Title 18 . Environmental Conservation

Chapter 52 . Administrative Enforcement

Section 990. Definitions

18 AAC 52.990. Definitions

In this chapter, unless the context requires otherwise

(1) "aftermarket part" means a part that is not manufactured by the original equipment manufacturer;

(2) "after-repair test" or "'A' test" means an I/M test performed after an I/M repair;

(3) "alternate fuel" means a fuel other than gasoline or diesel fuel used to power a motor vehicle; "alternate fuel" does not include an oxygenated fuel approved for use under 18 AAC 53;

(4) "BAR" means California Bureau of Automotive Repair;

(5) "CARB" means the California Air Resources Board;

(6) "centralized inspection program" means an I/M program under which an I/M test is conducted at a centralized test-only inspection facility operated by the implementing agency or its contractor; only inspections, not repairs, of motor vehicles are permitted at a test-only inspection facility;

(7) "certificate of inspection" and "certificate" mean the windshield sticker described in 18 AAC 52.020(d) ;

(8) "certified mechanic" means a mechanic certified under this chapter for the performance of I/M tests and other inspections and repairs subject to this chapter;

(9) "certified mechanic or station" means a certified mechanic or a certified station, as applicable;

(10) "certified station" means a facility certified under this chapter for the performance of I/M tests and other inspections and repairs subject to this chapter;

(11) "commute" means to travel between a motorist's residence and an I/M area, a nonattainment area, or a maintenance area for purposes of work or school;

(12) "compliance rate" means the number of vehicles that obtain certificates under an I/M program during one year, divided by the estimated number of vehicles that should have been inspected during that year;

(13) "covert performance review" means an investigation conducted by the department, the department's contractor, an implementing agency, or an implementing agency's contractor to evaluate the performance of a certified mechanic or station without the knowledge of the mechanic or station;

(14) "curb idle" means the manufacturer's suggested engine operating speed in revolutions per minute when the vehicle transmission is placed in either the neutral or park position and the engine has reached its normal operating temperature;

(15) "custom-manufactured vehicle" means a vehicle that has not been certified by the EPA as meeting federal motor vehicle emissions standards or by the CARB as meeting California motor vehicle emissions standards;

(16) "decentralized inspection program" means an I/M program under which a certified mechanic conducts emissions testing at a privately owned and operated certified station;

(17) "department" means the Alaska Department of Environmental Conservation;

(18) "documented vehicle" means a vehicle for which a referee facility has verified the state of the emissions control system repair and which is taken by the department, the department's contractor, an implementing agency, or an implementing agency's contractor to a certified mechanic or station for an overt or covert performance review of the mechanic or station;

(19) repealed 3/27/2002;

(20) "dual-fuel vehicle" means a vehicle that is capable of operating on gasoline as well as on propane or some other fuel;

(21) "economic hardship" means a finding under this chapter that a person does not have sufficient assets, credit, or other means to pay for an emissions-related repair required by this chapter;

(22) "EIS" or "emissions inspection system" means the system, including exhaust gas sampling, and analysis equipment and computer control for that equipment, used at a certified station to measure and record vehicle exhaust emissions;

(23) "emissions control system" means any element of either a motor vehicle's air pollution control system or another mechanism of a motor vehicle that affects the vehicle's release of air pollutants into the atmosphere;

(24) "emissions-related adjustments" means idle mixture setting, curb idle speed setting, fast idle speed setting, ignition dwell angle (if applicable), spark advance setting, choke setting, and any other motor vehicle adjustment that affects a motor vehicle's release of air pollutants into the atmosphere;

(25) "emissions-related part" means a motor vehicle part that affects the vehicle's release of air pollutants into the atmosphere, including

(A) fuel metering system components, such as the carburetor or fuel injection system and internal parts, air/fuel ratio feedback and control system including exhaust oxygen sensor, and cold start air/fuel ratio enrichment system;

(B) air induction system components, such as the controlled hot air intake system, intake manifold, heat riser valve and assembly, and turbocharger systems;

