WSR 11-05-089

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 08-01 -- Filed February 15, 2011, 4:13 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-16-106.

     Title of Rule and Other Identifying Information: A new rule, chapter 173-422A WAC, Motor vehicle emission inspection, is being proposed and would apply to Washington's motor vehicle emission program beginning July 2012. The current rule, chapter 173-422 WAC, applies to Washington's motor vehicle emission program through June 2012.

     Hearing Location(s): Federal Way 320th Library, 848 South 320th Street, Federal Way, WA 98003, on Tuesday, March 22, 2011, at 6:00 p.m. You can also listen to the hearing, live over the internet. Comments will not be accepted over the internet. Ecology will provide a link to listen in on the hearing via the internet. This link will be posted by March 15, 2011, at http://feeds.feedburner.com/ApplusWashingtonStateEmissionTesting-testWebsite?format=xml.

     Date of Intended Adoption: June 23, 2011.

     Submit Written Comments to: John Raymond, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail john.raymond@ecy.wa.gov, fax (360) 407-6802, by March 31, 2011.

     Assistance for Persons with Disabilities: Contact the air quality program at (360) 407-6800 by March 15, 2011. Persons with hearing loss, call 711 for Washington relay service. Persons with a speech disability, call 877-833-6341.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Extensive changes to the motor vehicle emission inspection program will result from state law revisions that directed ecology to authorize additional businesses to emission test vehicles starting July 2012. Rather than revise existing rule chapter 173-422 WAC, ecology is purposing a new rule to govern the motor vehicle emission inspection program. The existing rule, chapter 173-422 WAC, will remain in effect through June 2012.

     The proposed rule includes the requirements that will apply starting July 1, 2012, to the Washington state motor vehicle emission inspection program. The revised program requirements include:


     •     Having all testing by authorized testers done on-line using the state contractor's computer system.

     •     Eliminating the gas cap test and dynamometer testing.

     •     Passing an on-board diagnostic (OBD) retest requires that the monitor(s) that detected a problem on the initial test be ready.

     •     Requiring the same test standards for all 1995 model year and older gasoline vehicles.

     •     Exempting light-duty diesel vehicles from testing.

     •     Tightening the test standards for heavy-duty diesel vehicles.

     •     Exempting heavy-duty diesel vehicles with an engine meeting 2007 emission standards or equipped with an exhaust particle filter from testing.

     •     Extensive rewording and reorganization to make the rule clearer and easier to understand.

     •     Other provisions necessary to implement the program.

     Reasons Supporting Proposal: The proposed rule will facilitate the emission testing and repair by more businesses and reduce the impact of emission testing on the owners of older vehicles. Testing procedures and other requirements that are becoming less relevant will be discontinued. These cost-saving measures are possible because of the ever increasing number of newer vehicles that are tested by obtaining information from the vehicle's OBD system.

     Statutory Authority for Adoption: RCW 70.120.120.

     Statute Being Implemented: Chapter 70.120 RCW, RCW 70.120A.010(2).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting: John Raymond, Lacey, Washington, (360) 407-6856; Implementation and Enforcement: Stuart Clark, Lacey, Washington, (360) 407-6880.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     Introduction: The Washington state department of ecology (ecology) is proposing chapter 173-422A WAC, Motor vehicle emission inspection.

     The objective of the small business economic impact statement (SBEIS) is to identify and evaluate the various requirements and costs the proposed rules might impose on businesses. In particular, the SBEIS examines whether the costs on businesses from the proposed rules impose a disproportionate impact on the state's small businesses. RCW 19.85.040 describes the specific purpose and required contents of an SBEIS.

     Ecology is developing and issuing this SBEIS as part of its rule adoption process and to meet chapter 19.85 RCW.

     Ecology estimated there are no positive net compliance costs created for existing small businesses under the proposed rule. As compliance by the public is required for the nominal fee by Washington state law, ecology expects the proposed rule will not reduce business or revenues for participating businesses. As such, ecology expects the proposed rule to increase revenue opportunities and create cost savings for small businesses, rather than impose costs.

     Therefore, ecology has not prepared a complete SBEIS, but has summarized the net benefit opportunity to businesses, as created by the proposed rule.

     Rule Proposal: Two elements were directed by the legislature:

     All vehicles model year 2009 and newer will be exempt from emission testing.

     Businesses including repair businesses would be allowed to test vehicles in addition to the contractor.

     Ecology is also proposing to amend the rule to facilitate the continuation of emission testing. Therefore several test procedures and requirements that are becoming less relevant will be discontinued. The following requirements have been removed in order to reduce the cost of testing with the goal of maximizing testing convenience and facilitate repair and testing by more businesses:

     Leak tests of gasoline filler caps.

     Dynamometer testing.

     The exhaust analyzer requirement for repair businesses listing.

     Other rule provisions include:

     Requiring all authorized testers to transmit test data on-line to ecology's contractor.

     Requiring listed repair businesses to have an OBD scan tool with full diagnostic capabilities.

     Permitting a vehicle unable to be retested be issued a waiver if all the other requirements are met.

     Exempting light duty diesel powered vehicles and heavy-duty diesel powered vehicles with an engine that was certified by its manufacturer as meeting the EPA 2007 exhaust emission standards or equipped with an exhaust particle filter acceptable to ecology. This applies mainly to transit systems.

     Relaxing the test standards for 1995 and older light-duty gasoline vehicles.

