reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.715 - Transportation conformity: interagency consultation procedures

Current through May 31, 2024
(a) Before issuing
				a final transportation conformity determination or transportation-related state
				implementation plan revision under
				18 AAC 50.700 -
				18 AAC 50.750, the sponsoring
				agency described in
				18 AAC 50.705(b)
				shall
(1) contact the office or the local
				governing body to determine if that office is aware of any plans for
				construction or a regionally significant project that is not funded under 23
				U.S.C. (highways) or 49
				U.S.C. 5301 -
				5340, including any project for
				which alternative locations, design concept and scope, or the no-build option
				are still being considered;
(2)
				prepare a preliminary interagency discussion draft, a public review draft, and
				a final draft of the conformity determination or transportation-related state
				implementation plan revision through the interagency consultation process
				described in (b) - (g) of this section with staff of
(A) the department;
(B) the local air quality planning agency or
				government;
(C) the Department of
				Transportation and Public Facilities;
(D) the local transportation committee,
				agency, or government;
(E) any
				agency created under state law that sponsors or approves transportation
				projects;
(F) the United States
				Environmental Protection Agency;
(G) the United States Department of
				Transportation, Federal Highway Administration (FHWA);
(H) the United States Department of
				Transportation, Federal Transit Administration (FTA);
(I) the metropolitan planning organization
				and any other regional transportation planning organization; and
(J) any participant listed in the
State Air Quality Control Plan
, Volume II, Section III.I.3;
				and
(3) make the public
				review draft of the conformity determination or transportation-related state
				implementation plan revision available for public review and comment as
				required in
				18 AAC 50.720.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.720 - Transportation conformity: public involvement

Current through May 31, 2024
(a) The sponsoring
				agency described in
				18 AAC 50.705(b)
				shall establish a public involvement process to provide opportunity for public
				review and comment on the public review draft of the conformity determination
				or transportation-related state implementation plan revision before the agency
				issues a final conformity determination or transportation-related state
				implementation plan revision. As required under  40 C.F.R. 93 . 112, revised as
				of July 1, 2013, and adopted by reference, the public involvement process must
				be consistent with the requirements of
				40 C.F.R.
				93.105(e), revised as of
				July 1, 2013, and adopted by reference, and
				23 C.F.R.
				450.316(a), revised as of
				July 1, 2014, and adopted by reference.
(b) The responsible agency shall
(1) subject to (d) of this section,
(A) receive written comments on the public
				review draft of the conformity determination or transportation-related state
				implementation plan revision; and
(B) hold a public hearing or meeting
(i) for a transportation plan, transportation
				improvement program, or transportation-related state implementation plan
				revision;
(ii) for a project that
				is not included in a transportation plan or transportation improvement program,
				or transportation-related state implementation plan revision, but that is
				within a designated nonattainment area listed under
				18 AAC 50.015(b)
				or a designated maintenance area listed under
				18 AAC 50.015(d);
				or
(iii) if a written comment
				received under (A) of this paragraph requests a public hearing or meeting for a
				regionally significant project;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.740 - Written commitments

Current through May 31, 2024
(a) A conformity determination on the
				transportation plan or transportation improvement program may not include
				emission reduction credits from any control measures that are not included in
				the transportation plan or transportation improvement program and that do not
				require a regulatory action in the regional emissions analysis, unless the
				metropolitan planning organization, the Department of Transportation and Public
				Facilities, FHWA, or FTA obtains, for inclusion in the conformity
				determination, written commitments as defined in
				40 C.F.R.
				93.101,  revised as of July 1, 2013, and
				adopted by reference, from the appropriate entities to implement those control
				measures. Before a conformity determination on the transportation plan or
				transportation improvement program may be approved, a metropoli tan planning
				organization or the Department of Transportation and Public Facilities must
				ensure that any project-level mitigation or control measures included in
				project design concepts and scopes are appropriately identified in the regional
				emissions analysis. The written commitments to implement those mitigation or
				control measures must be fulfilled by the appropriate entities.
(b) Before a project-level conformity
				determination for a transportation project may be approved, the project sponsor
				must include written commitments as defined in
				40 C.F.R.
				93.101, adopted by reference in (a) of this
				section, to implement any project-level mitigation or control measures in the
				construction or operation of the project that are identified for that project
				as part of NEPA process completion as defined in
				40 C.F.R.
				93.101,  revised as of July I, 2013, and
				adopted by reference. Written commitments must be obtained before those project
				level mitigation or control measures are used in a project-level hot-spot
				analysis. The written commitments to implement those project- level mitigation
				or control measures must be fulfilled by the appropriate entities.
(c) In this section, "project sponsor" means
				any entity that owns an equity interest in the transportation project, or holds
				the permits that the department determines are essential to construct or
				operate the transportation project.
Authority:
AS
					 46.03.020
AS
					 46.14.030
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.750 - Exempt projects

