PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XVI. PUBLIC HEALTH

CHAPTER 111. PUBLIC HEALTH

NUISANCES

Chapter 111: Section 142M. Motor vehicle emissions inspection and
repair; definitions; rules and regulations; inspection facilities;
waivers; quality assurance program; violations 

Section 142M. (a) As used in this section, the following words shall
have the following meanings unless the context clearly requires
otherwise: 

“Commissioner”, the commissioner of environmental protection. 

“Department”, the department of environmental protection. 

“Dynamometer”, a device which applies a load to a vehicle’s drive
wheels while operating in a stationary, secure position to simulate
actual driving conditions for an emissions inspection. 

“Electronic network”, or “network”, a computerized communication
system including, but not limited to, the computers, communications
devices and software for such system which links emissions analyzers,
the department’s emissions database, and the registry of motor
vehicles’ registration database and which allows the department and
the registry to store and analyze data on motor vehicle emissions
inspections, motor vehicles and emissions inspectors. 

“Emissions analyzer”, a device which measures the volume of air
pollutants and gases in motor vehicle exhaust. 

“Emissions inspection”, a component of the periodic staggered
inspection of motor vehicles required by section 7A of chapter 90
including, but not limited to, the inspection of a motor vehicle’s
emissions control equipment, including its computer system relating to
emissions, the measurement of air pollutant concentrations or mass in
vehicle exhaust with an analyzer while the vehicle is operated on a
dynamometer, the verification of vehicle fuel system integrity and the
entry of a complete emissions inspection record in the registry’s
database for the vehicle being inspected, as prescribed by the
department in regulations and performed by an emissions inspector. 

“Emissions inspection certificate” or “inspection certificate”,
a printed statement, instrument or device in a form prescribed by the
registrar, in consultation with the commissioner, which provides
inspection information and facilitates effective enforcement of the
emissions inspection and maintenance requirements of this section and
chapter 90. 

“Emissions inspection facility”, a facility, licensed by the
registrar under section 7W of chapter 90 for conducting motor vehicle
emissions inspections and other related duties. 

“Emissions inspector”, a properly trained person, licensed by the
registrar and certified by the department and meeting the department’s
requirements for performing motor vehicle emissions inspections. 

“Emissions repair technician”, a person registered with the
department and meeting departmental training standards for diagnosing
and repairing motor vehicles which fail an emissions inspection. 

“Emissions inspection and maintenance program” or “I&M program”,
a component of the periodic staggered motor vehicle inspection required
by section 7A of chapter 90 which shall include motor vehicle emissions
inspections, including accurate and effective testing of vehicles, using
emission testing equipment, visual and functional tests of evaporative
systems, rigorous compliance and enforcement activities and quality
assurance and quality control procedures which promotes effective
emissions repair and maintenance of the motor vehicle. 

“Evaporative emissions test”, a test administered to determine
whether there are leaks in a vehicle’s fuel or evaporative control
system, such as purge functions of a vapor canister. 

“Emissions waiver certificate”, a written statement, instrument or
device indicating that the requirement of compliance with the emissions
standards and criteria for the emissions component of the motor vehicle
inspection program has been waived for a particular motor vehicle. 

“On-road test”, a field test designed and conducted to assess the
emissions of motor vehicles. 

“Registrar”, the registrar of motor vehicles. 

“Registry”, the registry of motor vehicles. 

“Tampering”, (i) the act of removing or rendering inoperative any
device or element of design installed on or in a motor vehicle or motor
vehicle engine in compliance with regulations under section 203(a) of
the federal Clean Air Act prior to its sale and delivery to the ultimate
purchaser; or (ii) for any manufacturer or dealer knowingly to remove or
render inoperative any such device or element of design after such sale
and delivery to the ultimate purchaser. 

“Vehicle identification number” or “VIN”, the unique number
assigned to each vehicle by the vehicle manufacturer identifying
specific vehicle characteristics, such as make, model, model year,
pollution control devices and the particular vehicle itself. 

