§ 42-4-403 — Powers and duties of the commission

(1) The commission shall
be responsible for the adoption of rules and regulations which are necessary to
implement the diesel inspection program including:

(a) Regulations governing procedures for:

(I) Testing and licensing of diesel emissions inspectors;

(II) Licensure of diesel emission inspection stations;

(III) Standards and specifications for the approval, operation, calibration, and
certification of exhaust smoke opacity meters;

(IV) Proper performance of diesel opacity inspections and emissions system
control inspections;

(b) Issuance of the following types of certifications of emissions control by
licensed diesel emission inspectors:

(I) A certification of diesel smoke opacity compliance if, at the time of
inspection, the smoke opacity from a diesel vehicle is in compliance with the
applicable smoke opacity limits;

(II) A certification of diesel smoke opacity waiver if, at the time of inspection,
the smoke opacity from a diesel vehicle does not comply with the applicable smoke
opacity limits but such vehicle is adjusted or repaired to specifications as provided
by regulation of the commission;

(III) A temporary certification of diesel smoke opacity compliance for diesel
vehicles required to be repaired, if such repairs are delayed due to the unavailability
of needed parts. The results of the initial smoke opacity test and final test shall be
given to the owner of the diesel vehicle and reported to the department of public
health and environment.

(2) (a) The commission shall promulgate and from time to time revise
regulations on inspection procedures and smoke opacity limits when such
procedures and limits have been proven cost-effective and air pollution control-effective on the basis of best available scientific research.

(b) Smoke limits shall not require unreasonable levels of emissions
performance for a properly operated and maintained diesel vehicle of a given model
year and technology, and such smoke limits shall be no less than twenty percent for
five seconds minimum.

(c) The commission may also develop peak smoke opacity limits, but such
limits shall not be less than forty percent for less than one second.

(d) Notwithstanding any other provisions of this subsection (2), for
inspections conducted between January 1, 1990, and December 31, 1990, the smoke
opacity limits shall be forty percent for five seconds minimum, and no diesel vehicle
shall fail the smoke opacity inspection for peak limits.

(3) (a) The commission shall annually evaluate the diesel inspection program
to determine but not limit the number of diesel vehicles which fail to meet the
applicable smoke opacity limits after adjustments and repairs.

(b) If the commission finds that a significant number of diesel vehicles do not
meet the applicable smoke opacity limits after adjustments or repairs are made, the
commission shall develop recommendations designed to improve the air pollution
control-effectiveness of the diesel inspection program in a cost-effective manner
and shall submit such recommendations to the general assembly.

(4) In addition to any other authority granted under this section, the
commission shall adopt regulations requiring each licensed diesel emissions
inspection station to post, at the station, in a clearly legible manner and in a
conspicuous place, the fee which shall be charged for performing a diesel emission-opacity inspection.

(5) The commission may exempt diesel vehicles of any make, model, or
model year from the provisions of the diesel inspection program when inspection
would be inappropriate for such vehicles. The exemption may include diesel
vehicles which are required to be registered and inspected January, 1990.

(6) (a) Notwithstanding any other provisions to the contrary, the commission
shall not have authority to adopt emission standards or implement an inspection
and maintenance program that would result in emission requirements or an in-use
testing or compliance demonstration that would be more stringent than the
emission standards and test procedures adopted by the United States
environmental protection agency for the corresponding model year and class of
vehicle or engine.

(b) The commission shall determine by accepted scientific analysis that any
emission standards and in-use test procedures it may adopt shall be designed so
that any engine or vehicle which would pass the appropriate federal certification
test shall also pass the inspection and maintenance test adopted by the
commission for that engine or vehicle.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2316, � 1, effective January 1, 1995. L. 2003: (2)(c) amended, p. 1025, � 4, effective August 6.