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## 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,



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## 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,

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Kyra L. 

## Moore

Director

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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 CommissionEmergency 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 Amendmentsrequirement that the ozone state implementation plan contains necessary enforceable measures to maintain the mandatory vehicleemissions 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 theentire 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; or4. 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 thestate 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 fora mileage-based exemption described in subsection (4)(H) of this rule. Otherwise, suchmotor 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 amileage-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 theemissions inspection requirement shall consist of two (2) vehicle safety inspection reports issued to the owner of the vehicle being exempted. (II) The first safety inspectionreport 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 greaterthan 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, hasnot 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 ruleshall 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) R OBIN C ARNAHAN 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

com pleted according to the compliance cycleas 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 emissionsinspection requirements is necessary for vehicle registration renewal or registration transfer. C. Failure to complete a vehicle emissions inspection during the compliance cycleor 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 beemissions inspected according to the compliance cycle as defined in 10 CSR 10-6.020 andthe 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’sequipment 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 atleast 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 thepurchaser with an emissions inspection compliance certificate or compliance waiver that is valid for registering the vehicle accordingto 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 motorvehicle 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 inspectionfee. 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 formsof 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 feeshall 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 daysof 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 theinitial emissions inspection may be performed upon payment of the initial emissionsinspection 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 emissionsinspections 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 positivequantity 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 by643.350, 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

CODE OF STATE REGULATIONS 41 R OBIN C ARNAHAN (11/30/12) Secretary of Statesta tions 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 servicefee 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 byparagraph (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 allcomputer-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 uploadedimmediately to the VID via this telecommunications data link according to subparagraphs (3)(F)2.C. and (3)(F)5.D. of this ruleso that all inspection information can be electronically verified by the department, theMSHP, 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 40CFR 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 knownOBD 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 areashall 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 Systemfound in 10 CSR 10-6.020, shall be purchased or leased by the inspection stationfrom 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 inspectionsare 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 stationshall be prohibited from conducting emissions inspections. 4. Licensing.

A. Any person, firm, corporation,partnership, or governmental entity requesting an emissions inspection station licenseshall submit a completed emissions inspection station application to the department or

to the MSHP.

42 CODE OF STATE REGULATIONS (11/30/12) R OBIN C ARNAHAN 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 theMSHP. 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 thedate 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, ifavailable, 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 usedat 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 businessfor 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 beemployed, 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 beconducted 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 bemade only by an individual who has a current, valid emissions inspector license. No person without a current, valid emissions inspector license shall issue an emissionsVIR 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 resourcesmust 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, thedecisions 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 andbusiness days of every public inspection station shall be at least eight (8) continuoushours per day, five (5) days per week, excluding all state holidays. B. Emissions inspectors are obligatedto 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 beginwithin 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 licensedemissions inspection station with one (1) station license certificate. The station license certificate shall be framed under clean glass or plastic and displayed in a conspicuouslocation discernible to those presenting vehicles for emissions inspections.B. The department or the department’s designee shall provide each licensed

CODE OF STATE REGULATIONS 43 R OBIN C ARNAHAN (11/30/12) Secretary of Stateemissions inspector with one (1) inspector license certificate. The emissions inspector licenses must be framed under clean glass orplastic 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) officialsign, 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 feeequal 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 bedisplayed 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 acompleted vehicle emissions inspector application to the department or the department’sdesignee. 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 writtenexam 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 writtenexam 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 vehiclesafety 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 employmentof 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 transferablewith 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 theimmediate uploading of the emissions inspection data to the contractor’s VID; 3. All emissions inspection records shall

be transmitted to the state’s contractor assoon 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 windshieldstickers 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, orstolen. 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. Thisincludes 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, theemissions 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 onthe 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

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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 VINplate with supplemental lighting, block overhead lighting with a solid object, or take the photo at an angle so that the camera flash oroverhead 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’sflash. 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 stateagencies 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 withoutrepair or adjustment at the emission inspection station prior to commencement of anytests. 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 theemissions 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 methodthe 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 thevehicle 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 thereinspection procedures described in subsection (3)(J) of this rule; and14. 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 isincorporated 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 ruledoes 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 datafrom the repair data sheet described in subsection (4)(D) of this rule in the MDAS priorto 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 theinitial 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.

