TITLE 9. ENVIRONMENT
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC5-91. Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area (amending 9VAC5-91-665).
Statutory Authority: § 46.2-1180 of the Code of Virginia; § 182 of the Clean Air Act; 40 CFR Part 51, Subpart S.
Effective Date: September 25, 2024.
Agency Contact: Karen Collins, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1941, or email karen.collins@deq.virginia.gov.
Summary:
Pursuant to Chapters 634 and 676 of the 2024 Acts of Assembly, the amendment raises the fee to be charged by the inspection and maintenance program coordinator for each certified analyzer system to $5,000 per year.
9VAC5-91-665. Warranty; service contract with program coordinator.
A. On or after July 1, 2013, and upon designation of a program coordinator, a service contract approved by the department shall be established between each inspection station owner and the program coordinator providing, at a minimum, the following services:
1. The delivery, installation, calibration, and verification of the proper operating condition of an analyzer system that has been certified in writing by the department.
2. The instruction of all inspectors currently employed by the emissions inspection station at the time of installation to include but not be limited to:
a. The proper use, maintenance, and operation of the exhaust analyzer system;
b. The step-by-step procedure for performing an emissions inspection, including OBD system test as appropriate;
c. The proper safety precautions for dynamometer use; and
d. The proper safety precautions for exhaust and calibration gas ventilation procedures.
B. The agreement shall provide for equipment maintenance and service or replacement of components of the certified analyzer system including dynamometer control devices, optional analyzer equipment, and dynamometer preventative maintenance. Repair or replacement of analyzer system components, other than minimal maintenance items established in the service contract, must be performed by the program coordinator or his authorized agent.
C. The fee to be charged by the program coordinator for each certified analyzer system shall be determined by the department and shall not exceed $3,500 $5,000 per year, not including optional devices and services and minimal maintenance items established in the service contract.
D. The program coordinator may contract with the inspection station to provide services or equipment beyond the minimum requirements of the contract specified in subsection A of this section.
VA.R. Doc. No. R25-7879; Filed August 07, 2024