STATE OF NEW HAMPSHIRE 

Motor Vehicle Inspection and Maintenance 

State Implementation Plan Revision 

Prepared by: 

The New Hampshire Department of Environmental Services 

Concord, N H 

November 1, 2011 

Environmental 

- Services 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire De partments of Safety and Environmental Services November 1. 2011 

State Implementation Plan Revision 

Table of Contents 

List of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 

List of Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 

Glossary of Terms and Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

Executive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 

1. Applicability (40 CFR § 51.350). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 

2. Enhanced I/M Standard (40 CFR § 51.351) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 

3. Network Type and Program Evaluation (40 CFR § 51.353). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 

4. Adequate Tools and Resources (40 CFR § 51.354) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 

5. Test Frequency and Convenience (40 CFR § 51.355) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 

6. Vehicle Coverage (40 CFR § 51.356) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 

7. Test Procedure and Standards (40 CFR § 51.357) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 

8. Test Equipment (40 CFR § 51.358). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 

9. Quality Control (40 CFR § 51.359) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 

10. Waivers and Compliance via Diagnostic Inspection (40 CFR § 51.360). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 

11. Motorist Compliance Enforcement (40 CFR § 51.361) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 

12. Motorist Compliance Enforcement Program Oversight (40 CFR § 51.362) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 

13. Quality Assurance (40 CFR § 51.363) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 

14. Enforcement against Contractors, Stations and Inspectors (40 CFR § 51.364) . . . . . . . . . . . . . . . . . . . . . . . . . 20 

15. Data Collection (40 CFR § 51.365). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 

16. Data Analysis and Reporting (40 CFR § 51.366) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 

17. Inspector Training and Certification (40 CFR § 51.367) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 

18. Public Information and Consumer Protection (40 CFR § 51.368) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 

19. Improving Repair Effectiveness (40 CFR § 51.369) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 

20. Compliance with Recall Notices (40 CFR § 51 .370) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 

21. On-Road Testing (40 CFR § 51.371) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November 1, 2011 

LIST OF TABLES 

Table 1- Comparison of Composite VOC, NO. and CO Emission Factors in New Hampshire's 8-Hour 

Ozone Non-Attainment Area 

Table 2 - Estimated Air Quality Benefit of New Hampshire's I/M Program 

List of Attachments 

I New Hampshire I/M Program Background 

II New Hampshire Revised 1/M Agreement Points 

III Applicable New Hampshire Legislation 

IV Applicable New Hampshire Revised Statutes Annotated 

V Applicable New Hampshire Administrative Rules 

VI Applicable New Hampshire I/M Program Implementation Documentation 

VII Applicable MOBILE6.2 Files - Input & Output Files 

VIII Quality Assurance Programming Documentation 

IX List of New Hampshire OBD Inspection Stations 

X Comments Received and DES Responses Regarding Draft SIP Posting 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire De partments of Safety and Environmental Services November 1, 2011 

Glossa ry of Terms and Abbreviations 

" CAA: Clean Air Act 

. CFR: Code of Federal Regulations . 

. DES: The New Hampshire Department of Environmental Services. 

0 

0 

0 

0 

DMV: The New Hampshire Department of Motor Vehicles. 

DOS: The New Hampshire Department of Safety 

Env-A: DES administrative rules related to air . 

EPA: The United States Environmental Protection Agency. 

ESI: Enhanced Safety Inspection 

. GVWR: The gross vehicle weight rating, which is defined and specified by each vehicle 

manufacturer for each vehicle . 

Help Line: The combined manual/automated system operated by the vendor to handle questions 

and troubleshooting from motorists and inspection stations . 

Inspection Agreement: Contract between DMV and the vendor, "for the Establishment and 

Operation of a Decentralized Motor Vehicle Inspection Program for the State of New Hampshire." 

I/M: Inspection and Maintenance. I/M programs are designed to oversee vehicle safety and 

emissions inspections, and assure that needed repairs are properly performed by competent 

licensed technicians . 

" LDG: Light-duty gasoline. 

" LDD: Light-duty diesel . 

" Lbs. : Unit of measurement. Pounds . 

. Make : Vehicle manufacturer . 

. NAAQS: National Ambient Air Quality Standards 

. NHOST: New Hampshire OBD/Safety Test. 

. NHOST System: The overall network (including databases) created for the OBD/Safety Test. 

" NHOST Unit: The test system installed in the individual inspection stations in New Hampshire 

. NO: Nitric oxide or nitrogen monoxide, the principle emitted gas that is measured, and used as a 

surrogate for NOx emissions . 

NOX: Oxides of Nitrogen. 

. OBD: On-Board Diagnostics . 

OBD II : Second generation OBD system, which is an integral part of the computer controls on 1996 

and later model year passenger cars and light trucks. OBD II systems are designed to detect 

deterioration of power train or emission control components that may result in increases in vehicle 

exhaust and evaporative emissions . The current On-Board Diagnostics (OBD) electronic system that 

includes the most up-to-date comprehensive system monitors starting with model year 1996 

vehicles . 

