Mr.WilliamW.RiceActingRegionalAdministratorU.S.EPA,RegionVII901NorthFifthStreetKansasCity,KS66101DearMr.Rice:www.dnr.mo.govAPDBRECEIVEDJUN1 72009TheMissouriAirConservationCommissionrecentlyrevisedorpromulgatedthefollowingregulationsfortheMissouriStateImplementationPlan(SIP).Thefollowingisenclosedforyourreview:10CSR10-5.290(rescission)MoreRestrictiveEmissionLimitationsforParticulateMatterintheSouthSt.LouisAreaThisproposedrescissionwillremoveanobsoleteregulationthatappliestoaspecificareainSouthSt.Louis.Thisruleappliedspecificallytotheoperatingconditionsandthecompliancescheduleofby-productcokeovenslocatedat526EastCatalanSt.Thelocationofthecokeovenswhichisreferencedhasbeenoutofbusinessandinoperablesince1988.TherulealsosetrequirementsfortherestrictionoffugitiveparticulatesintheSouthSt.Louisarea,whichisredundanttothestatewidefugitivedustrule10CSR10-6.170.Byremovingthisoutdatedrule,theCodeofStateRegulationswillbecomelessconfusingandcumbersome.10CSR10-5.381(amendment)On-BoardDiagnosticsMotorVehicleEmissionsInspectionThisproposedamendmentwillclarifytheexemption,inspectionstation,vehicleinspectionandwaiverrequirementsoftheinspection/maintenanceprogramruleintheSt.LouisOzoneNonattainmentArea.SomeoftheseclarificationshavebeenrequestedbytheMissouriStateHighwayPatrol,whoisinvolvedintheoversightoftheemissionsinspectionstations.Thisamendmentwillalsodefineandexemptspeciallyconstructedvehicles(includingkit-cars)tomaketheruleconsistentwithcurrentpractices.10CSR10-6.061(amendment)ConstructionPermitExemptionsThisproposedruleamendmentwilladdanexemptionfromconstructionpermitsfortheconstructionoftemporarystoragestructuresthroughoutthestateofMissourithatoccurasaresultofexceptionalevents(e.g.naturaldisastersorabundantharvestsexceedingavailablestoragecapacity).0RttycledPaperMr.WilliamW.RicePageTwo10CSR10-6.400(amendment)RestrictionofEmissionofParticulateMatterfromIndustrialProcessesTheproposedamendmentwilladdnewexemptionstotheruleforcoatingoperations,unitssubjecttoamorestringentstandard,andunitsthathaveanuncontrolledpotentialtoemitlessthantheallowableemissions.Theamendmentwillalsocorrectareferenceintherulethatreferstoconstructionpermitexemptionsfoundin10CSR10-6.061.ThecommissionadoptedtheenclosedruleactionsonFebruary3,2009,afterconsideringcommentsreceivedatpublichearing.ThecommissionhasfulllegalauthoritytodeveloprulespursuanttoSection643.050oftheMissouriAirConservationLaw.Thestatefollowedallapplicableadministrative proceduresinproposingandadoptingtheruleactions.Enclosedaretherequiredsubmittalelementsfordeterminationofplancompletenessper40CFRPart51,AppendixV.TheMissouriDepartmentofNaturalResourcesrequeststhattheU.S.EnvironmentalProtectionAgencyamendtheSIPtoremoverule10CSR10-5.290fromtheSIP,includerule10CSR10-5.381intheSIP,andreplacerules10CSR10-6.061and10CSR10-6.400intheSIPwiththeamendedrules.Thankyouforyourattentiontothismatter.Ifyouhaveanyquestionsregardingthissubmittal,pleasecontactDavidJ.Lamb,withtheDepartment'sAirPollutionControlProgramatP.O.Box176,JeffersonCity,MO65102orbyphoneat(573)751-4817.Sincerely,esL.KavanaughirectorJLK:IjsEnclosures:CopyofrulespublishedinCSRCopyofcommissionsignaturepagescertifyingMissouriAirConservationCommissionadoptionCopyoftechnicalsupportdocumentationforrules(ifapplicable)CopiesofpublichearingnewspapernoticesCopyofpublichearingtranscriptintroductorystatementsCopyofMORegorderofrulemakingswithcomments/responsesc:MissouriAirConservationCommissionChapter5-AirQualityStandardsandAirPollutionControlRulesSpecifictotheSt.LouisMetropolitanAreaCSR10-5.370ControlofEmissionsFmtheApplicationofDeadenersandAdThisrulerestrictsemissionsafvolatilerganiccompoundsfromtheapplicationafdenersandadhesives.(1)Applica"lity.(A)Thisleshallapply·throughoutSt.LouisCityadJefferson,St.Charles,FranklinandSt.uisCounties.·(B)Thisrulepliestoallinstallationswhichhavetheunctrolledpotentialtoemitmorethanonehundr(100)tonsperyearortwohundredfiftykilos(250kg)perdayofvolatileorganiccomunds(VOCs)fromtheapplicationofautotiveunderbodydeadenersandadhesives.isruleshallalsoapplytoanyinstallationwh1doesnothaveanallowableVOCemissionhitestablishedunder10CSR10-6.060orleablestateimplementationplan.isionandwhichhasuncontrolledpotentialemissionsgreaterthanorequaltotwohunfiftykilogramsperday(250kg/day)oro ehundred(100)tonsperyear.Theunconliedpotentialtoemitisthepotentialemissio(asdefined)plustheemissionsremovedbyc -troldevices.(2)Definitionsofcertaintermsspecifiedinthisrulemaybefoundin10CSR10-6.020(3)GeneralProvisions.(A)NopersonshallemittotheatmosereanyVOCfromtheapplicationofautootiveunderbodydeadenersandadhesives·excessoftheemissionlimitinsection(4)(B)Theemissionlimitcontaineinsection(4)shallbebasedonadailyweitedaverageofalldeadenersand/oradhesivsdeliveredtothecoatingapplicator.(4)EmissionCompliance.ApplicationProcessChryslerCoCarDeadenVinylpAdsives(5)ecordkeeping.2.225.3371311857131185A)Theowneroroperatorofadeadenerd/oradhesiveapplicationcoveredbythisROBINCARNAHANSecretaryofState(4/30/09).ruleshallkeeprecordsdetailingspecifiVOCsourcesasnecessarytodemonsdailycompliance.Thesemayincluderecordsoftheamountofdeadeneradhesiveused,thecompositionofddenerand/oradhesive,solventused,solntdiscardedandproductionlevels.(B)Records,suchasdailyproductionrates,maybesubstitutedforacdailyusedmeasurementsprovidedtheonersubmitsademonstrationapprovablebyedirectorthattheserecordsareadequaterthepurposeofthisrule.(C)Recordsofall·formationrequiredundersubsections(5)and(B)shallbekeptforaperiodoflessthantwo(2)yearsandalltherecordsIIbemadeavailabletothestaffdirector(6)CompliancMethod.Compliancewiththisruleshaldemonstratedusingthetestmethodrerencedat10CSR10-6.030(14))todeterminedeadenercompoSition.deadenermanufacturer'sformulationdamaybeusedtodemonstratecompliance,utonlyafterconfirmationbythetestpreviouslyreferenced.A"HORITY:section643.050,RSMo1994.*riginalrulefiledAug.15,1983,effectiveJan.13,1984.Amended:FiledJune4,1985,effectiveOct.26,1985.Amended:FiledOct.,1988,effectiveMarch11,1989.RSMo1965,amended10C10-5.375MotorVehicleEmissionlnspecti(Rescinde.section307.366.4,RSMoSupp.1999."gina/rulefiledJan.14,1997,effectiveug.30,1997.Amended:FiledAug.4,2,effectiveMarch30,2001.Rescinded:edJan.16,2007,effectiveAug.30,2007.Inspection(RescindedAugust30,200AUTHORJTY:section643.0.1,RSMo2000.OriginalrulefiledJun14,1982,effectiveJan.13,1983.Amended:iledAug.15,1983,effectiveJan.1,1984.Emergencyrescissionandrulefiledg.15,1994,effectiveAug.28,1994,expireDec.25,1994.Emergencyamendmentfiledec.12,1994,effectiveDec.25,1994,exp1dApril23,1995.RescindedandreadopteCODEOFSTATEREGULATIONS10CSR10·5ib10CSR10-5.381On-BoardDiagnosticsMotorVehicleEmissionsInspectionPURPOSE:Ihisruleenactstheprovisionsofsections643.300-643.355,RSMoandmeetsthe1990FederalCleanAirActAmendmentsrequirementthattheozonestateimplementationplancontainsnecessaryenforceablemeasurestomaintainthemandatoryvehicleemissionsinspectionandmaintenanceprogram.Ihepurposeoftheinspectionandmaintenanceprogramistoreduceandpreventground-levelozonefonningvehicleemissionsintheSt.Louisnonattainmentarea.PUBUSHER'SNOTE:Ihesecretaryofstatehasdetenninedthatthepublicationoftheentiretextafthematerialwhichisincorporatedbyreferenceasaportionofthisruleoouldbeundulycumbersomeorexpensive.Thismaterialasincorporatedbyreferenceinthisruleshallbemaintainedbytheagencyatitsheadquartersandshallbemadeami/abletothepublicforinspectionandcopyingatnomorethantheactualcostafreproduction.Thisnoteappliesonlytothereferencematerial.Iheentiretextoftheruleisprintedhere.(1)Applicability.(A)Exceptasprovidedinsubsection( 1)(B)ofthisrule,subjectvehiclesincludeallvehiclesoperatedonpublicroadwaysinthegeographicalareacontainingtheCityofSt.LouisandthecountiesofFranklin,Jefferson,St.Charles,andSt.Louis,andwhichare1.RegisteredintheareawiththestateofMissouriDepartmentofRevenue(MDOR);2.Leased,rented,orprivatelyownedandarenotregisteredinthegeographicalareabutareprimarilyoperatedinthearea.Avehicleisprimarilyoperatedintheareaifatleastfifty-onepercent(51%)ofthevehicle'sannualmilesareinthearea;3.Ownedorleasedbyfederal,state,orlocalgovernmentagencies,andareprimarilyoperatedinthegeographicalarea,butarenotrequiredtoberegisteredbythestateof31ib10CSROFNATURALRESOURCESMissouri;or4.Owned,leased,oroperatedbycivilianandmilitarypersonnelonfederalinstallationslocatedwithinthegeographicalarea,regardlessofwherethevehiclesareregistered.(B)Thefollowingvehiclesareexemptfromthisrule:1.Heavydutygasoline-poweredandheavydutydiesel-poweredvehiclesthatreceiveaGrossVehicleWeightRating(GVWR)exemptiondescribedinsubsection(4)(1)ofthisrule;2.Lightdutygasoline-poweredvehiclesandtrucksmanufacturedpriortothe1996modelyearandlightdutydiesel-poweredvehiclesandtrucksmanufacturedpriortothe1997modelyear;3.Motorcyclesandmotortricycles;4.Vehicleswhicharepoweredexclusivelybyelectricorhydrogenpowerorbyfuelsotherthangasoline,ethanol(ElOandE85),ordiesel;5.Motorvehiclesregisteredinanareasubjecttotheinspectionrequirementsofsections643.300to643.355,RSMo,thataredomiciledandoperatedexclusivelyinanareaofthestatenotsubjecttotheinspectionrequirementsofsections643.300to643.355,RSMo,thatreceiveanoutofareaexemptiondescribedinsubsection(4){1)ofthisrule;6.Newandunusedmotorvehicles,ofmodelyearsofthecurrentcalendaryearandofanycalendaryearwithintwo(2)yearsofsuchcalendaryear,thathaveanodometerreadingoffewerthansixthousand(6,000)milesatthetimeoforiginalsalebyamotorvehiclemanufacturerorlicensedmotorvehicledealertothefirstuser;7.Newmotorvehiclesthathavenotbeenpreviouslytitledandregistered,forthefour(4)-yearperiodfollowingtheirmodelyearofmanufacture,thathaveanodometerreadingoffewerthanfortythousand(40,000)milesshowingatthefirstrequiredbiennialsafetyinspection.Thesevehiclesqualifyforamileage-basedexemptiondescribedinsubsection(4)(H)ofthisrule.Otherwise,suchmotorvehiclesshallbesubjecttotheemissionsinspectionrequirementsofsubsection(3)(B)ofthisruleduringthesameperiodthatthebiennialsafetyinspectionisconducted;8.Motorvehiclesthataredrivenfewerthantwelvethousand(12,000)milesbetweenbiennialsafetyinspectionsthatreceiveamileage-basedexemptiondescribedinsubsection(4)(H)ofthisrule.A.PriortoOctober1,2009,handwrittenMVI-2safetyinspectionformsorprintedsafetyVehicleInspectionReports(VIRs)shallbeprovidedbytheownertothedepartment.32(I)Theproofofexemptionfromtheemissionsinspectionrequirementshallconsistoftwo(2)vehiclesafetyinspectionreportsissuedtotheownerofthevehiclebeingexempted.(II)Thefirstsafetyinspectionreportshallhavebeenissuedduringthevehicle'spreviousbiennialsafetyinspection.Thesecondsafetyinspectionreportshallhavebeenissuedduringthecurrentbiennialinspectioncycle,performedwithinthesixty(60)daysoftheowner'sregistrationrequest.(Ill)Eachvehiclesafetyinspectionreportmustdocumenttheodometerreadingatthetimeofthevehicle'sbiennialsafetyinspections,andthedifferencebetweenthesetwo(2)odometerreadingsshallbenogreaterthaneleventhousandninehundredninetynine(11,999).B.BeginningOctober1,2009,thisexemptionshallbeissuedautomaticallybylicensedemissionsinspectionstationsusingthecontractor'sMissouriDecentralizedAnalyzerSystem(MDAS)equipmentandlanesoftware;9.Historicmotorvehiclesregisteredpursuanttosection301.131,RSMo;10.Schoolbuses;11.Tacticalmilitaryvehicles;12.Visitor,employee,ormilitarypersonnelvehiclesonfederalinstallationsprovidedappointmentsdonotexceedsixty(60)calendardays;and13.Speciallyconstructedvehicles.(2)Definitions.(A)Businessday-Alldays,excludingSaturdays,Sundays,andstateholidays,thataninspectionstationisopentothepublic.(B)Cleanscanning-TheillegalactofconnectingtheOn-BoardDiagnostics(OBD)cableorwirelesstransmittertothedatalinkconnectorofavehicleotherthanthevehiclephotographedandidentifiedontheemissionsVIRforthepurposeofbypassingtherequiredOBDtestprocedure.(C)Compliancecycle-Thetwo(2)-yeardurationduringwhichasubjectvehicleintheenhancedemissionsinspectionprogramareaisrequiredtocomplywithsections643.300-643.355,RSMo.1.Forprivateentityvehicles,thecompliancecyclebeginssixty(60)dayspriortothesubjectvehicle'sregistrationandbienniallicenseplatetabexpiration.2.Forpublicentityvehicles,thecompliancecyclebeginsonJanuaryIofeacheven-numberedcalendaryear.ThecompliancecycleendsonDecember31ofeachoddnumberedcalendaryear.(D)Contractor-ThestatecontractedcompanywhoshallimplementthedecentralizedCODEOFSTATEREGULATIONSDivision10-AirConservationCommissionmotorvehicleemissionsinspectionprogramasspecifiedinsections643.300-643.355,RSMo,andthestatecontractedcompanywhoshallimplementtheacceptancetestprocedure.(E)Department-TheMissouriDepartmentofNaturalResources,thestateagencyresponsibleforoversightofthevehicleemissionsinspectionandmaintenanceprogramthatisrequiredbythe1990FederalCleanAirActAmendments.(F)DataLinkConnector(DLC)-TheterminalrequiredtobeinstalledonallOnBoardDiagnostics(OBD)equippedvehiclesthatallowscommunicationwithavehicle'sOBDsystem.(G)DiagnosticTroubleCode(DTC)-Analphanumericcodeconsistingoffive(5)characterswhichisstoredbyavehicle'sOnBoardDiagnosticssystemifavehiclemalfunctionsordeterioratesinsuchawayastopotentiallyraisethevehicle'stailpipeorevaporativeemissionsmore than1.5timesthefederaltestprocedurecertificationlimits.Thecodeindicatesthesystemorcomponentthatisinneedofdiagnosisandrepairtopreventthevehicle'semissionsfromincreasingfurther.(H)Emissionsinspection-Testsperformedonavehicleinordertoevaluatewhetherthevehicle'semissionscontrolcomponentsarepresentandproperlyfunctioning.(I)GrossVehicleWeightRating(GVWR)-Thevaluespecifiedbythemanufacturerasthemaximumdesignloadedweightofasinglevehicle.(J)Ground-levelozone-Acolorless,odorlessgasformedbythemixingofvolatileorganiccompoundsandoxidesofnitrogenfromstationaryandmobilepollutionsourcesinthepresenceofheatandsunlight.Groundlevelozoneisastrongoxidizerthatnegativelyaffectshumanhealthbycausingdiminishedlungfunctioninbothhealthyindividualsandthosewithpre-existingrespiratoryproblems:(K)HeavyDutyVehicle(HDV)-Anymotorvehicleratedateightthousandfivehundredone(8,501)poundsGVWRormore.(L)Initialemissionsinspection-Anemissionsinspectionconsistingoftheinspectionseriesthatoccursthefirsttimeavehicleisinspectedinacompliancecycle.(M)Licensedemissionsinspectionstation-Anybusinessthathasmetthelicensingrequirementsdescribedinthisruleandbeenlicensedtooffervehicleemissionsinspectionservicesonbehalfofthedepartment.(N)Licensedemissionsinspector-Anyindividualthathasmetthelicensingrequirementsdescribedinthisruleandbeenlicensed(4130/09)ROBINCARNAHANSecretaryofStateChapter5-AirQualityStandardsandAirPollutionControlRulesSpecifictotheSt.LouisMetropolitanAreatoconductvehicleemissionsinspectionsonbehalfofthedepartment.(0)LightDuty'Ihlck(LDT)-Anymotorvehicleratedateightthousandfivehundredpounds(8,500lbs.)GVWRorlesswhichhasavehiclecurbweightofsixthousand(6,000)poundsorlessandwhichhasabasicvehiclefrontalareaofforty-five(45)squarefeetorless,whichis1.Designedprimarilyforpurposesoftransportationofpropertyorisaderivationofsuchavehicle;2.Designedprimarilyfortransportationofpersonsandhasacapacityofmorethantwelve(12)persons;or3.Availablewithspecialfeaturesenablingoff-streetoroff-highwayoperationanduse.(P)LightDutyVehicle(LDV)-Apassengercarorpassengercarderivativecapableofseatingtwelve(12)passengersorlessthatisratedatsixthousand(6,000)poundsGVWRorless.(Q)MalfunctionIndicatorLamp(MIL)-Anamber-coloredwarninglightlocatedonthedashboardofvehiclesequippedwithOnBoardDiagnosticssystemsindicatingtothevehicleoperatorthatthevehicleeitherhasamalfunctionorhasdeterioratedenoughtocauseapotentialincreaseinthevehicle'stailpipeorevaporativeemissions.(R)MissouriDecentralizedAnalyzerSystem(MDAS)-Theemissionsinspectionequipmentthatissoldbythestate'scontractortolicensedemissionsinspectionstations.Thedepartmentmayapprovealternativeequipmentiftheequipmentdescribedinthissubsectionisnolongeravailable.Ataminimum,thevehicleemissionsinspectionequipmentshallconsistofthefollowingcontractorequipmentpackage:1.Atleastaseventeen-inch(17")LiquidCrystalDisplay(LCD)monitor;2.Universalserialbus(USB)lanecamera;3.Atleasta4.0megapixeldigitalcameraanddock;4.Fingerprintscanner;5.Twohundredfifty-six(256)megabyteUSBflashdrive;6.Keyboardwithplastickeyboardcoverandopticalmouse;7.Printerwithinkortonercartridgesandblankpaper;8.2Dbarcodereader;9.Windshieldstickerprinterwithblankwindshieldstickersandthermalcartridge;10.OBDvehicleinterfacecablewithastandardSocietyofAutomotiveEngineersJl962/Jl978OBDconnector;11.OBDverificationtool;12.Low-speedorhigh-speedInternetROBINCARNAHANSecretaryofState(4/30/09)connectioncapabilities;13.Surgeprotectoranduninterruptiblepowersupply(UPS);14.Atleasta3.0gigahertz(GHz)personalcomputer(DellTMPentium'"4orequivalent),withWindowsVista'"andone(l)gigabyteofRandomAccessMemory(RAM);and15.Metalcabinettoholdallofthecomponentsdescribedinthissubsectionoftherule..(S)MissouriDepartmentofRevenue(MDOR)-ThestateagencyresponsiblefortheoversightofvehicleregistrationatcontractofficesandviatheInternet.MDORisalsoresponsiblefortheregistrationdenialmethodofenforcementforthevehicleemissionsinspectionandmaintenanceprogram.(T)MissouriStateHighwayPatrol(MSHP)-Thestateagencyresponsiblefortheoversightofthevehiclesafetyinspectionprogramandjointoversightwiththedepartmentofthevehicleemissionsinspectionandmaintenanceprogram.(U)On-BoardDiagnostics(OBD)-Avehicleemissionsearly-warningsystemrequiredbyfederallawtobeinstalledonalllight-duty1996andnewermodelyearvehiclesforsaleintheUnitedStates.TheOBDsystemmonitorssensorsandemissions-controlrelatedcomponentsonavehicletoensurethattheemissionscontrolsystemoperatesproperlythroughoutavehicle'slifetime.Ifone(l)ormorecomponentsoftheemissionscontrolsystemmalfunctionsordeteriorates,theOBDsystemwillilluminatetheMalfunctionIndicatorLampandstoreone(I)ormoreDiagnosticTroubleCodes.(V)On-BoardDiagnostics(OBD)test-Atestinwhichavehicle'sOBDsystemisconnectedtoahand-heldtoolorcomputerthataninspectorusestodetermineand/orcollectandrecord1.ThestatusoftheOBDsystem'sMILwhenthevehicleengineisoffandwhenthevehicleengineisrunning;2.Datalinkconnector accessandfunctionalityandOBDcommunication;3.Vehiclesignatureinformation,including,butnotlimitedto,theelectronicvehicleidentificationnumber(VIN)andotheruniqueparameteridentifiers;4.ThestatusofalloftheOBDsystem'sreadinessmonitors;5.TheOBDsystem'sMILcommandstatus;and6.AnyUfCs,includingthosethatarecommandingtheMILtobeilluminated.(W)Qualifyingrepair-Anyrepairoradjustmentperformedonavehicle'semissionscontrolsystemafterfailinganinitialemissionsinspection,thatisreasonabletothetestmethodfailure.AqualifyingrepairisCODEOFSTATEREGULATIONS10CSR10·5ibsubmittedaspartofacost-basedwaiverapplicationandmustdocument,tothedepartment'ssatisfaction,thediagnostictestingoranalysismethodusedbythepersonperformingtherepair.Repairsperformedbyarepairtechnicianthatwerenotauthorizedbythevehicleowner'ssignatureorverbalconsentmaynotbeconsideredaqualifyingrepair.Thequalifyingrepairmustbeperformedwithinninety(90)daysafterthedateofinitialemissionsinspection.Theinitialorsubsequentemissionsreinspectionshouldsupportthenecessityofthequalifyingrepair.Thequalifyingrepairmayconsistofeither1.Thepartscosts,spentbyavehicleownerorchargedtoavehicleownerbyarepairtechnician,thatareappropriateforthetypeofemissions inspectionfailure;or2.Thepartsandrecognizedlaborcosts,chargedtoavehicleownerbyaRecognizedRepairTechnician,thatareappropriateforthetypeofemissions inspectionfailure.(X)Readinessmonitor-AdesignfeatureofOn-BoardDiagnosticssystems.Ifareadinessmonitorhasbeenset,thentheOBDsystemhascompletedadiagnosticcheckonthatcomponent.Ifareadinessmonitorhasnotbeenset,thentheOBDsystemhasnotcompletedadiagnosticcheckonthatcomponent.(Y)Recognizedlaborcosts-ThelaborcoststhataRecognizedRepairTechnicianchargesforemissionsrepairservicesrenderedtoavehiclethatfailsitsemissionsinspection.Laborcostsnottiedtoanemissionsrepairorsolelyforthepurposesofsettingreadinessmonitorsmaynotbeconsideredqualifyingrepairs.(Z)RecognizedRepairTechnician-Anypersonwho1.Isprofessionallyengagedfull-timeinvehiclerepairoremployedbyanongoingbusinesswhosepurposeisvehiclerepair.ARecognizedRepairTechnicianmayonlyberecognizedbythedepartmentatone(1)placeofemployment;2.HasvalidcertificationsfromtheNationalInstituteforAutomotiveServiceExcellence(ASE)inElectricalSystems(A6),EnginePerformance(AS),andAdvancedEnginePerformanceSpecialist(Ll)thathavenotexpired;and3.Hasnotbeenreportedbythedepartmenttotheattorneygeneralforunlawfulmerchandisingpracticesaccordingtosubsection643.330.4,RSMo.(AA)Speciallyconstructedvehicle-Amotorvehiclethathasnotbeenoriginallyconstructedunderadistinctivename,make,model,ortypebyamanufacturerofmotorvehicles,thathasbeenissuedaspeciallyconstructedVINnumberfromtheMDOR,andthathashadthespeciallyconstructedVIN33**~**