CODE OF STATE REGULATIONS 45 R OBIN C ARNAHAN (11/30/12) 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’sdesignee 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 qualifiedrepairs that include the part costs for the purchase and installation of the following partslisted 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 proofshall 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 vehiclerepairs 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 foundduring 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 expensesassociated 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 otheraftermarket 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 vehiclemanufacturer’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 CleanAir 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

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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-basedwaiver if they are installed on gasoline-powered vehicles that have failed the most recentOBD 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 numberof the Recognized Repair Technician that performed the repair work; andL. 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 RecognizedRepair 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 orpart 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, andwindshield 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 of643.300–643.355, RSMo, for the next twenty-four (24) months, the department shall issue an emissions inspection VIR, with an

indicator to show that the vehicle hasreceived 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, thedepartment 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 OBDemissions 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 tofacilitate the operating of decentralized emissions inspection stations that will conduct vehicle emissions for the purpose of reducingor 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

CODE OF STATE REGULATIONS 47 R OBIN C ARNAHAN (11/30/12) Secretary of Statemeet 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 licensedunless 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, calibrationrecords, 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 conductaudits 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 ofthe 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 allemissions 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, equipmentshall 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 thecontract 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 theemissions 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 areal 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. Fraudulentemissions 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 withthis 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 emissionsinspector(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 orrepair facility for the purpose of issuing costbased waivers; F. The department’s revocation of Recognized Repair Technician status if therepair 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 forinvestigation 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 thedepartment or MSHP identifies any irregularities within the emissions inspectiondatabase or any irregularities identified during either overt or covert audits. The lockout may precede warnings, license suspensions or revocations, or arrests. The state’s contractorshall 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

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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 thanare physically possible for a given time duration; F. Performing emissions inspectionsusing 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’sAMCC enforcement policy, which is incorporated by reference in subparagraph (3)(K)2.L. of this rule; K. Installing or assisting motoristswith 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 immediatelyupon 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’sAMCC 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 orcompromise 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 ofnot 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 thisrule. 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 withrespect 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 personwho 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 withrespect 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 numberof 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 provisionscheck, 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

CODE OF STATE REGULATIONS 49 R OBIN C ARNAHAN (11/30/12) Secretary of Statethat 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 foreach 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 emissionsinspection 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 thelicense 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 theunique 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 provisionscheck, 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 shallbe 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 arenearest 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 theinspection 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 repairedby the repair facility that passed the first reinspection; 3. Other information as required by thecontract between the department and the contractor; and 4. How motorists may obtain the full or customized list of facilities employingRecognized Repair Technicians from the contractor at no cost to the motorist. The listshall 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, theirRecognized 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 formsfrom 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), phonenumber, 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 theunique 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, andthat 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) R OBIN C ARNAHAN 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 emissionsinspection 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 thereciprocity 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, andthat 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 emissionsinspection 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 thelicense 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 mostrecent 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 appliedfor and/or the date and time that the exemption was issued; 3. The unique identification number of the licensed emissions inspector performingthe 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 thelicense 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 mostrecent 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 aGVWR in excess of eight thousand five hundred pounds (8,500 lbs.); 3. The unique identification number of the licensed emissions inspector performingthe 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 thelicense 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 ofthe 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 thelicense 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 mostrecent 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 performingthe 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 thatare required to be inspected during each calendar year. Submittals are due by February 1of 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 withthe 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

CODE OF STATE REGULATIONS 51 R OBIN C ARNAHAN (11/30/12) Secretary of Statemodel 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 isincorporated 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 ruledoes 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 manufacturerdesign, 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 checkportion 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 checkportion 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 bulbcheck 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 sufficientvoltage to the DLC during OBD communication or transmit the necessary information tothe 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, inspectorsshall 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 failuresfor 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 readinessmonitor 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 componentsshall 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 inparagraph (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 OzoneNonattainment 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 oroperators of commercial, public, and institutional heavy duty diesel vehicles that aredesigned to operate on public streets and highways, whether or not the vehicles are operat ed

