reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-300 - Emissions inspection station records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Emissions inspection stations shall have
				  records available at the station for inspection by the department any time
				  during normal business hours.
B.
				  Test, waiver, and repair records, as appropriate, shall be maintained by the
				  permittee for 12 months or until transferred to the department.
C. Certificates of vehicle emissions
				  inspection and motor vehicle inspection reports shall be issued only by
				  emissions inspection stations holding valid permits issued by the
				  department.
D. Documents and data
				  pertaining to emissions inspections and waivers shall be kept in a secure
				  location and only be available to emissions inspectors or authorized personnel,
				  as approved by the department.
E.
				  Missing or stolen emissions inspection data or other official documents shall
				  be reported to the department within 24 hours.
F. Emissions inspection stations shall be
				  accountable for all documents and media issued to them by the department.
				  Emissions inspection stations shall be subject to quality assurance and control
				  procedures as defined in 40
				  CFR 51.363.
G. Emissions inspection stations shall
				  maintain a file of the name, address, and inspector identification number of
				  all currently employed emissions inspectors authorized by the permittee to
				  perform emissions inspections at that emissions inspection station and shall
				  notify the department of any changes within 10 days of such changes. The
				  emissions inspection station shall provide the file to the department upon
				  request.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-310 - Sign and permit posting

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Emissions inspection stations shall post a sign, approved or provided by the
				  department, which conforms to local ordinances or codes, designating the
				  location as a Virginia Motor Vehicle Emissions Control Program Inspection
				  Station in a conspicuous location on the permitted premises, within view of the
				  public.
B. Emissions inspection
				  station permits shall be posted in a frame, in a conspicuous place on the
				  permitted premises, within view of the public and approved by the
				  department.
C. Emissions inspection
				  stations shall post the following in a conspicuous location on the permitted
				  premises, within view of the public, and in a manner approved by the
				  department:
1. The fees charged for emissions
				  inspections; and
2. The hours of
				  operation for emissions inspections;
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-330 - Analyzer system operation

Current through Register Vol. 40, No. 24, July 15, 2024
Emissions inspections stations shall be equipped with a
					 dynamometer and a functional analyzer system certified in accordance with Part
					 X (9VAC5-91-640 et seq.) and
					 maintained and operated in accordance with the following:
1. Emissions inspection stations shall supply
				  and maintain a functional dynamometer in such a manner that will permit the
				  proper operation in accordance with the requirements of the manufacturer, this
				  chapter, applicable statutes, and any procedures developed by the
				  department.
2. The exhaust gas
				  analyzer shall be gas spanned and leak checked according to 40 CFR Part 51,
				  Appendix A to Subpart S or other procedure as approved by the
				  department.
3. No additions or
				  modifications shall be made to the analyzer system unless approved by the
				  analyzer system manufacturer and the department.
a. All repairs to the analyzer system must be
				  performed by an authorized manufacturer representative according to
				  9VAC5-91-670 B and C or a program
				  coordinator in accordance with
				  9VAC5-91-675 as
				  applicable.
b. No analyzer system
				  replacement parts shall be used that are not original equipment replacement, or
				  equivalent, as approved by the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-340 - Motor vehicle inspection report; certificate of emissions inspection

Current through Register Vol. 40, No. 24, July 15, 2024
A. Emissions
				  inspection stations and emissions inspectors shall be responsible for ensuring
				  that all motor vehicle inspection reports are legible, and properly completed
				  and printed with correct information appearing in the correct location on the
				  form and shall notify immediately the department and the vehicle operator of
				  any incorrect information appearing on the form.
B. Emissions inspectors and emissions
				  inspection stations shall be responsible for ensuring that all emissions
				  inspection results are properly communicated to the department and to the
				  vehicle operator. The use of the motor vehicle inspection report may serve as
				  proper communication to the vehicle operator.
C. Certificates of vehicle emissions
				  inspection shall be used only for documentation of official test
				  results.
D. Certificates of
				  emissions inspections and motor vehicle inspection reports shall be issued only
				  by licensed emissions inspectors employed by permitted emissions inspection
				  stations.
