Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XVI. PUBLIC HEALTH

CHAPTER 111. PUBLIC HEALTH

NUISANCES

Chapter 111: Section 142M. Motor vehicle emissions inspection and repair; definitions; 

rules and regulations; inspection facilities; waivers; quality assurance program; violations 

Section 142M. (a) As used in this section, the following words shall have the following 

meanings unless the context clearly requires otherwise: 

“Commissioner”, the commissioner of environmental protection. 

“Department”, the department of environmental protection. 

“Dynamometer”, a device which applies a load to a vehicle’s drive wheels while 

operating in a stationary, secure position to simulate actual driving conditions for an 

emissions inspection. 

“Electronic network”, or “network”, a computerized communication system including, 

but not limited to, the computers, communications devices and software for such system 

which links emissions analyzers, the department’s emissions database, and the registry of 

motor vehicles’ registration database and which allows the department and the registry to 

store and analyze data on motor vehicle emissions inspections, motor vehicles and 

emissions inspectors. 

“Emissions analyzer”, a device which measures the volume of air pollutants and gases in 

motor vehicle exhaust. 

“Emissions inspection”, a component of the periodic staggered inspection of motor 

vehicles required by section 7A of chapter 90 including, but not limited to, the inspection 

of a motor vehicle’s emissions control equipment, including its computer system relating 

to emissions, the measurement of air pollutant concentrations or mass in vehicle exhaust 

with an analyzer while the vehicle is operated on a dynamometer, the verification of 

vehicle fuel system integrity and the entry of a complete emissions inspection record in 

the registry’s database for the vehicle being inspected, as prescribed by the department in 

regulations and performed by an emissions inspector. 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

“Emissions inspection certificate” or “inspection certificate”, a printed statement, 

instrument or device in a form prescribed by the registrar, in consultation with the 

commissioner, which provides inspection information and facilitates effective 

enforcement of the emissions inspection and maintenance requirements of this section 

and chapter 90. 

“Emissions inspection facility”, a facility, licensed by the registrar under section 7W of 

chapter 90 for conducting motor vehicle emissions inspections and other related duties. 

“Emissions inspector”, a properly trained person, licensed by the registrar and certified 

by the department and meeting the department’s requirements for performing motor 

vehicle emissions inspections. 

“Emissions repair technician”, a person registered with the department and meeting 

departmental training standards for diagnosing and repairing motor vehicles which fail an 

emissions inspection. 

“Emissions inspection and maintenance program” or “I&M program”, a component of 

the periodic staggered motor vehicle inspection required by section 7A of chapter 90 

which shall include motor vehicle emissions inspections, including accurate and effective 

testing of vehicles, using emission testing equipment, visual and functional tests of 

evaporative systems, rigorous compliance and enforcement activities and quality

assurance and quality control procedures which promotes effective emissions repair and 

maintenance of the motor vehicle. 

“Evaporative emissions test”, a test administered to determine whether there are leaks in 

a vehicle’s fuel or evaporative control system, such as purge functions of a vapor 

canister. 

“Emissions waiver certificate”, a written statement, instrument or device indicating that 

the requirement of compliance with the emissions standards and criteria for the emissions 

component of the motor vehicle inspection program has been waived for a particular 

motor vehicle. 

“On-road test”, a field test designed and conducted to assess the emissions of motor 

vehicles. 

“Registrar”, the registrar of motor vehicles. 

“Registry”, the registry of motor vehicles. 

“Tampering”, (i) the act of removing or rendering inoperative any device or element of 

design installed on or in a motor vehicle or motor vehicle engine in compliance with 

regulations under section 203(a) of the federal Clean Air Act prior to its sale and delivery

to the ultimate purchaser; or (ii) for any manufacturer or dealer knowingly to remove or 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

render inoperative any such device or element of design after such sale and delivery to 

the ultimate purchaser. 

“Vehicle identification number” or “VIN”, the unique number assigned to each vehicle 

by the vehicle manufacturer identifying specific vehicle characteristics, such as make, 

model, model year, pollution control devices and the particular vehicle itself. 