52 CODE OF STATE REGULATIONS (11/30/12) R OBIN C ARNAHAN 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 30 th 

## day of August, 2012.

, Chairman

, Member

# J~**CI5~ /** 

# ~~kL~**_'Member**

_________________________________ ,Member

_________________________________ , Member

## Technical Support Document for the Amendment of 10 CSR 10-5.381, On-Board Diagnostics Mo tor 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 maintenan ce (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’ Ai r Pollution Control Program is in the process of amending 10 CSR 10-5.381 to add an exemption fr om 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 exp ected to be filed with the Joint Committee

on Administrative Rules and the Secretar y of State on May 15, 2012, published in the Missouri Register on June 15, 2012, presented for public heari ng 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 submitte d 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 th e department needed to provide a demonstration showing that GVIP meets the mi nimum performance standard for basic I/M programs and that

the state will still be able to demonstrate maintenance th roughout the maintenance periods for both the 1997 annual fine particulate matter (PM 2.5 

## ) 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 th e St. Louis Nonattainment Area for the 1997 8- Hour Ground-Level Ozone (O 3 

## ) National Ambient Air Quality Standard and the Redesignation Demonstration and Maintenance Plan for the Miss ouri Portion of the St. Louis Nonattainment Area for the 1997 Annual Fine Particulate Matter (PM 2.5 

## ) National Ambient Air Quality

Standard . The purpose of this document is to dem onstrate that GVIP with the PHEV exemption continues to meet the minimum basic I/M perfor mance standard and does not interfere with the state’s ability to maintain the 1997 ozone and 1997 annual PM 2.5 

## standards through 2022, the final year of the maintenance plans for these pollutants.

Demonstration The Air Program performed mobile emission mo deling 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 (NO

x 

## ), Volatile Organic

## Compounds (VOC), and Carbon M onoxide (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 recomm ended 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 adju sting the I/M program model input based on the assuming a worst-case scenario in which all PHEVs do not comp ly 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 th e 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 sa les 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 grow th of both 100% battery electric vehicles and plug-in hybrid electri c vehicles together. Accordi ng 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 vehi cles or PHEVs will increase by 0.4% each year. Therefore, assuming a 0.4% per year penetra tion rate in new car sales for just PHEVs overestimates the growth rate of PHEV sales.

Figure 1. Market Penetration and Volume Tre nds 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 se nsitivity 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 Reve nue (DOR) registration data that was used to develop the MOVES inputs for the base/attainment year (2008) in the Maintenance Plans for

## PM 2.5 

## 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 assume d 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 assume s a 1.5% total passenger car population growth rate (which is consistent with the growth rate used in the Ozone and PM 2.5 

## Maintenance Plans) and that PHEV sales would have a 0.4% per ye ar penetration rate in new passenger car sales beginning in 2012. In 2011, the DOR reported that th ere 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 emissi ons inspections are only required in the St. Louis nonattainment area every two years the 20 20 model year vehicles will be the newest vehicles impacted by the I/M inpu t 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 document ation of the MOVES inputs used in this

demonstration.Table 1. Percentage of PHEV in the St. Louis Nonattainment AreaPercentage of PHEV in the St. Louis Nonattainment Area Through 2022Year 201120122013 2014 2015 2016 2017 2018 2019 2020Total number ofPassenger Cars(1.5% growth ratefrom 2008)985,9681,000,7581,015,7691,031,0061,046,4711,062,1681,078,1001,094,2721,110,6861,127,346Total number ofNew PassengerCar Sales (2.48%of total number ofcars)24,45224,81925,19125,56925,95226,34226,73727,13827,54527,958Percent of NewCar Sales that arePHEV (Grows by0.4% each year) 0.00% 0.40% 0.80% 1.20% 1.60% 2.00% 2.40% 2.80% 3.20% 3.60%Total number ofNew PassengerCar Sales that arePHEV 2 99 202 307 415 527 642 760 881 1,006Total Number ofCars that arePHEV 2 101 303 610 1,025 1,552 2,193 2,953 3,835 4,841Percent of PHEVcompared to theTotal PassengerCar Fleet 0.00% 0.01% 0.03% 0.06% 0.10% 0.15% 0.20% 0.27% 0.35% 0.43%

