Date of Adoption: June 1, 2002.

     Purpose: Upgrade emission testing procedures for diesel cars and light trucks. Clarify that all emission tests are valid for at least twelve months. Require automotive repair businesses to be able to check the on-board diagnostic system of 1996 and newer vehicles if they wish to be on the list of shops given to owners of failed vehicles. Remove obsolete language.

     Citation of Existing Rules Affected by this Order: Amending WAC 173-422-020, 173-422-030, 173-422-031, 173-422-060, 173-422-065, 173-422-070, 173-422-075, 173-422-190, and 173-422-195.

     Statutory Authority for Adoption: RCW 70.120.120.

      Adopted under notice filed as WSR 02-09-066 on April 15, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

June 1, 2002

Linda Hoffman

Deputy Director

for Tom Fitzsimmons

Director

OTS-5467.5

AMENDATORY SECTION(Amending Order 93-35, filed 2/28/95, effective 3/31/95)

WAC 173-422-020   Definitions.   Unless a different meaning is clearly indicated by context, the following definitions will apply:

     (1) "Appropriate repair" means the diagnosis of the cause(s) of an emission test failure and/or the repair of one or more of these causes. An appropriate repair should reduce at least one emission test reading or diagnose and/or repair an emission problem identified by the on-board diagnostic (OBD) system.

     (2) "Certificate of acceptance" means an official form, issued by someone authorized by the department, which certifies that the following conditions have been met:

     (a) The vehicle failed an emission inspection; and

     (b) The vehicle failed a reinspection; and

     (c) ((The vehicle has been in use for more than five years or fifty thousand miles; and

     (d))) All primary emission control components installed by the vehicle manufacturer, or its appropriate replacement, are installed and operative; and

     (((e))) (d) The recipient has provided original receipts listing and providing the cost of each appropriate repair performed by an authorized emission specialist between the initial and last inspection; and

     (((f))) (e) The total cost of the appropriate repairs must equal or exceed:

	Pre-1981 vehicles	$100
	1981 and newer	$150

     ((If needed to prevent federal sanctions, the minimum total cost of appropriate repairs required to obtain a certificate of acceptance may be increased to four hundred fifty dollars.

     Before increasing the repair cost requirement ecology shall evaluate ways to alleviate the economic hardships resulting from vehicle repair costs incurred by vehicle owners in an effort to comply with this regulation.))

     (3) "Certificate of compliance" means an official form, issued by someone authorized by the department, which certifies that the recipient's vehicle on inspection complied with applicable emission inspection standards.

     (4) "Authorized emission specialist" means an individual who has been issued a certificate of instruction by the department as authorized in RCW 70.120.020 (2)(a) and has maintained the certification by meeting requirements of WAC 173-422-190(2).

     (5) "Dealer" means a motor vehicle dealer, as defined in chapter 46.70 RCW as amended, that is licensed pursuant to chapter 46.70 RCW.

     (6) "Department" means the department of ecology.

     (7) "Emission contributing area" means a land area within whose boundaries are registered motor vehicles that contribute significantly to the violation of motor vehicle related air quality standards in a noncompliance area.

     (8) "Fleet" means a group of fifteen or more motor vehicles owned or leased concurrently by one owner assigned a fleet identifier code by the department of licensing.

     (9) "Gross vehicle weight rating (GVWR)" means the manufacturer stated gross vehicle weight rating.

     (10) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16 RCW.

     (11) "Noncompliance area" means a land area within whose boundaries any air quality standard for any air contaminant from the emissions of motor vehicles will probably be exceeded.

     (12) "PPM" means parts per million by volume.

     (13) "Primary emission control components" means the components of the vehicle installed by the manufacturer for the purpose of reducing emissions or its replacement or modification which is acceptable to the United States Environmental Protection Agency. These components are ((the fuel inlet restrictor)), but are not limited to, the catalytic converter or thermal reactor, the air injection system components, the thermostatic air cleaner, the exhaust gas recirculation system components, the evaporative emission system components including the gas cap, the positive crankcase ventilation system components and the electronic control unit components that control the air/fuel mixture and/or ignition timing including all related sensors.

     The primary emission control components of a vehicle with a different engine than the engine originally installed shall be an Environmental Protection Agency certified engine/emission control combination for that vehicle or its newer model.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-020, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-020, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-020, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-020, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-020, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-020, filed 2/28/80.]

