PURPOSE: This rule enacts the provisions of sections 643.300–643.355, RSMo and meets the 1990 Clean Air Act requirement that the ozone state implementation plan contains necessary enforceable measures to upgrade the mandatory inspection and maintenance program in order to reduce vehicle emissions in the St. Louis nonattainment area.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) Definitions.

   1. (A) Definitions for key words used in this rule may be found in 10 CSR 10-6.020(2).

   2. (B) Additional definitions specific to this rule are as follows:

      1. 1. Contractor—The state contracted

company who shall implement and operate 10 CSR 10-5

the motor vehicle emissions inspection program as specified in sections 643.300– 643.355, RSMo;

1. 2. Control chart—Statistical method of

showing graphically, determining, forecasting, and maintaining performance conditions and parameters in the pursuit of appropriate quality control;

1. 3. Department—The Department of

Natural Resources;

1. 4. Gross Vehicle Weight Rating

(GVWR)—The value specified by the manufacturer as the maximum design loaded weight of a single vehicle;

1. 5. Initial inspection—An inspection con-

sisting of the test series that occurs the first time a vehicle is inspected in an inspection cycle. The required test fee is collected upon an initial inspection;

1. 6. Light Duty Truck (LDT)—Any motor

vehicle rated at eight thousand five hundred pounds (8,500) GVWR or less which has a vehicle curb weight of six thousand pounds (6,000) or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is: designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or available with special features enabling offstreet or off-highway operation and use;

1. 7. Light Duty Vehicle (LDV)—A pas-

senger car or passenger car derivative capable of seating twelve (12) passengers or less;

1. 8. Qualifying repair—Any repair or

adjustment performed on a vehicle’s emission control system after failing an emissions inspection, that is appropriate to the test failure. Qualifying repairs shall include the repair or adjustment of emission control devices such that the requirements of parts (3)(H)1.B(IV)–(3)(H)1.B(XI) of this rule are satisfied;

1. 9. Recognized repair technician—any

person who—

1. A. Is professionally engaged in vehi-

cle repair or employed by an ongoing business whose purpose is vehicle repair;

1. B. Has valid certifications in National

Institute for Automotive Service Excellence (ASE) Electrical Systems (A6), Engine Performance (A8), and Advanced Engine Performance Specialist (L1); and

1. C. Has satisfactorily completed an

independent or vehicle manufacturer’s training course, approved by the department, or has passed a nationally-recognized test, approved by the department, which course or test covers the emissions tests given, diagnosis of the causes for failures, and repair work most frequently done for vehicles failing the transient emission test;

1. 10. Steady state emission test—an

engine exhaust emissions test in which the engine of a vehicle remains at a relatively uniform number of revolutions per minute;

1. 11. Tier 1—new gaseous, particulate

tailpipe, and emission standards established by United States Environmental Protection Agency (EPA) for use in certifying new light duty vehicles and light duty trucks phased in beginning with the 1994 model year;

1. 12. Transient emission test—an engine

exhaust emissions test in which the engine of a vehicle is put under changing load requirements intended to simulate actual driving conditions; and

1. 13. Unsafe condition—the mechanical

and physical condition of a motor vehicle which an emissions inspector believes has the potential to cause harm to persons or property during the course of an emissions inspection.

1. (2) Applicability.

   1. (A) Except as provided in subsection (2)(B) of this rule, subject vehicles include all vehicles operated on public roadways in the geographical area containing the City of St. Louis and the counties of St. Louis, St. Charles, and Jefferson and which are:

      1. 1. Registered in the area with the state of

Missouri Department of Revenue; or

1. 2. Leased, rented, or privately owned

and are not registered in the geographical area but are primarily operated in the area; or

1. 3. Owned or leased by federal, state, or

local government agencies, and are primarily operated in the geographical area, but are not required to be registered by the state of Missouri; or

1. 4. Owned, leased, or operated by civil-

ian and military personnel on federal installations located within the geographical area, regardless of where the vehicles are registered.

1. (B) The following vehicles are exempt from this rule:

   1. 1. Model year vehicles prior to 1971;
   2. 2. Motor vehicles with a manufacturer’s

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

1. 3. Diesel powered vehicles;
2. 4. Hydrogen powered vehicles;
3. 5. Electrically powered vehicles;
4. 6. Alternative-fueled vehicles without

test procedures established by federal regulation;

1. 7. Motorcycles and motortricycles;
2. 8. New and unused motor vehicles, of

model years of the current calendar year and of any calendar year within two (2) years of such calendar year, which have an odometer reading of less than six thousand (6,000) miles at the time of original sale by a motor vehicle manufacturer or licensed motor vehicle dealer to the first user;

1. 9. Motor vehicles registered in the

applicable area covered by this section which are domiciled and operated exclusively in an area of the state not subject to the provisions of this section for a period covering the next twenty-four (24) months. The owner of the vehicle shall present the director a sworn affidavit that the vehicle will be based and operated outside the covered area;

1. 10. Tactical military vehicles; and
2. 11. Visitor, employee, or military per-

sonnel vehicles on federal installations provided appointments do not exceed sixty (60) calendar days per calendar year.

1. (3) General Requirements.

   1. (A) Compliance.

      1. 1. Compliance with emission standards.

Motor vehicles subject to this rule shall demonstrate compliance with emission standards in this rule. Such demonstration shall be made through the testing procedures and be completed on the schedule specified in this rule. Completion of the scheduled demonstration is necessary for vehicle initial registration, registration renewal, or registration transfer. Failure to complete a scheduled vehicle emission inspection before registration shall be a violation of this rule and these violations are subject to penalties specified in section 643.355, RSMo.