(b) Pursuant to this section, the department shall develop the
standards, requirements and rules and regulations for the emissions
component of the periodic staggered inspection program established
pursuant to section 7A of chapter 90. It shall be the responsibility of
the department, under authority of this chapter, to provide the direct
primary oversight of the operational and environmental aspects of the
emissions component of the inspection program. Nothing in this section
shall be construed to require the leasing or purchasing of a
dynamometer, an emissions analyzer or any necessary computer hardware or
software by an emissions inspection facility from the network
contractor; provided, however, the network contractor shall provide
access to the data acquisition and management network to any emissions
inspection facility who purchases or leases a dynamometer, emissions
analyzer or necessary computer hardware or software through sources
other than the network contractor so long as such equipment complies
with testing equipment specifications as established by the commissioner
in consultation with the registrar. Any requests for proposals for
contracting with a network contractor shall require that the
commissioner, in consultation with the registrar, shall have oversight
over the charge assessed by the network contractor for access to the
data acquisition and management network to emissions inspection
facilities who purchased equipment through sources other than the
network contractor; provided, however, that notwithstanding the
provisions of this section, the commissioner and the registrar may
require emissions inspection facilities to obtain, lease or purchase
such equipment from the network contractor upon the determination that
allowing emissions inspection facilities to lease or purchase such
equipment through sources other than the network contractor would result
in an increase in the inspection fee. Said determination shall be made
by the commissioner and registrar, in consultation with the secretary of
administration and finance, only upon a finding that no feasible option
exists by which emissions inspection facilities may obtain such
equipment through sources other than the network contractor without
increasing the inspection fee. The amount of said fee for said
inspection shall be uniform statewide. It shall be the responsibility of
the registrar, under authority of chapter 90, to license inspection
facilities and inspectors and to register vehicles complying with the
inspection program requirements and to conduct audit and enforcement
activities related thereto. The department, on behalf of the
commonwealth, shall be responsible for submitting all appropriate and
required program regulations on the motor vehicle emissions component of
the inspection and maintenance program and applicable revisions to the
state implementation plan to the United States Environmental Protection
Agency, in accordance with the requirements of the federal Clean Air
Act. The department, in conjunction with the registry, may develop and
implement a demonstration or pilot of the motor vehicle emissions
inspection program or elements of such program to evaluate the
effectiveness of such program, or elements of such program, in
successfully reducing air contaminants emitted by motor vehicles in the
commonwealth as required by federal law. 

The emissions component of the inspection program shall be required
statewide, shall be conducted on a staggered basis throughout the year
and shall be required of each subject motor vehicle at least every two
years unless otherwise exempted or specified by the department. The
commissioner shall establish rules and regulations specifying which
motor vehicles shall be subject to the motor vehicles emissions
component of the inspection program. 

The commissioner shall establish rules and regulations establishing
standards and criteria for motor vehicle emissions inspections, giving
consideration to the United States Environmental Protection Agency’s
performance standards for the enhanced emissions inspection and
maintenance program and the level of emission reductions necessary to
achieve and maintain federal and state ambient air quality standards.
Such standards and criteria shall include, but not be limited to, a
requirement to test motor vehicle emissions for hydrocarbons, carbon
monoxide and oxides of nitrogen. The standards and criteria may be
different for different model years and types of vehicles. 

The commissioner, in consultation with the registrar, shall establish
rules and regulations relative to testing equipment specifications,
including emissions analyzers, quality assurance and quality control
procedures for testing equipment, calibration gases, failure rates,
emission standards, testing procedures, data collection and data
analysis, and program evaluation. 

The registrar, in consultation with the commissioner, shall determine
the number and location of inspection facilities necessary for the
success of the emissions component of the inspection program while
considering consumer convenience and cost and achieving an equitable
distribution across the commonwealth. Said registrar shall report to the
joint committee on public safety and the house and senate committees on
ways and means the actual number and location of inspection facilities
on or before July 1, 1998. The commissioner may establish criteria and a
process to select qualified applicants who shall be authorized to
participate in the emissions component of the inspection program. In no
event shall the use of state-owned or municipal-owned property as a site
for an inspection facility or a test center relieve the owner or
operator of the inspection facility from paying to the municipality an
amount equal to the local property taxes due if such property was not
state-owned or municipal-owned. 