Statutory Authority: §
												46.2-1180
						of the Code of Virginia; § 182 of the Clear Air Act; 40 CFR Part 51,
						Subpart S.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-350 - Data media

Current through Register Vol. 40, No. 24, July 15, 2024
Data media used for the collection of official test data
					 shall become property of the department.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-360 - Inspector identification number and access code usage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall assign each emissions
				  inspector a unique number and numerical code known as an inspector
				  identification number and an access code to gain access to the analyzer system
				  at the inspector's place of employment. Biometric identification may be used in
				  place of an access code.
B. Access
				  codes and identification numbers shall be added and deleted only by department
				  personnel.
C. An inspector
				  identification number and access code shall be used only by the inspector to
				  whom it was assigned.
D. An
				  inspector's name printed on a motor vehicle inspection report shall be an
				  endorsement that the entire test was performed by the inspector whose name
				  appears on the vehicle inspection report. Each inspector must sign his full
				  name on the vehicle inspection report for each emissions inspection
				  conducted.
E. Emissions inspection
				  stations and emissions inspectors shall report any unauthorized use of an
				  inspector identification number or access code to the department within 24
				  hours of the discovery of unauthorized use.
F. Emissions inspection stations and
				  inspectors shall be responsible for any violation or fraudulent inspection
				  which occurs using inspector identification numbers or access codes.
G. Emissions inspection stations shall be
				  responsible for all certificates of vehicle emissions inspection and motor
				  vehicle inspection reports issued by that emissions inspection
				  station.
Statutory Authority: §
												46.2-1180
						of the Code of Virginia; § 182 of the Clear Air Act; 40 CFR Part 51,
						Subpart S.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IV - Permitting and Operation of Emissions Inspection Stations › Section 9VAC5-91-370 - Fleet emissions inspection stations; mobile fleet emissions inspection stations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  owner of a fleet may be issued a permit as a fleet emissions inspection station
				  and may conduct inspections of that fleet or contract to have such inspections
				  conducted. As a fleet inspection station, inspections shall be conducted only
				  on vehicles commonly owned, operated, leased, or rented by that person or
				  political subdivision and not for employees or the general public. A fleet
				  emissions inspection station owner shall comply with all applicable
				  requirements for emissions inspection stations except those from which they are
				  specifically exempted by this chapter or by special terms or conditions of a
				  special permit issued according to
				  9VAC5-91-260 A 3.
B. Fleet emissions inspection station owners
				  may, upon application and granted permit, have fleet vehicles inspected through
				  the use of mobile emissions inspection stations which have obtained a permit
				  from the director to conduct inspections of that fleet.
C. Fleet emissions inspection station owners
				  using mobile fleet emissions inspections equipment shall notify the department
				  of the planned dates, times and location of intended inspections not later than
				  two weeks prior to testing and, upon request by the department, shall provide a
				  list of vehicles to be inspected.
D. Each fleet emissions inspection station
				  owner is responsible for all vehicle emissions inspection records and data for
				  vehicles inspected in that facility.
E. Fleet owners and fleet emissions
				  inspection station owners shall provide a list that includes vehicle compliance
				  status, updated annually, of affected motor vehicles.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part V - Emissions Inspector Testing and Licensing › Section 9VAC5-91-380 - Emissions inspector licenses and renewals

Current through Register Vol. 40, No. 24, July 15, 2024
A. The director shall issue, suspend, revoke
				  or deny licenses, and establish procedures and other instructions for emissions
				  inspectors.
B. Applicants shall
				  qualify under
				  9VAC5-91-390
				  and shall demonstrate to the department proof of identification and the ability
				  to properly conduct vehicle emissions inspections according to this chapter
				  prior to being issued an emissions inspector license.
C. Application for licenses shall be made to,
				  and in accordance with procedures approved by, the department.
D. Licenses shall be valid for time periods
				  determined by the department, not to exceed three years from the end of the
				  month in which issued.
1. Upon expiration of
				  the license, the emissions inspector shall no longer be authorized to perform
				  emissions inspections.