0 OTR: Northeast Ozone Transport Region, which was established in section 184(a) of the CAA. 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November l, 2011 

0 

0 

Project Manager: The vendor staff member responsible for managing all of our team's activities 

under this project . 

QA: Quality Assurance. 

" RFP: Request For Proposal. This acronym refers to the RFP issued by the State of New Hampshire 

for the On-Board Diagnostics and Safety Inspection Program Management vendor. 

" RSA: Revised Statutes Annotated . The New Hampshire Revised Statutes Annotated (RSA) forms the 

codified law of the state subordinate to the New Hampshire State Constitution . 

" SAF-C: DOS administrative rules. 

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0 

Scan Tool: The electronic device and connector cable used to connect to a vehicle's OBD system to 

perform the official OBD test as part of the vehicle's annual safety inspection. 

SIP: State Implementation Plan. For the purpose of this document, SIP refers to the State of New 

Hampshire's implementation plan for the vehicle I/M program. 

" The State : The State of New Hampshire. 

0 Triggers Analysis : Data analysis and mining techniques used in I/M programs to identify potential 

problem inspection stations, technicians and test systems . 

" Vendor: Gordon-Darby, Inc. (as of May 2011) 

" VIN : Vehicle Identification Number. 

0 VOC: Volatile Organic Compounds, used to express hydrocarbon emissions, including aldehydes. 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampsh ire Departments of Safety and Environmental Services November 1, 2011 

Executive Summa[ r 

In 1998, the New Hampshire General Court passed House Bill ("HB") 1513, codified as RSA 266:59-b and 

266:59-c, providing the New Hampshire Department of Safety (DOS) with the authority and resources to 

implement a vehicle inspection and maintenance (I/M) program inclusive of On Board Diagnostics (OBD II) 

testing . Additional legislation was passed in subsequent years in order to streamline implementation . In 

June 2008, the Division of Motor Vehicles (DMV) within DOS revised the motor vehicle inspection rules 

resulting in changes to the state's OBD II inspection program . This revision to New Hampshire's State 

Implementation Plan (SIP) is triggered by the revised inspection rules and is required under federal 

regulations, 42 United States Code section 7511a, section 182(c)(3)(A) of the Clean Air Act Amendments of 

1990. This submittal by the New Hampshire Department of Environmental Services (DES) satisfies this 

requirement. 

New Hampshire's vehicle I/M program was first formalized in 1998, when the State of New Hampshire and 

the U.S . Environmental Protection Agency (EPA) reached an agreement regarding its implementation in the 

form of the document, "Revised I/M Agreement Points" . This agreement enabled New Hampshire to 

develop and implement a decentralized I/M program, offering convenience to the public and reducing cost 

while providing an improved air quality benefit as compared to the federally required Low Enhanced 

Performance Standard . The EPA subsequently approved this agreement in the Federal Register as a SIP 

strengthening measure, which would satisfy New Hampshire's Federal I/M requirements under the Clean 

Air Act. 

The vehicle I/M program, designed to identify vehicles that emit pollutants that exceed or may exceed 

acceptable standards and require such vehicles to get repaired, is an important part of the strategy to 

ensure that New Hampshire is positioned to attain the National Ambient Air Quality Standard (NAAQS) for 

Ozone . The estimated air quality benefit of the New Hampshire program as compared to the federal Low 

Enhanced Performance Standard is an additional reduction of 3 .86 tons of NOx per day and 1.15 tons of 

VOCs per day in the non-attainment area (for an analysis year of 2009) . The emission reductions resulting 

from this program are an integral part of New Hampshire's air quality attainment efforts and important as 

part of a balanced strategy that includes reductions from stationary, area and mobile source sectors . 

The structure of this document follows the framework laid out in 40 CFR 51.351 through 51.371, including a 

description of how New Hampshire is meeting the I/M requirements and the statutory and regulatory 

authority to do so. 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November l, 2011 

Introduction 

The federal Clean Air Act (CAA) require Enhanced vehicle I/M programs in many population centers and 

areas that have a history of high concentrations of ground-level ozone, the chief component of "smog" . 

Section 182(c) of the CAA mandates Enhanced I/M in areas designated as "serious" for ozone nonattainment with a 1980 population of 200,000 or more . Parts of Hillsborough and Rockingham counties in 

New Hampshire, which were referred to as New Hampshire's "Southern Serious Non-Attainment Area" 

under the 1-hour ozone standard, and which are included in the Boston-Lawrence-Salem Consolidated 

Metropolitan Statistical Area ("CMSA"), fall under this criterion . 