1. 2. Proof of compliance. Federal, state,

and local government agencies shall provide documentation of proof of compliance with this section to the department. The agencies shall use the following methods to establish proof of compliance:

1. A. Present a list on a quarterly basis

of all vehicles owned by the agency or operated by agency personnel subject to this section;

1. B. Provide department inspection per-

sonnel access to vehicle parking lots, garages, and areas otherwise used to store vehicles in order to examine vehicles for the presence of emission inspection stickers. All federal agencies shall ensure employee and military personnel vehicles meet the requirements of this subsection; and

1. C. All subject vehicles owned by fed-

eral, state and local governments shall be emission inspected within the first twentyfour (24) months of the effective date of the enhanced inspection and maintenance program in compliance with the model year requirement.

1. (B) Vehicle Emission Inspection Interval. Vehicles subject to this rule, manufactured as an odd-numbered model year vehicle are required to be inspected and approved by the emission inspection program in each oddnumbered calendar year and a subject vehicle manufactured as an even-numbered model year vehicle is required to be inspected and approved by the emission inspection program in each even-numbered calendar year. At the time of registration transfer, vehicles are required to be inspected and approved by the emission inspection program, regardless of the vehicle model year.
2. (C) Emission Inspection Period. An emission inspection performed on a subject vehicle is valid, for the purposes of obtaining registration or registration renewal, for a period of sixty (60) days.

3. (D) Fleets.

   1. 1. Fleet test facilities. Vehicle fleets of

five hundred (500) vehicles or greater may be officially inspected outside of the centralized emission inspection stations designated for the general public, if the fleet test facilities are approved by the department. Vehicle fleets using such fleet testing facilities shall be subject to the same test requirements and quality control standards as nonfleet vehicles. Owners or operators of such vehicle fleets shall use the state contractor to conduct the emission inspection tests. Owners or operators may make repairs to fleet vehicles on site. Fleet test facilities shall be subject to at least as stringent quality assurance evaluations as public inspection stations.

1. 2. Vehicle fleets less than five hundred

(500). Vehicle fleets of ten (10) vehicles or greater shall be given special consideration at public test facilities. The department shall require operators of emission inspection test facilities to accommodate fleets with special hours, scheduling appointments during hours not open to the public, and providing a voucher payment system.

1. (E) Emission Inspection Fee.

   1. 1. The vehicle owner or driver shall pay

twenty-four dollars ($24) to the centralized emission inspection station.

1. 2. This fee shall also include free rein-

spections, provided the vehicle owner or driver complies with all reinspection requirements as required in subsection (3)(G) of this rule, and the reinspections are conducted within thirty (30) days of the initial inspection.

1. 3. The required test fee shall be reduced

on days of operation, other than the last three (3) days of operation in each calendar month, by an amount proportional to the time that the vehicle owner or driver is required to wait before the inspection begins. Specific to the St. Louis Metropolitan Area

1. A. If the wait time is greater than fif-

teen (15) minutes, the fee shall be reduced by five dollars ($5);

1. B. If the wait time is greater than thir-

ty (30) minutes, the fee shall be reduced by ten dollars ($10); or

1. C. If the wait time is greater than one

1. (1) hour, the fee shall be reduced by twenty dollars ($20).

   1. 4. The fee reimbursed to the state by the

contractor shall be two dollars and fifty cents ($2.50) for each individual fee paid by a vehicle owner or driver. The fee shall be remitted to the Director of Revenue on a weekly basis. The Director of Revenue shall deposit the fee into the “Missouri Air Emission Reduction Fund” as established by 643.350, RSMo.

1. (F) Vehicle Inspection Process. The emission inspection shall consist of emission tests and functional tests which shall be subject to the following requirements:

   1. 1. If a subject vehicle is targeted for a

voluntary or mandatory manufacturer’s emission recall notice issued after July 1, 1995, the vehicle owner or operator shall present to the emission inspection station proof of compliance with the recall notice;

1. 2. A vehicle shall not be tested if all or

part of the exhaust system is missing, leaking, or if the vehicle is in an unsafe condition. If a motor vehicle is refused for inspection then the inspector shall give the motorist a form that identifies the reasons for inspection refusal. No fee shall be charged for this inspection;

1. 3. Upon entering the inspection station

queuing area and prior to inspection commencement, the vehicle owner or driver shall be presented a time card for the verification of arrival time and wait time;

1. 4. The vehicle owner or driver shall

have access to an area in the inspection station that permits observation of the entire official inspection procedure of the vehicle tested. This access may be limited, but it shall not prevent observation;

1. 5. Vehicles shall be tested in as-received

condition. An official test, once initiated, shall be performed in its entirety regardless of immediate outcome, except in the case of an invalid test condition, unsafe conditions, or test completion via fast pass algorithms;

1. 6. The initial inspection shall be per-

formed without repair or adjustment at the emission inspection station prior to commencement of any tests, except as provided for in the evaporative system pressure and purge tests. Emission inspections performed after the initial inspection in an inspection cycle shall be considered a reinspection and are subject to provisions of subsection (3)(G) of this rule;

1. 7. If a subject vehicle passes all emis-

sion inspection requirements within a complete inspection cycle, the emission inspection station shall issue the vehicle owner or driver an emission inspection certificate of compliance certifying that the vehicle has passed the emission inspection, and place an emission inspection sticker on the windshield of the subject vehicle. The positioning of the sticker on the windshield of the vehicle shall take place on the premises of the emission inspection station;

1. 8. If a subject vehicle fails any phase of

the emission inspection requirements, the emission inspection station shall provide the vehicle owner or driver with an emission inspection test report indicating which part(s) of the emission inspection that the vehicle failed, a list of repair facilities employing at least one (1) recognized repair technician, a repair data sheet, and a copy of the customer complaint procedure;

1. 9. If a subject vehicle fails any part of

the emission inspection, the vehicle owner must have the vehicle repaired and complete a repair data sheet before submitting the vehicle for reinspection; and

1. 10. If the subject vehicle fails a rein-

spection, the vehicle owner can apply for a compliance waiver. If all waiver requirements as prescribed in subsection (3)(H) of this rule are met, a waiver shall be issued by the department-approved inspector at the emission inspection station.