## Conclusion

Ozone

After the MOVES model was run for 2022 Ozone S eason Day emissions with the adjustment in the I/M program input to account for the PHEV exemption, the NO

x 

## and VOC emissions were added to the projections for NO

x 

## and VOC emissions from point, area, and off-road mobile

sources in 2022 that were included in the Oz one 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 fr om 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 NO

x 

## 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 NO

x 

## and VOC Emissions from the Ozone Maintenance Plan (Tons/per Ozone Season Day) *

Source Category NO

x 

### 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 i nput to characterize the Gateway Vehicl e Inspection Program (GVIP) in the

St. Louis nonattainment area. Area source emissions incl ude the addition of Stage II refueling emissions, which were incorrectly included with the mobile source emissions in the Maintenance Plan.



## Table 3. 2022 NO

x 

## and VOC Emissions from the Ozone Maintenance Plan (Tons/per Ozone Season Day) *

Source Category NO

x 

### 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 i nput 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 NO

x 

## and VOC Emissions with the PHEV Exemption (Tons/per Ozone Season Day) *

Source Category NO

x 

### 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 fo r mobile sources as a result of the PHEV exemption are so minimal, the 2022 mobile sour ce emissions and the emissions with the PHEV exemption are compared in Table 5 with the em issions rounded to the third decimal place in order to show the change.

Table 5. 2022 Mobile Source NO

x 

## and VOC Emissions in the Ozone Maintenance Plan and

the 2022 Mobile Source Emissions Calc ulated with the PHEV Exemption (Tons/per Ozone Season Day) *

Source Category NO

x 

### 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 th e 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 NO

x 

## emissions and the 0.03% increase in Ozone Season

VOC mobile source emissions are negligible. If these increas es are compared with the NO

x 

## and VOC emissions from all source categories, they represent less than 0.01% of the NO

x 

## 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.

PM 2.5 

## After running the MOVES model for 2022 annual m obile emissions with the adjustment in the I/M program input to account for the PH EV exemption, the adjusted mobile NO

x 

## emissions were added to the projections for NO

x 

## emissions from point, area, and off-road mobile sources in 2022

that were included in the PM 2.5 

## Maintenance Plan. PM 2.5 

## 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 Mainte nance Plan from all four sour ce categories to ensure that

maintenance could still be demonstrated. Tables 6 – 9 show the results of this analysis. As shown by the tables, the proj ections for total annual NO

x 

## emissions in 2022 is still substantially

## lower than 2008 emissions, thus demonstrating maintenance of 1997 PM 2.5 

## standard despite the PHEV exemption in GVIP.

Table 6. 2008 Annual NO

x 

## Emissions from the PM 2.5 

## Maintenance Plan (Tons/Year) *

Source Category NO

x 

### 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 i nput to characterize the Gateway Vehicl e Inspection Program (GVIP) in the

St. Louis nonattainment area.



## Table 7. 2022 Annual NO

x 

## Emissions from the PM 2.5 

## Maintenance Plan (Tons/Year) *

Source Category NO

x 

### 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 character ize the GVIP in the St. Louis nonattainment area.



## Table 8. 2022 Annual NO

x 

## Emissions with the PHEV Exemption (Tons/Year)

Source Category NO

x 

### 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 fo r mobile sources as a result of the PHEV exemption are so minimal, the 2022 mobile sour ce emissions without th e 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 NO

x 

## Emissions in the PM 2.5 

## Maintenance Plan and the 2022 Mobile Source Emissions Calculated with the PHEV Exemption (Tons/Year) *

Source Category NO

x 

### 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 NO

x 

## mobile source emissions is negl igible. If this increase is compared with the NO

x 

## emissions from all four source cate gories, it represents less than 0.01%

of the annual NO

x 

## emissions inventory for 2022. This increase will not impact the state’s ability

to demonstrate maintenance of the 1997 PM 2.5 

## Standard.

Minimum Performance Standard

In 2007, the Air Program submitted a demonstr ation 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, NO

x 

## , and VOC. The emissions outputs for 2022 ozone season day emissions of CO, NO

x 

## , and VOC from the recent MOVES 2010a modeling runs performed to analyze the imp acts of the PHEV exemption are compared to the 2022 emissions from the GVIP program as m odeled using MOVES 2010a in Tables 10 – 13. Table 13 shows the impacts of the PHEV exem ption are 0.03%, 0.01%, and 0.03% increases for CO, NO