Section 184(b) of the CAA outlines I/M requirements for the Northeast Ozone Transport Region ("OTR"). All 

of New Hampshire, eleven other states and the District of Columbia comprise the OTR as established in 

Section 184(a) . Enhanced I/M is mandated in each Metropolitan Statistical Area ("MSA") within the OTR 

with a 1990 population of 100,000 or more, regardless of air quality status. The Portsmouth-DoverRochester MSA (part of Rockingham county and most of Strafford county) and the Manchester MSA (parts 

of Hillsborough and Rockingham counties, and two towns in Merrimack county), each had 1990 populations 

of more than 100,000, and therefore fall under this criterion . 

This document describes the New Hampshire motor vehicle I/M program, which addresses the above 

requirements. The history of New Hampshire's I/M program development can be reviewed in Attachment I . 

In 2001, EPA approved Saf-C 3221 A and Saf-C 5800 (66 FR 2868) as part New Hampshire's SIP . These rules 

required the inspection of certain motor vehicle emissions reduction equipment and added diesel opacity 

inspection procedures as part of the existing vehicle safety inspection program. In June 2008, DOS 

amended Saf-C 3200, the motor vehicle inspection rules, adding Saf-C 3222 ON BOARD DIAGNOSTICS 

SYSTEM to create the State's On-Board Diagnostics (OBD II) inspection program. DOS provided public 

notice and conducted a public hearing for the rulemaking at that time. Due to these rules change, New 

Hampshire is revising the state implementation plan (SIP) for submittal to EPA. 

The existing I/M SIP approved by EPA in January 2001 includes a roadside diesel opacity inspection program 

that remains in effect and unchanged by the revision proposed herein. The DMV rules (part Saf-C 5800) that 

implement the roadside diesel opacity inspection program are included in Attachment V. 

This SIP revision is being submitted in accordance with 40 CFR Part 51 . This document provides the specific 

program elements as well as the supporting statutory and regulatory authority that have been established 

pursuant to requirements of 40 CFR 51 .350 through 51.371. This document outlines the New Hampshire 

I/M program, with each section providing the details on specific elements of the program, followed by 

citations to the statutory and regulatory authority to conduct these specific elements. 

When amending Saf-C 3200, DOS held a public comment period from December 24, 2010 to February 11, 

2011, with a public hearing held on January 28, 2011. EPA Region 1 submitted separate comments on both 

the preliminary draft submitted March 30, 2010, and more recently by letter dated January 27, 2011 on the 

amendment draft open for public comment. Comments were also received from DMV on January 11, 2011. 

This submission addresses all comments provided by EPA and DMV. No comments were received from the 

public . Comments received and DES responses are compiled in Attachment X. 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services _November 1, 2011 

1 . Applicability (40 CFR § 51.350) 

1.1. New Hampshire Program Meeting Federal Requirements 

New Hampshire implements its I/M program statewide . New Hampshire meets its I/M obligations 

through an Enhanced Safety Inspection (ESI) which includes a visual anti-tampering inspection for pre1996 model year vehicles less than 20 years old, a statewide OBD II-Inspection Program for 1996 and 

newer OBD II-compliant light-duty vehicles (i .e., less than 8500 Ibs . GVWR), and a Diesel Opacity Testing 

Program for heavy-duty diesel vehicles (greater than 10,000 Ibs. GVWR) . 

1.2. Applicable Documentation for the New Hampshire I/M Program 

In a letter to EPA dated November 13, 1997, New Hampshire originally proposed an alternative 

approach that is environmentally superior to the implementation of the program prescribed by EPA's 

low-enhanced I/M performance standard. Following negotiations between DES, DOS and EPA, this 

proposal evolved into the "Revised I/M Agreement Points" approved in a letter from Dick Wilson and 

John DeVillars dated January 30, 1998 (Attachment II) . 

The Revised I/M Agreement Points were codified into RSA 266 :59-b and 266 :59-c by HB 1513 

(Attachment III) in June 1998 and the EPA's proposed approval of New Hampshire's alternative 

approach to meeting its Enhanced I/M obligation was published as a "SIP strengthening measure" in 

the Federal Register on December 17, 1998 (63 FR 69589). Final approval occurred in January 2001 . 

The regulations implementing the inspection programs are included in Saf-C 3220 and Saf-C 5800 

(Attachment V) . 

2. Enhanced I/M Standard (40 CFR § 51.351) 

2.1 . New Hampshire Program Meeting Federal Requirements 

Under strict interpretation of Clean Air Act requirements, New Hampshire is required to implement a 

low-Enhanced I/M program in Hillsborough, Rockingham, and Strafford counties. However, per the 

1998 agreement, New Hampshire has committed to implementing a modified OTR low-enhanced I/M 

program state-wide. New Hampshire's motor vehicle I/M program includes an Enhanced Safety 

Inspection (ESI) and a second generation OBD test, collectively referred to throughout this SIP revision 

as the New Hampshire I/M Program. NH's Enhanced Safety Inspection includes the safety related 

inspection components of Chapter Saf-C 3200 and the visual anti-tampering inspection of emissionsrelated components required by Part Saf-C 3220. The New Hampshire I/M Program includes: 

1. an OBD II testing for MY 1996 and newer light-duty gasoline vehicles and for MY 1997 and newer 

light-duty diesel vehicles up to 8500 Ibs GVWR; 

2. an Enhanced Safety Inspection (ESI) (i .e ., safety and anti-tampering inspection) for pre-1996 

vehicles less than 20 years old ; and 

3. a roadside diesel opacity testing program. 

