Section: 643.0310 Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions--selection of person to operate inspection facility or program, procedure, contract requirement--selection of ...


Published: 2015

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Missouri Revised Statutes













Chapter 643

Air Conservation

←643.305

Section 643.310.1

643.312→

August 28, 2015

Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions--selection of person to operate inspection facility or program, procedure, contract requirement--selection of contractors, minorities, motor vehicle dealers--storage of conventional gasoline in nonattainment area.

643.310. 1. The commission may, by rule, establish a decentralized motor

vehicle emissions inspection program pursuant to sections 643.300 to 643.355

for any portion of a nonattainment area located within the area described in

subsection 1 of section 643.305. The decentralized motor vehicle emissions

inspection program shall be implemented and applied in the same manner

throughout every portion of a nonattainment area located within the area

described in subsection 1 of section 643.305. The commission shall ensure

that, for each nonattainment area, the state implementation plan established

pursuant to subsection 1 of section 643.305 incorporates and receives all

applicable credits allowed by the United States Environmental Protection

Agency for emission reduction programs in other nonattainment areas of like

designation in other states. The commission shall ensure that emission

reduction amounts established pursuant to subsection 2 of section 643.305

shall be consistent with and not exceed the emissions reduction amounts

required by the United States Environmental Protection Agency for other

nonattainment areas of like designation in other states. No motor vehicle

emissions inspection program shall be required to comply with subsection 1 of

section 643.305 unless the plan established thereunder takes full advantage of

any changes in requirements or any agreements made or entered into by the

United States Environmental Protection Agency and any entity or entities on

behalf of a nonattainment area concerning compliance with National Ambient Air

Quality Standards of the federal Clean Air Act, as amended, 42 U.S.C. Section

7401, et seq., and the regulations promulgated thereunder.



2. (1) The department, with the cooperation and approval of the

commissioner of administration, shall select a person or persons to operate an

inspection facility or inspection program pursuant to sections 643.300 to

643.355, under a bid procedure or under a negotiated process or a combination

thereof based on criteria and expectations established by the department.

This process may use either a licensing arrangement or contractual arrangement

with the selected party or parties. The selection of persons to operate

inspection facilities or inspection programs shall be exempt from the

provisions of all site procurement laws. Each person who is authorized to

operate a station pursuant to this section shall be capable of providing

adequate and cost-effective service to customers.



(2) Service management, coordination and data processing may be provided

by the department or by another person, including a contractor or licensee,

based upon the most cost-effective proposal for service.



(3) A license or contract shall be for a period of up to seven years,

consistent with the provisions of Article IV, Section 28 of the Missouri

Constitution, and licenses or contracts shall be annually reviewed. A license

or contract may be suspended or revoked if the licensee or contractor is not

meeting the conditions of sections 643.300 to 643.355, all applicable rules,

the license agreement or contract as determined by the department. A licensee

or contractor found to have violated sections 643.300 to 643.355, applicable

rules or the conditions of the license agreement or contract shall be in

violation of section 643.151 and subject to the penalties provided thereunder.



3. The commission, the department of economic development and the office

of administration shall, in cooperation with the minority business advocacy

commission, select the contractor or contractors to provide an inspection

program which satisfies the minimum requirements of this section in accordance

with the requirements of section 37.014* and chapter 34. The commission, the

office of administration and the department of economic development, in

cooperation with the minority business advocacy commission, shall ensure

adequate minority business participation in the selection of the contractor or

contractors to provide an inspection program pursuant to this section. The

commission, the office of administration and the department of economic

development shall ensure adequate participation of Missouri businesses in the

selection of the contractor or contractors to provide an inspection program

pursuant to this section.



4. With approval of the commission and pursuant to rules adopted by the

commission, an organization whose members are motor vehicle dealers or leasing

companies may establish one or more additional emissions inspection

facilities, which may be either mobile or stationary, to be used solely to

inspect motor vehicles owned and held for sale or lease by the members of the

organization. With approval of the commission and pursuant to rules adopted

by the commission, any person operating a fleet of motor vehicles may

establish one or more additional emissions inspection facilities, which may be

either mobile or stationary, to be used solely to inspect motor vehicles owned

or leased and operated by the person establishing the facility. The

inspections performed in facilities established pursuant to this subsection

shall be performed by a contractor selected by the commission pursuant to this

section and the contractor performing such inspections shall be responsible

solely to the department and shall satisfy all applicable requirements of

sections 643.300 to 643.355.



