. Emissions inspection station operators are permitted to advertise as official

emissions inspection stations.

6. Hours of operation.

A. The normal business hours and

business days of every public inspection station shall be at least eight (8) continuous

hours per day, five (5) days per week, excluding all state holidays.

B. Emissions inspectors are obligated

to conduct emissions inspections and reinspections of vehicles during normal business

hours.

(I) A vehicle shall be emissions

inspected within a two (2)-hour period after

being presented unless other vehicles are

already being emissions inspected.

(II) A reinspection must begin

within one (1) hour when a vehicle is presented during the twenty (20) consecutive-day

period for reinspections excluding Saturdays,

Sundays, and state holidays.

7. Display of inspection station and

inspector licenses, sign, and poster.

A. The department or the department’s designee shall provide each licensed

emissions inspection station with one (1) station license certificate. The station license

certificate shall be framed under clean glass

or plastic and displayed in a conspicuous

location discernible to those presenting vehicles for emissions inspections.

B. The department or the department’s designee shall provide each licensed

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 43

Secretary of State
emissions inspector with one (1) inspector

license certificate. The emissions inspector

licenses must be framed under clean glass or

plastic and displayed in a conspicuous location discernible to those presenting vehicles

for emissions inspections.

C. The department or the department’s designee shall provide each licensed

emissions inspection station one (1) official

sign, made of metal or other durable material, to designate the station as an official emissions inspection station. The sign designating

the station as an emissions inspection station

shall be displayed in a location visible to

motorists driving past the inspection station.

Additional signs may be purchased for a fee

equal to the cost to the state for each additional sign.

D. The department or the department’s designee shall provide each licensed

emissions inspection station with one (1)

poster that informs the public that required

repairs or corrections need not be made at

that inspection station. The poster must be

displayed in a conspicuous location discernible to those presenting vehicles for

emissions inspections. Additional posters

may be purchased for a fee equal to the cost

to the state for each additional poster.

(G) Emissions Inspector Requirements.

1. Every person requesting a vehicle

emissions inspector license shall submit a

completed vehicle emissions inspector application to the department or the department’s

designee. The emissions inspector application shall include a facial photograph with

dimensions of two inches (2") in length and

two inches (2") in width.

2. All vehicle emissions inspectors must

be at least eighteen (18) years of age and able

to read and understand documents written in

English. The emissions inspector written

exam may include an oral component to evaluate the applicant’s ability to read and understand documents written in English.

3. Emissions inspectors must pass a

written test that demonstrates their knowledge of the fundamentals of OBD testing and

repairs and the procedures of the emissions

inspection program. A minimum grade of

eighty percent (80%) is required to pass the

written examination or reexamination.

A. The contractor shall design the

training material and corresponding written

exam and have the training material and written exam certified by the department prior to

issuing the training material and written exam

to potential emissions inspectors.

B. After emissions inspectors have

passed the contractor’s written exam, if they

wish to also be licensed to conduct vehicle

safety inspections, they must submit an application to the MSHP to take the safety inspection exam.

C. Currently licensed safety inspectors working at newly-licensed emissions

inspection stations will only have to pass the

written emissions exam conducted by the

contractor.

4. Emissions inspectors must be thoroughly familiar with the emissions inspection

equipment and demonstrate competency to

either the department or the MSHP while

performing an emissions inspection on a

vehicle prior to the issuance of the inspector’s

license. A minimum grade of eighty percent

(80%) is required to pass the practical examination or reexamination.

5. If the applicant meets the requirements of paragraphs (3)(G)1.–(3)(G)4. of this

rule, an emissions inspector license will be

issued without charge. Licenses are valid for

a period of three (3) years from the date of

issuance, or until suspended or revoked by

the department or the MSHP. An emissions

inspector whose license has been suspended

or revoked shall be required to successfully

complete the contractor’s training program

and pass the written and practical exams

described in paragraphs (3)(G)3. and

(3)(G)4. of this rule before the emissions

license will be reinstated.

6. If the emissions inspector leaves the

employment of one licensed emissions

inspection station and enters the employment

of another licensed emissions inspection station, the emissions inspection station manager of the station that the inspector is transferring to shall follow the procedures described

in subparagraph (3)(F)5.K. of this rule. The

emissions inspector’s license is transferable

with the licensed emissions inspector, provided the emissions inspector’s license has not

expired.

7. An emissions inspector may be reexamined at any time, and if s/he fails the reexamination or refuses to be reexamined, the

license issued to him/her shall be suspended.

If a vehicle emissions inspector fails a reexamination, s/he cannot again be tested until a

period of thirty (30) days has elapsed.

8. An emissions inspector license may

be renewed before the expiration date or sixty

(60) days after expiration without a reexamination. If the license has expired more than

sixty (60) days before the license renewal

application is submitted, a reexamination will

be required. A vehicle emissions inspector

does not have authority to conduct any

inspections during the sixty (60)-day grace

period unless the license has been properly

renewed.

(H) Emissions Inspection Procedures. The

emissions inspection procedure shall meet the

following requirements:

1. Every emissions inspection must be

performed according to the procedures

described in this rule. Once an emissions

inspection has begun, it shall be completed

and shall not be terminated. A vehicle may

not be passed or failed based upon a partial

inspection;

2. A proper and complete emissions

inspection shall consist of the OBD test

method described in section (5) of this rule,

the immediate printing and subsequent

issuance of a VIR to the motorist, and the

immediate uploading of the emissions inspection data to the contractor’s VID;

3. All emissions inspection records shall

be transmitted to the state’s contractor as

soon as an inspection is complete for the purpose of real time registration verification by

the MDOR and program oversight by the

department or the MSHP;

4. The emissions inspection fees shall be

charged for each inspection performed as

described in subsection (3)(D) of this rule;

5. Emissions inspection windshield

stickers will be issued to an emissions inspection station by the MSHP and can be printed

by only that station. Emissions inspection

windshield stickers shall be kept secure to

prevent them from being lost, damaged, or

stolen. If windshield stickers are lost, damaged, or stolen, the incident shall be reported

immediately to the MSHP;

6. The emissions inspector will ensure

that all required information is properly and

accurately entered into the MDAS. This

includes three (3) mandatory photos, a vehicle description including the license plate

number at the time of inspection, vehicle

identification number (VIN), vehicle make,

vehicle model, vehicle model year, fuel type,

GVWR range, odometer reading at the time

of the emissions inspection, and the complete

mailing address (street address, city, and zip

code) of the vehicle owner; 

7. Using the MDAS digital camera, the

emissions inspector shall take three (3) readily identifiable digital pictures showing the

current license plate, VIN, and odometer

reading. The picture of the license plate,

VIN, and odometer must match the plate,

VIN, and odometer reading that is printed on

the VIR. These pictures shall then be immediately uploaded to the VID via the docking

station provided with the MDAS.

A. License plate pictures. Pictures of

the rear license plate shall be of the entire

rear portion of the vehicle from taillight to

taillight. If the vehicle license plate is located

only on the front of the vehicle, then the

44 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

license plate picture shall be of the entire

front of the vehicle. License plate pictures

must be clearly legible.

B. VIN pictures. The camera should

be set to the macro picture-taking mode. VIN

pictures should be of the dashboard VIN

plate. It may be helpful to illuminate the VIN

plate with supplemental lighting, block overhead lighting with a solid object, or take the

photo at an angle so that the camera flash or

overhead lights are not reflected by the windshield glass. VIN pictures must be clearly

legible.

C. Odometer pictures. The camera

should be set to the macro picture-taking

mode. In the case of digital odometers, the

ignition switch must be on to illuminate the

odometer reading. Trip odometer photos are

not permissible. It may be helpful to turn on

the dashboard lights to help illuminate the

odometer without the use of the camera’s

flash. Odometer pictures must be clearly legible;

8. Inspection stations shall ensure that

the station analyzer universal serial bus

(USB) digital camera is mounted on top of

the station analyzer monitor and aimed, with

a clear line of sight, towards the emissions

inspection bay every time a vehicle emissions

inspection is performed so that the inspection

process can be remotely observed by state

agencies throughout the entire vehicle emissions inspection;

9. Vehicles shall be inspected in asreceived condition, including vehicles whose

malfunction indicator lamp (MIL) is lit or

whose readiness monitors are unset. The

inspector shall connect the OBD cable or

wireless transmitter to the data link connector

(DLC) of the actual vehicle submitted for

emissions testing. The connection shall

remain intact and functioning during the

entire test procedure. Clean scanning as

defined in 10 CSR 10-6.020 is prohibited.

An official inspection, once initiated, should

be performed in its entirety regardless of

immediate outcome, except in the case of an

invalid test condition or determination by the

emissions inspector;

10. The initial emissions inspection shall

be performed according to the test method

described in section (5) of this rule without

repair or adjustment at the emission inspection station prior to commencement of any

tests. Emissions inspections performed within ninety (90) days of the initial emissions

inspection shall be considered a reinspection

and are subject to provisions of subsection

(3)(J) of this rule;

11. If a subject vehicle passes the emissions test method described in section (5) of

this rule, according to the standards

described in subsection (3)(I) of this rule, the

emissions inspection station shall issue the

vehicle owner or driver a passing VIR

described in subsection (4)(A) of this rule,

certifying that the vehicle has passed the

emissions inspection, and provide a windshield sticker for the windshield of the subject vehicle according to subsection (4)(A) of

this rule. The positioning of the windshield

sticker on the windshield of the vehicle shall

take place on the premises of the emissions

inspection station;

12. If a subject vehicle fails the emissions test method described in section (5) of

this rule, according to the standards

described in subsection (3)(I) of this rule, the

emissions inspection station shall provide the

vehicle owner or driver with a failing VIR

described in subsection (4)(B) of this rule that

indicates what parts of the OBD test method

the vehicle failed, a repair facility performance report described in subsection (4)(H)

of this rule that lists the ten (10) nearest

Missouri Recognized Repair Technicians

(MRRTs) to the licensed emissions inspection

station, and a repair data sheet described in

subsection (4)(D) of this rule that is used to

collect emissions repair data for the repair

facility performance report;

13. If a subject vehicle fails the emissions test method described in section (5) of

this rule, the vehicle owner shall have the

vehicle repaired. The vehicle shall be reinspected according to the appropriate inspection period as determined by paragraphs

(3)(C)2. and (3)(C)3. of this rule and the

reinspection procedures described in subsection (3)(J) of this rule; and

14. If the emissions inspection is aborted by the MDAS software or the emissions

inspector, the emissions inspection station

shall provide the vehicle owner or driver with

the emissions VIR described in subsection

(4)(K) of this rule that indicates that the OBD

test was aborted.

(I) Emissions Inspection Standards. Subject

vehicles shall fail the emissions inspection if

the vehicle does not meet the OBD test standards specified in 40 CFR 85.2207, which is

incorporated by reference in this rule, as published by the EPA, Office of Transportation

and Air Quality, 2000 Traverwood, Ann

Arbor, MI 48105 on April 5, 2001. This rule

does not incorporate any subsequent amendments or additions to 40 CFR 85.2207.

(J) Emissions Reinspection Procedures.

1. Vehicles that fail the emissions

inspection described in section (5) of this rule

shall be reinspected according to the test

method described in section (5) of this rule to

determine if the repairs were effective for

correcting failures on the previous inspection,

thereby reducing or preventing an increase in

present and future tailpipe or evaporative

emissions.

A. The inspector shall enter the data

from the repair data sheet described in subsection (4)(D) of this rule in the MDAS prior

to initiating the reinspection, even if the vehicle receives multiple reinspections.

B. The inspector shall ensure that the

VIN of the reinspected vehicle matches the

VIN of the originally inspected vehicle.

C. The inspector shall enter the current odometer reading of the vehicle at the

time of the reinspection into the MDAS.

D. The inspector shall take three (3)

new photographs following the procedure

described in paragraph (3)(H)7. of this rule.

E. The inspector shall connect the

OBD cable or wireless transmitter to the data

link connector of the actual vehicle submitted

for emissions testing. The connection shall

remain intact and functioning during the

entire test procedure. Clean scanning as

defined in 10 CSR 10-6.020 is prohibited.

2. If the subject vehicle passes a reinspection, then the procedures in paragraph

(3)(H)11. of this rule shall be followed.

3. If the subject vehicle fails a reinspection, the vehicle owner may either:

A. Have more repairs performed on

the vehicle and have the vehicle reinspected;

or

B. Apply for a cost-based waiver

according to the requirements in paragraphs

(3)(K)1.–(3)(K)5. of this rule.

(K) Emissions Inspection Waivers and

Exemptions.

1. Cost-based waivers. Vehicle owners

or purchasers shall be issued a cost-based

waiver for their vehicle under the following

conditions:

A. The subject vehicle has failed the

initial emissions inspection, has had qualifying repairs, and has failed an emissions reinspection;

B. The vehicle has passed the bulb

check test described in subparagraph

(5)(B)2.A. of this rule, the data link connector test described in subparagraph (5)(B)3.A.

of this rule, the communications test

described in subparagraph (5)(B)3.B. of this

rule, and the readiness monitor test described

in paragraph (5)(B)4. of this rule.

C. The subject vehicle has all of its

emissions control components correctly

installed and operating as designed by the

vehicle manufacturer.

(I) To the extent practical, the

department representative shall use the

MSHP air pollution control device inspection

method described in 11 CSR 50-2.280 to fulfill the requirement of this subparagraph.

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 45

Secretary of State
(II) If the vehicle fails the visual

inspection described in 11 CSR 50-2.280,

then the vehicle will be denied a cost-based

waiver;

D. The vehicle operator has submitted to the department the appropriate waiver

application with all required information and

necessary signatures completed, along with

all itemized receipts of qualifying repairs.

The qualifying repairs must meet the requirements of paragraph (3)(K)2. of this rule. The

itemized receipts must meet the requirements

of paragraph (3)(K)3. of this rule;

E. At the discretion of the department, the vehicle owner or operator may be

required to make arrangements to bring the

vehicle to the department or the department’s

designee for visual verification of the vehicle’s repairs or estimated repairs in the case

of a cost-based estimate waiver application;

and

F. To the extent practical, the department representative has verified that the

repairs indicated on the itemized receipts for

qualifying repairs were made and that the

parts were repaired/replaced as claimed.

2. The minimum amount spent on qualifying repairs for cost-based waivers shall—

A. Exceed four hundred fifty dollars

($450) for vehicles not fully repaired solely

by the owner of the failed vehicle;

B. Exceed four hundred dollars

($400) for all vehicles repaired solely by the

owner of the failed vehicle. Only qualified

repairs that include the part costs for the purchase and installation of the following parts

listed in 40 CFR 51.360(a)(5) will be accepted:

(I) Oxygen sensors;

(II) Catalytic converters;

(III) Exhaust gas recirculation

(EGR) valves;

(IV) Evaporative canisters;

(V) Positive crankcase ventilation

(PCV) valves;

(VI) Air pumps;

(VII) Distributors;

(VIII) Ignition wires;

(IX) Coils;

(X) Spark plugs; and

(XI) Any hoses, gaskets, belts,

clamps, brackets, or other accessories directly associated with these parts. If the emissions failure is not related to the parts listed

in this subparagraph, the cost of replacing

such parts will not count towards the waiver

minimum;

C. Exceed two hundred dollars ($200)

for all motorists who provide the department

representative with reasonable and reliable

proof that the owner is financially dependent

on state and federal disability benefits and

other public assistance programs. The proof

shall consist of government issued documentation providing explanation of the motorist’s

disability and financial assistance with regard

to personal income. The motorist must also

submit the appropriate cost-based waiver

application with their “Financial Eligibility

Waiver Request”;

D. Be inclusive of part costs paid by

motorists performing qualified vehicle

repairs by themselves or for qualified emissions repair services performed by any repair

technician. Labor costs shall only be applied

toward a cost-based waiver if the qualified

repair work was performed by a Recognized

Repair Technician;

E. Not include the fee for an emissions inspection or reinspection;

F. Not include the fee for a safety

inspection or reinspection;

G. Not include charges for obtaining

a written estimate of needed repairs;

H. Not include the charges for repairs

necessary for the vehicle to pass a safety

inspection;

I. Not include costs for repairs performed on the vehicle before the initial emissions inspection failure or more than ninety

(90) days after the initial emissions inspection

failure;

J. Not include expenses that are

incurred for the repair of—

(I) Emissions control devices or

data link connectors that have been found

during either a safety or an emissions inspection to be tampered with, rendered inoperative, or removed;

(II) The MIL; or

(III) For OBD communications

failures;

K. Not include the state sales tax for

the following motor vehicle parts that are air

pollution control devices:

(I) Air injection parts, air pumps,

check valves, and smog pumps;

(II) Catalytic converters (universal

converters, direct fit converters, converter

kits);

(III) EGR valves;

(IV) Evaporative canisters and canister purge valves; 

(V) PCV valves; and

(VI) Any vehicle parts that serve

the equivalent functions of the parts listed in

parts (3)(K)2.K.(I)–(3)(K)2.K.(V) of this

rule;

L. Not include costs and expenses

associated with aftermarket catalytic converter replacements that do not conform to the

EPA’s Aftermarket Catalytic Converter

(AMCC) enforcement policy. The EPA’s

AMCC enforcement policy, which includes

the following three (3) documents, is hereby

incorporated by reference in this rule:

(I) The Notice of Proposed

Enforcement Policy regarding the “Sale and

Use of Aftermarket Catalytic Converters,”

published on August 5, 1986, by 51 FR

28114 as published by the Office of the

Federal Register, U.S. National Archives and

Records, 700 Pennsylvania Avenue NW,

Washington, DC 20408;

(II) The publication “What You

Should Know About Using, Installing Or

Buying Aftermarket Catalytic Converters”

published in September 2000 by the U.S.

Environmental Protection Agency (EPA),

Office of Air and Radiation, Office of

Transportation and Air Quality, 1200

Pennsylvania Avenue NW, Washington, DC

20460; and

(III) The letter “Sale and Use of

Aftermarket Catalytic Converters for Vehicles

Equipped with On-Board Diagnostic (OBD-II)

Systems” sent on September 30, 2004, by the

U.S. Environmental Protection Agency (EPA),

Office of Enforcement and Compliance

Assurance, 1200 Pennsylvania Avenue NW,

Washington, DC 20460 to the Manufacturers

of Emission Control Association. This rule

does not incorporate any subsequent amendments or additions to the EPA’s AMCC

enforcement policy;

M. Not include expenses that are

incurred for the restoration of the vehicle

manufacturer’s emissions control system due

to the installation of sensor simulators,

engine control module upgrades, or other

aftermarket components that disable readiness monitors or in any way bypass or compromise the vehicle manufacturer’s emissions

control system; and

N. Not include costs for emissions

repairs or adjustments covered by a vehicle

manufacturer’s warranty, including the minimum federal catalytic converter warranty

period of eight (8) years or eighty thousand

(80,000) miles, insurance policy, or contractual maintenance agreement. The emissions

repair costs covered by warranty, insurance,

or maintenance agreements shall be separated

from other emissions repair costs and shall

not be applied toward the cost-based waiver

minimum amount. The operator of a vehicle

within the statutory age and mileage coverage

under subsection 207(b) of the federal Clean

Air Act shall present a written denial of warranty coverage, with a complete explanation,

from the manufacturer or authorized dealer in

order for this provision to be waived.

3. The vehicle operator shall present the

original of all itemized repair receipts to the

department representative to demonstrate

46 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

compliance with paragraph (3)(K)2. of this

rule. The itemized repair receipt(s) shall—

A. Include the name, physical

address, and phone number of the repair

facility and the model year, make, model, and

VIN of the vehicle being repaired;

B. Describe the diagnostic test(s) performed to identify the reason the vehicle

failed an emissions inspection;

C. Describe the emissions repair(s)

that were indicated by the diagnostic test(s);

D. Document the emissions repairs

performed were authorized by the vehicle

owner or operator;

E. Describe the emissions repairs that

were performed by the repair technician or

vehicle owner;

F. For catalytic converter replacements, include, as a separate attachment, the

documentation that the EPA’s AMCC

enforcement policy requires of the catalytic

converter retail seller, vehicle owner, and/or

installer. Catalytic converter replacements

will only be accepted towards a cost-based

waiver if they are installed on gasoline-powered vehicles that have failed the most recent

OBD test with at least one (1) catalytic converter Diagnostic Trouble Code (DTC)

(P0420–P0439) as recorded on a failing VIR

described in subsection (4)(B) of this rule;

G. Describe the vehicle part(s) and

the quantity or each type of part(s) that were

serviced or replaced;

H. Describe the readiness monitors

that were either set to ready or left unset;

I. Describe the diagnostic test(s) performed after the repairs were completed to

verify that the vehicle’s emissions control

system is now operating as it was designed to

operate by the manufacturer;

J. Clearly list the labor costs, if the

vehicle was repaired by a repair technician,

and the part(s) costs separately for each

repair item;

K. Include the repair technician’s

name (printed or typed), signature and, if

applicable, the unique identification number

of the Recognized Repair Technician that performed the repair work; and

L. Confirm that payment was collected or financed for the services rendered

and/or parts replaced as listed on the itemized

repair receipt(s).

4. Cost-based estimate waivers. Vehicles

shall be issued a cost-based estimate waiver

under the following conditions:

A. The subject vehicle has failed the

initial emissions inspection or reinspection

after repair(s) with a single DTC;

B. The vehicle has passed the bulb

check test described in subparagraph

(5)(B)2.A. of this rule, the data link connector test described in subparagraph (5)(B)3.A.

of this rule, the communications test

described in subparagraph (5)(B)3.B. of this

rule, and the readiness monitor test described

in paragraph (5)(B)4. of this rule;

C. The subject vehicle cannot have

received either a cost-based waiver or a costbased estimate waiver during a previous biennial inspection cycle for the same single DTC;

D. The vehicle owner has paid for a

diagnostic test of that DTC by a Recognized

Repair Technician or a vehicle repair business that specializes in a particular make of

vehicle or type of repair (e.g., transmission

repairs), with the items tested and the results

described on the repair estimate; and

E. The diagnostic test results and

parts required for the repair of the single DTC

are documented by the shop to exceed four

hundred fifty dollars ($450).

