Alaska Administrative Code

Notes 18 AAC 50.730 Eff. 1/4/95, Register 133; repealed 4/17/2015, Register 214, July 2015

Notes 18 AAC 50.735 Eff. 1/4/95, Register 133; am 4/17/2015, Register 214, July 2015; repealed 3/2/2016, Register 217, April 2016

(a) A conformity determination on the transportation plan or transportation improvement program may not include emission reduction credits from any control measures that are not included in the transportation plan or transportation improvement program and that do not require a re…

(a) If during the interagency consultation process under 18 AAC 50.700 - 18 AAC 50.750 a conflict arises between state agencies or between state and local agencies, and the conflict cannot be resolved by the heads of the involved agencies, the department will refer the conflict t…

Notwithstanding the other requirements of 18 AAC 50.700 - 18 AAC 50.750, highway and transit projects of the types listed in Table 2 of 40 C.F.R. 93 .126, revised as of July 1, 20 13, and adopted by reference, are exempt from the requirement to determine conformity. Those project…

(a) The purpose of the small business assistance program established under AS 46.14.300 is to help small businesses in the state comply with state and federal air quality laws. The department's The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, d…

(a) A person authorized under AS 46.14.200 may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 to review a final department decision to issue, deny, place a term or condition upon, or revoke a permit under 18 AAC 50.30…

Notes 18 AAC 50.910 Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

In this chapter unless the context requires otherwise, (1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040; (2) "administrator" means the administrator of the United States Environmental Protection Agency, except as otherw…

(a) Subject to the other provisions of this section, including the exemptions set out in (f) of this section, the maintenance requirements of 18 AAC 52.015(a) apply to (1) a motorist; and (2) a person engaged in the business of maintaining, repairing, or otherwise servicing emiss…

(a) Subject to (b) of this section, if an I/M area attains the NAAQS for carbon monoxide, and after consultation with and approval by the EPA administrator of an applicable revision to the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, the department will …

There is created within the department's air quality improvement section, a department office responsible for administration and enforcement of all aspects of the I/M program (I/M office). The I/M office will (1) administer and enforce the requirements of this chapter, including …

(a) A motorist and a person engaged in the business of maintaining, repairing, or otherwise servicing vehicle emissions control systems shall (1) ensure that emissions, excluding condensed water vapor, from a (A) gasoline-powered motor vehicle are not visible for more than any fi…

(a) A certificate of inspection required under this chapter may be issued only by the implementing agency, its designee, its referee facility, or a station certified under 18 AAC 52.415. (b) A motorist described in 18 AAC 52.005(b) (1) or (b)(2) shall obtain and renew a certifica…

(a) The windshield sticker certificate of inspection must be(1) easy to observe from outside a vehicle; (2) of a quality that is difficult to counterfeit, difficult to remove without destroying it, and durable enough to last until the next inspection without fading, peeling, or o…

(a) The department will, in its discretion, and after notice and opportunity for public comment, administer an I/M program(1) in any area where the department determines that a program is needed to attain or maintain the national ambient air quality standard for carbon monoxide b…

(a) A municipality may not implement or administer an I/M program without department approval. The department will approve a program that (1) establishes an I/M office that meets the requirements of 18 AAC 52.010(1) and (3) - (9); and (2) meets the requirements of this section. (…

(a) Within 30 days after receiving a request from the department for a report under (b) or (c) of this section, an implementing agency shall submit the report to the department. (b) A report that the department requests of activities during the previous calendar quarter must cont…

To carry out the requirements of this chapter, an implementing agency may implement a centralized I/M program that (1) meets the performance standards described in 18 AAC 52.035(d); (2) is conducted at a test-only inspection facility operated by the implementing agency or its con…

To carry out the requirements of this chapter, an implementing agency may implement a decentralized I/M program that (1) meets the performance standards described in 18 AAC 52.035(d); and (2) otherwise meets the applicable requirements of this chapter. Notes 18 AAC 52.045 Eff. 2/…

(a) For a vehicle to pass an I/M program inspection, it must(1) have emissions levels at or below the standards in this section and 18 AAC 52.055; this requirement does not apply to light-duty 1996 or newer model year vehicles unless that vehicle's make, model, and model year has…

(a) The department will, in its discretion, approve alternative requirements, standards, and test procedures to those specified in this chapter. (b) Subject to department approval, instead of the standards set in 18 AAC 52.050, an implementing agency may establish alternative(1) …

(a) Any person may seek a waiver from passing an I/M program inspection, except that no waiver may be issued to a vehicle that is untestable due to a correctable defect, including those listed in 18 AAC 52.530(d). The motorist shall repair a correctable defect before the I/M test…

(a) Unless provided otherwise in this section, a motorist who is subject to 18 AAC 52.005(c) shall complete necessary emissions-related repairs as required in (d) of this section. If the cost of completing all repairs exceeds $450, the motorist shall complete those repairs for ea…

(a) Each implementing agency or its contractor shall maintain and operate a referee facility to carry out the functions described in this section. (b) The implementing agency shall ensure that the referee facility is equipped with instrumentation and other equipment and supplies …