5. If the governor applies to the administrator of the Environmental

Protection Agency to require federal reformulated gasoline in nonattainment

areas, nothing in sections 643.300 to 643.355 shall prevent the storage of

conventional gasoline in nonattainment areas which is intended for sale to

agricultural, commercial or retail customers outside said nonattainment areas

subject to reformulated gasoline.



(L. 1994 S.B. 590, A.L. 1998 S.B. 619, A.L. 1999 H.B. 603, et al.

merged with S.B. 19, A.L. 2003 S.B. 54, A.L. 2006 S.B. 583)



Effective 9-01-07



*Reprinted due to statutory reference to section 33.752 changed to

section 37.014 to comply with section 3.060.





2003

2000



2003



643.310. 1. The commission may, by rule, establish a motor vehicle

emissions inspection program under sections 643.300 to 643.355 for any

portion of a nonattainment area located within the area described in

subsection 1 of section 643.305, except for any portion of the

nonattainment area which is located in a county of the first classification

without a charter form of government with a population of less than one

hundred thousand inhabitants according to the most recent decennial census,

if the commission determines that such motor vehicle emissions inspection

program is necessary in that area to comply with the requirements of

subsection 1 of section 643.305. The commission shall ensure that, for

each nonattainment area, the state implementation plan established under

subsection 1 of section 643.305 incorporates and receives all applicable

credits allowed by the United States Environmental Protection Agency for

emission reduction programs in other nonattainment areas of like

designation in other states. The commission shall ensure that emission

reduction amounts established under subsection 2 of section 643.305 shall

be consistent with and not exceed the emissions reduction amounts required

by the United States Environmental Protection Agency for other

nonattainment areas of like designation in other states. No motor vehicle

emissions inspection program shall be required to comply with subsection 1

of section 643.305 unless the plan established thereunder takes full

advantage of any changes in requirements or any agreements made or entered

into by the United States Environmental Protection Agency and any entity or

entities on behalf of a nonattainment area concerning compliance with

National Ambient Air Quality Standards of the federal Clean Air Act, as

amended, 42 U.S.C. 7401 et seq., and the regulations promulgated

thereunder. The air conservation commission shall request and it shall be

the duty of the attorney general to bring, in a court of competent

jurisdiction, an action challenging the authority of the United States

Environmental Protection Agency to impose sanctions for failure to attain

National Ambient Air Quality Standards and failure to provide for required

emission reductions under the federal Clean Air Act, as amended, 42 U.S.C.

7401, et seq. The action shall seek to define the required emission

reductions and the credits allowed for current and planned emission

reductions measures. The air conservation commission shall request and it

shall be the duty of the attorney general to bring an action to obtain

injunctive relief to enjoin and restrain the imposition of sanctions on the

state of Missouri under the federal Clean Air Act, as amended, 42 U.S.C.

7401, et seq., until all actions initiated under this section have been

decided. Provisions of section 307.366, RSMo, to the contrary

notwithstanding, the requirements of sections 643.300 to 643.355 shall

apply to those areas designated by the commission under this section in

lieu of the provisions of section 307.366, RSMo.



2. The department shall contract with one or more persons to provide

any motor vehicle emissions inspection program established under sections

643.300 to 643.355.



3. The department may purchase the motor vehicle emissions inspection

facilities pursuant to appropriations specifically provided for that

purpose. The department may lease, sublease or license the facilities to

the contractor or contractors for the purpose of fulfilling the obligations

of the contract for the motor vehicle emissions inspection program.



4. The inspection program shall satisfy the following criteria:



(1) There shall be an adequate number of stations to ensure that no

more than twenty percent of all persons residing in an affected

nonattainment area reside farther than five miles from the nearest

inspection station, and consideration shall be given to employment,

locations and commuting patterns when selecting the locations of the

stations;



(2) There shall be an adequate number of inspection lanes at each

facility so that no more than five percent of all persons having an

inspection are required to wait more than fifteen minutes before the

inspection begins;



(3) The days and daily hours of operation shall include at least

those hours specified by the department, which shall include, at a minimum,

twelve continuous hours of operation on all weekdays excepting federal

holidays, and six continuous hours of operation on all Saturdays excepting

federal holidays;



(4) The emissions inspection program shall include a simulated

on-road emissions inspection component, including pressure and purge tests,

which satisfies the requirements established by regulation of the United

States Environmental Protection Agency and may include a visual inspection

component;



(5) The inspection stations shall be test-only stations and shall not

offer motor vehicle emissions repairs, parts or services of any kind;



(6) No person operating or employed by an emissions inspection

station shall repair or maintain motor vehicle emission systems or

pollution control devices for compensation of any kind.