The department and the registry, in implementing the requirements of
this section, shall acquire personnel, purchase equipment and procure
services necessary to achieve the objectives hereunder including, but
not limited to, the following: (i) inspection of motor vehicles; (ii)
data acquisition and data management; (iii) quality control and quality
assurance; (iv) on-road testing; (v) program evaluation; (vi) public
communications; (vii) research and development; and (viii) any other
purposes related to the development and implementation of the motor
vehicle emissions component of the inspection program. 

The technical and performance specifications of any equipment determined
by the department to be necessary and required in the implementation of
the provisions of this section, shall be reevaluated periodically as to
its useful life, flexibility and applicability as to changing
technological conditions and continued effectiveness in the emissions
inspection and maintenance program. 

The department and the registry shall contract with a private entity
demonstrating an ability to manage emissions programs, hereinafter
referred to as the network contractor, to develop and manage the network
and inspection facilities of said motor vehicle inspection program. The
department and the registry shall, as a term and condition of such
contract, require the network contractor to: (i) acquire and distribute
inspection facility equipment; and (ii) acquire such equipment and the
associated maintenance services from one or more suppliers at discount
prices through volume purchasing. Such contract shall also include
performance standards which shall pertain to the motor vehicle
inspection program goals as set forth in the commonwealth’s state
implementation plan. Such contract shall also require the network
contractor to establish at least five test centers to be evenly
distributed across the commonwealth for research, training, repair
assistance and for any other purposes related to the implementation and
success of the emissions component of the inspection program. The
network contractor shall be responsible for achieving such goals as set
forth in regulations, policies and contract terms established by the
department and registry. Such contract shall require an extensive public
education and awareness program prior to the implementation of the motor
vehicle inspection program. Such public education program shall include,
but not be limited to, establishing and maintaining a comprehensive
consumer outreach campaign concerning air quality, sources of
pollutants, relevant aspects of automobile maintenance and other topics
related to the motor vehicle inspection requirements of chapter 90 and
this chapter. Such consumer outreach campaign shall include a consumer
hotline to receive motorists’ complaints and to answer questions
regarding the inspection procedures, repair information and other
related inspection issues. 

(c) The commissioner shall establish rules and regulations implementing
the motor vehicle emissions component of the inspection program required
by section 7A of chapter 90. Such rules and regulations may reflect a
phased-in schedule for the motor vehicles subject to the emissions
component of the inspection program; provided, however, that such
phase-in shall not begin prior to July 1, 1998. The department may
continue to implement the motor vehicle emissions inspection program
established pursuant to section 142J of chapter 111 while phasing-in the
new requirements of this section. 

The department shall notify the registrar as to which motor vehicles
shall be subject to the motor vehicle emissions component of the
inspection program. Said registrar shall give reasonable notification in
the form prescribed by said registrar, to the owners of motor vehicles
subject to the emissions inspection indicating which emissions
inspection procedures shall be required. The registrar shall not issue a
registration or, if such registration has already been issued, shall
suspend or not renew the registration of any motor vehicle which does
not comply with the provisions of this section or any regulation
promulgated hereunder. 

The commissioner may establish regulations for exempting certain motor
vehicles from some or all of the requirements of this section. The
following motor vehicles may be exempt from the provisions of this
section and may require alternative test procedures: (i) any motor
vehicle the model year of which is 15 years before the year in which the
inspection occurs; (ii) any motor vehicle or class of motor vehicle that
is exempted by regulation or policy by the department because the
vehicle or class presents a prohibitive inspection problem or is
inappropriate for inspection; (iii) any motor vehicle operated
exclusively by electric power; and (iv) for one inspection cycle only,
any motor vehicle two model years old or less at the time the vehicle is
due for inspection. 

The commissioner and the registrar shall establish procedures under
which fleet operators of fleets of 12 or more vehicles that are
centrally fueled and maintained may be authorized under such program to
conduct inspections and maintenance activities regarding such vehicles,
subject to such audit, review and enforcement under this section as the
commissioner and registrar deem appropriate. 

The motorist presenting a motor vehicle for an emissions inspection
shall pay a fee to the inspection facility pursuant to section 7A of
chapter 90. 