The ESI program, which was first implemented in 1999, and legislatively amended in 2004, applies to all 

vehicles less than 20 model-years old and consists of a visual check for the presence and proper 

connection of the following equipment on vehicles so equipped : 

1. Positive crankcase ventilation (PCV) valve and proper hose configuration ; 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safetv and Environmental Services November 1, 2011 

2. Air injection pump/pulse air systems; 

3 . Gas cap; 

4. Evaporative purge canister; and 

5 . Catalytic converter . 

The roadside diesel opacity program first became effective January 1, 1999 (1998 N .H. Laws 266:59-b) . 

The opacity testing program utilizes the SAE 11667 ("Snap Acceleration") test procedure and applies to 

heavy-duty diesel vehicles (greater than 10,000 Ibs . GVWR) registered either in New Hampshire or 

outside New Hampshire . 

On December 1, 2006, the state began its pass/fail OBD II program for all MY 2002 and newer light-duty 

vehicles up to 8500 Ibs GVWR. On October 1, 2007, all MY 1996 and newer light-duty gasoline (LDG) 

and all MY 1997 to MY 2001 light-duty diesel (LDD) vehicles up to 8500 Ibs GVWR were subject to a 

pass/fail OBD II inspection as well. The year of the engine, as specified by the manufacturer, shall 

determine whether an OBD inspection is required . All OBD inspections are conducted in accordance 

with the requirements of 40 CFR 85.2222 . 

2.2. Applicable Documentation for the New Hampshire I/M Program 

The legal authority for the New Hampshire's I/M Program is included in Attachment IV and contains 

both statutory and regulatory authority for the ESI, OBD II and Diesel Opacity programs. Attachment V 

contains the documents that demonstrate the implementation of these programs in accordance with 

this authority. 

As noted in Section 1 .2, the I/M program provisions were codified into RSA 266:59-b and RSA 266:59-c 

by HB 1513 in June 1998 and EPA published notice to approve New Hampshire's Alternative I/M SIP as 

a "SIP strengthening measure" in December 1998. Final approval occurred in January 2001. 

Subsequent action taken by the New Hampshire General Court has modified implementation and is 

included in Attachment III : 

HB 1293 - 2004 Session (amending RSA 266:59-b) 

HB 513 - 2005 Session (amending RSA 266 :1 and RSA 266:59-b) 

Senate Bill ("SB") 341-2006 Session (amending RSA 21-P:4) 

New Hampshire's vehicle inspection program is administered by DOS pursuant to RSA 266:1 and 

266:59-b . With prime responsibility for air quality issues and policies falling on DES, the two agencies 

work cooperatively to establish the rules to implement the program, conduct outreach and education 

activities, and prepare the annual and biennial reports to the US EPA. 

DOS has adopted administrative regulations that govern the day-to-day administration and operation 

for the programs (Attachment V) and include : 

NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Saf-C 3200 Part Saf-C 3220 Emissions 

Requirements 

NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Saf-C 3200 Part Saf-C 3222 On-Board 

Diagnostic System 

NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Saf-C 5800 Roadside Diesel Opacity Program 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November 1, 2011 

2.3 . Enhanced Safety Inspection Program 

HB 1513 (RSA 266 :59), the enabling legislation for the New Hampshire I/M Program, became effective 

in New Hampshire on June 18, 1998. The legislation called for the implementation of specific 

inspection criteria (1-4 in Section 2.1) starting January 1, 1999. The legislation amended RSA 266 to 

include a new section, RSA 266:59-b, and DOS drafted revisions to the NEW HAMPSHIRE CODE OF 

ADMINISTRATIVE RULES Part Saf-C 3220 to accommodate the additional inspection procedures. These 

rules first went into effect in September 1998 for 1980 and newer vehicles. 

In May 2004, through HB 1293, the NH legislature modified RSA 266:59-b allowing the ESI inspection to 

include a visual check of the evaporative purge canister in lieu of the fuel inlet restrictor. HB 1293 also 

modified RSA 266:59 to only affect those vehicles newer than 20 model years old . 

DOS drafted revisions to the NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Part Saf-C 3220 

("Emission Requirements") to reflect these statutory changes, with the most recent changes going into 

effect in June 2008. 