2. Upon
				  expiration of the license, the applicant shall be required to pass the testing
				  requirements in
				  9VAC5-91-390
				  before being relicensed.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part V - Emissions Inspector Testing and Licensing › Section 9VAC5-91-400 - Conduct of emissions inspectors

Current through Register Vol. 40, No. 24, July 15, 2024
Emissions inspectors shall be truthful and cooperate with
					 the department during the conduct of audits, investigations and complaint
					 resolution and all official matters.
Statutory Authority
§§ 46.2-1178.1, 46.2-1179, 46.2-1180, and
						46.2-1187.2 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-410 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The key steps in
				  the emissions inspection procedure are as follows:
1. Preliminary inspection of the vehicle to
				  determine whether to accept the vehicle for testing or reject it, as approved
				  by the department and according to
				  9VAC5-91-420
				  C. If the vehicle is rejected, the results of such preliminary inspection shall
				  be provided to the customer.
2.
				  Advise the customer of the ability of the emissions inspection station to
				  perform emissions related repairs including the availability of certified
				  emissions repair technicians and necessary equipment. If the vehicle failed the
				  test, inform the customer of their right to seek repairs elsewhere.
3. An agreement between the customer and the
				  emissions inspection station, oral or written, that an emissions inspection
				  will be performed and the requisite fee paid.
4. Determination of the type of emissions
				  test required, ASM or two-speed idle test, or OBD system test for OBD vehicles.
				  For certain OBD vehicles, the director may require an exhaust test (ASM or
				  two-speed idle) in addition to the OBD system test if he conducts appropriate
				  studies and determines that (i) the expected failure rate for exhaust testing
				  for these certain vehicles would be greater than 5.0%, (ii) additional
				  emissions reductions would be achieved, and (iii) the EPA acknowledges such
				  emissions reduction benefits.
5.
				  The inspection of emissions control equipment and an evaluation for the
				  presence of visible smoke.
6. The
				  test of exhaust emissions levels, or the vehicle's on-board diagnostic system
				  if applicable, using a certified analyzer system.
7. The distribution of documents and
				  emissions inspection results. The emissions inspector shall sign each motor
				  vehicle emissions inspection report for each emissions inspection performed by
				  that inspector. The inspector's identification number or the inspector's
				  signature, or both, shall be an endorsement that all aspects of the emissions
				  inspection were performed by the inspector in accordance with this
				  chapter.
8. Advise customers of
				  emissions inspection results, options for waiver if applicable, and the
				  obligation of the station to perform a free retest within 14 days for failed
				  vehicles and the conditions placed on the motorist in regard to free
				  retests.
9. Conduct free retest, if
				  necessary, within 14 days of a chargeable initial test.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-430 - ASM test procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  ASM equipment shall be in proper operating condition according to the
				  manufacturer's instructions prior to initiating a test.
1. The vehicle shall be maneuvered onto the
				  dynamometer with the drive wheels positioned on the dynamometer rolls. Prior to
				  test initiation, the rolls shall be rotated until the vehicle laterally
				  stabilizes on the dynamometer. Vehicles that cannot be stabilized on the
				  dynamometer shall be rejected from testing. Drive wheel tires shall be dried if
				  necessary to prevent slippage.
2.
				  Prior to initiating the ASM exhaust test procedure:
a. Vehicles that are also required to receive
				  OBD testing shall be connected to the appropriate test equipment and vehicle
				  and analyzer system manufacturer instructions.
b. The OBD test, if applicable, shall be
				  performed prior to the ASM test.
3. When ambient temperatures exceed 72°F,
				  testing shall not begin until the cooling fan is positioned and activated. The
				  cooling fan shall be positioned to direct air to the vehicle cooling system,
				  but shall not be directed at the catalytic converter.
4. Testing shall not begin until the vehicle
				  is properly restrained for ASM testing.
5. Testing shall not begin until the exhaust
				  ventilation system is properly functioning and attached or positioned as
				  necessary.
6. To ensure that the
				  motor vehicle and the dynamometer are in a warmed-up condition prior to
				  official testing, a 30-90 second preconditioning, as determined by the
				  department, shall be performed using the ASM 2525 load simulation.
7. Prior to each test or mode of a test, the
				  analyzer system shall automatically select the load setting of the
				  dynamometer.
