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Title 18 . Environmental Conservation
Chapter 52 . Administrative Enforcement
Section 37. Reporting requirements for an I/M program administered by an implementing agency

18 AAC 52.037. Reporting requirements for an I/M program administered by an implementing agency

(a) Within 30 days after receiving a request from e 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 contain

(1) the raw emissions test data collected from each motor vehicle inspected during the quarter;

(2) a statistical test data report, including

(A) the number and percentage of vehicles receiving each type of waiver described in 18 AAC 52.060;

(B) a list by model year and vehicle type of the number of vehicles tested, as set out in Table 1 of this subparagraph;

    

    

Vehicle Type Definition LDGV light-duty gasoline-fueled vehicles (passenger cars) not exceeding 8500 lbs. GVWR HDGV heavy-duty gasoline-fueled vehicles over 8500 lbs. GVWR (heavier commercial trucks, buses and motorhomes) LDGT1 light-duty gasoline-fueled trucks not exceeding 6000 lbs. GVWR (lighter pick-up trucks and vans) LDGT2 light-duty gasoline-fueled trucks over 6000 lbs. GVWR and not exceeding 8500 lbs. GVWR (heavier pick-up trucks and vans, and many commercial trucks)

(C) a list, by model year and vehicle type, of the number and percentage of

(i) vehicles that failed an initial emissions test, an initial tailpipe emissions test, and each type of initial emissions control component check;

(ii) initially failed vehicles that failed the first retest for tailpipe emissions;

(iii) initially failed vehicles that received a waiver;

(iv) initially failed vehicles that passed the first or subsequent retest for tailpipe emissions;

(v) initially failed vehicles that passed each emissions control component check on the first or subsequent retest by component; and

(vi) vehicles with no known final outcome;

(D) a list, by model year and test station, of

(i) the number of initial tests; and

(ii) the initial test failure rate; and

(E) the average increase or decrease in vehicle emissions levels after repairs, by model year and vehicle type;

(3) a quality assurance report, including

(A) the number of certified stations operating throughout the quarter and the number operating for part of the quarter; for the stations operating throughout the quarter, the report must include the number of stations that

(i) received, or did not receive, an overt performance review;

(ii) received, or did not receive, a covert performance review;

(iii) were closed as a result of an overt performance review;

(B) the number of covert performance reviews

(i) conducted with a vehicle set to fail the emissions test or the OBDII portion of the I/M test, one or more visual or functional checks, or both the emissions test or the OBDII portion of the I/M test and one or more visual or functional checks; and

(ii) that resulted in a false pass for the emissions test, for the OBDII portion of the I/M test, for one or more visual or functional checks, or for both the emissions test or the OBDII portion of the I/M test and one or more visual or functional checks;

(C) the number of certified mechanics and stations whose performance reviews resulted in a verbal warning, a written warning, a notice of violation, a citation, a fine or other penalty, or a suspended or revoked certification, or that resulted in the mechanic being suspended or fired, or in the mechanic or station being prohibited from performing a repair or inspection under this chapter;

(D) the number of mechanics who, at the end of the quarter, are certified to conduct testing on motor vehicles that are principally located or operated in the area for which the implementing agency is operating an I/M program, including the number of mechanics who

(i) received, or did not receive, an overt performance review;

(ii) received, or did not receive, a covert performance review;

(E) the number of administrative hearings conducted by the implementing agency to consider an action against a certified mechanic or station, and the result of each hearing;

(F) the amount collected in fines from certified mechanics and stations, listed by type of violation; and

(G) the number of vehicles used for covert performance reviews during the year;

(4) a quality control report that lists

(A) the number of inspection stations and EISs used in the program;

(B) the number of equipment reviews, listed by station or EIS;

(C) the number and percentage of stations and EISs that failed an equipment review;

(D) the number of EISs that were locked out; an

(E) the number and percentage of stations and EISs closed as a result of an equipment review; and

(5) an enforcement report that lists

(A) an estimate of the number of vehicles subject to the program, including the results of an analysis of the registration database;

(B) the percentage of vehicles in compliance, based on a comparison of the number of certificates of inspection issued with the number of subject vehicles; if more than one certificate of inspection was issued to the same audit vehicle, the certificate and vehicle should be counted only once;

(C) the number of certificates of inspection issued to certified stations by the implementing agency, and the number of certificates that are unaccounted for;

(D) the number of waivers granted under 18 AAC 52.060(a) and the number of time extensions granted under 18 AAC 52.060(d) ;

(E) the number of compliance surveys, including parking lot surveys, conducted, the number of vehicles surveyed in each survey, and the noncompliance rate found during each survey;

(F) a detailed report on actions taken by the implementing agency, on its own or in cooperation with the department and the division of motor vehicles, to prevent motorists from

(i) falsely registering a vehicle outside the I/M area;

(ii) falsely changing fuel type or weight class on the vehicle registration;

(iii) driving a vehicle in the I/M area from November 1 through March 31 after obtaining a seasonal waiver under 18 AAC 52.060(a) (3) for that vehicle; and

(iv) commuting into the Municipality of Anchorage and failing to comply with this chapter;

(G) the results of any special study of the frequency of the violations listed in (F) of this paragraph;

(H) the total amount of fines imposed by the Alaska Court System or by an implementing agency that is a municipality for

(i) driving with an expired registration or for misrepresenting the motorist's residential address for purposes of vehicle registration; or

(ii) displaying a windshield sticker on a vehicle that is not in compliance with this chapter; and

(I) the number of registration file evaluations, including the number of registrations reviewed and the compliance rate found in each evaluation.

(c) A report that the department requests of activity during the previous 12 months must describe any

(1) changes made during that 12-month period in program design, funding, personnel levels, procedures, regulations, and legal authority, with a detailed evaluation of the impact of each change on program effectiveness;

(2) program weaknesses or problems identified within that 12-month period and any plans to address each weakness or problem; and

(3) corrective actions taken and the results of those actions.

History: Eff. 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

Authority: AS 46.03.020

AS 46.14.010

AS 46.14.030

AS 46.14.510


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Last modified 7/05/2006