2.4. Diesel Opacity Program 

HB 1513 also established an on-road diesel opacity testing program beginning January 1, 1999 that uses 

the SAE J1667 test procedure. The legislation amended RSA 266 to include a new section, RSA 266 :59-

c, and DOS drafted rules regarding the test procedures, which are described in detail in the NEW 

HAMPSHIRE CODE OF ADMINISTRATIVE RULES Chapter Saf-C 5800. The rules for the diesel opacity 

program became effective January 1, 1999 . 

2.5 . OBD II Program 

HB 1513 (RSA 266:59-b) also contains language that committed the state to implement an on-board 

diagnostics ("OBD") inspection program for vehicles so equipped . The implementation of the OBD 11 

program received minor modification through HB 513 in the 2005 session and as mentioned, OBD II 

testing began on December 1,2006. DOS drafted revisions to the NH Code of Administrative Rules Part 

Saf-C 3222 ("On-Board Diagnostic System") with the most recent changes going into effect in June 

2008. 

2.6 . Demonstration of Air Quality Benefit of New Hampshire I/M Program 

The following narrative and tables demonstrate the environmental superiority of New Hampshire's 

state-wide I/M Program as compared to the Federal Low-Enhanced performance standard. 

Table 1 shows the composite summer emission factors for both nitrogen oxides (NOx) and volatile 

organic compounds (VOC) and composite winter emission factors for carbon monoxide (CO) for both a 

low-enhanced program and for New Hampshire's I/M program. The New Hampshire I/M Program 

reduces the gram per mile emissions rate of nitrogen oxides (NOx) and volatile organic compounds 

(VOC) in each of the years evaluated relative to the emission rate under a Federal low-enhanced 

performance standard, and reduces the carbon monoxide (CO) emission rate in both 2009 and 2015, 

when the program is fully implemented . Because New Hampshire's I/M program is implemented 

statewide, the total emissions benefit of New Hampshire's program is even greater than indicated by 

the reduced rate of emissions . 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services _ November 1, 2011 

Table 1- Comparison of Composite VOC, NO,, and CO Emission Factors in New Hampshire's 

8-Hour Ozone Non-Attainment Area 

Year 2007 Year 2009 Year 2015 

(g/mile) (g/mile) (g/mile) 

VOC NOx CO VOC NOx CO VOC NOx CO 

Federal Low-Enhanced 

I/M Performance 0.835 1 .703 18.126 0.702 1 .425 16.648 0.460 0.755 13.021 

Standard 

NH I/M Program 0.816 1 .613 19.260 0.671 1 .321 16.050 0.418 0.630 12.229 

Change in Emissions 

with NH Program -0.019 -0.090 +1.134 -0.031 -0.104 -0.598 -0.042 -0.125 -0.792 

Table 1 Notes: 

1. Emission factors computed using EPA's MOBILE6 .2 model. 

2. MOBILE6.2 model input and output files are available in Attachment VII . 

Table 2 quantifies the emissions under both options and demonstrates the additional air quality benefit 

for VOCs, NOx and CO that is realized in the New Hampshire 8-hour ozone non-attainment area as a 

result of the implementation of New Hampshire's statewide I/M program instead of the Federal LowEnhanced performance standard. 

Table 2 - Estimated Air Quality Benefit of New Hampshire's I/M Program 

Year2007 

(tons/day) 

Year2009 

(tons/day) 

Year2015 

(tons/day) 

NOx 3 .21 3.86 5.18 

VOC 0.68 1.15 1.75 

CO 

_ _ -- 

-36.60 20.42 30.35 

Table 2 Notes: 

1. Developed using emission factors from Table 1. 

2. Daily vehicles-miles traveled (VMT) for the NH non-attainment area for 2007, 2009 and 2015 were 

developed from analysis of 2005 NH Highway Performance Monitoring System (HPMS) data, which 

was provided by NH DOT, and projected to 2015 assuming a 2% annual growth. 

The Low-Enhanced performance standard emission factors shown in Table 1 were derived from 

MOBILE6.2 modeling input data provided by EPA. This input file was modified only to reflect the 

meteorological conditions specific to New Hampshire for both the summer and winter seasons. The 

EPA's I/M performance standard program inputs were then replaced by New Hampshire's I/M program 

inputs to create a second set of MOBILE6.2 input file in order to calculate the effectiveness of the New 

Hampshire program. The evaluation years, 2007, 2009 and 2015, were selected in consultation with 

EPA. All MOBILE6 .2 input and output files are found in Attachment VII . 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November 1, 2011 

3. Network Type and Program Evaluation (40 CFR § 51.353) 

3.1 . New Hampshire Program Meeting Federal Requirements 

The New Hampshire I/M program is implemented statewide under a contract with a vendor utilizing a 

decentralized network of approximately 1,900 vehicle safety inspection stations . New Hampshire's 

inspection stations are both test and repair facilities . 

In 1999, DES and DOS, in consultation with EPA Region 1, began developing an OBD II inspection 

program that would utilize hand-held OBD scan tools and rely on a paper-based reporting system . 