10 CSR 10-5-DEPARTMENT

OF NATURAL RESOURCES installed

by the MSHP.
The term specially constructed vehicle includes

kit vehicles

that are motor vehicles assembled

by

a person other than

a generally recognized manufacturer

of motor vehicles

by the use of

a glider kit or replica purchased

from

an authorized manufacturer

and accompanied

by

a manufacturer's statement

of origin. (BB) Vehicle Inspection Database (VID)- The vehicle inspection database, operated

and maintained

by the department's contractor. All vehicle emissions inspection information is uploaded

by the MDAS inspection equipment

to the VID
on

a real time basis

as soon as each inspection

is complete. (CC) Vehicle Inspection Report (VIR)- The vehicle inspection report printed

by the MDAS inspection equipment

at the conclusion
of each vehicle's emissions inspection. The VIR

is designed solely

to provide information regarding

the emissions inspection results

to motorists,

and may not be valid
for vehicle registration purposes. (DD) 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

according

to the December

1999 Interim Guidance

for Federal Facility Compliance l*th Clean Air Act Sections JJB(c)
and JJB(d)
and Applicable Provisions

of State li?hicle Inspection

and Maintenance Programs.

This guidance document

is incorporated

by reference

in this rule,

as published by the

U

. S. Environmental Protection Agency (EPA), Office

of Transportation

and Air Quality, 2000 Traverwood,

Ann Arbor, MI 48105. This rule does not incorporate

any subsequent amendments

or additions

to this guidance document. C. Failure

to complete

a vehicle emissions inspection within

the compliance

cycle specified

in paragraph (2)(C)2.

of this rule 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

Division

1 0-Alr Conservation Commission emissions inspection provided

by

a licensed motor vehicle dealer

to the purchaser

of

a used vehicle being sold
by the licensed motor vehicle dealer

is valid for registration purposes for one hundred twenty

( 120) days after the date
of inspection. Vehicles being sold shall not be subject

to another emissions inspection for ninety (90) days after the date
of sale
or transfer

of such vehicle. 2. Reinspections occurring
fewer than ninety (90) days after the initial emissions inspection

are subject

to subsections
(3)(J) and (3)(K)

of this rule. 3. Reinspections occurring
more than ninety (90) days after the initial emissions inspection

shall
be considered

to be an initial emissions inspection

as defined

in subsection (2)(L)

of this rule 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

# Chapter 5-Air Quality Standards

and Air Pollution Control Rules Specific

to the St. Louis Metropolitan

Area inspection

that they intend

to perfonn.