5. The department reserves the right to

investigate all cost-based waiver requests and

submitted receipts. Cost-based waiver

requests with incomplete information and/or

receipts that do not identify the vehicle that

was repaired, do not itemize the actual cost of

the parts that were serviced, do not list the

labor costs separately from the part costs,

indicate that state sales tax was charged on air

pollution control parts exempted from state

sales tax as defined in paragraph (3)(K)2. of

this rule, or contain fraudulent information or

part costs as determined by department representatives will not be accepted by the

department. If the conditions of paragraphs

(3)(K)1.–(3)(K)4. of this rule have been met,

the department representative shall issue a

cost-based waiver and provide the windshield

sticker to be affixed to the vehicle by the

vehicle owner. The windshield sticker shall

meet the requirements of paragraph (4)(F)2.

of this rule.

6. The contractor shall provide the

means to issue cost-based waivers, VIRs, and

windshield stickers from either the department’s offices or from a portable solution as

required by the contract.

7. Out-of-area exemptions. Provided the

vehicle owner or driver submits a completed,

signed out-of-area affidavit to the department

indicating that the vehicle will be operated

exclusively in an area of the state not subject

to the inspection requirements of

643.300–643.355, RSMo, for the next twenty-four (24) months, the department shall

issue an emissions inspection VIR, with an

indicator to show that the vehicle has

received an out-of-area exemption to the vehicle owner or driver, and a windshield sticker

shall be affixed to the subject vehicle.

8. Reciprocity waivers. Provided the

vehicle owner or driver presents proof,

acceptable to the department, that the subject

vehicle has successfully passed an OBD

emissions inspection in another state within

the previous sixty (60) calendar days, the

department shall issue an emissions inspection VIR with an indicator to show that the

vehicle has received a reciprocity waiver to

the vehicle owner or driver, and a windshield

sticker shall be affixed to the subject vehicle.

A. Reciprocity waivers shall be issued

if the motorist submits proof of a passing OBD

emissions inspection from one (1) of the following states: Alaska, Arizona, Connecticut,

Delaware, District of Columbia, Georgia,

Illinois, Louisiana, Maine, Massachusetts,

Maryland, Nevada, New Hampshire, New

Jersey, New York, North Carolina, Ohio,

Oregon, Pennsylvania, Tennessee unless tested

in Shelby County (Memphis), Rhode Island,

Texas, Utah, Vermont, Virginia, Washington,

and Wisconsin.

B. Should any of these states discontinue the use of pass/fail OBD inspections,

the reciprocity waiver shall not be granted.

9. Mileage exemptions. Provided the

vehicle owner or driver submits the required

information described in subsection (4)(H) of

this rule, the department or the MDAS shall

issue an emissions inspection VIR, with an

indicator to show that the vehicle has

received a mileage-based exemption to the

vehicle owner or driver.

10. GVWR exemptions. Provided the

emissions inspector verifies that the vehicle is

over eight thousand five hundred pounds

(8,500 lbs.) GVWR, the MDAS shall issue an

emissions inspection VIR, with an indicator

to show that the vehicle has received a

GVWR exemption to the vehicle owner or

driver.

11. The contractor shall provide the

means to issue out-of-area, reciprocity,

mileage, and GVWR waivers, exemptions,

and VIRs, from either the department’s

offices or from a portable solution as

required by the contract.

(L) Quality Control Requirements.

1. Quality control for the contractor(s).

The department shall appoint entities under

contractual agreement with the department to

facilitate the operating of decentralized emissions inspection stations that will conduct

vehicle emissions for the purpose of reducing

or preventing vehicle pollution that contributes to ground-level ozone formation.

2. Quality control for emissions inspection stations.

A. Licensed emissions inspection stations shall conduct their business in such a

way that it satisfies the intent of the vehicle

emissions inspection program, which is to

accurately identify the vehicles that fail to

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 47

Secretary of State
meet the OBD emissions test standards so

that these vehicles may be effectively

repaired.

B. Failure to comply with the provisions of this rule and the purposes stated in

subparagraph (3)(L)2.A. of this rule shall be

considered a violation of this rule and will

result in the penalties described in paragraphs

(3)(N)2.–(3)(N)5. of this rule.

C. Licensed emissions inspection stations shall be financially responsible for all

vehicles that are being inspected.

3. Quality control for emissions inspectors.

A. The contractor shall provide to the

department an education and training plan, to

be approved by the department prior to

implementation, for licensed emissions

inspectors. Inspectors shall not be licensed

unless they have passed all training requirements.

B. Failure to comply with the provisions of this rule and the contract shall be

considered a violation of this rule and will

result in the penalties described in paragraphs

(3)(N)2.–(3)(N)5. of this rule.

C. As specified in the contract, the

contractor shall maintain for the department

an electronic database of licensed emissions

inspector information that, at a minimum,

includes the inspector’s name, unique identification number, date of license issuance, stations of employment, date of any license suspensions or revocations, and a list of inspection results by date and by model year, make,

model, and VIN.

4. Quality control for emissions inspection records.

A. All inspection records, calibration

records, and control charts shall be accurately created, recorded, maintained, and secured

by the contractor.

B. The contractor shall make available

all records and information requested by the

department and shall fully cooperate with the

department, MSHP, and other state agency

representatives who are authorized to conduct

audits and other quality assurance procedures.

C. The contractor shall maintain

emissions inspection records, including all

inspection results and repair information.

(I) These records shall be kept

readily available to the department and the

MSHP for at least three (3) years after the

date of an initial emissions inspection.

(II) These records shall be made

available to the department and the MSHP on

a real time continual basis through the use of

the contractor’s VID as specified in the contract.

(III) These records shall also be

made available immediately upon request for

review by department and MSHP personnel.

5. Quality control for all emissions

inspection equipment.

A. At a minimum, the practices

described in this section and in the contract

shall be followed.

B. Preventive maintenance on all

emissions inspection equipment shall be performed on a periodic basis, as provided by

the contract between the department and the

contractor and consistent with the EPA’s and

the equipment manufacturer’s requirements.

C. To assure quality control, computerized analyzers shall automatically record

quality control check information, lockouts,

attempted tampering, and any circumstances

which require a service representative to

work on the equipment.

D. To assure test accuracy, equipment

shall be maintained by the contractor according to demonstrated good engineering procedures.

E. Computer control of quality assurance checks shall be used whenever possible.

The emissions inspection equipment shall

transmit the quality control results to the

department’s contractor as prescribed in the

contract between the department and the contractor.

(M) Vehicle Registration. After a subject

vehicle has passed the emissions inspection

according to either paragraphs (3)(H)11. or

(3)(J)2. of this rule, or received a waiver

according to subsection (3)(K) of this rule,

the contractor shall make electronically available to the MDOR on a real time basis the

emissions and any associated safety inspection compliance records to enable vehicle

registration and compliance enforcement.

Paper VIRs may not be used for registration

purposes, unless the contractor’s real time

vehicle inspection database is not providing

inspection information to the MDOR on a

real time basis. The department shall expressly authorize, either in writing or by voice

authorization, the use of the paper VIRs by

the MDOR and/or its contract offices.

(N) Violations and Penalties.

1. Criminal penalties. Persons violating

this rule shall be subject to the criminal

penalties contained in 643.355, RSMo.

2. Procedural penalties. Fraudulent

emissions inspections or repairs are a violation of this rule. All emissions inspection station operators and emissions inspectors shall

comply with the emissions inspection law,

643.300–643.355, RSMo, and this emissions

inspection rule. All emissions inspections and

repairs shall be conducted in accordance with

this emissions inspection rule. The department shall cause unannounced tests of facilities that inspect, repair, service, or maintain

motor vehicle emissions components and

equipment, including submitting known high

emission vehicles with known defects for

inspection and repair without prior disclosure

to the repair facility. Failure to comply with

the emissions inspection law or the emissions

inspection rule will subject the emissions

inspection station manager and emissions

inspector(s) to one (1) or more of the following procedural penalties:

A. Warning;

B. Lockouts as described in paragraph

(3)(N)3. of this rule;

C. Fines as described in paragraph

(3)(N)4. of this rule; 

D. Suspension or revocation of emissions inspection station and/or inspector

licenses as described in paragraph (3)(N)5. of

this rule;

E. The department’s refusal to accept

repair receipts from an inspection station or

repair facility for the purpose of issuing costbased waivers;

F. The department’s revocation of

Recognized Repair Technician status if the

repair technician is reported by the department to the attorney general for unlawful

merchandising practices according to

643.330.4., RSMo;

G. Reporting of unlawful merchandising practices as defined in Chapter 407,

RSMo, by the department to the attorney general for appropriate legal proceedings under

407.095 and 407.100, RSMo; and

H. Department or MSHP requests for

investigation and/or criminal and civil penalties by the U.S. Environmental Protection

Agency.

3. Lockouts. The department or MSHP

may electronically lockout any emissions

inspector, station, MRRT, or equipment if the

department or MSHP identifies any irregularities within the emissions inspection

database or any irregularities identified during either overt or covert audits. The lockout

may precede warnings, license suspensions or

revocations, or arrests. The state’s contractor

shall display a lockout warning on the monitor of any inspection equipment that is locked

out by the department or MSHP. Lockouts

shall prevent the performing of emissions

inspections by the locked out party. Lockouts

shall be cleared when the department or

MSHP is satisfied that there is no longer a

need for the lockout. Irregularities include,

but are not limited to:

A. Failure to enter all required information properly and accurately as described

in paragraph (3)(H)6. of this rule;

B. Uploading unclear pictures,

uploading license plate pictures that do not

48 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

match the license plate recorded on the VIR,

or failing to upload pictures as described in

paragraph (3)(H)7. of this rule;

C. Disconnecting or misdirecting the

view of the USB lane camera described in

paragraph (3)(H)8. of this rule;

D. Clean scanning as described in

paragraph (3)(H)9. of this rule and defined in

10 CSR 10-6.020;

E. Performing more inspections than

are physically possible for a given time duration;

F. Performing emissions inspections

using another emissions inspector’s fingerprint or password;

G. Conducting off-line inspections

while the MDAS is not connected to the VID,

unless the VID is off-line;

H. Conducting improper safety

inspection of the air pollution control devices

described in 11 CSR 50-2.280;

I. Bad faith or fraudulent repairs performed at the emissions inspection station or

MRRT repair facility where—

(I) Vehicles repeatedly fail reinspections for the same reasons that they initially failed the OBD test;

(II) Vehicle repairs are not qualifying repairs as defined in 10 CSR 10-6.020; or

(III) Physical visual inspection of

the repaired vehicles determines that the

repairs were not performed as described on

the submitted repair receipts;

J. Installing or assisting motorists

with the installation of aftermarket catalytic

converters that do not conform to EPA’s

AMCC enforcement policy, which is incorporated by reference in subparagraph

(3)(K)2.L. of this rule;

K. Installing or assisting motorists

with the installation of aftermarket components that disable or compromise the capabilities of the vehicle manufacturer’s EPA-certified emissions control system;

L. Failure to maintain a positive balance of emissions inspection credit authorizations described in subparagraph (3)(D)3.B. of

this rule;

M. Failure to upload the emissions

inspection results to the VID immediately

upon completion of the inspection per paragraph (3)(H)2. of this rule;

N. Failure to properly reinspect vehicles that failed an initial emissions test per

paragraph (3)(J)1. of this rule;

O. Failure to pay the VID Service

Fees according to the terms of the contract

between the contractor and licensed emissions inspection stations as described in paragraph (3)(D)4. of this rule;

P. Failure to download and install the

latest version of lane software to the MDAS;

and

Q. Failure to maintain dedicated data

transmission capabilities for the emissions

inspection equipment to stay online with the

contractor’s VID.

4. Fines. If anyone is found to have committed an intentional procedural violation of

this rule or that anyone’s procedural violation

involved gross negligence of this rule, they

are subject to a fine, and such fine shall be

not less than five (5) times the amount of the

fee described in paragraph (3)(D)1. of this

rule.

5. Emissions inspection license suspension and revocation. Before any emissions

inspection station license or emissions

inspector license is suspended or revoked by

the department or the MSHP, the holder will

be notified, either in writing by certified mail

or by personal service at the station’s address

of record, and given the opportunity to have

an administrative hearing as provided by

643.320.3., RSMo.

A. Suspension of emissions inspection station and/or inspector licenses shall be

for a period no less than thirty (30) days and

not more than one (1) year.

B. Revocation of emissions inspection

station and/or inspector licenses shall be for

a period no less than one (1) year and not

more than three (3) years.

6. Civil penalties. Installing catalytic

converters that do not conform to EPA’s

AMCC enforcement policy, which is incorporated by reference in subparagraph

(3)(K)2.L. of this rule, or installing aftermarket components that in any way bypass or

compromise the vehicle manufacturer’s emissions control system on a vehicle operated in

the ozone nonattainment area is a violation of

this rule and the federal Clean Air Act section 203(a)(3) (42 U.S.C. 7522 (a)(3)) and

may result in the penalties described in the

federal Clean Air Act section 205(a) (42

U.S.C. 7524 (a)).

A. Any manufacturer or new vehicle

dealer who violates section 203(a)(3)(A) (42

U.S.C. 7522 (a)(3)(A)) of the federal Clean

Air Act shall be subject to a civil penalty of

not more than thirty-seven thousand five hundred dollars ($37,500), as promulgated on

December 11, 2008, by 73 FR 75340 by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408, which

is hereby incorporated by reference in this

rule. This rule does not incorporate any subsequent amendments or additions to the

Federal Register. Any violation of section

203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A))

shall constitute a separate offense with

respect to each motor vehicle or motor vehicle engine.

B. Any person other than a manufacturer or new vehicle dealer who violates section 203(a)(3)(A) of the federal Clean Air Act

(42 U.S.C. 7522 (a)(3)(A)) or any person

who violates section 203(a)(3)(B) of the federal Clean Air Act (42 U.S.C. 7522

(a)(3)(B)) shall be subject to a civil penalty of

not more than three thousand seven hundred

fifty dollars ($3,750), as promulgated on

December 11, 2008 by 73 FR 75340, which

is incorporated by reference in paragraph

(3)(N)6.A. of this rule. Any violation of section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A))

shall constitute a separate offense with

respect to each motor vehicle or motor vehicle engine. Any violation of section

203(a)(3)(B) (42 U.S.C. 7522 (a)(3)(B)) shall

constitute a separate offense with respect to

each part or component.

(4) Reporting and Record Keeping.

(A) Passing Vehicles. 

1. The VIR for the passing vehicle shall

include:

A. A vehicle description, including

the license plate number at the time of

inspection, VIN, vehicle make, vehicle

model, vehicle model year, fuel type, GVWR

range, odometer reading at the time of the

vehicle’s passing the OBD test, county of

registration, and the complete mailing

address (street address, city, and zip code) of

the vehicle owner;

B. The date and time of inspection;

C. The unique identification number

of the licensed emissions inspector performing the inspection, the unique identification

number and location of the inspection station,

and the unique identification number of the

inspection equipment;

D. The applicable inspection standards;

E. The passing OBD test results;

F. The results of the recall provisions

check, if applicable, including the recall campaign;

G. A statement that the emissions

inspection was performed in accordance with

this state regulation;

H. A waiver indicator, if applicable;

I. An off-line test indicator if the

MDAS was not connected to the VID when

the inspection was performed;

J. The statement: “This inspection is

mandated by your United States Congress”;

and

K. A statement that the results have

been transmitted directly to the MDOR, and

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 49

Secretary of State
that the paper VIR may not be used for vehicle registration purposes.

2. The windshield sticker for the passing

vehicle shall—

A. Be affixed on the inside of the

vehicle’s front windshield in the lower left

hand corner by the emissions inspector for

each vehicle that passes the emissions inspection, or by the department representative for

each vehicle that has been issued a waiver. A

windshield sticker affixed to a vehicle that

has been issued a waiver shall have a waiver

indicator clearly visible on the sticker.

Previous windshield stickers affixed to the

windshield shall be removed;

B. Be as fraud resistant as required by

the contract between the department and the

contractor;

C. Be valid until the next emissions

inspection is required as defined in subsection (3)(B) of this rule; and

D. Contain the statement: “This

inspection is mandated by your United States

Congress.”

(B) Failing Vehicles. The VIR for the failing vehicle shall include:

1. A vehicle description, including the

license plate number at the time of inspection, VIN, vehicle make, vehicle model,

vehicle model year, fuel type, GVWR range,

odometer reading at the time of the vehicle’s

OBD test, county of registration, and the

complete mailing address (street address,

city, and zip code) of the vehicle owner;

2. The date and time of inspection;

3. The unique identification number of

the licensed emissions inspector performing

the test, the unique identification number and

location of the inspection station, and the

unique identification number of the inspection equipment;

4. The applicable inspection standards;

5. The passing and failing OBD test

results according to 40 CFR 85.2223, which

is incorporated by reference in this rule, as

published by the EPA, Office of

Transportation and Air Quality, 2000

Traverwood, Ann Arbor, MI 48105 on April

5, 2001. This rule does not incorporate any

subsequent amendments or additions to 40

CFR 85.2223;

6. The results of the recall provisions

check, if applicable, including the recall campaign;

7. A statement that the emissions

inspection was performed in accordance with

this state regulation;

8. The statement: “This inspection is

mandated by your United States Congress”;

9. A statement that the vehicle may be

reinspected for free according to paragraph

(3)(D)2. of this rule;

10. An off-line test indicator if the

MDAS was not connected to the VID when

the inspection was performed;

11. If the vehicle fails the DLC test

described in subparagraph (5)(B)3.A. of this

rule, the DLC failure reason as determined

by the emissions inspector; and

12. If the vehicle fails the communications test described in subparagraph

(5)(B)3.B. of this rule, the non-communications reason as determined by the MDAS.

(C) Repair Facility Performance Report.

The repair facility performance report shall

be printed by the MDAS for each failing vehicle and provided by the inspection station to

the motorist with the VIR described in subsection (4)(B) of this rule. The repair facility

performance report shall, at a minimum, list

the ten (10) facilities employing at least one

(1) Recognized Repair Technician that are

nearest to the inspection station that conducted the failing emissions inspection. If the

inspection station employs at least one (1)

Recognized Repair Technician, the repair

facility performance report shall include the

inspection station in the list of ten (10) facilities. The report shall include, but not be limited to, the following:

1. The name of each facility, address,

and phone number;

2. The percentage of vehicles repaired

by the repair facility that passed the first reinspection;

3. Other information as required by the

contract between the department and the contractor; and

4. How motorists may obtain the full or

customized list of facilities employing

Recognized Repair Technicians from the contractor at no cost to the motorist. The list

shall be viewable on a publicly available website maintained by the contractor.

(D) Repair Data Sheet. The repair data

sheet shall be printed by the MDAS for each

failing vehicle and provided by the inspection

station to the motorist. The information on

repair data sheets shall be collected and

entered by emissions inspectors into the

MDAS as described in subparagraph

(3)(J)1.A. of this rule and used to generate

the repair facility performance report

described in subsection (4)(C) of this rule.

The information to be collected shall include,

but not be limited to, the following:

1. The total cost of repairs, divided into

parts and labor;

2. The name of the person who performed the repairs and, if applicable, their

Recognized Repair Technician’s identification number;

3. The name of the repair facility and, if

applicable, the repair business’s inspection

station number and/or the MRRT facility’s

identification number; and

4. The inspection failure the vehicle was

being repaired for and the emissions-related

repairs performed.

(E) Motorist Comment Form. Inspection

stations may print motorist comment forms

from the MDAS to give to motorists for providing feedback on emissions inspections.

The motorist comment form shall include the

telephone numbers of the department and the

MSHP and the complete mailing address

(street address, city, and zip code), phone

number, fax number, and website of the contractor.

1. Any challenge regarding the performance or results of the emissions inspection

must be made within twenty (20) business

days of the failing emissions inspection.

2. Any challenge regarding the results or

effectiveness of the repairs made by either

licensed emissions inspection stations or

Missouri Recognized Repair Technicians

must be made within twenty (20) business

days of the date of vehicle repair.

(F) Cost-Based Waivers.

1. The cost-based waiver VIR shall

include:

A. A vehicle description, including

the license plate number at the time of

inspection, VIN, vehicle make, vehicle

model, vehicle model year, fuel type, GVWR

range, odometer reading at the time of the

most recent emissions inspection, county of

registration, and the complete mailing

address (street address, city, and zip code) of

the vehicle owner;

B. The amount of money accepted by

the department toward the cost-based waiver

and the date and time that the cost-based

waiver is issued;

C. The unique identification number

of the department staff issuing the cost-based

waiver, the location of the department staff

person issuing the cost-based waiver, and the

unique identification number of the inspection equipment used to issue the cost-based

waiver;

D. A statement that the results have

been transmitted directly to the MDOR, and

that the paper VIR may not be used for vehicle registration purposes; and

E. The statement: “This inspection is

mandated by your United States Congress.”

2. The front of the cost-based waiver

windshield sticker shall—

A. Be affixed on the inside of the

vehicle’s front windshield in the lower lefthand corner by the motorist. A waiver indicator shall be clearly visible on the sticker.

Previous windshield stickers affixed to the

windshield shall be removed;

50 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

B. Be as fraud resistant as required by

the contract between the department and the

contractor;

C. Be valid until the next emissions

inspection is required as defined in subsection (3)(B) of this rule; and

D. Contain the statement: “This

inspection is mandated by your United States

Congress.”

(G) Reciprocity Waivers. 

1. The reciprocity waiver VIR shall

include:

A. A vehicle description, including

the license plate number at the time of

inspection, VIN, vehicle make, vehicle

model, vehicle model year, fuel type, GVWR

range, odometer reading at the time of the

vehicle’s passing the OBD test, county of

registration, and the complete name and

address of the vehicle owner;

B. The reciprocity waiver determination;

C. The date and time that the

reciprocity waiver is issued;

D. The unique identification number

of the department staff person issuing the

reciprocity waiver, the location of the department staff person, and the unique identification number of the inspection equipment used

to issue the reciprocity waiver;

E. The state where the vehicle passed

its OBD test;

F. A statement that the results have

been transmitted directly to the MDOR, and

that the paper VIR may not be used for vehicle registration purposes; and

G. The statement: “This inspection is

mandated by your United States Congress.”

