NAC445B.602. Voluntary program of electronic monitoring of emission information: Creation; eligibility; grounds for terminating participation in voluntary program.

     1. The voluntary program of electronic monitoring of emission information is hereby established pursuant to NRS 445B.767.

     2. The owner or lessee of a fleet of three or more vehicles located in a county whose population is 100,000 or more is eligible to participate in the voluntary program if:

     (a) Each of the vehicles which participates in the voluntary program is equipped with onboard diagnostic equipment that monitors information relating to the emissions of the vehicles;

     (b) The owner or lessee enters into a written agreement with the Department to submit to the Department continuous emission compliance data in a format prescribed by the Department from the onboard diagnostic equipment of the vehicles in the fleet using a data management system obtained from an authorized vendor as described in NAC 445B.603; and

     (c) The owner or lessee complies with any other requirements established by the Department.

     3. The owner or lessee of a fleet which participates in the voluntary program may not apply for a waiver of standards for emissions pursuant to NAC 445B.590 for any vehicle of the fleet which participates in the voluntary program.

     4. The owner or lessee of a fleet which participates in the voluntary program is not required to have the vehicles of that fleet or the systems for the control of emissions of the vehicles of that fleet inspected or tested pursuant to NAC 445B.574 to 445B.603, inclusive, and shall be deemed to have complied with the requirements of those provisions if the owner or lessee remains in compliance with the requirements of subsection 2 and any other requirements of the Department for participation in the voluntary program.

     5. Participation in the voluntary program may be terminated if:

     (a) The owner or lessee of a fleet of vehicles which participates in the voluntary program is found to be out of compliance with the requirements of this section or the agreement entered into with the Department pursuant to subsection 2;

     (b) Evidence indicates that the onboard diagnostic equipment of a vehicle that is part of a fleet which participates in the voluntary program has been manipulated or tampered with to allow the submission to the Department of erroneous or fraudulent information;

     (c) The owner or lessee of a fleet of vehicles which participates in the voluntary program fails to present to the Department a vehicle of the fleet for inspection upon request by the Department for verification of the emission data for the vehicle that has been transmitted to the Department;

     (d) The owner or lessee of a fleet of vehicles which participates in the voluntary program fails to inform the Department when a vehicle is no longer part of the fleet which participates in the program;

     (e) The owner or lessee of a fleet of vehicles which participates in the voluntary program fails to correct any problem with the transmission of data to the Department from a vehicle of the fleet; or

     (f) Inaccurate or incomplete information is transmitted to the Department from a vehicle that is part of a fleet which participates in the voluntary program.

     (Added to NAC by Environmental Comm’n by R052-12, eff. 4-5-2013)