The registrar shall establish certification, training and continuing
education requirements for the safety component of the inspection
program. The commissioner shall establish certification, training and
continuing education requirements for the emissions component of the
inspection program. Such requirements shall be a precondition to the
issuance of a license to conduct motor vehicle inspections issued by the
registrar. Any person conducting an official motor vehicle inspection
without having received such license and certification shall be subject
to the penalties set forth in subsection (f). 

The commissioner shall take steps to ensure that the capability exists
in the repair industry to repair motor vehicles which fail the emissions
component of the inspections required herein. Such steps shall include,
but not be limited to, training and continuing education for emissions
repair technicians and the involvement of vocational or technical
schools and various members and sectors of the automobile and automotive
repair industry. The commissioner shall establish procedures to register
emissions repair technicians and to conduct a performance monitoring
program of repair technicians, emissions inspection facilities and
emissions inspectors. Such performance monitoring may include, but not
be limited to, collection and evaluation of data on repairs. The
provision of this paragraph shall not prevent any person not so
registered from performing emissions repairs. 

The department and the registry may conduct on-road testing of motor
vehicles, including trucks and buses, for research, development,
inspection or enforcement purposes. On-road testing may include
identification of motor vehicles which would pass the emissions
inspection and motor vehicles which would fail the emissions inspection.
The on-road testing program may include, but shall not be limited to:
(i) the use of portable or remote sensing equipment to measure
pollutants of a moving motor vehicle; (ii) evaluation of the use of such
equipment, alone or with other analytical information, equipment or
techniques, as a supplement or alternative to, replacement of or
enforcement of the emissions inspection; and (iii) the establishment of
test centers to research and evaluate the accuracy and effectiveness of
various emissions testing and enforcement methods. 

The department and the registry shall create or enter into contracts to
create an electronic network linking the department, emissions
inspection equipment, the registry and any contractor to the department.
Such electronic network shall facilitate implementation, evaluation and
enforcement of the emissions inspection and maintenance program by the
department and the registry. 

The registrar shall establish protocols for communication on the
electronic network. At its discretion, the registrar may grant emissions
inspection equipment, inspection facilities and inspectors access to the
electronic network. The commissioner and the registrar shall require
emissions inspection equipment to communicate with the commissioner
through the electronic network. The registrar, in consultation with the
commissioner shall establish procedures and requirements for connecting
and disconnecting emissions inspection equipment and inspection
facilities and for granting emissions inspectors access to the
electronic network. 

The commissioner, in consultation with the registrar, may adopt rules
and regulations to implement an emissions inspection and maintenance
program for diesel-fueled motor vehicles. 

The commissioner, in consultation with the registrar, shall promulgate
rules and regulations to establish a program for the issuance of
emissions waiver certificates; provided, however, that such rules and
regulations shall include eligibility standards and criteria, a
procedure whereby motorists may petition for emissions waiver
certificates and a notification process to inform motorists of the
emissions waiver certificate program and the emissions waiver
certificate petition process. Such eligibility standards and criteria
shall include, but not be limited to, provisions for the issuance of
emissions waiver certificates to any owner of a motor vehicle who
displays satisfactory proof that such motor vehicle has undergone
emissions-related repairs at a cost that exceeds a maximum cost
threshold to be determined by the commissioner and the registrar. The
commissioner shall report on the emissions waiver certificate program to
the joint committees on public safety and the house and senate
committees on ways and means on or before July 1, 1998. 

(d) The commissioner and the registrar shall establish programs for
public information and consumer protection. The commissioner shall
establish procedures and requirements for the network contractor to
ensure maximum convenience to the motorist. 

Each emissions inspection facility shall distribute information to
inform the public about the requirements, benefits and other
consumer-related matters of the emissions inspection and maintenance
program and any other information useful to the better understanding and
facilitation of the emissions inspection to the consumer as directed by
the commissioner. 