     Requiring that for a vehicle to pass an OBD retest, the monitor(s) that detected a malfunction on the initial test must be ready.

     Tightening diesel snap-acceleration test standards.

     Costs to Those Required to Comply: Ecology does not believe the net costs to those small businesses required to comply are positive. That is, ecology believes small (or any) businesses will only enter the newly available emissions testing market (and therefore be subject to the requirements of the proposed rule) if their private benefits of the revenue stream exceed the compliance and other operating costs. Quite the opposite, ecology believes the proposed rule provides businesses, both small and large, with an additional revenue opportunity. Those small businesses required to comply include existing small repair businesses that would choose to become testers as well. Remaining costs are expected to be borne by nonbusiness members of the public.

     Ecology also believes businesses will choose to enter the newly created industry of noncontractor emissions testers if the net benefit to them (the converse of net cost) is positive.

     Because ecology does not expect positive net costs of compliance for small businesses, it is not possible to meet the standards of the Regulatory Fairness Act (chapter 19.85 RCW) in estimating the proportionality of the proposed rule's impact on small versus large businesses.

     Even so, ecology believes this document is informative in presenting this information. For full information on the underlying data and calculations for the information presented here, please see the associated cost-benefit analysis (Ecology Publication Number 11-02-003).

     Allowing Private Businesses to Test Vehicles: Ecology is proposing that all testers must use ecology approved on-line testing equipment.

     Self-testing private fleets are currently purchasing test forms from ecology for $15.00 each. The test form will no longer be necessary or available from ecology. Ecology intends for the test charges for these fleets will not exceed the current $15.00.

     However, private businesses who choose to become testers will now incur new costs. Private businesses are allowed, by law, to charge whatever test fee they want, unlike the state contractor who must charge no more than $15.00 per test. For this analysis, it does not matter what price a private business charges because it will simply be a cost transfer from vehicle owner to vehicle tester.

     Ecology based its assumptions on the number of vehicles that may be tested at a private inspection business on the current hybrid program in New Jersey. New Jersey's hybrid program is closest to the program Washington is creating. A hybrid program combines centralized and decentralized testing systems. A centralized system has the state or a state contractor do the tests. A decentralized system has testing done by many independently owned private businesses that may do other business at the testing locations. In New Jersey there is no test fee collected at the centralized test stations. The long wait times at these stations prompted the state to subsidize private business testing. In 2007, there were one thousand three hundred twenty-seven private inspection facilities in New Jersey with about twenty percent of vehicle inspections being done at these facilities.

     It is impossible to know the extent other businesses will be interested in becoming testers. Ecology assumed since there will be no subsidy in Washington and the declining number of vehicles needing testing in the future, there will be less interest in private inspection facilities than in New Jersey. Therefore, ecology assumed only ten percent of the tests will be at a private testing facility. Table 1 below shows the declining number of vehicles expected to be tested by private businesses each year with the associated costs.


Table 1: Number of Vehicles Expected to be

Tested by Private Businesses 2012-2019



Testing Year Percentage of Remaining Vehicles Number of Vehicles Cost Per Year1 Present Value
2012 100% 50,000 $750,000 $750,077
2013 100% 100,000 $1,500,000 $1,476,239
2014 88% 88,000 $1,319,000 $1,277,079
2015 88% 88,000 $1,319,000 $1,256,720
2016 70% 70,000 $1,052,000 $986,142
2017 70% 70,000 $1,052,000 $970,421
2018 54% 54,000 $815,000 $740,407
2019 54% 54,000 $815,000 $728,603
Total Present Value $8,185,690

     Using the average real rate on treasury bills of 1.62 percent, ecology estimates the proposed [rule] will create a total present value of about $8.6 million for new authorized testers over the 7.5 years.

     Requiring Listed Repair Businesses to Have a Diagnostic OBD Scan Tool: Ecology is proposing a change that will require listed repair businesses to have an OBD scan tool with full diagnostic capabilities. The current rule only requires a scan tool; however, the proposed change specifies that the scan tool must have diagnostic capabilities (mode 1 through 9). Ecology believes most businesses already have this type of scan tool. To verify this, ecology conducted a phone survey and contacted fifty-three of its listed businesses to ask if their scan tools already had diagnostic abilities2. All fifty-three businesses answered yes. Of the fifty-three businesses surveyed, forty-five are small businesses with an average of eight employees and eight are large businesses with an average of ninety-seven employees.3 Therefore, ecology believes this change will not create any extra costs for the listed repair businesses or the businesses that wish to be listed.

     Tightening Diesel Test Standards: Ecology is proposing to tighten the diesel snap-acceleration test standards for newer and older vehicles. Table 2 shows the change in standards for high-duty diesel vehicles.


Table 2: Proposed Standard Changes for

Vehicles Over 8,500 Pounds GVWR



Model Year Current Opacity Standard Proposed Opacity Standard
1991 and older 55% 50%
1992-1996 40% 40%
1997 and newer 40% 30%

     Ecology was able to run a cutpoint analysis by model year for 2008 and 2009 tests. We were able to calculate how many more vehicles would fail the proposed standards over these two years. Using the age of vehicles from this data, ecology extrapolated how many vehicles per year will be tested under the remaining 7.5 years of the program. Ecology used the failure rate from the cutpoint analysis to estimate how many more vehicles we expect to fail the diesel snap test in future years. Table 3 shows the number of vehicles for 1991 and older models and 1997 and newer models ecology expects to fail. It also shows the cost for the vehicles minimum repair. In addition to paying the minimum repair costs of $150, time costs are associated for repair and retesting time. Ecology estimates two hours of time for repair and retesting. We use a wage rate of $31.50 per hour4 which is the average rate for workers in the five counties.