(C) ignition system components, such as the distributor and internal parts, spark advance or retard system, spark plugs, ignition coil or control module, and ignition wires;

(D) evaporative control system components, such as the vapor storage canister, vapor-liquid separator, fuel tank and filler cap, positive crankcase ventilation (PCV) system, PCV valve, and oil filler cap;

(E) exhaust gas recirculation (EGR) system components, such as the EGR valve body and carburetor spacer, and EGR rate feedback and control system;

(F) air injection system components, such as the air pump or air aspirator, valves affecting distribution of air flow, and air distribution manifold;

(G) catalyst or thermal reactor system components, such as catalytic converters, thermal reactors, exhaust manifold, and exhaust port liners or double walled exhaust pipe;

(H) basic engine parts, such as the camshaft, pistons, and cylinder heads; and

(I) miscellaneous items used in the systems listed in (A) - (H) of this paragraph, such as

(i) hoses, clamps, fittings, and tubing;

(ii) sealing gaskets or devices;

(iii) mounting hardware, pulleys, belts, idlers, and electronic controls; and

(iv) vacuum, temperature, and time-sensitive valves and switches;

(26) "emissions-related repair" means a motor vehicle repair that affects a vehicle's emissions and that is made to correct or prevent an automotive exhaust emissions problem;

(27) "EPA" means the United States Environmental Protection Agency;

(28) "failure rate" means the rate determined by comparing the annual number of vehicles that fail an initial I/M test performed under this chapter with the annual number of initial inspections;

(29) "fleet operator" means the owner of 10 or more vehicles that are subject to this chapter;

(30) "FTP" or "federal test procedure" means the emissions testing procedure used by the EPA to certify new motor vehicles as meeting applicable federal emissions standards;

(31) "grey market vehicle" means a vehicle manufactured for use outside of, and imported into, the United States;

(32) "GVWR" means gross vehicle weight rating;

(33) "I/M" means inspection and maintenance;

(34) "I/M area" means

(A) an area in the state listed in 18 AAC 52.005(g) ; and

(B) an emissions inspection and maintenance area when ownership of a vehicle is transferred under AS 28.10.271 (d);

(35) "I/M office" means the office within the department that is responsible for the administration and enforcement of all aspects of the I/M program;

(36) "I/M program" means a motor vehicle emissions inspection and maintenance program approved or administered by the department under this chapter, the purposes of which are to determine whether a motor vehicle emissions control system has been properly maintained and to otherwise carry out the requirements of this chapter;

(37) "I/M repair" means maintenance of and repair to a motor vehicle performed to meet the requirements of this chapter;

(38) "I/M test" means a vehicle emissions inspection, performed at a certified station, which includes a visual and functional inspection of the emissions control system and the measurement of tailpipe emissions concentrations or evaluating a vehicle's OBDII system;

(39) "implementing agency" means either the department or a municipality that implements an I/M program;

(40) "initial inspection" or "'I' test" means the first I/M test performed on a vehicle at a certified station in each inspection cycle;

(41) "inspection cycle" means the two-year period between I/M tests;

(42) "kit car" or "vehicle assembled by a private party" means a vehicle assembled from a kit for the personal use of the motorist who assembles it and that has not been certified by the EPA as meeting federal motor vehicle emissions standards or by the CARB as meeting California motor vehicle emissions standards;

(43) "lessee" means a person who enters into either a lease or a lease-purchase agreement for a motor vehicle;

(44) "loaded mode" means a type of emissions test procedure in which a chassis dynamometer subjects a vehicle's engine to an increased load simulating the vehicle's performance under actual operating conditions;

(45) "local I/M administrator" means the person in charge of an implementing agency;

(46) "maintenance area" means an area that has been redesignated by the EPA from a designation of "nonattainment" to a designation of "attainment" and that is subject to a maintenance plan submitted as required by 42 U.S.C. 7505a(a) (commonly referred to as sec. 175A(a), Clean Air Act), as amended through November 26, 1996;

