PERMANENT RULES
Effective Date of Rule: July 1, 2012.
Purpose: This rule is needed because state law requires ecology to authorize additional businesses other than the state contractor to emission test vehicles starting July 1, 2012, RCW 70.120.170 (2)(d).
Chapter 173-422A WAC does not repeal chapter 173-422 WAC but will apply to the program starting July 1, 2012. This new rule retains several provisions from chapter 173-422 WAC that are necessary to implement the program.
Chapter 173-422A WAC aims to make getting an emission test easier by:
| • | Allowing other businesses in addition to ecology's contractor to test vehicles. |
| • | Streamlining testing procedures by eliminating gas cap and check engine light checks and dynamometer testing. Increasing numbers of vehicles tested by obtaining information from the vehicle's "on-board diagnostic" (OBD) system make these tests less relevant. |
| • | Requiring that all testing to be done on-line with the state contractor's computer system. |
| • | Exempting all light-duty diesel vehicles and the heavy-duty diesel vehicles that meet the EPA 2007 exhaust emission standards or are equipped with an exhaust particle filter. |
| • | Using the same test standards for all 1995 model year and older gasoline vehicles. |
| • | Requiring the OBD monitor(s) that detected a problem on the initial test be ready for a passing retest. |
| • | Permitting a repair waiver for vehicles unable to be retested. |
| • | No longer requiring listed automotive repair businesses to have an exhaust analyzer. They will be required to have an OBD scan tool with full diagnostic capabilities. |
Statutory Authority for Adoption: RCW 70.120.120.
Adopted under notice filed as WSR 11-05-089 on February 15, 2011.
A final cost-benefit analysis is available 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 17, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 18, Amended 0, 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 18, Amended 0, Repealed 0.
Date Adopted: August 10, 2011.
Ted Sturdevant
Director
OTS-2639.4
MOTOR VEHICLE EMISSION INSPECTION
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"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.
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| 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 |
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| 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 |
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| 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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(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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(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 |
(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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(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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(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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| Model Year | Opacity (%) |
| 1991 and older | 50 |
| 1992-1996 | 40 |
| 1997-2008 | 30 |
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(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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(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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(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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(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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(2) Authorized testers may set their own fees.
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(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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(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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(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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