1. (G) Reinspection.

   1. 1. Reinspection procedure. All vehicles

that require a reinspection are required to receive a visual emission control device inspection. Vehicles that fail any part of the initial inspection or a reinspection shall be reinspected after repairs, to determine if the repairs were effective for correcting failures on the previous inspection. To the extent that repairs done to correct a previous failure could lead to failure of another portion of the inspection, that portion shall also be retested. Evaporative system repairs performed as a result of a vehicle failing either the evaporative system purge or pressure test will be cause for a complete reinspection covering all the initial inspection requirements. The reinspection shall be performed without repair or adjustment at the emission inspection station prior to tests, except as provided for in the evaporative system pressure and purge tests.

1. 2. Repair data sheet. For a reinspection,

the vehicle owner or driver shall present the previous emission inspection test results report and the completed repair data sheet to the inspection station. Whether repairs were performed by the owner, a recognized repair technician, or someone other than a recog- 10 CSR 10-5

nized repair technician, the repair data sheet must be completed and presented to the department-approved inspector at the emission inspection station.

1. 3. Reinspection fees. To qualify for fee

reinspections, the vehicle owner or driver shall present the emission inspection test report and the completed repair data sheet to the emission inspection station within thirty (30) calendar days of the initial emission inspection. Reinspections after the thirty (30)-day period shall only be performed upon payment of the full emission inspection test fee to the emission inspection station.

1. (H) Issuance of a Waiver.

   1. 1. The department, assistant station

manager, or station manager at the emission inspection station shall issue an emission inspection certificate of compliance, with an indicator to show that the vehicle has received a waiver to the vehicle owner or driver, and an emissions inspection sticker shall be affixed to the subject vehicle provided the following waiver requirements are met:

1. A. The subject vehicle has failed the

initial emission inspection, and has failed a reinspection(s) after all qualifying repairs have been completed. As prescribed in paragraph (3)(G)2. of this rule, a completed repair data sheet for the failed initial inspection and for all failed reinspections in the applicable inspection cycle must also be presented to the department-approved inspector at the emission inspection station when applying for a waiver;

1. B. The amount spent on qualifying

repairs shall—

1. (I) Exceed seventy-five dollars

($75) for pre-1981 model year vehicles;

1. (II) Exceed two hundred dollars

($200) for 1981 to 1996 model year vehicles;

1. (III) Exceed four hundred fifty dol-

lars ($450) for 1997 and later model year vehicles;

1. (IV) Include parts costs and labor

costs paid for qualifying emission repair services performed on the vehicle if paid by the vehicle owner and if the qualifying repairs were performed or supervised by a recognized repair technician as prescribed in part (3)(H)1.C.(IV) of this rule. For qualifying emission repair services performed by someone other than a recognized repair technician, parts costs, but not labor costs, shall be counted toward the minimum cost to qualify for a waiver;

1. (V) Be appropriate to the test fail-

ure;

1. (VI) Not include expenses which

are incurred for the repair of emission control devices which have been found to be tampered with, rendered inoperative, or removed;

1. (VII) Not include costs for emis-

sions repairs or adjustments covered by an automobile manufacturer’s warranty, insurance policy, or contractual maintenance agreement. The emissions repair costs covered by warranty, insurance, or maintenance agreements shall be separated from other emissions repair costs and shall not be applied toward the waiver cost limitations. The operator of a vehicle within the statutory age and mileage coverage under subsection 207(b) of the federal Clean Air Act shall present a written denial of warranty coverage, with a complete explanation, from the manufacturer or authorized dealer in order for this provision to be waived; (VIII) Not include the fee for an emission inspection;

1. (IX) Not include charges for ob-

taining a written estimate of needed repairs;

1. (X) Not include charges for check-

ing for the presence of emission control devices; and

1. (XI) Not include costs for repairs

performed on the vehicle before the initial inspection failure;

1. C. The vehicle owner or driver shall

present the original of all repair receipts at the inspection station to demonstrate compliance with the qualifying dollar amount. The department-approved inspector issuing a waiver shall verify emission-related repairs by visually inspecting the vehicle and reviewing repair receipts. The receipts shall—

1. (I) Include the name, address, and

phone number of the repair facility;

1. (II) Describe the repairs that were

performed;

1. (III) State the labor costs (where

applicable) and parts costs for each repair; and

1. (IV) Include the name (printed or

typed) and signature of the recognized repair technician that performed or supervised the repair work (where applicable); and

1. D. The vehicle owner or driver shall

present a completed, signed waiver affidavit provided by the contractor to departmentapproved inspector at the emission inspection station indicating the costs of repairs and stating that the repairs were made in an attempt to meet the appropriate emission standards. After the effective date of this rule, any revision to the contractor supplied forms will be presented to the regulated community for a forty-five (45)-day comment period.

1. 2. The department-approved inspector

shall issue an emission inspection certificate of compliance, with an indicator to show that the vehicle has received a waiver to the vehicle owner or driver and an emissions inspection sticker shall be affixed to the subject vehicle provided the vehicle owner or driver presents a completed, signed waiver affidavit to the department-approved inspector indicating that the vehicle will be operated exclusively in an area outside of the inspection area for a period of at least the next twenty-four (24) months.