x 

## and VOC, respectively. These minimal incr eases are based on a worst-case scenario that overestimates PHEV penetration and assu mes all PHEVs would not comply with the I/M program. Despite these conservative assumptions th e 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 pe rformance 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 NO

x 

### 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 NO

x 

### 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 NO

x 

### 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 NO

x 

### 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 assump tions 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 appr opriate assumptions and methods to be used when developing the I/M input table for MOVES 2010. This guidance has been followe d 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 nonattain ment area, known as the Gateway Vehicle Inspection Program or GVIP.

Pollutant Process ID

To begin development of the I/M input table, the defau lt data for the I/M input ta ble for St. Louis County was exported from the MOVES county database manager. The de fault data included four di fferent 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 pr ocess IDs that would be impacted by each test. Therefore, the pollutant process IDs that were included in th e 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 tw o tests included in the default data along with their associated pollutant process IDs were still included in th e I/M input table, but they were

“turned off.”

Source Type ID

GVIP includes passenger cars and also truc ks 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 vehi cles; however, MOVES only calcu lates an I/M benefit for gasoline vehicles. The fuel type ID fo r 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 fre quency 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 exhaus t and evaporative systems on the vehicles. The test

standard IDs for exhaust OBD check a nd the evaporative system OBD check (ID s = 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 inspec tion 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 previous ly, MOVES only calculates an I/M benefit for gasoline vehicles, and diesel vehicl es are not being included in the I/M input table.

Compliance Factor According to page 39 of the MOVES guidance document th e compliance factor is calculated with the following equation:

Compliance Factor = percent complian ce rate x (100 – percent waiver ra te) 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 covera ge adjustment needed to be determined. These three values were determined by the processes described belo w and then the compliance f actors for each source type

were calculated with the equation written above.

Compliance Rate The compliance rate was calculate d with the following equation:

Compliance Rate = Number of vehicl es that were tested over a two y ear period (2008 – 2009) / Population of vehicles that is theoretically subj ect to I/M during the same period.

In order to determine the compliance rate, as it co mpares to the source type population by model year, the population of vehicles that is theoretically subject to I/M fi rst 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 gasolin e trucks Class 1, light dut y gasoline trucks Class 2, light duty gasoline trucks Class 3, light duty gasoline trucks Class 4, as well as 1997 a nd newer light duty dies el vehicles, light duty diesel trucks Class 1, li ght duty diesel trucks Cla ss 2, light duty diesel trucks Class 3, and light duty diesel trucks Class 4. Table 1 shows the total combined populat ion of these 10 vehicle clas ses within the appropriate model years by county in the St . Louis nonattainment area accord ing 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 complia nce 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 determ ined 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 wa iver 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 adjustme nt that accounts for the frac tion of vehicles within a source type that are covered by the I/M program. Sin ce GVIP exempts vehicles with a gross vehicle weight rating above 8,500 lbs., the compliance factor needs to refl ect the percentage of vehi cles 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 th e compliance factor to account for this discrepancy. The adjustments are percentages of vehicle miles travel ed by the various regulatory weight classes within a source type. The corresponding adjust ment 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 Vehicl e Emissions Inspection, the complian ce 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 a ll five counties. The MOVES inputs for source type population, annual VMT, fuel formul ation, fuel supply, vehicl e 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 Maintenan ce Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 8-Hour Ground-Level Ozone (O 3 

## ) National Ambient Air Quality

Standard (October 27, 2011) and the Redesignation Demonstration and Ma intenance Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 Annual Fine Pa rticulate Matter (PM 2.5 

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

## 5 Tables 3 and 4 include the 2022 MOVE S input tables used to characte rize the I/M program in this

demonstration. Table 3 is the GVIP base run without th e PHEV exemption, and Table 4 is GVIP run with the adjusted passenger vehicle compliance f actor to account for the PHEV exemption.