(b) Pursuant to this section, the department shall develop the standards, requirements and 

rules and regulations for the emissions component of the periodic staggered inspection 

program established pursuant to section 7A of chapter 90. It shall be the responsibility of 

the department, under authority of this chapter, to provide the direct primary oversight of 

the operational and environmental aspects of the emissions component of the inspection 

program. Nothing in this section shall be construed to require the leasing or purchasing of 

a dynamometer, an emissions analyzer or any necessary computer hardware or software 

by an emissions inspection facility from the network contractor; provided, however, the 

network contractor shall provide access to the data acquisition and management network 

to any emissions inspection facility who purchases or leases a dynamometer, emissions 

analyzer or necessary computer hardware or software through sources other than the 

network contractor so long as such equipment complies with testing equipment 

specifications as established by the commissioner in consultation with the registrar. Any

requests for proposals for contracting with a network contractor shall require that the 

commissioner, in consultation with the registrar, shall have oversight over the charge 

assessed by the network contractor for access to the data acquisition and management 

network to emissions inspection facilities who purchased equipment through sources 

other than the network contractor; provided, however, that notwithstanding the provisions

of this section, the commissioner and the registrar may require emissions inspection 

facilities to obtain, lease or purchase such equipment from the network contractor upon 

the determination that allowing emissions inspection facilities to lease or purchase such 

equipment through sources other than the network contractor would result in an increase 

in the inspection fee. Said determination shall be made by the commissioner and 

registrar, in consultation with the secretary of administration and finance, only upon a 

finding that no feasible option exists by which emissions inspection facilities may obtain 

such equipment through sources other than the network contractor without increasing the 

inspection fee. The amount of said fee for said inspection shall be uniform statewide. It 

shall be the responsibility of the registrar, under authority of chapter 90, to license 

inspection facilities and inspectors and to register vehicles complying with the inspection 

program requirements and to conduct audit and enforcement activities related thereto. 

The department, on behalf of the commonwealth, shall be responsible for submitting all 

appropriate and required program regulations on the motor vehicle emissions component 

of the inspection and maintenance program and applicable revisions to the state 

implementation plan to the United States Environmental Protection Agency, in 

accordance with the requirements of the federal Clean Air Act. The department, in 

conjunction with the registry, may develop and implement a demonstration or pilot of the 

motor vehicle emissions inspection program or elements of such program to evaluate the 

effectiveness of such program, or elements of such program, in successfully reducing air 

contaminants emitted by motor vehicles in the commonwealth as required by federal law. 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

The emissions component of the inspection program shall be required statewide, shall be 

conducted on a staggered basis throughout the year and shall be required of each subject 

motor vehicle at least every two years unless otherwise exempted or specified by the 

department. The commissioner shall establish rules and regulations specifying which 

motor vehicles shall be subject to the motor vehicles emissions component of the 

inspection program. 

The commissioner shall establish rules and regulations establishing standards and criteria 

for motor vehicle emissions inspections, giving consideration to the United States 

Environmental Protection Agency’s performance standards for the enhanced emissions 

inspection and maintenance program and the level of emission reductions necessary to 

achieve and maintain federal and state ambient air quality standards. Such standards and 

criteria shall include, but not be limited to, a requirement to test motor vehicle emissions 

for hydrocarbons, carbon monoxide and oxides of nitrogen. The standards and criteria 

may be different for different model years and types of vehicles. 

The commissioner, in consultation with the registrar, shall establish rules and regulations 

relative to testing equipment specifications, including emissions analyzers, quality

assurance and quality control procedures for testing equipment, calibration gases, failure 

rates, emission standards, testing procedures, data collection and data analysis, and 

program evaluation. 

The registrar, in consultation with the commissioner, shall determine the number and 

location of inspection facilities necessary for the success of the emissions component of 

the inspection program while considering consumer convenience and cost and achieving 

an equitable distribution across the commonwealth. Said registrar shall report to the joint 

committee on public safety and the house and senate committees on ways and means the 

actual number and location of inspection facilities on or before July 1, 1998. The 

commissioner may establish criteria and a process to select qualified applicants who shall 

be authorized to participate in the emissions component of the inspection program. In no 

event shall the use of state-owned or municipal-owned property as a site for an inspection 

facility or a test center relieve the owner or operator of the inspection facility from paying 

to the municipality an amount equal to the local property taxes due if such property was 

not state-owned or municipal-owned. 