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 (I) 

# emissions credit authorization

for eachpassing emissions inspection. B. Licensed inspection stations

are required

to maintain

a sufficient positive quantity

of emissions credits

on theiranalyzer(s)

to prevent having

to 

# tum away motorists who have requested

an inspection. C

. At the time that

a licensed
emis

sions 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 theexisting 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 vehicleinspection 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. Theemissions 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)



# B. At

a minimum,

the MDAS shall be:

(I) 

# Automated

to the highest degree commercially available

to minimize

the potential

for intentional
fraud and/or human error

; (II) Secure from tampering and/or abuse;
and (Ill) Based upon writtenspecifications.

2

. Functional characteristics

ofemissions 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 theemissions 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 systemlockouts for-

(a) Tampering

with security aspects

of the MDAS; (b) 

# Fraudulent inspection
activi

ty;

(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 contrac

tor's Vehicle Inspection Database (VID)

as specified

in the contract between

thedepartment and the contractor. Emissionsinspection infonnation

shall
be uploadedimmediately

to the VID via this telecommunications data link according

to subparagraphs (3)(F)2.C

. and (3)(F)5.D

. of this rule

so that all inspection infonnation

can
beelectronically 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 testequipment 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

tosecCODE

OF STATE REGULATIONS



# 10CSR10-5 

# ~ tion 2231

. The OBD test equipment

shall

be able

to communicate

with

all known OBD protocols

and connect

to and communicate with

a minimum

of ninety-eight percent (98%)

of all subject vehicles

. 4

. All emissions inspection equipment shall meet
the quality control requirements described

in paragraph (3)(L)5.

of this rule. Newly acquired emissions inspectionequipment 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 emissionsinspection 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

. Thewindshield stickers described

in section

(4) of this rule shall

be provided

by 

# the contractor

at no cost

to licensed emissions inspection stations; and

C. Telecommunications

. The station shall provide dedicated

data transmission capabilities

for the emissions inspection equipment

to stay online with the contractor's VID. The telecommunications capabilities may
be either high-speed

or low-speed.

The cost

of this telecommunications

service, including
initial installation

and ongoing

35**~**

10 CSR 10-5-DEPARTMENT

OF NATURAL RESOURCES maintenance,

is the responsibility

of the licensed emissions inspection station. 3

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

a minimum

of one (1) licensed emissions inspector

on duty during all business
days during

the station

' s hours

of inspection, except

for short periods

of time due

to illness

or annual vacation. B

. Each licensed emissions inspection station
will designate,

on the station license application,

the emissions inspection station manager
who will be in charge

of emissions inspections

. The emissions inspection station manager
shall

be responsible

for the daily operation

of the station
and will ensure
that complete

and proper emissions inspections are being performed.

The emissions inspection station manager
shall
be present

at the licensed emissions inspection station during all business
days during

the station's hours

of inspection, except

for short periods

of time due

to illness

or annual vacation. C

. If the station

is without

at least one (1) emissions inspector

or one (1) emissions inspection station manager,

then the station shall

be prohibited

from conducting
emissions inspections. 4

. Licensing. A

. Any person, firm, corporation, partnership,

or governmental

entity requesting an emissions inspection station license shall submit

a completed emissions inspection station application

to the department

or to the MSHP. B. A vehicle emissions inspection

station license shall
be valid
for twelve
(12) months from
the date

of issuance.

A completed emissions inspection station license application

shall
be accompanied

by

a check or money order

for one hundred dollars ($100) made payable

to the Director

of Revenue

and submitted

to either
the Missouri Department

of Natural Resources,

Air Pollution Control Program,
Attn: Inspection and Maintenance

, PO Box 176, Jefferson City, MO 65102-0176

or the MSHP. Under no circumstances

will cash

be accepted

for the license

fee. C. For the purposes

of emissions

and safety inspection license synchronization,

a vehicle emissions inspection station license may

be valid
for fewer than twelve
(12) months from
the date

of issuance.

A completed emissions inspection station license application

shall
be accompanied

by

a check or money order made 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

MSHP.
The check

or money order shall submit the pro-rated

fee of eight dollars
and thirty-three cents ($8.33) times
the number

of months between

the month

of the application, including

the month

of application

, for the emissions inspection license
and the month that the safety inspection license
will

be renewed. Under

no circumstances

will cash be accepted

for the license
fee. D. Except

as provided

by subparagraph (3)(F)4.C.

of this rule, station licenses are valid for

a period

of one (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

Division

1 0-Air Conservation Commission demand

to the department

or the MSHP. The failure

to account

for all emissions inspection supplies

will
be sufficient
cause

for the department

or the MSHP

to not reinstate

an emissions inspection station license

. H. No emissions inspection station license
will
be issued

to

a spouse, child

or children

, son/daughter-in-law,
employee,

or any person having

an interest

in the business for the privilege

to conduct emissions inspections

at the same location

or in close proximity to the location

of an emissions inspection station whose license

is under suspension

or revocation, unless

the applicant

can provide reasonable assurance

that the licensee under suspension

or revocation

will not

be employed, manage

, assist

in the station operation,

or otherwise benefit financially

from the operation

of the business

in any way. 5

. Operations. A

. All emissions inspections

must

be conducted

at the licensed emissions inspection station

in the approved emissions inspection area described

in paragraph (3)(F)

1

. of this rule. B. The inspection

of

a vehicle shall
be made only

by an individual

who has

a current, valid emissions inspector license.

No person without

a current,
valid emissions inspector license shall issue

an emissions VIR
or

a windshield sticker

. No owner, operator,

or employee

of an inspection station shall furnish, loan, give,

or sell an emissions VIR

or windshield sticker

to any person except those entitled

to receive

it because their vehicle

has passed

the emissions inspection.

C

. If an emissions inspector

or an emissions inspection station manager

or owner resigns

or
is dismissed,

the emissions inspection station manager

or station owner shall report these changes

to the department and the MSHP immediately

or within two (2) business
days

. The emissions inspection

station manager

or station owner shall complete an amendment

form

to inform

the department and the MSHP

of these changes

in personnel. D

. All current manuals, bulletins,

or other rules issued

by the department

must

be read

by the station owner

or operator

and each emissions inspector. These resources must

be available, either

in printed

or electronic form,

at all times
for ready reference by emissions inspectors, department,

and MSHP staff

. E. If the department

is asked

to settle a difference

of opinion between

a vehicle owner
and
an emissions inspection station manager

or emissions inspector concerning the inspection standards

and procedures,

the decisions

of the department concerning
emissions inspection standards

and procedures (4/30/09)

ROBIN CARNAHAN Secretary

of StateChapter5-AirQualityStandardsandAirPollutionControlRulesSpecifictotheSt.LouisMetropolitanAreawillbefinal.F.Emissionsinspectionstationoperatorsarepermittedtoadvertiseasofficialemissionsinspectionstations.6.Hoursofoperation.A.Thenormalbusinesshoursandbusinessdaysofeverypublicinspectionstationshallbeatleasteight(8)continuoushoursperday,five(5)daysperweek,excludingallstateholidays.B.Emissionsinspectorsareobligatedtoconductemissionsinspectionsandreinspectionsofvehiclesduringnormalbusinesshours.(I)Avehicleshallbeemissionsinspectedwithinatwo(2)-hourperiodafterbeingpresentedunlessothervehiclesarealreadybeingemissionsinspected.(II)Areinspectionmustbeginwithinone(1)hourwhenavehicleispresentedduringthetwenty(20)consecutive-dayperiodforreinspectionsexcludingSaturdays,Sundays,andstateholidays.7.Displayofinspectionstationandinspectorlicenses,sign,andposter.A.Thedepartmentorthedepartment'sdesigneeshallprovideeachlicensedemissionsinspectionstationwithone(1)stationlicensecertificate.Thestationlicensecertificateshallbeframedundercleanglassorplasticanddisplayedinaconspicuouslocationdiscernibletothosepresentingvehiclesforemissionsinspections.B.Thedepartmentorthedepartment'sdesigneeshallprovideeachlicensedemissionsinspectorwithone(1)inspectorlicensecertificate.Theemissionsinspectorlicensesmustbeframedundercleanglassorplasticanddisplayedinaconspicuouslocationdiscernibletothosepresentingvehiclesforemissionsinspections.C.Thedepartmentorthedepartment'sdesigneeshallprovideeachlicensedemissionsinspectionstationone(1)officialsign,madeofmetalorotherdurablematerial,todesignatethestationasanofficialemissionsinspectionstation.Thesigndesignatingthestationasanemissionsinspectionstationshallbedisplayedinalocationvisibletomotoristsdrivingpasttheinspectionstation.Additionalsignsmaybepurchasedforafeeequaltothecosttothestateforeachadditionalsign.D.Thedepartmentorthedepartment'sdesigneeshallprovideeachlicensedemissionsinspectionstationwithone(1)posterthatinformsthepublicthatrequiredrepairsorcorrectionsneednotbemadeatthatinspectionstation.Thepostermustbedisplayedinaconspicuouslocationdiscernibletothosepresentingvehiclesforemissionsinspections.AdditionalpostersROBINCARNAHANSecretaryofState(4130/09)maybepurchasedforafeeequaltothecosttothestateforeachadditionalposter.(G)EmissionsInspectorRequirements.1.Everypersonrequestingavehicleemissionsinspectorlicenseshallsubmitacompletedvehicleemissionsinspectorapplicationtothedepartmentorthedepartment'sdesignee.Theemissionsinspectorapplicationshallincludeafacialphotographwithdimensionsoftwoinches(2")inlengthandtwoinches(2")inwidth.2.Allvehicleemissionsinspectorsmustbeatleasteighteen(18)yearsofageandabletoreadandunderstanddocumentswritteninEnglish.Theemissionsinspectorwrittenexammayincludeanoralcomponenttoevaluatetheapplicant'sabilitytoreadandunderstanddocumentswritteninEnglish.3.EmissionsinspectorsmustpassawrittentestthatdemonstratestheirknowledgeofthefundamentalsofOBDtestingandrepairsandtheproceduresoftheemissionsinspectionprogram.Aminimumgradeofeightypercent(80%)isrequiredtopassthewrittenexaminationorreexamination.A.Thecontractorshalldesignthetrainingmaterialandcorrespondingwrittenexamandhavethetrainingmaterialandwrittenexamcertifiedbythedepartmentpriortoissuingthetrainingmaterialandwrittenexamtopotentialemissionsinspectors.B.Afteremissionsinspectorshavepassedthecontractor'swrittenexam,iftheywishtoalsobelicensedtoconductvehiclesafetyinspections,theymustsubmitanapplicationtotheMSHPtotakethesafetyinspectionexam.C.Currentlylicensedsafetyinspectorsworkingatnewly-licensedemissionsinspectionstationswillonlyhavetopassthewrittenemissionsexamconductedbythecontractor.4.EmissionsinspectorsmustbethoroughlyfamiliarwiththeemissionsinspectionequipmentanddemonstratecompetencytoeitherthedepartmentortheMSHPwhileperforminganemissionsinspectiononavehiclepriortotheissuanceoftheinspector'slicense.Aminimumgradeofeightypercent(80%)isrequiredtopassthepracticalexaminationorreexamination.5.Iftheapplicantmeetstherequirementsofparagraphs(3)(G)l.-(3)(G)4.ofthisrule,anemissionsinspectorlicensewillbeissuedwithoutcharge.Licensesarevalidforaperiodofthree(3)yearsfromthedateofissuance,oruntilsuspendedorrevokedbythedepartmentortheMSHP.Anemissionsinspectorwhoselicensehasbeensuspendedorrevokedshallberequiredtosuccessfullycompletethecontractor'strainingprogramandpassthewrittenandpracticalexamsCODEOFSTATEREGULATIONS10CSR10-5describedinparagraphs(3)(G)3.and(3)(G)4.ofthisrulebeforetheemissionslicensewillbereinstated.6.Iftheemissionsinspectorleavestheemploymentofonelicensedemissionsinspectionstationandenterstheemploymentofanotherlicensedemissionsinspectionstation,theemissionsinspectionstationmanagerofthestationthattheinspectoristransferringtoshallfollowtheproceduresdescribedinsubparagraph(3)(F)5.K.ofthisrule.Theemissionsinspector'slicenseistransferablewiththelicensedemissionsinspector,providedtheemissionsinspector'slicensehasnotexpired.7.Anemissionsinspectormaybereexaminedatanytime,andifs/hefailsthereexaminationorrefusestobereexamined,thelicenseissuedtohim/hershallbesuspended.Ifavehicleemissionsinspectorfailsareexamination,s/hecannotagainbetesteduntilaperiodofthirty(30)dayshaselapsed.8.Anemissionsinspectorlicensemayberenewedbeforetheexpirationdateorsixty(60)daysafterexpirationwithoutareexamination.Ifthelicensehasexpiredmore thansixty(60)daysbeforethelicenserenewalapplicationissubmitted,areexaminationwillberequired.Avehicleemissionsinspectordoesnothaveauthoritytoconductanyinspectionsduringthesixty(60)-daygraceperiodunlessthelicensehasbeenproperlyrenewed.(H)EmissionsInspectionProcedures.Theemissionsinspectionprocedureshallmeetthefollowingrequirements:1.Everyemissionsinspectionmustbeperformedaccordingtotheproceduresdescribedinthisrule.Onceanemissionsinspectionhasbegun,itshallbecompletedandshallnotbeterminated.Avehiclemaynotbepassedorfailedbaseduponapartialinspection;2.AproperandcompleteemissionsinspectionshallconsistoftheOBDtestmethoddescribedinsection(5)ofthisrule,theimmediateprintingandsubsequentissuanceofaVIRtothemotorist,andtheimmediateuploadingoftheemissionsinspectiondatatothecontractor'sVID;3.Allemissionsinspectionrecordsshallbetransmittedtothestate'scontractorassoonasaninspectioniscompleteforthepurposeofrealtimeregistrationverificationbytheMDORandprogramoversightbythedepartmentortheMSHP;4.Theemissionsinspectionfeesshallbechargedforeachinspectionperformedasdescribedinsubsection(3)(D)ofthisrule;5.EmissionsinspectionwindshieldstickerswillbeissuedtoanemissionsinspectionstationbytheMSHPandcanbeprinted37ib

10 CSR 10-!H!EPARTMENT

OF NATURAL RESOURCES by only that station. Emissions inspection windshield stickers
shall

be kept secure

to prevent them from being lost, damaged,

or stolen.