2. The reciprocity waiver windshield

sticker shall—

A. Be affixed on the inside of the

vehicle’s front windshield in the lower lefthand corner by the motorist. A waiver indicator shall be clearly visible on the sticker.

Previous windshield stickers affixed to the

windshield shall be removed;

B. Be as fraud resistant as required by

the contract between the department and the

contractor;

C. Be valid until the next emissions

inspection is required as defined in subsection (3)(B) of this rule; and

D. Contain the statement: “This

inspection is mandated by your United States

Congress.”

(H) Mileage-Based Emissions-Exempt

Vehicles. The VIR for the mileage-based

emissions-exempt vehicle shall include:

1. A vehicle description, including the

license plate number at the time of inspection, VIN, vehicle make, vehicle model,

vehicle model year, fuel type, GVWR range,

odometer reading at the time of the most

recent safety inspection, county of registration, and the complete mailing address (street

address, city, and zip code) of the vehicle

owner;

2. The date that the exemption is applied

for and/or the date and time that the exemption was issued;

3. The unique identification number of

the licensed emissions inspector performing

the safety inspection, the unique identification number and location of the inspection

station, and the unique identification number

of the inspection equipment;

4. The type of mileage exemption, as

described in paragraphs (1)(B)7. and (1)(B)8.

of this rule;

5. A statement that the results have been

transmitted directly to the MDOR, and that

the paper VIR may not be used for vehicle

registration purposes; and

6. The statement: “This inspection is

mandated by your United States Congress.”

(I) GVWR-Based Emissions-Exempt

Vehicles. The VIR for the GVWR-based

emissions-exempt vehicle shall include:

1. A vehicle description, including the

license plate number at the time of inspection, VIN, vehicle make, vehicle model,

vehicle model year, fuel type, GVWR range,

odometer reading at the time of the most

recent safety inspection, county of registration, and the complete mailing address (street

address, city, and zip code) of the vehicle

owner;

2. The date and time of the vehicle’s

safety inspection during which the licensed

inspector verified that the vehicle had a

GVWR in excess of eight thousand five hundred pounds (8,500 lbs.);

3. The unique identification number of

the licensed emissions inspector performing

the safety inspection, the unique identification number and location of the inspection

station, and the unique identification number

of the inspection equipment;

4. The GVWR exemption determination;

5. A statement that the results have been

transmitted directly to the MDOR, and that

the paper VIR may not be used for vehicle

registration purposes; and

6. The statement: “This inspection is

mandated by your United States Congress.”

(J) Out-of-Area Emissions-Exempt Vehicles. The out-of-area waiver VIR shall

include:

1. A vehicle description, including the

license plate number at the time of inspection, VIN, vehicle make, vehicle model,

vehicle model year, fuel type, county of registration, and the complete name and address

of the vehicle owner;

2. The date and time that the out-of-area

exemption is issued;

3. The unique identification number of

the department staff person issuing the outof-area waiver, the location of the department

staff person, and the unique identification

number of the inspection equipment used to

issue the out-of-area waiver;

4. The county where the vehicle is being

operated;

5. A statement that the results have been

transmitted directly to the MDOR, and that

the paper VIR may not be used for vehicle

registration purposes; and

6. The statement: “This inspection is

mandated by your United States Congress.”

(K) Aborted Emissions Inspections. The

aborted emissions VIR shall include:

1. A vehicle description, including the

license plate number at the time of inspection, VIN, vehicle make, vehicle model,

vehicle model year, fuel type, GVWR range,

odometer reading at the time of the most

recent safety inspection, county of registration, and the complete mailing address (street

address, city, and zip code) of the vehicle

owner;

2. The date and time that the vehicle’s

emissions inspection was aborted;

3. The unique identification number of

the licensed emissions inspector performing

the emissions inspection, the unique identification number and location of the inspection

station, and the unique identification number

of the inspection equipment;

4. The aborted test result; and

5. The statement: “This inspection is

mandated by your United States Congress.”

(L) Beginning January 1, 2008, using a

method provided by the contractor, federal,

state, and local government agencies shall

submit a list of vehicles, by VIN, that are

operated by the government agencies and that

are required to be inspected during each calendar year. Submittals are due by February 1

of each calendar year. If the first is not a business day or is a state holiday, the list shall be

submitted to the contractor by the following

business day. The contractor will audit these

submittals by comparing the list of submitted

vehicles to the database of inspected vehicles

to track government fleet compliance. The

contractor shall provide the department with

the results of this audit by April 1 of each calendar year.

(5) Test Methods.

(A) To the extent possible, an OBD test, as

defined in 10 CSR 10-6.020 and the contract,

shall be performed on all 1996 and later

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 51

Secretary of State
model year light duty vehicles and light duty

trucks powered by gasoline and all 1997 and

later model year light duty vehicles and light

duty trucks powered by diesel.

(B) The OBD test shall follow the procedures described in 40 CFR 85.2222, which is

incorporated by reference in this rule, as published by the EPA, Office of Transportation

and Air Quality, 2000 Traverwood, Ann

Arbor, MI 48105 on April 5, 2001. This rule

does not incorporate any subsequent amendments or additions to 40 CFR 85.2222.

1. If the subject vehicle cannot be tested

with the OBD test due to manufacturer

design, then the subject vehicle shall be tested with only a bulb check test described in

paragraph (5)(B)2. of this rule.

2. Bulb check test.

A. Vehicles will fail the bulb check

portion of the OBD test if the MIL is not illuminated while the key is in the on position

and the engine is off (KOEO).

B. Vehicles will fail the bulb check

portion of the OBD test if the MIL is illuminated while the key is in the on position and

the engine is running (KOER).

C. Vehicles with keyless ignitions

shall be subject to a bulb check test.

D. Vehicles that fail the KOEO bulb

check portion of the OBD test described in

subparagraph (5)(B)2.A. of this rule shall fail

the OBD test. Repairs made to correct bulb

check failures shall not be eligible for costbased or estimate-based waivers.

3. Data link connector and communications tests.

A. Data link connector test. Vehicles

will fail the data link connector portion of the

OBD test if the DLC is inaccessible due to

manufacturer design, tampered with,

blocked, or not located where the manufacturer located the DLC. The emissions inspector shall determine and record the reason for

this failure in the MDAS for printing on the

emissions VIR.

B. Communications test. Vehicles will

fail the communications portion of the OBD

test if the vehicle does not maintain sufficient

voltage to the DLC during OBD communication or transmit the necessary information to

the inspection equipment after three (3) thirty (30)-second attempts.

(I) If the vehicle does not communicate after two (2) thirty (30)-second communication attempts, inspectors shall verify

that a valid communications failure exists by

using the MDAS OBD verification tool to

verify the communication failure according to

the lane software procedures.

(II) If the OBD verification tool

determines that the equipment is not capable

of communicating with the vehicle, the

MDAS shall automatically abort the OBD

test and generate the emissions VIR

described in subsection (4)(K) of this rule.

(III) If the OBD verification tool

determines that the equipment is capable of

communicating with the vehicle, inspectors

shall make one (1) additional thirty (30)-second communication attempt. If the vehicle

does not communicate with the MDAS, the

MDAS shall determine and record the reason

for this failure and print this reason on the

emissions VIR.

C. Vehicles that fail the DLC or communications portion of the OBD test shall fail

the OBD test.

D. Repairs made to correct failures

for DLCs that have been tampered with, rendered inoperative, or removed, or failures for

OBD communications as described in subparagraphs (5)(B)3.A. and (5)(B)3.B. of this

rule, shall not be eligible for cost-based or

estimate-based waivers.

4. Readiness monitor test.

A. 1996–2000 model year gasolinepowered vehicles may pass the readiness

monitor portion of the OBD test if they have

no more than two (2) unset non-continuous

readiness monitors.

B. 2001 and newer model year gasoline-powered vehicles may pass the readiness

monitor portion of the test if they have no

more than one (1) unset non-continuous

readiness monitor.

C. Gasoline-powered vehicles that fail

the OBD test with a catalytic converter DTC

(P0420–P0439) present must have the catalyst monitor reset to pass the readiness monitor portion of the OBD retest.

D. Gasoline-powered vehicles will

fail the readiness monitor portion of the OBD

test if the following non-continuous monitors

are not supported:

(I) Oxygen sensor; and

(II) Catalyst.

E. Vehicles that are on the readiness

exemption table maintained by the contractor

and authorized by the department shall be

exempt from the readiness monitor portion of

the OBD test.

F. Vehicles that fail the readiness

monitor portion of the OBD test shall fail the

OBD test. Vehicles must pass the readiness

monitor portion of the OBD test to be eligible for a cost-based or estimate-based waiver.

G. Repairs made to correct failures

for readiness monitor tampering caused by

the installation of aftermarket components

shall not be eligible for cost-based or estimate-based waivers.

5. Diagnostic trouble code test.

A. Vehicles will fail the diagnostic

trouble code test if the OBD system has

stored at least one (1) mature (non-pending,

non-historic) DTC that commands the MIL to

be illuminated.

B. Vehicles will fail the diagnostic

trouble code test if the vehicle commands the

MIL to be illuminated but the OBD system

has no mature (non-pending, non-historic)

DTCs stored in the system.

C. The contractor shall ensure that

their inspection equipment’s request for

DTCs does not cause the MIL to be illuminated.

D. Vehicles that fail the DTC portion

of the OBD test shall fail the OBD test.

(C) If the subject vehicle passes the OBD

test according to the OBD test standards

specified in subsection (3)(I) of this rule and

all of the OBD test procedures described in

section (5) of this rule, then the procedures in

paragraph (3)(H)3. of this rule shall be followed.

(D) If the subject vehicle fails the OBD test

according to the OBD test standards specified

in subsection (3)(I) of this rule or any of the

OBD test procedures described in section (5)

of this rule, then the procedures in paragraphs

(3)(H)6., (3)(H)7., and (3)(J)2. of this rule

shall be followed.

AUTHORITY: section 643.310.1., RSMo

Supp. 2011.* Original rule filed Jan. 16,

2007, effective Aug. 30, 2007. Amended:

Filed Oct. 1, 2008, effective May 30, 2009.

Amended: Filed May 15, 2012, effective Dec.

30, 2012.

*Original authority: 643.310, RSMo 1994, amended

1998, 1999, 2003, 2006.

10 CSR 10-5.385 Control of Heavy Duty

Diesel Vehicle Idling Emissions

PURPOSE: The purpose of this rule is to

implement restrictions on the idling of heavy

duty diesel vehicles in the St. Louis Ozone

Nonattainment Area. The evidence supporting the need for this rule, per section

536.016, RSMo, is the federally approved

2007 Revision of the State Implementation

Plan for the St. Louis Eight (8)-Hour Ozone

Nonattainment Area.

(1) Applicability.

(A) This regulation applies throughout St.

Louis City and Franklin, Jefferson, St.

Charles, and St. Louis Counties. 

(B) This regulation applies to owners or

operators of commercial, public, and institutional heavy duty diesel vehicles that are

designed to operate on public streets and highways, whether or not the vehicles are operated

52 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

10 CSR 10-5.381 (amendment) On-Board Diagnostic Vehicle Emission 

Inspection is hereby AMENDED by the Missouri Air Conservation Commission 

this 30th day of August, 2012. 

, Chairman 

J~ CI5~ / , Member 

~~kL~_'Member 

_________________________________,Member 

_________________________________, Member 
Technical Support Document for the Amendment of 

10 CSR 10-5.381, On-Board Diagnostics Motor Vehicle Emissions Inspection 

April 18, 2012 

Background and Purpose 

10 CSR 10-5.381 establishes enforceable measures to maintain the mandatory vehicle emissions 

inspection and maintenance (I/M) program in the St. Louis area, known as the Gateway Vehicle 

Inspection Program or GVIP. GVIP is required to reduce and prevent the formation of groundlevel ozone from vehicle emissions in the St. Louis nonattainment area. 

The Missouri Department of Natural Resources’ Air Pollution Control Program is in the process 

of amending 10 CSR 10-5.381 to add an exemption from GVIP testing for plug-in hybrid electric 

vehicles (PHEVs). The PHEV exemption is established by RSMo 643.315 as the result of House 

Bill 354 passing on May 5, 2011 and becoming effective August 28, 2011. 

The proposed amendment to 10 CSR 10-5.381 is expected to be filed with the Joint Committee 

on Administrative Rules and the Secretary of State on May 15, 2012, published in the Missouri 

Register on June 15, 2012, presented for public hearing before the Missouri Air Conservation 

Commission on July 25, 2012, and adopted by the Commission on August 30, 2012. If this 

rulemaking remains on this schedule, the revised rule would be published in the Code of State 

Regulations on October 31, 2012 and submitted to EPA in early November 2012. 

On February 27, 2012, the U.S. Environmental Protection Agency (EPA) submitted written 

comments on the draft rule text indicating that the department needed to provide a demonstration 

showing that GVIP meets the minimum performance standard for basic I/M programs and that 

the state will still be able to demonstrate maintenance throughout the maintenance periods for 

both the 1997 annual fine particulate matter (PM2.5) and the 1997 ozone standards in the St. 

Louis nonattainment area despite the I/M exemption for PHEVs. In 2011, the Air Program 

submitted to EPA redesignation demonstrations and maintenance plans for each of these air 

quality standards. These two documents were titled the Redesignation Demonstration and 

Maintenance Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 8-

Hour Ground-Level Ozone (O3) National Ambient Air Quality Standard and the Redesignation 

Demonstration and Maintenance Plan for the Missouri Portion of the St. Louis Nonattainment 

Area for the 1997 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality 

Standard. The purpose of this document is to demonstrate that GVIP with the PHEV exemption 

continues to meet the minimum basic I/M performance standard and does not interfere with the 

state’s ability to maintain the 1997 ozone and 1997 annual PM2.5 standards through 2022, the 

final year of the maintenance plans for these pollutants. 

Demonstration 

The Air Program performed mobile emission modeling using the Mobile Vehicle Emissions 

Simulator version 2010a (MOVES 2010a) for the St. Louis nonattainment area. The three 

pollutants that are impacted by GVIP are Oxides of Nitrogen (NOx), Volatile Organic 
Compounds (VOC), and Carbon Monoxide (CO). Therefore, the modeling was performed for 

each of these three pollutants. The year for which mobile emissions were modeled was the 

future year in both maintenance plans (2022). 

The procedures for this analysis were recommended by EPA’s Office of Transportation and Air 

Quality (OTAQ). Because the MOVES model does not categorize PHEV as a separate class of 

vehicles, OTAQ recommended adjusting the I/M program model input based on the assuming a 

worst-case scenario in which all PHEVs do not comply with GVIP. To reflect this scenario, the 

compliance factor parameter in the I/M input for the model was reduced by the expected 

percentage of PHEVs in the vehicle population in 2022. 

In order to estimate the expected percentage of the total passenger car fleet in the St. Louis 

nonattainment area that PHEVs will represent in 2022, the Air Program assumed that PHEV 

sales would have a 0.4% per year penetration rate in new car sales beginning in 2012. This is 

based on a study by Deloitte analysis, primary research; GfK Automotive Purchase Funnel 

Benchmarks, Jan 2010; however the study projects the growth of both 100% battery electric 

vehicles and plug-in hybrid electric vehicles together. According to the graph in Figure 1, under 

the probable scenario for electric vehicle sales the percentage of new car sales in the U.S. that are 

either 100% battery electric vehicles or PHEVs will increase by 0.4% each year. Therefore, 

assuming a 0.4% per year penetration rate in new car sales for just PHEVs overestimates the 

growth rate of PHEV sales. 

Figure 1. Market Penetration and Volume Trends for Battery Electric Vehicles and PHEV 

Time Line 

Note: 1) Analysis considered battery electric vehicles and PHEV only. 2) Current funnel is derived based on the 

customer survey. The 2020 purchase funnel is based on sensitivity of consideration to purchase price and range 

within customer clusters and the purchase funnel metrics for Hybrid adoption 3) The U.S. light vehicle volume for 

2020 is assumed to be 15 million. 

Source: Deloitte analysis, primary research; GfK Automotive Purchase Funnel Benchmarks, Jan 2010

According to the Missouri Department of Revenue (DOR) registration data that was used to 

develop the MOVES inputs for the base/attainment year (2008) in the Maintenance Plans for 
PM2.5 and Ozone for the St. Louis nonattainment area, there was a total of 941,942 passenger 

cars registered in the St. Louis nonattainment area in 2008. This same registration data showed 

that passenger cars less than one model year old represented 2.48% of the total passenger car 

fleet in the St. Louis nonattainment area. Therefore, it is assumed that new passenger car sales in 

the St. Louis nonattainment area represent 2.48% of the total passenger car fleet. Table 1 was 

created based on this 2008 DOR data, and assumes a 1.5% total passenger car population growth 

rate (which is consistent with the growth rate used in the Ozone and PM2.5 Maintenance Plans) 

and that PHEV sales would have a 0.4% per year penetration rate in new passenger car sales 

beginning in 2012. In 2011, the DOR reported that there were only two (2) PHEV registered in 

the St. Louis nonattainment area. According to Table 1, PHEVs will represent 0.43% of the 

passenger vehicle fleet in 2020, and since emissions inspections are only required in the St. 

Louis nonattainment area every two years the 2020 model year vehicles will be the newest 

vehicles impacted by the I/M input in the model. Therefore, the compliance factor parameter in 

the I/M program input for MOVES was reduced by 0.43% and the model was run to calculate the 

mobile emissions for the year 2022. 

The attachment includes additional documentation of the MOVES inputs used in this 

demonstration. 
Table 1. Percentage of PHEV in the St. Louis Nonattainment Area 

Percentage of PHEV in the St. Louis Nonattainment Area Through 2022 

Year 2011 2012 2013 2014 2015 2016 2017 2018 Total number of Passenger Cars (1.5% growth rate from 2008) 985,968 1,000,758 1,015,769 1,031,006 1,046,471 1,062,168 1,078,100 1,094,272 1Total number of New Passenger Car Sales (2.48% of total number of cars) 24,452 24,819 25,191 25,569 25,952 26,342 26,737 27,138 Percent of New Car Sales that are PHEV (Grows by 0.4% each year) 0.00% 0.40% 0.80% 1.20% 1.60% 2.00% 2.40% 2.80% Total number of New Passenger Car Sales that are PHEV 2 99 202 307 415 527 642 760 Total Number of Cars that are PHEV 2 101 303 610 1,025 1,552 2,193 2,953 Percent of PHEV compared to the Total Passenger Car Fleet 0.00% 0.01% 0.03% 0.06% 0.10% 0.15% 0.20% 0.27% 
Conclusion 

Ozone 

After the MOVES model was run for 2022 Ozone Season Day emissions with the adjustment in 

the I/M program input to account for the PHEV exemption, the NOx and VOC emissions were 

added to the projections for NOx and VOC emissions from point, area, and off-road mobile 

sources in 2022 that were included in the Ozone Maintenance Plan. The total projected 2022 

Ozone Season Day emissions were compared to the base/attainment year (2008) Ozone Season 

Day emissions included in the Maintenance Plan from all four source categories to ensure that 

maintenance could still be demonstrated. Tables 2 – 5 show the results of this analysis. As 

shown in the tables, the projections for total NOx and VOC emissions in 2022 both remain 

substantially lower than 2008 emissions, thus demonstrating maintenance of 1997 Ozone 

standard when the PHEV exemption is included in GVIP. 

Table 2. 2008 NOx and VOC Emissions from the Ozone Maintenance Plan 

(Tons/per Ozone Season Day) * 

Source Category NOx VOC

Point Sources 88.84 18.0

Area Sources 6.52 99.48

On‐Road Mobile Sources 161.25 60.86

Off‐Road Mobile Sources 60.85 46.44

Total 317.46 224.78

*Note: On-Road Mobile Source Emissions are based on an updated run of the Motor Vehicle Emissions Simulator 

(MOVES) 2010a with the correct I/M input to characterize the Gateway Vehicle Inspection Program (GVIP) in the 

St. Louis nonattainment area. Area source emissions include the addition of Stage II refueling emissions, which 

were incorrectly included with the mobile source emissions in the Maintenance Plan. 

Table 3. 2022 NOx and VOC Emissions from the Ozone Maintenance Plan 

(Tons/per Ozone Season Day) * 

Source Category NOx VOC

Point Sources 92.81 25.79

Area Sources 6.77 121.70

On‐Road Mobile Sources 44.78 21.02

Off‐Road Mobile Sources 44.37 28.21

Total 188.73 196.72

*Note: On-Road Mobile Source Emissions are based on an updated run of the Motor Vehicle Emissions Simulator 

(MOVES) 2010a with the correct I/M input to characterize the GVIP in the St. Louis nonattainment area. Area 

source emissions include the addition of Stage II refueling emissions, which were incorrectly included with the 

mobile source emissions in the Maintenance Plan. 
Table 4. 2022 NOx and VOC Emissions with the PHEV Exemption 

(Tons/per Ozone Season Day) * 

Source Category NOx VOC

Point Sources 92.81 25.79

Area Sources 6.77 121.70

On‐Road Mobile Sources 44.79 21.02

Off‐Road Mobile Sources 44.37 28.21

Total 188.74 196.72

*Note: Area source emissions include the addition of Stage II refueling emissions, which were incorrectly included 

with the mobile source emissions in the Maintenance Plan. Due to rounding, mobile source VOC emissions did not 

change as a result of the PHEV exemption. 

Because the change in emissions calculated for mobile sources as a result of the PHEV 

exemption are so minimal, the 2022 mobile source emissions and the emissions with the PHEV 

exemption are compared in Table 5 with the emissions rounded to the third decimal place in 

order to show the change. 

Table 5. 2022 Mobile Source NOx and VOC Emissions in the Ozone Maintenance Plan and 

the 2022 Mobile Source Emissions Calculated with the PHEV Exemption 

(Tons/per Ozone Season Day) * 

Source Category NOx VOC

On‐Road Mobile Sources (Maintenance Plan) 44.781 21.017

On‐Road Mobile Sources (PHEV Exemption) 44.786 21.023

Impact of the PHEV Exemption +0.005 +0.006

Impact of the PHEV Exemption (%) +0.01% +0.03%

*Note: Maintenance Plan On-Road Mobile Source Emissions are based on an updated run of MOVES 2010a with 

the correct I/M input to characterize the GVIP in the St. Louis nonattainment area. Stage II refueling have been 

removed from the mobile source inventory.

