WAC (7/2/02 1:12 PM)[ 1 ] Chapter 173-422 WAC

MOTOR VEHICLE EMISSION INSPECTION

Last Update: 6/3/02
WAC
173-422-010 Purpose. 173-422-020 Definitions. 173-422-030 Vehicle emission inspection requirement. 173-422-031 Vehicle emission inspection schedules. 173-422-035 Registration requirements. 173-422-040 Noncompliance areas. 173-422-050 Emission contributing areas. 173-422-060 Gasoline vehicle emission standards. 173-422-065 Diesel vehicle exhaust emission standards. 173-422-070 Gasoline vehicle exhaust emission testing procedures. 173-422-075 Diesel vehicle inspection procedure. 173-422-090 Exhaust gas analyzer specifications. 173-422-095 Exhaust opacity testing equipment. 173-422-100 Testing equipment maintenance and calibration. 173-422-120 Quality assurance. 173-422-130 Inspection fees. 173-422-145 Fraudulent certificates of compliance/acceptance. 173-422-160 Fleet and diesel owner vehicle testing requirements. 173-422-170 Exemptions. 173-422-175 Fraudulent exemptions. 173-422-190 Emission specialist authorization. 173-422-195 Listing of authorized emission specialists.

DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER

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 Repealed by 93-10-062 (Order 91-46), filed 5/3/93, effective 6/3/93.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 Repealed by 93-10-062 (Order 91-46), filed 5/3/93, effective 6/3/93.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 Repealed by 94-05-039 (Order 93-10), filed 2/8/94, effective 3/11/94.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

WAC 173-422-010 Purpose. This chapter implements the Washington Clean Air Act, chapter 70.94 RCW, as supplemented by the motor vehicle emission inspection provisions codified as chapter 70.120 RCW. Gasoline motor vehicles are the primary emitters of carbon monoxide and emit significant quantities of hydrocarbons andWAC (7/2/02 1:12 PM)[ 2 ] oxides of nitrogen. Diesel motor vehicles are emitters primarily of particulates, hydrocarbons, and oxides of nitrogen. Emission controls required by the federal government are designed to reduce motor vehicle related air pollution. However, the effectiveness of these controls is substantially reduced through deterioration, maladjustment and tampering. Motor vehicle emission inspection serves to identify high polluting vehicles and vehicles with tampered or missing emission controls and to reduce their emissions, when such reduction can be accomplished at reasonable cost. These rules establish the emission standards, testing procedures, and associated activities necessary to implement a program of air pollution prevention and control resulting from motor vehicle emission inspections.

[Statutory Authority: Chapter 70.120 RCW. 93-10-062 (Order 91- 46), § 173-422-010, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-010, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-010, filed 2/28/80.]

WAC 173-422-020 Definitions. Unless a different meaning is clearly indicated by context, the following definitions will apply: (1) "Appropriate repair" means the diagnosis of the cause(s) of an emission test failure and/or the repair of one or more of these causes. An appropriate repair should reduce at least one emission test reading or diagnose and/or repair an emission problem identified by the on-board diagnostic (OBD) system. (2) "Certificate of acceptance" means an official form, issued by someone authorized by the department, which certifies that the following conditions have been met: (a) The vehicle failed an emission inspection; and (b) The vehicle failed a reinspection; and (c) All primary emission control components installed by the vehicle manufacturer, or its appropriate replacement, are installed and operative; and (d) The recipient has provided original receipts listing and providing the cost of each appropriate repair performed by an authorized emission specialist between the initial and last inspection; and (e) The total cost of the appropriate repairs must equal or exceed:WAC (7/2/02 1:12 PM)[ 3 ] Pre-1981 vehicles $100

