Mr. William W. Rice 

Acting Regional Administrator U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Rice: 

APDB RECEIVED 

JUN 1 7 2009 

The Missouri Air Conservation Commission recently revised or promulgated the following 

regulations for the Missouri State Implementation Plan (SIP). The following is enclosed for your review: 

10 CSR 10-5.290 (rescission) More Restrictive Emission Limitations for Particulate Matter in 

the South St. Louis Area 

This proposed rescission will remove an obsolete regulation that applies to a specific area in 

South St. Louis. This rule applied specifically to the operating conditions and the compliance 

schedule ofby-product coke ovens located at 526 East Catalan St. The location of the coke ovens 

which is referenced has been out ofbusiness and inoperable since 1988. The rule also set 

requirements for the restriction of fugitive particulates in the South St. Louis area, which is 

redundant to the statewide fugitive dust rule 1 0 CSR 10-6.170. By removing this outdated rule, 

the Code of State Regulations will become less confusing and cumbersome. 

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

This proposed amendment will clarify the exemption, inspection station, vehicle inspection and 

waiver requirements of the inspection/maintenance program rule in the St. Louis Ozone 

Nonattainment Area. Some of these clarifications have been requested by the Missouri State 

Highway Patrol, who is involved in the oversight of the emissions inspection stations. This 

amendment will also define and exempt specially constructed vehicles (including kit-cars) to 

make the rule consistent with current practices. 

10 CSR 10-6.061 (amendment) Construction Permit Exemptions 

This proposed rule amendment will add an exemption from construction permits for the 

construction of temporary storage structures throughout the state of Missouri that occur as a 

result of exceptional events (e.g. natural disasters or abundant harvests exceeding available 

storage capacity). 

0 

Rttycled Paper 
subject to a more stringent standard, and units that have an uncontrolled potential to emit less 

than the allowable emissions. The amendment will also correct a reference in the rule that refers to construction permit exemptions found in 10 CSR 10-6.061. 

The commission adopted the enclosed rule actions on February 3, 2009, 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 actions. Enclosed are the 

required submittal elements for determination of plan completeness per 40 CFR Part 51, 

Appendix V. 

The Missouri Department ofNatural Resources requests that the U.S. Environmental Protection 

Agency amend the SIP to remove rule 10 CSR 10-5.290 from the SIP, include rule 10 CSR 10-

5.381 in the SIP, and replace rules 10 CSR 10-6.061 and 10 CSR 10-6.400 in the SIP with the 

amended rules. 

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

please contact David J. Lamb, with the Department's Air Pollution Control Program at 

P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-4817. 

Sincerely, 

es L. Kavanaugh 

irector 

JLK:Ijs 

Enclosures: 

Copy of rules published in CSR 

Copy of commission signature pages certifying Missouri Air Conservation Commission adoption 

Copy of technical support documentation for rules (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statements 

Copy ofMO Reg order ofrulemakings with comments/responses 

c: Missouri Air Conservation Commission 
(1) Applica 

lity. 

(A) This le shall apply· throughout St. 

Louis City a d Jefferson, St. Charles, 

Franklin and St. uis Counties. · 

(B) This rule plies to all installations 

which have the unc trolled potential to emit 

more than one hundr (100) tons per year or 

two hundred fifty kilo s (250 kg) per day 

of volatile organic com unds (VOCs) from 

the application of aut otive underbody 

deadeners and adhesives. is rule shall also apply to any installation wh1 does not have 

an allowable VOC emission h it established 

under 10 CSR 10-6.060 or le 

able state implementation plan. ision and 

which has uncontrolled potential emissions 

greater than or equal to two hun fifty 

kilograms per day (250 kg/day) or o e hundred (100) tons per year. The uncon lied 

potential to emit is the potential emissio (as 

defined) plus the emissions removed by c -

trol devices. 

(2) Definitions of certain terms specified in 

this rule may be found in 10 CSR 10-6.020 

(3) General Provisions. 

(A) No person shall emit to the atmos ere 

any VOC from the application of auto otive 

underbody deadeners and adhesives · excess 

of the emission limit in section (4) 

(B) The emission limit containe in section 

(4) shall be based on a daily wei ted average 

of all deadeners and/or adhesiv s delivered to 

the coating applicator. 

(4) Emission 

Compliance. 

Application 

Process 

Chrysler Co 

CarDeaden 

Vinyl p 

Ad sives 

(5) ecordkeeping. 

2.22 

5.33 

7131185 7131185 

A) The owner or operator of a deadener 

d/or adhesive application covered by this 

ROBIN CARNAHAN 

Secretary of State 

(4/30/09) . 

rates, may be substituted for ac daily used 

measurements provided the o ner submits a 

demonstration approvable by e director that 

these records are adequate r the purpose of 

this rule. 

(C) Records of all · formation required 

under subsections (5) and (B) shall be 

kept for a period of less than two (2) years 

and all the records II be made available to 

the staff director 

(6) Complianc Method. Compliance with 

this rule shal demonstrated using the test 

method r erenced at 10 CSR 10-

6.030(14) ) to determine deadener compoSition. deadener manufacturer's formulation da may be used to demonstrate compliance, ut only after confirmation by the test 

previously referenced. 

A "HORITY: section 643.050, RSMo 1994. * 

riginal rule filed Aug. 15, 1983, effective 

Jan. 13, 1984. Amended: Filed June 4, 1985, 

effective Oct. 26, 1985. Amended: Filed Oct. 

, 1988, effective March 11, 1989. 

RSMo 1965, amended 

10 C 10-5.375 Motor Vehicle Emission 

lnspecti 

(Rescinde 

. section 307.366.4, RSMo 

Supp. 1999. "gina/ rule filed Jan. 14, 

1997, effective ug. 30, 1997. Amended: 

Filed Aug. 4, 2 , effective March 30, 

2001. Rescinded: ed Jan. 16, 2007, effective Aug. 30, 2007. 

Inspection 

(Rescinded August 30, 200 

AUTHORJTY: section 643. 0.1, RSMo 

2000. Original rule filed Jun 14, 1982, 

effective Jan. 13, 1983. Amended: iled Aug. 

15, 1983, effective Jan. 1 , 1984. 

Emergency rescission and rule filed g. 15, 

1994, effective Aug. 28, 1994, expire Dec. 

25, 1994. Emergency amendment filed ec. 

12, 1994, effective Dec. 25, 1994, exp1 d 

April 23, 1995. Rescinded and readopte 

CODE OF STATE REGULATIONS 

10 CSR 10-5.381 On-Board Diagnostics 

Motor Vehicle Emissions Inspection 

PURPOSE: Ihis 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. Ihe purpose of the inspection and 

maintenance program is to reduce and prevent ground-level ozonefonning vehicle emissions in the St. Louis nonattainment area. 

PUBUSHER 'S NOTE: Ihe secretary of state 

has detennined that the publication of the 

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

oould 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 ami/able 

to the public for inspection and copying at no 

more than the actual cost af reproduction. 

This note applies only to the reference material. Ihe 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 are1. 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 

31 
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)(1) 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 (ElO 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){1) of this rule; 

6. New and unused motor vehicles, of 

model years of the current calendar year and 

of any calendar year within two (2) years of 

such calendar year, that have an odometer 

reading of fewer than six thousand (6,000) 

miles at the time of original sale by a motor 

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

7. New motor vehicles that have not 

been previously titled and registered, for the 

four (4)-year period following their model 

year of manufacture, that have an odometer 

reading of fewer than forty thousand (40,000) 

miles showing at the first required biennial 

safety inspection. These vehicles qualify for 

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

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

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

the biennial safety inspection is conducted; 

8. Motor vehicles that are driven fewer 

than twelve thousand (12,000) miles between 

biennial safety inspections that receive a 

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

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

printed safety Vehicle Inspection Reports 

(VIRs) shall be provided by the owner to the 

department. 

32 

cle'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. 

(Ill) Each vehicle safety inspection 

report must document the odometer reading 

at the time of the vehicle's biennial safety 

inspections, and the difference between these 

two (2) odometer readings shall be no greater 

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

B. Beginning October 1, 2009, this 

exemption shall be issued automatically by 

licensed emissions inspection stations using 

the contractor's Missouri Decentralized 

Analyzer System (MDAS) equipment and 

lane software; 

9. Historic motor vehicles registered 

pursuant to section 301.131, RSMo; 

10. School buses; 11. Tactical military vehicles; 

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

calendar days; and 

13. Specially constructed vehicles. 

(2) Definitions. 

(A) Business day-All days, excluding 

Saturdays, Sundays, and state holidays, that 

an inspection station is open to the public. 

(B) Clean scanning-The illegal act of connecting the On-Board Diagnostics (OBD) 

cable or wireless transmitter to the data link connector of a vehicle other than the vehicle 

photographed and identified on the emissions 

VIR for the purpose of bypassing the required 

OBD test procedure. 

(C) Compliance cycle-The two (2)-year 

duration during which a subject vehicle in the 

enhanced emissions inspection program area 

is required to comply with sections 

643.300-643.355, RSMo. 

1. For private entity vehicles, the compliance cycle begins sixty (60) days prior to 

the subject vehicle's registration and biennial 

license plate tab expiration. 

2. For public entity vehicles, the compliance cycle begins on January I of each 

even-numbered calendar year. The compliance cycle ends on December 31 of each oddnumbered calendar year. 

(D) Contractor-The state contracted company who shall implement the decentralized 

CODE OF STATE REGULATIONS 

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 OnBoard Diagnostics (OBD) equipped vehicles 

that allows communication with a vehicle's 

OBD system. 

(G) Diagnostic Trouble Code (DTC)-An 

alphanumeric code consisting of five (5) 

characters which is stored by a vehicle's OnBoard Diagnostics system if a vehicle malfunctions or deteriorates in such a way as to 

potentially raise the vehicle's tailpipe or 

evaporative emissions more than 1.5 times 

the federal test procedure certification limits. 

The code indicates the system or component 

that is in need of diagnosis and repair to prevent the vehicle's emissions from increasing 

further. 

(H) Emissions inspection-Tests performed on a vehicle in order to evaluate 

whether the vehicle's emissions control components are present and properly functioning. 

(I) Gross Vehicle Weight Rating 

(GVWR)-The value specified by the manufacturer as the maximum design loaded 

weight of a single vehicle. 

(J) Ground-level ozone-A colorless, odorless gas formed by the mixing of volatile 

organic compounds and oxides of nitrogen 

from stationary and mobile pollution sources 

in the presence of heat and sunlight. Groundlevel ozone is a strong oxidizer that negatively affects human health by causing diminished lung function in both healthy individuals and those with pre-existing respiratory 

problems: 

(K) Heavy Duty Vehicle (HDV)-Any 

motor vehicle rated at eight thousand five 

hundred one (8,501) pounds GVWR or more. 

(L) Initial emissions inspection-An emissions inspection consisting of the inspection 

series that occurs the first time a vehicle is 

inspected in a compliance cycle. 

(M) Licensed emissions inspection station-Any business that has met the licensing 

requirements described in this rule and been 

licensed to offer vehicle emissions inspection 

services on behalf of the department. 

(N) Licensed emissions inspector-Any 

individual that has met the licensing requirements described in this rule and been licensed 

(4130/09) ROBIN CARNAHAN 

Secretary of State 
less, which is1. 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 OnBoard Diagnostics systems indicating to the 

vehicle operator that the vehicle either has a 

malfunction or has deteriorated enough to 

cause a potential increase in the vehicle's 

tailpipe or evaporative emissions. 

(R) Missouri Decentralized Analyzer 

System (MDAS)-The emissions inspection 

equipment that is sold by the state's contractor to licensed emissions inspection stations. 

The department may approve alternative 

equipment if the equipment described in this 

subsection is no longer available. At a minimum, the vehicle emissions inspection equipment shall consist of the following contractor 

equipment package: 

1. At least a seventeen-inch (17") Liquid 

Crystal Display (LCD) monitor; 

2. Universal serial bus (USB) lane camera; 

3. At least a 4.0 megapixel digital camera and dock; 

4. Fingerprint scanner; 

5. Two hundred fifty-six (256) megabyte 

USB flash drive; 

6. Keyboard with plastic keyboard cover 

and optical mouse; 

7. Printer with ink or toner cartridges 

and blank paper; 

8. 2D barcode reader; 

9. Windshield sticker printer with blank 

windshield stickers and thermal cartridge; 

10. OBD vehicle interface cable with a 

standard Society of Automotive Engineers 

Jl962/Jl978 OBD connector; 

11. OBD verification tool; 

12. Low-speed or high-speed Internet 

ROBIN CARNAHAN 

Secretary of State 

(4/30/09) 

5. 

eta

cab

et to 

o

d a

o

t

e 

components described in this subsection of 

the rule. . 