8. Engine speed shall
				  be monitored by means of an RPM sensor and recorded in the test
				  record.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-440 - Two-speed idle test procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The emissions inspection procedure shall
				  be a two-speed idle test as specified in section (II) of Appendix B of 40 CFR
				  Part 51, Subpart S.
1. The two-speed idle
				  test shall consist of a test of the vehicle's exhaust emissions at idle and at
				  2500 rpm while the vehicle's gear selector is in neutral or park.
2. The idle test shall be administered after
				  the 2500 rpm test. The tests shall be run consecutively.
3. The complete test shall consist of a first
				  chance 2500 RPM mode test; followed by a first chance idle mode test. If either
				  first chance mode fails, the first chance shall be followed by a
				  preconditioning at 2500 RPM for up to three minutes and a second chance 2500
				  RPM mode test followed by a second chance idle mode. The department may
				  eliminate the need to repeat a mode that passed the first chance
				  test.
4. If the vehicle fails the
				  first chance test, the second chance test and preconditioning shall be omitted
				  if no exhaust hydrocarbon concentration less than 1800 ppm is detected within
				  an elapsed time of 30 seconds. The department may eliminate the need to do a
				  second chance test if the vehicle has already failed an emissions component
				  check.
5. Motor vehicle
				  manufacturers and the Environmental Protection Agency may issue special test
				  instructions for specific vehicle models which shall be followed in lieu of the
				  test procedures specified in this section if such instructions are provided
				  through the administrator.
6. In
				  order to pass the two-speed idle test, the vehicle's exhaust shall not exceed
				  the standards listed in
				  9VAC5-91-160.
7. Vehicles which are required to receive OBD
				  testing shall be connected to the appropriate test equipment according to
				  vehicle and analyzer manufacturer instructions. The OBD test shall be performed
				  prior to the two-speed idle test.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-450

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-460 to 9VAC5-91-470

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-480 - Emissions related repairs

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Emissions related repairs generally include only those adjustments to and
				  maintenance and repair of the motor vehicle components and systems which are
				  directly related to the reduction of exhaust and evaporative emissions
				  necessary to comply with the applicable emissions standards. The expenditure
				  for emissions related repairs does not include the inspection fee as specified
				  in § 46.2-1182 of the Virginia Motor Vehicle Emissions Control Law or the
				  expenses associated with the adjustments to and maintenance, replacement, and
				  repair of emissions control equipment if the need for such adjustment,
				  maintenance, or repair is due to obvious disconnection of, tampering with, or
				  abuse to such emissions control equipment.
B. Repairs and maintenance including but not
				  limited to the following systems may qualify as emissions related repairs
				  insofar as the purpose is to reduce exhaust or evaporative emissions:
1. Air intake systems.
2. Ignition systems.
3. Electrical systems.
4. Fuel control systems.
5. Emissions control systems.
6. Basic engine systems.
7. Engine cooling systems for microprocessor
				  based air and fuel control systems.
8. On-board diagnostic systems.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VI - Inspection Procedures › Section 9VAC5-91-490 - Engine and fuel changes

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  For those vehicles in which the original engine has been replaced, the
				  following conditions shall apply:
1. The
				  emissions standards and applicable emissions control equipment for the year and
				  model of the vehicle body or chassis, or the engine, whichever is newer,
				  according to the registration or title, shall apply.
2. For those diesel powered vehicles which
				  have been converted to operate on fuels other than diesel, the emissions
				  standards and applicable emissions control equipment for the year, make and
				  model of the gasoline equivalent for the vehicle chassis, according to the
				  registration, shall apply.
3.
				  Exceptions and final determinations regarding this section may be granted by
				  the department provided information is verifiable by inspection of the vehicle
				  engine and emissions control equipment by the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VII - Vehicle Emissions Repair Facility Certification › Section 9VAC5-91-500 - Applicability and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The director shall issue, deny, suspend or revoke certification and establish
				  procedures and other instructions for the operation of vehicle emissions repair
				  facilities where vehicle emissions related repairs will apply toward a vehicle
				  emissions inspection waiver.
B. The
				  provisions of this part apply to current certified facilities and applicants
				  for initial certifications, renewals of certification, reinstatements and
				  requalifications.
