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certification specified in 40 Code of Federal Regulations, Part 60, | Appendix A, Method 9. |
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| | 4. Standards and procedures. The Commissioner Board of | Environmental Protection shall adopt rules, which are routine | technical rules pursuant to Title 5, chapter 375, subchapter II- | A, that establish standards and procedures to implement continue | the program. The standards and procedures These rules must | include the following: |
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| A. Emission opacity standards for diesel-powered motor | vehicles that are consistent with emission opacity standards | for diesel-powered motor vehicles recommended by an | interstate association of air quality control divisions in | the northeast states; |
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| B. Standards and procedures, including testing methods and | standards for test equipment, for safe and effective | roadside testing of diesel-powered motor vehicles that | operate on public ways of the State for the purpose of | enforcing compliance with emission opacity standards; |
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| C. Standards and procedures for the administration and | enforcement of the program. The rules may establish | reciprocity agreements with other states that recognize | enforcement actions related to diesel-powered motor vehicle | testing programs in other states; and |
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| D. Repair requirements and standards and procedures for | certification of repairs. |
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| | 5. Educational program. A person who causes operation of a | diesel-powered motor vehicle that does not comply with the | program's emission opacity standards must be given educational | materials by the Department of Environmental Protection regarding | the environmental and other benefits of a vehicle that is in | compliance with the standards set forth in subsection 4. |
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| | 6. Implementation. The Department of Environmental | Protection shall implement the program no later than 7 days | following the effective date of this section. An operator of a | diesel-powered motor vehicle that does not comply with the | program's emission opacity standards is not subject to penalties. |
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| | 7.__Definition.__As used in this section, "opacity" means the | degree of light-obscuring capability of emissions of visible air | contaminants expressed as a percentage.__Complete obscuration | must be expressed as 100% opacity. |
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