(S) Missouri Department of Revenue 

(MDOR)-The state agency responsible for 

the oversight of vehicle registration at contract offices and via the Internet. MDOR is 

also responsible for the registration denial 

method of enforcement for the vehicle emissions inspection and maintenance program. 

(T) Missouri State Highway Patrol 

(MSHP)-The state agency responsible for 

the oversight of the vehicle safety inspection 

program and joint oversight with the department of the vehicle emissions inspection and 

maintenance program. 

(U) On-Board Diagnostics (OBD)-A 

vehicle emissions early-warning system 

required by federal law to be installed on all 

light-duty 1996 and newer model year vehicles for sale in the United States. The OBD 

system monitors sensors and emissions-control related components on a vehicle to ensure 

that the emissions control system operates 

properly throughout a vehicle's lifetime. If 

one (l) or more components of the emissions 

control system malfunctions or deteriorates, 

the OBD system will illuminate the 

Malfunction Indicator Lamp and store one 

(I) 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 record1. 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 UfCs, including those that are 

commanding the MIL to be illuminated. 

(W) Qualifying repair-Any repair or 

adjustment performed on a vehicle's emissions control system after failing an initial 

emissions inspection, that is reasonable to the 

test method failure. A qualifying repair is 

CODE OF STATE REGULATIONS 

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 either1. The parts costs, spent by a vehicle 

owner or charged to a vehicle owner by a 

repair technician, that are appropriate for the type of emissions inspection failure; or 

2. The parts and recognized labor costs, 

charged to a vehicle owner by a Recognized 

Repair Technician, that are appropriate for 

the type of emissions inspection failure. 

(X) Readiness monitor-A design feature 

of On-Board Diagnostics systems. If a readiness monitor has been set, then the OBD system has completed a diagnostic check on that 

component. If a readiness monitor has not 

been set, then the OBD system has not completed a diagnostic check on that component. 

(Y) Recognized labor costs-The labor 

costs that a Recognized Repair Technician charges for emissions repair services rendered to a vehicle that fails its emissions 

inspection. Labor costs not tied to an emissions repair or solely for the purposes of setting readiness monitors may not be considered qualifying repairs. 

(Z) Recognized Repair Technician-Any 

person who1. Is professionally engaged full-time in 

vehicle repair or employed by an ongoing 

business whose purpose is vehicle repair. A 

Recognized Repair Technician may only be 

recognized by the department at one (1) place 

of employment; 

2. Has valid certifications from the 

National Institute for Automotive Service 

Excellence (ASE) in Electrical Systems (A6), 

Engine Performance (AS), and Advanced Engine Performance Specialist (Ll) that have 

not expired; and 

3. Has not been reported by the department to the attorney general for unlawful 

merchandising practices according to subsection 643.330.4, RSMo. 

(AA) Specially constructed vehicle-A 

motor vehicle that has not been originally 

constructed under a distinctive name, make, 

model, or type by a manufacturer of motor 

vehicles, that has been issued a specially constructed VIN number from the MDOR, and 

that has had the specially constructed VIN 

33 
facturer's statement of origin. 

(BB) Vehicle Inspection Database (VID)-

The vehicle inspection database, operated and 

maintained by the department's contractor. 

All vehicle emissions inspection information 

is uploaded by the MDAS inspection equipment to the VID on a real time basis as soon 

as each inspection is complete. 

(CC) Vehicle Inspection Report (VIR)-

The vehicle inspection report printed by the 

MDAS inspection equipment at the conclusion of each vehicle's emissions inspection. 

The VIR is designed solely to provide information regarding the emissions inspection 

results to motorists, and may not be valid for 

vehicle registration purposes. 

(DD) 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)l. of this rule, 

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

periods specified in subsection (3)(C) of this 

rule. 

B. Completion of the emissions 

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

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

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

to penalties specified in section 643.355.5, 

RSMo. 

2. Public entity vehicle compliance. 

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

emissions inspected according to the compliance cycle specified in paragraph (2)(C)2. of 

this rule 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. 

34 

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 

shall be a violation of this rule. These violations are subject to penalties specified in section 643.355.5, RSMo. 

3. Vehicle fleets. 

A. Vehicle fleets of any size may be 

emissions inspected by the fleet operator, 

provided the owners or operators of such 

vehicle fleets acquire the state contractor's 

equipment to conduct the emissions inspections. 

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

requirements as non-fleet vehicles. 

C. Fleet inspection facilities shall be 

subject to quality assurance evaluations at 

least as stringent as those performed at public inspection stations. 

D. Fleet owners or operators may 

make repairs to fleet vehicles on-site. 

(B) Emissions Inspection Intervals. 

1. Subject vehicles, manufactured as 

odd-numbered model year · vehicles are 

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

2. At the time of registration transfer, 

subject vehicles are required by section 

643.315.1, RSMo, to be inspected regardless 

of the vehicle model year. At the time of registration transfer, prior to the sale of a vehicle, private sellers of vehicles are required to 

provide the purchaser with an emissions 

inspection compliance certificate or compliance waiver that is valid for registering the 

vehicle according to inspection period 

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

(C) Emissions Inspection Periods. 

1. An emissions inspection performed 

on a subject vehicle via the vehicle inspection 

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

of this rule is valid, for the purposes of 

obtaining registration or registration renewal, 

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

of passing inspection or waiver issuance. An 

CODE OF STATE REGULATIONS 

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

transfer of such vehicle. 

2. Reinspections occurring fewer than 

ninety (90) days after the initial emissions 

inspection are subject to subsections (3)(J) 

and (3)(K) of this rule. 

3. Reinspections occurring more than 

ninety (90) days after the initial emissions 

inspection shall be considered to be an initial 

emissions inspection as defined in subsection 

(2)(L) of this rule and are subject to subsection (3)(H) of this rule. 

(D) Emissions Inspection Fees. 

1. Initial vehicle emissions inspection 

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

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

licensed emissions inspection station. The 

inspection station shall determine the forms 

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

inspection facility are exempt from initial 

vehicle emissions inspection fees. 

2. Vehicle emissions reinspection fee. 

Each initial vehicle emissions inspection fee 

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

emissions inspection at the same inspection 

station that performed the initial inspection. 

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

present the previous VIR and the completed 

repair data sheet described in subsection 

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

station that conducted the initial emissions 

inspection, within twenty (20) business days 

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

to the vehicle owner. 

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

more than twenty (20) business days after the 

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

inspection fee to the emissions inspection sta· 

tion. 

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 

(4/30/09) ROBIN CARNAHAN 

Secretary of State 
the licensed emissions inspection station's 

MDAS. The MDAS shall deduct one (I) 

emissions credit authorization for each passing emissions inspection. 

B. Licensed inspection stations are 

required to maintain a sufficient positive 

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

who have requested an inspection. 

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

inspection license, the department will issue 

the licensed emissions inspection station a 

full refund of two dollars and fifty cents 

($2.50) for each paid emissions inspection 

credit authorization that remains on the 

licensed emissions inspection station's 

MDAS. The department shall withdraw the 

pre-paid fees from the "Missouri Air 

Emissions Reduction Fund" as established by 

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

licensed inspection station. The MSHP will 

then delete all pre-paid emissions inspections 

from the inspection equipment. 

4. Vehicle inspection database (VID) 

service fee. Licensed emissions inspection 

stations shall pay the contractor three dollars 

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

emissions inspection that they perfonn. 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. 

(E) Emissions Inspection Equipment. 

1. Perfonnance features of emissions 

inspection equipment. The MDAS is required 

for perfonning any emissions inspections on 

subject vehicles. The MDAS shall meet or 

exceed all applicable EPA requirements. 

A. The MDAS shall be capable of 

testing all subject vehicles as required by 

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

as needed to accommodate new technology 

vehicles. The updates shall be provided by 

the state's contractor without cost to the state 

or the licensed emissions inspection stations. 

ROBIN CARNAHAN 

Secretary of State 

(4/30/09) 

(Ill) Based upon written specifications. 

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

be composed of vehicle inspection equipment 

controlled by a computer. 

A. The MDAS shall automatically: 

(I) Make pass/fail decisions for all 

computer-detennined 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; 

(Ill) Conduct regular self-testing of 

recording accuracy; 

(IV) Perfonn 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 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 infonnation shall be uploaded immediately to the VID via this telecommunications 

data link according to subparagraphs 

(3)(F)2.C. and (3)(F)5.D. of this rule so that 

all inspection infonnation can be electronically verified by the department, the MSHP, 

and the MOOR using the contractor-provided 

Internet solution. 

C. The MDAS shall ensure accurate 

data collection by limiting, cross-checking, 

and/or confinning 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 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 secCODE OF STATE REGULATIONS 

Newly acquired emissions inspection equipment and all applicable MDAS software 

updates shall be subject to the acceptance test 

procedures administered by the department's 

contractor to ensure compliance with the 

emissions inspection program specifications. 

(F) Emissions Inspection Station 

Requirements. 

1. Premises. 

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

area within an enclosed building of sufficient 

length, width, and height to accommodate a 

full size light duty vehicle or light duty truck. 

B. The licensed emissions inspection 

station shall be in compliance with applicable 

city, county, and state regulations relating to 

zoning, merchant licensing, fictitious names, 

and retail sales tax numbers. 

C. The emissions inspection area 

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

conduct an emissions inspection. 

2. Equipment. Each licensed emissions 

inspection station shall have the following 

equipment located at or near the inspection 

area: 

A. Scraper. The scraper may be used 

to remove old windshield stickers; 

B. Emissions inspection equipment, 

including hardware, software, fonns, and 

windshield stickers. The equipment hardware 

described in subsection (2)(R) of this rule 

shall be purchased or leased by the inspection 

station from the state's contractor. All of the 

equipment must be present and functional. 

The equipment software shall be provided 

with the MDAS equipment purchase or lease 

and updated periodically at no cost to the 

licensed inspection stations. The forms 

described in section (4) of this rule shall be 

provided by the MDAS software. The windshield stickers described in section (4) of this 

rule shall be provided by the contractor at no 

cost to licensed emissions inspection stations; 

and 

C. Telecommunications. The station 

shall provide dedicated data transmission 

capabilities for the emissions inspection 

equipment to stay online with the contractor's 

VID. The telecommunications capabilities 

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

cost of this telecommunications service, 

including initial installation and ongoing 

35 
inspection, except for short periods of time 

due to illness or annual vacation. 

B. Each licensed emissions inspection 

station will designate, on the station license 

application, the emissions inspection station 

manager who will be in charge of emissions 

inspections. The emissions inspection station 

manager shall be responsible for the daily 

operation of the station and will ensure that 

complete and proper emissions inspections 

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

licensed emissions inspection station during 

all business days during the station's hours of 

inspection, except for short periods of time 

due to illness or annual vacation. 

C. If the station is without at least one 

(1) emissions inspector or one (1) emissions 

inspection station manager, then the station 

shall be prohibited from conducting emissions inspections. 

4. Licensing. 

A. Any person, firm, corporation, 

partnership, or governmental entity requesting an emissions inspection station license 

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

to the MSHP. 

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

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

application shall be accompanied by a check 

or money order for one hundred dollars 

($100) made payable to the Director of 

Revenue and submitted to either the Missouri 

Department of Natural Resources, Air 

Pollution Control Program, Attn: Inspection 

and Maintenance, PO Box 176, Jefferson 

City, MO 65102-0176 or the MSHP. Under 

no circumstances will cash be accepted for 

the license fee. 

C. For the purposes of emissions and 

safety inspection license synchronization, a 

vehicle emissions inspection station license 

may be valid for fewer than twelve (12) 

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

application shall be accompanied by a check 

or money order made 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 

36 

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 (l) year from the 

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

MSHP. The owners of licensed emissions 

inspection stations that are renewing their 

emissions inspection license shall complete 

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

of this rule. 

E. Along with the application fee, 

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

department or the MSHP: 

(I) Proof of liability insurance; 

(II) The business's federal and state 

taxpayer identification number; 

(Ill) 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, filx number of the inspection station; 

(VI) The last name, first initial, 

and, if already licensed by the MSHP, the 

inspector number of the licensed emissions 

inspector(s) employed by that station; and 

(VII) The first and last name of the 

emissions inspection station manager(s) 

employed by that station. 

F. No license issued to an emissions 

inspection station may be transferred or used 

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

license. The department must be notified 

immediately when a change of ownership or 

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

the cost of the new license. Businesses that 

change owners will be treated as new 

licensees and charged another license fee for 

the new license. 

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

or when a station discontinues operation, all 

emissions inspection supplies including, but 

not limited to, blank windshield stickers 

described in section ( 4) of this rule and the 

emissions inspection station sign described in 

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

CODE OF STATE REGULATIONS 

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

any person having an interest in the business 

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

station whose license is under suspension or 

revocation, unless the applicant can provide 

reasonable assurance that the licensee under 

suspension or revocation will not be 

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

the operation of the business in any way. 