If windshield stickers

are lost, damaged,

or stolen,

the incident shall
be reported immediately

to the MSHP; 6. The emissions inspector

will ensure that
all required information

is properly

and accurately entered

into the MDAS.
This includes three

(3) mandatory photos,

a vehicle description including

the license plate number

at the time
of inspection,

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

remotely observed

by state agencies throughout the entire vehicle emissions inspection; 9. Vehicles
shall

be inspected

in asreceived condition, including vehicles whose MIL

is lit or whose readiness monitors

are unset. 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.

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

Division 10--Air Conservation Commission vehicle repaired.

The vehicle shall

be reinspected according

to the appropriate inspection period

as determined

by paragraphs (3)(C)2.

and (3)(C)3.

of this rule and the reinspection procedures described

in subsection (3)(])

of this rule; and 14

. If the emissions inspection

is aborted by the MDAS software

or the emissions inspector,

the emissions inspection station shall provide

the vehicle owner

or driver with the emissions

VIR described

in subsection (4)(K)

of this rule that indicates

that the OBD test was aborted. (I) Emissions Inspection Standards. Subject vehicles
shall
fail the emissions inspection

if the vehicle does not meet
the OBD test standards specified

in 40 CFR part 85, subpart

W, section 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

# Chapter 5-Air Quality Standards

and Air Pollution Control Rules Specific

to the St. Louis Metropolitan

Area the vehicle
and have the vehicle reinspected; or

B. Apply

for

a cost-based waiver according

to the requirements

in paragraphs (3)(1()1.-(3)(1()5.

of this rule. (K) Emissions Inspection Waivers

and Exemptions

. 1. Cost-based waivers. Vehicle owners or purchasers

shall

be issued

a cost-based waiver

for their vehicle under
the following conditions:

A. The subject vehicle

has 

# failed

the initial emissions inspection,

hashad 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 linkconnector 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

tofulfill 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

hassubmitted

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 therequirements

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 thedepartment,

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 thevehicle's repairs

or estimated repairs

in the case of

a cost-based estimate waiver application; and



# F. To the extent practical,

thedepartment 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

onqualifying repairs

for cost-based waiversshaliA. Exceed
four hundred
fifty dollars ($450)

for vehicles

not fully repaired solely ROBIN CARNAHAN 

# Secretary

of State 

# (4/30/09)



# 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 thepurchase and 

# installation

of the following
parts listed

in 40 CFR 51.360(a)(5)

will beaccepted:

(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 accessoriesdirectly associated

with these parts.



# If theemissions 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
issueddocumentation 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 qualifiedemissions 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 anemissions 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 repairsperformed

on the vehicle before

the initialemissions 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 

# 10CSR10·5~ (I) Emissions control devices

or data link connectors

that have been found during either

a safety

or an emissionsinspection

to be tampered
with, renderedinoperative,
or removed, (II) the MIL;

or (III) for OBD communications

fail

# ures;

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 catalyticconverter replacements

that
do not conform

to the EPA's Aftermarket Catalytic Converter (AMCC) enforcement
policy.
The EPA's AMCC enforcement
policy

is herebyincorporated

by reference

in this rule

. This rule does not incorporate

any subsequentamendments

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**~**

10 CSR 10·5-DEPARTMENT

OF NATURAL RESOURCES Association.

M. Not include expenses

that are incurred

for the restoration

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

of sensor simulators, engine control module upgrades,

or other aftermarket components

that disable readiness monitors

or in any way bypass

or compromise

the vehicle manufacturer's emissions control system;

and N. Not include costs
for emissions repairs

or adjustments covered

by

a vehicle manufacturer's warranty, including

the minimum federal catalytic converter warranty period

of eight
(8) years

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

or contractual maintenance agreement.

The emissions repair costs covered

by warranty, insurance, or maintenance agreements

shall

be separated from other emissions repair costs and shall not be applied toward

the cost-based waiver minimum amount.

The operator

of

a vehicle within

the statutory

age and mileage coverage under subsection 207(b)

of the federal Clean Air Act shall present

a written denial

of warranty coverage,

with

a complete explanation, from the manufacturer

or authorized dealer

in order
for this provision

to be waived. 3

. The vehicle operator
shall present

the original

of all itemized repair receipts

to the department representative

to demonstrate 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

the quantity

or each type
of part(s)
that were serviced

or replaced; H. Describe

the readiness monitors that were either

set
to ready

or left unset; I. Describe

the diagnostic test(s) performed after
the repairs were completed

to verify
that the vehicle's emissions control system

is now operating

as it was designed

to operate

by the manufacturer; J. Clearly

list the labor costs,

if the vehicle
was repaired

by

a repair technician, and the part(s) costs separately

for each repair item; K. Include

the repair technician's name (printed

or typed), signature

and,

if applicable,

the unique identification number of the Recognized Repair Technician

that performed

the repair work; and L. Confirm

that payment

was collected or financed

for the services rendered and/or parts replaced

as listed
on the itemized repair receipt(s)

. 4. Cost-based estimate waivers. Vehicles shall

be issued

a cost-based estimate waiver under

the following conditions: A. The subject vehicle

has failed
the initial emissions inspection

or reinspection after repair(s)
with

a single 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

Division 1G-Air Conservation Commission 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 (4130/09)

ROBIN CARNAHAN Secretary

of State

## Chapter 5-Air Quality Standards

and Air Pollution Control Rules Specific

to the St. louis Metropolitan

Area received

a mileage-based exemption

to the vehicle owner

or driver. 

### 10. GVWR exemptions. Provided

the emissions inspector verifies
that the vehicle

is over eight thousand

five hundred pounds (8,500 lbs.) 

### GVWR,

the MDAS shall issue
an emissions inspection
VIR, with

an indicator to 

### show that the vehicle

has received

a GVWR exemption

to the vehicle owner

or driver. 11. The contractor

shall provide

the means

to issue out-of-area, reciprocity, mileage,

and GVWR waivers, exemptions, and VIRs, from either

the department's offices

or from

a portable solution

as required

by the contract. (L) Quality Control Requirements. 

### 1. Quality control

for the contractor(s). The department

shall appoint entities under contractual agreement

with the department

to facilitate

the operating

of decentralized

emissions inspection stations

that will conduct vehicle emissions

for the purpose

of reducing or preventing vehicle pollution

thatcontributes

to ground-level

ozone formation. 2. Quality control

for emissionsinspection 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 theprovisions

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 emissionsinspectors.

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 trainingrequirements.

B. Failure

to comply with theprovisions

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, uniqueidentiROBIN CARNAHAN Secretary

of State (4/30/09)



### fication number,
date
of license issuance,

stations

of employment,

date
of 

### any license
suspensions

or revocations,

and

a list ofinspection results

by date and by 

### model year, make, model,
and VIN. 

### 4. Quality control

for emissionsinspection records. A. All inspection records, calibration records,

and control charts shall
beaccurately 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 assuranceprocedures.

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 thecontract.

(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
beperformed

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 contractoraccording
to demonstrated

good engineeringprocedures.

E. Computer control

of qualityassurance 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 thecontractor. (M) 

### Vehicle Registration.

After

a subject CODE

OF STATE REGULATIONS



## 10CSR10-5 

# ib vehicle

has passed

the emissions inspection according

to either paragraphs
(3)(H)

11. or (3)(1)2.

of this rule,

or received

a waiver according

to subsection (3)(K)

of this rule, the contractor

shall make electronically

available

to the MDOR

on

a real time basis
the emissions

and 

### any associated safetyinspection compliance records

to 

### enable vehicle registration

and compliance enforcement. Paper VIRs may not be used for registration purposes, unless



### the contractor's

real time vehicle inspection database

is not providing inspection information

to 

### the MDOR

on

a real time basis. The department

shallexpressly 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

aviolation 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 causeunannounced

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

ofemissions 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 issuingcostbased waivers; 

### F. The department's revocation

of Recognized Repair Technician
status

if the repair technician

is reported

by thedepartment

to the attorney general

for unlawful merchandising practices according

tosubsection 643.330.4, RSMo;

41**~**

10 CSR 10·5--0EPARTMENT

OF NATURAL RESOURCES G. Reporting

of unlawful merchandising practices

as defined

in state statute Chapter 407, RSMo,

by the department

to the attorney general

for appropriate

legal proceedings under sections 407.095

and 407.100, RSMo;
and H. Department

or MSHP requests

for investigation
and/or criminal

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

. 3. Lockouts.

The department

or MSHP may electronically
lockout

any emissions inspector, station, MRRT,

or equipment

if the department

or MSHP identifies

any irregularities within

the emissions inspection database

or any irregularities identified

during either overt

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

or revocations,

or arrests.
The state's contractor shall display

a lockout warning

on the monitor of any inspection equipment

that

is locked out by the department

or MSHP. Lockouts shall prevent

the 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

(Ill) 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)(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

Division 1o-Air Conservation Commission more than three
(3) years. 6. Civil penalties. Installing catalytic converters

that

do not conform

to EPA's AMCC enforcement
policy, which

is incorporated

by reference

in subparagraph (3)(K)2.L.

of this rule,

or installing aftermarket components

that

in any way bypass

or compromise

the vehicle manufacturer's

emissions control system

on

a vehicle operated

in the ozone nonattainment

area

is

a violation

of this rule and the federal Clean Air Act section 203(a)(3)

(42 U.S.C. 7522 (a)(3))
and may result

in the penalties described

in the federal Clean
Air Act section 205(a)

(42 U.S.C. 7524 (a)). A. Any manufacturer

or new vehicle dealer who violates section 203(a)(3)(A)

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

of the federal Clean Air Act shall

be subject

to

a civil penalty

of not more than thirty-seven thousand

five hundred dollars ($37 ,500),

as promulgated

on December

11, 2008,

by 73 FR 75340

by the Office

of the Federal Register,
U.S. National Archives

and Records,

700 Pennsylvania Avenue NW, Washington,

DC 20408 which

is hereby incorporated

by reference

in this rule. This rule does not incorporate

any subsequent amendments

or additions

to the federal register.

Any violation

of section 203(a)(3)(A)

(42 U.S.C. 7522 (a)(3)(A)) shall constitute

a separate offense
with respect

to each motor vehicle

or motor vehicle engine.
B. Any person other than

a manufacturer

or new vehicle dealer who violates
section 203(a)(3)(A)

of the federal Clean Air Act (42 U.S.C. 7522 (a)(3)(A))

or any person who violates section 203(a)(3)(B)

of the federal Clean
Air Act (42 U.S.C. 7522 (a)(3)(B))
shall
be subject

to

a civil penalty

of not more than three thousand seven hundred fifty dollars
($3, 750),

as promulgated

on December

11, 2008

by 73 FR 75340, which is incorporated

by reference

in paragraph (3)(N)6.A.

of this rule. Any violation

of section 203(a)(3)(A)

(42 U.S.C. 7522 (a)(3)(A)) shall constitute

a separate offense
with respect

to each motor vehicle

or motor vehicle engine.

Any violation

of section 203(a)(3)(B)

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

a separate offense with respect

to each part
or component. (4) Reporting

and Record Keeping. (A) Passing Vehicles.

. 1. The VIR for the passing vehicle shall include:

A.
A vehicle description, including the license plate number

at the time

of inspection,

VIN, vehicle make, vehicle model, vehicle model year, fuel type, GVWR range, odometer reading

at the time

of the (4/30/09)

ROBIN CARNAHAN Secretary

of State

# Chapter 5-Air Quality Standards

and Air Pollution Control Rules Specific

to the St. Louis Metropolitan

Area vehicle's passing

the OBD test, county

of registration,

and the complete mailing address (street address,
city, 

# and zip code)

of the vehicle owner; B

. The date and time
of inspection; C

. The unique identification number of the licensed emissions inspectorperforming the inspection,

the unique identification number

and location

of the inspection station, and the unique identification number

of the inspection equipment; D

. The applicable inspection

stan

# dards;

E. The passing OBD test results; 

# F. The results

of the recall provisions check,

if applicable, including

the recallcampaign;

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 forvehicle registration purposes. 2. The windshield sticker

for the passing vehicleshaiiA. 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 emissionsinspection,

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

insubsection (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 thefailing vehicle shall include: 1. A vehicle description, including

the license plate number

at the time

ofinspection, 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)


# complete mailing address (street address, city, and zip code)

of the vehicle owner; 2. The date and time
of inspection; 3. The unique identification number

of the licensed emissions inspector performing the test, the unique identification number

and location

of the 

# inspection station,

and 

# the unique identification number

of theinspection 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

isincorporated by reference

in this rule,

as published

by the EPA, Office

of Transportation

and Air Quality, 2000 Traverwood,

Ann 

# Arbor,

MI 48105

on April



# 5, 2001. This rule does not incorporate

any subsequent amendments

or additions

to section 2223; 6. The results

of the recall provisions check,

if applicable, including

the recallcampaign;

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 thecommunications
test described

in subparagraph (5)(B)3.B.

of this rule,
thenon-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 failingvehicle and provided

by the inspection station

to the motorist
with the VIR described

insubsection (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 thatconducted 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 belimited to, the following: 

# l. The name

of each facility, address, and phone number; CODE

OF STATE REGULATIONS



# 10 CSR 10·5 

# ib 2. The percentage

of vehicles repaired by the repair facility
that passed

the firstreinspection;

3. Other information

as required

by the contract between

the department



# and thecontractor;


# and 4. How motorists

may obtain

the full or customized

list

of facilities employing Recognized Repair Technicians

from thecontractor

at no cost

to the motorist.