1981 and newer $150

(3) "Certificate of compliance" means an official form, issued by someone authorized by the department, which certifies that the recipient's vehicle on inspection complied with applicable emission inspection standards. (4) "Authorized emission specialist" means an individual who has been issued a certificate of instruction by the department as authorized in RCW 70.120.020 (2)(a) and has maintained the certification by meeting requirements of WAC 173- 422-190(2). (5) "Dealer" means a motor vehicle dealer, as defined in chapter 46.70 RCW as amended, that is licensed pursuant to chapter 46.70 RCW. (6) "Department" means the department of ecology. (7) "Emission contributing area" means a land area within whose boundaries are registered motor vehicles that contribute significantly to the violation of motor vehicle related air quality standards in a noncompliance area. (8) "Fleet" means a group of fifteen or more motor vehicles owned or leased concurrently by one owner assigned a fleet identifier code by the department of licensing. (9) "Gross vehicle weight rating (GVWR)" means the manufacturer stated gross vehicle weight rating. (10) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16 RCW. (11) "Noncompliance area" means a land area within whose boundaries any air quality standard for any air contaminant from the emissions of motor vehicles will probably be exceeded. (12) "PPM" means parts per million by volume. (13) "Primary emission control components" means the components of the vehicle installed by the manufacturer for the purpose of reducing emissions or its replacement or modification which is acceptable to the United States Environmental Protection Agency. These components are, but are not limited to, the catalytic converter or thermal reactor, the air injection system components, the thermostatic air cleaner, the exhaust gas recirculation system components, the evaporative emission system components including the gas cap, the positive crankcase ventilation system components and the electronic control unit components that control the air/fuel mixture and/or ignition timing including all related sensors. The primary emission control components of a vehicle with a different engine than the engine originally installed shall be an Environmental Protection Agency certified engine/emission control combination for that vehicle or its newer model.WAC (7/2/02 1:12 PM)[ 4 ] [Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-020, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173- 422-020, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93- 10), § 173-422-020, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-020, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-020, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-020, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-020, filed 2/28/80.]

WAC 173-422-030 Vehicle emission inspection requirement. All motor vehicles, not specifically exempted by WAC 173-422- 170, which are registered or reregistered within the boundaries of an emission contributing area, as specified in WAC 173-422- 050, are subject to the vehicle emission inspection requirements of this chapter. In addition, the department may require an emission inspection of a motor vehicle, except military tactical vehicles, operated for more than sixty days a year on a federal installation located within an emission contributing area, or a vehicle garaged at a location within an emission contributing area, or a vehicle which has previously passed an emission inspection but has been identified using on road testing as likely to no longer comply with the inspection standards. Neither the department of licensing, county auditors nor subagents appointed under RCW 46.01.140 may change the registered owner or may issue or renew a motor vehicle license for any vehicle registered in an emission contributing area, as that area is established under RCW 70.120.150, unless the application for issuance or renewal is: (1) Accompanied by a valid certificate of compliance issued pursuant to RCW 70.120.080 or 70.120.170 or a valid certificate of acceptance issued pursuant to RCW 70.120.070; or (2) exempted from this requirement pursuant to RCW 46.16.015(2). Certificates must have a date of validation which is within twelve months of the assigned license renewal date.

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-030, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173- 422-030, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93- 35), § 173-422-030, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-030, filed 2/8/94, effective 3/11/94;WAC (7/2/02 1:12 PM)[ 5 ] 93-10-062 (Order 91-46), § 173-422-030, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173- 422-030, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-030, filed 2/28/80.]

WAC 173-422-031 Vehicle emission inspection schedules. (1) Vehicles defined in RCW 46.16.015(2) or WAC 173-422-170 areexempt from emission inspections. Vehicles five through twentyfive years old, other than state and local government vehicles, shall be inspected every other year as described in the table below. This inspection schedule does not apply to vehicles that have already been issued a certificate of compliance or a certificate of acceptance within twelve months of the assigned license renewal date.

Year Model Year of Vehicles Needing Inspection

2002 1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997 2003 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998 2004 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999 2005 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000 2006 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001 2007 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002 2008 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003 2009 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004 2010 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005 2011 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004, 2006 2012 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005, 2007 (2) State and local government vehicles five through twenty-five years old shall be inspected yearly as described in the table below.