5. Operations. 

A. All emissions inspections must be 

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

this rule. 

B. The inspection of a vehicle shall be 

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

person without a current, valid emissions 

inspector license shall issue an emissions 

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

shall furnish, loan, give, or sell an emissions 

VIR or windshield sticker to any person 

except those entitled to receive it because 

their vehicle has passed the emissions inspection. 

C. If an emissions inspector or an 

emissions inspection station manager or 

owner resigns or is dismissed, the emissions 

inspection station manager or station owner 

shall report these changes to the department 

and the MSHP immediately or within two (2) 

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

an amendment form to inform the department 

and the MSHP of these changes in personnel. 

D. All current manuals, bulletins, or 

other rules issued by the department must be 

read by the station owner or operator and 

each emissions inspector. These resources 

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

by emissions inspectors, department, and 

MSHP staff. 

E. If the department is asked to settle 

a difference of opinion between a vehicle 

owner and an emissions inspection station 

manager or emissions inspector concerning 

the inspection standards and procedures, the 

decisions of the department concerning emissions inspection standards and procedures 

(4/30/09) ROBIN CARNAHAN 

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

B. Emissions inspectors are obligated 

to conduct emissions inspections and reinspections of vehicles during normal business 

hours. 

(I) A vehicle shall be emissions 

inspected within a two (2)-hour period after 

being presented unless other vehicles are 

already being emissions inspected. 

(II) A reinspection must begin 

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

period for reinspections excluding Saturdays, 

Sundays, and state holidays. 

7. Display of inspection station and 

inspector licenses, sign, and poster. 

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

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

certificate shall be framed under clean glass 

or plastic and displayed in a conspicuous 

location discernible to those presenting vehicles for emissions inspections. 

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

emissions inspector with one (1) inspector 

license certificate. The emissions inspector 

licenses must be framed under clean glass or 

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

for emissions inspections. 

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

emissions inspection station one (1) official 

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

the station as an emissions inspection station 

shall be displayed in a location visible to 

motorists driving past the inspection station. 

Additional signs may be purchased for a fee 

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

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

emissions inspection station with one (1) 

poster that informs the public that required 

repairs or corrections need not be made at 

that inspection station. The poster must be 

displayed in a conspicuous location discernible to those presenting vehicles for 

emissions inspections. Additional posters 

ROBIN CARNAHAN 

Secretary of State 

(4130/09) 

tion shall include a facial photograph with 

dimensions of two inches (2 ") in length and 

two inches (2 ") in width. 

2. All vehicle emissions inspectors must 

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

to read and understand documents written in 

English. The emissions inspector written 

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

3. Emissions inspectors must pass a 

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

repairs and the procedures of the emissions 

inspection program. A minimum grade of 

eighty percent (80%) is required to pass the 

written examination or reexamination. 

A. The contractor shall design the 

training material and corresponding written 

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

issuing the training material and written exam 

to potential emissions inspectors. 

B. After emissions inspectors have 

passed the contractor's written exam, if they 

wish to also be licensed to conduct vehicle 

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

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

inspection stations will only have to pass the 

written emissions exam conducted by the 

contractor. 

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

equipment and demonstrate competency to 

either the department or the MSHP while 

performing an emissions inspection on a 

vehicle prior to the issuance of the inspector's 

license. A minimum grade of eighty percent 

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

5. If the applicant meets the requirements of paragraphs (3)(G)l.-(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 

CODE OF STATE REGULATIONS 

er of the station that the inspector is transferring to shall follow the procedures described 

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

emissions inspector's license is transferable 

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

expired. 

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

license issued to him/her shall be suspended. 

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

period of thirty (30) days has elapsed. 

8. An emissions inspector license may 

be renewed before the expiration date or sixty 

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

sixty (60) days before the license renewal 

application is submitted, a reexamination will 

be required. A vehicle emissions inspector 

does not have authority to conduct any 

inspections during the sixty (60)-day grace 

period unless the license has been properly 

renewed. 

(H) Emissions Inspection Procedures. The 

emissions inspection procedure shall meet the 

following requirements: 

1. Every emissions inspection must be 

performed according to the procedures 

described in this rule. Once an emissions 

inspection has begun, it shall be completed 

and shall not be terminated. A vehicle may 

not be passed or failed based upon a partial 

inspection; 

2. A proper and complete emissions 

inspection shall consist of the OBD test 

method described in section (5) of this rule, 

the immediate printing and subsequent 

issuance of a VIR to the motorist, and the 

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

3. All emissions inspection records shall 

be transmitted to the state's contractor as 

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

the MDOR and program oversight by the 

department or the MSHP; 

4. The emissions inspection fees shall be 

charged for each inspection performed as 

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

5. Emissions inspection windshield 

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

37 
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, YIN, 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, YIN, and odometer 

reading. The picture of the license plate, 

YIN, and odometer must match the plate, 

YIN, and odometer reading that is printed on 

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

station provided with the MDAS. 

A. License plate pictures. Pictures of 

the rear license plate shall be of the entire 

rear portion of the vehicle from taillight to 

taillight. If the vehicle license plate is located 

only on the front of the vehicle, then the 

license plate picture shall be of the entire 

front of the vehicle. License plate pictures 

must be clearly legible. 

B. YIN pictures. The camera should 

be set to the macro picture taking mode. YIN 

pictures should be of the dashboard YIN 

plate. It may be helpful to illuminate the YIN 

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

photo at an angle so that the camera flash or 

overhead lights are not reflected by the windshield glass. YIN 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 tum 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 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 

38 

connector of the actual vehicle submitted for 

emissions testing. The connection shall 

remain intact and functioning during the 

entire test procedure. Clean scanning as 

defined in subsection (2)(B) of this rule is 

prohibited. An official inspection, once initiated, should be performed in its entirety 

regardless of immediate outcome, except in 

the case of an invalid test condition or determination by the emissions inspector; 

10. The initial emissions inspection shall 

be performed according to the test method 

described in section (5) of this rule without 

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

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

inspection shall be considered a reinspection 

and are subject to provisions of subsection 

(3)(]) 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)(1) of this rule, the 

emissions inspection station shall issue the 

vehicle owner or driver a passing VIR 

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

certifying that the vehicle has passed the 

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

this rule. The positioning of the windshield 

sticker on the windshield of the vehicle shall 

take place on the premises of the emissions 

inspection station; 

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

this rule, according to the standards 

described in subsection (3)(1) of this rule, the 

emissions inspection station shall provide the 

vehicle owner or driver with a failing VIR 

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

indicates what parts of the OBD test method 

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

of this rule that lists the ten ( 10) nearest 

Missouri Recognized Repair Technicians 

(MRRTs) to the licensed emissions inspection 

station, and a repair data sheet described in 

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

collect emissions repair data for the repair 

facility performance report; 

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

this rule, the vehicle owner shall have the 

CODE OF STATE REGULATIONS 

p

ed by the MDAS software or the emissions 

inspector, the emissions inspection station 

shall provide the vehicle owner or driver with 

the emissions VIR described in subsection 

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

test was aborted. 

(I) Emissions Inspection Standards. 

Subject vehicles shall fail the emissions 

inspection if the vehicle does not meet the 

OBD test standards specified in 40 CFR part 

85, subpart W, section 22(]7. Section 22(]7 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 AprilS, 2001. This rule 

does not incorporate any subsequent amendments or additions to section 22(]7. 

(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 

YIN of the reinspected vehicle matches the 

YIN of the originally inspected vehicle. 

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

time of the reinspection into the MDAS. 

D. The inspector shall take three (3) 

new photographs following the procedure 

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

E. The inspector shall connect the 

OBD cable or wireless transmitter to the data 

link connector of the actual vehicle submitted 

for emissions testing. The connection shall 

remain intact and functioning during the 

entire test procedure. Clean scanning as 

defined in subsection (2)(B) of this rule 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 

(4/30/09) ROBIN CARNAHAN 

Secretary of State 
or purchasers shall be issued a cost-based 

waiver for their vehicle under the following 

conditions: 

A. The subject vehicle has failed the 

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

B. The vehicle has passed the bulb 

check test described in subparagraph 

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

of this rule, the communications test 

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

rule, and the readiness monitor test described 

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

C. The subject vehicle has all of its 

emissions control components correctly 

installed and operating as designed by the 

vehicle manufacturer. 

(I) To the extent practical, the 

department representative shall use the 

MSHP air pollution control device inspection 

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

(II) If the vehicle fails the visual 

inspection described in 11 CSR 50-2.280, 

then the vehicle will be denied a cost-based 

waiver; 

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

application with all required information and 

necessary signatures completed, along with 

all itemized receipts of qualifying repairs. 

The qualifying repairs must meet the requirements of paragraph (3)(1()2. of this rule. The 

itemized receipts must meet the requirements 

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

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

required to make arrangements to bring the 

vehicle to the department or the department's 

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

of a cost-based estimate waiver application; 

and 

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

repairs indicated on the itemized receipts for 

qualifying repairs were made and that the 

parts were repaired/replaced as claimed. 

2. The minimum amount spent on qualifying repairs for cost-based waivers shaliA. Exceed four hundred fifty dollars 

($450) for vehicles not fully repaired solely 

ROBIN CARNAHAN 

Secretary of State 

(4/30/09) 

(I) Oxygen sensors; 

(II) Catalytic converters; 

(III) EGR valves; 

(IV) Evaporative canisters; 

(V) PCV valves; 

(VI) Air pumps; 

(VII) Distributors; 

(VIII) Ignition wires; 

(IX) Coils; 

(X) Spark plugs; and 

(XI) Any hoses, gaskets, belts, 

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

in this subparagraph, the cost of replacing 

such parts will not count towards the waiver 

minimum; 

C. Exceed two hundred dollars ($200) 

for all motorists who provide the department 

representative with reasonable and reliable 

proof that the owner is financially dependent 

on state and federal disability benefits and 

other public assistance programs. The proof 

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

disability and financial assistance with regard 

to personal income. The motorist must also 

submit the appropriate cost-based waiver 

application with their "Financial Eligibility 

Waiver Request"; 

D. Be inclusive of part costs paid by 

motorists performing qualified vehicle 

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

technician. Labor costs shall only be applied 

toward a cost-based waiver if the qualified 

repair work was performed by a Recognized 

Repair Technician; 

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

F. Not include the fee for a safety 

inspection or reinspection; 

G. Not include charges for obtaining 

a written estimate of needed repairs; 

H. Not include the charges for repairs 

necessary for the vehicle to pass a safety 

inspection; 

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

(90) days after the initial emissions inspection 

failure; 

J. Not include expenses that are 

incurred for the repair of: 

CODE OF STATE REGULATIONS 

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 is hereby incorporated by reference in this rule. This rule 

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

enforcement policy: 

(I) The Notice of Proposed 

Enforcement Policy regarding the "Sale and 

Use of Aftermarket Catalytic Converters," 

published on August 5, 1986, by 51 FR 

28114 as published by the Office of the 

Federal Register, U.S. National Archives and 

Records, 700 Pennsylvania Avenue NW, 

Washington, DC 20408; 

(II) The publication "What You 

Should Know About Using, Installing Or 

Buying Aftermarket Catalytic Converters" 

published in September 2000 by the U.S. 

Environmental Protection Agency (EPA), 

Office of Air and Radiation, Office of 

Transportation and Air Quality, 1200 

Pennsylvania Avenue NW, Washington, DC 

20460; and 

(III) The letter "Sale and Use of 

Aftermarket Catalytic Converters for 

Vehicles Equipped with On-Board Diagnostic 

(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 

39 
ness monitors or in any way bypass or compromise the vehicle manufacturer's emissions 

control system; and 

N. Not include costs for emissions 

repairs or adjustments covered by a vehicle 

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

period of eight (8) years or eighty thousand 

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

repair costs covered by warranty, insurance, 

or maintenance agreements shall be separated 

from other emissions repair costs and shall 

not be applied toward the cost-based waiver 

minimum amount. The operator of a vehicle 

within the statutory age and mileage coverage 

under subsection 207(b) of the federal Clean 

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

from the manufacturer or authorized dealer in 

order for this provision to be waived. 

3. The vehicle operator shall present the 

original of all itemized repair receipts to the 

department representative to demonstrate 

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

rule. The itemized repair receipt(s) shaliA. Include the name, physical 

address, and phone number of the repair 

facility and the model year, make, model, and 

YIN of the vehicle being repaired; 

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

failed an emissions inspection; 

C. Describe the emissions repair(s) 

that were indicated by the diagnostic test(s); 

D. Document the emissions repairs 

performed were authorized by the vehicle 

owner or operator; 

E. Describe the emissions repairs that 

were performed by the repair technician or 

vehicle owner; 

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

documentation that the EPA's AMCC 

enforcement policy requires of the catalytic 

converter retail seller, vehicle owner and/or 

installer. Catalytic converter replacements 

will only be accepted towards a cost-based 

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

OBD test with at least one (1) catalytic converter rrrc (P0420-P0439) as recorded on a 

failing VIR described in subsection (4)(B) of 

this rule. 