The department and the registry, in implementing the requirements of this section, shall 

acquire personnel, purchase equipment and procure services necessary to achieve the 

objectives hereunder including, but not limited to, the following: (i) inspection of motor 

vehicles; (ii) data acquisition and data management; (iii) quality control and quality

assurance; (iv) on-road testing; (v) program evaluation; (vi) public communications; (vii) 

research and development; and (viii) any other purposes related to the development and 

implementation of the motor vehicle emissions component of the inspection program. 

The technical and performance specifications of any equipment determined by the 

department to be necessary and required in the implementation of the provisions of this 

section, shall be reevaluated periodically as to its useful life, flexibility and applicability
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

as to changing technological conditions and continued effectiveness in the emissions 

inspection and maintenance program. 

The department and the registry shall contract with a private entity demonstrating an 

ability to manage emissions programs, hereinafter referred to as the network contractor, 

to develop and manage the network and inspection facilities of said motor vehicle 

inspection program. The department and the registry shall, as a term and condition of 

such contract, require the network contractor to: (i) acquire and distribute inspection 

facility equipment; and (ii) acquire such equipment and the associated maintenance 

services from one or more suppliers at discount prices through volume purchasing. Such 

contract shall also include performance standards which shall pertain to the motor vehicle 

inspection program goals as set forth in the commonwealth’s state implementation plan. 

Such contract shall also require the network contractor to establish at least five test 

centers to be evenly distributed across the commonwealth for research, training, repair 

assistance and for any other purposes related to the implementation and success of the 

emissions component of the inspection program. The network contractor shall be 

responsible for achieving such goals as set forth in regulations, policies and contract 

terms established by the department and registry. Such contract shall require an extensive 

public education and awareness program prior to the implementation of the motor vehicle 

inspection program. Such public education program shall include, but not be limited to, 

establishing and maintaining a comprehensive consumer outreach campaign concerning 

air quality, sources of pollutants, relevant aspects of automobile maintenance and other 

topics related to the motor vehicle inspection requirements of chapter 90 and this chapter. 

Such consumer outreach campaign shall include a consumer hotline to receive motorists’ 

complaints and to answer questions regarding the inspection procedures, repair 

information and other related inspection issues. 

(c) The commissioner shall establish rules and regulations implementing the motor 

vehicle emissions component of the inspection program required by section 7A of chapter 

90. Such rules and regulations may reflect a phased-in schedule for the motor vehicles 

subject to the emissions component of the inspection program; provided, however, that 

such phase-in shall not begin prior to July 1, 1998. The department may continue to 

implement the motor vehicle emissions inspection program established pursuant to 

section 142J of chapter 111 while phasing-in the new requirements of this section. 

The department shall notify the registrar as to which motor vehicles shall be subject to 

the motor vehicle emissions component of the inspection program. Said registrar shall 

give reasonable notification in the form prescribed by said registrar, to the owners of 

motor vehicles subject to the emissions inspection indicating which emissions inspection 

procedures shall be required. The registrar shall not issue a registration or, if such 

registration has already been issued, shall suspend or not renew the registration of any 

motor vehicle which does not comply with the provisions of this section or any regulation 

promulgated hereunder. 

The commissioner may establish regulations for exempting certain motor vehicles from 

some or all of the requirements of this section. The following motor vehicles may be 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

exempt from the provisions of this section and may require alternative test procedures: (i) 

any motor vehicle the model year of which is 15 years before the year in which the 

inspection occurs; (ii) any motor vehicle or class of motor vehicle that is exempted by

regulation or policy by the department because the vehicle or class presents a prohibitive 

inspection problem or is inappropriate for inspection; (iii) any motor vehicle operated 

exclusively by electric power; and (iv) for one inspection cycle only, any motor vehicle 

two model years old or less at the time the vehicle is due for inspection. 

The commissioner and the registrar shall establish procedures under which fleet operators 

of fleets of 12 or more vehicles that are centrally fueled and maintained may be 

authorized under such program to conduct inspections and maintenance activities 

regarding such vehicles, subject to such audit, review and enforcement under this section 

as the commissioner and registrar deem appropriate. 