Year Model Year of Vehicles Needing Inspection

2002 1977 thro ugh 1997

2003 1978 thro ugh 1998

2004 1979 thro ugh 1999WAC (7/2/02 1:12 PM)[ 6 ] 2005 1980 thro ugh 2000

2006 1981 thro ugh 2001

2007 1982 thro ugh 2002

2008 1983 thro ugh 2003

2009 1984 thro ugh 2004

2010 1985 thro ugh 2005

2011 1986 thro ugh 2006

2012 1987 thro ugh 2007

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-031, filed 6/3/02, effective 7/4/02; 00-22-120 (Order 00-15), § 173-422-031, filed 11/1/00, effective 12/2/00.]

WAC 173-422-035 Registration requirements. (1) Persons residing in emission contributing areas as defined under WAC 173-422-050 shall register their motor vehicles within that

area. (2) Any person who violates this section shall reregister their motor vehicle within the emission contributing area, obtain a certificate of compliance or acceptance within thirty days, and is subject to a civil penalty not to exceed two hundred fifty dollars for each violation. (3) Any civil penalty imposed by the department hereunder shall be appealable to the pollution control hearings board as provided for in chapter 43.21B RCW.

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

WAC 173-422-040 Noncompliance areas. The following areas are designated noncompliance areas for the air contaminants specified: Carbon monoxide (1) The city of Seattle. (2) The city of Bellevue. (3) The city of Spokane. (4) The city of Tacoma. (5) The city of Vancouver. (6) The city of Everett.WAC (7/2/02 1:12 PM)[ 7 ] [Statutory Authority: Chapter 70.120 RCW. 93-10-062 (Order 91- 46), § 173-422-040, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-040, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-040, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-040, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-040, filed 2/28/80.]

WAC 173-422-050 Emission contributing areas. Emission contributing areas within which the motor vehicle emission inspection program applies are designated by the following United States Postal Service ZIP codes as of September 1, 1994, set forth below:
(1) Puget Sound Region

98001 98036 98083 98002 98037 98092

98003 98038 98093

98004 98039 98101 thru 98199

98005 98040 inclusive except 98110

98006 98041 98201 thru 98208

98007 98042 98258

98008 98043 98270

98009 98046 98271

98011 98047 98275

98012 98052 98290

98015 98053 98291

98020 98054 98327

98021 98055 98332

98023 98056 98335

98025 98057 98338

98026 98058 98344

98027 98059 98352

98028 98062 98354WAC (7/2/02 1:12 PM)[ 8 ] 98031 98063 98371 thru 98374

98032 98064 98387

98033 98071 98388

98034 98072 98390

98035 98073 98401 thru 98499

(2) Spokane Region

99001 99005

99014

99016

99019

99021

99025

99027

99037

99201 thru 99299

(3) Vancouver Region

98604 except north of N.E. 279th Street 98606

98607

98629 except east of N.E. 50th Avenue

98642

98660 thru 98668

98671 except Skamania County

98682-86

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

WAC 173-422-060 Gasoline vehicle emission standards. Gasoline motor vehicles subject to this chapter shall: (1) When tested using the exhaust emission testing procedures described in (II) Two Speed Idle Test of Appendix B Test Procedures of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of Chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, meet the applicable exhaust emission standards from the following table during both the idle and higher speed mode. Two Speed Idle Test Exhaust Emission Standards

Model Year CO(%)

. * HC (ppm)

. * 80 and earlier 3.0 600

81 and newer (0-8500 GVWR) 1.2 220

81 and newer (Greater than 8500 GVWR) 3.0 400

*Carbon monoxide (CO) and hydrocarbons (HC), measured as a percentage (%) or parts per million (ppm) of the exhaust volume. (2) When tested using the acceleration simulation mode (ASM) procedure specified in WAC 173-422-070 meet the following standards during that mode and the applicable standard from WAC 173-422-060(1) during the idle mode.