G. Describe the vehicle part(s) and 

40 

system is now operating as it was designed to 

operate by the manufacturer; 

J. Clearly list the labor costs, if the 

vehicle was repaired by a repair technician, 

and the part(s) costs separately for each 

repair item; 

K. Include the repair technician's 

name (printed or typed), signature and, if 

applicable, the unique identification number 

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

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

and/or parts replaced as listed on the itemized 

repair receipt(s). 

4. Cost-based estimate waivers. Vehicles 

shall be issued a cost-based estimate waiver 

under the following conditions: 

A. The subject vehicle has failed the 

initial emissions inspection or reinspection 

after repair(s) with a single rrrc. 

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 estitnate waiver during a previous biennial inspection cycle for the same single IITC; 

D. The vehicle owner has paid for a 

diagnostic test of that rrrc 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 estitnate; and 

E. The diagnostic test results and 

parts required for the repair of the single rrrc 

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 

CODE OF STATE REGULATIONS 

sticker to be affixed to the vehicle by the 

vehicle owner. The windshield sticker shall 

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

of this rule. 

6. The contractor shall provide the 

means to issue cost-based waivers, VIRs, and 

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

required by the contract. 

7. Out-of-area exemptions. Provided the 

vehicle owner or driver submits a completed, 

signed out-of-area affidavit to the department 

indicating that the vehicle will be operated 

exclusively in an area of the state not subject 

to the inspection requirements of sections 

643.300 to 643.355, RSMo, for the next 

twenty-four (24) months, the department 

shall issue an emissions inspection VIR, with 

an indicator to show that the vehicle has 

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

shall be affixed to the subject vehicle. 

8. Reciprocity waivers. Provided the 

vehicle owner or driver presents proof, 

acceptable to the department, that the subject 

vehicle has successfully passed an OBD 

emissions inspection in another state within 

the previous sixty (60) calendar days, the 

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

vehicle has received a reciprocity waiver to 

the vehicle owner or driver, and a windshield 

sticker shall be affixed to the subject vehicle. 

A. Reciprocity waivers shall be issued 

if the motorist submits proof of a passing 

OBD emissions inspection from one (1) of 

the following states: Alaska, Arizona, 

Connecticut, Delaware, District of Columbia, 

Georgia, Illinois, Louisiana, Maine, 

Massachusetts, Maryland, Nevada, New 

Hampshire, New Jersey, New York, North 

Carolina, Ohio, Oregon, Pennsylvania, 

Tennessee unless tested in Shelby County 

(Memphis), Rhode Island, Texas, Utah, 

Vermont, Virginia, Washington, and 

Wisconsin. 

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

the reciprocity waiver shall not be granted. 

9. Mileage exemptions. Provided the 

vehicle owner or driver submits the required 

information described in subsection (4)(H) of 

this rule, the department or the MDAS shall 

issue an emissions inspection VIR, with an 

indicator to show that the vehicle has 

(4130/09) ROBIN CARNAHAN 

Secretary of State 
exemption to the vehicle owner or driver. 

11. The contractor shall provide the 

means to issue out-of-area, reciprocity, 

mileage, and GVWR waivers, exemptions, 

and VIRs, from either the department's 

offices or from a portable solution as 

required by the contract. 

(L) Quality Control Requirements. 

1. Quality control for the contractor(s). 

The department shall appoint entities under 

contractual agreement with the department to 

facilitate the operating of decentralized emissions inspection stations that will conduct 

vehicle emissions for the purpose of reducing 

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

2. Quality control for emissions inspection stations. 

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

way that it satisfies the intent of the vehicle 

emissions inspection program, which is to 

accurately identify the vehicles that fail to 

meet the OBD emissions test standards so 

that these vehicles may be effectively 

repaired. 

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

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

considered a violation of this rule and will 

result in the penalties described in paragraphs 

(3)(N)2.-(3)(N)5. of this rule. 

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

vehicles that are being inspected. 

3. Quality control for emissions inspectors. 

A. The contractor shall provide to the 

department an education and training plan, to 

be approved by the department prior to 

implementation, for licensed emissions 

inspectors. Inspectors shall not be licensed 

unless they have passed all training requirements. 

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

considered a violation of this rule and will 

result in the penalties described in paragraphs 

(3)(N)2.-(3)(N)5. of this rule. 

C. As specified in the contract, the 

contractor shall maintain for the department 

an electronic database of licensed emissions 

inspector information that, at a minimum, 

includes the inspector's name, unique identiROBIN CARNAHAN 

Secretary of State 

(4/30/09) 

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

by the contractor. 

B. The contractor shall make available 

all records and information requested by the 

department and shall fully cooperate with the 

department, MSHP, and other state agency 

representatives who are authorized to conduct 

audits and other quality assurance procedures. 

C. The contractor shall maintain 

emissions inspection records, including all 

inspection results and repair information. 

(I) These records shall be kept 

readily available to the department and the 

MSHP for at least three (3) years after the 

date of an initial emissions inspection. 

(II) These records shall be made 

available to the department and the MSHP on 

a real time continual basis through the use of 

the contractor's VID as specified in the contract. 

(Ill) These records shall also be 

made available immediately upon request for 

review by department and MSHP personnel. 

5. Quality control for all emissions 

inspection equipment. 

A. At a minimum, the practices 

described in this section and in the contract 

shall be followed. 

B. Preventive maintenance on all 

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

the contract between the department and the 

contractor and consistent with the EPA's and 

the equipment manufacturer's requirements. 

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

quality control check information, lockouts, 

attempted tampering, and any circumstances 

which require a service representative to 

work on the equipment. 

D. To assure test accuracy, equipment 

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

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

The emissions inspection equipment shall 

transmit the quality control results to the 

department's contractor as prescribed in the 

contract between the department and the contractor. 

(M) Vehicle Registration. After a subject 

CODE OF STATE REGULATIONS 

registration and compliance enforcement. 

Paper VIRs may not be used for registration 

purposes, unless the contractor's real time 

vehicle inspection database is not providing 

inspection information to the MDOR on a 

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

authorization, the use of the paper VIRs by 

the MDOR and/or its contract offices. 

(N) Violations and Penalties. 

1. Criminal penalties. Persons violating 

this rule shall be subject to the criminal 

penalties contained in 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 inspect, 

repair, service, or maintain motor vehicle 

emissions components and equipment, 

including submitting known high emission 

vehicles with known defects for inspection 

and repair without prior disclosure to the 

repair facility. Failure to comply with the 

emissions inspection law or the emissions 

inspection rule will subject the emissions 

inspection station manager and emissions 

inspector(s) to one 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 (3)(N)5. of this rule; 

E. The department's refusal to accept 

repair receipts from an inspection station or 

repair facility for the purpose of issuing costbased waivers; 

F. The department's revocation of 

Recognized Repair Technician status if the 

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

merchandising practices according to subsection 643.330.4, RSMo; 

41 
investigation and/or criminal and civil penalties by the U.S. Environmental Protection 

Agency. 

3. Lockouts. The department or MSHP 

may electronically lockout any emissions 

inspector, station, MRRT, or equipment if the 

department or MSHP identifies any irregularities within the emissions inspection 

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

may precede warnings, license suspensions or 

revocations, or arrests. The state's contractor 

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

out by the department or MSHP. Lockouts 

shall prevent the perfonning 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; 

E. Performing more inspections than 

are physically possible for a given time duration; 

F. Performing emissions inspections 

using another emissions inspector's fingerprint or pass..wrd; 

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-

(1) 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; or 

42 

AMCC enforcement policy, which is incorporated by reference in subparagraph 

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

K. Installing or assisting motorists 

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

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

this rule; 

M. Failure to upload the emissions 

inspection results to the VID immediately 

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

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

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

0. 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)(0)4. of this rule; 

P. Failure to download and install the 

latest version of lane software to the MDAS; 

and 

Q. Failure to maintain dedicated data 

transmission capabilities for the emissions 

inspection equipment to stay online with the 

contractor's VID. 

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

this rule or that anyone's procedural violation 

involved gross negligence of this rule, they 

are subject to a fine, and such fine shall be not 

less than five (5) times the amount of the fee 

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

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

inspection station license or emissions 

inspector license is suspended or revoked by 

the department or the MSHP, the holder will 

be notified, either in writing by certified mail 

or by personal service at the station's address 

of record, and given the opportunity to have 

an administrative hearing as provided by section 643.320.3, RSMo. 

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

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

not more than one ( 1) year. 

B. Revocation of emissions inspection 

station and/or inspector licenses shall be for 

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

CODE OF STATE REGULATIONS 

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

the ozone nonattainment area is a violation of 

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

may result in the penalties described in the 

federal Clean Air Act section 205(a) (42 

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

A. Any manufacturer or new vehicle 

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

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

Air Act shall be subject to a civil penalty of 

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

December 11, 2008, by 73 FR 75340 by the 

Office of the Federal Register, U.S. National 

Archives and Records, 700 Pennsylvania 

Avenue NW, Washington, DC 20408 which is 

hereby incorporated by reference in this rule. 

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

register. Any violation of section 

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

shall constitute a separate offense with 

respect to each motor vehicle or motor vehicle engine. 

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

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

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

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

not more than three thousand seven hundred 

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

December 11, 2008 by 73 FR 75340, which 

is incorporated by reference in paragraph 

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

shall constitute a separate offense with 

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

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

constitute a separate offense with respect to 

each part or component. 

(4) Reporting and Record Keeping. 

(A) Passing Vehicles. . 

1. The VIR for the passing vehicle shall 

include: 

A. A vehicle description, including 

the license plate number at the time of 

inspection, VIN, vehicle make, vehicle 

model, vehicle model year, fuel type, GVWR 

range, odometer reading at the time of the 

(4/30/09) ROBIN CARNAHAN 

Secretary of State 
g 

p

q

number and location of the inspection station, 

and the unique identification number of the 

inspection equipment; 

D. The applicable inspection standards; 

E. The passing OBD test results; 

F. The results of the recall provisions 

check, if applicable, including the recall campaign; 

G. A statement that the emissions 

inspection was performed in accordance with 

this state regulation; 

H. A waiver indicator, if applicable; 

I. An off-line test indicator if the 

MDAS was not connected to the VID when 

the inspection was performed; 

J. The statement: "This inspection is 

mandated by your United States Congress"; 

and 

K. A statement that the results have 

been transmitted directly to the MDOR, and 

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

2. The windshield sticker for the passing 

vehicle shaiiA. Be affixed on the inside of the 

vehicle's front windshield in the lower left 

hand corner by the emissions inspector for 

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

each vehicle that has been issued a waiver. A 

windshield sticker affixed to a vehicle that 

has been issued a waiver shall have a waiver 

indicator clearly visible on the sticker. 

Previous windshield stickers affixed to the 

windshield shall be removed; 

B. Be as fraud resistant as required by 

the contract between the department and the 

contractor; 

C. Be valid until the next emissions 

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

D. Contain the statement: "This 

inspection is mandated by your United States 

Congress." 

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

1. A vehicle description, including the 

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

vehicle model year, fuel type, GVWR range, 

odometer reading at the time of the vehicle 's 

OBD test, county of registration, and the 

ROBIN CARNAHAN 

Secretary of State 

(4/30/09) 

q

p

tion 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 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; 

6. The results of the recall provisions 

check, if applicable, including the recall campaign; 

7. A statement that the emissions 

inspection was performed in accordance with 

this state regulation; 

8. The statement: "This inspection is 

mandated by your United States Congress"; 

9. A statement that the vehicle may be 

reinspected for free according to paragraph 

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

10. An off-line test indicator if the 

MDAS was not connected to the VID when 

the inspection was performed; 

11. If the vehicle fails the DLC test 

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

rule, the DLC failure reason as determined 

by the emissions inspector; and 

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

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

(C) Repair Facility Performance Report. 

The repair facility performance report shall 

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

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

performance report shall, at a minimum, list 

the ten ( 10) facilities employing at least one 

(1) Recognized Repair Technician that are 

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

inspection station employs at least one (1) 

Recognized Repair Technician, the repair 

facility performance report shall include the 

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

l. The name of each facility, address, 

and phone number; 

CODE OF STATE REGULATIONS 

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

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

(D) Repair Data Sheet. The repair data 

sheet shall be printed by the MDAS for each 

failing vehicle and provided by the inspection 

station to the motorist. The information on 

repair data sheets shall be collected and 

entered by emissions inspectors into the 

MDAS as described in subparagraph 

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

the repair facility performance report 

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

The information to be collected shall include, 

but not be limited to, the following: 

1. The total cost of repairs, divided into 

parts and labor; 

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

Recognized Repair Technician's identification number; 

3. The name of the repair facility and, if 

applicable, the repair business's inspection 

station number and/or the MRRI' facility's 

identification number; and 

4. The inspection failure the vehicle was 

being repaired for and the emissions-related 

repairs performed. 

