Missouri Revised Statutes
Chapter 643 - Air Conservation
Section 643.303 - Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — re...

Effective - 28 Aug 2006
643.303. Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — remote sensing devices and gas cap tests authorized — program requirements, interagency agreements — rulemaking authority — promotion of program. — 1. Beginning September 1, 2007, emissions inspections required by sections 643.300 to 643.355 shall be conducted through a decentralized emissions program that meets the requirements of this section. Prior to September 1, 2007, the air conservation commission shall develop a decentralized emissions inspection program that allows official inspection stations to conduct on-board diagnostic emission inspections of 1996 model year and newer motor vehicles equipped with on-board diagnostic systems meeting the federal Environmental Protection Agency On-Board Diagnostics II (OBDII) standards. The decentralized emissions inspection program shall, at a minimum, provide for the following:
(1) The periodic inspection of certain motor vehicles as required under section 643.315;
(2) The certification and operation of official emissions inspection stations and the licensing of emission inspectors;
(3) The testing of motor vehicles through on-board diagnostic testing technologies;
(4) The training, certification, and supervision of emission inspectors and other personnel; and
(5) Procedures for certifying test results and for reporting and maintaining relevant data records.
2. In addition to any other criteria established by the commission under section 643.320 or by rule, the decentralized emissions inspection program shall allow any official inspection station located in an area described in subsection 1 of section 643.305 otherwise qualified by the Missouri state highway patrol to conduct motor vehicle safety inspections under section 307.360 to conduct on-board diagnostic emission inspections. Any motor vehicle safety inspection station that desires to conduct emissions inspections shall submit an application for a certificate of authorization to the commission as provided for under section 643.320. Other individuals, corporations, or entities that do not conduct motor vehicle safety inspections may conduct emission inspections provided they meet the qualifications set forth in sections 643.300 to 643.355 and the rules promulgated by the commission. Applications shall be made upon a form designated by the commission and shall contain such information as may be required by the commission. A certificate of authorization issued under section 643.320 to conduct emission inspections shall be issued only after the commission has made a determination that the applicant's proposed inspection station will be properly equipped, has the necessary licensed emission inspectors to conduct inspections, and meets all other requirements of sections 643.300 to 643.355 or rules promulgated to carry out the provisions of those sections.
3. The decentralized emissions inspection program shall allow any official inspection station that is certified to conduct an on-board diagnostic emission inspection under sections 643.300 to 643.355 to repair motor vehicles in order to bring such vehicles into compliance with sections 643.300 to 643.355, if such station and personnel meet the qualifications to conduct emission repairs as set forth in sections 643.300 to 643.355. An official emission inspection station may elect to be an emissions test-only station or may elect to conduct both emission inspections and repairs.
4. The commission is authorized to begin certification of official inspection stations prior to September 1, 2007, in order to implement the decentralized emissions inspection program. Prior to January 1, 2007, the department of natural resources shall issue a report to the general assembly and the governor regarding the progress of implementing the decentralized emissions inspection program. The report shall include, but not be limited to, a summary describing how many inspection stations or individuals the department expects to participate in the program and how many inspection stations or individuals will be qualified by September 1, 2007, to conduct such emissions inspections.
5. The commission may, as a part of implementing the decentralized emissions inspection program, use remote sensing devices to collect information regarding the vehicle fleet emissions characteristics and registration compliance within the area described in subsection 1 of section 643.305. The decentralized emissions inspection program established by the commission may also include a clean screen program that utilizes remote sensing devices. Owners of eligible vehicles who comply with clean screen/remote sensing procedures shall be deemed to have complied with the mandatory inspection requirements for the next inspection cycle. As used in this subsection, the term "clean screen program" shall mean a procedure or system that utilizes remote sensing technologies to determine whether a motor vehicle has acceptable emission levels and then allows the motor vehicle owner to bypass the emissions inspection test required under section 643.315.
6. The decentralized emissions inspection program may include a gas cap pressure test and a visual inspection component, and such tests may be included as part of the motor vehicle safety inspection test under section 307.350.
7. As used in sections 643.300 to 643.355, "decentralized emissions inspection program" means an emissions inspection program under which a certified emissions inspector conducts emissions inspection testing at an official inspection station.
8. The decentralized emission inspection program shall satisfy the requirements established by regulation of the United States Environmental Protection Agency.
9. The decentralized emissions inspection program established by the commission and sections 643.300 to 643.355 shall not be construed to be a new program as described in section 23.253, and the decentralized emissions inspection program shall not be subject to the sunset mandate prescribed by sections 23.250 to 23.298.
10. No later than July 1, 2007, the department of natural resources and the Missouri highway patrol shall enter into an interagency agreement covering all aspects of the administration and enforcement of sections 643.300 to 643.355.
11. No later than July 1, 2007, the air conservation commission shall promulgate rules for the implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.
12. Prior to September 1, 2007, the department of natural resources shall actively promote participation in the decentralized emissions inspection program among qualified motor vehicle dealers, service stations, and other individuals. After the implementation of the decentralized emission inspection program, the department shall monitor participation in such program. In determining whether there are a sufficient number of individuals conducting motor vehicle emission inspections under the decentralized program, the department shall attempt to ensure, through promotional efforts, that no more than twenty percent of all persons residing in the affected nonattainment area reside farther than five miles from the nearest inspection station.
­­--------
(L. 2006 S.B. 583)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 643 - Air Conservation

Section 643.010 - Short title.

Section 643.020 - Definitions.

Section 643.030 - Intent of law — commission to control air pollution.

Section 643.040 - Air conservation commission created — members, terms, expenses, meetings.