ASM Mode Exhaust Emission Standards

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

. * HC(ppm)

1980 and earlier model year cars and trucks (0-8500 lbs. GVWR)

1750 4.2 400

1875 4.0 380

2000 3.8 350

2125 3.6 340

2250 3.4 320

2375 3.2 300

2500 3.0 290WAC (7/2/02 1:12 PM)[ 10 ] 2625 2.9 270

2750 2.8 260

2875 2.7 250

3000 2.6 240

3125 2.5 230

3250 2.4 220

3375 2.3 220

3500 2.2 210

3625 2.1 200

cars 3750 & greater 2.1 200

trucks 3750 & greater 2.5 300

1981 & later model year cars and trucks (0-8500 lbs. GVWR)

1750 1.8 250

1875 1.7 240

2000 1.6 220

2125 1.5 210

2250 1.5 200

2375 1.4 190

2500 1.3 180

2625 1.3 180

2750 1.2 170

2875 1.2 160

3000 1.1 160

3125 1.1 150

3250 1.0 150

3375 1.0 150

3500 1.0 150

3625 1.0 150

cars 3750 & greater 1.0 150

trucks 3750 & greater 1.5 200

. *Carbon monoxide (CO) and hydrocarbons (HC), measured as a percentageWAC (7/2/02 1:12 PM)[ 11 ] (%) or parts per million (ppm) of the exhaust volume. (3) The gasoline filler cap must not leak more than 60 cubic centimeters per minute at a pressure of 30 inches of

water. (4) Standardized on-board diagnostic (OBD) systems (also known as OBDII) were required by Environmental Protection Agency starting with 1996 model gasoline vehicle cars and light trucks. If a 1996 or newer model vehicle is equipped with an Environmental Protection Agency certified on-board diagnostic (OBD) system, the information stored in the on-board computer must indicate that all emission-related functional checks have been completed except for 1996 to 2000 model year vehicles that can have up to two readiness monitors not set to ready, or 2001 or newer model year vehicles that have one readiness monitor not set to ready, and no malfunctions detected that would command the malfunction indicator light to be illuminated.

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-060, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173- 422-060, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93- 35), § 173-422-060, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-060, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-060, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-060, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-060, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-060, filed 2/28/80.]

WAC 173-422-065 Diesel vehicle exhaust emission standards. (1) Diesel motor vehicles subject to this chapter shall meet the following opacity standards when using the snap-acceleration test procedures specified in WAC 173-422-075.

Model Year Opacity (%) 1991 and earlier 55

1992 and later 40

(2) When using the Acceleration Simulation Mode (ASM) test procedures specified in WAC 173-422-070 adapted for the testing of diesel cars or light trucks (0-8500 pounds gross vehicle weight rating), these vehicles shall meet a 20% opacity standard.WAC (7/2/02 1:12 PM)[ 12 ] [Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-065, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173- 422-065, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91- 46), § 173-422-065, filed 5/3/93, effective 6/3/93.]

WAC 173-422-070 Gasoline vehicle exhaust emission testing procedures. All persons certified by, or under contract to, the department to conduct motor vehicle emission inspections shall use the exhaust emission testing procedures described in (II)Two Speed Idle Test of Appendix B-Test Procedures of Subpart SInspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, except that the department may require that the following Acceleration Simulation Mode (ASM) test procedure replace the 2500 rpm mode of the Two Speed Idle Test. Equivalent procedures may be approved by the department. Variations to the procedures specified may be established by the department for all or certain vehicles. Vehicles, not repaired as required by an emission recall for which owner notification was attempted after January 1, 1995, shall not be inspected until compliance with the recall is established.

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

. + 300]/300. An Environmental Protection Agency specified loading may also be used. 2. Vehicle Gear Selection: Vehicles with automatic transmissions use Drive (not Overdrive), vehicles with manual transmissions use second gear. Shift to the next higher gear if the engine speed exceeds 2500 revolutions per minute. 3. Vehicle Speed: Set vehicle speed at 25 miles per hour (mph) 1.5 ± mph. 4. Pass or Fail Determinations: Once the vehicle has been operating at 25 mph for 15 seconds, begin measuring exhaust HC, CO, and CO2, each second. The reading for pass or fail determinations is the running average of five measurements. When a final pass or fail determination is made, this mode will be stopped and the final readings recorded. 5. Fast Pass: Once HC and CO readings are equal to or less than the HC and CO standards and are within 20 ppm HC and 0.20% CO of each other. 6. Fast Fail: The vehicle will fail after 15 or more seconds of measurements when the HC reading exceeds 1800 ppm, or the CO reading exceeds 9.0 percent.WAC (7/2/02 1:12 PM)[ 13 ] 7. Full Term Pass/Fail: The vehicle will pass or fail the ASM mode after 90 seconds of measurements unless emission readings are declining at a rate that indicates that a failing vehicle will pass within the next 30 seconds. Then the failing vehicle will receive up to an additional 30 seconds of measurements before the final pass/fail determination is made.