Current through May 31, 2024
Notwithstanding the other requirements of
				  18 AAC 50.700 -
				  18 AAC 50.750, highway and transit
				  projects of the types listed in Table 2 of   40 C.F.R. 93   .126, revised as of
				  July 1, 20 13, and adopted by reference, are exempt from the requirement to
				  determine conformity. Those projects may proceed toward implementation even in
				  the absence of a conforming transportation plan and transportation improvement
				  program . A particular action of the type listed in Table 2 of 40 C.F.R. 93.
				  126 is not exempt if the agencies listed in
				  18 AAC 50.715(a)(2) concur that it has
				  potentially adverse emissions impacts for any reason. Metropolitan planning
				  organizations must ensure that exempt projects do not interfere with
				  transportation control measure implementation.
Authority:
AS
					 46.03.020
AS
					 46.14.030
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 9 - General Provisions › 18 AAC 50.900 - Small Business Assistance Program

Current through May 31, 2024
(a) The purpose of
				the small business assistance program established under
				AS
				46.14.300 is to help small businesses in the
				state comply with state and federal air quality laws. The department's
The Alaska Small Business Assistance Program,
adopted by
				reference in
				18 AAC 50.030, describes the small
				business assistance program.
(b)
				Subject to
				AS
				46.14.300(c) and
				46.14.310, only the owner or
				operator of a "small business facility," as that term is defined in
				AS
				46.14.990, is eligible to receive the
				services of the small business assistance program.
(c) The owner or operator of an eligible
				small business facility may request a change to a requirement under this
				chapter that
(1) is a work practice or
				technological method of compliance; or
(2) sets a schedule of milestones preceding a
				date for implementing a work practice or technological method of
				compliance.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 9 - General Provisions › 18 AAC 50.905 - Appeals

Current through May 31, 2024
(a) A person authorized under AS 46.14.200
				may request an informal review under 18 AAC 15.185 or an adjudicatory hearing
				under 18 AAC 15.195 - 18 AAC 15.340 to review a final department decision to
				issue, deny, place a term or condition upon, or revoke a permit under 18 AAC 50.302, 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, 18 AAC 50.321, 18 AAC 50.326, 18 AAC 50.502, 18 AAC 50.508, 18 AAC 50.542, and 18 AAC 50.560.
(b) A person authorized
				under AS 46.14.200 may request informal review under 18 AAC 15.185 or an
				adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 of a final department
				decision on an application to construct or operate under a general minor permit
				under 18 AAC 50.560. Review is limited to whether the activity or facility
				qualifies for the minor general permit under 18 AAC 50.560(e) and any terms and
				conditions established under 18 AAC 50.560(f)(5). The terms of a general minor
				permit previously approved by department are not subject to review as part of
				an application to construct or operate under a general minor permit.
Authority:
AS 46.03.0 20
AS 46.03.880
AS 46.14.010
AS 46.14.020
AS 46.14.120
AS 46.14.130
AS 46.14.140
AS 46.14.170
AS 46.14.180
AS 46.14.200
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 9 - General Provisions › 18 AAC 50.990 - Definitions