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-030, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-030, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-030, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-030, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-030, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 80-03-070 (Order DE 79-35), § 173-422-030, filed 2/28/80.]

Year	Model Year of Vehicles Needing Inspection
((2000	1976, 1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994
2001	1977, 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996))
2002	1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997
2003	1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998
2004	1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999
2005	1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000
2006	1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001
2007	1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002
2008	1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003
2009	1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004
2010	1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005
2011	1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004, 2006
2012	1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005, 2007

     (2) State and local government vehicles five through twenty-five years old shall be inspected yearly as described in the table below.

Year	Model Year of Vehicles Needing Inspection
((2000	1975 through 1995
2001	1976 through 1996))
2002	1977 through 1997
2003	1978 through 1998
2004	1979 through 1999
2005	1980 through 2000
2006	1981 through 2001
2007	1982 through 2002
2008	1983 through 2003
2009	1984 through 2004
2010	1985 through 2005
2011	1986 through 2006
2012	1987 through 2007

[Statutory Authority: RCW 70.120.120. 00-22-120 (Order 00-15), § 173-422-031, filed 11/1/00, effective 12/2/00.]

     (1) When tested using the exhaust emission testing procedures described in (II) Two Speed Idle Test ((or (III) Loaded Test)) of 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, meet the applicable exhaust emission standards from the following table during both the idle and higher speed mode ((prior to receiving a certificate of compliance)).

Two Speed Idle Test Exhaust Emission Standards
Model Year		CO(%)*	HC (ppm)*
80 and earlier	3.0		600
81 and newer (0-8500 GVWR)	1.2		220
81 and newer (Greater than 8500 GVWR)	3.0		400

*	Carbon monoxide (CO) and hydrocarbons (HC), measured as a percentage (%) or parts per million (ppm) of the exhaust volume.

     (2) When tested using the acceleration simulation mode (ASM) procedure specified in WAC 173-422-070 meet the following standards during that mode and the applicable standard from WAC 173-422-060(1) during the idle mode ((to receive a certificate of compliance. ASM testing will not start in a region until ecology has considered all comments on the need for ASM testing obtained at a public hearing held in that region.

     Compliance with the NOx standards will not be required of vehicles tested in a region until the following conditions are met:

     (a) Ecology has determined that a reduction of NOx emissions in that region will assist in attaining or maintaining the national air quality standard for ozone.

     (b) Ecology has considered all comments received at a public hearing held in that region.

     (c) For at least twenty-four months prior, the vehicle emission test reports have included the NOx reading)).

Model Year Test Weight (lbs.)	CO(%)*	HC(ppm)	((NOx(ppm)*))
((1968-1974 cars and trucks (0-8500 lbs. GVWR)
1750	7.3	690	None
1875	6.8	650
2000	6.5	620
2125	6.1	580
2250	5.8	550
2375	5.5	520
2500	5.2	500
2625	5.0	470
2750	4.7	450
2875	4.5	430
3000	4.3	410
3125	4.2	400
3250	4.0	400
3375	3.9	400
3500	3.7	400
3635	3.6	400
cars 3750 & greater	3.5	400
trucks 3750 & greater	4.0	500))
((1975-))1980 and earlier model year cars and trucks (0-8500 lbs. GVWR)
1750	4.2	400	((None))
1875	4.0	380
2000	3.8	350
2125	3.6	340
2250	3.4	320
2375	3.2	300
2500	3.0	290
2625	2.9	270
2750	2.8	260
2875	2.7	250
3000	2.6	240
3125	2.5	230
3250	2.4	220
3375	2.3	220
3500	2.2	210
3625	2.1	200
cars 3750 & greater	2.1	200
trucks 3750 & greater	2.5	300
1981 & ((newer)) later model year cars and trucks (0-8500 lbs. GVWR)
1750	1.8	250	((1500
1875	1.7	240	1500
2000	1.6	220	1500
2125	1.5	210	1500
2250	1.5	200	1500
2375	1.4	190	1500
2500	1.3	180	1500
2625	1.3	180	1500
2750	1.2	170	1500
2875	1.2	160	1500
3000	1.1	160	1500
3125	1.1	150	1500
3250	1.0	150	1500
3375	1.0	150	1500
3500	1.0	150	1500
3625	1.0	150	1500
cars 3750 & greater	1.0	150	1500
trucks 3750 & greater	1.5	200	2000))

*	((The concentration of the gases,)) Carbon monoxide (CO) and hydrocarbons (HC), ((oxides of nitrogen (NOx))) measured as ((either)) a percentage (%) or parts per million (ppm) of the exhaust volume.