Table 3: Proposed Changes on Diesel-Snap Acceleration Standards for 1991 and Older Vehicles


Year Number of Vehicles Tested Number Failing at 55% Opacity Number Failing at 50% Opacity Change Costs Present Value
Repair Costs Time Costs
2012 795 54 90 36 $5,400 $2,300 $7,700
2013 1,589 108 180 72 $10,800 $4,500 $15,056
2014 866 59 98 39 $5,850 $2,500 $8,086
2015 866 59 98 39 $5,850 $2,500 $7,957
2016 0 0 0 0 $0 $0 $0
2017 0 0 0 0 $0 $0 $0
2018 0 0 0 0 $0 $0 $0
2019 0 0 0 0 $0 $0 $0
Total Present Value $38,799

     Cost Summary: The following Table 4 summarizes the expected costs associated with the proposed rule changes.


Table 4: Cost of Proposed Changes to Chapter 173-422A WAC


Proposed Change Cost
New Authorized Testers $8,185,690
Requiring an OBD Scan Tool $0
Diesel Snap-Accelerations Test $1,344,739
Total $9,530,429

     Reduced or Avoided Costs: Stop dynamometer testing and standardize test standards for older gasoline vehicles. Ecology is proposing to eliminate dynamometer testing of light duty gasoline vehicles (LDGV) and standardize the test standards for all 1995 and older gasoline vehicles. Currently, LDGVs that are not given an OBD test are being tested, if possible, using the acceleration simulation mode (ASM) 2525 test on a dynamometer. Vehicles that cannot be driven on the dynamometer are given a TSI test. While the ASM test is more effective at identifying vehicles that would benefit the most from emission repairs, the declining number of vehicles that would be given the ASM test does not appear to justify a continuing investment in dynamometers.

     Based on data from the 2007 and 2008 data reports to EPA there are about 120,000 gasoline vehicles being tested annually that are ages seventeen through twenty-five. In 2012, vehicles made in 1995 will be seventeen years old. Table 5 shows the number of LDGV each year that ecology estimates will benefit from the standardized testing in the remaining 7.5 years of the program. The estimate for 2012 is for the last six months of the year the new rule will be in effect.


Table 5: Estimated Number of 1995 and

Older LDGVs Tested Each Year



Year 2012 2013 2014 2015 2016 2017 2018 2019
Vehicles 60,288 110,128 66,501 59,640 32,755 28,098 11,063 8,386

     Currently, about ninety-four percent of 1995 and older LDGVs are being tested using the ASM 2525 test with eleven percent failing. The other six percent are being tested using the TSI test with 6.3 percent failing. Ecology is proposing to standardize the TSI standards for all 1995 and older LDGVs to equal the current heavy duty gasoline vehicles (HDGV) standards. Currently, these HDGV ages seventeen through twenty-five are failing the TSI test at 10.6 percent. It is likely that HDGVs will continue to fail the TSI test at least at this higher rate. However, the LDGVs are likely to fail the TSI test at a lower rate compared to the HDGVs. Based on the current difference in the LDGV fail rates for the ASM 2525 tests and the TSI tests, about 4.5 percent less LDGVs are expected to fail their test. The owners of these vehicles will be able to avoid the minimum $150 in repair expenses along with the time cost for repairs and retesting. Ecology used a wage rate of $31.50 an hour and an estimated time savings of two hours. Table 6 shows the number of vehicles that would now pass and the cost savings for their owners.


Table 6: Vehicles and Cost Savings

Of Proposed Changes to LDGV



Year Vehicles Now Passing Cost Savings Per Year

(# of Vehicles x $150)

Time Savings Present Value Cost Savings Per Year
2012 2,737 $410,550 $172,400 $582,950
2013 5,000 $750,000 $315,000 $1,048,022
2014 3,019 $452,850 $190,200 $622,711
2015 2,708 $406,200 $170,600 $549,652
2016 1,487 $223,050 $93,700 $297,030
2017 1,276 $191,400 $80,400 $250,815
2018 502 $75,300 $31,600 $97,074
2019 381 $57,150 $24,000 $72,516
Total Present Value 17,109 $2,566,350 $1,077,900 $3,520,750

     The cost savings for no longer requiring dynamometer testing and standardizing the standards on 1995 and older gasoline vehicles has a total present value of $3.5 million.

     Discontinue Gas Cap Checks: Ecology is proposing to stop gas cap leak tests. After 2012 most LDGVs will receive an OBD test which may detect a leaking gas cap. In 2006 - 2008, on average six thousand vehicles per year failed the gas cap test but passed the OBD test and were still required to purchase a new gas cap. Before the 2000 model year vehicles, the OBD test was often not as effective in detecting leaking gas caps as testing the caps was. After July 2012, eliminating the gas cap test is expected to result in a minimum increase in evaporative emissions. A gas cap can cost $5.00 - $21.005 with an average of $13.00. Therefore, ecology assumes the first two years will each have an average of $13.00 savings for at least these six thousand vehicles. Ecology also assumes a cost savings of two hours for repairs and retesting at an average wage rate of $31.50 per hour. Table 7 shows the decline in vehicles and using a 1.62 percent rate the total present value savings of $2.5 million.