Current through May 31, 2024
In this chapter unless the context requires otherwise,
(1) "actual emissions" has the meaning given
				in  40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;
(2) "administrator" means the administrator
				of the United States Environmental Protection Agency, except as otherwise
				provided in 18 AAC 50.306 - 18 AAC 50.326;
(3) "air pollutant" has the meaning given in
				AS 46.14.990;
(4) "air-curtain
				incinerator" means a device in which large amounts of combustible materials are
				burned in a rectangular containment equipped with an over fire air
				system;
(5) "air pollution" has the
				meaning given in AS 46.03.900;
(6)
				"air pollution control equipment" means equipment or a portion of equipment
				designed to reduce the emissions of an air pollutant to the ambient
				air;
(7) "air quality control
				requirement" means any obligation created by AS 46.14, this chapter, or a term
				or condition of a preconstruction permit issued by the department before
				January 18, 1997;
(8) "allowable
				emissions" has the meaning given in  40 C.F.R. 52.21(b), except that for the
				purposes of establishing or revising a plant wide applicability limitation
				(PAL) under  40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,
(A) "allowable emissions" means the emissions
				rate of an emissions unit calculated considering any emissions limitation that
				is enforceable as a practical matter on the emission unit's potential to emit;
				and
(B) in the definition of
				"potential to emit" in  40 C.F.R. 51.166(b), the words "or enforceable as a
				practical matter" are added after "federally enforceable", as provided in  40 C.F.R. 51.166(w)(2)(ii)  (
b
);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.005 - Applicability and general requirements

Current through May 31, 2024
(a) Subject to the
				other provisions of this section, including the exemptions set out in (f) of
				this section, the maintenance requirements of
				18 AAC 52.015(a)
				apply to
(1) a motorist; and
(2) a person engaged in the business of
				maintaining, repairing, or otherwise servicing emissions control
				systems.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.007 - Suspension and reestablishment of I/M requirements

Current through May 31, 2024
(a) Subject to (b)
				of this section, if an I/M area attains the NAAQS for carbon monoxide, and
				after consultation with and approval by the EPA administrator of an applicable
				revision to the
State Air Quality Control Plan,
adopted by
				reference in
				18 AAC 50.030, the department will
				suspend the I/M program of this chapter in that I/M area after providing notice
				in accordance with
				18 AAC 52.005(i).
(b) If the I/M program in an I/M area is
				suspended under (a) of this section, the I/M area violates the NAAQS for carbon
				monoxide, and the department determines through consultation with EPA that
				reestablishing the I/M program is the appropriate measure to implement under
				the
State Air Quality Control Plan
, adopted by reference in
				18 AAC 50.030, the department will
				reestablish the I/M program under
				18 AAC 52.005(i)
				and 18 AAC 52.030.
(c) In this section, "NAAQS" has the meaning
				given in 18 AAC 53.990.
Authority:
AS
					 46.03.010
AS 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.010 - I/M program administration office

Current through May 31, 2024
There is created within the department's air quality
				  improvement section, a department office responsible for administration and
				  enforcement of all aspects of the I/M program (I/M office). The I/M office
				  will
(1) administer and enforce the
				requirements of this chapter, including ensuring that the requirements of this
				chapter are followed under each I/M program implemented or administered under
				this chapter;
(2) evaluate, and
				approve or disapprove I/M program plans submitted under
				18 AAC 52.035;
(3) accept complaints from the public against
				certified mechanics or stations;
(4) investigate and gather evidence regarding
				suspected violations of this chapter;
(5) suggest measures to resolve disputes
				between motorists and certified mechanics or stations;
(6) approve referrals to the referee facility
				described in
				18 AAC 52.070;
(7) keep, as a public record, a list of the
(A) names and addresses of all certified
				mechanics and stations; and
(B)
				manufacturers of equipment certified for use under this chapter;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.015 - Motor vehicle maintenance requirements

Current through May 31, 2024
(a) A motorist and
				a person engaged in the business of maintaining, repairing, or otherwise
				servicing vehicle emissions control systems shall
(1) ensure that emissions, excluding
				condensed water vapor, from a
(A)
				gasoline-powered motor vehicle are not visible for more than any five
				consecutive seconds;
(B)
				diesel-powered motor vehicle do not result in a reduction of visibility of
				greater than 40 percent through the exhaust effluent for more than any five
				consecutive seconds;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.020 - Certificate of inspection requirements