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-070, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173- 422-070, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93- 35), § 173-422-070, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-070, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-070, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-070, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173- 422-070, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-070, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-070, filed 2/28/80.]

NOTES:

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

WAC 173-422-075 Diesel vehicle inspection procedure.Diesel vehicles shall be tested using the following snapacceleration test procedure unless the department requires the Acceleration Simulation Mode (ASM) test procedure specified in WAC 173-422-070 adapted for the testing of diesel cars or light trucks (0-8500 pounds gross vehicle weight rating) be used in lieu of the snap-acceleration test procedure. Prior to beginning the test verify the engine is within its normal operating temperature range, all vehicle accessories including air conditioning are off, the parking brake and an engine brake or retarder is off, the transmission is in neutral (and clutch released if manual transmission). (1) The vehicle shall receive at least three preliminary snap-acceleration test cycles until consistent engine operation is achieved. The snap-acceleration test cycle consists of moving the accelerator pedal from normal idle as rapidly as possible to the full power position, then fully releasing the throttle so the engine returns to idle. (2) Then perform additional snap-acceleration test cyclesWAC (7/2/02 1:12 PM)[ 14 ] while measuring the smoke opacity with an opacity meter which meets the requirements specified in WAC 173-422-095. The engine must be allowed to remain at idle for at least ten secondsbetween snap-acceleration test cycles. If a subsequent snapacceleration cycle is not begun within 45 seconds, the entire sequence of snap-acceleration test cycles must be restarted. The three preliminary snap-acceleration test cycles described in (1) need not be repeated.(3) Record peak opacity readings from each snapacceleration test cycle up to nine times if necessary to obtain a peak opacity reading and two consecutive peak readings that are equal to or less than the standard established in WAC 173- 422-065. If a peak opacity reading and two consecutive peak readings that are equal to or less than the standard established in WAC 173-422-065 are not obtained, the vehicle fails the test. (4) Steps 2 and 3 are repeated for any additional exhaust pipes.

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-075, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 94-05-039 (Order 93-10), § 173- 422-075, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91- 46), § 173-422-075, filed 5/3/93, effective 6/3/93.]

WAC 173-422-090 Exhaust gas analyzer specifications. Only exhaust gas analyzers meeting the specifications contained in(I) Steady-State Exhaust Analysis System of Appendix D-SteadyState Short Test Equipment of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, at the time of certification testing may be used for certification testing, unless equivalent specifications have been approved by the department.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93- 35), § 173-422-090, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-090, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-090, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-090, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-090, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-090, filed 2/28/80.]WAC (7/2/02 1:12 PM)[ 15 ] WAC 173-422-095 Exhaust opacity testing equipment. The exhaust opacity measurement shall be conducted using an opacity meter approved by the department. The opacity meter shall: (1) Automatically calibrates itself before each test. (2) Provide for continuous measurement of exhaust opacity unaffected by rain or wind.

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

WAC 173-422-100 Testing equipment maintenance and calibration. (1) Unless alternative procedures have been approved or required by the department all equipment used in the inspection shall be calibrated and maintained according to the manufacturer's specifications and recommendations. Complete logs as approved by the department shall be kept for maintenance, repair, and calibration. (2) The procedures for equipment maintenance and calibration procedures described in (I) Steady-State Test Equipment of Appendix A-Calibrations, Adjustments and Quality Control of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992, shall be followed by all testing facilities unless equivalent procedures have been approved by the department.