Table 7: Savings for No Longer Requiring Gas Cap Check


Testing Year Percentage of Remaining Vehicles Number of Vehicles Savings on Cap Time Savings Present Value
2012 100% 3,000 $39,000 $189,000 $228,000
2013 100% 6,000 $78,000 $378,000 $448,731
2014 83% 5,340 $69,420 $336,420 $393,004
2015 83% 5,340 $69,420 $336,420 $386,738
2016 65% 4,260 $55,380 $268,380 $303,603
2017 65% 4,260 $55,380 $268,380 $298,763
2018 49% 3,300 $42,900 $207,900 $227,747
2019 49% 3,300 $42,900 $207,900 $224,116
Total Present Value $2,510,702

     Allowing Private Businesses to Test Vehicles: Allowing private businesses to test vehicles is a convenience and assumed time savings for vehicle owners. Ecology assumes vehicle owners who decide to get their vehicle tested by a private business, instead of a state contractor, will do so because it will be closer to their home or work or because they can get an emissions test while their vehicle is being serviced for something else. Ecology assumes it currently takes about one hour to drive to the testing station, get tested and drive home. We also assume vehicle owners who choose to use a private business will cut this time in half to thirty minutes and therefore save thirty minutes of time.

     Using the average of the overall wages in the five counties where emission testing is required, ecology estimates a time savings of $31.50 per hour. Table 8 shows the number of vehicles each year ecology expects to be tested using a private business and the value of the time saved.


Table 8: Savings for Using a Private Business

For Emissions Inspections



Testing Year Percentage of Remaining Vehicles Number of Vehicles Savings Per Year (millions)6 Present Value

(millions)

2012 100% 50,000 $788,000 $787,581
2013 100% 100,000 $1,575,000 $1,550,051
2014 88% 88,000 $1,386,000 $1,342,300
2015 88% 88,000 $1,386,000 $1,320,901
2016 70% 70,000 $1,103,000 $1,033,967
2017 70% 70,000 $1,103,000 $1,017,484
2018 54% 54,000 $850,000 $772,403
2019 54% 54,000 $850,000 $760,089
Total Present Value $8,584,776

     Using the 1.62 percent real rate on treasury bills, ecology estimates the proposed rule creates a total present value cost savings of $8.6 million for vehicle owners over 7.5 years.

     Discontinue Testing of Light-Duty Diesel Vehicles: Ecology is proposing to stop testing light-duty diesel vehicles. There are so few of these vehicles and the preferred dynamometer test for these vehicles will no longer be available. Also, EPA doesn't recognize the benefit of testing these vehicles. There are about six thousand light-duty diesel vehicles in the testing areas; ecology assumes about three thousand would have been tested annually7. Table 9 shows the decrease in the number of vehicles over time as 2009 and newer models are exempted. The 1.62 percent treasury bills rate is used. Each vehicle will have a savings of the $15 charged for the test and an hour of cost savings for not having to get the test. The wage rate used is $31.50 per hour.


Table 9: Savings for Exempting Light-Duty Diesel Vehicles


Testing Year

Percentage of Remaining Vehicles

Number of Vehicles

Cost Savings Present Value
Savings for Test Time Savings
2012 100% 1,500 $22,500 $47,300 $69,800
2013 100% 3,000 $45,000 $94,500 $137,276
2014 89% 2,670 $40,050 $84,100 $120,223
2015 89% 2,670 $40,050 $84,100 $118,307
2016 71% 2,130 $31,950 $67,100 $92,883
2017 71% 2,130 $31,950 $67,100 $91,403
2018 55% 1,650 $24,750 $52,000 $69,695
2019 55% 1,650 $24,750 $52,000 $68,584
Total Present Value $768,171

     Ecology estimates this proposed change will create a savings of $768,000.

     Exempt 2007-2008 model year high-duty diesel vehicles.

     Ecology is proposing to exempt high-duty diesel vehicles with an engine that was certified by its manufacturer as meeting the EPA 2007 exhaust emission standards. This exemption will only benefit 2007 and 2008 diesel vehicles because the 2009 and newer models will already be exempt by law. Based on a snapshot of the current number of diesel vehicles in the five counties8, ecology was able to extrapolate how many diesel vehicles there will be in each year from 2012-2019. Table 10 shows the number of 2007 and 2008 vehicles each year that will be exempt. Table 10 also shows the cost savings based on avoiding the $15 charge for a test and the time saved by not having to get the vehicles tested. Ecology assumes it will save one hour of time at a labor cost of $31.50 an hour.


Table 10: Savings for Exempted 2007-2008 Diesel Vehicles


Testing Year Number of Vehicles Cost Savings Present Value
Savings for Test Time Savings
2012 4,100 $61,500 $128,900 $190,400
2013 8,200 $123,000 $257,800 $374,729
2014 5,800 $87,000 $184,200 $262,622
2015 5,800 $87,000 $184,200 $258,435
2016 6,400 $96,000 $200,500 $278,040
2017 6,400 $96,000 $200,500 $273,608
2018 6,100 $91,500 $192,900 $258,258
2019 6,100 $91,500 $192,900 $254,141
Total Present Value $2,150,235

     Ecology estimates this proposed change will save $2.2 million.

