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(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 by the date required by 42 U.S.C. 7512 (Clean Air Act, section 186), as amended through November 15, 1990;
(2) in an I/M area where an implementing agency
(A) determines that it will no longer administer the I/M program in that area; or
(B) is found by the department, under AS 46.14.410 , to be administering an inadequate program; or
(3) that applies to motorists who commute into an I/M area but whose vehicles are not registered in that I/M area.
(b) A person subject to this chapter shall meet the applicable requirements of a department-administered I/M program, including the requirements of the program manual, in the same manner that the person would be required to meet the requirements of a program administered by an implementing agency.
(c) Subject to (d) of this section, if the department administers an I/M program, when it is stated in this chapter that the implementing agency
(1) "may," it means that the department will act, in its discretion; and
(2) "shall," it means that the department will act.
(d) Except as stated otherwise, the reporting requirements imposed upon an implementing agency under this chapter do not apply under a department-administered I/M program.
History: Eff. 2/1/94, Register 129; am 6/24/94, Register 130
Authority: AS 46.03.020 (10)
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Last modified 7/05/2006