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

Note: The same I/M settings were used for Franklin, Jeffers on, St. Charles, St. Louis Counties and St. Louis City. The table below shows only one county for conciseness (S tate 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 Maintenan ce Data for GVIP with Adjusted Pa ssenger Vehicle Compliance Factor to
Account for PHEV Exemption

Note: The same I/M settings were used for Franklin, Jeffers on, St. Charles, St. Louis Counties and St. Louis City. The table below shows only one county for conciseness (S tate 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 86.181 

## 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 em ail bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

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Below is a notice for rulemaking items scheduled fo r public hearing at the July 25, 2012 Missouri Air Conservation Commission meeting. If you have any questions, pleas e 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 Im plementation 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 Hazar dous Air Pollutants. This rule action will not be submitted for inclusion in the Missouri State Implementation Plan but will be submitted to accept2 

## 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 Misso uri’s State Implementation Plan unless otherwise noted

above.

Documents for the above item(s) will be available for re view 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.



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## 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 th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 Diagno stics Motor Vehicle Emissions Inspection

This proposed amendment will add an exemption from the vehicle emissi ons inspection program for Plugin Hybrid Electric Vehicles (P HEVs) 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 effect ive 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 promulgate d from January 1, 2011 through February 16, 2012. This rule as a whole establishes acceptable design and performa nce 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 promulgate d from January 1, 2011 through February 16, 2012. This rule as a whole establishes emission control technology, performance criteria, and wo rk practices to achieve
emission standards for sources th at 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 Pa g e 1 of 2 Rulemakin g s on Public Notice - DNR

6/22/2012 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

## Comments about this rulemaking will be accept ed through close of business Aug. 1, 2012.

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

This proposed amendment will adopt new emission standards, updates, and clarifications to existing federal rule 40 CFR 61 that were promulgate d from January 1, 2011 through February 16, 2012. This rule as a whole establishes emission standards and performa nce criteria for new or mo dified 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 Pa g e 2 of 2 Rulemakin g s on Public Notice - DNR

6/22/2012 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### HEARING 7/25/2012

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### 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

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### 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

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### 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 ImplementationPlan. 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 Amendmentsrequirement that the ozone state implementation plan contains necessary enforceable measures to maintain the mandatory vehicle emissions inspection and maintenance program. The purpose of theinspection 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] g ross [V] v ehicle [W] w eight [R] r ating (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 sixthousand (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 ofsubsection (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.]



# U nder 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 acitation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.” 

# E ntirely 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. 

# A n 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 agencywithin a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register

. 

# A n agency may hold a public hearing on a rule even though 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. M ISSOURI
R EGISTER June 15, 2012 Vol. 37, No. 12requirement 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 safetyinspections, 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)—Aplug-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 thedata 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 duringwhich 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 cyclebegins 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 shallimplement 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 avehicle’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 codeindicates 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 ruleand 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 hasdeteriorated 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. Thedepartment 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 June 15, 2012 Vol. 37, No. 126. 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 atcontract 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 departmentof 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 ensurethat 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 performedon 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 chargedto 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 repairservices rendered to a vehicle that fails its emissions inspection. Labor costs not tied to an emissions repair or solely forthe 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 vehiclerepair. 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; and3. 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 vehicleinspection database, operated and maintained by the department’s contractor. All vehicle emissions inspection information is uploaded by the MDAS inspection equipment to theVID 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 VIRis 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. 

## Page 957 June 15, 2012 Vol. 37, No. 12 

### Missouri RegisterB. Completion of the emissions inspection requirements is necessary for vehicle registration renewal [,] or registration transfer. C. Failure to complete a vehicle emissions inspection duringthe 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 localgovernments 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 Prov isions 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 vehiclefleets 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 modelyear vehicles are required to be inspected in each odd-numbered calendar year. Subject vehicles manufactured as even-numbered modelyear 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, priorto 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) ofthis rule is valid, for the purposes of obtaining registration or registration renewal, for a duration of sixty (60) days from the date ofpassing 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 thedate 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 theinitial 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 nomore 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 attheir 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’sMDAS. 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) toprevent having to turn away motorists who have requested an inspection.

C. A t the time that a licensed emissions inspection stationdiscontinues 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, andsend 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 theyperform. 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. 