C. The director
				  shall issue a certification for any emissions repair facility qualified or
				  requalified under
				  9VAC5-91-510 except facilities
				  whose suspension period has not expired.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VII - Vehicle Emissions Repair Facility Certification › Section 9VAC5-91-510 - Certification qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Application for certification shall be made to the department in accordance
				  with procedures approved by the department.
B. Applicants shall demonstrate to the
				  department the ability to conform to this chapter.
C. Certifications shall be valid only to the
				  emissions repair facility, owner, or lessee for which it is issued and may not
				  be transferred or used at any other emissions repair facility nor by any other
				  owner.
D. Transfer or sale of
				  business, or changes in partnership, name or location shall require
				  notification to the department and shall require new certification.
E. The department may require proof of
				  business ownership, articles of incorporation, partnership agreements and lease
				  agreements prior to certification of an emissions repair facility.
F. All emissions repair facility
				  certification documentation shall be posted in a conspicuous place on the
				  certified premises, within view of the public and approved by the
				  department.
G. Certification is
				  valid for time periods determined by the department, not to exceed three years
				  from the end of the month in which certified. The director may extend such
				  certification once, for up to six months from the original expiration date, if
				  shown that the availability of training or equipment prevent recertification
				  prior to expiration.
H. Equipment,
				  tools, and reference materials, including but not limited to the following
				  list, are required to be available in certified emissions repair facilities
				  contingent on commercial availability.
1. For
				  vehicles subject to the Northern Virginia emissions inspection program and
				  serviced by that emissions repair facility, current reference material, either
				  in manual or electronic form, to include:
a.
				  Emissions control systems and application guides.
b. Emissions related repair guides.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VII - Vehicle Emissions Repair Facility Certification › Section 9VAC5-91-520 - Expiration, reinstatement, renewal, and requalification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon expiration, suspension, or revocation
				  of certification or inability to conform to the qualifications for
				  certification, vehicle emissions related repairs performed by the emissions
				  repair facility shall no longer be applicable toward a vehicle emissions
				  inspection waiver as described in
				  9VAC5-91-420 N until such time as
				  the facility's certification is reinstated or the facility meets the
				  qualifications for certification.
B. A new application is required after
				  revocation or expiration of the certification.
C. The director shall reinstate an emissions
				  repair facility certification at the end of a suspension period upon
				  notification by the facility that the suspension period has ended.
D. Requalification may be required at any
				  time by the department based on the results of monitoring of emissions repair
				  facility performance or changes in applicable vehicle emissions control or
				  repair technology.
E. If an
				  emissions repair facility fails to become requalified within 90 days after
				  notice of requalification requirement by the department, the certification
				  shall expire.
F. The department
				  will endeavor to notify facilities prior to the expiration of certification.
				  However, it is the responsibility of the emissions repair facility to have a
				  current valid certification.
G.
				  Expiration of certification or revocation of certification shall require
				  reapplication.
H. Upon expiration
				  or notification of revocation, the emissions repair facility shall surrender to
				  the department all certification documents issued by the department.
I. Any applicant whose certification has been
				  revoked shall make a showing to the director that the condition causing the
				  revocation has been corrected to the satisfaction of the director.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VII - Vehicle Emissions Repair Facility Certification › Section 9VAC5-91-530 - Emissions repair facility operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Emissions repair facilities shall maintain
				  applicable repair and certification related records available for inspection
				  and audit by the department any time during normal business hours for 12
				  months.
B. Emissions repair
				  facilities shall employ at least one certified emissions repair technician
				  during posted emissions repair station hours. Facilities shall immediately
				  notify the department if repairs applicable toward a waiver are unable to be
				  performed for any reason.
C.
				  Emissions repair facility operations shall be conducted in accordance with
				  applicable statutes and this chapter.
D. Emissions repair facilities shall provide
				  emissions repair data and other such information related to repair
				  effectiveness as required by the department in accordance with subsection A of
				  this section for the purposes of emissions related repair performance
				  monitoring. The facilities shall ensure that emissions repair data forms are
				  (i) properly and completely filled-out, (ii) signed by the certified emissions
				  repair technician employed by that facility who performed, supervised or
				  approved the repairs, and (iii) provided to the customer along with a receipt,
				  invoice or repair order for the work performed.