     Removing the requirement for listed repair businesses to have an exhaust analyzer.

     Ecology is proposing to remove the requirement for listed repair businesses to have an exhaust analyzer. Ecology believes that because of the declining number of vehicles failing an exhaust emission test, repair businesses should no longer be required to have an exhaust analyzer. Ecology surveyed repair businesses to estimate the cost savings for not requiring an exhaust analyzer. Ecology contacted fifty small businesses and ten large businesses. We got an overall response rate of seventy-seven percent with responses from forty-one small businesses and five large businesses. Three of the small businesses reported they couldn't answer any of the questions and those responses were thrown out, leaving thirty-eight small businesses with data. The small businesses averaged eight employees and the large businesses average one hundred thirty-five.

     An exhaust analyzer can cost thousands of dollars and most repair businesses invested in these analyzers many years ago. On average, small business reported that their previous exhaust analyzer or their expectation of how long their current analyzer will last is twelve years; large businesses estimated fourteen years. A few businesses even said they expected to use their analyzer forever since they are currently using it so infrequently and would not want to buy a new one. Therefore, ecology estimated the cost savings for avoiding maintenance and calibration gas costs. Small businesses report a combined average of $320 per year and large businesses estimated $375 per year. There are currently about six hundred twenty small repair businesses and sixty large businesses. Table 11 shows the cost savings for eliminating the requirement to have an exhaust analyzer.


Table 11: Savings for No Longer Requiring Listed

Repair Businesses to Have Exhaust Analyzers



Small Large
Number of Businesses 620 60
Annual Cost of Maintenance and Calibration Gas $320 $375
Total Annual Cost Savings $198,400 $22,500
Total Present Value (PV) Cost Savings $1,402,208 $159,021
Total Small and Large PV Cost Savings $1,561,229

     Ecology estimates the cost savings for eliminating the requirement for listed repair businesses to have an exhaust analyzer has a present value savings of $1.6 million over the 7.5 remaining years of the program. Please note this savings does not include the cost of actually buying an analyzer, only its yearly maintenance costs. Not only is this proposal a benefit for currently listed repair businesses, but eliminating this requirement makes it easier for a new repair business to become listed by ecology. This should provide more options for the owners of vehicles that fail an emission test and need repairs.

     Total Cost Savings: As the authorizing statute allows businesses in the newly created industry to pass charges on to consumers, and the consumer action of testing is required under the law and rule, ecology believes the proposed rule will not reduce business or revenues for participating businesses. As such, ecology expects the proposed rule to increase revenue opportunities and create cost savings for small businesses, rather than impose costs.

     Therefore, ecology has not prepared a complete SBEIS, but has summarized the net benefit opportunity to businesses, as created by the proposed rule.


Table 12: Total Cost Savings


Proposed Change Cost Savings
Eliminating Dynamometers and Standardizing 1995 and Older Test Standards $3,520,750
No Gas Cap Check $2,510,702
Convenience of Using a Private Testing Business $8,584,776
Exempting Light-Duty Diesel Vehicles $768,171
Exempting 2007-2008 High-Duty Diesel Vehicles $2,150,235
Eliminating Exhaust Analyzers $1,561,229
Total Cost Savings $19,095,863

1Cost per year = (number of vehicles) x ($15.00 collected by the contractor).
2Businesses were contacted on October 7 and 14, 2009.
3This is the best information currently available to ecology. As always, we welcome new information that will further improve our analyses.
42009 Occupational employment and wage estimates - Washington state metropolitan and balance of state areas. Washington state employment security department, http://www.workforceexplorer.com/admin/uploadedPublications/9766_Web_Databook2009.pdf.
5Autozone.com.
6Cost per year = (Number of vehicles) x ($31.50/hour) x (.5 hours).
7In 2012 only vehicles tested after July when the new rule goes into effect will be exempt; therefore ecology estimates half the total number of vehicles for 2012.
8Washington state department of licensing January 5, 2010.

     A copy of the statement may be obtained by contacting Kasia Patora, Department of Ecology, Rules and Accountability Section, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6184, fax (360) 407-6989, e-mail kasia.patora@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kasia Patora, Department of Ecology, Rules and Accountability Section, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6184, fax (360) 407-6989, e-mail kasia.patora@ecy.wa.gov.

February 15, 2011

Polly Zehm

Deputy Director

OTS-2639.4

Chapter 173-422A WAC

MOTOR VEHICLE EMISSION INSPECTION


NEW SECTION
WAC 173-422A-010   Purpose.   These rules implement the motor vehicle emission test program required by state law (chapter 70.120 RCW Motor vehicle emission control). They are intended to encourage appropriate emission repairs of vehicles to reduce air pollution.

[]


NEW SECTION
WAC 173-422A-020   Definitions.   Unless the context clearly indicates otherwise, the following definitions will apply:

     "Appropriate repair" means the diagnosis or repair of the cause(s) of an emission test failure.

     "Authorized tester" means a vehicle owner or business authorized by ecology to conduct testing other than ecology's contractor.

     "Ecology" means the department of ecology.

     "OBD" means the standardized on-board diagnostic system required to be installed on all 1996 and newer model year gasoline cars and light trucks sold in the United States. This system monitors the operation of the vehicle's emission control systems to detect possible problems. If problems are found a check engine light alerts the driver and trouble codes are stored to help an automotive repair technician diagnose the problem.