## Page 958 Proposed Rules June 15, 2012 Vol. 37, No. 12(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 vehiclesas 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’scontractor 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 [:]

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(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 tothe 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, theMSHP, 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 applicableMDAS 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 sufficientlength, 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 inspectionstation 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. Thewindshield 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 thistelecommunications 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 stationmanager 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 inspectionstation 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 dateof 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 Registerpayable 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 thedepartment 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 bythe 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 maybe transferred or used at any other location. Any change in ownership or location shall void the current station license. The departmentmust 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, blankwindshield 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. Thefailure 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 aspouse, 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 anemissions 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 tothe 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 inprinted 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 opinionbetween 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 provideeach 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, madeof metal or other durable material, to designate the station as an official emissions inspection station. The sign designating the station asan 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 inspectionhas 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 

## Page 960 Proposed Rules June 15, 2012 Vol. 37, No. 12the OBD test method described in section (5) of this rule, the immediate printing and subsequent issuance of a VIR to the motorist, andthe immediate uploading of the emissions inspection data to the contractor’s VID; 3. All emissions inspection records shall be transmitted to thestate’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 keptsecure 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 shallthen be immediately uploaded to the VID via the docking station provided with the MDAS. A. License plate pictures. Pictures of the rear license plateshall 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 VINplate. 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 notreflected 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 ignitionswitch 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, towardsthe 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 withoutrepair or adjustment at the emission inspection station prior to commencement of any tests. Emissions inspections performed withinninety (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 vehiclehas 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 reportdescribed 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 vehiclerepaired. 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 softwareor 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 theemissions 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 submittedfor 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. 

## Page 961 June 15, 2012 Vol. 37, No. 12 

### Missouri Register2. 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; orB. 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 beissued 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 testdescribed 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 methoddescribed 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 theappropriate 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 verificationof 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 hasverified 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 otheraccessories 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 ofthe 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] T he MIL; or (III) [f] F or 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 o f 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 AboutUsing, 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 CatalyticConverters 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 

## Page 962 Proposed Rules June 15, 2012 Vol. 37, No. 12installation 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 adjustmentscovered 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 contractualmaintenance agreement. The emissions repair costs covered by warranty, insurance, or maintenance agreements shall be separated fromother 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 cove rage under subsection 207(b) of thefederal 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 itemizedrepair 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 beaccepted 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 testdescribed 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 repairof 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 windshieldsticker 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 thevehicle 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 submitsproof 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. 

## Page 963 June 15, 2012 Vol. 37, No. 12 

### Missouri Register1. 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] thatinspect, 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 emissionsinspection 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 aninspection station or repair facility for the purpose of issuing costbased waivers; F. The department’s revocation of Recognized RepairTechnician 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 thedepartment 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 shalldisplay 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 AMCCenforcement 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 termsof 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; andQ. 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 byreference 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)) andmay 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 CleanAir 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 incorporatedby reference in this rule. This rule does not incorporate any subsequent amendments or additions to the Federal Register . Any violation o f 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 

## Page 964 Proposed Rules June 15, 2012 Vol. 37, No. 12vehicle 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 andlocation 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 tothe 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] c ommunications 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 thata valid communications failure exists by using the MDAS OBD verification tool to v erify 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 OBDtest 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 theOBD 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 systemhas 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 tothe 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 ofNatural 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 WasteManagement 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. 12November 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 ConservationCommission 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 Amendmentsrequirement 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 ConservationCommission 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 provisionsof 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 Missouridoes not intend to enforce provisions of 40 CFR 60 that are currently part of the Code of Federal Regulations , but have been stayed forany 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 frombeing 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 areassured 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 WasteManagement 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 ConservationCommission 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 Rulemaking1 

## 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 appr oved version of the rule 5.381 in order to fulfill MO's obligation to
submit a redline strike out version of the rulemaki ng along with the SIP submittal. I understand that you are ready to submit the revision which incorporates the PHEV exe mption in to this rule, but that EPA has not yet fe derally approved the previous submission to this rule and therefore ther e is no federally approved version of the rule to m ark up.

This email is intended to transmit the agreement th at MDNR does not need to submit this electronic red line strike out in your submission. EPA may at a later date request ad ditional inf ormation 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