The 0.01% increase in Ozone Season NOx emissions and the 0.03% increase in Ozone Season 

VOC mobile source emissions are negligible. If these increases are compared with the NOx and 

VOC emissions from all source categories, they represent less than 0.01% of the NOx and VOC 

emissions inventories for 2022 Ozone Season Day. These increases will not impact the state’s 

ability to demonstrate maintenance of the 1997 Ozone Standard. 

PM2.5

After running the MOVES model for 2022 annual mobile emissions with the adjustment in the 

I/M program input to account for the PHEV exemption, the adjusted mobile NOx emissions were 

added to the projections for NOx emissions from point, area, and off-road mobile sources in 2022 

that were included in the PM2.5 Maintenance Plan. PM2.5 and SO2 emissions were not modeled 

because these pollutants are not impacted by the I/M input in MOVES 2010a. The total 

projected 2022 annual emissions were compared to the base/attainment year (2008) annual 

emissions included in the Maintenance Plan from all four source categories to ensure that 

maintenance could still be demonstrated. Tables 6 – 9 show the results of this analysis. As 

shown by the tables, the projections for total annual NOx emissions in 2022 is still substantially 
lower than 2008 emissions, thus demonstrating maintenance of 1997 PM2.5 standard despite the 

PHEV exemption in GVIP. 

Table 6. 2008 Annual NOx Emissions from the PM2.5 Maintenance Plan 

(Tons/Year) * 

Source Category NOx

Point Sources 31,103

Area Sources 4,426

On‐Road Mobile Sources 58,820

Off‐Road Mobile Sources 21,456

Total 115,805

*Note: On-Road Mobile Source Emissions are based on an updated run of the Motor Vehicle Emissions Simulator 

(MOVES) 2010a with the correct I/M input to characterize the Gateway Vehicle Inspection Program (GVIP) in the 

St. Louis nonattainment area. 

Table 7. 2022 Annual NOx Emissions from the PM2.5 Maintenance Plan 

(Tons/Year) * 

Source Category NOx

Point Sources 32,641

Area Sources 4,542

On‐Road Mobile Sources 16,568

Off‐Road Mobile Sources 16,567

Total 70,318

*Note: On-Road Mobile Source Emissions are based on an updated run of the Motor Vehicle Emissions Simulator 

(MOVES) 2010a with the correct I/M input to characterize the GVIP in the St. Louis nonattainment area. 

Table 8. 2022 Annual NOx Emissions with the PHEV Exemption 

(Tons/Year) 

Source Category NOx

Point Sources 32,641

Area Sources 4,542

On‐Road Mobile Sources 16,570

Off‐Road Mobile Sources 16,567

Total 70,320

Because the change in emissions calculated for mobile sources as a result of the PHEV 

exemption are so minimal, the 2022 mobile source emissions without the PHEV exemption and 

the emissions with the PHEV exemption are listed in Table 9. This table rounds the emissions to 

the second decimal place in order to show the change. 
Table 9. 2022 Annual Mobile Source NOx Emissions in the PM2.5 Maintenance Plan and the 

2022 Mobile Source Emissions Calculated with the PHEV Exemption (Tons/Year) * 

Source Category NOx

On‐Road Mobile Sources (Maintenance Plan) 16,568.44

On‐Road Mobile Sources (PHEV Exemption) 16,570.26

Impact of the PHEV Exemption +1.82

Impact of the PHEV Exemption (%) +0.01%

*Note: Maintenance Plan On-Road Mobile Source Emissions are based on an updated run of MOVES 2010a with 

the correct I/M input to describe the GVIP in the St. Louis nonattainment area.

The 0.01% increase in Annual NOx mobile source emissions is negligible. If this increase is 

compared with the NOx emissions from all four source categories, it represents less than 0.01% 

of the annual NOx emissions inventory for 2022. This increase will not impact the state’s ability 

to demonstrate maintenance of the 1997 PM2.5 Standard. 

Minimum Performance Standard

In 2007, the Air Program submitted a demonstration to EPA showing the GVIP meets the 

minimum performance standard for a basic I/M program. The demonstration included emissions 

comparisons with the minimum performance standard for CO, NOx, and VOC. The emissions 

outputs for 2022 ozone season day emissions of CO, NOx, and VOC from the recent MOVES 

2010a modeling runs performed to analyze the impacts of the PHEV exemption are compared to 

the 2022 emissions from the GVIP program as modeled using MOVES 2010a in Tables 10 – 13. 

Table 13 shows the impacts of the PHEV exemption are 0.03%, 0.01%, and 0.03% increases for 

CO, NOx and VOC, respectively. These minimal increases are based on a worst-case scenario 

that overestimates PHEV penetration and assumes all PHEVs would not comply with the I/M 

program. Despite these conservative assumptions the increases are negligible. These negligible 

increases would have no impact on the demonstration the Air Program submitted in 2007 

showing that the GVIP meets the minimum performance standard for a basic I/M program. 

Table 10. 2022 STLNAA GVIP Table 11. 2022 STLNAA PHEV

Mobile Source Emissions   Mobile Source Emissions

(Tons/Ozone Season Day) (Tons/Ozone Season Day)

County Name CO NOx VOC

Franklin County 19.573 3.128 1.395

Jefferson County 27.836 4.055 2.358

St. Charles County 40.254 5.991 3.247

St. Louis County 155.186 24.638 11.234

St. Louis City 41.224 6.969 2.783

Totals 284.074 44.781 21.017

County Name CO NOx VOC

Franklin County 19.578 3.128 1.396

Jefferson County 27.842 4.055 2.358

St. Charles County 40.264 5.992 3.248

St. Louis County 155.228 24.641 11.237

St. Louis City 41.235 6.970 2.783

Totals 284.147 44.786 21.023
Table 12. Change in STLNAA 2022 Mobile Source    Table 13. Change in STLNAA 2022 Mobile

Emissions from GVIP to PHEV    Source Emissions from GVIP to PHEV

(Tons/Ozone Season Day) (%/Ozone Season Day)

County Name CO NOx VOC

Franklin County +0.005 0.000 +0.001

Jefferson County +0.006 0.000 0.000

St. Charles County +0.010 +0.001 +0.001

St. Louis County +0.042 +0.003 +0.003

St. Louis City +0.011 +0.001 0.000

Totals +0.073 +0.005 +0.006

County Name CO NOx VOC

Franklin County +0.03% 0.00% +0.07%

Jefferson County +0.02% 0.00% 0.00%

St. Charles County +0.02% +0.02% +0.03%

St. Louis County +0.03% +0.01% +0.03%

St. Louis City +0.03% +0.01% 0.00%

Totals +0.03% +0.01% +0.03%
1 

Attachment 

Developing the MOVES I/M Input Tables for the 

St. Louis Gateway Vehicle Inspection Program with 

Plug-In Hybrid Electric Vehicle Exemption 

EPA has technical guidance on appropriate input assumptions and sources of data for the use of MOVES 2010 

in State Implementation Plan (http://www.epa.gov/otaq/models/moves/420b10023.pdf). Section 3.10 of this 

guidance document explains the appropriate assumptions and methods to be used when developing the I/M 

input table for MOVES 2010. This guidance has been followed in the development of I/M input Tables 2 – 6 at 

the end of this document. This document outlines the approach used to develop each parameter of these I/M 

input tables in MOVES. The goal in developing these I/M input tables is to accurately reflect the actual I/M 

program being implemented in the St. Louis nonattainment area, known as the Gateway Vehicle Inspection 

Program or GVIP. 

Pollutant Process ID 

To begin development of the I/M input table, the default data for the I/M input table for St. Louis County was 

exported from the MOVES county database manager. The default data included four different I/M test types. 

However, GVIP only has two different test types (On-board diagnostics) OBD tests for the exhaust and 

evaporative systems. In the default I/M input table, these were the only two types of tests that were “turned on” 

along with the appropriate pollutant process IDs that would be impacted by each test. Therefore, the pollutant 

process IDs that were included in the default table for the two OBD tests were the same pollutant process IDs 

used in the I/M input table for the St. Louis nonattainment area. The other two tests included in the default data 

along with their associated pollutant process IDs were still included in the I/M input table, but they were 

“turned off.” 

Source Type ID 

GVIP includes passenger cars and also trucks with a gross vehicle weight rating of 8,500 lbs. or less. The three 

source type IDs included in the I/M input table for GVIP were passenger cars, passenger trucks, and light 

commercial trucks (IDs = 21, 31, and 32). 

Fuel Type ID 

GVIP is applicable to both gasoline and diesel vehicles; however, MOVES only calculates an I/M benefit for 

gasoline vehicles. The fuel type ID for gasoline (ID=1) was the only fuel type ID used in the I/M input table for 

GVIP. 

Inspection Frequency 

GVIP requires that emissions be tested every two years, so the inspection frequency ID that represents biennial 

tests (ID = 2) was used in the I/M input table for the OBD tests applicable to the St. Louis nonattainment area. 
2 

Test Standards 

GVIP is a centralized program with OBD tests for exhaust and evaporative systems on the vehicles. The test 

standard IDs for exhaust OBD check and the evaporative system OBD check (IDs = 43 and 51) were used in the 

I/M input table for the St. Louis nonattainment area. 

I/M Program ID 

This is an arbitrary number developed by the MOVES user to define a unique test given for vehicles within a 

range of model years. I/M program IDs were arbitrarily assigned to the various unique tests within the St. Louis 

I/M program. 

Beginning and Ending Model Years 

GVIP applies to gasoline vehicles with a model year of 1996 or later and it also applies to diesel vehicles with a 

model year of 1997 or later. Since the emissions inspection is required biennially, the ending model year would 

always be two years less than the emissions inventory year that is being developed. Therefore, for the tests for 

gasoline vehicles, the beginning model year is 1996 and the ending model year is two years earlier than the year 

for which MOVES is being run. As stated previously, MOVES only calculates an I/M benefit for gasoline 

vehicles, and diesel vehicles are not being included in the I/M input table. 

Compliance Factor 

According to page 39 of the MOVES guidance document the compliance factor is calculated with the following 

equation: 

Compliance Factor = percent compliance rate x (100 – percent waiver rate) x regulatory class coverage 

adjustment. 

Therefore, in order to calculate the compliance factor for each source type included in the I/M program, the 

compliance rate, waiver rate, and regulatory class coverage adjustment needed to be determined. These three 

values were determined by the processes described below and then the compliance factors for each source type 

were calculated with the equation written above. 

Compliance Rate 

The compliance rate was calculated with the following equation: 

Compliance Rate = Number of vehicles that were tested over a two year period (2008 – 2009) / Population of 

vehicles that is theoretically subject to I/M during the same period. 

In order to determine the compliance rate, as it compares to the source type population by model year, the 

population of vehicles that is theoretically subject to I/M first needed to be determined. 

In May 2009, the Missouri Department of Revenue (DOR) Vehicle Registration database was queried and a 

VIN decoder was used to separate the vehicle counts into Mobile 6.2 vehicle classes by model year. In the St. 

Louis nonattainment area, the Mobile 6.2 vehicle classes that are subject to I/M include 1996 and newer light 

duty gasoline vehicles, light duty gasoline trucks Class 1, light duty gasoline trucks Class 2, light duty gasoline 

trucks Class 3, light duty gasoline trucks Class 4, as well as 1997 and newer light duty diesel vehicles, light 

duty diesel trucks Class 1, light duty diesel trucks Class 2, light duty diesel trucks Class 3, and light duty diesel 

trucks Class 4. Table 1 shows the total combined population of these 10 vehicle classes within the appropriate 

model years by county in the St. Louis nonattainment area according the May 2009 DOR data. 

 
3 

Table 1. Vehicles Theoretically Subject to GVIP in the St. Louis Nonattainment Area 

County Light Duty Gas (1996 and newer) Light Duty Diesel (1997 and newer) 

Franklin 73,300 328

Jefferson 150,998 484

St Charles 238,672 589

St Louis City 144,871 345

St Louis County 756,978 1,653

Total 1,364,819 3,399

Total Count 1,368,218 

The Air Program also queried the I/M report generator to determine the total number of vehicles, which had 

their emissions tested at least once from January 1, 2008 through December 31, 2009. The query also included 

the total number of vehicles that received waivers during the same time period. Table 2 was generated with 

data from this query. 

Table 2. Initially Tested Vehicles that Received a Waiver in the St. Louis I/M Program from January 1, 

2008 through December 31, 2009 

Using the data from Tables 1 and 2 above the compliance rate is calculated for GVIP with the following 

equation: 

 Compliance Rate: (1,344,747 / 1,368,218) x 100% = 98.28% 

 
4 

Waiver Rate 

The waiver rate is the percentage of vehicles that fail an initial I/M test and do not pass a retest, but do receive a 

certificate of compliance. The waiver rate was determined by dividing the number of vehicles that received 

waivers from January 1, 2008 through December 31, 2009 by the total number of vehicles that were tested at 

least once during the same time period. Therefore, the waiver rate was calculated for GVIP with the following 

equation: 

 Waiver Rate: (4,761 / 1,344,747) X 100% = 0.35% 

Regulatory Class Coverage Adjustment 

The regulatory class coverage adjustment is an adjustment that accounts for the fraction of vehicles within a 

source type that are covered by the I/M program. Since GVIP exempts vehicles with a gross vehicle weight 

rating above 8,500 lbs., the compliance factor needs to reflect the percentage of vehicles in the source types 

subject to I/M that are exempt because of their GVWR. Table A.3 in the Appendix of the MOVES Technical 

Guidance Document was used to develop adjustments to the compliance factor to account for this discrepancy. 

The adjustments are percentages of vehicle miles traveled by the various regulatory weight classes within a 

source type. The corresponding adjustment factors used for the three source categories are as follow: 

 Passenger cars: 100% 

 Passenger Trucks: 94% 

 Light Commercial Trucks: 88% 

Calculating the Compliance Factor 

Based on the calculations listed above the compliance factor for each source category impacted by GVIP is 

listed below. 

Passenger cars: 98.28% x (100% - 0.35%) x 100% = 97.94%

Passenger Trucks: 98.28% x (100% - 0.35%) x 94% = 92.06%

Light Commercial Trucks: 98.28% x (100% - 0.35%) x 88% = 86.18% 

Following the methodology outlined in the Technical Support Document for the Amendment of 10 CSR 10-

5.381 On-Board Diagnostics Motor Vehicle Emissions Inspection, the compliance factor for passenger cars was 

adjusted to account for the PHEV exemption as follows. 

Passenger cars: 97.94% - 0.43% = 97.51 

2022 MOVES I/M Program Input Tables 

Default MOVES data was used for Average Speed Distribution, Road Type Distribution, VMT Monthly 

Distribution, VMT Daily Distribution, and VMT Hourly Distribution for all five counties. The MOVES inputs 

for source type population, annual VMT, fuel formulation, fuel supply, vehicle age distribution, and 

meteorological were consistent with inputs used to develop the 2022 mobile source emissions inventory in the 

maintenance plans. See the Redesignation Demonstration and Maintenance Plan for the Missouri Portion of the 

St. Louis Nonattainment Area for the 1997 8-Hour Ground-Level Ozone (O3) National Ambient Air Quality 

Standard (October 27, 2011) and the Redesignation Demonstration and Maintenance Plan for the Missouri 

Portion of the St. Louis Nonattainment Area for the 1997 Annual Fine Particulate Matter (PM2.5) National 

Ambient Air Quality Standard (August 25, 2011) for additional information on those MOVES inputs. 
5 

Tables 3 and 4 include the 2022 MOVES input tables used to characterize the I/M program in this 

demonstration. Table 3 is the GVIP base run without the PHEV exemption, and Table 4 is GVIP run with the 

adjusted passenger vehicle compliance factor to account for the PHEV exemption. 

Table 3 – 2022 Inspection and Maintenance Data for GVIP (base run with no adjustment for PHEV exemption) 

Note: The same I/M settings were used for Franklin, Jefferson, St. Charles, St. Louis Counties and St. Louis City. The 

table below shows only one county for conciseness (State and County ID columns were removed). 

Pol

Process

ID

Year

ID

Source

Type

ID

Fuel

Type

ID

IM

Program

ID

Inspect

Freq

Test

Standards

ID

Beg

Model

Year ID

End

Model

Year ID

Use IM

Y/N

Compliance

Factor

101 2022 21 1 1 1 11 1971 1995 N 93.12

101 2022 21 1 10 2 51 1996 2020 Y 97.94

101 2022 31 1 1 1 11 1971 1995 N 93.12

101 2022 31 1 10 2 51 1996 2020 Y 92.06

101 2022 32 1 1 1 11 1971 1995 N 93.12

101 2022 32 1 10 2 51 1996 2020 Y 86.18

102 2022 21 1 1 1 11 1971 1995 N 93.12

102 2022 21 1 10 2 51 1996 2020 Y 97.94

102 2022 31 1 1 1 11 1971 1995 N 93.12

102 2022 31 1 10 2 51 1996 2020 Y 92.06

102 2022 32 1 1 1 11 1971 1995 N 93.12

102 2022 32 1 10 2 51 1996 2020 Y 86.18

112 2022 21 1 7 1 41 1971 1995 N 93.12

112 2022 21 1 8 2 43 1996 2020 Y 97.94

112 2022 31 1 7 1 41 1971 1995 N 93.12

112 2022 31 1 8 2 43 1996 2020 Y 92.06

112 2022 32 1 7 1 41 1971 1995 N 93.12

112 2022 32 1 8 2 43 1996 2020 Y 86.18

113 2022 21 1 7 1 41 1971 1995 N 93.12

113 2022 21 1 8 2 43 1996 2020 Y 97.94

113 2022 31 1 7 1 41 1971 1995 N 93.12

113 2022 31 1 8 2 43 1996 2020 Y 92.06

113 2022 32 1 7 1 41 1971 1995 N 93.12

113 2022 32 1 8 2 43 1996 2020 Y 86.18

201 2022 21 1 1 1 11 1971 1995 N 93.12

201 2022 21 1 10 2 51 1996 2020 Y 97.94

201 2022 31 1 1 1 11 1971 1995 N 93.12

201 2022 31 1 10 2 51 1996 2020 Y 92.06

201 2022 32 1 1 1 11 1971 1995 N 93.12

201 2022 32 1 10 2 51 1996 2020 Y 86.18

202 2022 21 1 1 1 11 1971 1995 N 93.12

202 2022 21 1 10 2 51 1996 2020 Y 97.94

202 2022 31 1 1 1 11 1971 1995 N 93.12
6 

Pol

Process

ID

Year

ID

Source

Type

ID

Fuel

Type

ID

IM

Program

ID

Inspect

Freq

Test

Standards

ID

Beg

Model

Year ID

End

Model

Year ID

Use IM

Y/N

Compliance

Factor

202 2022 31 1 10 2 51 1996 2020 Y 92.06

202 2022 32 1 1 1 11 1971 1995 N 93.12

202 2022 32 1 10 2 51 1996 2020 Y 86.18

301 2022 21 1 10 2 51 1996 2020 Y 97.94

301 2022 31 1 10 2 51 1996 2020 Y 92.06

301 2022 32 1 10 2 51 1996 2020 Y 86.18

302 2022 21 1 10 2 51 1996 2020 Y 97.94

302 2022 31 1 10 2 51 1996 2020 Y 92.06

302 2022 32 1 10 2 51 1996 2020 Y 86.18

Table 4 – 2022 Inspection and Maintenance Data for GVIP with Adjusted Passenger Vehicle Compliance Factor to 

Account for PHEV Exemption 

Note: The same I/M settings were used for Franklin, Jefferson, St. Charles, St. Louis Counties and St. Louis City. The 

table below shows only one county for conciseness (State and County ID columns were removed). 

Pol

Process

ID

Year

ID

Source

Type

ID

Fuel

Type

ID

IM

Program

ID

Inspect

Freq

Test

Standards

ID

Beg

Model

Year ID

End

Model

Year ID

Use IM

Y/M

Compliance

Factor

101 2022 21 1 1 1 11 1971 1995 N 93.12

101 2022 21 1 10 2 51 1996 2020 Y 97.51

101 2022 31 1 1 1 11 1971 1995 N 93.12

101 2022 31 1 10 2 51 1996 2020 Y 92.06

101 2022 32 1 1 1 11 1971 1995 N 93.12

101 2022 32 1 10 2 51 1996 2020 Y 86.18

102 2022 21 1 1 1 11 1971 1995 N 93.12

102 2022 21 1 10 2 51 1996 2020 Y 97.51

102 2022 31 1 1 1 11 1971 1995 N 93.12

102 2022 31 1 10 2 51 1996 2020 Y 92.06

102 2022 32 1 1 1 11 1971 1995 N 93.12

102 2022 32 1 10 2 51 1996 2020 Y 86.18

112 2022 21 1 7 1 41 1971 1995 N 93.12

112 2022 21 1 8 2 43 1996 2020 Y 97.51

112 2022 31 1 7 1 41 1971 1995 N 93.12

112 2022 31 1 8 2 43 1996 2020 Y 92.06

112 2022 32 1 7 1 41 1971 1995 N 93.12

112 2022 32 1 8 2 43 1996 2020 Y 86.18

113 2022 21 1 7 1 41 1971 1995 N 93.12

113 2022 21 1 8 2 43 1996 2020 Y 97.51

113 2022 31 1 7 1 41 1971 1995 N 93.12

113 2022 31 1 8 2 43 1996 2020 Y 92.06

113 2022 32 1 7 1 41 1971 1995 N 93.12

113 2022 32 1 8 2 43 1996 2020 Y 86.18
7 

Pol

Process

ID

Year

ID

Source

Type

ID

Fuel

Type

ID

IM

Program

ID

Inspect

Freq

Test

Standards

ID

Beg

Model

Year ID

End

Model

Year ID

Use IM

Y/M

Compliance

Factor

201 2022 21 1 1 1 11 1971 1995 N 93.12

201 2022 21 1 10 2 51 1996 2020 Y 97.51

201 2022 31 1 1 1 11 1971 1995 N 93.12

201 2022 31 1 10 2 51 1996 2020 Y 92.06

201 2022 32 1 1 1 11 1971 1995 N 93.12

201 2022 32 1 10 2 51 1996 2020 Y 86.18

202 2022 21 1 1 1 11 1971 1995 N 93.12

202 2022 21 1 10 2 51 1996 2020 Y 97.51

202 2022 31 1 1 1 11 1971 1995 N 93.12

202 2022 31 1 10 2 51 1996 2020 Y 92.06

202 2022 32 1 1 1 11 1971 1995 N 93.12

202 2022 32 1 10 2 51 1996 2020 Y 86.18

301 2022 21 1 10 2 51 1996 2020 Y 97.94

301 2022 31 1 10 2 51 1996 2020 Y 92.06

301 2022 32 1 10 2 51 1996 2020 Y 86.18

302 2022 21 1 10 2 51 1996 2020 Y 97.51

302 2022 31 1 10 2 51 1996 2020 Y 92.06

302 2022 32 1 10 2 51 1996 2020 Y 86.18
1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Friday, June 22, 2012 10:25 AM

To: Bechtel, Cheri

Subject: Courtesy Copy: Air Pollution Control Program, Rules on Public Notice

This is a courtesy copy of an email bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (361 recipients) 

Having trouble viewing this email? View it as a Web page.