(E) Motorist Comment R>rm. Inspection 

stations may print motorist comment forms 

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

The motorist comment form shall include the 

telephone numbers of the department and the 

MSHP and the complete mailing address 

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

number, fax number, and website of the contractor. 

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

must be made within twenty (20) business 

days of the failing emissions inspection. 

2. Any challenge regarding the results or 

effectiveness of the repairs made by either 

licensed emissions inspection stations or 

Missouri Recognized Repair Technicians 

must be made within twenty (20) business 

days of the date of vehicle repair. 

(F) Cost-Based Waivers. 

1. The cost-based waiver VIR shall 

include: 

A. A vehicle description, including 

the license plate number at the time of 

43 
B. The amount of money accepted by 

the department toward the cost-based waiver 

and the date and time that the cost-based 

waiver is issued; 

C. The unique identification number 

of the department staff issuing the cost-based 

waiver, the location of the department staff 

person issuing the cost-based waiver, and the 

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

waiver; 

D. A statement that the results have 

been transmitted directly to the MDOR, and 

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

E. The statement: "This inspection is 

mandated by your United States Congress." 

2. The front of the cost-based waiver 

windshield sticker shaiiA. Be affixed on the inside of the 

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

Previous windshield stickers affixed to the 

windshield shall be removed; 

B. Be as fraud resistant as required by 

the contract between the department and the 

contractor; 

C. Be valid until the next emissions 

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

D. Contain the statement: "This 

inspection is mandated by your United States 

Congress." 

(G) Reciprocity Waivers. 

1. The reciprocity waiver VIR shall 

include: 

A. A vehicle description, including 

the license plate number at the time of 

inspection, VIN, vehicle make, vehicle 

model, vehicle model year, fuel type, GVWR 

range, odometer reading at the time of the 

vehicle's passing the OBD test, county of 

registration, and the complete name and 

address of the vehicle owner; 

B. The reciprocity waiver determination; 

C. The date and time that the 

reciprocity waiver is issued; 

D. The unique identification number 

of the department staff person issuing the 

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

to issue the reciprocity waiver; 

44 

p

mandated by your United States Congress." 

2. The reciprocity waiver windshield 

sticker shaiiA. Be affixed on the inside of the 

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

Previous windshield stickers affixed to the 

windshield shall be removed; 

B. Be as fraud resistant as required by 

the contract between the department and the 

contractor; 

C. Be valid until the next emissions 

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

D. Contain the statement: "This 

inspection is mandated by your United States 

Congress." 

(H) Mileage-Based Emissions-Exempt 

Vehicles. The VIR for the mileage-based 

emissions-exempt vehicle shall include: 

1. A vehicle description, including the 

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

vehicle model year, fuel type, GVWR range, 

odometer reading at the time of the most 

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

address, city, and zip code) of the vehicle 

owner; 

2. The date that the exemption is applied 

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

3. The unique identification number of 

the licensed emissions inspector performing 

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

station, and the unique identification number 

of the inspection equipment; 

4. The type of mileage exemption, as 

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

of this rule; 

5. A statement that the results have been 

transmitted directly to the MDOR, and that 

the paper VIR may not be used for vehicle 

registration purposes; and 

6. The statement: "This inspection is 

mandated by your United States Congress." 

(I) GVWR-Based Emissions-Exempt 

Vehicles. The VIR for the GVWR-based 

emissions-exempt vehicle shall include: 

1. A vehicle description, including the 

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

vehicle model year, fuel type, GVWR range, 

CODE OF STATE REGULATIONS 

sa

ety 

spect

o

du

g w

c

t

e 

ce

sed 

inspector verified that the vehicle had a 

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

3. The unique identification number of 

the licensed emissions inspector performing the safety inspection, the unique identification number and location of the inspection 

station, and the unique identification number 

of the inspection equipment; 

4. The GVWR exemption determination; 

5. A statement that the results have been 

transmitted directly to the MDOR, and that 

the paper VIR may not be used for vehicle 

registration purposes; and 

6. The statement: "This inspection is 

mandated by your United States Congress." 

(J) Out-of-Area Emissions-Exempt 

Vehicles. The out-of-area waiver VIR shall 

include: 

1. A vehicle description, including the 

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

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

of the vehicle owner; 

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

exemption is issued; 

3. The unique identification number of 

the department staff person issuing the outof-area waiver, the unique identification number and location of the department staff person, and the unique identification number of the inspection equipment used to issue the 

out-of-area waiver; 

4. The county where the vehicle is being 

operated; 

5. A statement that the results have been 

transmitted directly to the MDOR, and that 

the paper VIR may not be used for vehicle 

registration purposes; and 

6. The statement: "This inspection is 

mandated by your United States Congress." 

(K) Aborted Emissions Inspections. The 

aborted emissions VIR shall include: 

1. A vehicle description, including the 

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

vehicle model year, fuel type, GVWR range, 

odometer reading at the time of the most 

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

address, city, and zip code) of the vehicle 

owner; 

(4/30/09) ROBIN CARNAHAN 

Secretary of State 
p

q

p

; 

4. The aborted test result; and 

5. The statement: "This inspection is 

mandated by your United States Congress." 

(L) Beginning January 1, 2008, using a 

method provided by the contractor, federal, 

state, and local government agencies shall 

submit a list of vehicles, by VIN, that are 

operated by the government agencies and that are required to be inspected during each calendar year. Submittals are due by February 1 

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

submitted to the contractor by the following 

business day. The contractor will audit these 

submittals by comparing the list of submitted 

vehicles to the database of inspected vehicles to track government fleet compliance. The 

contractor shall provide the department with 

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

(5) Test Methods. 

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

defined in subsection (2)(V) of this rule, 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 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. 

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 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 is illuminated while the key is 

in the on position and the engine is running 

(KOER). 

ROBIN CARNAHAN 

Secretary of State 

(4/30/09) 

3. Data link connector and 

Communications tests. 

A. Data link connector test. Vehicles 

will fail the data link connector portion of the 

OBD test if the DLC is inaccessible due to 

manufacturer design, tampered with, 

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

this failure in the MDAS for printing on the 

emissions VIR. 

B. Communications test. Vehicles will 

fail the communications portion of the OBD 

test if the vehicle does not maintain sufficient 

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

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

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

that a valid communications failure exists by 

using the MDAS OBD verification tool to 

verify the communication failure according to the lane software procedures. 

(II) If the OBD verification tool 

determines that the equipment is not capable of communicating with the vehicle, the 

MDAS shall automatically abort the OBD 

test and generate the emissions VIR 

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

(Ill) 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 OBI? 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 

(5)(B)3.A. and (5)(B)3.B. of this rule, shall 

not be eligible for cost-based or estimatebased 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 

CODE OF STATE REGULATIONS 

p

the OBD test with a catalytic converter DTC 

(P0420-P0439) present must have the catalyst 

monitor reset to pass the readiness monitor 

portion of the OBD retest. 

D. Gasoline-powered vehicles will 

fail the readiness monitor portion of the OBD 

test if the following non-continuous monitors 

are not supported: 

(I) Oxygen sensor; and 

(II) Catalyst. 

E. Vehicles that are on the readiness 

exemption table maintained by the contractor 

and authorized by the department shall be 

exempt from the readiness monitor portion of 

the OBD test. 

F. Vehicles that fail the readiness 

monitor portion of the OBD test shall fail the 

OBD test. Vehicles must pass the readiness 

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

G. Repairs made to correct failures 

for readiness monitor tampering caused by 

the installation of aftermarket components 

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

5. Diagnostic trouble code test. 

A. Vehicles will fail the diagnostic 

trouble code test if the OBD system has 

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

non-historic) DTC that commands the malfunction indicator light 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)(1) of this rule and 

all of the OBD test procedures described in 

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

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

(D) If the subject vehicle fails the OBD test 

according to the OBD test standards specified 

in subsection (3)(1) of this rule or any of the 

OBD test procedures described in section (5) of this rule, then the procedures in paragraphs 

45 
Filed Oct. 1, 2008, effective May 30, 2009. 

•Original aUJhoriry: 643.310, RSMo /994, ~nded /998, /999, 2003, 2006. 

0 CSR 10-5.385 Control of Heavy Du 

·esel Vehicle Idling Emissions 

OSE: The purpose of this rulemakin is 

plement restrictions on the idlin of 

duty diesel vehicles in the St. uis 

Ozon Nonattainment Area. The ev' ence 

suppo 'ng the need for this propose rulemaking per section 536.016, RSMo is the 

federall approved 2007 Revision of e State 

lmpleme arion Plan for the St. is Eight 

(B)-Hour zone Nonattainment Ar; a. 

ise. 

Gross Vehicle Weight 

(GY. )-The value specified by the anufac rer as the maximum design lo ded 

w ght of a single vehicle. 

(D) Heavy Duty Diesel Vehicle-A veh le 

at1. Has a gross vehicle weight rati 

46 

where the gine is not engaged in gear. 

(F) Instl tiona! Vehicles-Any motor 

vehicle, othe than a passenger vehicle, and 

any trailer, se 'trailer, or pole trailer drawn 

by such a mot vehicle, that is designed, 

used, and maintai d for the transportation of 

persons or prope for an establishment, 

foundation, society, the like, devoted to the 

promotion of a partie ar cause or program 

especially one of a p lie, educational, or 

charitable character. 

(G) Load/Unload Loca · ns-Distribution 

centers, warehouses, retail stores, railroad 

facilities, ports, and any o r sites where 

heavy duty diesel vehicles y idle their 

engines while waiting to load or nload. 

(H) Passenger Vehicle-Every otor vehicle, except motorcycles, motor-dri n cycles, 

and ambulances, designed for car 'ng ten 

( 10) passengers or less and used for th transportation of persons. 

(I) Public Vehicles-Any motor veh le, 

other than a passenger vehicle, and any · 

er, semitrailer, or pole trailer drawn by sue 

a motor vehicle, which is designed, used, and 

maintained for the transportation of persons 

or property at the public expense and under. 

public control. 

(J) Definitions of certain terms specifi 

this rule, other than those defined in thi le 

section, may be found in 10 CSR 10-6 20. 

(3) General Provisions. 

(A) Passenger load/unload loc No 

passenger load/unload locatio owner or 

operator shall cause or allow ve tcles covered 

by this rule to idle for a peri greater than 

five (5) minutes in any s· ty (60)-minute 

period. 

(B) Requirement for eavy duty diesel 

vehicles. No owner/o tor of a heavy duty 

diesel vehicle covered y this rule shall idle 

the vehicle for more an five (5) minutes in 

any sixty (60)-min e period except as noted 

in subsection (3){ of this rule. 

(C) Exempt i ing activities. The following activities exempt from 10 CSR 10-

5.385: 

l. A avy duty diesel vehicle idling 

while fore to remain motionless because of 

road tra c, an official traffic control device 

, or at the direction of a law enforcetcial; 

A heavy duty diesel vehicle idling 

w n operating defrosters, heaters, air conditi ners, safety lights, or other equipment 

olely to prevent a safety or health emergenCODE OF STATE REGULATIONS 

convenience of the vehicle operato 

4. The primary propulsion e ine idling 

for maintenance, servicing, airing, or 

diagnostic purposes if idling i ecessary for 

such activity or if idling the primary 

propulsion engine is bei conducted in 

accordance with the man facturer's recommendations; 

5. A heavy duty d' sel vehicle idling as 

part of a state or fede inspection to verify 

that all equipment i m good working order, 

provided idling is required as part of the 

inspection; 

6. A pri propulsion engine idling 

when necess to power work related 

mechanical o electrical operations other than 

propulsion .g., mixing, operating hydraulic 

lifts, pro ssing cargo, or straight truck 

refrigera on). This exemption does not apply 

when i ing for cabin comfort or to operate 

non-e ntial on-board equipment; 

. An armored vehicle idling when a 

pe on remains inside the vehicle to guard the 

c tents, or while the vehicle is being loaded 

r unloaded; 

8. A bus idling for no greater than fifeen (15) minutes in any sixty (60)-minute 

riod to maintain passenger comfort while 

no -driver passengers are onboard; 

9. An occupied heavy duty diesel vehicle 'th a sleeper berth compartment idling 

for pu ses of air conditioning or heating 

during emment mandated rest periods; 

10. heavy duty diesel vehicle idling 

due to mec ·cal difficulties over which the 

driver has n control; 

11. Hea duty diesel vehicles used 

exclusively fo agricultural operations and 

only incidental! operated or moved upon 

public roads; 

12. Operating 

an alternative to idli 

13. A heavy du diesel vehicle idling 

for no greater than thirt (30) minutes in any 

sixty (60)-minute period ile waiting to load 

or unload at a freight loa nload location. 