1. 3. The department-approved inspector

shall issue an emission inspection certificate of compliance with an indicator to show that the vehicle has received a waiver to the vehicle owner or driver and an emissions inspection sticker shall be affixed to the subject vehicle provided the vehicle owner or driver presents proof, acceptable to the departmentapproved inspector, that the subject vehicle has successfully passed an emission inspection of another state within the previous twelve (12) months which has been deemed equivalent to Missouri’s emission inspection by the department.

1. (I) Clean Screening Requirements. Clean screening shall be used to exempt the cleanest subject vehicles from emissions testing at centralized emission inspection stations. All subject vehicles including federal, state, and local government agency vehicles shall be eligible for clean screening. Motorist participation shall be strictly voluntary.

   1. 1. All clean screening plans must be

approved by the state agency. Clean screening plans shall meet at least one of the following requirements:

1. A. Remote Sensing Device (RSD)

Requirements. The cutpoints shall be determined corresponding to vehicle model year and measure vehicle emission concentrations for hydrocarbons (HC), carbon monoxide (CO), and nitrogen oxides (NOx) according to the EPA guidelines in “Description and Documentation for Interim Vehicle Clean Screening Credit Utility” (Draft Report) May 1998. The cutpoints should minimize the potential of dirty vehicles being falsely identified as clean. The use of speed and acceleration analysis to define a valid test should also be used. Remote sensing data collection shall occur during each month of the year, weather permitting, so that clean screening exemptions due to remote sensing are distributed throughout the year.

1. (I) Remote sensing units shall be

designed, programmed, maintained, calibrated, and quality assured in keeping with good engineering practice.

1. (II) Two (2) valid RSD tests with

all three (3) pollutants on each test are required to exempt a vehicle with a clean screening determination. If a vehicle’s record lacks any of the three (3) pollutant concentrations, that vehicle shall not be eligible for exemption based upon that record.

1. (III) The two (2) valid RSD tests

must be recorded no more than twelve (12) months before the vehicle’s emission test. Test results must be recorded on two (2) different days. If the vehicle database accumulates more than two (2) records during the twelve (12)-month period, the two (2) most recent tests must be used for clean screening evaluation.

1. (IV) Remote sensing sites must be

selected and rotated to achieve broad vehicle fleet coverage. Remote sensing sites must also be selected using good engineering practice in terms of traffic flow, road grade, acceleration, speed, and other appropriate items. Sites should be selected that avoid vehicles still in cold start mode.

1. (V) Record gathering for more

recent RSD data shall cease one (1) month ahead of each vehicle’s registration month. This cutoff allows time to match RSD tests, identify which vehicles can be exempted, and notify vehicle owners before the vehicle registration deadline.

1. (VI) Owners of eligible vehicles

shall be notified one (1) month prior to the vehicle’s registration month that the clean screening database contains two (2) valid records meeting the required cutpoints.

1. (a) The notification shall be sent

to the subject vehicle owner’s most current address on record.

1. (b) The notification shall include

the dates, locations and the two (2) valid test results compared to the appropriate cutpoints.

1. (VII) A random sample of the vehi-

cles that would be excused from emissions testing based on their remote sensing records shall undergo the emissions test during the normal inspection frequency. The EPA shall approve the size of the random sample. To assure these vehicles are truly random and not specially altered for the emissions testing, owners of these vehicles shall not be informed of their clean screening exemption status;

1. B. Vehicle Emissions Profiling Re-

quirements. Low Emitter Profiling (LEP) shall be used to exempt the cleanest subject vehicles according to the EPA guidelines in “Description and Documentation for Interim Vehicle Clean Screening Credit” (Draft Report) May 1998. RSD and emissions testing information may be used to supplement the profiling process.

1. (I) An LEP database shall be devel-

oped for the subject vehicles using sufficient information from both the Department of Revenue Motor Vehicle Bureau database and Specific to the St. Louis Metropolitan Area

fleets in other states according to the EPA guidelines. The database shall have at least one (1) million vehicle records spanning a one (1) to two (2)-year period.

1. (II) The vehicle profiles shall iden-

tify all subject vehicles required to undergo emissions testing grouped by engine family, defined as vehicle model year, make, model, engine size, and fuel metering system, and the probability that a particular vehicle in each grouping would fail the relevant emissions test.

1. (III) The LEP database shall be

updated on a regular interval based on data gathered from the subject vehicles.

1. (IV) Owners of eligible vehicles

that meet the LEP requirements shall be notified one (1) month prior to the vehicle’s registration month.

1. (a) The notification shall be sent

to the subject vehicle owner’s most current address on record.

1. (b) The notification shall list the

LEP requirements for that engine family.

1. (V) A random sample of the vehi-

cles that would be excused from emissions testing based on their LEP shall undergo the emissions test during the normal inspection frequency; or

1. C. Alternative Method Requirements.

   1. (I) The EPA and the department

shall approve the use of any alternative method or new technologies used for clean screening.

1. (II) Owners of eligible vehicles that

meet the department-approved clean screen requirements shall be notified one (1) month prior to the vehicle’s registration month.

1. (III) The notification shall include

information approved by the department. The notification shall be sent to the subject vehicle owner’s most current address on record.

1. (IV) A random sample of the vehi-

cles that would be excused from emissions testing based on the alternative method shall undergo the emissions test during the normal inspection frequency.

1. 2. The fee for a clean screen compli-

ance certificate and sticker shall be twentyfour dollars ($24) provided the requirements of paragraph (3)(I)1. of this rule are met.