Below is a notice for rulemaking items scheduled for public hearing at the July 25, 2012 Missouri Air 

Conservation Commission meeting. If you have any questions, please contact Wendy Vit with the Air 

Pollution Control Program at (573) 751-0572 or wendy.vit@dnr.mo.gov . 

 

MISSOURI AIR CONSERVATION COMMISSION

WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Wednesday, July 25, 2012 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, Lower 

Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related 

to the following proposed actions: 

* 10 CSR 10-5.381 (amendment) On-Board Diagnostics Motor Vehicle Emissions Inspection 

* 10 CSR 10-6.070 (amendment) New Source Performance Regulations. This rule action will not be 

submitted for inclusion in the Missouri State Implementation Plan but will be submitted to accept 

delegation of enforcement authority for federal regulations from the U.S. Environmental Protection 

Agency.

* 10 CSR 10-6.075 (amendment) Maximum Achievable Control Technology Regulations. This rule action 

will not be submitted for inclusion in the Missouri State Implementation Plan but will be submitted to 

accept delegation of enforcement authority for federal regulations from the U.S. Environmental Protection 

Agency.

* 10 CSR 10-6.080 (amendment) Emission Standards for Hazardous Air Pollutants. This rule action will not 

be submitted for inclusion in the Missouri State Implementation Plan but will be submitted to accept 
2

delegation of enforcement authority for federal regulations from the U.S. Environmental Protection 

Agency.

If the Commission adopts these actions, it will be the Department’s intention to submit them to the U.S. 

Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless otherwise noted 

above.

Documents for the above item(s) will be available for review at the Missouri Department of Natural Resources, 

Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section 

of the program web site http://dnr.mo.gov/env/apcp/public-notices.htm. This information will be available at least 

30 days prior to the public hearing date. 

The Department will accept written or email comments for the record until 5 p.m. on August 1, 2012. Please send 

written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson 

City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and 

email comments and public hearing testimony will be equally considered. 

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation 

Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, Jefferson 

City, Missouri 65102-0176, or telephone (573) 526-3420. The Department requests persons intending to give 

verbal presentations also provide a written copy of their testimony to the commission secretary at the time of the 

public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make 

arrangements by calling the Program directly at (573) 751-4817, the Division of Environmental Quality's toll free 

number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural 

Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired 

persons may contact the program through Relay Missouri, (800) 735-2966.

 

 

Update your subscriptions, modify your password or email address, or stop subscriptions at any time on your 

Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or 

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This service is provided to you at no charge by Missouri DNR. 
Jay Nixon, Governor 

Sara Parker Pauley, Director

Air Pollution Control Program

Rulemakings on Public Notice                                                    

The Missouri Department of Natural Resources filed the following proposed rulemakings with the 

secretary of state's office and comments are being accepted as noted at the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit 

comments electronically, use the links below the rule or to submit written comments see the address 

below.

10 CSR 10-5.381 (amendment) On-Board Diagnostics Motor Vehicle Emissions Inspection

This proposed amendment will add an exemption from the vehicle emissions inspection program for Plugin Hybrid Electric Vehicles (PHEVs) per 643.315, RSMo, in the St. Louis nonattainment area. This 

exemption is a result of House Bill 354 passing on May 5, 2011 and becoming effective on August 28, 2011.

Proposed rulemaking - Published in June 15, 2012 Missouri Register.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business Aug. 1, 2012. 

10 CSR 10-6.070 (amendment) New Source Performance Regulations

This proposed amendment will adopt new emission standards, updates, and clarifications to existing 

federal rule 40 CFR 60 that were promulgated from January 1, 2011 through February 16, 2012. This rule 

as a whole establishes acceptable design and performance criteria for specified new or modified emission

sources.

Proposed rulemaking - Published in June 15, 2012 Missouri Register.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

10 CSR 10-6.075 (amendment) Maximum Achievable Control Technology Regulations

This proposed amendment will adopt new emission standards, updates, and clarifications to existing 

federal rule 40 CFR 63 that were promulgated from January 1, 2011 through February 16, 2012. This rule 

as a whole establishes emission control technology, performance criteria, and work practices to achieve 

emission standards for sources that emit, or have the potential to emit, hazardous air pollutants.

Proposed rulemaking - Published in June 15, 2012 Missouri Register.

Submit comments now

Submit written comments

Rulemakings on Public Notice - DNR Page 1 of 2

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 6/22/2012
Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

10 CSR 10-6.080 (amendment) Emission Standards for Hazardous Air Pollutants

This proposed amendment will adopt new emission standards, updates, and clarifications to existing 

federal rule 40 CFR 61 that were promulgated from January 1, 2011 through February 16, 2012. This rule 

as a whole establishes emission standards and performance criteria for new or modified sources emitting 

hazardous air pollutants. 

Proposed rulemaking - Published in June 15, 2012 Missouri Register.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

Submit written comments about any rule development to:

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176

Back to top

Rulemakings on Public Notice - DNR Page 2 of 2

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 6/22/2012
 HEARING 7/25/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 3

1 BEFORE THE MISSOURI AIR CONSERVATION COMMISSION

 STATE OF MISSOURI

2

3

4

5

6 PUBLIC HEARING

7 TRANSCRIPT OF PROCEEDINGS

8

 Wednesday, July 25, 2012

9

 10:00 a.m.

10

 1730 East Elm Street

11

 Bennett Springs Conference Room

12

 Jefferson City, MO 65101

13

14

15

16

17 COMMISSIONERS PRESENT:

18 Commissioner David Zimmerman,

 Commissioner Ron Boyer,

19 Commissioner Mark Garnett,

 Commissioner David Pendergrass

20

21

22

23

24

25
 HEARING 7/25/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 5

1 TRANSCRIPT OF PROCEEDINGS

2 COMMISSIONER ZIMMERMAN: The hearing will come

3 to order. Let the record show that the following

4 Commissioners are present. David Zimmerman, Ron Boyer,

5 Mark Garnett and Gary Pendergrass.

6 The Air Conservation Commission of the State of

7 Missouri has called this public hearing pursuant to

8 Section 643.070 Revised Statutes of Missouri, EPA

9 Promulgated Rule 40 CFR 51-102 for the purpose of hearing

10 testimony relating to: 10 CSR 10-5.381, (Amendment)

11 On-Board Diagnostic Vehicle Emission Inspection, 10 CSR

12 10-6.070 (Amendment) New Source Performance Regulations,

13 10 CSR 10-6.075 (Amendment) Maximum Achievable Control

14 Technology Regulations, 10 CSR 10-6.080 (Amendment)

15 Emission Standards for Hazardous Air Pollutants.

16 The hearing record will close at 5 p.m. on

17 August 1, 2012. Anyone who has not been scheduled to

18 appear but who wishes to be heard should indicate that you

19 wish to speak on the sign-in sheets available at the door.

20 Section 643.100 of the Missouri statutes

21 provides that all oral testimony be given under oath.

22 Accordingly, when you are called to testify, please

23 present yourself to the court reporter first to be sworn

24 in.

25 When you testify, please state your name,
 HEARING 7/25/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 7

1 agencies; Illinois, Kansas and other surrounding states;

2 and the U.S. Environmental Protection Agency of this

3 public hearing. Chairman, this concludes my testimony.

4 COMMISSIONER ZIMMERMAN: Thank you. For 10 CSR

5 10-5.381, Shelly Reimer.

6 SHELLY REIMER,

7 being first duly sworn to testify the truth, the whole

8 truth, and nothing but the truth, testified as follows:

9 TESTIMONY OF SHELLY REIMER

10 Ms. REIMER: Good morning Commissioners.

11 COMMISSIONER BOYER: Good morning.

12 MS. SHELLY REIMER: My name is Shelly Reimer. I

13 am employed in the Rules Unit of the Air Pollution Control

14 Program at 1659 East Elm Street in Jefferson City.

15 I am here today to present testimony on the

16 proposed amendment to 10 CSR 10-5.381 On-Board Diagnostics

17 Motor Vehicle Emissions Inspection.

18 This rule amendment can be found beginning on

19 page 93 of your briefing document. This rule fulfills the

20 State and Federal requirements for the Mandatory Vehicle

21 Emissions Inspection Maintenance Program.

22 The St. Louis non-attainment area inspection and

23 maintenance program, also known as the Gateway Vehicle

24 Inspection Program, or GVIP, reduces vehicle emissions in

25 the St. Louis non-attainment area.
Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

PROPOSED AMENDMENT

10 CSR 10-5.381 On-Board Diagnostics Motor Vehicle Emissions

Inspection. The commission proposes to amend the rule purpose;

subsections (1)(B), (3)(A)–(3)(F), (3)(H)–(3)(K), (3)(N), (4)(B),

(4)(J), (5)(A), and (5)(B); and section (2). If the commission adopts

this rule action, it will be the department’s intention to submit this

rule amendment to the U.S. Environmental Protection Agency to

replace the current rule that is in the Missouri State Implementation

Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural

Resources’ Air Pollution Control Program at the address listed in the

Notice of Public Hearing at the end of this rule. More information

concerning this rulemaking can be found at the Missouri Department

of Natural Resources’ Environmental Regulatory Agenda website,

www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule enacts the provisions of 643.300–643.355,

RSMo, and meets the 1990 Federal Clean Air Act Amendments

requirement that the ozone state implementation plan contains necessary enforceable measures to maintain the mandatory vehicle emissions inspection and maintenance program. The purpose of the

inspection and maintenance program is to reduce and prevent the formation of ground-level ozone from vehicle emissions in the St. Louis

nonattainment area. The purpose of this amendment is to add an

exemption from the vehicle emissions inspection program for Plug-In

Hybrid Electric Vehicles (PHEVs) per 643.315, RSMo, in the St.

Louis nonattainment area. The evidence supporting the need for this

proposed rulemaking, per 536.016, RSMo, is 643.315, RSMo. 

PURPOSE: This rule enacts the provisions of [sections]

643.300–643.355, RSMo, and meets the 1990 Federal Clean Air Act

Amendments requirement that the ozone state implementation plan

contains necessary enforceable measures to maintain the mandatory

vehicle emissions inspection and maintenance program. The purpose

of the inspection and maintenance program is to reduce and prevent

the formation of ground-level ozone [forming] from vehicle emissions in the St. Louis nonattainment area.

(1) Applicability.

(B) The following vehicles are exempt from this rule:

1. Heavy duty gasoline-powered and heavy duty diesel-powered

vehicles that receive a [G]gross [V]vehicle [W]weight [R]rating

(GVWR) exemption described in subsection (4)(I) of this rule;

2. Light duty gasoline-powered vehicles and trucks manufactured prior to the 1996 model year and light duty diesel-powered

vehicles and trucks manufactured prior to the 1997 model year;

3. Motorcycles and motortricycles;

4. Vehicles [which are] powered exclusively by electric or

hydrogen power or by fuels other than gasoline, ethanol (E10 and

E85), or diesel;

5. Motor vehicles registered in an area subject to the inspection

requirements of [sections] 643.300 [to]– 643.355, RSMo, that are

domiciled and operated exclusively in an area of the state not subject

to the inspection requirements of [sections] 643.300 [to]– 643.355,

RSMo, that receive an out-of-area exemption described in subsection

(4)(J) of this rule;

6. New and unused motor vehicles, of model years of the current calendar year and of any calendar year within two (2) years of

such calendar year, that have an odometer reading of fewer than six

thousand (6,000) miles at the time of original sale by a motor vehicle manufacturer or licensed motor vehicle dealer to the first user;

7. New motor vehicles that have not been previously titled and

registered[,] for the four (4)-year period following their model year

of manufacture[,] that have an odometer reading of fewer than forty

thousand (40,000) miles showing at the first required biennial safety

inspection. These vehicles qualify for a mileage-based exemption

described in subsection (4)(H) of this rule. Otherwise, such motor

vehicles shall be subject to the emissions inspection requirements of

subsection (3)(B) of this rule during the same period that the biennial safety inspection is conducted;

8. Motor vehicles [that are] driven fewer than twelve thousand

(12,000) miles between biennial safety inspections that receive a

mileage-based exemption described in subsection (4)(H) of this rule.

A. Prior to October 1, 2009, handwritten MVI-2 safety

inspection forms or printed safety Vehicle Inspection Reports (VIRs)

shall be provided by the owner to the department.

(I) The proof of exemption from the emissions inspection

955

Proposed Rules

Proposed Amendment Text Reminder:

Boldface text indicates new matter.

[Bracketed text indicates matter being deleted.]

Under this heading will appear the text of proposed rules

and changes. The notice of proposed rulemaking is

required to contain an explanation of any new rule or any

change in an existing rule and the reasons therefor. This is set

out in the Purpose section with each rule. Also required is a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely new rules are printed without any special symbology under the heading of the proposed rule. If an existing rule is to be amended or rescinded, it will have a heading

of proposed amendment or proposed rescission. Rules which

are proposed to be amended will have new matter printed in

boldface type and matter to be deleted placed in brackets.

An important function of the Missouri Register is to solicit

and encourage public participation in the rulemaking

process. The law provides that for every proposed rule,

amendment, or rescission there must be a notice that anyone

may comment on the proposed action. This comment may

take different forms.

I

f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public

Hearing will appear following the text of the rule. Hearing

dates must be at least thirty (30) days after publication of the

notice in the Missouri Register. If no hearing is planned or

required, the agency must give a Notice to Submit

Comments. This allows anyone to file statements in support

of or in opposition to the proposed action with the agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An agency may hold a public hearing on a rule eventhough not required by law to hold one. If an agency

allows comments to be received following the hearing date,

the close of comments date will be used as the beginning day

in the ninety (90)-day-count necessary for the filing of the

order of rulemaking.

I

f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new

notice of proposed rulemaking and schedule a hearing for a

date not less than thirty (30) days from the date of publication

of the new notice.

MISSOURI

REGISTER

June 15, 2012

Vol. 37, No. 12
requirement shall consist of two (2) vehicle safety inspection reports

issued to the owner of the vehicle being exempted.

(II) The first safety inspection report shall have been issued

during the vehicle’s previous biennial safety inspection. The second

safety inspection report shall have been issued during the current

biennial inspection cycle, performed within [the] sixty (60) days of

the owner’s registration request.

(III) Each vehicle safety inspection report must document

the odometer reading at the time of the vehicle’s biennial safety

inspections, and the difference between these two (2) odometer readings shall be no greater than eleven thousand nine hundred ninetynine (11,999).

B. Beginning October 1, 2009, this exemption shall be issued

automatically by licensed emissions inspection stations using the

contractor’s Missouri Decentralized Analyzer System (MDAS)

equipment and lane software;

9. Historic motor vehicles registered pursuant to [section]

301.131, RSMo;

10. School buses;

11. Tactical military vehicles; 

12. Visitor, employee, or military personnel vehicles on federal

installations provided appointments do not exceed sixty (60) calendar

days; [and]

13. Specially constructed vehicles[.]; and

14. Plug-in hybrid electric vehicles (PHEVs). 

(2) Definitions.

(A) [Business day—All days, excluding Saturdays,

Sundays, and state holidays, that an inspection station is

open to the public.] Plug-in hybrid electric vehicle (PHEV)—A

plug-in hybrid electric drive vehicle that is made by a manufacturer, has not been modified from original manufacturer specifications, and can operate solely on electric power and is capable

of recharging its battery from an on-board generation source and

an off-board electricity source. 

[(B) Clean scanning—The illegal act of connecting the OnBoard Diagnostics (OBD) cable or wireless transmitter to the

data link connector of a vehicle other than the vehicle photographed and identified on the emissions VIR for the purpose of bypassing the required OBD test procedure.

(C) Compliance cycle—The two (2)-year duration during

which a subject vehicle in the enhanced emissions inspection program area is required to comply with sections

643.300–643.355, RSMo.

1. For private entity vehicles, the compliance cycle

begins sixty (60) days prior to the subject vehicle’s registration and biennial license plate tab expiration.

2. For public entity vehicles, the compliance cycle

begins on January 1 of each even-numbered calendar year.

The compliance cycle ends on December 31 of each oddnumbered calendar year.

(D) Contractor—The state contracted company who shall

implement the decentralized motor vehicle emissions inspection program as specified in sections 643.300–643.355,

RSMo, and the state contracted company who shall implement the acceptance test procedure.

(E) Department—The Missouri Department of Natural

Resources, the state agency responsible for oversight of the

vehicle emissions inspection and maintenance program that

is required by the 1990 Federal Clean Air Act Amendments.

(F) Data Link Connector (DLC)—The terminal required to

be installed on all On-Board Diagnostics (OBD) equipped

vehicles that allows communication with a vehicle’s OBD

system.

(G) Diagnostic Trouble Code (DTC)—An alphanumeric

code consisting of five (5) characters which is stored by a

vehicle’s On-Board Diagnostics system if a vehicle malfunctions or deteriorates in such a way as to potentially raise the

vehicle’s tailpipe or evaporative emissions more than 1.5

times the federal test procedure certification limits. The code

indicates the system or component that is in need of diagnosis and repair to prevent the vehicle’s emissions from

increasing further.

(H) Emissions inspection—Tests performed on a vehicle in

order to evaluate whether the vehicle’s emissions control

components are present and properly functioning.

(I) Gross Vehicle Weight Rating (GVWR)—The value specified by the manufacturer as the maximum design loaded

weight of a single vehicle.

(J) Ground-level ozone—A colorless, odorless gas formed

by the mixing of volatile organic compounds and oxides of

nitrogen from stationary and mobile pollution sources in the

presence of heat and sunlight. Ground-level ozone is a strong

oxidizer that negatively affects human health by causing

diminished lung function in both healthy individuals and

those with pre-existing respiratory problems.

(K) Heavy Duty Vehicle (HDV)—Any motor vehicle rated at

eight thousand five hundred one (8,501) pounds GVWR or

more.

(L) Initial emissions inspection—An emissions inspection

consisting of the inspection series that occurs the first time

a vehicle is inspected in a compliance cycle.

(M) Licensed emissions inspection station—Any business

that has met the licensing requirements described in this rule

and been licensed to offer vehicle emissions inspection services on behalf of the department.

(N) Licensed emissions inspector—Any individual that has

met the licensing requirements described in this rule and

been licensed to conduct vehicle emissions inspections on

behalf of the department.

(O) Light Duty Truck (LDT)—Any motor vehicle rated at

eight thousand five hundred pounds (8,500 lbs.) GVWR or

less which has a vehicle curb weight of six thousand

(6,000) pounds or less and which has a basic vehicle frontal

area of forty-five (45) square feet or less, which is—

1. Designed primarily for purposes of transportation of

property or is a derivation of such a vehicle;

2. Designed primarily for transportation of persons and

has a capacity of more than twelve (12) persons; or

3. Available with special features enabling off-street or

off-highway operation and use.

(P) Light Duty Vehicle (LDV)—A passenger car or passenger car derivative capable of seating twelve (12) passengers

or less that is rated at six thousand (6,000) pounds GVWR

or less.

(Q) Malfunction Indicator Lamp (MIL)—An amber-colored

warning light located on the dashboard of vehicles equipped

with On-Board Diagnostics systems indicating to the vehicle

operator that the vehicle either has a malfunction or has

deteriorated enough to cause a potential increase in the vehicle’s tailpipe or evaporative emissions.

(R) Missouri Decentralized Analyzer System (MDAS)—The

emissions inspection equipment that is sold by the state’s

contractor to licensed emissions inspection stations. The

department may approve alternative equipment if the equipment described in this subsection is no longer available. At

a minimum, the vehicle emissions inspection equipment

shall consist of the following contractor equipment package:

1. At least a seventeen-inch (17”) Liquid Crystal Display

(LCD) monitor;

2. Universal serial bus (USB) lane camera;

3. At least a 4.0 megapixel digital camera and dock;

4. Fingerprint scanner;

5. Two hundred fifty-six (256) megabyte USB flash

drive;

Page 956 Proposed Rules

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Vol. 37, No. 12
6. Keyboard with plastic keyboard cover and optical

mouse;

7. Printer with ink or toner cartridges and blank paper;

8. 2D barcode reader;

9. Windshield sticker printer with blank windshield

stickers and thermal cartridge;

10. OBD vehicle interface cable with a standard Society

of Automotive Engineers J1962/J1978 OBD connector;

11. OBD verification tool;

12. Low-speed or high-speed internet connection capabilities;

13. Surge protector and uninterruptible power supply

(UPS);

14. At least a 3.0 gigahertz (GHz) personal computer

(DellTM Pentium® 4 or equivalent), with Windows Vista® and

one (1) gigabyte of random access memory (RAM); and

15. Metal cabinet to hold all of the components

described in this subsection of the rule.

(S) Missouri Department of Revenue (MDOR)—The state

agency responsible for the oversight of vehicle registration at

contract offices and via the internet. MDOR is also responsible for the registration denial method of enforcement for

the vehicle emissions inspection and maintenance program.

(T) Missouri State Highway Patrol (MSHP)—The state

agency responsible for the oversight of the vehicle safety

inspection program and joint oversight with the department

of the vehicle emissions inspection and maintenance program.