(4) Reporting and Record (Not 

Applicable) 

(5) Test Methods. 

AUTHORITY: section 643.050, RS. 

Original rule filed July 11. 2008, 

Feb. 28, 2009. 

Original authority: 643.050, RSMo 1965, amended I 

1992, 1993, /995. 

(4/30/09) ROBIN CARNAHAN 

Secretary of State 
_;,A.~7~-1-}-L/.....::~ ... =======---'' Chairman 

~}/ 

lfc~l , Vice-Chairman t~o....-........ ,..~---""' ..,..,£ ..,..<-::::.::;_.___,.,'V..,_____._ Member ry~ --- _/~co~ .___- - / ____ ~ __ v-_~--~-~~~--~~~I ~--------------IMember ---~'~1-~

-----------------'Member 

_______________________________ ,Member ------------

----------------~-

,Member 
Currently, specially constructed vehicles (including 

kit

 cars) are being exempted. This 

amendment clarifies this current practice. As indicated below, knowledge gained under the 

prior Gateway Clean Air Program (GCAP) shows that emission impacts for these types of 

vehicles would be negligible. The past records for the GCAP list that 109 kit car exemptions 

were given between April2000 and September 2007. The emissions from kit cars is 

negligible when compared to the total population of vehicles tested in that time frame (over 

5,933,561 vehicles tested). In addition, experience with kit cars and specially constructed 

vehicles during the GCAP program indicated that most kit cars are driven very few miles due 

to their construction and intended limited road and off-road use. 

The Gateway Vehicle Inspection Program will continue to meet all of the basic inspection 

and maintenance requirements described in 40 CFR Part 51 Subpart S as submitted in the 

demonstration in December, 2008 which includes the supporting technical analysis showing 

the emissions factor comparison. The margin shown in the comparison is such that the 

neglible increase in emissions would be well within the margin. 
Class.: 9700 

Start Date: 11/06/2008 

PO#: 

maggiew@newstribune.com 

Public Notices 

End Date: 

Fax: (573) 634-7433 

11/06/2008 Nb. of 1 

Printed By: MAGGIE 

Publications: News Tribune Paid Amount: $0.00 

Total Price: 

Balance: 

1$263.00 

--+ MISSOURI AIR CONSERVATION 

COMMISSION 

WILL HOLD PUBUC HEARING 

JEFFERSON CITY, MO - The Missouri Air Conservation Commission 

will hold a public hearing on More 

Restrictive Emission Umltatlons for 

Particulate Matter In the South Sl 

Louis Area, Restriction of Emission of 

Parllculate Matter from Industrial Processes, On-Board Diagnostics Motor 

Vehicle Emissions Inspection, 

Construction PermH Exemptions, and 

the 2008 Eight-Hour Ozone Standard 

Boundary Recommendation on 

Thursday, December 4, 2008. The 

Public Hearing will begin at 9 am. at 

the Governor Office Building, 200 

Madison Street, Jefferson CHy, Missouri. The commission will hear 

testimony related to the following 

Hem(s). 

• 10 CSR 10-5.290 (rescission) More 

Restrictive Emission UmHatlons for 

Particulate Matter In the South St 

Louis Area 

This proposed rescission will remove 

an obsolete regulation that applies to 

a specific area In South St Louis. 

This rule applied specfficatly to the 

operating condHions and the 

compliance schedule of by-product 

coke ovens located at 526 East 

C&talan Sl The location of the coke 

ovens which Is referenced has been 

out of business and Inoperable since 

1988. The rule atso set requirements 

for the restriction of fugitive 

parllculates In the South St Louis 

area, which Is redundant to the statewide fugitive dust rule 10 CSR 

10-6.170. By removing this outdated 

rule, the Code of State Regulations 

will become less confusing and 

cumbersome. 

• 10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate 

Matter from Industrial Processes 

The proposed amendment will add 

new exemptions to the rule for 

coating operations, units subject to a 

-fore stringent standard, and units 

$263.00 

Page 1 of 3 
State Highway Patrol, who is involved 

in the oversight of 

the emissions inspection stations. 

This amendment will also define and 

exempt specially constructed 

vehicles (Including kit-cars) to make 

the rule consistent with current 

practices. 

• 10 CSR 10-6.061 (amendment) 

Construction Permit Exemptions 

This proposed rule amendment will 

add an exemption from construction 

permits for the construction of 

temporary storage structures 

throughout the state of Missouri that 

occur as a result of exceptional 

events (e.g. natural disasters or abundant harvests exceeding 

available storage capacity). 

• 2008 Bghi-Hour Ozone Standard 

Boundary Recommendation 

On March 12, 2008, the United States 

Environmental Protection Agency 

(EPA) released a new 8-hour ozone 

standard. Release of this standard 

started a time clock with a deadline 

of March 19, 2009 for the governor of 

the State of Missouri to submit a 

recommendation as to which areas of 

the state should be designated nonattainment (not meeting_ the 

standard) for the new ozone 

standard. Under the new ozone 

standard, an area is designated nonattainment if its three year design 

value is greater than 75 parts per 

billion. 

Documents for the above item(s) will 

be available for review at the Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson 

City, 

{573) 751-4817 and in the Public 

Notices section of the program web 

site www.dnr.mo.gov/env/apcp/index.htrnl. 

Persons with disabilities requiring 

special services or accommodations 

to attend the meeting can make 

arrangements by calling the department directly at (573) 526-4679, the 

departmenrs toll free number at 

(BOO) 334-6946, 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. 

The commission holds public 

hearings under the provisions of 

chapter 643, RSMo. 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) 526-4679. The department re-

-fuests persons intending to give 
and. email comments and public 

hearing testimony will be equally 

considered. 

Public hearing Items may be adopted 

by the Missouri Air Conserva,tion 

Commission as provided for under 

authority of 643.050, RSMo. For 

more Information or a complete 

meeting agenda, Including Items 

being presented for adoption, 

·contact lhe Missouri Department of 

Natural Resources' Air Pollution 

Control Program at (573) 751...CS17. -f.T. Nov. 6: 2008 T 

·

. 
Public Hearing 

6 

7 

8 

9 

Governor's Office Building 

Room 450 

200 Madison Street 

Jefferson City, Missouri 

December 4, 2008 

10 COMMISSION MEMBERS PRESENT: 

11 Mark Fohey, Chairman 

Jack Baker 

12 Kevin Rosenbohm 

Mark Garnett 

13 

14 

15 

16 

17 

18 

19 

20 

Gary Pendergrass 

Richard Rocha 

Ron Boyer 

21 REPORTED BY: 

Patricia A. Stewart, CCR 401, RMR, RPR 

22 Midwest Litigation Services 

3432 Truman Boulevard, Suite 207 

23 Jefferson City, Missouri 65109 

(573) 636-7551 

24 

25 

. www.midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

. · Phone: 1,800.280.3376 Fax: 314.644.1334 
g 

p

6 Fohey, Jack Baker, Kevin Rosenbohm, Mark Garnett, Gary 

7 Pendergrass, Richard Rocha and Ro n Boyer. 

8 The Air Conservation Commission of the State 

9 of Missouri has called this public hearing pursuant to 

10 Section 643.070, Revised Statutes of Missouri, EPA 

11 promulgated rule 40 CFR 51.102 for the purpose of hearing 

12 testimony relating to: 10 CSR 10-5.290 (rescission) More 

13 Restrictive Emission Limitations for Particulate Matter in 

14 the South St. Louis Area; 10 CSR 10-6.400 (amendment) 

15 Restriction of Emission of Particulate Matter from 

16 Industrial Processes; 10 CSR 10-5.381 (amendment) On-Board 

17 Diagnostics Motor Vehicle Emissions Inspection; 

18 10 CSR 10-6.061 (amendment) Construction Permit 

19 Exemptions; 2008 8-Hour Ozone Standard Boundary 

20 Recommendation. 

21 The hearing record will close at 5:00p.m., 

22 December 11, 2008. 

23 Anyone who has not been scheduled to appear 

24 but who wishes to be heard should indicate that you wish 

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

"vww.midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1:800.280.3376 Fax: 314.644.1334 
I - ") 

I . , 

........ · 

. \ 

5 prevent you from just rescinding the thing. 

6 So the new exemptions are a help and we 

7 certainly appreciate it. 

8 Any questions or comments? 

9 CHAIRMAN FOHEY: Any questions for David? 

10 Thank you. 

11 10 CSR 10-5.381, On - Board Diagnostics Motor 

12 Vehicle Emissions Inspection. 

13 Paul McConnell. 

14 (Mr. McConnell sworn in.) 

15 MR. MCCONNELL: Good morning. My name is 

16 Paul D. McConnell. I am employed with the Air Pollution 

17 Control Program as an environmental engineer. I work at 

18 1659-A East Elm Street in Jefferson City, Missouri. 

19 I am here to present testimony for the 

20 proposed amendment to 10 CSR 10-5.381, On-Board 

21 Diagnostics Motor Vehicle Emissions Inspection. 

22 Rule 10 CSR 10- 5.381 applies to the current 

23 St. Louis ozone nonattainment area, which includes the 

24 City of St. Louis and the Counties of Franklin, Jefferson, 

25 St. Charles and St. Louis. It begins on page 135 of the 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
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 November 3, 

2008 (33 MoReg 1946- 1960). 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 sixteen 

(16) comments on the proposed amendment from five (5) sources: 

Master Auto Repair, Lou Fusz Toyota, Car-Doc Automotive, Al's 

Automotive & Tire, and the U.S. Environmental Protection Agency 

(EPA). 

COMMENT #1: Master Auto Repair commented that allowing 

motor vehicle safety-only inspection stations to perform safety 

inspections on 1996 and newer motor vehicles causes inconveniences 

for the motoring public, and that this situation requires motorists to 

go to two (2) different shops (e.g., Safety only and Gateway Vehicle 

Inspection Program (GVIP) emissions testing) to meet state of 

Missouri requirements for vehicle registration renewal. Master Auto Repair further commented that all 1996 and newer cars should only 

be inspected for emissions and safety at Missouri State Highway 

Patrol (MSHP) licensed GVIP stations. 

RESPONSE: Sections 643.303.2 and 307.360, RSMo, allow 

licensed motor vehicle safety inspection shops that are not participating in the GVIP to perform vehicle safety inspections on 1996 and 

newer model year vehicles that are subject to a safety inspection. 

This emissions rule establishes the requirements to meet these 

statutes. Therefore, no rule language change was made as a result of 

this comment. 

COMMENT #2: Master Auto Repair commented that allowing 

motorists to receive vehicle emissions waivers when repairs exceed 

four hundred fifty dollars ($450) defeats the purpose of a vehicle 

emissions testing program because a vehicle owner is not required to 

repair their vehicle to eliminate a known emissions problem. Master 

Auto Repair also questioned the logic of allowing repair estimates 

exceeding four hundred fifty dollars ($450) to be issued cost-based 

waivers. 

COMMENT #3: Al's Automotive and Tire commented that costbased estimate waiver provisions have been nothing more than a way 

for the low-end used car dealers to bypass the need to sell a car that 

meets emissions standards. If the used car that the dealer sells lasts 

only two (2) years, then the motorist can junk it and buy another one 

(l) that has an estimate-based waiver and the cycle continues. Al's 

Automotive and Tire commented that they have first hand experience 

with such dealers since they have passed safety on cars and the car 

lot doesn't worry about the failed on-board diagnostics (OBD) 

results. While there may be legitimate car owners that are placed 

under a financial hardship to meet the requirements of the emissions 

failure, Al's Automotive and Tire commented that the proposed estimate waiver is not the answer because this rule makes the OBD test 

a waste of time and money. 

COMMENT #4: Lou Fusz Toyota commented that catalytic converters should be removed from the parts list that are eligible for costbased waivers. 

basic programs, a minimum of ... $200 for 1981 and newer vehi

cles shall be spent in order to qualify for a waiver." 

Sections 643.300 to 643.355, RSMo, collectively known as the 

Air Quality Attainment Act, establish Missouri's basic decentralized 

liM program. The GVIP conforms to the federal requirements established by the EPA for states that have areas in violation of the federal Clean Air Act. Specifically, section 643.335.1, RSMo, requires 

that the Missouri Air Conservation Commission (MACC) establish, 

by rule, a repair waiver amount no greater than four hundred fifty 

dollars ($450). Unless this statute is rescinded or amended by the 

Missouri General Assembly, the GVIP must include the cost-based 

waiver provisions of the rule. The total number of cost-based waivers 

issued during the first year of GVIP was less than one (1) percent of 

the failed vehicles, so the GVIP is maximizing program effectiveness 

while still providing some motorist convenience related to expensive 

repairs. 