E. No facility shall be represented as a
				  certified emissions repair facility unless a valid certification has been
				  issued for that facility by the director.
F. Emissions repair facilities shall
				  cooperate with the department during the conduct of audits, investigations, and
				  complaint resolutions.
G.
				  Equipment, tools, and reference materials must be maintained in proper working
				  order.
H. Emissions repair
				  facilities shall maintain a file of the name, address, and identification
				  number of all currently employed certified emissions repair technicians and
				  shall provide such information to the department upon request.
I. Repairs to qualify toward the waiver cost
				  threshold shall be conducted in accordance with
				  9VAC5-91-420
				  N,
				  9VAC5-91-480
				  C and
				  9VAC5-91-580
				  D.
Statutory Authority: §
												46.2-1180
						of the Code of Virginia; § 182 of the Clear Air Act; 40 CFR Part 51,
						Subpart S.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VII - Vehicle Emissions Repair Facility Certification › Section 9VAC5-91-540 - Sign and certificate posting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Emissions repair facilities performing
				  emissions related repairs for the public shall post a sign approved or provided
				  by the department designating the location as a certified vehicle emissions
				  repair facility in a conspicuous location on the premises, in view of the
				  public and approved by the department.
B. Emissions repair facility certificates
				  shall be posted in a frame, in a conspicuous place on the permitted premises,
				  within view of the public and approved by the department.
C. Emissions repair facilities performing
				  emissions related repairs for the public shall post all signs in a manner
				  consistent with local sign ordinances or codes.
Statutory Authority: §
												46.2-1180
						of the Code of Virginia; § 182 of the Clear Air Act; 40 CFR Part 51,
						Subpart S.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VIII - Emissions Repair Technician Certification and Responsibilities › Section 9VAC5-91-550 - Applicability and authority

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The director shall issue, deny, suspend or revoke certifications to perform
				  emissions related adjustments and repairs which are intended to apply towards a
				  vehicle emissions inspection waiver.
B. The provisions of this part apply to
				  current certified technicians and applicants for initial certifications,
				  renewals, requalifications and any reinstatement of certification.
C. The director shall issue a certification
				  to any person qualified or requalified under
				  9VAC5-91-560 except persons whose
				  suspension period has not expired.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VIII - Emissions Repair Technician Certification and Responsibilities › Section 9VAC5-91-560 - Certification qualifications for emissions repair technicians

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for
				  certification under this part shall be made to the department and in accordance
				  with procedures approved by the department.
B. Applicants shall demonstrate to the
				  department the ability to conform with applicable motor vehicle laws and this
				  chapter.
C. Certification is valid
				  only for the person to whom it is issued.
D. Emissions repair technicians may be
				  certified to perform emissions related repairs at more than one certified
				  station.
E. Certification is valid
				  for a time period determined by the department, not to exceed three years from
				  the end of the month in which issued. The director may extend such
				  certification once, for up to six months from the date of original expiration,
				  if shown that the availability of training or equipment prevent recertification
				  prior to expiration.
F. The
				  requirements for emissions repair technician certification are as follows:
1. The certification process shall be
				  administered by the department or its agent according to procedures of the
				  department. Before applicants are certified, they must comply with the
				  requirements of this section. The department will notify applicants of the
				  certification requirements prior to testing.
2. An applicant shall demonstrate knowledge,
				  skill, and competence concerning the adjustment and repair of vehicle emissions
				  control systems. Such knowledge, skill and competence shall be demonstrated by
				  passing a qualification test and certification process, which may include
				  training, as approved by the department. Such demonstration may include
				  knowledge of the following:
a. Operation and
				  purpose of emissions control systems.
b. Relationship of hydrocarbon, oxides of
				  nitrogen and carbon monoxide emissions to timing and air-to-fuel ratio control
				  and vehicle load as applicable to the emissions inspection required.
c. Adjustment and repair to manufacturers'
				  specifications.
d. Contemporary
				  diagnostic and engine tune-up procedures.