Current through May 31, 2024
(a) A certificate
				of inspection required under this chapter may be issued only by the
				implementing agency, its designee, its referee facility, or a station certified
				under 18 AAC 52.415.
(b) A motorist described in
				18 AAC 52.005(b) (1) or (b)(2) shall obtain and renew a certificate
				of inspection as required by
				18 AAC 52.005(c) (2). A motorist described in
				18 AAC 52.005(b) (3) shall obtain and renew a certificate as
				required by
				18 AAC 52.005(c) (3). A motorist described in
				18 AAC 52.005(b) (4) shall obtain and renew a certificate as
				required by
				18 AAC 52.005(c) (4).
(c) A person, including a person in military
				service, who temporarily resides in this state for more than 30 days and who
				owns or leases a vehicle that is principally located or operated in an I/M area
				shall obtain a certificate of inspection for that vehicle, even if the vehicle
				is not required to be registered in this state under
				AS
				28.10.011. A temporary resident shall obtain
				the certificate of inspection within 30 days after the vehicle enters this
				state and is principally located or operated in an I/M area.
(d) A motorist described in
				18 AAC 52.005(b)
				shall keep affixed to the inside lower left corner of the front windshield or
				display in a certificate holder readily visible through the front windshield
(1) a certificate of inspection windshield
				sticker for the specific vehicle that has passed an I/M test; the sticker must
				be affixed by the certified mechanic who inspected the vehicle; the certified
				mechanic may not place a windshield sticker in a certificate holder;
				or
(2) a waiver, new vehicle, or
				exemption windshield sticker for a vehicle for which the implementing agency
				requires a sticker to be displayed under
				18 AAC 52.025(c);
				the sticker must be affixed by the implementing agency or the designee of the
				implementing agency.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.025 - Visual identification of certificate of inspection, waivers, and new and exempt vehicles

Current through May 31, 2024
(a) The windshield sticker certificate of
				inspection must be
(1) easy to observe from
				outside a vehicle;
(2) of a quality
				that is difficult to counterfeit, difficult to remove without destroying it,
				and durable enough to last until the next inspection without fading, peeling,
				or otherwise deteriorating; and
(3)
				affixed to the vehicle's windshield as required by
				18 AAC 52.020(d)
				at the time of inspection by the certified mechanic who performs the
				inspection.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.030 - Department-administered I/M program

Current through May 31, 2024
(a) The department
				will, in its discretion, and after notice and opportunity for public comment,
				administer an I/M program
(1) in any area
				where the department determines that a program is needed to attain or maintain
				the national ambient air quality standard for carbon monoxide by the date
				required by 42 U.S.C.
				7512 (Clean Air Act, section 186), as amended
				through November 15, 1990;
(2) in
				an I/M area where an implementing agency
(A)
				determines that it will no longer administer the I/M program in that area;
				or
(B) is found by the department,
				under AS
				46.14.410, to be administering an inadequate
				program; or
(3) that
				applies to motorists who commute into an I/M area but whose vehicles are not
				registered in that I/M area.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.035 - I/M program administered by an implementing agency

Current through May 31, 2024
(a) A municipality
				may not implement or administer an I/M program without department approval. The
				department will approve a program that
(1)
				establishes an I/M office that meets the requirements of
				18 AAC 52.010(1) and (3) - (9); and
(2) meets the requirements of this
				section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.040 - Centralized inspection program

Current through May 31, 2024
To carry out the requirements of this chapter, an
				  implementing agency may implement a centralized I/M program that
(1) meets the performance standards described
				in 18 AAC 52.035(d);
(2) is conducted at a test-only inspection
				facility operated by the implementing agency or its contractor; and
(3) otherwise meets the applicable
				requirements of this chapter.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.045 - Decentralized inspection program

Current through May 31, 2024
To carry out the requirements of this chapter, an
				  implementing agency may implement a decentralized I/M program that
(1) meets the performance standards described
				in 18 AAC 52.035(d);
				and
(2) otherwise meets the
				applicable requirements of this chapter.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.050 - Emissions standards

Current through May 31, 2024
(a) For a vehicle to pass an I/M program
				inspection, it must
(1) have emissions levels
				at or below the standards in this section and
				18 AAC 52.055; this requirement
				does not apply to light-duty 1996 or newer model year vehicles unless that
				vehicle's make, model, and model year has been exempted from the requirement
				for the OBDII portion of an I/M test due to a documented problem with the OBDII
				system of that specific make, model, and model year;
(2) have no missing, modified, disconnected,
				improperly connected, or defective emissions-related parts identified by the
				mechanic during a visual or functional check or identified by the vehicle's
				OBDII system; and
(3) pass the
				OBDII portion of an I/M test if the vehicle is a light-duty 1996 or newer model
				year; reasons for failure of the OBDII portion of the I/M test include the
				vehicle's
(A) MIL being commanded
				on;
(B) second failed readiness
				evaluation in an inspection cycle;
(C) OBDII connector being either damaged or
				not accessible; and
(D) OBDII
				system not responding to a command for communication.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.055 - Alternative requirements, standards, and test procedures