During the summer of 2001, New Hampshire trained over 1800 inspectors to conduct the OBD II 

inspection using the hand held scan tools, and implemented a test program with 6 inspection stations. 

A pilot of this program was conducted with about 10 stations . Based on the pilot program, New 

Hampshire halted efforts to establish a paper-based system due to the overwhelming data entry 

requirement for the State, and reexamined the cost of implementing an automated, computer-based 

program, the cost of which had decreased dramatically in the previous year. In late 2001 New 

Hampshire requested a one-year delay in the start date of a New Hampshire program, to January 2003 

in order to implement a computer-based inspection and reporting program. New Hampshire was not 

able to meet the January 2003 implementation date and in 2004, entered into a contract with a vendor 

to administer and support the OBD II inspection program . As of May 2005, all inspection stations were 

required to have signed contracts with the vendor in order to continue doing motor vehicle inspections. 

Stations conducting less than 200 inspections per year were given until December 2006 to join the 

vendor system, and until then, could conduct OBD II inspections using handheld scan tools and 

reporting in a paper-based format. After 2006, all stations were required to use vendor-supplied OBD 

inspection equipment that electronically conducts the OBD tests and reports the results to a vendormaintained database. Exemptions to the electronic reporting system were provided for : 

1. inspections stations authorized to inspect only motorcycles; 

2 . fleet motor vehicle inspection stations for non-OBD II vehicles; 

3 . municipal and county fleet inspection stations ; and 

4. inspection information for any vehicle of model year 1995 or older. 

Biennial reporting requirements relative to 40 CFR 51.353(c)(1)-(c)(4) includes an audit or monitoring of 

a 0.1% statistical subset of the test data, generally derived from tailpipe testing . This audit is intended 

to review the accuracy of the testing procedures. 

NH's OBD vendor performs data quality checks, such as looking for anomalies, on 100% of the OBD test 

results . As confirmed through discussions with EPA Region 1, the requirements in 40 CFR 51.353(c)(3) 

are being satisfied by this level of data quality checks being conducted by the OBD vendor. 

3.2 . Applicable Documentation for the New Hampshire I/M Program 

In 2002, New Hampshire released a request for proposals seeking a vendor to implement OBD II testing 

statewide . Six entities submitted applications, including Gordon Darby NHOST Services, Inc. whose 

proposal was approved through a contract awarded in 2004 which was effective through June 23, 2009. 

Under this contract the vendor supplied participating licensed NH inspection stations with OBD II 

testing hardware, software, technical support, and training on the computerized testing/reporting 

system known as the New Hampshire OBD and Safety Testing program, or "NHOST." A commitment to 

support the State's requirement to conduct biennial evaluations of the I/M program's effectiveness, as 

required by the EPA, was also included . On November 2, 2005, the vendor contract was amended and 

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20.1 . New Hampshire Program Meeting Federal Requirements 

The vendor is prepared to work with the State to institute changes to the systems, operations and 

procedures that would make them consistent with and enable the DMV to meet the obligations of 40 

CFR section 51.370, concerning methods to ensure that subject vehicles have had necessary emissions 

related repairs completed if needed as soon as such data exists . 

Current VIN-based lists of vehicles with unresolved recalls are needed to implement this compliance 

verification process. According to 40 CFR 51.370, the lists are to be made available by EPA, the 

manufacturers or an approved third-party supplier . However, the manufacturers are not presently 

required to provide such lists to EPA, they do not currently exist, and EPA staff indicated this 

requirement is unlikely to be implemented in the future. As a result, EPA has never enforced the 

provisions of 40 CFR 51.370 against state I/M programs. 

20.2 . Applicable Documentation for the New Hampshire I/M Program 

For documentation of the vendor's contractual requirements, see section 3.2 and Attachment VI . 

21. On-Road Testing (40 CFR § 51.371) 

21.1. New Hampshire Program Meeting Federal Requirements 

HB 1513, the enabling legislation for New Hampshire's I/M program (Attachment III), included language 

requiring DES and DOS to conduct a study of the effectiveness of available options for remote sensing 

of NOx emissions from mobile sources of air pollution . In addition, it required that a remote sensing 

pilot program for sensing NOx emissions from mobile sources be studied and proposed for legislative 

consideration during the 1999 legislative session . The study, which was completed in February 1999, 

ultimately found that, at that time, remote sensing technology would be of low-value to identify 

vehicles that do not meet emissions standards or to exempt vehicles from inspection . 

In conjunction with the legislative OBD Advisory Committee, New Hampshire will continue to evaluate 

incorporation of on-road testing using remote sensing technology in the state's I/M program. Should 

such a program be incorporated, DES will submit a SIP revision to reflect this change. 

21.2. Applicable Documentation for the New Hampshire I/M Program 

N/A. See above. 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November 1, 2011 

The vendor and DMV collaborate in the training component so as to allow the DMV to have a complete 

oversight function, and to monitor and evaluate the effectiveness and integrity of the curricula and the 

results of the written and hands-on tests for inspector training . 