     (3) ((If a 1971 or newer model year vehicle,)) The gasoline filler cap must not leak more than 60 cubic centimeters per minute at a pressure of 30 inches of water. ((Gas cap checking will not start in a region until ecology has considered all comments on the need for gas cap checking obtained at a public hearing held in that region.))

     (4) Standardized on-board diagnostic (OBD) systems (also known as OBDII) were required by Environmental Protection Agency starting with 1996 model gasoline vehicle cars and light trucks. If a 1996 or newer model vehicle is equipped with an Environmental Protection Agency certified on-board diagnostic (OBD) system, the information stored in the on-board computer must indicate that all emission-related functional checks have been completed except for 1996 to 2000 model year vehicles that can have up to two readiness monitors not set to ready, or 2001 or newer model year vehicles that have one readiness monitor not set to ready, and no malfunctions detected that would command the malfunction indicator light to be illuminated.

((Exhaust Emission Standards
Model Year		CO(%)*	HC (ppm)*
68-74	6.0		900
75-80	3.0		600
81-99 (0-8500 GVWR)	1.2		220
81-99 (Greater than 8500 GVWR)	3.0		400

*	The concentration of the gases, carbon monoxide (CO) and hydrocarbons (HC), measured as either a percentage (%) or parts per million (ppm) of the exhaust volume.))

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-060, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-060, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-060, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-060, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-060, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-060, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-060, filed 2/28/80.]

Model Year	Opacity (%)
((1968 - 1973	70))
((1974 -)) 1991 and earlier	((60)) 55
1992 and later	40

     (2) When using the Acceleration Simulation Mode (ASM) test procedures specified in WAC 173-422-070 adapted for the testing of diesel cars or light trucks (0-8500 pounds gross vehicle weight rating), these vehicles shall meet a 20% opacity standard.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-065, filed 2/28/95, effective 3/31/95; 93-10-062 (Order 91-46), § 173-422-065, filed 5/3/93, effective 6/3/93.]

     Variations to the procedures specified may be established by the department for all or certain vehicles. Vehicles, not repaired as required by an emission recall for which owner notification was attempted after January 1, 1995, shall not be inspected until compliance with the recall is established.

Acceleration Simulation Mode (ASM)

1.	Dynamometer Load: Set dynamometer horsepower load equal to [Vehicle Weight (lbs.)+ 300]/300. An Environmental Protection Agency specified loading may also be used.
2.	Vehicle Gear Selection: Vehicles with automatic transmissions use Drive (not Overdrive), vehicles with manual transmissions use second gear ((unless)). Shift to the next higher gear if the engine speed exceeds 2500 revolutions per minute (((measured by the vehicle's tachometer or by an evaluation of the vehicle's sound) then use third gear)).
3.	Vehicle Speed: Set vehicle speed at 25 miles per hour (mph) 1.5± mph.
4.	Pass or Fail Determinations: Once the vehicle has been operating at 25 mph for 15 seconds, begin measuring exhaust HC, CO, and CO2, ((and NOx)) each second. The reading for pass or fail determinations is the running average of five measurements. When a final pass or fail determination is made, this mode will be stopped and the final readings recorded.
5.	Fast Pass (((HC, CO))): ((When NOx is not measured, the vehicle will pass after 15 or more seconds of measurements if: Both)) Once HC and CO readings are ((passing, and three successive one second measurements are)) equal to or less than the HC and CO standards and are within 20 ppm HC and 0.20% CO of each other.
6.	((Fast Pass (HC, CO, NOx): When NOx is measured, the vehicle will pass after 45 or more seconds of measurements if the HC, CO and NOx readings are equal to or less than the standards.
7.))	Fast Fail: The vehicle will fail after 15 or more seconds of measurements when((:)) the HC reading exceeds 1800 ppm, or the CO reading exceeds 9.0 percent.
((8.)) 7.	Full Term Pass/Fail: The vehicle will pass or fail the ASM mode after 90 seconds of measurements unless emission readings are declining at a rate that indicates that a failing vehicle will pass within the next 30 seconds. Then the failing vehicle will receive up to an additional 30 seconds of measurements ((will be taken)) before the ((vehicle fails)) final pass/fail determination is made.