5. The commission, the department of economic development and the

office of administration shall, in cooperation with the minority business

advocacy commission, select the contractor or contractors to provide an

inspection program which satisfies the minimum requirements of this section

in accordance with the requirements of section 33.752, RSMo, and chapter

34, RSMo. The commission, the office of administration and the department

of economic development, in cooperation with the minority business advocacy

commission shall ensure adequate minority business participation in the

selection of the contractor or contractors to provide an inspection program

under this section. The commission, the office of administration and the

department of economic development shall ensure adequate participation of

Missouri businesses in the selection of the contractor or contractors to

provide an inspection program under this section.



6. With approval of the commission and under rules adopted by the

commission, an organization whose members are motor vehicle dealers or

leasing companies may establish one or more additional emissions inspection

facilities, which may be either mobile or stationary, to be used solely to

inspect motor vehicles owned and held for sale or lease by the members of

the organization. With approval of the commission and under rules adopted

by the commission, any person operating a fleet of five hundred or more

motor vehicles may establish one or more additional emissions inspection

facilities, which may be either mobile or stationary, to be used solely to

inspect motor vehicles owned or leased and operated by the person

establishing the facility. The inspections performed in facilities

established under this subsection shall be performed by a contractor

selected by the commission under this section and the contractor performing

such inspections shall be responsible solely to the department and shall

satisfy all applicable requirements of sections 643.300 to 643.355.



7. Any person who owns Missouri analyzer system emission inspection

equipment as defined by rule, used to provide emissions inspections under

section 307.366, RSMo, at a facility located in an area in which an

emissions inspection program has been established under sections 643.300 to

643.355 may, within twelve months of the implementation of an emissions

inspection program under sections 643.300 to 643.355, sell such equipment,

to the department of natural resources at current market value as

established by an independent appraisal provided that the equipment is

fully functional and has been maintained according to all applicable

manufacturer's specifications and procedures. The department shall

purchase such equipment using funds appropriated for that purpose from the

Missouri air emission reduction fund. Any person who, prior to January 1,

1992, contracted to lease or lease purchase, or purchased by borrowing a

portion of the funds secured by a chattel mortgage, Missouri analyzer

system emission inspection equipment used to provide emissions inspections

under section 307.366, RSMo, at a facility located in an area in which an

emissions inspection program has been established under sections 643.300 to

643.355, and has made all payments required under the contract, may, within

twelve months of the implementation of an emissions inspection program

under sections 643.300 to 643.355, request the department of natural

resources to take possession of such equipment and assume all payment

obligations owed on such equipment which obligations are not in excess of

one hundred and twenty-five percent of the current market value as

established by an independent appraisal, provided that the equipment is

fully functional and has been maintained according to all applicable

manufacturer's specifications and procedures. The department shall take

possession of such equipment and pay such obligations using funds

appropriated for that purpose from the Missouri air emission reduction

fund.



8. If the governor applies to the administrator of the Environmental

Protection Agency to require federal reformulated gasoline in nonattainment

areas, nothing in sections 643.300 to 643.355 shall prevent the storage of

conventional gasoline in nonattainment areas which is intended for sale to

agricultural, commercial or retail customers outside said nonattainment

areas subject to reformulated gasoline.



9. The governor, the department of natural resources, and the

commission shall work to ensure an orderly transition period in the

nonattainment area for the introduction of reformulated gasoline. Priority

shall be given to ensure the petroleum refiners ample time to organize,

structure, and implement both the production and the delivery of

reformulated gasoline to the nonattainment area, so that consumers will see

an orderly, seamless market substitution.