1. 3. The fee reimbursed to the state by

the contractor shall be two dollars and fifty cents ($2.50) per paid clean screen certificate. The fee shall be remitted to the Director of Revenue on a weekly basis. The Director of Revenue shall deposit the fee into the “Missouri Air Emission Reduction Fund” as established by 643.350, RSMo.

1. 4. An on-road testing program shall

provide information about the emission performance of in-use subject vehicles by measuring on-road emissions through the use of remote sensing devices or roadside pullovers including tailpipe emission testing. The program shall collect and analyze on-road testing data. On-road testing is not required every season or on every vehicle but shall evaluate the emission performance of 0.5% of the subject fleet. Owners of subject vehicles that have previously been through the normal periodic emission inspection and passed the final retest that are found to be high emitters shall be notified that the vehicles are required to pass an out-of-cycle follow up emission inspection.

1. (J) Vehicle Registration. After a subject vehicle has passed the emission inspection or received a waiver, the emission inspection certificate of compliance issued by the emission inspection station shall be submitted with registration documents by the vehicle owner or representative to the Missouri Department of Revenue at the time of vehicle registration.
2. (K) Any person who owns Missouri Analyzer System emission inspection equipment as defined by 11 CSR 50 Chapter 2, used to provide emissions inspections under 307.366, RSMo, at an emission inspection facility may, within twelve (12) months of the implementation of an emissions inspection program under sections 643.300 to 643.355, RSMo, sell such equipment, to the department. The emission inspection equipment shall be fully functional, maintained according to all applicable manufacturer’s specifications and procedures and in use, as verified by department audit records. The department shall select an independent appraiser to determine the current market value of the emission inspection equipment. If any person has a lease entered into prior to January 1, 1992, the department will take possession of such equipment and assume all payment obligations if such obligations are not in excess of one hundred and twenty-five percent (125%) of current market value as determined by the independent appraiser.
3. (L) Violations and Penalties. Persons violating this rule shall be subject to penalties contained in section 643.355, RSMo.

1. (4) Emission Standards. Subject vehicles shall fail the steady-state (idle test) or the transient emission test if they exceed the following measured emission values:

   1. (A) Idle test standards for light duty vehicles and trucks less than eight thousand five hundred (8,500 lbs.) pounds GVWR. 10 CSR 10-5

Model Year CO% 1971—1974 7.0 1975—1979 6.0 1980 3.0

1. (B) Maximum exhaust dilution will be measured as no less than six percent (6%) carbon monoxide (CO) plus carbon dioxide (CO2) by volume on vehicles subject to a steady-state test as described in July 1998, Title 40 CFR part 51, subchapter S, Appendix B, which is adopted by reference;
2. (C) Phase-in Transient Test Emission Standards. For transient emission inspection tests performed through the first twenty-four

1. (24) months after the effective date of the enhanced inspection and maintenance program, the following test standards, measured in grams per mile (gpm), apply to all subject vehicles:

   1. 1. Light duty vehicles.

Model Year HC (GPM) CO (GPM) NOx (GPM) 1981—1982 2.0 1983—1990 2.0 1991—1993 1.2 Non-Tier I Vehicle 1994—1995 1.2 Tier I Vehicle 1994 and Newer 0.8

1. 2. Light duty trucks less than six thou-

sand (6,000 lbs.) pounds GVWR.

Model Year HC (GPM) CO (GPM) NOx (GPM) 1981—1983 7.5 1984—1987 3.2 1988—1990 3.2 1991—1993 2.4

Non-Tier I Vehicle 1994—1995 2.4 Tier I Vehicle 1994 and Newer 0.8

1. 3. Light duty trucks greater than six

thousand (6,000) pounds GVWR but less than eight thousand five hundred (8,500) pounds GVWR.

Model Year HC (GPM) CO (GPM) NOx (GPM) 1981—1983 7.5 1984—1987 3.2 1988—1990 3.2 1991—1993 2.4

Non-Tier I Vehicle 1994—1995 2.4 HC (PPM)

60 3.0 30 3.0 20 2.5

20 2.5

15 2.0

100 7.0 80 7.0 80 3.5 60 3.0

60 3.0

15 2.0

100 7.0 80 7.0 80 5.0 60 4.5

60 4.5 Model Year HC (GPM) CO (GPM) NOx (GPM) Tier I Vehicle 1994 and Newer 1.0

1. (D) Permanent Transient Test Emission Standards. For transient emission tests performed after the first twenty-four (24) months of implementation of the program, the following test standards apply to all subject vehicles:

   1. 1. Light duty vehicles.

Model Year HC (GPM) CO (GPM) NOx (GPM) 1981—1982 0.8 1983—1993 0.8 Non-Tier I Vehicle 1994—1995 0.8 Tier I Vehicle 1994 and Newer 0.6

1. 2. Light duty trucks less than six thou-

sand (6,000) pounds GVWR.

Model Year HC (GPM) CO (GPM) NOx (GPM) 1981—1983 3.4 1984—1987 1.6 1988—1993 1.6 Non-Tier I Vehicle 1994—1995 1.6 Tier I Vehicle 1994 and Newer 0.6

1. 3. Light duty trucks greater than six

thousand (6,000) pounds GVWR but less than eight thousand five hundred (8,500) pounds GVWR.

Model Year HC (GPM) CO (GPM) NOx (GPM) 1981—1983 3.4 1984—1987 1.6 1988—1993 1.6 Non-Tier I Vehicle 1994—1995 1.6 Tier I Vehicle 1994 and Newer 0.8

1. (E) Two-speed idle test standards for light duty vehicles and trucks less than eight thousand five hundred (8,500) pounds GVWR that cannot be transient tested.