Current through May 31, 2024
(a) The department
				will, in its discretion, approve alternative requirements, standards, and test
				procedures to those specified in this chapter.
(b) Subject to department approval, instead
				of the standards set in
				18 AAC 52.050, an implementing
				agency may establish alternative
(1) tailpipe
				emissions standards, including mass emissions standards;
(2) steady-state or transient loaded mode
				test procedures for all or a portion of the vehicles subject to the I/M
				program; and
(3) procedures to
				certify compliance of vehicles with replacement engines and of other
				noncomplying vehicles, if those procedures include emissions standards for
				those vehicles while they are operated in a loaded mode.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.065 - Emissions-related repair cost minimum

Current through May 31, 2024
(a) Unless provided
				otherwise in this section, a motorist who is subject to
				18 AAC 52.005(c)
				shall complete necessary emissions-related repairs as required in (d) of this
				section. If the cost of completing all repairs exceeds $450, the motorist shall
				complete those repairs for each inspection cycle with a total cost of no less
				than $450. If the total cost of all repairs is less than $450, the motorist
				shall complete all repairs. If a certified mechanic determines under
				18 AAC 52.540(a)
				that parts are unavailable for one or more repairs, the motorist shall complete
				those repairs for which all parts are available up to $450. If all repairs have
				been made except one for which parts are unavailable, the motorist shall apply
				for an unavailable parts waiver as described in
				18 AAC 52.060(a) (8). The cost of repairs performed by a
				person who is not certified under this chapter or the cost of a repair
				necessary to correct a safety problem may not be applied toward the repair cost
				minimum.
(b) Repealed
				1/1/2000.
(c) The motorist shall
				complete all repairs necessary to comply with this chapter, regardless of cost,
				if
(1) the vehicle was subjected to an
				unauthorized or illegal modification;
(2) the vehicle is owned or leased by a fleet
				operator; or
(3) a manufacturer's
				warranty or an insurance claim will compensate the owner for the
				repair.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.075 - Kit cars and custom-manufactured vehicles

Current through May 31, 2024
A kit car or custom-manufactured vehicle registered in Alaska
				  before January 1, 1993, is subject to the emissions standards for 1974 model
				  year vehicles set out in
				  18 AAC 52.050. The owner or lessee
				  of a kit car or custom-manufactured vehicle that was first registered after
				  December 31, 1992, but before January 1, 1998, shall use an engine and
				  evaporative emissions control system from a vehicle of the same class that is
				  certified to meet federal emissions standards applicable to 1988 model year
				  vehicles. The owner or lessee of a kit car or custom-manufactured vehicle that
				  was first registered after December 31, 1997, shall use an engine and
				  evaporative emissions control system from a vehicle of the same class that is
				  certified to meet federal emissions standards, including cold temperature
				  carbon monoxide standards, applicable to 1996 model year vehicles. The owner or
				  lessee shall ensure that the exhaust emissions controls originally intended to
				  be used with the engine, including the computer and feedback control system,
				  are installed and that the vehicle uses the same catalyst used with the engine
				  in a certified vehicle or an aftermarket catalyst approved by the implementing
				  agency.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.080 - Grey market vehicles

Current through May 31, 2024
(a) Except as otherwise provided in this
				section, the department will, and the implementing agency or referee facility
				may,
(1) inspect a grey market vehicle in
				accordance with importation documents issued by EPA or the manufacturer's
				emissions decal; and
(2) issue a
				certificate of inspection if the grey market vehicle passes, as required by
				Part IV of the program manual, the
(A) visual
				and functional inspections and the tailpipe emissions standards; or
(B) OBDII portion of the I/M test.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.085 - Vehicle modifications

Current through May 31, 2024
(a) Subject to (b) of this section, the
				referee facility shall, if requested by the motorist, issue a certificate of
				inspection for a vehicle that has been
(1)
				converted to dual-fuel use if
(A) the vehicle
(i) meets the emissions standards of
				18 AAC 52.050 for the vehicle in
				its unmodified configuration when tested on each fuel that the vehicle burns;
				or
(ii) passes the OBDII portion of
				the I/M test;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.090 - Repair of nonconforming vehicles