     "On-line" means to electronically communicate during the emission test as directed by ecology.

     "Waiver" is an exemption from further testing for twelve months when all the following conditions apply:

     (a) The vehicle failed an emission test;

     (b) The vehicle failed a retest or is unable to be retested;

     (c) All primary emission control components (or appropriate replacements) are installed and operative;

     (d) An ecology authorized emission specialist has performed at least one hundred fifty dollars of appropriate repairs;

     (e) The appropriate repairs were performed between the initial and last test; and

     (f) Ecology or its designee has received original receipts listing and providing the cost of each appropriate diagnosis or repair of the cause(s) of an emission test failure.

[]


NEW SECTION
WAC 173-422A-030   Vehicle emission test requirements and testing schedule for private and United States government vehicles.   The department of licensing, county auditors and their subagents shall issue or renew a vehicle license or change the registered owner only if the vehicle meets emission test requirements. Privately owned and United States government vehicles must obtain a passing test or waiver within the twelve months before the department of licensing renewal date for the vehicle. See the following table for the testing schedule.


Testing Schedule for Private and United States Government Vehicles
Year License Expires Model Years
2012 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005, 2007
2013 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004, 2006, 2008
2014 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005, 2007
2015 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004, 2006, 2008
2016 1992, 1994, 1997, 1999, 2001, 2003, 2005, 2007
2017 1993, 1995, 1996, 1998, 2000, 2002, 2004, 2006, 2008
2018 1994, 1997, 1999, 2001, 2003, 2005, 2007
2019 1995, 1996, 1998, 2000, 2002, 2004, 2006, 2008

[]


NEW SECTION
WAC 173-422A-040   Emission test schedule for state and local government vehicles.   State and local government vehicles must be tested according to the following table.


Testing Schedule for State and Local Government Vehicles
Year Model Years
2012 1987 through 2007
2013 1988 through 2008
2014 1989 through 2008
2015 1990 through 2008
2016 1991 through 2008
2017 1992 through 2008
2018 1993 through 2008
2019 1994 through 2008

[]


NEW SECTION
WAC 173-422A-050   Emission test areas.   Vehicles registered within the following United States Postal Service zip codes (as of September 1, 1994) require emission tests. Zip code changes by the United States Postal Service after September 1, 1994, do not change emission test area designations.


Puget Sound Region
98001-98009 98201-98208
98011 98258
98012 98270
98015 98271
98020 98275
98021 98290
98023 98291
98025-98028 98327
98031-98043 98332
98046 98335
98047 98338
98052-98059 98344
98062-98064 98352
98071-98073 98354
98083 98371-98374
98092 98387
90893 98388
98101-98109 98390
98111-98199 98401-98499

Spokane Region
99001 99021
99005 99025
99014 99027
99016 99037
99019 99201-99209

Vancouver Region
98604 except north of N.E. 279th Street
98606
98607
98629 except east of N.E. 50th Avenue
98642
98660-98668
98671 except Skamania County
98682-98686

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NEW SECTION
WAC 173-422A-060   Exemptions.   The following vehicles are exempt from emission testing:

     (1) Newer vehicles. Vehicles less than five years old and 2009 or newer model year vehicles.

     (2) Older vehicles. Vehicles more than twenty-five years old.

     (3) Motorcycles and mopeds as defined in chapter 46.04 RCW.

     (4) Prorated vehicles as defined in chapter 46.85 RCW.

     (5) Vehicles garaged and operated outside a test area.

     (6) Farm vehicles as defined in chapter 46.04 RCW.

     (7) Vehicles not intended for highway use.

     (8) Vehicles registered as powered by electricity, propane, compressed natural gas, or liquid petroleum gas.

     (9) Honda Insight and Toyota Prius model vehicles.

     (10) Diesel powered vehicles weighing less than 6001 pounds or with an engine that was certified by its manufacturer as meeting the EPA 2007 exhaust emission standards or equipped with an exhaust particle filter acceptable to ecology.

     (11) Vehicles being sold or being offered for sale by a Washington licensed motor vehicle dealer.

     (12) An emission test is not required to transfer the registered ownership between parents, siblings, grandparents, grandchildren, spouses, legal domestic partners, or present co-owners or to a public agency and for all changes of the legal owner.

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NEW SECTION
WAC 173-422A-100   Gasoline vehicle emission test standards.   Gasoline motor vehicles are tested to determine if they meet one of the following requirements:

     (1) Two-speed idle exhaust emission test standards:


Model Year Carbon Monoxide (CO) (%) Hydrocarbons (HC) (ppm)
1995 and older 3.0 400
1996-2008 (8500 or less GVWR) 1.2 220
1996-2008 (greater than 8500 GVWR) 3.0 400

     (2) Instead of a two-speed idle exhaust emission test, ecology may require a 1996 or newer model vehicle be tested using the vehicle's on-board diagnostic (OBD) system. To pass the OBD test:

     (a) The check engine light must not be commanded on while the engine is operating.

     (b) The emission related monitors must have completed their checks and be ready to report potential problems, except:

     (i) A 2001 or newer model year vehicle may have one monitor not ready to report.

     (ii) A 2000 or older model year vehicle may have up to two monitors not ready to report.

     (c) For the vehicle to pass a retest, the monitor(s) that commanded the check engine light on during the initial test must be ready to report.