Model Year CO (%) 1981 and newer 1.2 20 2.5

30 2.0 15 2.0

15 2.0

10 1.5

70 4.5 40 4.5 40 2.5

40 2.5

10 1.5

70 4.5 40 4.5 40 3.5

40 3.5

13 1.8

HC (PPM)

1. (F) Vehicles registered by the Department of Revenue as specially constructed vehicles shall be subject to emission standards applicable to the EPA certified engine configuration with which the vehicle is equipped.

1. (5) Test Procedures.

   1. (A) Idle Test. Idle tests shall be performed on pre-1981 model year subject vehicles in accordance with the procedures contained in July 1998, Title 40 CFR part 51, subpart S, Appendix B, paragraph (I), which is adopted by reference, except that the appropriate measured emission values shall be as specified in subsection (4)(A).
   2. (B) Two (2)-Speed Idle Test. Two (2)- speed idle tests shall be performed on subject vehicles that cannot be tested by the transient test method in subsection (5)(C). The two (2)-speed idle test shall be performed in accordance with the procedures contained in July 1998, Title 40 CFR part 51, subpart S, Appendix B, which is adopted by reference.
   3. (C) Transient Emission Test. Transient emission tests shall be performed on 1981 and newer model year subject vehicles in accordance with the procedures contained in July 1998, Title 40 CFR part 85, subchapter W, which is adopted by reference. The driving cycle shall include acceleration, deceleration, and idle operating modes as specified in July 1998, Title 40 CFR part 51, subpart S, Appendix E, which is adopted by reference. The two hundred forty (240)-second sequence may end earlier using fast pass algorithms and multiple pass/fail algorithms may be used during the test cycle to eliminate false failures. Vehicles failing by two (2) times, or less, the standard applicable to the vehicle will be retested immediately and the results of the first test disregarded. The transient test procedure, including algorithms and other procedural details, must be approved by EPA prior to use in Missouri’s inspection and maintenance program. If a vehicle cannot be tested on standard transient test equipment because of vehicle design or equipment limitations, the vehicle will be tested using a two (2)-speed idle test, as defined in subsection (5)(B) of this rule. The department shall determine the number and distribution of lanes necessary to test four (4)-wheel drive vehicles.

   4. (D) Visual Emission Control Device Inspection. Visual emission control device inspections shall be performed on 1971 and newer model year subject vehicles. Vehicles that meet the emission standards, and successfully pass the evaporative system purge and pressure test, if applicable, shall be excluded from meeting the requirements of the visual emission control device inspection as part of an initial inspection only. The visual emission control device inspection procedure shall be as follows:

      1. 1. Vehicle emission control device

inspections shall be performed through direct observation or through indirect observation using a mirror, video camera or other visual aid. Visual inspection shall include the positive crankcase ventilation valve on all 1971 model year vehicles, the exhaust gas recirculation valve on all 1972 and newer model year vehicles, and the catalyst and fuel inlet restrictor on all 1984 and newer model year vehicles;

1. 2. Vehicles shall fail the visual inspec-

tions of emission control devices if such devices are part of the original certified configuration of the vehicle and are found to be missing, modified, disconnected, or improperly connected; and

1. 3. Vehicles shall fail visual inspections

of emission control devices if these devices are found to be incorrect for the certified vehicle configuration. Aftermarket parts, as well as original equipment manufacturer parts, may be considered correct if they are proper for the certified vehicle configuration. Where EPA aftermarket approval or a selfcertification program exists for a particular class of subject parts, vehicles shall fail visual equipment inspections if the part is not from an original equipment manufacturer or from an approved or self-certified aftermarket manufacturer.

1. (E) Evaporative System Purge Test. The department will approve an Evaporative System Purge Test when a nonintrusive procedure becomes available and is approved by the EPA. All 1981 and newer model year subject vehicles will be tested and required to meet the standards when the procedure is approved.

2. (F) Evaporative System Pressure Test. Until such time as the department approves an Evaporative System Pressure Test that is more comprehensive, nonintrusive, and is approved by the EPA, the evaporative system pressure test procedure shall be as follows:

   1. 1. A gas cap test, done to the extent

practical, shall be performed on all 1981 and newer model year subject vehicles;

1. 2. The gas cap test sequence shall con-

sist of the following steps:

1. A. The gas cap will be connected to

the adapter of the test equipment;

1. B. The gas cap shall be pressurized

with air to 30 ± 0.5 inches of water;

1. C. The gas cap leak rate shall be com-

pared to an orifice with a flow rate of sixty (60) cubic centimeters per minute at thirty inches (30") of water; Specific to the St. Louis Metropolitan Area

1. 3. Vehicles shall fail the gas cap test if

the gas cap exceeds a flow rate of sixty (60) cubic centimeters per minute; and

1. 4. A visual inspection of the evaporative

emission system shall also be performed, where practical. Vehicles shall fail the visual inspection of the evaporative emission system if the canister is missing or obviously damaged, if the hoses are missing, damaged or obviously disconnected, or if the gas cap is missing.

1. (G) On-Board Diagnostic (OBD) Test Procedures.

   1. 1. All 1996 and later model year vehi-

cles equipped with OBD systems shall have the OBD system information collected, recorded, and read. Reports shall be generated. The information shall be used to determine if any emission control system faults have been identified. Fault codes shall not be a condition for failure.

1. 2. The department shall require vehi-

cle failures tied to readings from the OBD system beginning no later than January 1, 2001. Vehicles shall fail the on-board diagnostic test if they fail to meet the requirements of 40 CFR 85.2207, at a minimum.

1. (6) Emission Test Equipment.