e. Emissions related adjustment and repair
				  requirements for all vehicles failing an emissions inspection, in particular,
				  the adjustment and repair of those systems described in
				  9VAC5-91-480.
f. Other such relevant emissions related
				  repair criteria, as determined by the department.
g. Other provisions of this chapter
				  applicable to emissions related repair.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VIII - Emissions Repair Technician Certification and Responsibilities › Section 9VAC5-91-570 - Expiration, reinstatement, renewal and requalification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon expiration, suspension, or revocation
				  of the certification, the emissions repair technician shall no longer be
				  authorized to perform emissions related repairs and have them apply toward
				  emissions inspection waivers as described in
				  9VAC5-91-420 M.
B. Certification of an emissions repair
				  technician is required as a result of revocation or expiration of the
				  certification.
C. The director
				  shall reinstate certification of an emissions repair technician at the end of a
				  suspension period upon notification by the emissions repair technician that the
				  suspension period has ended.
D.
				  Requalification may be required at any time by the department based on the
				  results of monitoring of the performance of the emissions repair technician or
				  based on changes in applicable vehicle emissions control or repair technology.
				  Failure to requalify within three months of notification shall result in
				  expiration of the emissions repair technician certification.
E. The department will endeavor to notify
				  technicians prior to the expiration of their certification. However, it is the
				  responsibility of the emissions repair technician to maintain a current
				  certification.
F. Upon expiration
				  or notification of revocation or suspension, the technician shall surrender to
				  the department all certification documents issued by the department.
G. Requalification requirements for all
				  emissions repair technicians.
1. When
				  necessary to update the technical qualifications of emissions repair
				  technicians, or when technician performance monitoring indicates a need for
				  additional training or other action, holders of emissions repair technician
				  certifications shall be required to requalify.
2. Emissions repair technicians shall be
				  required to requalify within 90 days from the date of written notification by
				  the department. Notice of this requirement shall be mailed, by postal or
				  electronic delivery, to the address of record as maintained by the department.
				  The notice shall inform the person of the necessity of requalification and the
				  nature of such skills, systems, and procedures requiring the training for the
				  continued performance as an emissions repair technician. The notice shall give
				  the name and location of training sources approved or accredited for purposes
				  of retraining, the necessity of requalification by a certain date, and the
				  nature and evidence of documentation to be filed with the department evidencing
				  such requalification.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part VIII - Emissions Repair Technician Certification and Responsibilities › Section 9VAC5-91-580 - Certified emissions repair technician responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall represent himself as a
				  certified emissions repair technician without holding a valid certification
				  issued by the director.
B.
				  Certification documents shall be available on the premises where the emissions
				  repair technician is performing emissions related repairs and available to
				  department personnel upon request.
C. Emissions repair technicians shall keep
				  their current mailing address and place of employment on file with the
				  department.
D. Certified emissions
				  repair technicians shall properly complete and sign forms, including but not
				  limited to the repair section of the vehicle emissions inspection report,
				  indicating the diagnosis or reason for failure of the emissions inspection, the
				  type of emissions related repair work performed, the itemized and total cost of
				  such repairs, and provide other data the department requires for consideration
				  of emissions inspection waiver requests. The technician shall sign only repair
				  data forms for repairs that were performed or supervised by the technician
				  while on duty at the repair facility.
E. All emissions repair technicians shall
				  cooperate with the department during the conduct of audits, investigations and
				  complaint resolution.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IX - Enforcement Procedures › Section 9VAC5-91-590 - Enforcement of regulations, permits, licenses, certifications and orders

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licensees,
				  permittees, certified emissions repair technicians and certified emissions
				  repair facilities shall be subject to the provisions of this chapter, be
				  responsible for their own actions and be responsible for the actions of persons
				  employed by them.
B. A violation of
				  the Virginia Motor Vehicle Emissions Control Law, any provision of this chapter
				  or any permit, license, certification or order shall be cause for a notice of
				  violation to be served on the alleged violator, citing the applicable
				  provisions of the Virginia Motor Vehicle Emissions Control Law, this chapter,
				  the permit, license, certification requirement or order, or any combination
				  thereof involved, and the facts on which the alleged violation is
				  based.