Current through May 31, 2024
(a) Based upon
				guidance issued by the implementing agency, the referee facility shall specify
				repair procedures for a vehicle that does not comply with the requirements of
				18 AAC 52.075,
				18 AAC 52.080, or
				18 AAC 52.085.
(b) For a grey market vehicle, the
				implementing agency may require the repair of defective emissions control
				components, but motorists are not required to retrofit emissions control
				components that were not originally installed on the vehicle.
(c) The referee facility shall issue a
				certificate of inspection when a vehicle has been modified to comply with the
				requirements of
				18 AAC 52.075,
				18 AAC 52.080, or
				18 AAC 52.085.
18 AAC 52.090 took effect 2/1/94
					 as an emergency regulation. Due to technical corrections made by the
					 regulations attorney in reviewing the "permanent" regulation for filing, the
					 permanent regulation as it was published in Register 130, July 1994, differed
					 from the emergency regulation even though the section's history note did not
					 reflect an amendment to that section.
Authority:
AS
					 46.03.020
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.095 - Minimum certification requirements

Current through May 31, 2024
(a) In addition to
				the other requirements of this chapter, to obtain department approval for an
				I/M program, an implementing agency shall meet the minimum requirements of this
				section.
(b) An implementing agency
				shall adopt training and testing procedures for certifying mechanics to perform
				I/M tests, repairs, and certification under this chapter. Procedures adopted
				under this subsection must be at least as stringent as those set out in
				18 AAC 52.400 -
				18 AAC 52.405.
(c) An implementing agency shall use only
				training courses for mechanics that have been certified by the department under
				18 AAC 52.410.
(d) An implementing agency shall adopt
				procedures for certifying automotive repair facilities to participate in the
				I/M program as certified stations. Procedures for certification of stations
				must be at least as stringent as those set out in
				18 AAC 52.415.
(e) An implementing agency shall adopt
				standards for certifying equipment for use in an I/M program approved under
				this chapter. Standards for certification of equipment must be at least as
				stringent as those set out in
				18 AAC 52.420.
(f) An implementing agency shall adopt
				procedures for renewal of certifications issued by the agency. Procedures must
				be at least as stringent as those set out in
				18 AAC 52.425.
(g) An implementing agency shall adopt
				procedures for monitoring certified mechanics and stations. Procedures must be
				at least as stringent as those set out in
				18 AAC 52.440.
(h) An implementing agency shall adopt
				procedures for enforcing the I/M program and for revoking or suspending an I/M
				certification for violations of program requirements or procedures. Procedures
				adopted under this subsection must be equivalent to those set out in
				18 AAC 52.100 and
				18 AAC 52.105, including
				opportunity for notice, response, and an administrative hearing.
Authority:
AS
					 46.03.020(10)
AS 46.14.030
AS
					 46.14.510
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.100 - Enforcement procedures for violations by motorists

Current through May 31, 2024
(a) To assist an
				implementing agency, the department will, in its discretion, participate in an
				enforcement action taken under this section by the implementing agency. The
				department will, in its discretion, take an enforcement action against a
				motorist who fails to comply with this chapter, with or without participation
				of the implementing agency.
(b) If
				good cause exists, the implementing agency shall investigate a claim that a
				requirement of this chapter has been violated by a motorist. If the
				implementing agency finds that a motorist has violated a provision of this
				chapter or of an I/M program administered under this chapter, the implementing
				agency may issue a notice of violation, advising that the motorist must respond
				to the implementing agency within the time period specified in the notice of
				violation or risk an enforcement action under (d) of this section. Nothing in
				this subsection requires a peace officer to issue a notice of violation before
				issuing a citation under an applicable statute, regulation, or
				ordinance.
(c) The implementing
				agency shall allow a motorist who is issued a notice of violation the time
				period specified in the notice, after receipt of the notice, to provide the
				agency with adequate proof that
(1) a vehicle
				registered outside an I/M area is not principally located or operated in an I/M
				area or used to commute into the Municipality of Anchorage;
(2) the vehicle has a valid waiver under
				18 AAC 52.060 that was affixed to
				the windshield or displayed in a certificate holder in accordance with
				18 AAC 52.020; or
(3) the vehicle has a valid certificate of
				inspection that was affixed to the windshield in accordance with
				18 AAC 52.020.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.110 - Enforcement procedures for violations by certified equipment manufacturer