   1. (A) Performance Features of Emission Test Equipment. Computerized test systems are required for performing any measurement on subject vehicles. The test equipment shall be certified to meet EPA requirements, including those contained in July 1998, Title 40 CFR part 51, subpart S, Appendix D, which is adopted by reference. Newly acquired systems shall be subjected to acceptance test procedures to ensure compliance with program specifications.

      1. 1. Emission test equipment shall be

capable of testing all subject vehicles and will be updated as needed to accommodate new technology vehicles as well as changes to the program.

1. 2. At a minimum, emission test equip-

ment shall be—

1. A. Automated to the highest degree

commercially available to minimize the potential for intentional fraud and/or human error;

1. B. Secure from tampering and/or

abuse;

1. C. Based upon written specifications;

and

1. D. Capable of simultaneously sam-

pling dual exhaust vehicles.

1. (B) Functional Characteristics of Computerized Test Systems. The test system is composed of emission measurement devices and other motor vehicle test equipment controlled by a computer.

   1. 1. The test system shall automatically—

      1. A. Make pass/fail decisions for all

measurements;

1. B. Record test data to an electronic

medium;

1. C. Conduct regular self-testing of

recording accuracy;

1. D. Perform electrical calibration and

system integrity checks before each test, as applicable; and

1. E. Initiate system lockouts for—

   1. (I) Tampering with security aspects

of the test system;

1. (II) Failing to conduct or pass peri-

odic calibration or leak checks;

1. (III) Failing to conduct or pass the

constant volume sampler flow rate check;

1. (IV) Failing to conduct or pass any

of the dynamometer checks, including coastdown, roll speed and roll distance, power absorption capability, and inertia weight selection checks;

1. (V) Failing to conduct or pass the

pressure monitoring device check;

1. (VI) Failing to conduct or pass the

purge flow metering system check; and

1. (VII) A full data recording medium

or one that does not pass a cyclical redundancy check.

1. 2. Test systems shall include a data link

to the department computer as specified in the contract between the department and the contractor(s).

1. 3. The test system will ensure accurate

data collection by limiting, cross-checking, and/or confirming manual data entry.

1. (C) Test Systems for Transient Emission Tests. Test equipment for transient emission testing shall meet standards specified by EPA, as specified in July 1998, Title 40 CFR part 51, subpart S, Appendix D, paragraph (III).
2. (D) Steady-State Test Equipment. Steadystate test equipment requirements for model years 1971–1980 shall be as specified in July 1998, Title 40 CFR part 51, subpart S, Appendix D, which is adopted by reference.

1. (7) Documentation.

   1. (A) The contractor shall provide the owners or drivers of vehicles that pass the emission inspection, or are issued a waiver, an emission inspection certificate of compliance and emission inspection sticker. After the effective date of this rule, any revision to the contractor supplied forms will be presented to the regulated community for a forty-five (45)-day comment period.

      1. 1. The certificate of compliance shall

contain—

1. A. A vehicle description, including

license plate number, vehicle title number, 10 CSR 10-5

vehicle identification number, vehicle make, vehicle model, vehicle model year, and odometer reading;

1. B. The date and time of inspection;
2. C. The applicable test standards;
3. D. The applicable test results, includ-

ing exhaust quantities, a pass indicator for the evaporative system pressure test(s), a pass indicator for visual inspection of the evaporative system and a pass indicator for the visual emission control device inspection;

1. E. The results of the recall provisions

check, if applicable, including the recall campaign number and the date the recall repairs were completed;

1. F. A certification that tests were per-

formed in accordance with the regulations;

1. G. A waiver indicator, if applicable;

and

1. H. The statement: “This inspection is

mandated by your United States Congress.”

1. 2. The emission inspection sticker

shall—

1. A. Be affixed by the emission inspec-

tor to each vehicle which is subject to and passes the emission inspection, or has been issued a waiver on the inside of the vehicle’s front windshield in the lower left hand corner. An emission inspection sticker affixed to a vehicle that has been issued a waiver shall have a waiver indicator clearly visible on the sticker. Previous emission inspection stickers affixed to the windshield shall be removed. Destroyed, damaged, or lost stickers can only be replaced after a satisfactory explanation of the details of the incident has been furnished to the department. Stickers are valid for two (2) calendar years; and

1. B. Contain the statement: “This

inspection is mandated by your United States Congress.”

1. (B) The contractor shall provide the vehicle owner or driver who fails an inspection with a computer-generated emission inspection test report. Also provided will be a repair facility list, a repair data sheet, and a copy of the consumer complaint procedure. The contractor shall not refer vehicle owners to a particular repair station(s) that may or may not be included on the repair facility list. After the effective date of this rule, any revision to the contractor supplied forms will be presented to the regulated community for a forty-five (45)-day comment period.

   1. 1. The emission inspection test report

shall include:

1. A. A vehicle description, including

license plate number, vehicle title number, vehicle identification number, vehicle make, vehicle model, vehicle model year, and odometer reading;

1. B. The date and time of test;
2. C. The name or identification number

of the individual(s) performing the test and the location of the test station and lane number;

1. D. The type of tests performed,

including emission tests, visual checks for the presence of emission control components, and functional evaporative system tests;

1. E. The applicable test standards;
2. F. The test results, including exhaust

quantities, pass/fail results for the evaporative system pressure test(s), pass/fail results for the visual inspection of the evaporative system and which emission control devices inspected were passed, failed, or not applicable;

1. G. To the extent possible, a descrip-

tion of the nature of the failure and the components responsible, recommended repair and adjustment procedures, and an estimated cost for those repairs;

1. H. A statement indicating the avail-

ability of warranty coverage as required in section 207 of the Clean Air Act;

1. I. The results of the recall provisions

check, if applicable, including the recall campaign number and date the recall repairs were completed; and

1. J. A statement that the emission

inspection test report is not valid for vehicle registration purposes.