2000



643.310. 1. The commission may, by rule, establish a motor vehicle

emissions inspection program pursuant to sections 643.300 to 643.355 for any

portion of a nonattainment area located within the area described in

subsection 1 of section 643.305, except for any portion of the nonattainment

area which is located in a county of the first classification without a

charter form of government with a population of less than one hundred thousand

inhabitants according to the most recent decennial census, except that the

commission may establish a motor vehicle emissions inspection program pursuant

to sections 643.300 to 643.355 in such county only for motor vehicles owned by

residents of such county who have chosen to have a biennial motor vehicle

registration pursuant to section 301.147, RSMo, if the commission determines

that such motor vehicle emissions inspection program is necessary in that area

to comply with the requirements of subsection 1 of section 643.305. The

commission shall ensure that, for each nonattainment area, the state

implementation plan established pursuant to subsection 1 of section 643.305

incorporates and receives all applicable credits allowed by the United States

Environmental Protection Agency for emission reduction programs in other

nonattainment areas of like designation in other states. The commission shall

ensure that emission reduction amounts established pursuant to subsection 2 of

section 643.305 shall be consistent with and not exceed the emissions

reduction amounts required by the United States Environmental Protection

Agency for other nonattainment areas of like designation in other states. No

motor vehicle emissions inspection program shall be required to comply with

subsection 1 of section 643.305 unless the plan established thereunder takes

full advantage of any changes in requirements or any agreements made or

entered into by the United States Environmental Protection Agency and any

entity or entities on behalf of a nonattainment area concerning compliance

with National Ambient Air Quality Standards of the federal Clean Air Act, as

amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder.

The air conservation commission shall request and it shall be the duty of the

attorney general to bring, in a court of competent jurisdiction, an action

challenging the authority of the United States Environmental Protection Agency

to impose sanctions for failure to attain National Ambient Air Quality

Standards and failure to provide for required emission reductions under the

federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. The action shall

seek to define the required emission reductions and the credits allowed for

current and planned emission reductions measures. The air conservation

commission shall request and it shall be the duty of the attorney general to

bring an action to obtain injunctive relief to enjoin and restrain the

imposition of sanctions on the state of Missouri under the federal Clean Air

Act, as amended, 42 U.S.C. 7401, et seq., until all actions initiated pursuant

to this section have been decided. Provisions of section 307.366, RSMo, to

the contrary notwithstanding, the requirements of sections 643.300 to 643.355

shall apply to those areas designated by the commission pursuant to this

section in lieu of the provisions of section 307.366, RSMo.



2. No later than the effective date of this section*, the department of

natural resources and the Missouri highway patrol shall enter into an

interagency agreement covering all aspects of the administration and

enforcement of section 307.366, RSMo, and sections 643.300 to 643.355.



3. (1) The department, with the cooperation and approval of the

commissioner of administration, shall select a person or persons to operate an

inspection facility or inspection program pursuant to sections 643.300 to

643.355, under a bid procedure or under a negotiated process or a combination

thereof based on criteria and expectations established by the department.

This process may use either a licensing arrangement or contractual arrangement

with the selected party or parties. The selection of persons to operate

inspection facilities or inspection programs shall be exempt from the

provisions of all site procurement laws. The number of locations shall be no

less than the number needed to provide adequate service to customers and

establish an emissions inspection program which satisfies the requirements of

this section. Each person who is authorized to operate a station pursuant to

this section shall be capable of providing adequate and cost-effective service

to customers.



(2) Service management, coordination and data processing may be provided

by the department or by another person, including a contractor or licensee,

based upon the most cost-effective proposal for service.



(3) A license or contract shall be for a period of up to seven years,

consistent with the provisions of article IV, section 28 of the Missouri

Constitution, and licenses or contracts shall be annually reviewed. A license

or contract may be suspended or revoked if the licensee or contractor is not

meeting the conditions of sections 643.300 to 643.355, all applicable rules,

the license agreement or contract as determined by the department. A licensee

or contractor found to have violated sections 643.300 to 643.355, applicable

rules or the conditions of the license agreement or contract shall be in

violation of section 643.151 and subject to the penalties provided thereunder.