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-070, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-070, filed 2/28/95, effective 3/31/95; 94-05-039 (Order 93-10), § 173-422-070, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-070, filed 5/3/93, effective 6/3/93; 90-06-062, § 173-422-070, filed 3/6/90, effective 4/6/90. Statutory Authority: RCW 70.120.120, 43.21A.080, 70.94.331 and 70.94.141(1). 83-23-115 (Order DE 83-31), § 173-422-070, filed 11/23/83, effective 1/2/84. Statutory Authority: RCW 70.120.120. 82-02-027 (Order DE 81-32), § 173-422-070, filed 12/31/81; 80-03-070 (Order DE 79-35), § 173-422-070, filed 2/28/80.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 93-10, filed 2/8/94, effective 3/11/94)

WAC 173-422-075   Diesel vehicle inspection procedure.   Diesel vehicles shall be tested using the following snap-acceleration test procedure((:

     (1) With the transmission in neutral, move the accelerator pedal from normal idle as rapidly as possible to the full power position, and hold in this position until the speed governor limits the engine speed or the engine might exceed the maximum speed allowed by the vehicle manufacturer.

     (2) Fully release the accelerator pedal so the engine decelerates to normal idle.

     (3) Measure the smoke opacity with an opacity meter which meets the requirements specified in WAC 173-422-095 continuously during the test.

     (4) Record the peak opacity reading.

     (5) Repeat the previous steps up to ten times if necessary to obtain a peak opacity reading and two peak readings immediately following it that are equal to or less than the standard established in WAC 173-422-065)) unless the department requires the Acceleration Simulation Mode (ASM) test procedure specified in WAC 173-422-070 adapted for the testing of diesel cars or light trucks (0-8500 pounds gross vehicle weight rating) be used in lieu of the snap-acceleration test procedure.

     Prior to beginning the test verify the engine is within its normal operating temperature range, all vehicle accessories including air conditioning are off, the parking brake and an engine brake or retarder is off, the transmission is in neutral (and clutch released if manual transmission).

     (1) The vehicle shall receive at least three preliminary snap-acceleration test cycles until consistent engine operation is achieved. The snap-acceleration test cycle 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.

     (2) Then perform additional snap-acceleration test cycles while measuring the smoke opacity with an opacity meter which meets the requirements specified in WAC 173-422-095. The engine must be allowed to remain at idle for at least ten seconds between snap-acceleration test cycles. If a subsequent snap-acceleration cycle is not begun within 45 seconds, the entire sequence of snap-acceleration test cycles must be restarted. The three preliminary snap-acceleration test cycles described in (1) need not be repeated.

     (3) Record peak opacity readings from each snap-acceleration test cycle up to nine times if necessary to obtain a peak opacity reading and two consecutive peak readings that are equal to or less than the standard established in WAC 173-422-065.

     If a peak opacity reading and two consecutive peak readings that are equal to or less than the standard established in WAC 173-422-065 are not obtained, the vehicle fails the test.

     (4) Steps 2 and 3 are repeated for any additional exhaust pipes.

[Statutory Authority: Chapter 70.120 RCW. 94-05-039 (Order 93-10), § 173-422-075, filed 2/8/94, effective 3/11/94; 93-10-062 (Order 91-46), § 173-422-075, filed 5/3/93, effective 6/3/93.]

     (a) Pass a course of study, approved by the department; and

     (b) Agree in writing to meet the requirements of subsection (2) of this section and all requirements of law or regulation regarding the serving of motor vehicle emission control systems or the motor vehicle emission inspection program.

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

     (a) Successfully complete a department-approved course on emission repair within ninety days of being required to do so by the department unless an extension has been granted in writing by the department; and

     (b) Sign, including the specialist identification number, all receipts and other forms required by the department for emission repairs or adjustments performed. These receipts must be prenumbered, preprinted with the business's name and address and clearly itemize all appropriate repairs performed by the specialist; and

     (c) Record on all receipts:

     (i) The vehicle's emission readings after appropriate repairs or the diagnosis and/or repair of problem(s) identified by the on-board diagnostic (OBD) during an emission inspection; and

     (ii) A vehicle description including the license number and vehicle identification number (VIN); and

     (iii) Any missing or inoperative primary emission control components; and

     (iv) Any further recommended appropriate repairs; and

     (d) Not tamper with emission control systems, including adjusting an engine outside of the manufacturer's specifications (chapter 173-421 WAC); and

     (e) Not obtain or attempt to obtain a certificate of compliance, a certificate of acceptance (repair waiver) or an exemption from the inspection requirements by providing false information or by any fraudulent means (chapter 173-422 WAC); and

     (f) Not aid or abet any individual in committing a violation of chapter 173-421 or 173-422 WAC.