Each inspection facility, while performing the emissions inspection,
shall be capable of providing consumer protection by generating data on
warranty-related recalls in a form and manner prescribed by the
commissioner and any other related information deemed necessary by the
commissioner. In addition, the commissioner shall establish procedures
to advise motorists whose vehicles are subject to either a voluntary
emissions recall or remedial action plan, as defined in and pursuant to
section 207 of the federal Clean Air Act, to obtain the appropriate
repairs. 

(e) The commissioner, in consultation with the registrar, shall develop,
establish and implement a quality control program to ensure the accuracy
and integrity of the emissions component of the inspection program. Such
quality control program may include, but not be limited to, procedures
for: (i) calibrating, operating and maintaining emissions inspection
equipment; (ii) documenting the results from the performance of such
calibration, operation and maintenance; and (iii) transmitting such
documentation to the department. 

The registrar, in consultation with the commissioner, shall develop,
establish and implement an on-going quality assurance program to
discover and prevent fraud, waste and abuse in the emissions component
of the inspection program. The quality assurance program shall include,
but not be limited to, overt and covert audits of emissions inspection
facilities and emissions inspectors, audits of data from emissions
inspection facilities, examination of emissions inspection equipment,
evaluation of quality control records and procedures and audits of
consumer complaints and responses to such complaints. 

(f) The commissioner and the registrar or their designees shall have the
authority to enforce any provision of this section and may establish
rules and regulations pursuant to such authority. Such enforcement
authority shall permit officers or agents of the department or the
registry to enter the premises of any motor vehicle inspection facility
or any contractor to protect the public health and the environment,
implement the quality control and quality assurance requirements of this
section and for any other reasonable purpose related to implementation
and enforcement of the motor vehicle inspection and maintenance program
as determined by the commissioner and the registrar. 

The registrar shall establish rules and regulations prohibiting any
person from issuing an inspection certificate for a motor vehicle that
has not been inspected in accordance with, or is not in compliance with,
the standards and criteria for motor vehicle inspections as required in
this section. The registrar also shall establish rules and regulations
prohibiting any person from failing to issue a certificate for a motor
vehicle that has been inspected in accordance with, and in compliance
with, the standards and criteria for motor vehicle inspections required
in this section if such motor vehicle meets the applicable standards and
criteria. No person shall alter, falsify or counterfeit an emissions
inspection certificate. 

The registrar may deny access to the electronic network to any
inspection facility or emissions inspector that said registrar has
reason to believe is not performing inspections in compliance with the
registry’s rules and regulations adopted pursuant to this section or
under the authority of chapter 90. 

Tampering with any emissions control device or system is hereby
prohibited. No person shall take any action that has the effect of
causing a motor vehicle to no longer comply with federal law or with the
applicable standards and criteria for the motor vehicle emissions
inspection and maintenance program or with requirements for motor
vehicle registration. Nothing in this section shall be construed to
prevent the temporary alteration of equipment for motor vehicle repair
or for the quality assurance program established pursuant to subsection
(e). 

The commissioner and the registrar shall have the authority to order any
person, inspection facility or contractor to stop or abate a violation
of any rule or regulation adopted pursuant to this section or chapter
90. 

Any person who violates any of the provisions of the second or fourth
paragraph of this subsection and any person or facility licensed or
required to be licensed pursuant to section 7W of chapter 90 who
violates any requirement or regulation adopted pursuant to this section
or any certificate or order issued thereunder shall: (i) be punished for
each violation by a fine of not more than $25,000 or by imprisonment for
not more than one year, or both such fine and imprisonment; or (ii) be
subject to a civil penalty of not more than $25,000 for each such
violation. Each day or part thereof that such violation occurs or
continues shall be deemed a separate violation. The civil penalty may be
assessed in an action brought on behalf of the commonwealth in the
superior court. The commonwealth also may bring an action for injunctive
relief in the superior court for any such violation, and the superior
court shall have jurisdiction to enjoin such violation and to grant such
further relief as it may deem appropriate. 

Appendix 2: MA Statutory Authority for IM Program and the MA IM
Regulations

MA SIP Revision, 310 CMR 60.02, the Massachusetts Motor Vehicle
Emissions Inspection and Maintenance Program.  Documentation of IM SIP
Revision consistent with 42 USC Section 7511a and Section 182 (c)(3)(A)
of the Clean Air Act