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NEW SECTION
WAC 173-422A-110   Gasoline vehicle emission testing procedures.   (1) All persons testing gasoline vehicles shall, as directed by ecology, either:

     (a) Connect the OBD testing equipment to determine what diagnostic codes may be commanding the check engine light on and whether each emission related monitor is ready to report; or

     (b) Follow the two-speed idle exhaust emission testing procedures described in Appendix B-Test Procedures of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992.

     (2) Ecology may require variations to the testing procedures to accommodate the design of certain vehicles.

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NEW SECTION
WAC 173-422A-120   Gasoline vehicle emission testing equipment specifications.   (1) Exhaust gas analyzers must meet the specifications in (I) Steady-State Exhaust Analysis System of Appendix D-Steady-State Short Test Equipment of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992.

     (2) OBD testing equipment must be capable of:

     (a) Communicating with all OBD systems used on 1996 through 2008 model year gasoline vehicles approved to be sold in the United States;

     (b) Recording the readiness status of each emission-related OBD monitor; and

     (c) Recording the diagnostic trouble code(s) that could command the check engine light on.

     (3) The testing equipment must be able to perform the test on-line unless ecology grants prior approval.

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NEW SECTION
WAC 173-422A-200   Exhaust emission test standards for diesel vehicles.  


Model Year Opacity (%)
1991 and older 50
1992-1996 40
1997-2008 30

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NEW SECTION
WAC 173-422A-210   Test procedure for diesel vehicles.   (1) Before beginning the test, the tester shall verify all of the following:

     (a) The engine is within its normal operating temperature range;

     (b) All vehicle accessories including air conditioning are off;

     (c) The parking brake and an engine brake or retarder is off; and

     (d) The transmission is in neutral (and clutch released if manual transmission).

     (2) During the snap-acceleration test the tester shall do all of the following:

     (a) Perform at least three preliminary snap-accelerations until the engine achieves consistent operation.

     (i) A snap-acceleration consists of moving the accelerator pedal from normal idle as rapidly as possible to the full power position, then fully releasing the throttle so the engine returns to idle. Allow the engine to remain at idle for at least ten seconds between snap-accelerations.

     (ii) Insert the opacity meter into an exhaust pipe.

     (b) Perform additional snap-accelerations while measuring the smoke opacity.

     (i) The tester must either begin a subsequent snap-acceleration within forty-five seconds or restart the test without removing the opacity meter.

     (ii) The tester need not repeat the three preliminary snap-accelerations.

     (c) Perform snap-accelerations (up to nine times if necessary) to obtain three consecutive peak opacity readings that meet ecology's standards. If this does not occur, the vehicle fails the test. Record the three final opacity readings.

     (d) If the vehicle passes the first series of snap-accelerations, repeat these procedures for each additional exhaust pipe.

     (3) Ecology may require variations to the testing procedures to accommodate the design of certain vehicles.

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NEW SECTION
WAC 173-422A-220   Diesel vehicle testing equipment specifications.   (1) An opacity meter that:

     (a) Automatically recalibrates before each test.

     (b) Provides for continuous measurement of exhaust opacity unaffected by rain or wind.

     (2) The testing equipment must be able to perform the test on-line unless ecology grants prior approval.

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NEW SECTION
WAC 173-422A-300   Testing equipment maintenance and calibration.   (1) The tester must:

     (a) Calibrate and maintain all test equipment according to the manufacturer's specifications and recommendations.

     (b) Maintain logs approved by ecology of maintenance, repair, and calibration of testing equipment.

     (c) Use, for exhaust gas analyzer calibration, the procedures in the following document: (I) Steady-State Test Equipment of Appendix A-Calibrations, Adjustments and Quality Control of Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted November 1, 1992.

     (2) Ecology may require additional maintenance and calibration procedures if they are needed to ensure the accuracy of the testing equipment.

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NEW SECTION
WAC 173-422A-310   Quality assurance.   Ecology (or its designee) may:

     (1) Monitor (remotely or on location) ecology's contractor and authorized testers' operations.

     (2) Access the testing/reporting equipment and records.

     (3) Stop or limit emission testing due to this monitoring.

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NEW SECTION
WAC 173-422A-320   Test fees.   (1) An ecology contractor shall charge fifteen or less dollars for a test. The first retest will be free for up to twelve months after a vehicle fails the initial test.

     (2) Authorized testers may set their own fees.

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NEW SECTION
WAC 173-422A-340   Authorized testers.   (1) Authorized testers must meet the following conditions:

     (a) Use ecology approved testing equipment. The test must be done on-line unless ecology grants prior approval.

     (b) Follow the testing procedure described in section 110 for gasoline vehicles and section 210 for diesel vehicles.

     (c) As directed by ecology, provide information to vehicle owners and obtain their approval for emission-related repairs.

     (d) Properly maintain testing equipment.

     (e) Maintain logs approved by ecology of maintenance, repair, and calibration of testing equipment.

     (f) Allow ecology to conduct performance audits and compliance inspections.

     (g) Take corrective actions required by ecology.

     (2) Violations of this rule by an authorized tester will result in their authorization being permanently or temporarily revoked unless it is the first lesser rule violation such as an administrative or recordkeeping error.

     (a) For the first lesser rule violation, the authorized tester will receive a written warning that further rule violations of this type will result in their authorization being temporarily revoked for thirty to ninety days.