Current through May 31, 2024
(a) If
				the department or an implementing agency finds or has cause to believe that a
				certified equipment manufacturer or a designated service contractor of a
				certified equipment manufacturer is not providing service or maintenance
				consistent with the equipment manufacturer's certification under 18 AAC 52.420,
				the department will, in its discretion, or the implementing agency may
				investigate the alleged violation. If the implementing agency finds or has
				cause to believe that a violation exists, the implementing agency shall refer
				the matter to the department for further action. The department will, in its
				discretion, take an appropriate civil or criminal compliance action based on
				the nature and severity of the violation and the history of noncompliance by
				the equipment manufacturer or the designated service contractor.
(b) Violations for which the department might
				take compliance action under (a) of this section include the following:
(1) lack of a designated service provider
				located within this state;
(2)
				failure to respond within three working days from the time a service call is
				made for service or maintenance of an EIS within an I/M area;
(3) failure to complete all on-site repairs
				of an EIS within five working days from the time a service or maintenance
				request is made;
(4) failure to
				provide an on-call service technician consistent with the equipment
				manufacturer's certification under 18 AAC 52.420;
(5) failure to provide a call-in system and
				procedures for an EIS owner to either contact a service technician or place a
				service request that are consistent with the equipment manufacturer's
				certification under 18 AAC 52.420;
(6) failure to provide software updates for
				an EIS within the time frame specified by the department under this chapter or
				the program manual;
(7) failure to
				bring non-compliant EISs in the field into compliance with the analyzer system
				specifications set out in the program manual within the time frame requested by
				the department or in a way that is satisfactory to the department;
(8) violation of an applicable requirement of
				this chapter or the program manual; and
(9) conduct that constitutes fraud, deceit,
				or gross negligence.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.400 - Mechanic certification

Current through May 31, 2024
(a) A mechanic who seeks certification under
				this chapter shall submit an application to the implementing agency on a form
				provided by the agency. The implementing agency may issue a certification to a
				mechanic if that mechanic has
(1) at least
				two years experience in the automotive repair industry, or equivalent
				educational experience;
(2)
				successfully completed a certified training course in vehicle inspection and
				repair procedures; for purposes of this paragraph, a "certified training
				course" is one that has been certified under
				18 AAC 52.410; and
(3) passed an examination that has been
				approved under
				18 AAC 52.405 for purposes of this
				paragraph, a passing score is 80 percent or above.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.405 - Certified mechanic examinations

Current through May 31, 2024
(a) Only an
				examination certified under this section may be used for purposes of certifying
				mechanics under
				18 AAC 52.400. To be certified
				under this section, the examination must consist of
(1) a comprehensive mechanic competency test
				described in (b) of this section;
(2) a written test with a test time of
				approximately one hour, with the test to cover applicable regulations, the
				written test may be given to a mechanic only after the mechanic has attended a
				lecture and a question and answer period of up to eight hours; the written test
				must cover all requirements of this chapter, with emphasis on certification of
				mechanics and stations, tailpipe emissions standards, waiver procedures,
				quality control, program administration, and enforcement; and
(3) a hands-on proficiency test of
				approximately 30 minutes duration.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.410 - Training course certification

Current through May 31, 2024
(a) Only a training
				course certified under this section may be used for purposes of certifying
				mechanics under
				18 AAC 52.400. The department
				will, in its discretion, certify a mechanic's training course if minimum course
				requirements are equivalent to those contained in Part II of the program
				manual.
(b) A person seeking
				certification for a training course under this section shall submit to the
				department:
(1) a detailed course
				outline;
(2) a written explanation
				of how the proposed course compares to the minimum course requirements in Part
				II of the program manual;
(3) a
				complete copy of course materials to be used, including workbooks, textbooks,
				and visual aids;
(4) a description
				of the facilities available for classroom training;
(5) a detailed description of facilities to
				be used for hands-on training and testing, including a list of available
				equipment;
(6) a copy of a typical
				final examination to be given at the completion of the course work and a
				description of the grading criteria;
(7) a description of the manner in which the
				integrity of the examination process will be protected; and
(8) a resume for each instructor, including
				proof that the instructor has current National Institute for Automotive Service
				Excellence (ASE) L-1 certification and has successfully completed the training
				course certified under this section or an equivalent course as determined by
				the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.415 - I/M station certification