The list shall
be viewable

on

a publicly availablewebsite 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 whoperformed

the repairs and,

if applicable,

their Recognized Repair Technician'sidentification 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

forproviding 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 thecontractor.

1

. Any challenge regarding

theperformance

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 43ib10CSROFNATURALRESOURCESinspection,VIN,vehiclemake,vehiclemodel,vehiclemodelyear,fueltype,GVWRrange,odometerreadingatthetimeofthemostrecentemissionsinspection,countyofregistration,andthecompletemailingaddress(streetaddress,city,andzipcode)ofthevehicleowner;B.Theamountofmoneyacceptedbythedepartmenttowardthecost-basedwaiverandthedateandtimethatthecost-basedwaiverisissued;C.Theuniqueidentificationnumberofthedepartmentstaffissuingthecost-basedwaiver,thelocationofthedepartmentstaffpersonissuingthecost-basedwaiver,andtheuniqueidentificationnumberoftheinspectionequipmentusedtoissuethecost-basedwaiver;D.AstatementthattheresultshavebeentransmitteddirectlytotheMDOR,andthatthepaperVIRmaynotbeusedforvehicleregistrationpurposes;andE.Thestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."2.Thefrontofthecost-basedwaiverwindshieldstickershaiiA.Beaffixedontheinsideofthevehicle'sfrontwindshieldinthelowerlefthandcomerbythemotorist.Awaiverindicatorshallbeclearlyvisibleonthesticker.Previouswindshieldstickersaffixedtothewindshieldshallberemoved;B.Beasfraudresistantasrequiredbythecontractbetweenthedepartmentandthecontractor;C.Bevaliduntilthenextemissionsinspectionisrequiredasdefinedinsubsection(3)(B)ofthisrule;andD.Containthestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."(G)ReciprocityWaivers.1.ThereciprocitywaiverVIRshallinclude:A.Avehicledescription,includingthelicenseplatenumberatthetimeofinspection,VIN,vehiclemake,vehiclemodel,vehiclemodelyear,fueltype,GVWRrange,odometerreadingatthetimeofthevehicle'spassingtheOBDtest,countyofregistration,andthecompletenameandaddressofthevehicleowner;B.Thereciprocitywaiverdetermination;C.Thedateandtimethatthereciprocitywaiverisissued;D.Theuniqueidentificationnumberofthedepartmentstaffpersonissuingthereciprocitywaiver,thelocationofthedepartmentstaffperson,andtheuniqueidentificationnumberoftheinspectionequipmentusedtoissuethereciprocitywaiver;44E.ThestatewherethevehiclepasseditsOBDtest;F.AstatementthattheresultshavebeentransmitteddirectlytotheMDOR,andthatthepaperVIRmaynotbeusedforvehicleregistrationpurposes;andG.Thestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."2.ThereciprocitywaiverwindshieldstickershaiiA.Beaffixedontheinsideofthevehicle'sfrontwindshieldinthelowerlefthandcomerbythemotorist.Awaiverindicatorshallbeclearlyvisibleonthesticker.Previouswindshieldstickersaffixedtothewindshieldshallberemoved;B.Beasfraudresistantasrequiredbythecontractbetweenthedepartmentandthecontractor;C.Bevaliduntilthenextemissionsinspectionisrequiredasdefinedinsubsection(3)(B)ofthisrule;andD.Containthestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."(H)Mileage-BasedEmissions-ExemptVehicles.TheVIRforthemileage-basedemissions-exemptvehicleshallinclude:1.Avehicledescription,includingthelicense platenumberatthetimeofinspection,VIN,vehiclemake,vehiclemodel,vehiclemodelyear,fueltype,GVWRrange,odometerreadingatthetimeofthemostrecentsafetyinspection, countyofregistration,andthecompletemailingaddress(streetaddress,city,andzipcode)ofthevehicleowner;2.Thedatethattheexemptionisappliedforand/orthedateandtimethattheexemptionwasissued;3.Theuniqueidentificationnumberofthelicensedemissionsinspectorperformingthesafetyinspection,theuniqueidentificationnumberandlocationoftheinspectionstation,andtheuniqueidentificationnumberoftheinspectionequipment;4.Thetypeofmileageexemption,asdescribedinparagraphs(1)(B)7.and(1)(B)8.ofthisrule;5.AstatementthattheresultshavebeentransmitteddirectlytotheMDOR,andthatthepaperVIRmaynotbeusedforvehicleregistrationpurposes;and6.Thestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."(I)GVWR-BasedEmissions-ExemptVehicles.TheVIRfortheGVWR-basedemissions-exemptvehicleshallinclude:1.Avehicledescription,includingthelicense platenumberatthetimeofinspection,VIN,vehiclemake,vehiclemodel,vehiclemodelyear,fueltype,GVWRrange,CODEOFSTATEREGULATIONSDivision10-AirConservationCommissionodometerreadingatthetimeofthemostrecentsafetyinspection,countyofregistration,andthecompletemailingaddress(streetaddress,city,andzipcode)ofthevehicleowner;2.Thedateandtimeofthevehicle'ssafetyinspectionduringwhichthelicensedinspectorverifiedthatthevehiclehadaGVWRinexcessofeightthousandfivehundredpounds(8,500Ibs.);3.Theuniqueidentificationnumberofthelicensedemissionsinspectorperformingthesafetyinspection,theuniqueidentificationnumberandlocationoftheinspectionstation,andtheuniqueidentificationnumberoftheinspectionequipment;4.TheGVWRexemptiondetermination;5.AstatementthattheresultshavebeentransmitteddirectlytotheMDOR,andthatthepaperVIRmaynotbeusedforvehicleregistrationpurposes;and6.Thestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."(J)Out-of-AreaEmissions-ExemptVehicles.Theout-of-areawaiverVIRshallinclude:1.Avehicledescription,includingthelicense platenumberatthetimeofinspection,VIN,vehiclemake,vehiclemodel,vehiclemodelyear,fueltype,countyofregistration,andthecompletenameandaddressofthevehicleowner;2.Thedateandtimethattheout-of-areaexemptionisissued;3.Theuniqueidentificationnumberofthedepartmentstaffpersonissuingtheoutof-areawaiver,theuniqueidentificationnumberandlocationofthedepartmentstaffperson,andtheuniqueidentificationnumberoftheinspectionequipmentusedtoissuetheout-of-areawaiver;4.Thecountywherethevehicleisbeingoperated;5.AstatementthattheresultshavebeentransmitteddirectlytotheMDOR,andthatthepaperVIRmaynotbeusedforvehicleregistrationpurposes;and6.Thestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."(K)AbortedEmissionsInspections.TheabortedemissionsVIRshallinclude:1.Avehicledescription,includingthelicense platenumberatthetimeofinspection,VIN,vehiclemake,vehiclemodel,vehiclemodelyear,fueltype,GVWRrange,odometerreadingatthetimeofthemostrecentsafetyinspection, countyofregistration,andthecompletemailingaddress(streetaddress,city,andzipcode)ofthevehicleowner;(4/30/09)ROBINCARNAHANSecretaryofStateChapter5-AirQualityStandardsandAirPollutionControlRulesSpecifictotheSt.LouisMetropolitanArea2.Thedateandtimethatthevehicle'semissionsinspectionwasaborted;3.Theuniqueidentificationnumberofthelicensedemissionsinspectorperformingtheemissionsinspection,theuniqueidentificationnumberandlocationoftheinspectionstation,andtheuniqueidentificationnumberoftheinspectionequipment;4.Theabortedtestresult;and5.Thestatement:"ThisinspectionismandatedbyyourUnitedStatesCongress."(L)BeginningJanuary1,2008,usingamethodprovidedbythecontractor,federal,state,andlocalgovernmentagenciesshallsubmitalistofvehicles,byVIN,thatareoperatedbythegovernmentagenciesandthatarerequiredtobeinspectedduringeachcalendaryear.SubmittalsareduebyFebruary1ofeachcalendaryear.Ifthefirstisnotabusinessdayorisastateholiday,thelistshallbesubmittedtothecontractorbythefollowingbusinessday.Thecontractorwillauditthesesubmittalsbycomparingthelistofsubmittedvehiclestothedatabaseofinspectedvehiclestotrackgovernmentfleetcompliance.ThecontractorshallprovidethedepartmentwiththeresultsofthisauditbyApril1ofeachcalendaryear.(5)TestMethods.(A)Totheextentpossible,anOBDtest,asdefinedinsubsection(2)(V)ofthisrule,andthecontractshallbeperformedonall1996andlatermodelyearlightdutyvehiclesandlightdutytruckspoweredbygasolineandall1997andlatermodelyearlightdutyvehiclesandlightdutytruckspoweredbydiesel.(B)TheOBDtestshallfollowtheproceduresdescribedin40CFRpart85,subpartW,section2222.Section2222isincorporatedbyreferenceinthisrule,aspublishedbytheEPA,OfficeofTransportationandAirQuality,2000Traverwood,AnnArbor,MI48105onApril5,2001.Thisruledoesnotincorporateanysubsequentamendmentsoradditionstosection2222.1.IfthesubjectvehiclecannotbetestedwiththeOBDtestduetomanufacturerdesign,thenthesubjectvehicleshallbetestedwithonlyabulbchecktestdescribedinparagraph(5)(B)2.ofthisrule.2.Bulbchecktest.A.VehicleswillfailthebulbcheckportionoftheOBDtestifthemalfunctionindicatorlightisnotilluminatedwhilethekeyisintheonpositionandtheengineisoff(KOEO).B.VehicleswillfailthebulbcheckportionoftheOBDtestifthemalfunctionindicatorlightisilluminatedwhilethekeyisintheonpositionandtheengineisrunning(KOER).ROBINCARNAHANSecretaryofState(4/30/09)C.Vehicleswithkeylessignitionsshallbesubjecttoabulbchecktest.D.VehiclesthatfailtheKOEObulbcheckportiondescribedinsubparagraph(5)(B)2.A.ofthisruleoftheOBDtestshallfailtheOBDtest.Repairsmadetocorrectbulbcheckfailuresshallnotbeeligibleforcost-basedorestimate-basedwaivers.3.DatalinkconnectorandCommunicationstests.A.Datalinkconnectortest.VehicleswillfailthedatalinkconnectorportionoftheOBDtestiftheDLCisinaccessibleduetomanufacturerdesign,tamperedwith,blocked,ornotlocatedwherethemanufacturerlocatedtheDLC.TheemissionsinspectorshalldetermineandrecordthereasonforthisfailureintheMDASforprintingontheemissionsVIR.B.Communicationstest.VehicleswillfailthecommunicationsportionoftheOBDtestifthevehicledoesnotmaintainsufficientvoltagetotheDLCduringOBDcommunicationortransmitthenecessaryinformationtotheinspectionequipmentafterthree(3)thirty(30)-secondattempts.(I)Ifthevehicledoesnotcommunicateaftertwo(2)thirty(30)-secondcommunicationattempts,inspectorsshallverifythatavalidcommunicationsfailureexistsbyusingtheMDASOBDverificationtooltoverifythecommunicationfailureaccordingtothelanesoftwareprocedures.(II)IftheOBDverificationtooldeterminesthattheequipmentisnotcapableofcommunicatingwiththevehicle,theMDASshallautomaticallyaborttheOBDtestandgeneratetheemissionsVIRdescribedinsubsection(4)(K)ofthisrule.(Ill)IftheOBDverificationtooldeterminesthattheequipmentiscapableofcommunicatingwiththevehicle,inspectorsshallmakeone(1)additionalthirty(30)-secondcommunicationattempt.IfthevehicledoesnotcommunicatewiththeMDAS,theMDASshalldetermineandrecordthereasonforthisfailureandprintthisreasonontheemissionsVIR.C.VehiclesthatfailtheDLCorcommunicationsportionoftheOBDtestshallfailtheOBI?test.D.RepairsmadetocorrectfailuresforDLCsthathavebeentamperedwith,renderedinoperative,orremoved,orfailuresforOBDcommunicationsasdescribedinparts(5)(B)3.A.and(5)(B)3.B.ofthisrule,shallnotbeeligibleforcost-basedorestimatebasedwaivers.4.Readinessmonitortest.A.1996-2000modelyeargasolinepoweredvehiclesmaypassthereadinessmonitorportionoftheOBDtestiftheyhaveCODEOFSTATEREGULATIONSnomorethantwo(2)unsetnon-continuousreadinessmonitors.B.2001andnewermodelyeargasoline-poweredvehiclesmaypassthereadinessmonitorportionofthetestiftheyhavenomorethanone(1)unsetnon-continuousreadinessmonitor.C.Gasoline-poweredvehiclesthatfailtheOBDtestwithacatalyticconverterDTC(P0420-P0439)presentmusthavethecatalystmonitorresettopassthereadinessmonitorportionoftheOBDretest.D.Gasoline-poweredvehicleswillfailthereadinessmonitorportionoftheOBDtestifthefollowingnon-continuousmonitorsarenotsupported:(I)Oxygensensor;and(II)Catalyst.E.VehiclesthatareonthereadinessexemptiontablemaintainedbythecontractorandauthorizedbythedepartmentshallbeexemptfromthereadinessmonitorportionoftheOBDtest.F.VehiclesthatfailthereadinessmonitorportionoftheOBDtestshallfailtheOBDtest.VehiclesmustpassthereadinessmonitorportionoftheOBDtesttobeeligibleforacost-basedorestimate-basedwaiver.G.Repairsmadetocorrectfailuresforreadinessmonitortamperingcausedbytheinstallationofaftermarketcomponentsshallnotbeeligibleforcost-basedorestimate-basedwaivers.5.Diagnostictroublecodetest.A.VehicleswillfailthediagnostictroublecodetestiftheOBDsystemhasstoredatleastone(1)mature(non-pending,non-historic)DTCthatcommandsthemalfunctionindicatorlighttobeilluminated.B.VehicleswillfailthediagnostictroublecodetestifthevehiclecommandstheMILtobeilluminatedbuttheOBDsystemhasnomature(non-pending,non-historic)DTCsstoredinthesystem.C.Thecontractorshallensurethattheirinspectionequipment'srequestforDTCsdoesnotcausetheMILtobeilluminated.D.VehiclesthatfailtheDTCportionoftheOBDtestshallfailtheOBDtest.(C)IfthesubjectvehiclepassestheOBDtestaccordingtotheOBDteststandardsspecifiedinsubsection(3)(1)ofthisruleandalloftheOBDtestproceduresdescribedinsection(5)ofthisrule,thentheproceduresinparagraph(3)(H)3.ofthisruleshallbefollowed.(D)IfthesubjectvehiclefailstheOBDtestaccordingtotheOBDteststandardsspecifiedinsubsection(3)(1)ofthisruleoranyoftheOBDtestproceduresdescribedinsection(5)ofthisrule,thentheproceduresinparagraphs45**~**