A kit car or custom-manufactured vehicle registered in Alaska before January 1, 1993, is subject to the emissions standards for 1974 model year vehicles set out in 18 AAC 52.050. The owner or lessee of a kit car or custom-manufactured vehicle that was first registered after Decem…

(a) Except as otherwise provided in this section, the department will, and the implementing agency or referee facility may,(1) inspect a grey market vehicle in accordance with importation documents issued by EPA or the manufacturer's emissions decal; and (2) issue a certificate o…

(a) Subject to (b) of this section, the referee facility shall, if requested by the motorist, issue a certificate of inspection for a vehicle that has been (1) converted to dual-fuel use if (A) the vehicle (i) meets the emissions standards of 18 AAC 52.050 for the vehicle in its …

(a) Based upon guidance issued by the implementing agency, the referee facility shall specify repair procedures for a vehicle that does not comply with the requirements of 18 AAC 52.075, 18 AAC 52.080, or 18 AAC 52.085. (b) For a grey market vehicle, the implementing agency may r…

(a) In addition to the other requirements of this chapter, to obtain department approval for an I/M program, an implementing agency shall meet the minimum requirements of this section. (b) An implementing agency shall adopt training and testing procedures for certifying mechanics…

(a) To assist an implementing agency, the department will, in its discretion, participate in an enforcement action taken under this section by the implementing agency. The department will, in its discretion, take an enforcement action against a motorist who fails to comply with t…

(a) If the department or an implementing agency finds, or has cause to believe, that an act or omission of a certified mechanic or an owner, operator, employee, partner, officer, or member of a certified station violates this chapter, the department will, in its discretion, or th…

(a) If the department or an implementing agency finds or has cause to believe that a certified equipment manufacturer or a designated service contractor of a certified equipment manufacturer is not providing service or maintenance consistent with the equipment manufacturer's cert…

(a) A mechanic who seeks certification under this chapter shall submit an application to the implementing agency on a form provided by the agency. The implementing agency may issue a certification to a mechanic if that mechanic has (1) at least two years experience in the automot…

(a) Only an examination certified under this section may be used for purposes of certifying mechanics under 18 AAC 52.400. To be certified under this section, the examination must consist of (1) a comprehensive mechanic competency test described in (b) of this section; (2) a writ…

(a) Only a training course certified under this section may be used for purposes of certifying mechanics under 18 AAC 52.400. The department will, in its discretion, certify a mechanic's training course if minimum course requirements are equivalent to those contained in Part II o…

(a) An implementing agency may certify an auto repair facility as a certified station if the facility meets the requirements of 18 AAC 52.500 - 18 AAC 52.550. Separate certification is required for each inspection location. Multiple test bays or inspection lanes at one location r…

(a) A manufacturer or distributor of emissions test equipment may apply to the department for certification of that equipment for use under this chapter. A person who seeks certification of equipment for use in this state under this chapter shall provide EISs that are an Alaska v…

(a) A person who has received certification under 18 AAC 52.400 - 18 AAC 52.420 shall apply for renewal on a form provided by the implementing agency. An application for renewal must be filed at least 30 but no more than 90 days before certification expires. (b) Renewal of certif…

A certified mechanic or station shall report to the implementing agency any change in the I/M-related status, including a change in employment or in the home or mailing address, within 10 days after the change occurs. Notes 18 AAC 52.430 Eff. 2/1/94, Register 129 Authority:AS 46.…

(a) The implementing agency shall conduct routine performance reviews of certified mechanics and stations and shall send vehicles used for overt and covert performance reviews through a certified station to determine whether proper inspections and repairs are being performed. The…

A certified mechanic or station found by the implementing agency to be in noncompliance with a requirement of this chapter risks suspension or revocation of certification under 18 AAC 52.105. Notes 18 AAC 52.445 Eff. 2/1/94, Register 129 Authority:AS 46.03.020(10) AS 46.14.030 AS…

(a) No person or business may post a sign or otherwise advertise a facility as a certified station or solicit or offer to perform an I/M test if that person or business is not certified under this chapter. The owner or operator of a certified station shall employ only certified m…

(a) Only a station certified under this chapter may display a sign or shield bearing the inscription "Certified I/M Station, Test and Repair." The sign must conform to the design shown in Figure 1 and must be bordered and lettered in light chrome yellow. The background must be ro…

A certified station shall prominently display in the customer service area each certification issued under this chapter for that station and for each certified mechanic employed by the station. The certifications must be displayed in a manner that is legible by customers while a …

(a) A certified station shall post in its customer service area a clearly legible sign that states (1) the total cost for an I/M test, pass or fail; or (2) the cost for an I/M test and the cost for a certificate of inspection, if the vehicle passes the inspection, with each cost …

(a) A certified station shall have available for use by its employees, the tools and test equipment necessary to conduct vehicle I/M tests, including at least one EIS certified under 18 AAC 52.420. If a vehicle manufacturer specifies that special tools or testing equipment must b…