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

WAC 173-422-120 Quality assurance. The department, or its designee, may monitor the operation of each authorized emission inspection/certification facility with unidentified or unannounced and unscheduled inspections to check the calibration and maintenance of the exhaust analyzers, test procedures, and records.WAC (7/2/02 1:12 PM)[ 16 ] The department (or its designee) may immediately require the suspension of vehicle inspections/certifications in all or part by the inspection/certification facility if violations of this chapter are found during an audit of the inspection facility.

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

WAC 173-422-130 Inspection fees. At an inspection facility operated under contract to the state, the fee for the first emission inspection on each vehicle applicable to a vehicle license year shall be fifteen or less dollars. If the vehicle fails, one reinspection will be provided free of charge at any inspection station operated under contract to the state, provided that the reinspection is applicable to the same vehicle license year. Any additional reinspection of a failed vehicle applicable to the same vehicle license year will require the payment of fifteen or less dollars.

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

WAC 173-422-145 Fraudulent certificates of compliance/acceptance. (1)(a) Obtaining or attempting to obtain a certificate of compliance by (i) providing false information or (ii) any fraudulent means; orWAC (7/2/02 1:12 PM)[ 17 ] (b) Obtaining or attempting to obtain a certificate of acceptance (i) through the use of receipts or other documentation containing false information, or (ii) any fraudulent means shall be construed as a violation of these rules implementing chapter 70.94 RCW as supplemented by chapter 70.120 RCW. (2) Any person who commits such violation or who aids or abets another in committing the same shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation. (3) For the purposes of this section the term "expended" refers to the net actual cost to the vehicle owner in the purchase of repairs or parts derived after the amount of any rebate, discount or cash-return has been subtracted. (4) Any civil penalty imposed by the department hereunder shall be appealable to the pollution control hearing board as provided for in chapter 43.21B RCW.

[Statutory Authority: Chapter 70.120 RCW. 90-06-062, § 173- 422-145, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23- 115 (Order DE 83-31), § 173-422-145, filed 11/23/83, effective 1/2/84.]

WAC 173-422-160 Fleet and diesel owner vehicle testing requirements. The department may authorize emission inspections by fleet operators including government agencies and the owners of diesel motor vehicles with a gross vehicle weight rating in excess of 8500 pounds or by an automotive service or testing facility engaged by the vehicle owner for such activity. Authorizations to conduct emission tests and issue certificates of compliance under this section are limited to authorized fleet vehicles or diesel vehicles with a gross vehicle weight rating in excess of 8500 pounds. (1) All persons engaged in testing of gasoline fleet or diesel vehicles must comply with all applicable provisions of this chapter except as approved by the department. (2) All persons conducting tests for the purpose of issuing certificates for fleet or diesel vehicles shall be ecology authorized emission specialists. (3) Legibly completed forms will constitute certificates of compliance for licensing purposes. Any person conducting testing under this section shall forward to the department within ten working days after the end of each month, a copy of each certificate of compliance issued during that month. Copies of each certificate of compliance shall be retained by theWAC (7/2/02 1:12 PM)[ 18 ] person issuing the certificate for at least two years from date of issuance. Alternative arrangements for providing and or storing this information using automated data storage devices may be approved or required by the department. Forms must be purchased from the department in advance of issuance through payment of fifteen or less dollars to the department for each certificate requested. Refunds or credit may be given for unused certificates returned to the department. Payment for fleet forms is waived for state and local government fleets. Test forms provided under this section are official documents. Persons receiving the forms from the department are accountable for each form provided. Voided forms must be handled the same as certificates of compliance. One copy shall be sent to the department within ten days after the end of the month in which the form was voided and one copy shall be retained by the person accountable for the forms for at least two years after date of voiding. Refunds will not be made for voided forms. (4) All persons authorized to conduct fleet or government vehicle inspections under this section shall be subject to performance audits and compliance inspections by the department, during normal business hours. (5) Fleet vehicles may be inspected any time between their scheduled license renewals. (6) Certificates of acceptance may not be issued under this section.