The proposed amendment added an estimate-based waiver requirement because there are some necessary emissions-related components that cost more than four hundred fifty dollars ($450). If, for 

example, a vehicle fails the OBD test with a catalytic converter diagnostic trouble code (DTC), and needs a new catalytic converter that 

costs six hundred dollars ($600), and the motorist intends to seek a 

waiver, they cannot purchase the converter without exceeding the 

four hundred fifty dollars ($450) spending minimum. The estimatebased waiver allows the motorist to replace the converter within the 

next two (2) years after the waiver is issued. The proposed amendment limits estimate-based waivers to once per single diagnostic trouble code (DTC). Therefore, vehicles cannot qualify for an estimatebased waiver if either a cost-based waiver or a cost-based estimate 

waiver was issued for that vehicle during a previous biennial inspection cycle for the same single DTC. Fewer than twenty-five percent 

(25%) of the cost-based waivers submitted during the first year of the 

GVIP were estimate-based waiver requests. In most estimate-based 

waiver request cases, motorists have repaired several DTCs so that 

the vehicle has only one DTC with an expensive repair remaining, so 

the estimate-based waiver option is providing necessary motorist convenience related to expensive repairs. 

The proposed amendment was silent about whether catalytic converter repairs would be considered eligible for cost-based or estimate-based waivers and should clarify how catalytic converter 

replacements will be considered for repair waivers. While section 

643.335.1, RSMo, does not give the MACC the statutory authority 

to exclude catalytic converter repairs from cost-based and estimatebased waiver consideration, section 643.335.2, RSMo, does give the 

MACC the statutory authority to establish, by rule, a procedure for 

verifying that repair and adjustment was performed on a failing vehicle prior to the granting of a waiver and approval. Therefore, new 

rule language is being added to clarify that catalytic converter repairs 

are accepted for cost-based and estimate-based waivers if the catalytic converter replacements conform to the EPA's Aftermarket 

Catalytic Converter (AMCC) enforcement policy. New rule language 

was also added to clarify that installing or assisting motorists with the 

installation of aftermarket catalytic converters that do not conform to 

the EPA's AMCC enforcement policy is a violation of this rule and 

will lead to enforcement by either the department, the MSHP, or the 

EPA. Finally, new rule language was added so that the regulated community will know what the increased civil penalties for violating the EPA's AMCC enforcement policy are. 
guage. 

COMMENT #5: Master Car Care commented that the state should 

set guidelines on the amount the GVIP vendor, SysTech International 

(STI), can charge for consumable office supplies necessary to participate in the GVIP (e.g., printer paper, printer ink or cartridges, 

labels, etc.). 

COMMENT #6: Car-Doc Automotive commented about the costs of 

consumable office supplies associated with GVIP participation. CarDoc Automotive commented that several of the consumable items can be purchased locally for much less than the amount charged by 

STI and that these unregulated costs cannot be offset by the thirty-six 

dollars ($36) combined safety and emissions inspection and proposed 

that the state establish a fixed cost menu list for consumables. 

RESPONSE: The purchase of consumables is required by the contract between STI and GVIP-participating stations to prevent the 

equipment warranty from being voided by STI. Consumables such as 

toner cartridges or paper are mailed by STI employees or their subcontractors as soon as they are ordered. Replacement hardware components such as printers and digital cameras are delivered and 

installed by STI employees. The department does not have statutory 

authority to set price caps on consumables supplied by STI. 

Therefore, no rule language change was made as a result of this comment. 

COMMENT #7: Car-Doc Automotive commented that the placing of 

a webcam or lane camera on top of the GVIP testing equipment was 

an invasion of privacy. 

RESPONSE: The lane camera was an enhancement offered by STI 

as part of their bid to the state and was not a requirement of the 

Request for Proposal (RFP) issued by the state. The rule amendment 

requires the lane camera to be located in such a manner as to be able 

to allow department and MSHP auditors to watch a vehicle undergoing emissions and/or safety inspections. If state auditors have a reason to activate the camera, the lane cameras will only be activated by 

the state while a state inspection is being performed. The lane cameras will not be activated at any other time. Therefore, no rule language change was made as a result of this comment. 

COMMENT #8: Car-Doc Automotive commented that the state 

should undertake a public education program that would inform 

motorists and law enforcement officials what OBDII readiness monitors are and what is necessary to reset them. 

RESPONSE: Currently, there is an ongoing public education program regarding the GVIP. All public information, including information about readiness monitors and what is necessary to reset them, 

is available on the GVIP web site, www.GatewayVIP.com. Inspection 

and/or repair stations can also provide public information regarding 

readiness monitors to their customers by viewing and/or printing any 

public information they need from the GVIP inspection equipment. 

Therefore, no rule language change was made as a result of this comment. 

COMMENT #9: Car-Doc Automotive commented that the state 

should eliminate the rule requirement for inspection stations to take 

viewable electronic photos of a vehicle's dashboard vehicle identification number (VIN) due to the difficulty of taking viewable photos. 

COMMENT #10: Al's Automotive and Tire commented that VIN 

pictures from the windshield are not practical and will not always be 

technician is not required to clear clutter from the VIN plate and only 

submit the photo as is. 

RESPONSE: The requirement for inspection stations to take viewable digital photos of a vehicle's dashboard VIN is one of several 

intentional design features that helps to maintain the integrity of the GVIP. The photograph must be of the publicly displayed VIN, and 

the VIN plate is the publicly displayed VIN. Without confirmation of 

the vehicle's VIN, the GVIP could be vulnerable to inspection fraud. 

The department and the MSHP frequently review vehicle inspection 

photos, and note that many stations are able to take viewable VIN photos. Both the department and the MSHP believe that this requirement does not impose an undue burden on licensed inspection stations. Therefore, no rule language change was made as a result of this 

comment. 

COMMENT #11: Car-Doc Automotive commented that the excess 

number of pages needed to be printed for failing and retest passing 

tests is wasteful. 

RESPONSE: The department recognizes that the current lane software version prints too many pages of paper and is working with STI 

to rectify this problem. The number of pages printed for failing and 

retested vehicles will be reduced by a lane software upgrade in calendar year 2009. Therefore, no rule language change was made as a result of this comment. 

COMMENT #12: Car-Doc Automotive commented that STI should 

provide online troubleshooting service to inspection stations so shops 

can solve problems via online remote access. 

RESPONSE: Online troubleshooting was not a required or requested feature of the state's RFP. However, STI is required to provide a 

24-hour toll-free hotline with live support from 8 AM to 6 PM 

Central Time and, if the problem cannot be solved by the phone support personnel, an onsite response within an average of four {4) 

hours. The department will continue to monitor STI's response time 

to troubleshooting service calls to ensure contract compliance. No 

rule language change was made as a result of this comment. 

COMMENT #13: Al's Automotive and Tire commented that the 

state either needs to increase the inspection fee to cover the additional printing costs of mileage-based waivers starting October 1, 

2009, or supply the paper and toner necessary to cover the costs of 

this new requirement. 

RESPONSE: Section 643.350.1, RSMo, establishes an emissions 

inspection fee cap of no greater than twenty-four dollars ($24.00). 

Therefore, the emissions inspection fee cannot be raised to cover the 

costs of issuing mileage-based waivers. However, the department 

will work with STI to ensure that mileage-based waivers are printed 

on the same piece of paper as safety inspections so that no additional printing costs will be incurred by licensed inspection stations that 

issue mileage-based exemptions. No rule language change was made 

as a result of this comment. 

COMMENT #14: Al's Automotive and Tire commented that the 

MSHP needs to supply a confirmation either via e-mail to the station 

owner or via Missouri Decentralized Analyzer System (MDAS) message that verifies the credit counts that were added to the MDAS after 

each purchase of safety and emission credits. 

RESPONSE: The department and the MSHP will work with STI to 

develop a way to automatically notify an inspection station owner or 
VID service fee overcharges within sixty (60) days. 

COMMENT #16: The EPA commented that the department must 

provide a narrative describing the effect of the changes on emissions 

and a determination by the department whether the 1/M program continues to meet the liM performance standard. 

RESPONSE: The department will provide a narrative describing the 

effect of the rule amendment on vehicle emissions and a determination of whether the liM program will continue to meet the basic 1/M 

performance standard when this amendment, if adopted by the 

MACC, is submitted to EPA for inclusion in the State 

implementation Plan. No rule language change was made as a result 

of this comment. 

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

Inspection 

(3) General Provisions. 

(D) Emissions Inspection Fees. 

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

more than twenty-four dollars ($24) to the licensed emissions inspection station. The inspection station shall determine the forms of payment accepted. Fleet operators inspecting their own fleet vehicles at 

their own inspection facility are exempt from initial vehicle emissions 

inspection fees. 

2. Vehicle emissions reinspection fee. Each initial vehicle emissions inspection fee shall include one (1) free reinspection, provided 

that the reinspection is conducted within twenty (20) business days of 

the initial emissions inspection at the same inspection station that 

performed the initial inspection. 

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

or driver shall present the previous VIR and the completed repair 

data sheet described in subsection (4)(D) of this rule to the emissions 

inspection station that conducted the initial emissions inspection, 

within twenty (20) business days of the initial emissions inspection. 

The emissions inspector shall return the previous VIR to the vehicle 

owner. 

B. At the emissions inspection station's discretion, reinspections occurring more than twenty (20) business days after the initial 

emissions inspection may be performed upon payment of the initial 

emissions inspection fee to the emissions inspection station. 

C. Fleet operators reinspecting their own fleet vehicles at 

their own inspection facility are exempt from vehicle emissions reinspection fees. 

3. Emissions inspection oversight fee. 

A. Licensed emissions inspection stations shall pre-pay the 

state mu 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 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 VID to credit the number of pre-paid emissions inspections to the licensed emissions inspection station's MDAS. The 

MDAS shall deduct one (1) emissions credit authorization for each 

passing emissions inspection. 

B. Licensed inspection stations are required to maintain a sufficient positive quantity of emissions credits on their analyzer(s) to 

the existing balance of the pre

pa

d 

ees to 

p

tion. The MSHP will then delete all pre-paid emissions inspections 

from the inspection equipment. 

4. Vehicle inspection database (VID) service fee. Licensed 

emissions inspection stations shall pay the contractor three dollars 

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

they perform. The fee shall be made payable to the contractor and 

submitted monthly according to the terms of the contract between the 

contractor and the licensed emissions inspection stations. The contractor shall reimburse any vehicle inspection database (VID) service 

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

date of notification by the emissions inspection station manager. 

(K) Emissions Inspection Waivers and Exemptions. 

l. Cost-based waivers. Vehicle owners or purchasers shall be 

issued a cost-based waiver for their vehicle under the following conditions: 

A. The subject vehicle has failed the initial emissions inspection, has had qualifying repairs, and has failed an emissions reinspection; 

B. The vehicle has passed the bulb check test described in 

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

described in subparagraph (5)(B)3.A. of this rule, the communications test described in subparagraph (5)(B)3 .B. of this rule, and the 

readiness monitor test described in paragraph (5)(B)4. of this rule. 

C. The subject vehicle has all of its emissions control components correctly installed and operating as designed by the vehicle 

manufacturer. 

(I) To the extent practical, the department representative 

shall use the MSHP air pollution control device inspection method 

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

(II) If the vehicle fails the visual inspection described in 11 

CSR 50-2.280, then the vehicle will be denied a cost-based waiver; 

D. The vehicle operator has submitted to the department the 

appropriate waiver application with all required information and necessary signatures completed, along with all itemized receipts of qualifying repairs. The qualifying repairs must meet the requirements of 

paragraph (3)(K)2. of this rule. The itemized receipts must meet the 

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

E. At the discretion of the department, the vehicle owner. or 

operator may be required to make arrangements to bring the vehicle 

to the department or the department's designee for visual verification 

of the vehicle's repairs or estimated repairs in the case of a 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 costbased waivers shallA. 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; 
accessories directly associated with these parts. 