(U) On-Board Diagnostics (OBD)—A vehicle emissions

early-warning system required by federal law to be installed

on all light-duty 1996 and newer model year vehicles for sale

in the United States. The OBD system monitors sensors and

emissions-control related components on a vehicle to ensure

that the emissions control system operates properly throughout a vehicle’s lifetime. If one (1) or more components of the

emissions control system malfunctions or deteriorates, the

OBD system will illuminate the Malfunction Indicator Lamp

and store one (1) or more Diagnostic Trouble Codes.

(V) On-Board Diagnostics (OBD) test—A test in which a

vehicle’s OBD system is connected to a hand-held tool or

computer that an inspector uses to determine and/or collect

and record—

1. The status of the OBD system’s MIL when the vehicle engine is off and when the vehicle engine is running;

2. Data link connector access and functionality and

OBD communication;

3. Vehicle signature information, including, but not limited to, the electronic vehicle identification number (VIN) and

other unique parameter identifiers;

4. The status of all of the OBD system’s readiness monitors;

5. The OBD system’s MIL command status; and

6. Any DTCs, including those that are commanding the

MIL to be illuminated.

(W) Qualifying repair—Any repair or adjustment performed

on a vehicle’s emissions control system after failing an initial emissions inspection, that is reasonable to the test

method failure. A qualifying repair is submitted as part of a

cost-based waiver application and must document, to the

department’s satisfaction, the diagnostic testing or analysis

method used by the person performing the repair. Repairs

performed by a repair technician that were not authorized by

the vehicle owner’s signature or verbal consent may not be

considered a qualifying repair. The qualifying repair must be

performed within ninety (90) days after the date of initial

emissions inspection. The initial or subsequent emissions

reinspection should support the necessity of the qualifying

repair. The qualifying repair may consist of either—

1. The parts costs, spent by a vehicle owner or charged

to a vehicle owner by a repair technician, that are appropriate for the type of emissions inspection failure; or

2. The parts and recognized labor costs, charged to a

vehicle owner by a Recognized Repair Technician, that are

appropriate for the type of emissions inspection failure.

(X) Readiness monitor—A design feature of On-Board

Diagnostics systems. If a readiness monitor has been set,

then the OBD system has completed a diagnostic check on

that component. If a readiness monitor has not been set,

then the OBD system has not completed a diagnostic check

on that component.

(Y) Recognized labor costs—The labor costs that a

Recognized Repair Technician charges for emissions repair

services rendered to a vehicle that fails its emissions inspection. Labor costs not tied to an emissions repair or solely for

the purposes of setting readiness monitors may not be considered qualifying repairs.

(Z) Recognized Repair Technician—Any person who—

1. Is professionally engaged full-time in vehicle repair or

employed by an ongoing business whose purpose is vehicle

repair. A Recognized Repair Technician may only be recognized by the department at one (1) place of employment;

2. Has valid certifications from the National Institute for

Automotive Service Excellence (ASE) in Electrical Systems

(A6), Engine Performance (A8), and Advanced Engine

Performance Specialist (L1) that have not expired; and

3. Has not been reported by the department to the attorney general for unlawful merchandising practices according

to subsection 643.330.4, RSMo.

(AA) Specially constructed vehicle—A motor vehicle that

has not been originally constructed under a distinctive name,

make, model, or type by a manufacturer of motor vehicles,

that has been issued a specially constructed VIN number

from the MDOR, and that has had the specially constructed

VIN installed by the MSHP. The term specially constructed

vehicle includes kit vehicles that are motor vehicles assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer’s statement of origin.

(BB) Vehicle Inspection Database (VID)—The vehicle

inspection database, operated and maintained by the department’s contractor. All vehicle emissions inspection information is uploaded by the MDAS inspection equipment to the

VID on a real time basis as soon as each inspection is complete.

(CC) Vehicle Inspection Report (VIR)—The vehicle inspection report printed by the MDAS inspection equipment at the

conclusion of each vehicle’s emissions inspection. The VIR

is designed solely to provide information regarding the emissions inspection results to motorists, and may not be valid

for vehicle registration purposes.]

[(DD)](B) Definitions of certain terms specified in this rule, other

than those defined in this rule section, may be found in 10 CSR 10-

6.020.

(3) General Provisions.

(A) Subject Vehicle Compliance.

1. Private entity vehicle compliance.

A. Motor vehicles subject to this rule shall demonstrate compliance with emissions standards in this rule. Such demonstration

shall be made through the test methods specified in section (5) of this

rule and be completed according to the compliance cycle [specified

in paragraph (2)(C)1. of this rule] as defined in 10 CSR 10-

6.020, the inspection intervals specified in subsection (3)(B) of this

rule, and the inspection periods specified in subsection (3)(C) of this

rule.

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Vol. 37, No. 12 Missouri Register
B. Completion of the emissions inspection requirements is

necessary for vehicle registration renewal[,] or registration transfer.

C. Failure to complete a vehicle emissions inspection during

the compliance cycle or before vehicle registration shall be a violation of this rule. These violations are subject to penalties specified in

[section] 643.355.5., RSMo.

2. Public entity vehicle compliance.

A. All subject vehicles owned by federal, state, and local

governments shall be emissions inspected according to the compliance cycle [specified in paragraph (2)(C)2. of this rule] as

defined in 10 CSR 10-6.020 and the inspection intervals specified in

subsection (3)(B) of this rule.

B. All federal agencies shall ensure employee and military

personnel vehicles meet the requirements of paragraph (3)(A)2.

according to the December 1999 Interim Guidance for Federal

Facility Compliance With Clean Air Act Sections 118(c) and 118(d)

and Applicable Provisions of State Vehicle Inspection and

Maintenance Programs. This guidance document is incorporated by

reference in this rule, as published by the U.S. Environmental

Protection Agency (EPA), Office of Transportation and Air Quality,

2000 Traverwood, Ann Arbor, MI 48105. This rule does not incorporate any subsequent amendments or additions to this guidance document.

C. Failure to complete a vehicle emissions inspection within

the compliance cycle [specified in paragraph (2)(C)2. of this

rule] as defined in 10 CSR 10-6.020, shall be a violation of this

rule. These violations are subject to penalties specified in [section]

643.355.5., RSMo.

3. Vehicle fleets.

A. Vehicle fleets of any size may be emissions inspected by

the fleet operator, provided the owners or operators of such vehicle

fleets acquire the state contractor’s equipment to conduct the emissions inspections.

B. Vehicle fleets using such equipment shall be subject to the

same inspection requirements as non-fleet vehicles.

C. Fleet inspection facilities shall be subject to quality assurance evaluations at least as stringent as those performed at public

inspection stations.

D. Fleet owners or operators may make repairs to fleet vehicles on-site.

(B) Emissions Inspection Intervals.

1. Subject vehicles[,] manufactured as odd-numbered model

year vehicles are required to be inspected in each odd-numbered calendar year. Subject vehicles manufactured as even-numbered model

year vehicles are required to be inspected in each even-numbered calendar year.

2. At the time of registration transfer, subject vehicles are

required by [section] 643.315.1., RSMo, to be inspected regardless

of the vehicle model year. At the time of registration transfer, prior

to the sale of a vehicle, private sellers of vehicles are required to provide the purchaser with an emissions inspection compliance certificate or compliance waiver that is valid for registering the vehicle

according to inspection period requirements of subsection (3)(C) of

this rule. 

(C) Emissions Inspection Periods.

1. An emissions inspection performed on a subject vehicle via

the vehicle inspection process described in subsections (3)(H)–(K) of

this rule is valid, for the purposes of obtaining registration or registration renewal, for a duration of sixty (60) days from the date of

passing inspection or waiver issuance. An emissions inspection provided by a licensed motor vehicle dealer to the purchaser of a used

vehicle being sold by the licensed motor vehicle dealer is valid for

registration purposes for one hundred twenty (120) days after the

date of inspection. Vehicles being sold shall not be subject to another emissions inspection for ninety (90) days after the date of sale or

transfer of such vehicle.

2. Reinspections occurring fewer than ninety (90) days after the

initial emissions inspection are subject to subsections (3)(J) and

(3)(K) of this rule.

3. Reinspections occurring more than ninety (90) days after the

initial emissions inspection shall be considered to be an initial emissions inspection as defined in [subsection (2)(L) of this rule] 10

CSR 10-6.020 and are subject to subsection (3)(H) of this rule.

(D) Emissions Inspection Fees.

1. Initial vehicle emissions inspection fee. At the time of an initial emissions inspection, the vehicle owner or driver shall pay no

more than twenty-four dollars ($24) to the licensed emissions inspection station. The inspection station shall determine the forms of payment accepted. Fleet operators inspecting their own fleet vehicles at

their own inspection facility are exempt from initial vehicle emissions

inspection fees.

2. Vehicle emissions reinspection fee. Each initial vehicle emissions inspection fee shall include one (1) free reinspection, provided

that the reinspection is conducted within twenty (20) business days of

the initial emissions inspection at the same inspection station that

performed the initial inspection.

A. To qualify for one (1) free reinspection, the vehicle owner

or driver shall present the previous VIR and the completed repair

data sheet described in subsection (4)(D) of this rule to the emissions

inspection station that conducted the initial emissions inspection,

within twenty (20) business days of the initial emissions inspection.

The emissions inspector shall return the previous VIR to the vehicle

owner.

B. At the emissions inspection station’s discretion, reinspections occurring more than twenty (20) business days after the initial

emissions inspection may be performed upon payment of the initial

emissions inspection fee to the emissions inspection station.

C. Fleet operators reinspecting their own fleet vehicles at

their own inspection facility are exempt from vehicle emissions reinspection fees.

3. Emissions inspection oversight fee.

A. Licensed emissions inspection stations shall pre-pay the

state two dollars and fifty cents ($2.50) for each passing emissions

inspection that they intend to perform. The fee shall be paid to the

Director of Revenue and submitted to the Missouri State Highway

Patrol (MSHP). The MSHP shall deposit the fee into the “Missouri

Air Emissions Reduction Fund” as established by [section]

643.350, RSMo. The MSHP will then use the contractor’s vehicle

inspection database (VID) to credit the number of pre-paid emissions inspections to the licensed emissions inspection station’s

MDAS. The MDAS shall deduct one (1) emissions credit authorization for each passing emissions inspection.

B. Licensed inspection stations are required to maintain a sufficient positive quantity of emissions credits on their analyzer(s) to

prevent having to turn away motorists who have requested an inspection.

C. At the time that a licensed emissions inspection station

discontinues operation or chooses not to renew its emissions inspection license, the department will issue the licensed emissions inspection station a full refund of two dollars and fifty cents ($2.50) for

each paid emissions inspection credit authorization that remains on

the licensed emissions inspection station’s MDAS. The department

shall withdraw the pre-paid fees from the “Missouri Air Emissions

Reduction Fund” as established by [section] 643.350, RSMo, and

send the existing balance of the pre-paid fees to the licensed inspection station. The MSHP will then delete all pre-paid emissions

inspections from the inspection equipment.

4. Vehicle inspection database (VID) service fee. Licensed emissions inspection stations shall pay the contractor three dollars and

forty-five cents ($3.45) for each paid emissions inspection that they

perform. The fee shall be made payable to the contractor and submitted monthly according to the terms of the contract between the contractor and the licensed emissions inspection stations. The contractor

shall reimburse any [vehicle inspection database (]VID[)] service

fee overcharges to an inspection station within sixty (60) days of the

date of notification by the emissions inspection station manager.

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(E) Emissions Inspection Equipment.

1. Performance features of emissions inspection equipment.

The MDAS is required for performing any emissions inspections on

subject vehicles. The MDAS shall meet or exceed all applicable EPA

requirements.

A. The MDAS shall be capable of testing all subject vehicles

as required by paragraph (3)(E)3. of this rule. The emissions inspection equipment shall be updated as needed to accommodate new

technology vehicles. The updates shall be provided by the state’s

contractor without cost to the state or the licensed emissions inspection stations.

B. At a minimum, the MDAS shall be[:]—

(I) Automated to the highest degree commercially available

to minimize the potential for intentional fraud and/or human error;

(II) Secure from tampering and/or abuse; and

(III) Based upon written specifications.

2. Functional characteristics of emissions inspection equipment.

The MDAS shall be composed of vehicle inspection equipment controlled by a computer.

A. The MDAS shall automatically[:]—

(I) Make pass/fail decisions for all computer-determined

aspects of the emissions inspection as described in paragraphs

(5)(B)3. through (5)(B)5. of this rule;

(II) Record test data to the MDAS hard drive and the contractor’s VID;

(III) Conduct regular self-testing of recording accuracy;

(IV) Perform electrical calibration and system integrity

checks before each test, as applicable; and

(V) Initiate immediate system lockouts for—

(a) Tampering with security aspects of the MDAS;

(b) Fraudulent inspection activity; 

(c) Exceeding the limit of offline emissions inspections

established by the department and the MSHP; or

(d) Failing the on-board diagnostics (OBD) verification

tool self-check.

B. The MDAS shall include a telecommunications data link

to the contractor’s [Vehicle Inspection Database (]VID[)] as

specified in the contract between the department and the contractor.

Emissions inspection information shall be uploaded immediately to

the VID via this telecommunications data link according to subparagraphs (3)(F)2.C. and (3)(F)5.D. of this rule so that all inspection

information can be electronically verified by the department, the

MSHP, and the MDOR using the contractor-provided internet solution.

C. The MDAS shall ensure accurate data collection by limiting, cross-checking, and/or confirming manual data entry.

3. OBD test equipment. OBD test equipment shall meet the

standards specified in 40 CFR [part 85, subpart W, section

2231. Section 2231] 85.2231, which is incorporated by reference

in this rule, as published by the EPA, Office of Transportation and

Air Quality, 2000 Traverwood, Ann Arbor, MI 48105 on April 5,

2001. This rule does not incorporate any subsequent amendments or

additions to [section 2231] 40 CFR 85.2231. The OBD test equipment shall be able to communicate with all known OBD protocols

and connect to and communicate with a minimum of ninety-eight

percent (98%) of all subject vehicles.

4. All emissions inspection equipment shall meet the quality

control requirements described in paragraph (3)(L)5. of this rule.

Newly acquired emissions inspection equipment and all applicable

MDAS software updates shall be subject to the acceptance test procedures administered by the department’s contractor to ensure compliance with the emissions inspection program specifications.

(F) Emissions Inspection Station Requirements.

1. Premises.

A. Each licensed emissions inspection station shall have an

emissions inspection area within an enclosed building of sufficient

length, width, and height to accommodate a full size light duty vehicle or light duty truck.

B. The licensed emissions inspection station shall be in compliance with applicable city, county, and state regulations relating to

zoning, merchant licensing, fictitious names, and retail sales tax

numbers.

C. The emissions inspection area shall be sufficiently lighted, adequately heated and cooled, and properly ventilated to conduct

an emissions inspection.

2. Equipment. Each licensed emissions inspection station shall

have the following equipment located at or near the inspection area:

A. Scraper. The scraper may be used to remove old windshield stickers;

B. Emissions inspection equipment, including hardware, software, forms, and windshield stickers. The equipment hardware,

[described in subsection (2)(R) of this rule] as described under

the definition for Missouri Decentralized Analyzer System found

in 10 CSR 10-6.020, shall be purchased or leased by the inspection

station from the state’s contractor. All of the equipment must be present and functional. The equipment software shall be provided with

the MDAS equipment purchase or lease and updated periodically at

no cost to the licensed inspection stations. The forms described in

section (4) of this rule shall be provided by the MDAS software. The

windshield stickers described in section (4) of this rule shall be provided by the contractor at no cost to licensed emissions inspection

stations; and

C. Telecommunications. The station shall provide dedicated

data transmission capabilities for the emissions inspection equipment

to stay online with the contractor’s VID. The telecommunications

capabilities may be either high-speed or low-speed. The cost of this

telecommunications service, including initial installation and ongoing maintenance, is the responsibility of the licensed emissions

inspection station.

3. Personnel.

A. Each licensed emissions inspection station shall have a

minimum of one (1) licensed emissions inspector on duty during all

business days during the station’s hours of inspection, except for

short periods of time due to illness or annual vacation.

B. Each licensed emissions inspection station will designate,

on the station license application, the emissions inspection station

manager who will be in charge of emissions inspections. The emissions inspection station manager shall be responsible for the daily

operation of the station and will ensure that complete and proper

emissions inspections are being performed. The emissions inspection

station manager shall be present at the licensed emissions inspection

station during all business days during the station’s hours of inspection, except for short periods of time due to illness or annual vacation.

C. If the station is without at least one (1) emissions inspector or one (1) emissions inspection station manager, then the station

shall be prohibited from conducting emissions inspections.

4. Licensing.

A. Any person, firm, corporation, partnership, or governmental entity requesting an emissions inspection station license shall

submit a completed emissions inspection station application to the

department or to the MSHP.

B. A vehicle emissions inspection station license shall be

valid for twelve (12) months from the date of issuance. A completed

emissions inspection station license application shall be accompanied

by a check or money order for one hundred dollars ($100) made

payable to the Director of Revenue and submitted to either the

Missouri Department of Natural Resources, Air Pollution Control

Program, Attn: Inspection and Maintenance, PO Box 176, Jefferson

City, MO 65102-0176 or the MSHP. Under no circumstances will

cash be accepted for the license fee.

C. For the purposes of emissions and safety inspection

license synchronization, a vehicle emissions inspection station

license may be valid for fewer than twelve (12) months from the date

of issuance. A completed emissions inspection station license application shall be accompanied by a check or money order made

Page 959 June 15, 2012

Vol. 37, No. 12 Missouri Register
payable to the Director of Revenue and submitted to either the

Missouri Department of Natural Resources, Air Pollution Control

Program, Attn: Inspection and Maintenance, PO Box 176, Jefferson

City, MO 65102-0176 or the MSHP. The check or money order shall

submit the pro-rated fee of eight dollars and thirty-three cents

($8.33) times the number of months between the month of the application, including the month of application, for the emissions inspection license and the month that the safety inspection license will be

renewed. Under no circumstances will cash be accepted for the

license fee.

D. Except as provided by subparagraph (3)(F)4.C. of this

rule, station licenses are valid for a period of one (1) year from the

date of issuance, unless the license is suspended or revoked by the

department or the MSHP. The owners of licensed emissions inspection stations that are renewing their emissions inspection license shall

complete the requirements of subparagraph (3)(F)4.B. of this rule.

E. Along with the application fee, applicants shall submit the

following information on a form provided by either the department

or the MSHP:

(I) Proof of liability insurance;

(II) The business’s federal and state taxpayer identification

number;

(III) The physical address of the inspection station;

(IV) The mailing address, if different from physical

address, of the inspection station;

(V) The phone number and, if available, fax number of the

inspection station;

(VI) The last name, first initial, and, if already licensed by

the MSHP, the inspector number of the licensed emissions inspector(s) employed by that station; and

(VII) The first and last name of the emissions inspection

station manager(s) employed by that station.

F. No license issued to an emissions inspection station may

be transferred or used at any other location. Any change in ownership or location shall void the current station license. The department

must be notified immediately when a change of ownership or location occurs or when a station discontinues operation. Businesses that

change locations will be charged another license fee for the cost of

the new license. Businesses that change owners will be treated as new

licensees and charged another license fee for the new license.

G. When an emissions inspection station license has been

suspended or revoked, or when a station discontinues operation, all

emissions inspection supplies including, but not limited to, blank

windshield stickers described in section (4) of this rule and the emissions inspection station sign described in subparagraph (3)(F)7.C.,

shall be released on demand to the department or the MSHP. The

failure to account for all emissions inspection supplies will be sufficient cause for the department or the MSHP to not reinstate an emissions inspection station license. 

H. No emissions inspection station license will be issued to a

spouse, child or children, son/daughter-in-law, employee, or any person having an interest in the business for the privilege to conduct

emissions inspections at the same location or in close proximity to

the location of an emissions inspection station whose license is under

suspension or revocation, unless the applicant can provide reasonable

assurance that the licensee under suspension or revocation will not

be employed, manage, assist in the station operation, or otherwise

benefit financially from the operation of the business in any way.

5. Operations.

A. All emissions inspections must be conducted at the

licensed emissions inspection station in the approved emissions

inspection area described in paragraph (3)(F)1. of this rule.

B. The inspection of a vehicle shall be made only by an individual who has a current, valid emissions inspector license. No person without a current, valid emissions inspector license shall issue an

emissions VIR or a windshield sticker. No owner, operator, or

employee of an inspection station shall furnish, loan, give, or sell an

emissions VIR or windshield sticker to any person except those entitled to receive it because their vehicle has passed the emissions

inspection.

C. If an emissions inspector or an emissions inspection station manager or owner resigns or is dismissed, the emissions inspection station manager or station owner shall report these changes to

the department and the MSHP immediately or within two (2) business days. The emissions inspection station manager or station owner

shall complete an amendment form to inform the department and the

MSHP of these changes in personnel.

D. All current manuals, bulletins, or other rules issued by the

department must be read by the station owner or operator and each

emissions inspector. These resources must be available, either in

printed or electronic form, at all times for ready reference by emissions inspectors, department, and MSHP staff.

E. If the department is asked to settle a difference of opinion

between a vehicle owner and an emissions inspection station manager or emissions inspector concerning the inspection standards and

procedures, the decisions of the department concerning emissions

inspection standards and procedures will be final.

F. Emissions inspection station operators are permitted to

advertise as official emissions inspection stations.

6. Hours of operation.

A. The normal business hours and business days of every

public inspection station shall be at least eight (8) continuous hours

per day, five (5) days per week, excluding all state holidays.

B. Emissions inspectors are obligated to conduct emissions

inspections and reinspections of vehicles during normal business

hours.

(I) A vehicle shall be emissions inspected within a two (2)-

hour period after being presented unless other vehicles are already

being emissions inspected.

(II) A reinspection must begin within one (1) hour when a

vehicle is presented during the twenty (20) consecutive-day period

for reinspections excluding Saturdays, Sundays, and state holidays.

7. Display of inspection station and inspector licenses, sign, and

poster.

A. The department or the department’s designee shall provide

each licensed emissions inspection station with one (1) station

license certificate. The station license certificate shall be framed

under clean glass or plastic and displayed in a conspicuous location

discernible to those presenting vehicles for emissions inspections.