10 CSR 10-5-DEPARTMENT

OF NATURAL RESOURCES (3)(H)6

., (3)(H)7.,

and (3)(J)2.

of this rule shall
be followed. AUTHORITY:
section 643.310

. 1, RSMo Supp. 2008.

* Original

rule filed Jan.
16

, 2007, effective
Aug

. 30, 2007

. Amended: 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

ater than ten thousand pounds (10,000 lb

); 2. Is powered

by

a diesel engine;

and . Is designed primarily

for transporting perso

or property

on

a public street

or highwa (E)

I 'ng- The operation

of an engine 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

veh

i cle, 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 enforce

tcial; 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

Division 10--Air Conservation Commission cy;

3. A police,
fire, ambulance,

pub!' safety, utility service vehicle, military, o r emergency

or law enforcement vehicle

or any heavy duty diesel vehicle being u d

in an emergency capacity, idling while

in an emergency

or training mode,
and no for the 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 StateOrder

of Rulemaking Pursuant

to 643.055 RSMo,

the Missouri

Air Conservation Commission

has determined

that this action

is needed

to have

a U.S. Environmental Protection Agency approved
State Implementation

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

is hereby AMENDED

by the Missouri

Air Conservation Commission this 3rd day
of February, 2009. **_;, A.~7~** 

**-1-}-L /.....::**  **~** ... =======---

'' Chairman **~}/ lfc~l** 

, Vice-Chairman **t~o....-**

........ **,..~--**

**-""' ..,..,£**  **..,..<-::::.::;**

**_._ __,.,'V..,_____._** 
Member **ry~**

**--- _/~co~** 

**.___- /**  ____ **~** __ **v-_~--~-~~~**

**-- ~~~**  **~--------------**
**IMember** -

I **---~'~1-~ ------------** 

**---- -'Member**  __ __ __________ _________________

,Member **-- --**  **-------- ----------------~-** 

**,Member**Technical Support Document

for the Amendment

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

1 The amendment

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

will have negligible impact

on emissions because

the majority

of changes clarify the rule requirements.

These clarifications

are designed

to increase

the integrity

of the program

by adding clear auditing

and enforcement procedures. 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 exemption

s 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

du

e 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.Client:12145Class.:P.O.Box176Ad#211658SalesRep.:MWClass.:9700StartDate:11/06/2008PO#:Dept.ofNaturalResourcesRequestedBy:MaggieWilliamsmaggiew@newstribune.comPublicNoticesEndDate:CLASSIFIEDDEPARTMENTPhone:(573)751-0323JeffersonCity,MO65102Fax:(573)751-2706Phone:(573)761-0274Fax:(573)634-743311/06/2008Nb.of1PrintedBy:MAGGIEPublications:NewsTribunePaidAmount:$0.00TotalPrice:Balance:1$263.00--+MISSOURIAIRCONSERVATIONCOMMISSIONWILLHOLDPUBUCHEARINGJEFFERSONCITY,MO-TheMissouriAirConservationCommissionwillholdapublichearingonMoreRestrictiveEmissionUmltatlonsforParticulateMatterIntheSouthSlLouisArea,RestrictionofEmissionofParllculateMatterfromIndustrialProcesses,On-BoardDiagnosticsMotorVehicleEmissionsInspection,ConstructionPermHExemptions,andthe2008Eight-HourOzoneStandardBoundaryRecommendationonThursday,December4,2008.ThePublicHearingwillbeginat9am.attheGovernorOfficeBuilding,200MadisonStreet,JeffersonCHy,Missouri.ThecommissionwillheartestimonyrelatedtothefollowingHem(s).•10CSR10-5.290(rescission)MoreRestrictiveEmissionUmHatlonsforParticulateMatterIntheSouthStLouisAreaThisproposedrescissionwillremoveanobsoleteregulationthatappliestoaspecificareaInSouthStLouis.ThisruleappliedspecfficatlytotheoperatingcondHionsandthecompliancescheduleofby-productcokeovenslocatedat526EastC&talanSlThelocationofthecokeovenswhichIsreferencedhasbeenoutofbusinessandInoperablesince1988.TheruleatsosetrequirementsfortherestrictionoffugitiveparllculatesIntheSouthStLouisarea,whichIsredundanttothestatewidefugitivedustrule10CSR10-6.170.Byremovingthisoutdatedrule,theCodeofStateRegulationswillbecomelessconfusingandcumbersome.•10CSR10-6.400(amendment)RestrictionofEmissionofParticulateMatterfromIndustrialProcessesTheproposedamendmentwilladdnewexemptionstotheruleforcoatingoperations,unitssubjecttoa-forestringentstandard,andunits$263.00Page1of3haveanuncontrolledpotential,d-emitlessthantheallowableemissions.TheamendmentwillalsocorrectcitationsintherulethatrefertoconstructionpermitexemptionsfoundIn10CSR10-6.061.•10CSR10-5.381(amendment)OnBoardDiagnosticsMotorVehicleEmissionsInspection.Thisproposedamendmentwillclarifytheexemption,Inspectionstation,vehicleinspectionandwaiverrequirementsoftheinspection/maintenanceprogramruleintheSlLouisOzoneNonattainmentArea.SomeoftheseclarificationshavebeenrequestedbytheMissouriStateHighwayPatrol,whoisinvolvedintheoversightoftheemissionsinspectionstations.Thisamendmentwillalsodefineandexemptspeciallyconstructedvehicles(Includingkit-cars)tomaketheruleconsistentwithcurrentpractices.•10CSR10-6.061(amendment)ConstructionPermitExemptionsThisproposedruleamendmentwilladdanexemptionfromconstructionpermitsfortheconstructionoftemporarystoragestructuresthroughoutthestateofMissourithatoccurasaresultofexceptionalevents(e.g.naturaldisastersorabundantharvestsexceedingavailablestoragecapacity).•2008Bghi-HourOzoneStandardBoundaryRecommendationOnMarch12,2008,theUnitedStatesEnvironmentalProtectionAgency(EPA)releasedanew8-hourozonestandard.ReleaseofthisstandardstartedatimeclockwithadeadlineofMarch19,2009forthegovernoroftheStateofMissouritosubmitarecommendationastowhichareasofthestateshouldbedesignatednonattainment(notmeeting_thestandard)forthenewozonestandard.Underthenewozonestandard,anareaisdesignatednonattainmentifitsthreeyeardesignvalueisgreaterthan75partsperbillion.Documentsfortheaboveitem(s)willbeavailableforreviewattheMissouriDepartmentofNaturalResources,AirPollutionControlProgram,1659ElmStreet,JeffersonCity,{573)751-4817andinthePublicNoticessectionoftheprogramwebsitewww.dnr.mo.gov/env/apcp/index.htrnl.Personswithdisabilitiesrequiringspecialservicesoraccommodationstoattendthemeetingcanmakearrangementsbycallingthedepartmentdirectlyat(573)526-4679,thedepartmenrstollfreenumberat(BOO)334-6946,orbywritingtwoweeksinadvanceofthemeetingto:MissouriDepartmentofNaturalResources,AirConservationCommissionSecretary,P.O.Box176,JeffersonCity,MO65102.Hearingimpairedpersonsmaycontacttheprogram.throughRelayMissouri,(800)735-2966.Thecommissionholdspublichearingsundertheprovisionsofchapter643,RSMo.CitizenswishingtospeakatthepublichearingshouldnotifythesecretarytotheMissouriAirConservationCommission,MissouriDepartmentofNaturalResources,AirPollutionControlProgram,P.O.Box176,JeffersonCity,Missouri65102-0176,ortelephone(573)526-4679.Thedepartmentre--fuestspersonsintendingtogive--!verbalpresentationsalsoprovideJwrittencopyoftheirtestimonytothecommissionsecretaryatthetimeofthepublichearing.Thedepartmentalsowmacceptwrittenoremailcommentsfortherecorduntil5p.m.onDecember11,2008;pleasesendtwocopiesofwrittencommentstoChief,OperationsSection,AirPollutionControlProgram,P.O.Box176,JeffersonCity,MO65102-0176.Email·commentsregardingruleactionsshallbesenttoapcprulespn@dnr.mo.govandemailcommentsregardingplanactionsshallbesenttoapcpsppn@dnr.mo.gov.AHwrittenand.emailcommentsandpublichearingtestimonywillbeequallyconsidered.PublichearingItemsmaybeadoptedbytheMissouri AirConserva,tionCommissionasprovidedforunderauthorityof643.050,RSMo.FormoreInformationoracompletemeetingagenda,IncludingItemsbeingpresentedforadoption,·contactlheMissouriDepartmentofNaturalResources'AirPollutionControlProgramat(573)751...CS17.-f.T.Nov.6:2008T·.PUBLIC HEARING 12/4/2008

Page

3 1 2
BEFORE

THE DEPARTMENT

OF NATURAL RESOURCES STATE

OF MISSOURI 3 4 5 Missouri

Air Conservation Commission 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: 314.644.1334PUBLIC HEARING 12/4/2008

Page4 1

P R

0 C E E D I N G

S 2
CHAIRMAN FOHEY: Okay.

At this point we'll 3 open the public hearing portion

of the meeting. 4

The hearing
will come

to order.

Let the 5 record show the following Commissioners

are present:

Mark 6 Fohey, Jack Baker, Kevin Rosenbohm,

Mark Garnett,
Gary 7 Pendergrass, Richard Rocha
and

R o 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: 314.644.1334I

- ") I

.

, ........