(47) "model year" means the year identified in the vehicle identification number (VIN) located near the windshield on the driver's side of the instrument panel; for 1975 - 1980, the sixth digit of the vehicle identification number indicates the model year of the vehicle; for 1981 - 2009, the 10th digit of the vehicle identification number indicates the model year; the model year code from the vehicle identification number is as follows:

(A) 1979: "9";

(B) 1980 - 2000: "A", with each subsequent year assigned the next letter of the alphabet, and excluding the letters "I," "O," "Q," "U," and "Z";

(C) 2001 - 2009: "1", with each subsequent year assigned the next cardinal number;

(48) "motorist" means

(A) the owner or lessee of a motor vehicle that is registered in this state or that is required to be registered in this state;

(B) a department, agency, or instrumentality of the federal government; or

(C) the owner or lessee of a vehicle registered in another state who is described in 18 AAC 52.005(d) and whose vehicle is not required to be registered in this state under AS 28.10.011 ;

(49) "motor vehicle" or "vehicle" has the meaning given "motor vehicle" in AS 28.40.100 ;

(50) "motor vehicle dealer" has the meaning given in AS 08.66.350 ;

(51) "nonattainment area" means an area that does not meet the national ambient air quality standard for carbon monoxide;

(52) "nonconforming vehicle" means a vehicle, including a kit car, that was not certified by the EPA as conforming to applicable federal motor vehicle emissions standards or by the CARB as meeting California motor vehicle emissions standards;

(53) "OBDII" means the on-board diagnostics system (phase II) required under 40 C.F.R. 51.352 to be inspected in 1996 and newer model year light-duty vehicles and light-duty trucks;

(54) "overt performance review" means an investigation conducted by the department, the department's contractor, an implementing agency, or an implementing agency's contractor to evaluate the performance of a certified mechanic or station during which the mechanic or the station owner is told about the investigation;

(55) "pattern failure" means a failure of an I/M test by a class of vehicles that is due to certain design characteristics that cause repeated failures of the I/M test and is recognized by the EPA;

(56) "prescreening" means to visually or otherwise inspect a vehicle before an I/M test without recording the results of the inspection or submitting those results to the implementing agency;

(57) "principally located or operated" means to use, locate, or operate a vehicle, including a leased vehicle, regardless of the place where the vehicle is registered, within an I/M area for more than 30 days during an inspection cycle;

(58) "program administrator" means the person in charge of the department's I/M office;

(59) "program manual" means the department publication entitled Alaska I/M Program Manual, adopted by reference in 18 AAC 52.005;

(60) "repair cost minimum" means the minimum required expenditure to complete necessary emissions-related repairs to a motor vehicle as required by 18 AAC 52.065 for each inspection cycle;

(61) "repair necessary to correct safety problems" means a repair

(A) that is required to correct a safety-related defect, such as a fuel system leak, and that, until completed, prevents a vehicle from being safely inspected; or

(B) that, under 18 AAC 52.530(d) , requires rejection of a vehicle for testing;

(62) "residential address" means,

(A) for a noncommercial vehicle that is owned or leased by a motorist, the address, legal description, or physical description of the motorist's principal place of residence; for purposes of this subparagraph,

(i) "principal place of residence" means the place where the motorist is registered to vote, usually resides, resides the majority of the time, or returns to after periods of temporary absence;

(ii) if the vehicle is jointly owned or leased by motorists or persons having different residential addresses or different principal places of residence, the residential address to be applied to the vehicle is that one residential address that best identifies where the vehicle is principally located or operated; or

(B) for a commercial vehicle that is owned or leased by a motorist in conjunction with a business, the address where the business to which the vehicle is registered is principally located or operated;

(63) "resides in an I/M area" means has a residential address in an I/M area;

(64) "steady-state" means a type of loaded mode emissions test cycle in which the vehicle engine is subjected to a constant dynamometer load;