B. The department or the department’s designee shall provide

each licensed emissions inspector with one (1) inspector license certificate. The emissions inspector licenses must be framed under clean

glass or plastic and displayed in a conspicuous location discernible

to those presenting vehicles for emissions inspections.

C. The department or the department’s designee shall provide

each licensed emissions inspection station one (1) official sign, made

of metal or other durable material, to designate the station as an official emissions inspection station. The sign designating the station as

an emissions inspection station shall be displayed in a location visible to motorists driving past the inspection station. Additional signs

may be purchased for a fee equal to the cost to the state for each

additional sign.

D. The department or the department’s designee shall provide each licensed emissions inspection station with one (1) poster

that informs the public that required repairs or corrections need not

be made at that inspection station. The poster must be displayed in a

conspicuous location discernible to those presenting vehicles for

emissions inspections. Additional posters may be purchased for a fee

equal to the cost to the state for each additional poster.

(H) Emissions Inspection Procedures. The emissions inspection

procedure shall meet the following requirements:

1. Every emissions inspection must be performed according to

the procedures described in this rule. Once an emissions inspection

has begun, it shall be completed and shall not be terminated. A vehicle may not be passed or failed based upon a partial inspection;

2. A proper and complete emissions inspection shall consist of

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the OBD test method described in section (5) of this rule, the immediate printing and subsequent issuance of a VIR to the motorist, and

the immediate uploading of the emissions inspection data to the contractor’s VID;

3. All emissions inspection records shall be transmitted to the

state’s contractor as soon as an inspection is complete for the purpose of real time registration verification by the MDOR and program

oversight by the department or the MSHP;

4. The emissions inspection fees shall be charged for each

inspection performed as described in subsection (3)(D) of this rule;

5. Emissions inspection windshield stickers will be issued to an

emissions inspection station by the MSHP and can be printed by only

that station. Emissions inspection windshield stickers shall be kept

secure to prevent them from being lost, damaged, or stolen. If windshield stickers are lost, damaged, or stolen, the incident shall be

reported immediately to the MSHP;

6. The emissions inspector will ensure that all required information is properly and accurately entered into the MDAS. This

includes three (3) mandatory photos, a vehicle description including

the license plate number at the time of inspection, vehicle identification number (VIN), vehicle make, vehicle model, vehicle model

year, fuel type, GVWR range, odometer reading at the time of the

emissions inspection, and the complete mailing address (street

address, city, and zip code) of the vehicle owner; 

7. Using the MDAS digital camera, the emissions inspector

shall take three (3) readily identifiable digital pictures showing the

current license plate, VIN, and odometer reading. The picture of the

license plate, VIN, and odometer must match the plate, VIN, and

odometer reading that is printed on the VIR. These pictures shall

then be immediately uploaded to the VID via the docking station provided with the MDAS.

A. License plate pictures. Pictures of the rear license plate

shall be of the entire rear portion of the vehicle from taillight to taillight. If the vehicle license plate is located only on the front of the

vehicle, then the license plate picture shall be of the entire front of

the vehicle. License plate pictures must be clearly legible.

B. VIN pictures. The camera should be set to the macro picture-taking mode. VIN pictures should be of the dashboard VIN

plate. It may be helpful to illuminate the VIN plate with supplemental lighting, block overhead lighting with a solid object, or take the

photo at an angle so that the camera flash or overhead lights are not

reflected by the windshield glass. VIN pictures must be clearly legible.

C. Odometer pictures. The camera should be set to the macro

picture-taking mode. In the case of digital odometers, the ignition

switch must be on to illuminate the odometer reading. Trip odometer photos are not permissible. It may be helpful to turn on the dashboard lights to help illuminate the odometer without the use of the

camera’s flash. Odometer pictures must be clearly legible;

8. Inspection stations shall ensure that the station analyzer universal serial bus (USB) digital camera is mounted on top of the station analyzer monitor and aimed, with a clear line of sight, towards

the emissions inspection bay every time a vehicle emissions inspection is performed so that the inspection process can be remotely

observed by state agencies throughout the entire vehicle emissions

inspection;

9. Vehicles shall be inspected in as-received condition, including vehicles whose malfunction indicator lamp (MIL) is lit or

whose readiness monitors are unset. The inspector shall connect the

OBD cable or wireless transmitter to the data link connector (DLC)

of the actual vehicle submitted for emissions testing. The connection

shall remain intact and functioning during the entire test procedure.

Clean scanning as defined in [subsection (2)(B) of this rule] 10

CSR 10-6.020 is prohibited. An official inspection, once initiated,

should be performed in its entirety regardless of immediate outcome,

except in the case of an invalid test condition or determination by the

emissions inspector;

10. The initial emissions inspection shall be performed according to the test method described in section (5) of this rule without

repair or adjustment at the emission inspection station prior to commencement of any tests. Emissions inspections performed within

ninety (90) days of the initial emissions inspection shall be considered a reinspection and are subject to provisions of subsection (3)(J)

of this rule;

11. If a subject vehicle passes the emissions test method

described in section (5) of this rule, according to the standards

described in subsection (3)(I) of this rule, the emissions inspection

station shall issue the vehicle owner or driver a passing VIR

described in subsection (4)(A) of this rule, certifying that the vehicle

has passed the emissions inspection, and provide a windshield sticker for the windshield of the subject vehicle according to subsection

(4)(A) of this rule. The positioning of the windshield sticker on the

windshield of the vehicle shall take place on the premises of the

emissions inspection station;

12. If a subject vehicle fails the emissions test method described

in section (5) of this rule, according to the standards described in

subsection (3)(I) of this rule, the emissions inspection station shall

provide the vehicle owner or driver with a failing VIR described in

subsection (4)(B) of this rule that indicates what parts of the OBD

test method the vehicle failed, a repair facility performance report

described in subsection (4)(H) of this rule that lists the ten (10) nearest Missouri Recognized Repair Technicians (MRRTs) to the licensed

emissions inspection station, and a repair data sheet described in

subsection (4)(D) of this rule that is used to collect emissions repair

data for the repair facility performance report;

13. If a subject vehicle fails the emissions test method described

in section (5) of this rule, the vehicle owner shall have the vehicle

repaired. The vehicle shall be reinspected according to the appropriate inspection period as determined by paragraphs (3)(C)2. and

(3)(C)3. of this rule and the reinspection procedures described in

subsection (3)(J) of this rule; and

14. If the emissions inspection is aborted by the MDAS software

or the emissions inspector, the emissions inspection station shall provide the vehicle owner or driver with the emissions VIR described in

subsection (4)(K) of this rule that indicates that the OBD test was

aborted.

(I) Emissions Inspection Standards. Subject vehicles shall fail the

emissions inspection if the vehicle does not meet the OBD test standards specified in 40 CFR [part 85, subpart W, section 2207.

Section 2207] 85.2207, which is incorporated by reference in this

rule, as published by the EPA, Office of Transportation and Air

Quality, 2000 Traverwood, Ann Arbor, MI 48105 on April 5, 2001.

This rule does not incorporate any subsequent amendments or additions to [section 2207] 40 CFR 85.2207.

(J) Emissions Reinspection Procedures.

1. Vehicles that fail the emissions inspection described in section (5) of this rule shall be reinspected according to the test method

described in section (5) of this rule to determine if the repairs were

effective for correcting failures on the previous inspection, thereby

reducing or preventing an increase in present and future tailpipe or

evaporative emissions.

A. The inspector shall enter the data from the repair data

sheet described in subsection (4)(D) of this rule in the MDAS prior

to initiating the reinspection, even if the vehicle receives multiple

reinspections.

B. The inspector shall ensure that the VIN of the reinspected

vehicle matches the VIN of the originally inspected vehicle.

C. The inspector shall enter the current odometer reading of

the vehicle at the time of the reinspection into the MDAS.

D. The inspector shall take three (3) new photographs following the procedure described in paragraph (3)(H)7. of this rule.

E. The inspector shall connect the OBD cable or wireless

transmitter to the data link connector of the actual vehicle submitted

for emissions testing. The connection shall remain intact and functioning during the entire test procedure. Clean scanning as defined in

[subsection (2)(B) of this rule] 10 CSR 10-6.020 is prohibited.

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Vol. 37, No. 12 Missouri Register
2. If the subject vehicle passes a reinspection, then the procedures in paragraph (3)(H)11. of this rule shall be followed.

3. If the subject vehicle fails a reinspection, the vehicle owner

may either:

A. Have more repairs performed on the vehicle and have the

vehicle reinspected; or

B. Apply for a cost-based waiver according to the requirements in paragraphs (3)(K)1.–(3)(K)5. of this rule.

(K) Emissions Inspection Waivers and Exemptions.

1. Cost-based waivers. Vehicle owners or purchasers shall be

issued a cost-based waiver for their vehicle under the following conditions:

A. The subject vehicle has failed the initial emissions inspection, has had qualifying repairs, and has failed an emissions reinspection;

B. The vehicle has passed the bulb check test described in

subparagraph (5)(B)2.A. of this rule, the data link connector test

described in subparagraph (5)(B)3.A. of this rule, the communications test described in subparagraph (5)(B)3.B. of this rule, and the

readiness monitor test described in paragraph (5)(B)4. of this rule.

C. The subject vehicle has all of its emissions control components correctly installed and operating as designed by the vehicle

manufacturer.

(I) To the extent practical, the department representative

shall use the MSHP air pollution control device inspection method

described in 11 CSR 50-2.280 to fulfill the requirement of this subparagraph.

(II) If the vehicle fails the visual inspection described in 11

CSR 50-2.280, then the vehicle will be denied a cost-based waiver;

D. The vehicle operator has submitted to the department the

appropriate waiver application with all required information and necessary signatures completed, along with all itemized receipts of qualifying repairs. The qualifying repairs must meet the requirements of

paragraph (3)(K)2. of this rule. The itemized receipts must meet the

requirements of paragraph (3)(K)3. of this rule;

E. At the discretion of the department, the vehicle owner or

operator may be required to make arrangements to bring the vehicle

to the department or the department’s designee for visual verification

of the vehicle’s repairs or estimated repairs in the case of a costbased estimate waiver application; and

F. To the extent practical, the department representative has

verified that the repairs indicated on the itemized receipts for qualifying repairs were made and that the parts were repaired/replaced as

claimed.

2. The minimum amount spent on qualifying repairs for costbased waivers shall—

A. Exceed four hundred fifty dollars ($450) for vehicles not

fully repaired solely by the owner of the failed vehicle;

B. Exceed four hundred dollars ($400) for all vehicles

repaired solely by the owner of the failed vehicle. Only qualified

repairs that include the part costs for the purchase and installation of

the following parts listed in 40 CFR 51.360(a)(5) will be accepted:

(I) Oxygen sensors;

(II) Catalytic converters;

(III) Exhaust gas recirculation (EGR) valves;

(IV) Evaporative canisters;

(V) Positive crankcase ventilation (PCV) valves;

(VI) Air pumps;

(VII) Distributors;

(VIII) Ignition wires;

(IX) Coils;

(X) Spark plugs; and

(XI) Any hoses, gaskets, belts, clamps, brackets, or other

accessories directly associated with these parts. If the emissions failure is not related to the parts listed in this subparagraph, the cost of

replacing such parts will not count towards the waiver minimum;

C. Exceed two hundred dollars ($200) for all motorists who

provide the department representative with reasonable and reliable

proof that the owner is financially dependent on state and federal disability benefits and other public assistance programs. The proof shall

consist of government issued documentation providing explanation of

the motorist’s disability and financial assistance with regard to personal income. The motorist must also submit the appropriate costbased waiver application with their “Financial Eligibility Waiver

Request”;

D. Be inclusive of part costs paid by motorists performing

qualified vehicle repairs by themselves or for qualified emissions

repair services performed by any repair technician. Labor costs shall

only be applied toward a cost-based waiver if the qualified repair

work was performed by a Recognized Repair Technician;

E. Not include the fee for an emissions inspection or reinspection;

F. Not include the fee for a safety inspection or reinspection;

G. Not include charges for obtaining a written estimate of

needed repairs;

H. Not include the charges for repairs necessary for the vehicle to pass a safety inspection;

I. Not include costs for repairs performed on the vehicle

before the initial emissions inspection failure or more than ninety

(90) days after the initial emissions inspection failure;

J. Not include expenses that are incurred for the repair of[:]—

(I) Emissions control devices or data link connectors that

have been found during either a safety or an emissions inspection to

be tampered with, rendered inoperative, or removed[,];

(II) [t]The MIL; or

(III) [f]For OBD communications failures;

K. Not include the state sales tax for the following motor

vehicle parts that are air pollution control devices:

(I) Air injection parts, air pumps, check valves, and smog

pumps;

(II) Catalytic converters (universal converters, direct fit

converters, converter kits);

(III) [Exhaust gas recirculation (]EGR[)] valves;

(IV) Evaporative canisters and canister purge valves; 

(V) [Positive crankcase ventilation (]PCV[)] valves;

and

(VI) Any vehicle parts that serve the equivalent functions

of the parts listed in parts (3)(K)2.K.(I)–(3)(K)2.K.(V) of this rule;

L. Not include costs and expenses associated with aftermarket catalytic converter replacements that do not conform to the EPA’s

Aftermarket Catalytic Converter (AMCC) enforcement policy. The

EPA’s AMCC enforcement policy, which includes the following

three (3) documents, is hereby incorporated by reference in this

rule[. This rule does not incorporate any subsequent amendments or additions to the EPA’s AMCC enforcement policy]:

(I) The Notice of Proposed Enforcement Policy regarding

the “Sale and Use of Aftermarket Catalytic Converters,” published

on August 5, 1986, by 51 FR 28114 as published by the Office of the

Federal Register, U.S. National Archives and Records, 700

Pennsylvania Avenue NW, Washington, DC 20408;

(II) The publication “What You Should Know About

Using, Installing Or Buying Aftermarket Catalytic Converters” published in September 2000 by the U.S. Environmental Protection

Agency (EPA), Office of Air and Radiation, Office of Transportation

and Air Quality, 1200 Pennsylvania Avenue NW, Washington, DC

20460; and

(III) The letter “Sale and Use of Aftermarket Catalytic

Converters for Vehicles Equipped with On-Board Diagnostic (OBDII) Systems” sent on September 30, 2004, by the U.S.

Environmental Protection Agency (EPA), Office of Enforcement and

Compliance Assurance, 1200 Pennsylvania Avenue NW, Washington,

DC 20460 to the Manufacturers of Emission Control Association.

This rule does not incorporate any subsequent amendments or

additions to the EPA’s AMCC enforcement policy;

M. Not include expenses that are incurred for the restoration

of the vehicle manufacturer’s emissions control system due to the

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installation of sensor simulators, engine control module upgrades, or

other aftermarket components that disable readiness monitors or in

any way bypass or compromise the vehicle manufacturer’s emissions

control system; and

N. Not include costs for emissions repairs or adjustments

covered by a vehicle manufacturer’s warranty, including the minimum federal catalytic converter warranty period of eight (8) years or

eighty thousand (80,000) miles, insurance policy, or contractual

maintenance agreement. The emissions repair costs covered by warranty, insurance, or maintenance agreements shall be separated from

other emissions repair costs and shall not be applied toward the costbased waiver minimum amount. The operator of a vehicle within the

statutory age and mileage coverage under subsection 207(b) of the

federal Clean Air Act shall present a written denial of warranty coverage, with a complete explanation, from the manufacturer or authorized dealer in order for this provision to be waived.

3. The vehicle operator shall present the original of all itemized

repair receipts to the department representative to demonstrate compliance with paragraph (3)(K)2. of this rule. The itemized repair

receipt(s) shall—

A. Include the name, physical address, and phone number of

the repair facility and the model year, make, model, and VIN of the

vehicle being repaired;

B. Describe the diagnostic test(s) performed to identify the

reason the vehicle failed an emissions inspection;

C. Describe the emissions repair(s) that were indicated by the

diagnostic test(s);

D. Document the emissions repairs performed were authorized by the vehicle owner or operator;

E. Describe the emissions repairs that were performed by the

repair technician or vehicle owner;

F. For catalytic converter replacements, include, as a separate

attachment, the documentation that the EPA’s AMCC enforcement

policy requires of the catalytic converter retail seller, vehicle owner,

and/or installer. Catalytic converter replacements will only be

accepted towards a cost-based waiver if they are installed on gasoline-powered vehicles that have failed the most recent OBD test with

at least one (1) catalytic converter Diagnostic Trouble Code (DTC)

(P0420[-]–P0439) as recorded on a failing VIR described in subsection (4)(B) of this rule[.];

G. Describe the vehicle part(s) and the quantity or each type

of part(s) that were serviced or replaced;

H. Describe the readiness monitors that were either set to

ready or left unset;

I. Describe the diagnostic test(s) performed after the repairs

were completed to verify that the vehicle’s emissions control system

is now operating as it was designed to operate by the manufacturer;

J. Clearly list the labor costs, if the vehicle was repaired by

a repair technician, and the part(s) costs separately for each repair

item;

K. Include the repair technician’s name (printed or typed),

signature and, if applicable, the unique identification number of the

Recognized Repair Technician that performed the repair work; and

L. Confirm that payment was collected or financed for the

services rendered and/or parts replaced as listed on the itemized

repair receipt(s).

4. Cost-based estimate waivers. Vehicles shall be issued a costbased estimate waiver under the following conditions:

A. The subject vehicle has failed the initial emissions inspection or reinspection after repair(s) with a single DTC[.];

B. The vehicle has passed the bulb check test described in

subparagraph (5)(B)2.A. of this rule, the data link connector test

described in subparagraph (5)(B)3.A. of this rule, the communications test described in subparagraph (5)(B)3.B. of this rule, and the

readiness monitor test described in paragraph (5)(B)4. of this rule[.];

C. The subject vehicle cannot have received either a costbased waiver or a cost-based estimate waiver during a previous biennial inspection cycle for the same single DTC;

D. The vehicle owner has paid for a diagnostic test of that

DTC by a Recognized Repair Technician or a vehicle repair business

that specializes in a particular make of vehicle or type of repair (e.g.,

transmission repairs), with the items tested and the results described

on the repair estimate; and

E. The diagnostic test results and parts required for the repair

of the single DTC are documented by the shop to exceed four hundred fifty dollars ($450).

5. The department reserves the right to investigate all costbased waiver requests and submitted receipts. Cost-based waiver

requests with incomplete information and/or receipts that do not

identify the vehicle that was repaired, do not itemize the actual cost

of the parts that were serviced, do not list the labor costs separately

from the part costs, indicate that state sales tax was charged on air

pollution control parts exempted from state sales tax as defined in

paragraph (3)(K)2. of this rule, or contain fraudulent information or

part costs as determined by department representatives will not be

accepted by the department. If the conditions of paragraphs

(3)(K)1.–(3)(K)4. of this rule have been met, the department representative shall issue a cost-based waiver and provide the windshield

sticker to be affixed to the vehicle by the vehicle owner. The windshield sticker shall meet the requirements of paragraph (4)(F)2. of

this rule.

6. The contractor shall provide the means to issue cost-based

waivers, VIRs, and windshield stickers from either the department’s

offices or from a portable solution as required by the contract.

7. Out-of-area exemptions. Provided the vehicle owner or driver submits a completed, signed out-of-area affidavit to the department indicating that the vehicle will be operated exclusively in an

area of the state not subject to the inspection requirements of [sections] 643.300 [to]– 643.355, RSMo, for the next twenty-four (24)

months, the department shall issue an emissions inspection VIR,

with an indicator to show that the vehicle has received an out-of-area

exemption to the vehicle owner or driver, and a windshield sticker

shall be affixed to the subject vehicle.

8. Reciprocity waivers. Provided the vehicle owner or driver

presents proof, acceptable to the department, that the subject vehicle

has successfully passed an OBD emissions inspection in another state

within the previous sixty (60) calendar days, the department shall

issue an emissions inspection VIR with an indicator to show that the

vehicle has received a reciprocity waiver to the vehicle owner or driver, and a windshield sticker shall be affixed to the subject vehicle.

A. Reciprocity waivers shall be issued if the motorist submits

proof of a passing OBD emissions inspection from one (1) of the following states: Alaska, Arizona, Connecticut, Delaware, District of

Columbia, Georgia, Illinois, Louisiana, Maine, Massachusetts,

Maryland, Nevada, New Hampshire, New Jersey, New York, North

Carolina, Ohio, Oregon, Pennsylvania, Tennessee unless tested in

Shelby County (Memphis), Rhode Island, Texas, Utah, Vermont,

Virginia, Washington, and Wisconsin.

B. Should any of these states discontinue the use of pass/fail

OBD inspections, the reciprocity waiver shall not be granted.

9. Mileage exemptions. Provided the vehicle owner or driver

submits the required information described in subsection (4)(H) of

this rule, the department or the MDAS shall issue an emissions

inspection VIR, with an indicator to show that the vehicle has

received a mileage-based exemption to the vehicle owner or driver.

10. GVWR exemptions. Provided the emissions inspector verifies that the vehicle is over eight thousand five hundred pounds

(8,500 lbs.) GVWR, the MDAS shall issue an emissions inspection

VIR, with an indicator to show that the vehicle has received a

GVWR exemption to the vehicle owner or driver.

11. The contractor shall provide the means to issue out-of-area,

reciprocity, mileage, and GVWR waivers, exemptions, and VIRs,

from either the department’s offices or from a portable solution as

required by the contract.

(N) Violations and Penalties.

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Vol. 37, No. 12 Missouri Register
1. Criminal penalties. Persons violating this rule shall be subject to the criminal penalties contained in [section] 643.355, RSMo.