4. The inspection program shall satisfy the following criteria:



(1) There shall be an adequate number of stations to ensure that no more

than twenty percent of all persons residing in an affected nonattainment area

reside farther than five miles from the nearest inspection station, and

consideration shall be given to employment, locations and commuting patterns

when selecting the locations of the stations;



(2) There shall be an adequate number of inspection lanes at each

facility so that no more than five percent of all persons having an inspection

are required to wait more than fifteen minutes before the inspection begins;



(3) The days and daily hours of operation shall include at least those

hours specified by the department, which shall include, at a minimum, twelve

continuous hours of operation on all weekdays excepting federal holidays, and

six continuous hours of operation on all Saturdays excepting federal holidays;



(4) The emissions inspection program shall include a simulated on-road

emissions inspection component, including pressure and purge tests, which

satisfies the requirements established by regulation of the United States

Environmental Protection Agency and may include a visual inspection component;



(5) The inspection stations shall be test-only stations and shall not

offer motor vehicle emissions repairs, parts or services of any kind;



(6) No person operating or employed by an emissions inspection station

shall repair or maintain motor vehicle emission systems or pollution control

devices for compensation of any kind.



5. The commission, the department of economic development and the office

of administration shall, in cooperation with the minority business advocacy

commission, select the contractor or contractors to provide an inspection

program which satisfies the minimum requirements of this section in accordance

with the requirements of section 33.752, RSMo, and chapter 34, RSMo. The

commission, the office of administration and the department of economic

development, in cooperation with the minority business advocacy commission

shall ensure adequate minority business participation in the selection of the

contractor or contractors to provide an inspection program pursuant to this

section. The commission, the office of administration and the department of

economic development shall ensure adequate participation of Missouri

businesses in the selection of the contractor or contractors to provide an

inspection program pursuant to this section.



6. With approval of the commission and pursuant to rules adopted by the

commission, an organization whose members are motor vehicle dealers or leasing

companies may establish one or more additional emissions inspection

facilities, which may be either mobile or stationary, to be used solely to

inspect motor vehicles owned and held for sale or lease by the members of the

organization. With approval of the commission and pursuant to rules adopted

by the commission, any person operating a fleet of five hundred or more motor

vehicles may establish one or more additional emissions inspection facilities,

which may be either mobile or stationary, to be used solely to inspect motor

vehicles owned or leased and operated by the person establishing the facility.

The inspections performed in facilities established pursuant to this

subsection shall be performed by a contractor selected by the commission

pursuant to this section and the contractor performing such inspections shall

be responsible solely to the department and shall satisfy all applicable

requirements of sections 643.300 to 643.355.



7. Any person who owns Missouri analyzer system emission inspection

equipment as defined by rule, used to provide emissions inspections pursuant

to section 307.366, RSMo, at a facility located in an area in which an

emissions inspection program has been established pursuant to sections 643.300

to 643.355 may, within twelve months of the implementation of an emissions

inspection program pursuant to sections 643.300 to 643.355, sell such

equipment, to the department of natural resources at current market value as

established by an independent appraisal provided that the equipment is fully

functional and has been maintained according to all applicable manufacturer's

specifications and procedures. The department shall purchase such equipment

using funds appropriated for that purpose from the Missouri air emission

reduction fund. Any person who, prior to January 1, 1992, contracted to lease

or lease purchase, or purchased by borrowing a portion of the funds secured by

a chattel mortgage, Missouri analyzer system emission inspection equipment

used to provide emissions inspections pursuant to section 307.366, RSMo, at a

facility located in an area in which an emissions inspection program has been

established pursuant to sections 643.300 to 643.355, and has made all payments

required under the contract, may, within twelve months of the implementation

of an emissions inspection program pursuant to sections 643.300 to 643.355,

request the department of natural resources to take possession of such

equipment and assume all payment obligations owed on such equipment which

obligations are not in excess of one hundred and twenty-five percent of the

current market value as established by an independent appraisal, provided that

the equipment is fully functional and has been maintained according to all

applicable manufacturer's specifications and procedures. The department shall

take possession of such equipment and pay such obligations using funds

appropriated for that purpose from the Missouri air emission reduction fund.



8. If the governor applies to the administrator of the Environmental

Protection Agency to require federal reformulated gasoline in nonattainment

areas, nothing in sections 643.300 to 643.355 shall prevent the storage of

conventional gasoline in nonattainment areas which is intended for sale to

agricultural, commercial or retail customers outside said nonattainment areas

subject to reformulated gasoline.



9. The governor, the department of natural resources, and the commission

shall work to ensure an orderly transition period in the nonattainment area

for the introduction of reformulated gasoline. Priority shall be given to

ensure the petroleum refiners ample time to organize, structure, and implement

both the production and the delivery of reformulated gasoline to the

nonattainment area, so that consumers will see an orderly, seamless market

substitution.



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