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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