17.2. Applicable Documentation for the New Hampshire I/M Program 

For documentation of the vendor's contractual requirements, see section 3.2 and Attachment VI . 

18. Public Information and Consumer Protection (40 CFR § 51 .368) 

18.1. New Hampshire Program Meeting Federal Requirements 

The State has an ongoing public information campaign, which is available online. The program vendor 

is also required to maintain a support program that can efficiently and effectively address issues from 

various customers, including the State, individual participating inspection stations, inspection station 

personnel, and the general public . The support program includes a "Help Line" (both telephone and 

web-based) for consumers and inspection stations . The Help Line is designed to ensure quality, 

efficiency and convenience for customers. 

As detailed in Section 5 .2, the vendor also provides referee services in the event of a disputed OBD II 

inspection outcome. 

18.2. Applicable Documentation for the New Hampshire I/M Program 

For documentation of the vendor's contractual requirements, see section 3 .2 and Attachment VI . 

19. Improving Repair Effectiveness (40 CFR § 51.369) 

19.1 . New Hampshire Program Meeting Federal Requirements 

New Hampshire's technical schools offer OBD II training as part of their vehicle technician curriculum . 

The NH Auto Dealers Association (NHADA), with assistance from DES also offers training on a variety of 

vehicle/environmental issues including OBD II . The NHADA provides an Environmental Specialist and 

DES Air Division provides a Small Business Ombudsman who are available to assist auto service facilities 

with environmental issues including OBD II implementation . Discussions are underway to determine 

whether programs can be implemented through the NH community and technical college network. 

New Hampshire mechanics currently rely on trade organizations that offer technical support and they 

do self-improvement training through the National Institute for Automotive Service Excellence (ASE). 

The State of New Hampshire is supportive of this effort to obtain further education and advanced 

certification . Through outreach efforts to consumers, the State is working to elevate the demand for 

ASE L1-certified (or equivalent) mechanics to provide their OBD II repairs . 

19.2. Applicable Documentation for the New Hampshire I/M Program 

N/A. See above. 

20. Compliance with Recall Notices (40 CFR § 51.370) 

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passenger cars, trucks, and motorcycles and report their results electronically to the DMV. The scan 

tools utilized are required to be able to collect OBD II test data and vehicle safety inspection data 

sufficient for EPA and DMV reporting and queries. 

15.2. Applicable Documentation for the New Hampshire I/M Program 

For documentation of the vendor's contractual requirements, see section 3 .2 and Attachment VI . 

16. Data Analysis and Reporting (40 CFR § 51.366) 

16.1. New Hampshire Program Meeting Federal Requirements 

The vendor is required to prepare and submit all data to the DMV regarding the results of OBD II 

testing, together with a summary report, which includes numbers of vehicles tested/inspected, failure 

rates, and other information necessary to meet the State's reporting requirements. The data is 

analyzed by the NH DMV and NH DES staff and submitted to the EPA to meet the annual and biennial 

reporting requirements as described in 40 CFR § 51.366. 

16.2. Applicable Documentation for the New Hampshire I/M Program 

New Hampshire has met its reporting requirements under the I/M program, submitting annual reports 

for 2006 - 2009, with the first biennial report being submitted for 2007-2008. 

For documentation of the vendor's contractual requirements, see section 3 .2 and Attachment VI . 

17. Inspector Training and Certification (40 CFR § 51.367) 

17.1. New Hampshire Program Meeting Federal Requirements 

Under Saf-C Part 3205.03, new inspectors and inspectors that are being recertified to perform 

inspections are required to attend Inspection School at DOS in Concord (Attachment V) . Inspectors are 

hired and trained by local inspection stations . They are required to attend an orientation and training 

school at DOS, and to submit to a field test administered by an enforcement officer in order to receive 

certification . The equipment vendor is responsible for training inspectors in the proper use of the OBD 

inspection equipment. 

DMV conducts training and certification on the safety and anti-tampering portion of the annual 

inspection . The vendor conducts, in conjunction with the NH DMV, training and testing for OBD II 

inspector certification . 

Training topics include an introduction to vehicle emissions inspections and OBD, OBD II and safety test 

procedures, test ethics and fraud, hands-on training, written and hands-on test, and inspector 

certification. 

In addition to training in basic inspection and OBD II testing skills, the vendor also provides an 

education and outreach component to address ethics and fraud prevention . This includes information 

on the vendor's fraud protection system, the legal penalties for fraud and/or bribery, and clear and 

explicit policies for reporting attempted fraud or bribery . 

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New Hampshire Departments of Safety and Environmental Services November 1, 2011 

issued, as well as otherwise ensuring the integrity of all forms and documents. In addition, DOS has 

dedicated a phone line as an emissions information "hotline" that station owners may use to report 

other stations they believe to be violating inspection requirements. 