1. 2. The repair facilities list will list facil-

ities employing at least one (1) recognized repair technician in the area which perform emission related repairs on vehicles and information on the results of emission repairs performed by these facilities. This information will include:

1. A. Statistics on the number of vehi-

cles submitted for a reinspection after repairs by the repair facility;

1. B. The percentage of vehicles repaired

by the repair facility that required more than one (1) reinspection before passing; and

1. C. The percentage of vehicles

repaired by the repair facility that were granted waivers.

1. 3. A repair data sheet must be complet-

ed prior to a reinspection. The repair data sheet shall include:

1. A. Repairs performed;
2. B. Cost of repairs;
3. C. Name of the repair technician;

and

1. D. Name, address, and telephone

number of the repair facility and the facility’s state tax identification number.

1. 4. The consumer complaint procedure

will include the telephone number of the department’s quality assurance facility. Any challenge regarding the performance or results of the test must be made in writing within ten (10) business days of the failure of the emission inspection.

1. (8) Quality Control.

   1. (A) Quality Control Requirements for the Contractor(s).

      1. 1. Contractor conduct. The department

shall appoint only entities under contractual agreement with the department to operate official emission inspection stations, which includes conducting emission inspections and issuing certificates of compliance. Conducting the business of the official emission inspection station shall be performed in such a way that it satisfies the intent of the vehicle emission inspection program by effectively identifying vehicles that fail to meet acceptable emission standards. Failure to comply with the provisions of this subsection shall be considered sufficient cause for suspension of emission inspection privileges and authority to issue certificates of compliance. Misconduct of the contractor as established in this rule and in the contract shall be a violation of this rule and may result in dismissal as an emission inspection station operator. The contractor shall pay a monetary penalty to the department for a violation of this rule or of the contract by contractor personnel. Violations shall include, but are not limited to, actions which result in improper or fraudulent issuance of a certificate of compliance or a compliance waiver. The penalty shall be determined by a penalty schedule established in the contract.

1. 2. Emission inspectors. All contractor

personnel who perform emission inspections at each emission inspection station will be designated by the contractor as an emission inspector. The contractor shall be responsible for the conduct of emission inspectors. The contractor shall maintain for the department a registry of designated emission inspectors, that at a minimum includes the inspector’s name, Social Security number, beginning date of inspection duties, ending date of inspection duties and description of inspection performance. Designation as an emission inspector may be suspended by a department quality assurance officer immediately at any time due to a violation of this rule or a provision of the contract. The contractor shall provide to the department an education and training plan, to be approved by the department, for designated emission inspectors.

1. 3. Inspection records. All inspection

records, calibration records, and control charts shall be accurately created, recorded, and maintained. The contractor, and all employees of the contractor, shall make available all records and information requested by the department and shall fully cooperate with department personnel, and other authorized state representatives or agents, who conduct audits and other quality assurance procedures. All contractors subject to this rule shall maintain emissions test records, including repair information from any emissions test as well as all test results. These records shall be kept for at least three (3) years after date of an initial emissions inspection. These records shall be made available immediately upon request for review by department personnel. These records shall also be made available to the department on a continual basis through the use of an automated communication system approved by the department.

1. (B) General Requirements. General requirements for quality control practices for all test equipment shall be as follows:

   1. 1. At a minimum, the practices

described in this section, in the contract, and in July 1998, Title 40 CFR part 51, subpart S, Appendix A, which is adopted by reference, shall be followed;

1. 2. Preventive maintenance on all inspec-

tion equipment shall be performed on a periodic basis, as provided by the contract between the department and the contractor(s) and consistent with EPA and the equipment manufacturer’s requirements;

1. 3. To assure quality control, computer-

ized analyzers shall automatically record quality control check information, lockouts, attempted tampering and any circumstances which require a service representative to work on the equipment;

1. 4. To assure test accuracy, equipment

shall be maintained according to demonstrated good engineering procedures;

1. 5. Computer control of quality assur-

ance checks and quality control charts shall be used whenever possible; and

1. 6. The emission inspection station shall

transmit the emission inspection results to the department as prescribed in the contract between the department and the contractor(s).

1. (C) Requirements for Steady-State Emissions Testing Equipment. Calibration and maintenance procedures for steady-state emissions testing equipment shall be described in July 1998, Title 40 CFR part 51, subpart S, Appendix A, paragraph (I), which is adopted by reference.
2. (D) Requirements for Transient Emissions Testing Equipment. Calibration and maintenance procedures for transient emissions testing equipment shall be as described in July 1998, Title 40 CFR part 51, subpart S, Appendix A, paragraph (II), which is adopted by reference, or as described in any other Specific to the St. Louis Metropolitan Area

procedure approved by EPA and the department.

AUTHORITY: section 643.310.1, RSMo Supp. 1998.* Original rule filed June 14, 1982, effective Jan. 13, 1983. Amended: Filed Aug. 15, 1983, effective Jan. 13, 1984. Emergency rescission and rule filed Aug. 15, 1994, effective Aug. 28, 1994, expired Dec. 25, 1994. Emergency amendment filed Dec. 12, 1994, effective Dec. 25, 1994, expired April 23, 1995. Rescinded and readopted: Filed July 20, 1994, effective March 30, 1995. Amended: Filed April 17, 1995, effective Nov. 30, 1995. Amended: Filed Dec. 13, 1996, effective July 30, 1997. Amended: Filed May 14, 1999, effective Dec. 30, 1999. *Original authority: 643.310.1 1994, amended 1998.