Section 643.050 - Powers and duties of commission — rules, procedure.

Section 643.055 - Commission may adopt rules for compliance with federal law — suspension, reinstatement — exemption, limitations — regulation of residential wood burning heaters or appliances prohibited without legislative authorization.

Section 643.060 - Powers and duties of director.

Section 643.070 - Commission to adopt rules, notice — public hearing.

Section 643.073 - Procedure for submission of applications, fee.

Section 643.075 - Construction without permit prohibited — denial, appeal, procedure — fee, exemption — natural resources protection fund, air pollution permit fee subaccount — city or county permit granted, effect.

Section 643.076 - Sections not to apply to locomotives, exception.

Section 643.077 - Operating and construction permits, transferability.

Section 643.078 - Operation without permit prohibited — single permit for multiple sources — information to be submitted, time period — validation of permit, terms and conditions — time period — director shall enforce federal standards — appeal — cit...

Section 643.079 - Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision.

Section 643.080 - Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of.

Section 643.085 - Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition.

Section 643.090 - Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court.

Section 643.100 - Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved.

Section 643.110 - Commission may grant, modify and revoke variances — director to make recommendation, when.

Section 643.120 - Commission shall act upon request — decision rendered, when — action to compel completion of proceedings.

Section 643.130 - Judicial review.

Section 643.140 - Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation.

Section 643.151 - Violations, penalties, notice — civil action — offer of settlement, method — disclosure of confidential information, penalty.

Section 643.161 - State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited.

Section 643.170 - Existing penalties not to be impaired — no actionable rights created, exceptions.

Section 643.173 - Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties.

Section 643.175 - Small business ombudsman, duties — appointment.

Section 643.190 - Department to be air pollution agency for purposes of federal air pollution control acts.

Section 643.191 - Violation of certain requirements unlawful, penalty — false statements unlawful, penalty.

Section 643.192 - Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when.

Section 643.210 - Rules, promulgation.

Section 643.220 - Missouri emissions banking and trading program established by commission — promulgation of rules.

Section 643.225 - Rules for asbestos abatement projects, standards and examinations — certification requirements — application — examination, content — certificate expires, when — fees — renewal of certificate requirements — refresher course — failur...

Section 643.228 - Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee.

Section 643.230 - Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission.

Section 643.232 - Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee.

Section 643.235 - Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when.

Section 643.237 - Projects requiring special application, form, contents — procedure — fee, exemptions from fee — revision of project plans, notification of department required.

Section 643.240 - Friable material subject to regulation — air sample analysis, how conducted.

Section 643.242 - Inspection of projects, when — inspection fee — postponement of project, notice to department, failure to notify, effect — exemption from fee for local air pollution control agency, when.

Section 643.245 - Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund.

Section 643.250 - Entry by department on public or private property for regulation purposes — refusal to allow grounds for revocation or injunctions, violations of regulations, penalties.

Section 643.251 - Certification authorized for persons completing asbestos and earthquake training.

Section 643.255 - Cities, counties, state agencies, requirements.

Section 643.263 - Testing for asbestos, schools — report, contents of — reports of departments.

Section 643.265 - Department of health and senior services, department of natural resources, interagency agreement.

Section 643.300 - Citation of law — mandate of Congress.

Section 643.303 - Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — re...

Section 643.305 - Commission to adopt state implementation plan, nonattainment areas, certain cities and counties — emission reductions established — department to establish air quality baseline — cost of reduction measures, determination — emissions...

Section 643.310 - Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions — selection of person to operate inspection facility or program, procedure, contract requirement — selection o...

Section 643.312 - Reformulated gasoline program.

Section 643.315 - Motor vehicles subject to program, when, evidence of inspection and approval — exceptions — reciprocity with other states — dealer inspection, return of motor vehicle for failing inspection, options, violation.

Section 643.320 - Criteria for operation of inspection stations, established — application, form, fee — commission to inspect — suspension and revocation of license, procedure — required reports — alternative administrative enforcement mechanisms — s...

Section 643.325 - Certificate and sticker, commission to establish, display of, requirements.

Section 643.330 - Vehicle failure on inspection, reinspection, charge — inspector to provide written estimate, cost of repairs — department to test facilities, violations.

Section 643.335 - Waiver amount established by commission, cost, limits — verification of repairs, procedure — waiver form, affidavit — amount, how calculated — waiver amount for repairs by owner, form — waiver amount for owners receiving public assi...

Section 643.337 - Oversight of vehicle emissions inspection program — report — rulemaking authority.

Section 643.340 - Operation of vehicle without registration, when allowed — vehicle emission inspection, lawful operation beyond registration expiration, when.

Section 643.345 - Transfer of registration not allowed without emissions certificate, when — exceptions.

Section 643.350 - Inspection fee — contractor to remit portion, deposit in Missouri air emission reduction fund, use of, balance not to lapse — moneys may be deposited into general revenue fund, when — supplementation of funds.

Section 643.353 - Annual report on effectiveness of emissions inspection program, requirements.

Section 643.355 - Illegal acts, penalties.

Section 643.400 - Polystyrene foam products made from ozone depleting chemical, sale or distribution, prohibited, penalty — effective when.

Section 643.600 - Compact entered into.

Section 643.610 - Compact to be effective, when — commissioners, qualifications, terms, vacancies, how filled.

Section 643.620 - Commissioners, per diem allowed.

Section 643.640 - Emission standards to be developed for certain carbon dioxide sources — unit-by-unit analysis required, procedure — severability clause.

Section 643.650 - Sulfur dioxide, ambient air quality monitoring or modeling network.