You asked (1) whether it is Agbar’s obligation under the emissions inspection contract to inform each motorist receiving a test about the minimum cost for repairs necessary to qualify for a compliance waiver, and if so, (2) how is this notice given.

Environmental Protection Agency regulations (40 CFR § 51. 360) establish provisions for states to issue waivers for vehicles that fail an emissions test and whose owners spend a specified amount of money to meet the emission standards without success. For states such as Connecticut that must have enhanced emision inspection programs, the regulations require that a motorist spend at least $ 450, adjusted annually for inflation, in repairs to qualify for a waiver. This excludes any costs associated with restoring equipment that has been tampered with, for example if the catalytic converter was removed. The regulations took effect in 1989. Since then, inflation, as measured by the Consumer Price Index, has increased by 47%. As a result, the minimum repair amount for 2004 is $ 660.

Under its contract with the state, Agbar is not required to inform drivers of the waiver provisions, including the minimum expenditure requirement, in any explicit way. But, the owner of a failed vehicle is informed of the minimum repair amount in three ways. First, the contract requires the participating inspection station to give the owner a failed vehicle report, and in practice this report contains information about the repair requirements. Second, Agbar requires stations to post signs regarding these requirements. Third, stations are also directed to have available brochures explaining the requirements. In addition, information on these provisions is available on the program Website, http: //www. ctemissions. com/faqs-failuresretest. html.

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