The motorist presenting a motor vehicle for an emissions inspection shall pay a fee to the 

inspection facility pursuant to section 7A of chapter 90. 

The registrar shall establish certification, training and continuing education requirements 

for the safety component of the inspection program. The commissioner shall establish 

certification, training and continuing education requirements for the emissions 

component of the inspection program. Such requirements shall be a precondition to the 

issuance of a license to conduct motor vehicle inspections issued by the registrar. Any

person conducting an official motor vehicle inspection without having received such 

license and certification shall be subject to the penalties set forth in subsection (f). 

The commissioner shall take steps to ensure that the capability exists in the repair 

industry to repair motor vehicles which fail the emissions component of the inspections 

required herein. Such steps shall include, but not be limited to, training and continuing 

education for emissions repair technicians and the involvement of vocational or technical 

schools and various members and sectors of the automobile and automotive repair 

industry. The commissioner shall establish procedures to register emissions repair 

technicians and to conduct a performance monitoring program of repair technicians, 

emissions inspection facilities and emissions inspectors. Such performance monitoring 

may include, but not be limited to, collection and evaluation of data on repairs. The 

provision of this paragraph shall not prevent any person not so registered from 

performing emissions repairs. 

The department and the registry may conduct on-road testing of motor vehicles, including 

trucks and buses, for research, development, inspection or enforcement purposes. Onroad testing may include identification of motor vehicles which would pass the emissions 

inspection and motor vehicles which would fail the emissions inspection. The on-road 

testing program may include, but shall not be limited to: (i) the use of portable or remote 

sensing equipment to measure pollutants of a moving motor vehicle; (ii) evaluation of the 

use of such equipment, alone or with other analytical information, equipment or 

techniques, as a supplement or alternative to, replacement of or enforcement of the 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

emissions inspection; and (iii) the establishment of test centers to research and evaluate 

the accuracy and effectiveness of various emissions testing and enforcement methods. 

The department and the registry shall create or enter into contracts to create an electronic 

network linking the department, emissions inspection equipment, the registry and any

contractor to the department. Such electronic network shall facilitate implementation, 

evaluation and enforcement of the emissions inspection and maintenance program by the 

department and the registry. 

The registrar shall establish protocols for communication on the electronic network. At 

its discretion, the registrar may grant emissions inspection equipment, inspection 

facilities and inspectors access to the electronic network. The commissioner and the 

registrar shall require emissions inspection equipment to communicate with the 

commissioner through the electronic network. The registrar, in consultation with the 

commissioner shall establish procedures and requirements for connecting and 

disconnecting emissions inspection equipment and inspection facilities and for granting 

emissions inspectors access to the electronic network. 

The commissioner, in consultation with the registrar, may adopt rules and regulations to 

implement an emissions inspection and maintenance program for diesel-fueled motor 

vehicles. 

The commissioner, in consultation with the registrar, shall promulgate rules and 

regulations to establish a program for the issuance of emissions waiver certificates;

provided, however, that such rules and regulations shall include eligibility standards and 

criteria, a procedure whereby motorists may petition for emissions waiver certificates and 

a notification process to inform motorists of the emissions waiver certificate program and 

the emissions waiver certificate petition process. Such eligibility standards and criteria 

shall include, but not be limited to, provisions for the issuance of emissions waiver 

certificates to any owner of a motor vehicle who displays satisfactory proof that such 

motor vehicle has undergone emissions-related repairs at a cost that exceeds a maximum 

cost threshold to be determined by the commissioner and the registrar. The commissioner 

shall report on the emissions waiver certificate program to the joint committees on public 

safety and the house and senate committees on ways and means on or before July 1, 

1998. 

(d) The commissioner and the registrar shall establish programs for public information 

and consumer protection. The commissioner shall establish procedures and requirements 

for the network contractor to ensure maximum convenience to the motorist. 

Each emissions inspection facility shall distribute information to inform the public about 

the requirements, benefits and other consumer-related matters of the emissions inspection 

and maintenance program and any other information useful to the better understanding 

and facilitation of the emissions inspection to the consumer as directed by the 

commissioner. 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

Each inspection facility, while performing the emissions inspection, shall be capable of 

providing consumer protection by generating data on warranty-related recalls in a form 

and manner prescribed by the commissioner and any other related information deemed 

necessary by the commissioner. In addition, the commissioner shall establish procedures 

to advise motorists whose vehicles are subject to either a voluntary emissions recall or 

remedial action plan, as defined in and pursuant to section 207 of the federal Clean Air 

Act, to obtain the appropriate repairs. 