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

WAC 173-422-170 Exemptions. The following motor vehicles are exempt from the inspection requirement: (1) Vehicles proportionally registered pursuant to chapterWAC (7/2/02 1:12 PM)[ 19 ] 46.85 RCW. (2) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale; this does not exempt motor vehicles that are or have been leased. (3) Motor vehicles that use propulsion units powered exclusively by electricity. (4) Motor-driven cycles as defined in chapter 46.04 RCW as amended. (5) Farm vehicles as defined in chapter 46.04 RCW as amended. (6) Vehicles not required to be licensed. (7) Mopeds as defined in chapter 46.04 RCW as amended. (8) Vehicles garaged and operated out of the emission contributing area. (9) Vehicles registered with the state but not for highway

use. (10) Used vehicles at the time of sale by a Washington licensed motor vehicle dealer. (11) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas and so registered by the department of licensing. (12) Motor vehicles whose manufacturer or engine manufacturer provides information that the vehicle cannot meet emission standards because of its design. In lieu of exempting these vehicles, alternative standards and or inspection procedures may be established. (13) Motor vehicles whose registered ownership is being transferred between parents, siblings, grandparents, grandchildren, spouse or present co-owners and all transfers to the legal owner or a public agency. (14) Vehicles less than five years old. (15) Vehicles more than twenty-five years old.

[Statutory Authority: RCW 70.120.120. 00-22-120 (Order 00-15), § 173-422-170, filed 11/1/00, effective 12/2/00. Statutory Authority: RCW 70.120.080, 70.120.170 (4)(a), 46.16.015 (2)(h) and 70.120.120. 99-24-021 (Order 99-19), § 173-422-170, filed 11/22/99, effective 12/31/99. Statutory Authority: Chapter 70.120 RCW. 96-23-030 (Order 96-11), § 173-422-170, filed 11/15/96, effective 12/16/96; 96-21-029 (Order 95-11), § 173- 422-170, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93- 35), § 173-422-170, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-170, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-170, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-170, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080,WAC (7/2/02 1:12 PM)[ 20 ] 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173- 422-170, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-170, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-170, filed 2/28/80.]

WAC 173-422-175 Fraudulent exemptions. (1) Obtaining or attempting to obtain an exemption from emission inspection requirements by false statements, or failure to comply with the exemption procedures established to implement WAC 173-422-170, shall be construed as a violation of these rules implementing chapter 70.94 RCW as supplemented by chapter 70.120 RCW. (2) Any person who commits such violation or who aids or abets another in committing the same shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation. (3) Any civil penalty imposed by the department hereunder shall be appealable to the pollution control board as provided for in chapter 43.21B RCW.

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

WAC 173-422-190 Emission specialist authorization. (1) To become an authorized emission specialist an individual shall: (a) Pass a course of study, approved by the department; and (b) Agree in writing to meet the requirements of subsection (2) of this section and all requirements of law or regulation regarding the serving of motor vehicle emission control systems or the motor vehicle emission inspection program. (2) To maintain certification, an authorized emission specialist shall: (a) Successfully complete a department-approved course on emission repair within ninety days of being required to do so by the department unless an extension has been granted in writing by the department; and (b) Sign, including the specialist identification number, all receipts and other forms required by the department for emission repairs or adjustments performed. These receipts must be prenumbered, preprinted with the business's name and address and clearly itemize all appropriate repairs performed by the specialist; and (c) Record on all receipts: (i) The vehicle's emission readings after appropriateWAC (7/2/02 1:12 PM)[ 21 ] repairs or the diagnosis and/or repair of problem(s) identified by the on-board diagnostic (OBD) during an emission inspection; and (ii) A vehicle description including the license number and vehicle identification number (VIN); and (iii) Any missing or inoperative primary emission control components; and (iv) Any further recommended appropriate repairs; and (d) Not tamper with emission control systems, including adjusting an engine outside of the manufacturer's specifications (chapter 173-421 WAC); and (e) Not obtain or attempt to obtain a certificate of compliance, a certificate of acceptance (repair waiver) or an exemption from the inspection requirements by providing false information or by any fraudulent means (chapter 173-422 WAC); and (f) Not aid or abet any individual in committing a violation of chapter 173-421 or 173-422 WAC. (3) The certification of an authorized emission specialist may be revoked for a first violation of chapter 173-421 WAC or WAC 173-422-145, for a period of no more than one year, and may be permanently revoked for a second violation of chapter 173-421 or 173-422 WAC. The certification of an authorized emission specialist may be temporarily revoked for violation of subsection (2) of this section and may be permanently revoked for continued willful violation of subsection (2) of this section. An authorized emission specialist whose certification is revoked permanently or temporarily may appeal to the pollution control hearings board as provided for in RCW 43.21B.310. (4) An authorized emission specialist whose certification has been temporarily revoked may reapply for certification twelve months after the date of revocation by applying to the department and meeting all requirements of subsection (1) of this section. An application for certification by a permanently revoked authorized emission specialist will be denied.