     (3) The certification of an authorized emission specialist may be revoked for a first violation of chapter 173-421 WAC or WAC 173-422-145, for a period of no more than one year, and may be permanently revoked for a second violation of chapter 173-421 or 173-422 WAC.

     The certification of an authorized emission specialist may be temporarily revoked for violation of subsection (2) of this section and may be permanently revoked for continued willful violation of subsection (2) of this section.

     An authorized emission specialist whose certification is revoked permanently or temporarily may appeal to the pollution control hearings board as provided for in RCW 43.21B.310.

     (4) An authorized emission specialist whose certification has been temporarily revoked may reapply for certification twelve months after the date of revocation by applying to the department and meeting all requirements of subsection (1) of this section. An application for certification by a permanently revoked authorized emission specialist will be denied.

[Statutory Authority: Chapter 70.120 RCW. 96-21-029 (Order 95-11), § 173-422-190, filed 10/9/96, effective 11/9/96; 95-06-068 (Order 93-35), § 173-422-190, filed 2/28/95, effective 3/31/95; 90-06-062, § 173-422-190, filed 3/6/90, effective 4/6/90.]

     (2) The employer's business name and address will be listed by the department, when the employer agrees in writing to:

     (a) Require the use of a properly maintained and correctly calibrated exhaust analyzer and a scan tool capable of communicating with the on-board diagnostic (OBD) systems installed on all U.S. Environmental Protection Agency certified 1996 model year and newer gasoline vehicles to diagnosis emission test failures and as a final check for emission repairs or adjustments;

     (b) Have all emission repairs or adjustments performed by an authorized emission specialist;

     (c) Require the authorized emission specialist to sign the customer's receipt for emission repairs or adjustments, and to record the vehicle's emission readings or which problem(s) identified by the on-board diagnostic (OBD) system during an emission inspection that have been diagnosed and/or repaired on the receipt after the work is completed;

     (d) Require that all employees not aid or abet any person to tamper with emission control systems, including adjusting a vehicle outside of the manufacturer's specifications (chapter 173-421 WAC); and

     (e) Require that all employees not aid or abet any person to obtain a fraudulent certificate of compliance, certificate of acceptance or an exemption from the inspection requirement (repair waiver) (chapter 173-422 WAC).

     (f) Notify the department when an authorized emission specialist begins or ends employment.

     (3) An employer may be removed from the authorized emission specialist list for a first violation of chapter 173-421 or 173-422 WAC for a period of no more than one year and may be permanently removed after a second violation of chapter 173-421 or 173-422 WAC.

     An employer may be temporarily removed from the authorized emission specialist list when failing to comply with the requirements of subsection (2) of this section and may be permanently revoked for continued and willful violation of subsection (2) of this section.

     (4) An employer who has been temporarily removed from the authorized emission specialist list may reapply for listing twelve months after the date of removal from the listing by applying to the department and meeting all requirements of subsection (2) of this section. An application for listing from an employer permanently removed from the authorized emission specialist list will be denied.

     (5) An employer who is removed from an authorized emission specialist list or denied listing in an authorized emission specialist list may appeal to the pollution control hearings board as provided for in RCW 43.21B.310.

     (6) (a) An employer approved for listing may display the "state authorized emission specialist" sign available from the department. Any employer advertising or providing of information to the public based on the department's certification of an authorized emission specialist must be discontinued immediately when the employer no longer meets the requirements.

     (b) An employer violating (a) of this subsection shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation.

     (c) A civil penalty imposed by the department may be appealed to the pollution control hearings board as provided for in RCW 43.21B.310.

[Statutory Authority: Chapter 70.120 RCW. 95-06-068 (Order 93-35), § 173-422-195, filed 2/28/95, effective 3/31/95; 90-06-062, § 173-422-195, filed 3/6/90, effective 4/6/90.]

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