Current through May 31, 2024
(a) An implementing
				agency may certify an auto repair facility as a certified station if the
				facility meets the requirements of
				18 AAC 52.500 -
				18 AAC 52.550. Separate
				certification is required for each inspection location. Multiple test bays or
				inspection lanes at one location require a single certificate. Each
				certification is valid for a single address. A mobile station may not be
				certified under this chapter.
(b) A
				person who seeks certification shall submit an application to the implementing
				agency on a form provided by the implementing agency. The person shall submit a
				separate application for each inspection location.
(c) The applicant shall include in the
				application
(1) the business name under which
				the station will be operated;
(2)
				if the station will be operated as a partnership, each partner's name, address,
				telephone number, and Alaska driver's license number or the number of the state
				identification card issued by the division of motor vehicles under
				AS
				18.65.310;
(3) each officer's name, title, address, and
				telephone number, if the station will be operated as a corporation; in
				addition, the application should include the name, address, and telephone
				number of the corporation's registered agent, and a copy of a board resolution
				authorizing operation as a certified station;
(4) the name of the person supervising each
				location in the I/M area;
(5) the
				names and certification numbers of all certified mechanics employed by the
				applicant;
(6) all equipment and
				supplies that the applicant intends to have on premises to meet the
				requirements of
				18 AAC 52.500 -
				18 AAC 52.550; and
(7) the telephone number of each dedicated
				line provided for each EIS.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.420 - Equipment certification

Current through May 31, 2024
(a) A manufacturer
				or distributor of emissions test equipment may apply to the department for
				certification of that equipment for use under this chapter. A person who seeks
				certification of equipment for use in this state under this chapter shall
				provide EISs that are an Alaska version of the BAR 97-certified EIS or
				equivalent. The EIS must be modified to meet the specifications set out in Part
				I of the program manual. The application must include
(1) the following for California certified
				hardware:
(A) evidence that the EIS hardware
				has been certified by the BAR;
(B)
				all applicable BAR certifications issued for the hardware;
(C) all documentation submitted to the BAR as
				part of the hardware certification process, including details on the certified
				hardware configuration; and
(D) a
				sworn statement by the applicant that the BAR has not revoked certification and
				that the hardware configuration of the Alaska EIS is identical to that
				certified by the BAR except as specified in Part I of the program
				manual;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 4 - Certification Requirements › 18 AAC 52.425 - Renewal of certification

Current through May 31, 2024
(a) A person who
				has received certification under
				18 AAC 52.400 -
				18 AAC 52.420 shall apply for
				renewal on a form provided by the implementing agency. An application for
				renewal must be filed at least 30 but no more than 90 days before certification
				expires.
(b) Renewal of
				certification of a training course approved under
				18 AAC 52.410 requires revisions
				to the course to accommodate changes in the I/M program.
(c) A certified mechanic's certification
				expires on its expiration date unless the mechanic renews certification under
				this section. To renew an I/M mechanic certification, a mechanic must pass a
				recertification examination. The mechanic shall bring a renewal application and
				the mechanic's current certification to the recertification examination. To be
				recertified, the mechanic must pass a written test and a hands-on proficiency
				test with a score of 80 percent or higher. The written test must be equivalent
				to the examination described under
				18 AAC 52.405 and must include
				sections on mechanic competency and I/M program regulations.
(d) The department will, in its discretion,
				approve an alternate method of recertification in an implementing agency's
				design document if the implementing agency demonstrates that the alternate
				method will assure that a mechanic recertified under that method will be
				qualified to carry out the requirements applicable to certified mechanics under
				this chapter.
(e) A mechanic may
				act as a certified mechanic for purposes of this chapter only while holding a
				valid, current certification. If a mechanic fails to renew the certification
				before it expires, that mechanic is prohibited from performing any activity
				requiring certification under this chapter.
(f) The implementing agency may inspect a
				certified station before renewing the station's certification. An applicant for
				renewal shall meet all conditions required for initial certification under
				18 AAC 52.415. If certification
				has expired, the applicant for recertification may not perform an I/M test
				until recertification is approved. It is the owner's or operator's
				responsibility to know when the certification expires and to complete the
				renewal process before certification expires.
(g) The implementing agency may refuse to
				renew certification
(1) if the application is
				inadequate or inaccurate, or if the applicant has had a certification suspended
				or revoked under this chapter; or
(2) of a training course if the course is
				shown to be inadequate to ensure that students will be able to accurately
				follow repair procedures equivalent to those in Part IV of the program
				manual.