· . \

PUBLIC HEARING 12/4/2008

Page

12 1 largely been replaced

by new source performance standards 2 and other emission
unit specific rules. 3

So there

is not much usefulness

left

in the 4 thing,
but you've

got anti-backsliding

rules

at EPA that 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: 314.644.1334April15,2009Vol.34No.8MissouriRegisterPage775TitletO-DEPARTMENTOFNATURALRESOURCESDivision10-AirConservationCommissionChapter5-AirQualityStandardsandAirPollutionControlRulesSpecifictotheSt.LouisMetropolitanAreaORDEROFRULEMAKINGBytheauthorityvestedintheMissouriAirConservationCommissionundersection643.050,RSMo2000,thecommissionamendsaruleasfollows:10CSR10-5.381isamended.AnoticeofproposedrulemakingcontainingthetextoftheproposedamendmentwaspublishedintheMissouriRegisteronNovember3,2008(33MoReg1946-1960).Thosesectionswithchangesarereprintedhere.Thisproposedamendmentbecomeseffectivethirty(30)daysafterpublicationintheCodeofStateRegulations.SUMMARYOFCOMMENTS:TheMissouriDepartmentofNaturalResources'AirPollutionControlProgramreceivedsixteen(16)commentsontheproposedamendmentfromfive(5)sources:MasterAutoRepair,LouFuszToyota,Car-DocAutomotive,Al'sAutomotive&Tire,andtheU.S.EnvironmentalProtectionAgency(EPA).COMMENT#1:MasterAutoRepaircommentedthatallowingmotorvehiclesafety-onlyinspectionstationstoperformsafetyinspectionson1996andnewermotorvehiclescausesinconveniencesforthemotoringpublic,andthatthissituationrequiresmotoriststogototwo(2)differentshops(e.g.,SafetyonlyandGatewayVehicleInspectionProgram(GVIP)emissionstesting)tomeetstateofMissourirequirementsforvehicleregistrationrenewal.MasterAutoRepairfurthercommentedthatall1996andnewercarsshouldonlybeinspectedforemissionsandsafetyatMissouriStateHighwayPatrol(MSHP)licensedGVIPstations.RESPONSE:Sections643.303.2and307.360,RSMo,allowlicensedmotorvehiclesafetyinspectionshopsthatarenotparticipatingintheGVIPtoperformvehiclesafetyinspectionson1996andnewermodelyearvehiclesthataresubjecttoasafetyinspection.Thisemissionsruleestablishestherequirementstomeetthesestatutes.Therefore,norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#2:MasterAutoRepaircommentedthatallowingmotoriststoreceivevehicleemissionswaiverswhenrepairsexceedfourhundredfiftydollars($450)defeatsthepurposeofavehicleemissionstestingprogrambecauseavehicleownerisnotrequiredtorepairtheirvehicletoeliminateaknownemissionsproblem.MasterAutoRepairalsoquestionedthelogicofallowingrepairestimatesexceedingfourhundredfiftydollars($450)tobeissuedcost-basedwaivers.COMMENT#3:Al'sAutomotiveandTirecommentedthatcostbasedestimatewaiverprovisionshavebeennothingmorethanawayforthelow-endusedcardealerstobypasstheneedtosellacarthatmeetsemissionsstandards.Iftheusedcarthatthedealersellslastsonlytwo(2)years,thenthemotoristcanjunkitandbuyanotherone(l)thathasanestimate-basedwaiverandthecyclecontinues.Al'sAutomotiveandTirecommentedthattheyhavefirsthandexperiencewithsuchdealerssincetheyhavepassedsafetyoncarsandthecarlotdoesn'tworryaboutthefailedon-boarddiagnostics(OBD)results.Whiletheremaybelegitimatecarownersthatareplacedunderafinancialhardshiptomeettherequirementsoftheemissionsfailure,Al'sAutomotiveandTirecommentedthattheproposedestimatewaiverisnottheanswerbecausethisrulemakestheOBDtestawasteoftimeandmoney.COMMENT#4:LouFuszToyotacommentedthatcatalyticconvertersshouldberemovedfromthepartslistthatareeligibleforcostbasedwaivers.RESPONSEANDEXPLANATIONOFCHANGE:TheEPAdesignedcost-basedwaiversasacompromisebetweentwo(2)competingobjectives:inspectionandmaintenance(1/M)programeffectivenessandmotoristconvenience.AnI/MprogramwithwaiversisJesseffective,butismoreconvenientformotorists.AnliMprogramwithoutwaiversismoreeffective,butisJessconvenientformotorists.40CFR51.360allowsstateliMprogramstoissuerepairwaiverssothatmotoristscanmakehonestrepairattemptsandrenewtheirvehicleregistrationsevenifthevehicleisnotcompletelyrepaired.Section51.360subparagraph(a)(6)states,inpart,-"Inbasicprograms,aminimumof...$200for1981andnewervehiclesshallbespentinordertoqualifyforawaiver."Sections643.300to643.355,RSMo,collectivelyknownastheAirQualityAttainmentAct,establishMissouri'sbasicdecentralizedliMprogram.TheGVIPconformstothefederal requirementsestablishedbytheEPAforstatesthathaveareasinviolationofthefederalCleanAirAct.Specifically,section643.335.1,RSMo,requiresthattheMissouriAirConservationCommission(MACC)establish,byrule,arepairwaiveramountnogreaterthanfourhundredfiftydollars($450).UnlessthisstatuteisrescindedoramendedbytheMissouriGeneralAssembly,theGVIPmustincludethecost-basedwaiverprovisionsoftherule.Thetotalnumberofcost-basedwaiversissuedduringthefirstyearofGVIPwaslessthanone(1)percentofthefailedvehicles,sotheGVIPismaximizingprogrameffectivenesswhilestillprovidingsomemotoristconveniencerelatedtoexpensiverepairs.Theproposedamendmentaddedanestimate-basedwaiverrequirementbecausetherearesomenecessaryemissions-relatedcomponentsthatcostmorethanfourhundredfiftydollars($450).If,forexample,avehiclefailstheOBDtestwithacatalyticconverterdiagnostictroublecode(DTC),andneedsanewcatalyticconverterthatcostssixhundreddollars($600),andthemotoristintendstoseekawaiver,theycannotpurchasetheconverterwithoutexceedingthefourhundredfiftydollars($450)spendingminimum.Theestimatebasedwaiverallowsthemotoristtoreplacetheconverterwithinthenexttwo(2)yearsafterthewaiverisissued.Theproposedamendmentlimitsestimate-basedwaiverstooncepersinglediagnostictroublecode(DTC).Therefore,vehiclescannotqualifyforanestimatebasedwaiverifeitheracost-basedwaiveroracost-basedestimatewaiverwasissuedforthatvehicleduringapreviousbiennialinspectioncycleforthesamesingleDTC.Fewerthantwenty-fivepercent(25%)ofthecost-basedwaiverssubmittedduringthefirstyearoftheGVIPwereestimate-basedwaiverrequests.Inmostestimate-basedwaiverrequestcases,motoristshaverepairedseveralDTCssothatthevehiclehasonlyoneDTCwithanexpensiverepairremaining,sotheestimate-basedwaiveroptionisprovidingnecessarymotoristconveniencerelatedtoexpensiverepairs.Theproposedamendmentwassilentaboutwhethercatalyticconverterrepairswouldbeconsideredeligibleforcost-basedorestimate-basedwaiversandshouldclarifyhowcatalyticconverterreplacementswillbeconsideredforrepairwaivers.Whilesection643.335.1,RSMo,doesnotgivetheMACCthestatutoryauthoritytoexcludecatalyticconverterrepairsfromcost-basedandestimatebasedwaiverconsideration,section643.335.2,RSMo,doesgivetheMACCthestatutoryauthoritytoestablish,byrule,aprocedureforverifyingthatrepairandadjustmentwasperformedonafailingvehiclepriortothegrantingofawaiverandapproval.Therefore,newrulelanguageisbeingaddedtoclarifythatcatalyticconverterrepairsareacceptedforcost-basedandestimate-basedwaiversifthecatalyticconverterreplacementsconformtotheEPA'sAftermarketCatalyticConverter(AMCC)enforcementpolicy.NewrulelanguagewasalsoaddedtoclarifythatinstallingorassistingmotoristswiththeinstallationofaftermarketcatalyticconvertersthatdonotconformtotheEPA'sAMCCenforcementpolicyisaviolationofthisruleandwillleadtoenforcementbyeitherthedepartment,theMSHP,ortheEPA.Finally,newrulelanguagewasaddedsothattheregulatedcommunitywillknowwhattheincreasedcivilpenaltiesforviolatingtheEPA'sAMCCenforcementpolicyare.Page776OrdersofRulemakingApril15,2009Vol.34No.8WhilereviewingtheproposedamendmentinrelationtothecommentsfromMasterAutoRepairandLouFuszToyota,areferencetostaterule10CSR10-6.320SalesThxExemptionwasnoticedinparagraph(3)(K)3.oftheproposedamendment.However,staterule10CSR10-6.320isbeingrescindedbyaseparateruleactionduetoHouseBill1670(2008)passingtheMissouriGeneralAssembly.Therefore,thisreferenceisbeingremovedfromtherulelanguage,andtheautomotivepartsthatareairpollutioncontroldevicesandthereforeexemptfromstatesalestaxhavebeenaddedtotherulelanguage.COMMENT#5:MasterCarCarecommentedthatthestateshouldsetguidelinesontheamounttheGVIPvendor,SysTechInternational(STI),canchargeforconsumableofficesuppliesnecessarytoparticipateintheGVIP(e.g.,printerpaper,printerinkorcartridges,labels,etc.).COMMENT#6:Car-DocAutomotivecommentedaboutthecostsofconsumableofficesuppliesassociatedwithGVIPparticipation.CarDocAutomotivecommentedthatseveraloftheconsumableitemscanbepurchasedlocallyformuchlessthantheamountchargedbySTIandthattheseunregulatedcostscannotbeoffsetbythethirty-sixdollars($36)combinedsafetyandemissionsinspectionandproposedthatthestateestablishafixedcostmenulistforconsumables.RESPONSE:ThepurchaseofconsumablesisrequiredbythecontractbetweenSTIandGVIP-participatingstationstopreventtheequipmentwarrantyfrombeingvoidedbySTI.ConsumablessuchastonercartridgesorpaperaremailedbySTIemployeesortheirsubcontractorsassoonastheyareordered.ReplacementhardwarecomponentssuchasprintersanddigitalcamerasaredeliveredandinstalledbySTIemployees.ThedepartmentdoesnothavestatutoryauthoritytosetpricecapsonconsumablessuppliedbySTI.Therefore,norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#7:Car-DocAutomotivecommentedthattheplacingofawebcamorlanecameraontopoftheGVIPtestingequipmentwasaninvasionofprivacy.RESPONSE:ThelanecamerawasanenhancementofferedbySTIaspartoftheirbidtothestateandwasnotarequirementoftheRequestforProposal(RFP)issuedbythestate.TheruleamendmentrequiresthelanecameratobelocatedinsuchamannerastobeabletoallowdepartmentandMSHPauditorstowatchavehicleundergoingemissionsand/orsafetyinspections.Ifstateauditorshaveareasontoactivatethecamera,thelanecameraswillonlybeactivatedbythestatewhileastateinspectionisbeingperformed.Thelanecameraswillnotbeactivatedatanyothertime.Therefore,norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#8:Car-DocAutomotivecommentedthatthestateshouldundertakeapubliceducationprogramthatwouldinformmotoristsandlawenforcementofficialswhatOBDIIreadinessmonitorsareandwhatisnecessarytoresetthem.RESPONSE:Currently,thereisanongoingpubliceducationprogramregardingtheGVIP.Allpublicinformation,includinginformationaboutreadinessmonitorsandwhatisnecessarytoresetthem,isavailableontheGVIPwebsite,www.GatewayVIP.com.Inspectionand/orrepairstationscanalsoprovidepublicinformationregardingreadinessmonitorstotheircustomersbyviewingand/orprintinganypublicinformationtheyneedfromtheGVIPinspectionequipment.Therefore,norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#9:Car-DocAutomotivecommentedthatthestateshouldeliminatetherulerequirementforinspectionstationstotakeviewableelectronicphotosofavehicle'sdashboardvehicleidentificationnumber(VIN)duetothedifficultyoftakingviewablephotos.COMMENT#10:Al'sAutomotiveandTirecommentedthatVINpicturesfromthewindshieldarenotpracticalandwillnotalwaysbeclear.RequiringthetestingstationstoilluminatetheVINplatewithsupplementallighting,blockoverheadlightingwithasolidobject,ortakethephotoatananglesothatthecameraflashoroverheadlightsarenotreflectedbythewindshieldglassaddsmoretimetoanalreadylengthyprocess.Al'sAutomotiveandTirecommentedthattheywouldbehappytosubmitphotosofthecustomer'sVINplateasis,sothedepartmentandtheMSHPcanseehowoftenthetechnicianhastoclearclutterjusttogettotheVINplate.Al'sAutomotiveandTirealsocommentedthattheruleshouldbeamendedsothatthetechnicianisnotrequiredtoclear clutterfromtheVINplateandonlysubmitthephotoasis.RESPONSE:Therequirementforinspectionstationstotakeviewabledigitalphotosofavehicle'sdashboardVINisoneofseveralintentionaldesignfeaturesthathelpstomaintaintheintegrityoftheGVIP.ThephotographmustbeofthepubliclydisplayedVIN,andtheVINplateisthepubliclydisplayedVIN.Withoutconfirmationofthevehicle'sVIN,theGVIPcouldbevulnerabletoinspectionfraud.ThedepartmentandtheMSHPfrequentlyreviewvehicleinspectionphotos,andnotethatmanystationsareabletotakeviewableVINphotos.BoththedepartmentandtheMSHPbelievethatthisrequirementdoesnotimposeanundueburdenonlicensedinspectionstations.Therefore,norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#11:Car-DocAutomotivecommentedthattheexcessnumberofpagesneededtobeprintedforfailingandretestpassingtestsiswasteful.RESPONSE:ThedepartmentrecognizesthatthecurrentlanesoftwareversionprintstoomanypagesofpaperandisworkingwithSTItorectifythisproblem.Thenumberofpagesprintedforfailingandretestedvehicleswillbereducedbyalanesoftwareupgradeincalendaryear2009.Therefore,norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#12:Car-DocAutomotivecommentedthatSTIshouldprovideonlinetroubleshootingservicetoinspectionstationssoshopscansolveproblemsviaonlineremoteaccess.RESPONSE:Onlinetroubleshootingwasnotarequiredorrequestedfeatureofthestate'sRFP.However,STIisrequiredtoprovidea24-hourtoll-freehotlinewithlivesupportfrom8AMto6PMCentralTimeand,iftheproblemcannotbesolvedbythephonesupportpersonnel,anonsiteresponsewithinanaverageoffour{4)hours.ThedepartmentwillcontinuetomonitorSTI'sresponsetimetotroubleshootingservicecallstoensurecontractcompliance.Norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#13:Al'sAutomotiveandTirecommentedthatthestateeitherneedstoincreasetheinspectionfeetocovertheadditionalprintingcostsofmileage-basedwaiversstartingOctober1,2009,orsupplythepaperandtonernecessarytocoverthecostsofthisnewrequirement.RESPONSE:Section643.350.1,RSMo,establishesanemissionsinspectionfeecapofnogreaterthantwenty-fourdollars($24.00).Therefore,theemissionsinspectionfeecannotberaisedtocoverthecostsofissuingmileage-basedwaivers.However,thedepartmentwillworkwithSTItoensurethatmileage-basedwaiversareprintedonthesamepieceofpaperassafetyinspectionssothatnoadditionalprintingcostswillbeincurredbylicensedinspectionstationsthatissuemileage-basedexemptions.Norulelanguagechangewasmadeasaresultofthiscomment.COMMENT#14:Al'sAutomotiveandTirecommentedthattheMSHPneedstosupplyaconfirmationeitherviae-mailtothestationownerorviaMissouriDecentralizedAnalyzerSystem(MDAS)messagethatverifiesthecreditcountsthatwereaddedtotheMDASaftereachpurchaseofsafetyandemissioncredits.RESPONSE:ThedepartmentandtheMSHPwillworkwithSTItodevelopawaytoautomaticallynotifyaninspectionstationownerorApril

15, 2009 Vol.
34 No

. 8



### Missouri Register



## Page 777 manager when safety

or emissions

test authorizations

are uploaded

to the inspection station's GVIP equipment.