If the emissions failure is not related to the parts listed in this subparagraph, the cost of replacing such parts will not count towards the 

waiver minimum; 

C. Exceed two hundred dollars ($200) for all motorists who 

provide the department representative with reasonable and reliable proof that the owner is financially dependent on state and federal disability benefits and other public assistance programs. The proof shall 

consist of government issued documentation providing explanation of 

the motorist's disability and financial assistance with regard to personal income. The motorist must also submit the appropriate costbased waiver application with their "Financial Eligibility Waiver 

Request"; 

D. Be inclusive of part costs paid by motorists performing 

qualified vehicle repairs by themselves or for qualified emissions 

repair services performed by any repair technician. Labor costs shall 

only be applied toward a cost-based waiver if the qualified repair 

work was performed by a Recognized Repair Technician; 

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

F. Not include the fee for a safety inspection or reinspection; 

G. Not include charges for obtaining a written estimate of 

needed repairs; 

H. Not include the charges for repairs necessary for the vehicle to pass a safety inspection; 

I. Not include costs for repairs performed on the vehicle 

before the initial emissions inspection failure or more than ninety 

(90) days after the initial emissions inspection failure; 

J. Not include expenses that are incurred for the repair of: 

(I) Emissions control devices or data link connectors that 

have been found during either a safety or an emissions inspection to 

be tampered with, rendered inoperative, or removed; 

(II) the MIL; or (Ill) for OBD communications failures; 

K. Not include the state sales tax for the following motor 

vehicle parts that are air pollution control devices: 

(I) Air injection parts, air pumps, check valves, and smog 

pumps; 

(II) Catalytic converters (universal converters, direct fit 

converters, converter kits); 

(III) Exhaust gas recirculation (EGR) valves; 

(IV) Evaporative canisters and canister purge valves; (V) Positive crankcase ventilation (PCV) valves; and (VI) Any vehicle parts that serve the equivalent functions 

of the parts listed in parts (3)(K)2.K.(I)-(3)(K)2.K.(V) of this rule; 

L. Not include costs and expenses associated with aftermarket catalytic converter replacements that do not conform to the EPA's 

Aftermarket Catalytic Converter (AMCC) enforcement policy. The 

EPA's AMCC enforcement policy is hereby incorporated by reference 

in this rule. This rule does not incorporate any subsequent amendments or additions to the EPA's AMCC enforcement policy: 

(I) The Notice of Proposed Enforcement Policy regarding 

the "Sale and Use of Aftermarket Catalytic Converters," published 

on August 5, 1986, by 51 FR 28114 as published by the Office of the 

Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408; 

(II) The publication "What You Should Know About 

Using, Installing Or Buying Aftermarket Catalytic Converters" published in September 2000 by the U.S. Environmental Protection 

M. Not include expenses that are incurred for the restoration 

of the vehicle manufacturer's emissions control system due to the 

installation of sensor simulators, engine control module upgrades, or 

other aftermarket components that disable readiness monitors or in 

any way bypass or compromise the vehicle manufacturer's emissions control system; and 

N. Not include costs for emissions repairs or adjustments 

covered by a vehicle manufacturer's warranty, including the minimum federal catalytic converter warranty period of eight (8) years or 

eighty thousand (80,000) miles, insurance policy, or contractual 

maintenance agreement. The emissions repair costs covered by warranty, insurance, or maintenance agreements shall be separated from 

other emissions repair costs and shall not be applied toward the costbased waiver minimum amount. The operator of a vehicle within the 

statutory age and mileage coverage under subsection 207(b) of the 

federal Clean Air Act shall present a written denial of warranty coverage, with a complete explanation, from the manufacturer or authorized dealer in order for this provision to be waived. 

3. The vehicle operator shall present the original of all itemized 

repair receipts to the department representative to demonstrate compliance with paragraph (3)(1{)2. of this rule. The itemized repair 

receipt(s) shaiiA. Include the name, physical address, and phone number of 

the repair facility and the model year, make, model, and VIN of the 

vehicle being repaired; 

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

reason the vehicle failed an emissions inspection; 

C. Describe the emissions repair(s) that were indicated by the 

diagnostic test(s); 

D. Document the emissions repairs performed were authorized by the vehicle owner or operator; 

E. Describe the emissions repairs that were performed by the 

repair technician or vehicle owner; 

F. For catalytic converter replacements, include as a separate 

attachment the documentation that the EPA's AMCC enforcement 

policy requires of the catalytic converter retail seller, vehicle owner 

and/or installer. Catalytic converter replacements will only be accepted towards a cost-based waiver if they are installed on gasoline-powered vehicles that have failed the most recent OBD test with at least one (l) catalytic converter IJfC (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 fmanced 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: 
D. The vehicle owner has paid for a diagnostic test of that 

DTC by a Recognized Repair Technician or a vehicle repair business 

that specializes in a particular make of vehicle or type of repair (e.g., 

transmission repairs), with the items tested and the results described 

on the repair estimate; and 

E. The diagnostic test results and parts required for the repair 

of the single DTC are documented by the shop to exceed four hundred fifty dollars ($450). 

5. The department reserves the right to investigate all cost-based 

waiver requests and submitted receipts. Cost-based waiver requests 

with incomplete information and/or receipts that do not identify the 

vehicle that was repaired, do not itemize the actual cost of the parts 

that were serviced, do not list the labor costs separately from the part 

costs, indicate that state sales tax was charged on air pollution control parts exempted from state sales tax as defined in paragraph 

(3)(1{)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)l.-(3)(K)4. of 

this rule have been met, the department representative shall issue a 

cost-based waiver and provide the windshield sticker to be affixed to 

the vehicle by the vehicle owner. The windshield sticker shall meet 

the requirements of paragraph (4)(F)2. of this rule. 

6. The contractor shall provide the means to issue cost-based 

waivers, VIRs, and windshield stickers from either the department's 

offices or from a portable solution as required by the contract. 

7. Out-of-area exemptions. Provided the vehicle owner or driver 

submits a completed, signed out-of-area affidavit to the department 

indicating that the vehicle will be operated exclusively in an area of 

the state not subject to the inspection requirements of sections 

643.300 to 643.355, RSMo, for the next twenty-four (24) months, 

the department shall issue an emissions inspection VIR, with an indicator to show that the vehicle has received an out-of-area exemption 

to the vehicle owner or driver, and a windshield sticker shall be 

affixed to the subject vehicle. 

8. Reciprocity waivers. Provided the vehicle owner or driver 

presents proof, acceptable to the department, that the subject vehicle 

has successfully passed an OBD emissions inspection in another state 

within the previous sixty (60) calendar days, the department shall 

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

vehicle has received a reciprocity waiver to the vehicle owner or driver, and a windshield sticker shall be affixed to the subject vehicle. 

A. Reciprocity waivers shall be issued if the motorist submits 

proof of a passing OBD emissions inspection from one (1) of the following states: Alaska, Arizona, Connecticut, Delaware, District of 

Columbia, Georgia, Illinois, Louisiana, Maine, Massachusetts, 

Maryland, Nevada, New Hampshire, New Jersey, New York, North 

Carolina, Ohio, Oregon, Pennsylvania, Tennessee unless tested in 

Shelby County (Memphis), Rhode Island, Texas, Utah, Vermont, 

Virginia, Washington, and Wisconsin. 

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

OBD inspections, the reciprocity waiver shall not be granted. 

9. Mileage exemptions. Provided the vehicle owner or driver 

submits the required information described in subsection (4)(H) of 

this rule, the department or the MDAS shall issue an emissions 

inspection VIR, with an indicator to show that the vehicle has 

received a mileage-based exemption to the vehicle owner or driver. 

10. GVWR exemptions. Provided the emissions inspector verifies that the vehicle is over eight thousand five hundred pounds 

2. 

o

p

p

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 inspect, repair, 

service, or maintain motor vehicle emissions components and equipment, including submitting known high emission vehicles with 

known defects for inspection and repair without prior disclosure to 

the repair facility. Failure to comply with the emissions inspection 

law or the emissions inspection rule will subject the emissions 

inspection station manager and emissions inspector(s) to one (l) 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 (3)(N)5. of this rule; 

E. The department's refusal to accept repair receipts from an 

inspection station or repair facility for the purpose of issuing costbased waivers; 

F. The department's revocation of Recognized Repair 

Technician status if the repair technician is reported by the department to the attorney general for unlawful merchandising practices 

according to subsection 643.330.4, RSMo; 

G. Reporting of unlawful merchandising practices as defined 

in state statute Chapter 407, RSMo, by the department to the attorney general for appropriate legal proceedings under sections 407.095 

and 407.100, RSMo; and 

H. Department or MSHP requests for investigation and/or 

criminal and civil penalties by the U.S. Environmental Protection 

Agency. 

3. Lockouts. The department or MSHP may electronically lockout any emissions inspector, station, MRRf, or equipment if the 

department or MSHP identifies any irregularities within the emissions inspection database or any irregularities identified during either 

overt or covert audits. The lockout may precede warnings, license 

suspensions or revocations, or arrests. The state's contractor shall 

display a lockout warning on the monitor of any inspection equipment 

that is locked out by the department or MSHP. Lockouts shall prevent the performing of emissions inspections by the locked out party. 

Lockouts shall be cleared when the department or MSHP is satisfied 

that there is no longer a need for the lockout. Irregularities include, 

but are not limited to: 

A. Failure to enter all required information properly and 

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

B. Uploading unclear pictures, uploading license plate pictures that do not match the license plate recorded on the VIR, or failing to upload pictures as described in paragraph (3)(H)7. of this rule; 

C. Disconnecting or misdirecting the view of the USB lane 

camera described in subparagraph (3)(H)8. of this rule; 

D. Clean scanning as described in subsection (2)(B) and paragraph (3)(H)9. of this rule; 

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; 
in subsection (2)(W) of this rule; or 

(III) Physical visual inspection of the repaired vehicles 

determines that the repairs were not performed as described on the 

submitted repair receipts; 

J. Installing or assisting motorists with the installation of 

aftermarket catalytic converters that do not conform to EPA's AMCC 

enforcement policy, which is incorporated by reference in subparagraph (3)(K)2.L. of this rule; 

K. Installing or assisting motorists with the installation of 

aftermarket components that disable or compromise the capabilities 

of the vehicle manufacturer's EPA-certified emissions control system; 

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

this rule; 

M. Failure to upload the emissions inspection results to the 

VID immediately upon completion of the inspection per paragraph 

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

N. Failure to properly reinspect vehicles that failed an initial 

emissions test per paragraph (3)(J) l. of this rule; 

0. 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)(0)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 fme, and 

such fine shall be not less than five (5) times the amount of the fee 

described in paragraph (3)(0)1. of this rule. 

5. Emissions inspection license suspension and revocation. 

Before any emissions inspection station license or emissions inspector license is suspended or revoked by the department or the MSHP, 

the holder will be notified, either in writing by certified mail or by 

personal service at the station's address of record, and given the 

opportunity to have an administrative hearing as provided by 

643.320.3, RSMo. 

A. Suspension of emissions inspection station and/or inspector licenses shall be for a period no less than thirty (30) days and not 

more than one (1) year. 

B. Revocation of emissions inspection station and/or inspector licenses shall be for a period no less than one (1) year and not 

more than three (3) years. 

6. Civil penalties. Installing catalytic converters that do not conform to EPA's AMCC enforcement policy, which is incorporated by 

reference in subparagraph (3)(K)2.L. of this rule, or installing aftermarket components that in any way bypass or compromise the vehicle manufacturer's emissions control system on a vehicle operated in 

the ozone nonattainment area is a violation of this rule and the federal Clean Air Act section 203(a)(3) (42 U.S.C. 7522 (a)(3)) and 

may result in the penalties described in the federal Clean Air Act section 205(a) (42 U.S.C. 7524 (a)). 

A. Any manufacturer or new vehicle dealer who violates section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) of the federal Clean 

Air Act shall be subject to a civil penalty of not more than thirtyseven thousand five hundred dollars ($37 ,500), as promulgated on 

December 11, 2008, by 73 FR 75340 by the Office of the Federal 

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. 

tie tO-DEPARTMENT OF NATURAL RESOURCE 

Division 10-Air Conservation Commission 

ter 6-Air Quality Standards, Definitions, Sam ing d Reference Methods and Air Pollution Coot I 

egulations for the Entire State of Missou · 

ORDER OF RULEMAKING 

By the au rity vested in the Missouri Air 

Commission u er section 643.050, RSMo 2000, 

amends a rule follows: 

10 CSR 10-6.06 Construction Permit Exemp ons is amended. 

SUMMARY OF COMME 

Natural Resources' Air Pollutio Control Program received comments on the proposed arne d ent from the United States 

Environmental Protection Age ( \<\) Region VII. 

COMMENT #1: EPA Regi n VII co ented that the scale of the 

exemption is one which m not protect ·r quality and these installations should either be s dect to case-by ase review or a well-justified permit by rule. I ddition, the exemp ·on lacks most elements 

of practical enforceab· ty and may not be Sta Implementation Plan 

(SIP) approvable. 

RESPONSE: The onstruction Permits Exem ion rule is just as 

enforceable as other rule or regulation. These mporary storage 

projects, witho this proposed exemption, are ad ssed under 10 

CSR 10-6.060 ection (3) Thmporary Installations d Pilot Plants 

Permits unde which the permitting authority may exe pt temporary 

installations aving a potential-to-emit under one hun (100) tons 

of each p lutant from any requirements of the rule. xemptions 

from air rmitting are not taken lightly and generally ari from an 

instanc where time spent on a permitting action does not ual the 

benefi of air quality. Therefore, no wording changes ha been 

mad to the proposed rulemaking as a result of this comment. 

C MMENT #2: It appears, based on the criteria in 10 CSR 

.061 section (l), that this exemption is intended only for tempo 

I