2. Procedural penalties. Fraudulent emissions inspections or

repairs are a violation of this rule. All emissions inspection station

operators and emissions inspectors shall comply with the emissions

inspection law, [sections] 643.300–643.355, RSMo, and this emissions inspection rule. All emissions inspections and repairs shall be

conducted in accordance with this emissions inspection rule. The

department shall cause unannounced tests of facilities [which] that

inspect, repair, service, or maintain motor vehicle emissions components and equipment, including submitting known high emission

vehicles with known defects for inspection and repair without prior

disclosure to the repair facility. Failure to comply with the emissions

inspection law or the emissions inspection rule will subject the emissions inspection station manager and emissions inspector(s) to one

(1) or more of the following procedural penalties:

A. Warning;

B. Lockouts as described in paragraph (3)(N)3. of this rule;

C. Fines as described in paragraph (3)(N)4. of this rule; 

D. Suspension or revocation of emissions inspection station

and/or inspector licenses as described in paragraph (3)(N)5. of this

rule;

E. The department’s refusal to accept repair receipts from an

inspection station or repair facility for the purpose of issuing costbased waivers;

F. The department’s revocation of Recognized Repair

Technician status if the repair technician is reported by the department to the attorney general for unlawful merchandising practices

according to [subsection] 643.330.4., RSMo;

G. Reporting of unlawful merchandising practices as defined

in [state statute] Chapter 407, RSMo, by the department to the

attorney general for appropriate legal proceedings under [sections]

407.095 and 407.100, RSMo; and

H. Department or MSHP requests for investigation and/or

criminal and civil penalties by the U.S. Environmental Protection

Agency.

3. Lockouts. The department or MSHP may electronically lockout any emissions inspector, station, MRRT, or equipment if the

department or MSHP identifies any irregularities within the emissions inspection database or any irregularities identified during either

overt or covert audits. The lockout may precede warnings, license

suspensions or revocations, or arrests. The state’s contractor shall

display a lockout warning on the monitor of any inspection equipment that is locked out by the department or MSHP. Lockouts shall

prevent the performing of emissions inspections by the locked out

party. Lockouts shall be cleared when the department or MSHP is

satisfied that there is no longer a need for the lockout. Irregularities

include, but are not limited to:

A. Failure to enter all required information properly and

accurately as described in paragraph (3)(H)6. of this rule;

B. Uploading unclear pictures, uploading license plate pictures that do not match the license plate recorded on the VIR, or failing to upload pictures as described in paragraph (3)(H)7. of this rule;

C. Disconnecting or misdirecting the view of the USB lane

camera described in subparagraph (3)(H)8. of this rule;

D. Clean scanning as described in [subsection (2)(B) and]

paragraph (3)(H)9. of this rule and defined in 10 CSR 10-6.020;

E. Performing more inspections than are physically possible

for a given time duration;

F. Performing emissions inspections using another emissions

inspector’s fingerprint or password;

G. Conducting off-line inspections while the MDAS is not

connected to the VID, unless the VID is off-line;

H. Conducting improper safety inspection of the air pollution

control devices described in 11 CSR 50-2.280;

I. Bad faith or fraudulent repairs performed at the emissions

inspection station or MRRT repair facility where—

(I) Vehicles repeatedly fail reinspections for the same reasons that they initially failed the OBD test;

(II) Vehicle repairs are not qualifying repairs as

[described in subsection (2)(W) of this rule] defined in 10 CSR

10-6.020; or

(III) Physical visual inspection of the repaired vehicles

determines that the repairs were not performed as described on the

submitted repair receipts;

J. Installing or assisting motorists with the installation of

aftermarket catalytic converters that do not conform to EPA’s AMCC

enforcement policy, which is incorporated by reference in subparagraph (3)(K)2.L. of this rule;

K. Installing or assisting motorists with the installation of

aftermarket components that disable or compromise the capabilities

of the vehicle manufacturer’s EPA-certified emissions control system;

L. Failure to maintain a positive balance of emissions inspection credit authorizations described in subparagraph (3)(D)3.B. of

this rule;

M. Failure to upload the emissions inspection results to the

VID immediately upon completion of the inspection per paragraph

(3)(H)2. of this rule;

N. Failure to properly reinspect vehicles that failed an initial

emissions test per paragraph (3)(J)1. of this rule;

O. Failure to pay the VID Service Fees according to the terms

of the contract between the contractor and licensed emissions inspection stations as described in paragraph (3)(D)4. of this rule;

P. Failure to download and install the latest version of lane

software to the MDAS; and

Q. Failure to maintain dedicated data transmission capabilities for the emissions inspection equipment to stay online with the

contractor’s VID.

4. Fines. If anyone is found to have committed an intentional

procedural violation of this rule or that anyone’s procedural violation

involved gross negligence of this rule, they are subject to a fine, and

such fine shall be not less than five (5) times the amount of the fee

described in paragraph (3)(D)1. of this rule.

5. Emissions inspection license suspension and revocation.

Before any emissions inspection station license or emissions inspector license is suspended or revoked by the department or the MSHP,

the holder will be notified, either in writing by certified mail or by

personal service at the station’s address of record, and given the

opportunity to have an administrative hearing as provided by [section] 643.320.3., RSMo.

A. Suspension of emissions inspection station and/or inspector licenses shall be for a period no less than thirty (30) days and not

more than one (1) year.

B. Revocation of emissions inspection station and/or inspector licenses shall be for a period no less than one (1) year and not

more than three (3) years.

6. Civil penalties. Installing catalytic converters that do not conform to EPA’s AMCC enforcement policy, which is incorporated by

reference in subparagraph (3)(K)2.L. of this rule, or installing aftermarket components that in any way bypass or compromise the vehicle manufacturer’s emissions control system on a vehicle operated in

the ozone nonattainment area is a violation of this rule and the federal Clean Air Act section 203(a)(3) (42 U.S.C. 7522 (a)(3)) and

may result in the penalties described in the federal Clean Air Act section 205(a) (42 U.S.C. 7524 (a)).

A. Any manufacturer or new vehicle dealer who violates section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) of the federal Clean

Air Act shall be subject to a civil penalty of not more than thirtyseven thousand five hundred dollars ($37,500), as promulgated on

December 11, 2008, by 73 FR 75340 by the Office of the Federal

Register, U.S. National Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408, which is hereby incorporated

by reference in this rule. This rule does not incorporate any subsequent amendments or additions to the Federal Register. Any violation of section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) shall constitute a separate offense with respect to each motor vehicle or motor

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June 15, 2012

Vol. 37, No. 12
vehicle engine.

B. Any person other than a manufacturer or new vehicle dealer who violates section 203(a)(3)(A) of the federal Clean Air Act (42

U.S.C. 7522 (a)(3)(A)) or any person who violates section

203(a)(3)(B) of the federal Clean Air Act (42 U.S.C. 7522 (a)(3)(B))

shall be subject to a civil penalty of not more than three thousand

seven hundred fifty dollars ($3,750), as promulgated on December

11, 2008 by 73 FR 75340, which is incorporated by reference in

paragraph (3)(N)6.A. of this rule. Any violation of section

203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) shall constitute a separate

offense with respect to each motor vehicle or motor vehicle engine.

Any violation of section 203(a)(3)(B) (42 U.S.C. 7522 (a)(3)(B))

shall constitute a separate offense with respect to each part or component.

(4) Reporting and Record Keeping.

(B) Failing Vehicles. The VIR for the failing vehicle shall include:

1. A vehicle description, including the license plate number at

the time of inspection, VIN, vehicle make, vehicle model, vehicle

model year, fuel type, GVWR range, odometer reading at the time of

the vehicle’s OBD test, county of registration, and the complete

mailing address (street address, city, and zip code) of the vehicle

owner;

2. The date and time of inspection;

3. The unique identification number of the licensed emissions

inspector performing the test, the unique identification number and

location of the inspection station, and the unique identification number of the inspection equipment;

4. The applicable inspection standards;

5. The passing and failing OBD test results according to 40

CFR [part 85, subpart W, section 2223. Section 2223]

85.2223, which is incorporated by reference in this rule, as published by the EPA, Office of Transportation and Air Quality, 2000

Traverwood, Ann Arbor, MI 48105 on April 5, 2001. This rule does

not incorporate any subsequent amendments or additions to [section

2223] 40 CFR 85.2223;

6. The results of the recall provisions check, if applicable,

including the recall campaign;

7. A statement that the emissions inspection was performed in

accordance with this state regulation;

8. The statement: “This inspection is mandated by your United

States Congress”;

9. A statement that the vehicle may be reinspected for free

according to paragraph (3)(D)2. of this rule;

10. An off-line test indicator if the MDAS was not connected to

the VID when the inspection was performed;

11. If the vehicle fails the DLC test described in subparagraph

(5)(B)3.A. of this rule, the DLC failure reason as determined by the

emissions inspector; and

12. If the vehicle fails the communications test described in subparagraph (5)(B)3.B. of this rule, the non-communications reason as

determined by the MDAS.

(J) Out-of-Area Emissions-Exempt Vehicles. The out-of-area

waiver VIR shall include:

1. A vehicle description, including the license plate number at

the time of inspection, VIN, vehicle make, vehicle model, vehicle

model year, fuel type, county of registration, and the complete name

and address of the vehicle owner;

2. The date and time that the out-of-area exemption is issued;

3. The unique identification number of the department staff person issuing the out-of-area waiver, the [unique identification number and] location of the department staff person, and the unique

identification number of the inspection equipment used to issue the

out-of-area waiver;

4. The county where the vehicle is being operated;

5. A statement that the results have been transmitted directly to

the MDOR, and that the paper VIR may not be used for vehicle registration purposes; and

6. The statement: “This inspection is mandated by your United

States Congress.”

(5) Test Methods.

(A) To the extent possible, an OBD test, as defined in [subsection (2)(V) of this rule,] 10 CSR 10-6.020 and the contract, shall

be performed on all 1996 and later model year light duty vehicles

and light duty trucks powered by gasoline and all 1997 and later

model year light duty vehicles and light duty trucks powered by

diesel.

(B) The OBD test shall follow the procedures described in 40 CFR

[part 85, subpart W, section 2222. Section 2222] 85.2222,

which is incorporated by reference in this rule, as published by the

EPA, Office of Transportation and Air Quality, 2000 Traverwood,

Ann Arbor, MI 48105 on April 5, 2001. This rule does not incorporate any subsequent amendments or additions to [section 2222] 40

CFR 85.2222.

1. If the subject vehicle cannot be tested with the OBD test due

to manufacturer design, then the subject vehicle shall be tested with

only a bulb check test described in paragraph (5)(B)2. of this rule.

2. Bulb check test.

A. Vehicles will fail the bulb check portion of the OBD test

if the [malfunction indicator light] MIL is not illuminated while

the key is in the on position and the engine is off (KOEO).

B. Vehicles will fail the bulb check portion of the OBD test if

the [malfunction indicator light] MIL is illuminated while the key

is in the on position and the engine is running (KOER).

C. Vehicles with keyless ignitions shall be subject to a bulb

check test.

D. Vehicles that fail the KOEO bulb check portion of the

OBD test described in subparagraph (5)(B)2.A. of this rule [of the

OBD test] shall fail the OBD test. Repairs made to correct bulb

check failures shall not be eligible for cost-based or estimate-based

waivers.

3. Data link connector and [C]communications tests.

A. Data link connector test. Vehicles will fail the data link

connector portion of the OBD test if the DLC is inaccessible due to

manufacturer design, tampered with, blocked, or not located where

the manufacturer located the DLC. The emissions inspector shall

determine and record the reason for this failure in the MDAS for

printing on the emissions VIR.

B. Communications test. Vehicles will fail the communications portion of the OBD test if the vehicle does not maintain sufficient voltage to the DLC during OBD communication or transmit the

necessary information to the inspection equipment after three (3)

thirty (30)-second attempts.

(I) If the vehicle does not communicate after two (2) thirty (30)-second communication attempts, inspectors shall verify that

a valid communications failure exists by using the MDAS OBD verification tool to verify the communication failure according to the

lane software procedures.

(II) If the OBD verification tool determines that the equipment is not capable of communicating with the vehicle, the MDAS

shall automatically abort the OBD test and generate the emissions

VIR described in subsection (4)(K) of this rule.

(III) If the OBD verification tool determines that the equipment is capable of communicating with the vehicle, inspectors shall

make one (1) additional thirty (30)-second communication attempt.

If the vehicle does not communicate with the MDAS, the MDAS

shall determine and record the reason for this failure and print this

reason on the emissions VIR.

C. Vehicles that fail the DLC or communications portion of

the OBD test shall fail the OBD test.

D. Repairs made to correct failures for DLCs that have been

tampered with, rendered inoperative, or removed, or failures for

OBD communications as described in [parts] subparagraphs

Page 965 June 15, 2012

Vol. 37, No. 12 Missouri Register
(5)(B)3.A. and (5)(B)3.B. of this rule, shall not be eligible for costbased or estimate-based waivers.

4. Readiness monitor test.

A. 1996–2000 model year gasoline-powered vehicles may

pass the readiness monitor portion of the OBD test if they have no

more than two (2) unset non-continuous readiness monitors.

B. 2001 and newer model year gasoline-powered vehicles

may pass the readiness monitor portion of the test if they have no

more than one (1) unset non-continuous readiness monitor.

C. Gasoline-powered vehicles that fail the OBD test with a

catalytic converter DTC (P0420[-]–P0439) present must have the catalyst monitor reset to pass the readiness monitor portion of the OBD

retest.

D. Gasoline-powered vehicles will fail the readiness monitor

portion of the OBD test if the following non-continuous monitors are

not supported:

(I) Oxygen sensor; and

(II) Catalyst.

E. Vehicles that are on the readiness exemption table maintained by the contractor and authorized by the department shall be

exempt from the readiness monitor portion of the OBD test.

F. Vehicles that fail the readiness monitor portion of the OBD

test shall fail the OBD test. Vehicles must pass the readiness monitor portion of the OBD test to be eligible for a cost-based or estimatebased waiver.

G. Repairs made to correct failures for readiness monitor

tampering caused by the installation of aftermarket components shall

not be eligible for cost-based or estimate-based waivers.

5. Diagnostic trouble code test.

A. Vehicles will fail the diagnostic trouble code test if the

OBD system has stored at least one (1) mature (non-pending, nonhistoric) DTC that commands the [malfunction indicator light]

MIL to be illuminated.

B. Vehicles will fail the diagnostic trouble code test if the

vehicle commands the MIL to be illuminated but the OBD system

has no mature (non-pending, non-historic) DTCs stored in the system.

C. The contractor shall ensure that their inspection equipment’s request for DTCs does not cause the MIL to be illuminated.

D. Vehicles that fail the DTC portion of the OBD test shall

fail the OBD test.

AUTHORITY: section 643.310.1., RSMo Supp. [2008] 2011.

Original rule filed Jan. 16, 2007, effective Aug. 30, 2007. Amended:

Filed Oct. 1, 2008, effective May 30, 2009. Amended: Filed May 15,

2012. 

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., July 25, 2012. The public hearing will be held at the

Elm Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., August 1,

2012. Written comments shall be sent to Chief, Air Quality Planning

Section, Missouri Department of Natural Resources’ Air Pollution

Control Program, PO Box 176, Jefferson City, MO 65102-0176.

Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.070 New Source Performance Regulations. The commission proposes to amend subsections (1)(A) and (1)(B) and section

(3). If the commission adopts this rule action, it will be submitted to

the U.S. Environmental Protection Agency for delegation of enforcement authority. The evidence supporting the need for this proposed

rulemaking is available for viewing at the Missouri Department of

Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri

Department of Natural Resources’ Environmental Regulatory

Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule establishes acceptable design and performance

criteria for specified new or modified emission sources. The purpose

of this rulemaking is to adopt by reference new emission standards,

updates, and clarifications to existing federal rule 40 CFR 60 that

were promulgated from January 1, 2011, through February 16, 2012.

The evidence supporting the need for this proposed rulemaking, per

536.016, RSMo, is elements of the State/EPA work plan and Title V

Operating Permit Program requirements.

(1) Applicability.

(A) The provisions of 40 CFR 60 promulgated as of June 30,

[2010] 2011, and Federal Register Notice[s 75 FR 54970 and 75

FR 55636] 77 FR 9304 promulgated [from July 1, 2010,

through December 31, 2010] February 16, 2012, shall apply

and are hereby incorporated by reference in this rule, as published by

the Office of the Federal Register, U.S. National Archives and

Records, 700 Pennsylvania Avenue NW, Washington, DC 20408.

This rule does not incorporate any subsequent amendments or additions.

(B) Exceptions to subsection (1)(A) of this rule are as follows: 

1. Sections 60.4, 60.9, and 60.10 of subpart A; 

2. Subpart B in its entirety;

3. Those provisions which are not delegable by the United

States Environmental Protection Agency (EPA); [and]

4. Incinerators which are subject to Hazardous Waste

Management Commission rule 40 CFR 264, subpart O, as incorporated in 10 CSR 25-7.264, shall not be subjected to the requirements

of this rule. The exemptions granted under 40 CFR 264.340(b), as

incorporated in 10 CSR 25-7.264, are subject to this rule. All other

applicable requirements of this chapter shall remain in effect as to

the incinerators[.]; and

5. Any provisions of 40 CFR 60 that are stayed.

(3) General Provisions. The following are the New Source

Performance Standards (NSPS) 40 CFR part 60 subparts that are

adopted by reference in subsection (1)(A) of this rule. Individual

source operations or installations in these categories are subject to

this rule based on date of commencement of construction and other

category specific parameters, as specified in the applicable subpart:

Subpart Title

(D) Standards of Performance for Fossil-Fuel-Fired Steam

Generators for Which Construction is Commenced After August 17,

1971

(Da) Standards of Performance for Electric Utility Steam

Generating Units for Which Construction is Commenced After

September 18, 1978

(Db) Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units

Page 966 Proposed Rules

June 15, 2012

Vol. 37, No. 12
November 1, 2012

Vol. 37, No. 21

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

Commission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.381 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on June 15, 2012

(37 MoReg 955–966). Those sections with changes are reprinted

here. This proposed amendment becomes effective thirty (30) days

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received one (1)

comment from the U.S. Environmental Protection Agency (EPA) on

this rule amendment. 

COMMENT #1: EPA recommended revising the last sentence of the

purpose statement for further clarification.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the last sentence of the purpose statement has been

revised providing a more clear and concise statement. 

10 CSR 10-5.381 On-Board Diagnostics Motor Vehicle Emissions

Inspection

PURPOSE: This rule enacts the provisions of 643.300–643.355,

RSMo, and meets the 1990 Federal Clean Air Act Amendments

requirement that the ozone state implementation plan contains necessary enforceable measures to maintain the mandatory vehicle emissions inspection and maintenance program. The purpose of the

inspection and maintenance program is to reduce vehicle emissions

in the St. Louis nonattainment area.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

Commission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-6.070 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on June 15, 2012

(37 MoReg 966–968). Those sections with changes are reprinted

here. This proposed amendment becomes effective thirty (30) days

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received one (1)

comment from the U.S. Environmental Protection Agency (EPA).

COMMENT #1: EPA commented on paragraph (1)(B)5. that

exempts any provisions of 40 CFR 60 that are stayed. They believe

this proposed language may create confusion and cause additional

concerns or issues because it is not clear how this rule language

might apply prospectively to situations in which particular provisions

of 40 CFR Parts 60 are stayed. In addition, EPA notes that this language may function as a delegation of state authority to EPA or federal courts in litigation to which the department is not a party.

RESPONSE AND EXPLANATION OF CHANGE: The proposed

language in paragraph (1)(B)5. was intended to clarify that Missouri

does not intend to enforce provisions of 40 CFR 60 that are currently part of the Code of Federal Regulations, but have been stayed for

any reason, and address confusion over federal regulations being promulgated and subsequently stayed by legal action. This assurance is

also provided by 643.055, RSMo, which prevents the state from

being sooner or stricter than federal regulations and effectively prevents Missouri from enforcing provisions of incorporated federal regulations that are not enforceable on a federal level. Therefore, paragraph (1)(B)5. has been removed to address EPA’s concerns regarding the proposed exemption. Nonetheless, regulated sources are

assured they will not be expected to comply with provisions of incorporated federal regulations that are stayed.

10 CSR 10-6.070 New Source Performance Regulations

(1) Applicability.

(B) Exceptions to subsection (1)(A) of this rule are as follows: 

1. Sections 60.4, 60.9, and 60.10 of subpart A; 

2. Subpart B in its entirety;

3. Those provisions which are not delegable by the United

States Environmental Protection Agency (EPA); and

4. Incinerators which are subject to Hazardous Waste

Management Commission rule 40 CFR 264, subpart O, as incorporated in 10 CSR 25-7.264, shall not be subjected to the requirements

of this rule. The exemptions granted under 40 CFR 264.340(b), as

incorporated in 10 CSR 25-7.264, are subject to this rule. All other

applicable requirements of this chapter shall remain in effect as to the

incinerators.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

Commission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-6.075 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on June 15, 2012

(37 MoReg 968–971). Those sections with changes are reprinted

here. This proposed amendment becomes effective thirty (30) days

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received one (1)

comment from the U.S. Environmental Protection Agency (EPA).

COMMENT #1: EPA commented on paragraph (1)(B)3. that

exempts any provisions of 40 CFR 63 that are stayed. They believe

this proposed language may create confusion and cause additional

concerns or issues because it is not clear how this rule language

might apply prospectively to situations in which particular provisions

Page 1610 Orders of Rulemaking
1

Reimer, Shelly

From: Reimer, Shelly

Sent: Tuesday, November 20, 2012 2:24 PM

To: Reimer, Shelly

Subject: RE: 5.381 SIP submittal

From: Bhesania.Amy@epamail.epa.gov [mailto:Bhesania.Amy@epamail.epa.gov] 

Sent: Tuesday, November 20, 2012 11:10 AM 

To: Graf, Wayne 

Cc: Simpson.Jan@epamail.epa.gov

Subject: 5.381 SIP submittal 

Hi Wayne. You recently requested the federally approved version of the rule 5.381 in order to fulfill MO's obligation to 

submit a redline strike out version of the rulemaking along with the SIP submittal. I understand that you are ready to 

submit the revision which incorporates the PHEV exemption in to this rule, but that EPA has not yet federally approved the 

previous submission to this rule and therefore there is no federally approved version of the rule to mark up. 

This email is intended to transmit the agreement that MDNR does not need to submit this electronic redline strike out in 

your submission. EPA may at a later date request additional information regarding the changes that are being made to the 

rule. 

Thanks! 

-ab 

Amy Bhesania │ bhesania.amy@epa.gov │ (913) 551-7147 

U.S. Environmental Protection Agency │ Air Planning and Development Branch 

11201 Renner Boulevard │Lenexa, KS 66219