No rule language change was made

as

a result

of this comment. COMMENT

#15: Al's Automotive

and Tire commented

that the amendment
needs

to require
that the contractor reimburse

anyvehicle inspection database (VID) service

fee overcharges
within sixty (60) days because currently

the stations have
no recourse. RESPONSE

AND EXPLANATION

OF CHANGE:



### As

a result

of this comment,

rule language



### was added

to require
STI

to reimburse 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

adetermination
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 aninitial emissions inspection,

the vehicle owner

or driver shall pay no more than twenty-four dollars ($24)

to the licensed emissionsinspection station.
The inspection station shall determine

the forms

ofpayment 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 vehicleemissions 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 emissionsinspections

to the licensed emissions inspection station's MDAS.
The MDAS shall deduct
one (1) emissions credit authorization

for each passing emissions inspection

. B. Licensed inspection stations

are required

to maintain

asufficient positive quantity

of emissions credits

on their analyzer(s)

to prevent having

to tum away motorists

who have requested

aninspection.

C. At the time that

a licensed emissions inspection stationdiscontinues operation

or chooses

not
to renew

its emissions inspection license,

the department

will issue
the licensed emissions inspection station

a full refund

of two dollars
and fifty cents
($2

. 50) for each paid emissions inspection credit authorization

that remains

on the licensed emissions inspection station's MDAS.
The department

shall withdraw

the pre

- paid fees from
the "Missouri

Air Emissions Reduction Fund"

as established

by section 643.350, RSMo,
and send the existing balance

of the pre-paid

fees
to the licensed inspection

station. The MSHP
will then delete

all pre-paid emissions inspections from the inspection equipment. 

### 4. Vehicle inspection database (VID) service

fee. Licensed emissions inspection stations shall pay the contractor

three dollars and forty-five
cents ($3.45)

for each paid emissions inspection

that they perform.

The fee shall be made payable

to the contractor

and submitted monthly according

to the terms

of the contract between

the contractor

and the licensed emissions inspection stations.

Thecontractor 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 emissionsinspection, 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, thecommunications 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 controlcomponents 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 thissubparagraph.

(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

andnecessary signatures completed,
along with
all itemized receipts

ofqualifying 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

forqualifying repairs were made and that the parts were repaired/replaced

as claimed.

2. The minimum amount spent

on qualifying repairs

forcostbased waiversshallA. 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;Page778OrdersofRulemakingApril15,2009Vol.34No.8(III)EGRvalves;(IV)Evaporativecanisters;(V)PCVvalves;(VI)Airpumps;(VII)Distributors;(VIII)Ignitionwires;(IX)Coils;(X)Sparkplugs;and(XI)Anyhoses,gaskets,belts,clamps,brackets,orotheraccessoriesdirectlyassociatedwiththeseparts.Iftheemissionsfailureisnotrelatedtothepartslistedinthissubparagraph,thecostofreplacingsuchpartswillnotcounttowardsthewaiverminimum;C.Exceedtwohundreddollars($200)forallmotoristswhoprovidethedepartmentrepresentativewithreasonableandreliableproofthattheownerisfinanciallydependentonstateandfederaldisabilitybenefitsandotherpublicassistanceprograms.Theproofshallconsistofgovernmentissueddocumentationprovidingexplanationofthemotorist'sdisabilityandfinancialassistancewithregardtopersonalincome.Themotoristmustalsosubmittheappropriatecostbasedwaiverapplicationwiththeir"FinancialEligibilityWaiverRequest";D.Beinclusiveofpartcostspaidbymotoristsperformingqualifiedvehiclerepairsbythemselvesorforqualifiedemissionsrepairservicesperformedbyanyrepairtechnician.Laborcostsshallonlybeappliedtowardacost-basedwaiverifthequalifiedrepairworkwasperformedbyaRecognizedRepairTechnician;E.Notincludethefeeforanemissionsinspectionorreinspection;F.Notincludethefeeforasafetyinspectionorreinspection;G.Notincludechargesforobtainingawrittenestimateofneededrepairs;H.Notincludethechargesforrepairsnecessaryforthevehicletopassasafetyinspection;I.Notincludecostsforrepairsperformedonthevehiclebeforetheinitialemissionsinspectionfailureormorethanninety(90)daysaftertheinitialemissionsinspectionfailure;J.Notincludeexpensesthatareincurredfortherepairof:(I)Emissionscontroldevicesordatalinkconnectorsthathavebeenfoundduringeitherasafetyoranemissionsinspectiontobetamperedwith,renderedinoperative,orremoved;(II)theMIL;or(Ill)forOBDcommunicationsfailures;K.Notincludethestatesalestaxforthefollowingmotorvehiclepartsthatareairpollutioncontroldevices:(I)Airinjectionparts,airpumps,checkvalves,andsmogpumps;(II)Catalyticconverters(universalconverters,directfitconverters,converterkits);(III)Exhaustgasrecirculation(EGR)valves;(IV)Evaporativecanistersandcanisterpurgevalves;(V)Positivecrankcaseventilation(PCV)valves;and(VI)Anyvehiclepartsthatservetheequivalentfunctionsofthepartslistedinparts(3)(K)2.K.(I)-(3)(K)2.K.(V)ofthisrule;L.NotincludecostsandexpensesassociatedwithaftermarketcatalyticconverterreplacementsthatdonotconformtotheEPA'sAftermarketCatalyticConverter(AMCC)enforcementpolicy.TheEPA'sAMCCenforcementpolicyisherebyincorporatedbyreferenceinthisrule.ThisruledoesnotincorporateanysubsequentamendmentsoradditionstotheEPA'sAMCCenforcementpolicy:(I)TheNoticeofProposedEnforcementPolicyregardingthe"SaleandUseofAftermarketCatalyticConverters,"publishedonAugust5,1986,by51FR28114aspublishedbytheOfficeoftheFederalRegister,U.S.NationalArchivesandRecords,700PennsylvaniaAvenueNW,Washington,DC20408;(II)Thepublication"WhatYouShouldKnowAboutUsing,InstallingOrBuyingAftermarketCatalyticConverters"publishedinSeptember2000bytheU.S.EnvironmentalProtectionAgency(EPA),OfficeofAirandRadiation,OfficeofTransportationandAirQuality,1200PennsylvaniaAvenueNW,Washington,DC20460;and(III)Theletter"SaleandUseofAftermarketCatalyticConvertersforVehiclesEquippedwithOn-BoardDiagnostic(OBD11)Systems"sentonSeptember30,2004,bytheU.S.EnvironmentalProtectionAgency(EPA),OfficeofEnforcementandComplianceAssurance,1200PennsylvaniaAvenueNW,Washington,DC20460totheManufacturersofEmissionControlAssociation.M.Notincludeexpensesthatareincurredfortherestorationofthevehiclemanufacturer'semissionscontrolsystemduetotheinstallationofsensorsimulators,enginecontrolmoduleupgrades,orother aftermarketcomponentsthatdisablereadinessmonitorsorinanywaybypassorcompromisethevehiclemanufacturer'semissionscontrolsystem;andN.Notincludecostsforemissionsrepairsoradjustmentscoveredbyavehiclemanufacturer'swarranty,includingtheminimumfederalcatalyticconverterwarrantyperiodofeight(8)yearsoreightythousand(80,000)miles,insurancepolicy,orcontractualmaintenanceagreement.Theemissionsrepaircostscoveredbywarranty,insurance,ormaintenanceagreementsshallbeseparatedfromotheremissionsrepaircostsandshallnotbeappliedtowardthecostbasedwaiverminimumamount.Theoperatorofavehiclewithinthestatutoryageandmileagecoverageundersubsection207(b)ofthefederalCleanAirActshallpresentawrittendenialofwarrantycoverage,withacompleteexplanation,fromthemanufacturerorauthorizeddealerinorderforthisprovisiontobewaived.3.Thevehicleoperatorshallpresenttheoriginalofallitemizedrepairreceiptstothedepartmentrepresentativetodemonstratecompliancewithparagraph(3)(1{)2.ofthisrule.Theitemizedrepairreceipt(s)shaiiA.Includethename,physicaladdress,andphonenumberoftherepairfacilityandthemodelyear,make,model,andVINofthevehiclebeingrepaired;B.Describethediagnostictest(s)performedtoidentifythereasonthevehiclefailedanemissionsinspection;C.Describetheemissionsrepair(s)thatwereindicatedbythediagnostictest(s);D.Documenttheemissionsrepairsperformedwereauthorizedbythevehicleowneroroperator;E.Describetheemissionsrepairsthatwereperformedbytherepairtechnicianorvehicleowner;F.Forcatalyticconverterreplacements,includeasaseparateattachmentthedocumentationthattheEPA'sAMCCenforcementpolicyrequiresofthecatalyticconverterretailseller,vehicleownerand/orinstaller.Catalyticconverterreplacementswillonlybeacceptedtowardsacost-basedwaiveriftheyareinstalledongasoline-poweredvehiclesthathavefailedthemostrecentOBDtestwithatleastone(l)catalyticconverterIJfC(P0420-P0439)asrecordedonafailingVIRdescribedinsubsection(4)(B)ofthisrule.G.Describethevehiclepart(s)andthequantityoreachtypeofpart(s)thatwereservicedorreplaced;H.Describethereadinessmonitorsthatwereeithersettoreadyorleftunset;I.Describethediagnostictest(s)performedaftertherepairswerecompletedtoverifythatthevehicle'semissionscontrolsystemisnowoperatingasitwasdesignedtooperatebythemanufacturer;J.Clearlylistthelaborcosts,ifthevehiclewasrepairedbyarepairtechnician,andthepart(s)costsseparatelyforeachrepairitem;K.Includetherepairtechnician'sname(printedortyped),signatureand,ifapplicable,theuniqueidentificationnumberoftheRecognizedRepairTechnicianthatperformedtherepairwork;andL.Confirmthatpaymentwascollectedorfmancedfortheservicesrenderedand/orpartsreplacedaslistedontheitemizedrepairreceipt(s).4.Cost-basedestimatewaivers.Vehiclesshallbeissuedacostbasedestimatewaiverunderthefollowingconditions:

# April

15, 2009 Vol.
34 No.8



# Missouri Register



# Page 779 A. The subject vehicle

has failed
the initial emissionsinspection
or reinspection

after repair(s)
with

a single DTC. B. The vehicle

has 

# passed

the bulb check
test described

in subparagraph (5)(B)2.A.

of this rule,
the data link 

# connector

test described



# in subparagraph (5)(B)3.A.

of this rule,
thecommunications 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

acostbased waiver

or

a cost-based estimate waiver during

a previousbiennial inspection
cycle
for the same single DTC; D

. The vehicle owner
has 

# paid for

a diagnostic

test
of that DTC

by

a Recognized Repair Technician

or

a vehicle repair business that specializes

in

a particular make

of vehicle

or type


# of repair (e.g., transmission repairs),
with the items tested and the results described on the repair estimate;

and E. The diagnostic

test results
and parts required

for the repair of the single DTC are documented

by the shop

to exceed fourhundred 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
anindicator

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

ordriver, 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 thefollowing states: Alaska, Arizona, Connecticut, Delaware, District

of Columbia, Georgia, Illinois, Louisiana, Maine, Massachusetts, Maryland, Nevada,
New Hampshire,

New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee unless tested

in Shelby County (Memphis), Rhode Island, Texas, Utah, Vermont, Virginia, Washington,

and Wisconsin. B. Should

any of these states discontinue

the use of pass/fail OBD inspections,

the reciprocity waiver shall not be granted. 9. Mileage exemptions. Provided

the vehicle owner

or driver submits

the required information described

in subsection (4)(H)

of this rule,
the department

or the MDAS shall issue

an emissions inspection
VIR, with

an indicator

to show that the vehicle

has received

a mileage-based exemption

to the vehicle owner

or driver. 10. GVWR exemptions. Provided

the emissions inspector
verifies that the vehicle

is over eight thousand

five hundred pounds (8,500 Ibs.) GVWR,

the MDAS shall issue

an emissions inspection VIR, with
an indicator

to show that the vehicle

has received

a GVWR exemption

to the vehicle owner

or driver

. 11. The contractor

shall provide

the means

to issue out-of-area, reciprocity, mileage,



# and GVWR waivers, exemptions,



# and VIRs, from either
the department's
offices

or from

a portable solution

as required

by the contract. (N) 

# Violations

and Penalties. 1. Criminal penalties. Persons violating

this rule shall

besubject

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

beconducted

in accordance

with this emissions inspection

rule. Thedepartment shall cause unannounced

tests
of facilities which inspect, repair, service,

or maintain motor vehicle emissions components

andequipment, 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 issuingcostbased waivers; 

# F. The department's revocation

of Recognized
Repair Technician
status

if the repair technician

is reported

by thedepartment

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 theattorney 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

theemissions 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
shallprevent 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 platepictures that do not match
the license plate recorded

on the VIR,

orfailing 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) andparagraph (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;Page 780

Orders

of Rulemaking

April

15, 2009 Vol. 34 No.8 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 MRRI' 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 (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 Register,

U

. S

. National Archives

and Records,

700 Pennsylvania Avenue NW, Wolshington,

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. 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