§ 31-47.1-7. Motor vehicle emissions programs.
(a) The department and the department of environmental management shall establish programs
for the purpose of inspecting motor vehicles. It shall be the responsibility of the
department to provide for the supervision of the operational aspects of emission inspection
stations. It shall be the responsibility of the department of environmental management
to provide for the environmental aspects of the motor vehicle emissions inspections.
The programs, in total, shall be no less stringent than any performance standard for
enhanced motor vehicle inspection/maintenance programs promulgated by the U.S. Environmental
Protection Agency and shall meet the requirements necessary for motor vehicles to
qualify for the emission performance warranty provisions of the federal Clean Air
Act (42 U.S.C. § 7401 et seq.). The department and the department of environmental management may contract
with private entities to assist the state in the administration of motor vehicle inspection
programs.
(b) The department shall promulgate rules and regulations for the issuance of certificates
of compliance and certificates of waiver.
(c) The department shall promulgate rules and regulations specifying the vehicles subject
to the motor vehicle emissions inspection requirement.
(d) The department shall conduct an on-road testing program. The department may require
that vehicles it has reason to believe are not in compliance with the standards and
criteria for motor vehicle emissions inspections 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 adequate repair technician training
and shall ensure that training is made available to interested individuals either
through private or public facilities.
(f) The department shall establish procedures to ensure that vehicles subject to either
a voluntary emissions recall or a remedial plan pursuant to § 207(c)(42 U.S.C. § 7541(c)) of the federal Clean Air Act received the required repairs.
(g) The department of environmental management shall promulgate rules and regulations
establishing standards and criteria for motor vehicle emissions inspections, giving
consideration to the levels of emissions necessary to achieve and maintain federal
and state ambient air quality standards and the levels necessary to protect human
health and the environment. The standards and criteria shall include, but not be limited
to, a requirement to test the exhaust of motor vehicles for hydrocarbons, carbon monoxide
and oxides of nitrogen. The standards and criteria may include, in lieu of the requirement
to test the exhaust of model year 1996 and later motor vehicles, a requirement to
inspect on-board diagnostic systems and to repair malfunctions or system deterioration
identified by or affecting the systems. The standards and criteria may be different
for different model years and types of vehicles. The department of environmental management
shall promulgate regulations relative to: testing equipment specifications, quality
assurance and quality control 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 the quality assurance of motor
vehicle emissions inspections with the state police and municipal police departments.
This program may include a requirement for inspections of emissions inspection stations
to determine compliance with all operational requirements.
(i) The department of environmental management shall establish programs for public information
and consumer protection.
(j) The department of environmental management shall submit all appropriate aspects of
the motor vehicle emissions inspection programs to the Environmental Protection Agency
as revisions to the State Implementation Plan in accordance with the requirements
of the federal Clean Air Act.
(k) Rules and regulations promulgated by the department and the department of environmental
management shall specify that the emissions inspection programs required by this chapter
shall be a decentralized system of authorized inspection and repair stations and shall
incorporate the inspection required by chapter 38 of title 31 of the general laws relating to motor vehicles.
(l) Each AIRS must participate in any state sponsored program which provides emissions
inspection equipment on a lease or purchase basis.