§ 31-47.1-7 - Motor vehicle emissions programs.
SECTION 31-47.1-7
§ 31-47.1-7 Motor vehicle emissionsprograms. – (a) The department and the department of environmental management shallestablish programs for the purpose of inspecting motor vehicles. It shall bethe responsibility of the department to provide for the supervision of theoperational aspects of emission inspection stations. It shall be theresponsibility of the department of environmental management to provide for theenvironmental aspects of the motor vehicle emissions inspections. The programs,in total, shall be no less stringent than any performance standard for enhancedmotor vehicle inspection aintenance programs promulgated bythe U.S. Environmental Protection Agency and shall meet the requirementsnecessary for motor vehicles to qualify for the emission performance warrantyprovisions of the federal Clean Air Act (42 U.S.C. § 7401 et seq.). Thedepartment and the department of environmental management may contract withprivate entities to assist the state in the administration of motor vehicleinspection programs.
(b) The department shall promulgate rules and regulations forthe issuance of certificates of compliance and certificates of waiver.
(c) The department shall promulgate rules and regulationsspecifying the vehicles subject to the motor vehicle emissions inspectionrequirement.
(d) The department shall conduct an on-road testing program.The department may require that vehicles it has reason to believe are not incompliance with the standards and criteria for motor vehicle emissionsinspections submit to an out of cycle inspection at an AIRS and, if necessary,be brought into compliance as provided by this chapter.
(e) The department shall assess the availability of adequaterepair technician training and shall ensure that training is made available tointerested individuals either through private or public facilities.
(f) The department shall establish procedures to ensure thatvehicles subject to either a voluntary emissions recall or a remedial planpursuant to § 207(c)(42 U.S.C. § 7541(c)) of the federal Clean AirAct received the required repairs.
(g) The department of environmental management shallpromulgate rules and regulations establishing standards and criteria for motorvehicle emissions inspections, giving consideration to the levels of emissionsnecessary to achieve and maintain federal and state ambient air qualitystandards and the levels necessary to protect human health and the environment.The standards and criteria shall include, but not be limited to, a requirementto test the exhaust of motor vehicles for hydrocarbons, carbon monoxide andoxides of nitrogen. The standards and criteria may include, in lieu of therequirement to test the exhaust of model year 1996 and later motor vehicles, arequirement to inspect on-board diagnostic systems and to repair malfunctionsor system deterioration identified by or affecting the systems. The standardsand criteria may be different for different model years and types of vehicles.The department of environmental management shall promulgate regulationsrelative to: testing equipment specifications, quality assurance and qualitycontrol procedures for testing equipment, calibration gases, failure rates,emission standards, testing procedures, data collection and data analysis.
(h) The department shall fund and establish a program for thequality assurance of motor vehicle emissions inspections with the state policeand municipal police departments. This program may include a requirement forinspections of emissions inspection stations to determine compliance with alloperational requirements.
(i) The department of environmental management shallestablish programs for public information and consumer protection.
(j) The department of environmental management shall submitall appropriate aspects of the motor vehicle emissions inspection programs tothe Environmental Protection Agency as revisions to the State ImplementationPlan in accordance with the requirements of the federal Clear Air Act.
(k) Rules and regulations promulgated by the department andthe department of environmental management shall specify that the emissionsinspection programs required by this chapter shall be a decentralized system ofauthorized inspection and repair stations and shall incorporate the inspectionrequired by chapter 38 of title 31 of the general laws relating to motorvehicles.
(l) Each AIRS must participate in any state sponsored programwhich provides emissions inspection equipment on a lease or purchase basis.