C. Owners are responsible
				  for the overall operation of the emissions inspection station or emissions
				  repair facilities including the actions of its employees and any licensed
				  emissions inspector or certified emissions repair technician working at that
				  station or facility and may be issued a notice of violation for any violation
				  of this chapter by such persons.
D.
				  A notice of violation may be addressed through a consent order or through the
				  informal fact finding or formal hearing process.
E. The director or a designated
				  representative shall issue and sign consent orders, conduct informal fact
				  findings and formal hearings and make all case decisions. Formal hearings shall
				  be conducted in accordance with § 2.2-4020 of the Administrative Process
				  Act.
F. Nothing in this chapter
				  shall prevent the department from negotiating a consent order in lieu of a
				  penalty in any case.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IX - Enforcement Procedures › Section 9VAC5-91-610 - Consent orders and penalties for violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Penalties for violations of the Virginia
				  Motor Vehicle Emissions Control Law, this chapter, permits, licenses,
				  certifications, and orders include letters of reprimand, probation, suspension,
				  and revocation.
B. Penalties may be
				  imposed as a result of an informal fact finding or formal hearing, and may be
				  negotiated by the parties for inclusion in consent orders.
C. A consent order shall contain an agreed-to
				  penalty in the form of a letter of reprimand, probationary period, or
				  suspension, or a civil charge, a combination thereof, or other agreed upon
				  actions.
D. For any minor
				  violation, as described in
				  9VAC5-91-630, the director may
				  negotiate or impose pursuant to an informal fact finding or formal hearing:
1. A letter of reprimand.
2. For the second minor violation within 24
				  months, a letter of reprimand and a probationary period not to exceed 12
				  months.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 91 - REGULATIONS FOR THE CONTROL OF MOTOR VEHICLE EMISSIONS IN THE NORTHERN VIRGINIA AREA › Part IX - Enforcement Procedures › Section 9VAC5-91-620 - Major violations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Major violations are considered the most serious of offenses resulting from
				  unacceptable performances in the conduct of emissions inspections, the
				  operation of emissions analyzer systems, and the conduct of emissions related
				  repairs. Such violations are of a nature that would directly affect the
				  integrity, credibility, and emissions reduction effectiveness of the vehicle
				  emissions inspection program.
B. A
				  violation of the following provisions of this chapter by any person or facility
				  whether or not permitted, licensed or certified, shall constitute a major
				  violation:
9VAC5-91-220 B, C, E, F
9VAC5-91-290 B, C, D, E, G
9VAC5-91-300 B, C
9VAC5-91-320 A, D
9VAC5-91-330
9VAC5-91-340 A, D
9VAC5-91-360 B, C, E
9VAC5-91-370 A, C
9VAC5-91-380 F, I
9VAC5-91-400
9VAC5-91-410
9VAC5-91-420 (except D 4)
9VAC5-91-430 A 1, 2, 3, 5, 8
9VAC5-91-440 A 1, 7
9VAC5-91-450 A, C, D
9VAC5-91-480 A
9VAC5-91-490 A, B, C
9VAC5-91-510 C, H
9VAC5-91-530 A, B, D, E, F,
					 G
9VAC5-91-560 C
9VAC5-91-580 A, D, E
9VAC5-91-640 B
C. Obtaining a permit, license or
				  certification by false statement or misrepresentation or operating under a
				  permit, license or certification while not in compliance with the conditions
				  for such permit, license, or certification is a major violation and shall be
				  grounds for revocation.
D. Use of
				  alcohol or illegal drugs while performing emissions inspections or
				  emissions-related repair, or performing emissions inspections or
				  emissions-related repair while under the influence of alcohol or illegal drugs,
				  shall be considered a major violation and shall be grounds for revocation of
				  the license, permit or certificate.
E. Any third and subsequent minor violation
				  within 24 months shall be considered a major violation.
F. Any violation of the Virginia Motor
				  Vehicle Emissions Control Law and this chapter that is not specifically
				  identified in this section may be treated as a major violation if the director
				  determines on a case-by-case basis that the violation fits the criteria for
				  major violations set forth in subsection A of this section.
Statutory Authority
§ 46.2-1180 of the Code of Virginia.