     (b) For the first major, deliberate rule violation, such as fraudulent testing or reporting, their authorization will be temporarily revoked for six months.

     (c) A second major violation will result in their authorization being permanently revoked.

     (d) Reauthorization of a temporarily revoked authorization requires a new application for authorization.

     (3) Notifications of violations will be documented in writing.

     (4) An authorized tester whose authorization has been revoked may appeal this decision to the pollution control hearings board as provided for in RCW 43.21B.310.

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NEW SECTION
WAC 173-422A-400   Emission specialist authorization.   (1) To become an authorized emission specialist an individual shall:

     (a) Successfully complete an ecology-approved course on emission repair every two years.

     (b) Agree in writing to meet all requirements of this rule and all Washington state and federal laws and regulations regarding emission control systems.

     (2) To maintain authorization, an authorized emission specialist shall:

     (a) Complete required training within ninety days of notification by ecology. Ecology may grant written extensions;

     (b) Sign and include their specialist identification number on all receipts for appropriate diagnoses and repairs of vehicles that have failed an emission test. These receipts must:

     (i) Be numbered and printed with the business's name and address;

     (ii) Include the customer's name, telephone number, and address;

     (iii) Include the vehicle's make, model, license number and vehicle identification number (VIN);

     (iv) Itemize all appropriate diagnoses and repairs performed by the specialist;

     (v) Include any missing or inoperative primary emission control components; and

     (vi) Include any further recommended appropriate repairs and diagnoses.

     (3) To maintain authorization, an authorized emission specialist may not:

     (a) Tamper with emission control systems (a violation of chapter 173-421 WAC), including adjusting an engine outside of the manufacturer's specifications; or

     (b) Obtain or attempt to obtain a passing test, waiver, or an exemption from the test requirements by providing false information or by any other fraudulent means that violate this rule; or

     (c) Assist any individual in committing a violation of this rule or chapter 173-421 WAC.

     (4) Violations of this rule by an authorized emission specialist will result in their authorization being permanently or temporarily revoked unless it is the first lesser rule violation such as an administrative or recordkeeping error.

     (a) For the first lesser rule violation, the authorized emission specialist will receive a written warning that further rule violations of this type will result in their authorization being temporarily revoked for thirty to ninety days.

     (b) For the first major, deliberate rule violation, such as fraudulent testing or reporting, their authorization will be temporarily revoked for six months.

     (c) A second major violation will result in their authorization being permanently revoked.

     (d) Reauthorization of a temporarily revoked authorization requires a new application for authorization.

     (5) Notifications of violations will be documented in writing.

     (6) An authorized emission specialist whose authorization is revoked may appeal to the pollution control hearings board as provided for in RCW 43.21B.310.

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NEW SECTION
WAC 173-422A-410   Requirements for listing businesses with authorized emission specialists.   (1) Ecology will maintain a list of businesses where a vehicle owner can have an authorized emission specialist diagnose and repair the causes of an emission test failure.

     (2) Ecology will include the business's name, address and telephone number on the list when the business agrees in writing to require all of the following:

     (a) The authorized emission specialist use an ecology-approved OBD scan tool to diagnose an emission test failure of a 1996 or newer gasoline vehicle equipped with an OBD system. For an OBD scan tool to be approved by ecology it will need:

     (i) To provide mode 1 through mode 9 diagnostic data requests.

     (ii) Support all communication protocols used by the vehicle manufacturers for 1996 through 2008 model year gasoline vehicles sold in the United States.

     (b) That the diagnosis of the cause(s) of an emission tests failure and the repairs or adjustments to correct the cause(s) of an emission test failure are performed by an authorized emission specialist.

     (c) That the authorized emission specialist:

     (i) Sign the customer's receipt for emission repairs or adjustments; and

     (ii) List on the receipt, the emission diagnosis or repairs done and those that are still needed.

     (d) All employees not to tamper or assist anyone in tampering with emission control systems, including adjusting a vehicle outside the manufacturer's specifications.

     (e) All employees to obtain or assist anyone in obtaining a fraudulent passing test, waiver, or an exemption from the test requirement.

     (f) Notification of ecology when an authorized emission specialist begins or ends employment.

     (3) When a business no longer meets the requirements for listing, it must discontinue any representation of listing immediately.

     (4) Violations of this rule by a listed business will result in their listing being permanently or temporarily revoked unless it is the first lesser rule violation such as an administrative or recordkeeping error.

     (a) For the first lesser rule violation, the listed business will receive a written warning that further rule violations of this type will result in their listing being temporarily revoked for thirty to ninety days.

     (b) For the first major, deliberate rule violation, such as fraudulent testing or reporting, their listing will be temporarily revoked for six months.

     (c) A second major violation will result in their listing being permanently revoked.

     (d) Relisting of a temporarily revoked listing requires a new application for listing.

     (5) Notifications of violations will be documented in writing.

     (6) A business whose listing has been revoked may be appealed to the pollution control hearings board as provided for in RCW 43.21B.310.

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NEW SECTION
WAC 173-422A-500   Civil penalty.   Except for a lesser violation of this rule, such as an administrative or recordkeeping error, ecology may impose a civil penalty not to exceed two hundred fifty dollars on anyone who violates any requirement of this rule. This penalty may be appealed to the pollution control hearings board as provided for in RCW 43.21B.310.

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© Washington State Code Reviser's Office