(65) "stoichiometric" means, as applied to a motor vehicle, the air-to-fuel ratio in a vehicle that is necessary to achieve complete fuel combustion; in a motor vehicle, if calculated by the weight of air and fuel, the air-to-fuel ratio should be approximately 14.7:1 (that is, 14.7 pounds of air to one pound of fuel for gasoline that contains neither alcohol nor oxygenate);

(66) "tampering" means

(A) using leaded gasoline in a vehicle originally equipped with a catalytic converter;

(B) failing to maintain a vehicle's emissions control system or emissions-related part according to the manufacturer's specifications, including the failure to maintain a part, the malfunction of which causes an emissions-related part to fail; or

(C) removing, bypassing, defeating, disconnecting, rendering inoperative, or modifying any emissions control system or emissions-related part

(i) repealed 2/18/2006;

(ii) if the removal, disconnection, or modification of the system or part has not been specifically authorized by either a manufacturer's service bulletin, the program administrator, the local I/M administrator, the EPA, or the CARB; or

(iii) that causes the vehicle to differ from its EPA-certified configuration;

(67) "transient loaded mode" means a type of loaded mode emissions test cycle in which a vehicle engine is subjected to a varying dynamometer load;

(68) "unauthorized or illegal modification" means

(A) tampering;

(B) the use of an aftermarket emissions-related part that is not functionally identical to the original equipment part being replaced; or

(C) the use of any added part or system unless that part or system has been specifically approved for use by the EPA, the CARB, the program administrator, or the local I/M administrator;

(69) "vehicle type" means the class or category of vehicle, based on gross vehicle weight, or type of fuel used;

(70) "VIR" or "vehicle inspection report" means the computer-generated results of an I/M test that is given to each motorist whose vehicle is tested under this chapter;

(71) "waiver" means a conditional exemption to one or more of the requirements of this chapter;

(72) "waiver rate" means the rate determined by comparing the annual number of vehicles that received repair cost minimum waivers with the annual number of vehicles that failed an initial I/M test;

(73) "windshield sticker" or "sticker" means the certificate of inspection that is affixed to a vehicle's windshield by the certified mechanic upon passage of the I/M test or the visual identification of a program waiver, new vehicle, or exemption from the requirements of this chapter;

(74) "light-duty" means a vehicle with a gross vehicle weight of 8,500 pounds or less;

(75) "MIL" means a malfunction indicator lamp located on the instrument panel of a vehicle that illuminates if a diagnostic trouble code (DTC) in the memory of an OBDII system is set as a result of an emission related component or monitor failure;

(76) "certificate holder" means a clear plastic device

(A) for the purpose of displaying a seasonal waiver issued under 18 AAC 52.060 through the windshield of a show, classic, or collector vehicle; and

(B) that is issued and certified by the implementing agency and identified with a serial number;

(77) "show, classic, or collector vehicle" means a vehicle that

(A) has been issued a seasonal waiver under 18 AAC 52.060;

(B) is not driven more than 2,500 miles per calendar year;

(C) is 25 or more years old;

(D) because of limited production or exceptionally fine workmanship is a rarity or of historic interest; and

(E) has been restored, maintained, or preserved;

(78) "new vehicle" means a vehicle

(A) that is a model year 2004 or newer; and

(B) with a model year number that is no lower than the number of the current calendar year minus four.

History: Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 12/30/2000, Register 156; am 3/27/2002, Register 161; am 2/18/2006, Register 177

Authority: AS 46.03.010

AS 46.03.020

AS 46.14.030

AS 46.14.510

Editor's note: Lists of approved parts and systems referred to in this section's definition of "unauthorized or illegal modification" may be found in the State Air Quality Plan, Volume III, adopted by reference in 18 AAC 50.030 and at Part V of the program manual adopted by reference in 18 AAC 52.005. Both the air quality plan and the program manual may be reviewed at or obtained from the implementing agency or the department's Anchorage, Fairbanks, or Juneau offices.