Description of proposal:

The proposed amendments are being made to conform to state law for the testing of emissions, including remote sensing, from motor vehicles located or primarily operated in Northern Virginia. Section 46.2-1176-1187.3 of the Virginia Air Pollution Control Law (Title 46.2, Chapter 10 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations for the control of motor vehicle emissions and for emissions testing including remote sensing. Specifically, the 2012 amendments to § 46.2-1178 C require the establishment by regulation of a phase-in of on-road testing requirements according to the following schedule: 10% of eligible vehicles subject toinspection requirements between July 1, 2012, and before July 1, 2013, 20% between July 1, 2013, and before July 1, 2014, and 30% after July 1, 2014.

The major provisions of the proposal are summarized below:

Include definitions that address the requirement for a clean screen program including terms such as: "Clean screen vehicle," "Clean screen notification," Clean screen vehicle standard," "High emitter values," "Motor vehicle emissions," "On-road clean screen program," "On-road emissions inspector," "On-road emissions measurement," "On-road high emitter emissions standard" and "Specific engine family".

Modify definitions as necessary to incorporate the clean screen program into the existing emissions inspection program including: "Confirmation test,""Emissions inspector," "Enhanced emissions inspection program," "Inspection area," Inspection fee," and "Remote sensing".

Provide clarity to distinguish between the high emitter program and the clean screen program and the vehicle emission standards for both. Add language that allows the criteria for clean screen vehicle selection and standards to be adjusted to comply with federal program requirements.

Provide language to integrate the clean screen program into the registration requirements of the enhanced emissions inspection program to ensure compliance with any necessary provisions of the existing inspection program.

Add provisions to address the legislative mandate to implement the clean screen program according to the statutory schedule of no more than 10% starting January 2012; no more than 20% starting January 2013; and no more than 30% starting January 2014, and ensure the program is compatible with the timing of the vehicle registration renewal notice from DMV. This also includes provisions so that owners may utilize the clean screen notification as proof of emissions inspection for vehicle registration purposes and language to ensure the contractor identifying clean screen vehicles may charge a fee for such notification that is comparable to the fee currently charged at service stations conducting emissions inspections.

Provide language in the alternate language of 9VAC5-91-185, option B, necessary to allow for an on-road clean screen program utilizing remote onboard diagnostics.