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-190, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173- 422-190, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93- 35), § 173-422-190, filed 2/28/95, effective 3/31/95; 90-06-062, § 173-422-190, filed 3/6/90, effective 4/6/90.]

WAC 173-422-195 Listing of authorized emission specialists. (1) A list of authorized emission specialists willWAC (7/2/02 1:12 PM)[ 22 ] be available to the public. Specialists will be listed under one employer's business name when the business is approved for listing. The list will be updated by the department at least once every six months. (2) The employer's business name and address will be listed by the department, when the employer agrees in writing to: (a) Require the use of a properly maintained and correctly calibrated exhaust analyzer and a scan tool capable of communicating with the on-board diagnostic (OBD) systems installed on all U.S. Environmental Protection Agency certified 1996 model year and newer gasoline vehicles to diagnosis emission test failures and as a final check for emission repairs or adjustments; (b) Have all emission repairs or adjustments performed by an authorized emission specialist; (c) Require the authorized emission specialist to sign the customer's receipt for emission repairs or adjustments, and to record the vehicle's emission readings or which problem(s) identified by the on-board diagnostic (OBD) system during an emission inspection that have been diagnosed and/or repaired on the receipt after the work is completed; (d) Require that all employees not aid or abet any person to tamper with emission control systems, including adjusting a vehicle outside of the manufacturer's specifications (chapter 173-421 WAC); and (e) Require that all employees not aid or abet any person to obtain a fraudulent certificate of compliance, certificate of acceptance or an exemption from the inspection requirement (repair waiver) (chapter 173-422 WAC). (f) Notify the department when an authorized emission specialist begins or ends employment. (3) An employer may be removed from the authorized emission specialist list for a first violation of chapter 173-421 or 173- 422 WAC for a period of no more than one year and may be permanently removed after a second violation of chapter 173-421 or 173-422 WAC. An employer may be temporarily removed from the authorized emission specialist list when failing to comply with the requirements of subsection (2) of this section and may be permanently revoked for continued and willful violation of subsection (2) of this section. (4) An employer who has been temporarily removed from the authorized emission specialist list may reapply for listing twelve months after the date of removal from the listing by applying to the department and meeting all requirements of subsection (2) of this section. An application for listing from an employer permanently removed from the authorized emissionWAC (7/2/02 1:12 PM)[ 23 ] specialist list will be denied. (5) An employer who is removed from an authorized emission specialist list or denied listing in an authorized emission specialist list may appeal to the pollution control hearings board as provided for in RCW 43.21B.310. (6)(a) An employer approved for listing may display the "state authorized emission specialist" sign available from the department. Any employer advertising or providing of information to the public based on the department's certification of an authorized emission specialist must be discontinued immediately when the employer no longer meets the requirements. (b) An employer violating (a) of this subsection shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation. (c) A civil penalty imposed by the department may be appealed to the pollution control hearings board as provided for in RCW 43.21B.310.

[Statutory Authority: RCW 70.120.120. 02-12-072 (Order 02-04), § 173-422-195, filed 6/3/02, effective 7/4/02. Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173- 422-195, filed 2/28/95, effective 3/31/95; 90-06-062, § 173-422- 195, filed 3/6/90, effective 4/6/90.]