(e) The commissioner, in consultation with the registrar, shall develop, establish and 

implement a quality control program to ensure the accuracy and integrity of the emissions 

component of the inspection program. Such quality control program may include, but not 

be limited to, procedures for: (i) calibrating, operating and maintaining emissions 

inspection equipment; (ii) documenting the results from the performance of such 

calibration, operation and maintenance; and (iii) transmitting such documentation to the 

department. 

The registrar, in consultation with the commissioner, shall develop, establish and 

implement an on-going quality assurance program to discover and prevent fraud, waste 

and abuse in the emissions component of the inspection program. The quality assurance 

program shall include, but not be limited to, overt and covert audits of emissions 

inspection facilities and emissions inspectors, audits of data from emissions inspection 

facilities, examination of emissions inspection equipment, evaluation of quality control 

records and procedures and audits of consumer complaints and responses to such 

complaints. 

(f) The commissioner and the registrar or their designees shall have the authority to 

enforce any provision of this section and may establish rules and regulations pursuant to 

such authority. Such enforcement authority shall permit officers or agents of the 

department or the registry to enter the premises of any motor vehicle inspection facility or 

any contractor to protect the public health and the environment, implement the quality

control and quality assurance requirements of this section and for any other reasonable 

purpose related to implementation and enforcement of the motor vehicle inspection and 

maintenance program as determined by the commissioner and the registrar. 

The registrar shall establish rules and regulations prohibiting any person from issuing an 

inspection certificate for a motor vehicle that has not been inspected in accordance with, 

or is not in compliance with, the standards and criteria for motor vehicle inspections as 

required in this section. The registrar also shall establish rules and regulations prohibiting 

any person from failing to issue a certificate for a motor vehicle that has been inspected 

in accordance with, and in compliance with, the standards and criteria for motor vehicle 

inspections required in this section if such motor vehicle meets the applicable standards 

and criteria. No person shall alter, falsify or counterfeit an emissions inspection 

certificate. 

The registrar may deny access to the electronic network to any inspection facility or 

emissions inspector that said registrar has reason to believe is not performing inspections 
Appendix 2: MA Statutory Authority for IM Program and the MA IM Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle Emissions Inspection and 

Maintenance Program. Documentation of IM SIP Revision consistent with 42 USC Section 7511a and 

Section 182 (c)(3)(A) of the Clean Air Act

in compliance with the registry’s rules and regulations adopted pursuant to this section or 

under the authority of chapter 90. 

Tampering with any emissions control device or system is hereby prohibited. No person 

shall take any action that has the effect of causing a motor vehicle to no longer comply 

with federal law or with the applicable standards and criteria for the motor vehicle 

emissions inspection and maintenance program or with requirements for motor vehicle 

registration. Nothing in this section shall be construed to prevent the temporary alteration 

of equipment for motor vehicle repair or for the quality assurance program established 

pursuant to subsection (e). 

The commissioner and the registrar shall have the authority to order any person, 

inspection facility or contractor to stop or abate a violation of any rule or regulation 

adopted pursuant to this section or chapter 90. 

Any person who violates any of the provisions of the second or fourth paragraph of this 

subsection and any person or facility licensed or required to be licensed pursuant to 

section 7W of chapter 90 who violates any requirement or regulation adopted pursuant to 

this section or any certificate or order issued thereunder shall: (i) be punished for each 

violation by a fine of not more than $25,000 or by imprisonment for not more than one 

year, or both such fine and imprisonment; or (ii) be subject to a civil penalty of not more 

than $25,000 for each such violation. Each day or part thereof that such violation occurs 

or continues shall be deemed a separate violation. The civil penalty may be assessed in an 

action brought on behalf of the commonwealth in the superior court. The commonwealth 

also may bring an action for injunctive relief in the superior court for any such violation, 

and the superior court shall have jurisdiction to enjoin such violation and to grant such 

further relief as it may deem appropriate.