While inspectors are hired and trained by local inspection stations, they must be certified by the state 

to conduct inspections . New inspectors and inspectors being recertified to perform inspections are 

required to attend an orientation and Inspection School at DOS in Concord and to submit to a field test 

administered by an enforcement officer, in order to receive certification . The equipment vendor has 

responsibility to train inspectors in the proper use of the OBD II inspection equipment . 

The State of New Hampshire is evaluating development of a covert audit program which could be used 

in conjunction with the Triggers Analysis. The State may include it as a vendor responsibility in the next 

RFP and vendor contract . 

13.2 . Applicable Documentation for the New Hampshire I/M Program 

The documentation for the Triggers Analysis and the hotline developed by the vendor is described in 

Attachment VIII and noted in Section 3.2, with the vendor's commitments documented in Attachment 

VI . 

14. Enforcement against Contractors, Stations and inspectors (40 CFR § 51.364) 

14.1. New Hampshire Program Meeting Federal Requirements 

In cases where an inspection sticker is found to be applied but repairs not performed, or if the sticker 

was otherwise improperly given, an investigation will follow. The penalties against an inspector and/or 

station owner who violates the inspection statute are significant . An inspector who performs an invalid 

inspection is disciplined administratively. Following a hearing, station owners and inspectors can have 

their privilege to inspect cars suspended or revoked. Since stations typically provide the repairs 

required for failing vehicles to pass inspection, New Hampshire believes this constitutes an effective 

deterrent and punishment. 

14.2. Applicable Documentation for the New Hampshire I/M Program 

Through authority provided in RSA 260: 6-b (see Attachment IV), station owners can have their privilege 

to inspect cars suspended or revoked. New Hampshire believes this constitutes an effective deterrent 

and punishment. 

15. Data Collection (40 CFR § 51.365) 

15.1. New Hampshire Program Meeting Federal Requirements 

The vendor is required to supply all the hardware, software, support, maintenance, and training 

necessary to deploy an effective and cost-efficient statewide data collection and communications 

system that will allow the individual inspection stations to perform OBD II tests/safety inspections on 

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In terms of information management and verification, the State not only has written protocols laid out 

in Saf-C 3210 for mechanics to verify vehicle identity on the front end, but New Hampshire reviews its 

test records and compares them to the DMV registration database on an annual basis as it prepares its 

annual report to the EPA at the end of each state fiscal year. This process allows DES and DMV staff an 

opportunity to verify the integrity of the both datasets, which are maintained separately. 

Due to the statewide nature of its program, the requirement for out-of area check is not applicable . 

The State also does not evaluate registration change applications, as it relies on a sticker-based 

enforcement system. 

12.2. Applicable Documentation for the New Hampshire I/M Program 

For documentation of the vendor's contractual requirements, see section 3 .2 and Attachment VI . For 

documentation of New Hampshire Code of Administrative Rules, CHAPTER Saf-C 3200, Parts 3209 and 

3210, see Attachment V. 

13. Quality Assurance (40 CFR § 51.363) 

13.1. New Hampshire Program Meeting Federal Requirements 

Inspection station compliance is assured through audits and opportunities for stations to report other 

stations they suspect may be selling stickers, falsifying inspections or otherwise avoiding compliance . 

State police enforcement area officers conduct regular overt audits of the approximately 1820 

inspection stations in the state . Covert audits are not currently conducted . Instead, DOS has worked 

with its OBD II vendor to develop and use sophisticated electronic analysis "triggers" to evaluate the 

performance of the decentralized inspection stations and inspectors by identifying anomalies and 

irregularities that might indicate fraud (Attachment VIII) . Triggers-based data analyses/reports are not 

canned summary versions that are produced by the I/M data system on a regular, periodic (e.g . 

monthly) basis . Instead, they are produced on an on-demand basis by DMV staff as needed to monitor 

inspections on an ongoing basis and to assist in investigations of specific stations or to search for 

particular patterns of potential violations or anomalies. This system allows the DMV to monitor a 

statewide decentralized system more effectively and efficiently. 

New Hampshire will continue to evaluate incorporation of a covert auditing program in the state's I/M 

program in conjunction with the legislative OBD Advisory Committee . Should such a program be 

incorporated, DES will submit a SIP revision to reflect this change. At this time, however, it is the 

position of DMV and DES that the current triggers analysis is more effective than a covert audit 

program utilizing vehicle pre-set to pass and pre-set to fail that are surreptitiously tested at a large 

number of randomly selected test stations in an enforcement "sting" operation . 

Officers conducting an inspection station audit generally look to see that stations and certified 

inspectors are following inspection requirements under Saf-C 3220, as well as any written policy and/or 

guidance documents issued by DMV subsequent to the rule. Among other things, officers may check to 

see that a station possesses up to date copies of appropriate repair manuals, as required by rule, as 

well as ascertain whether the station has required tools with which to perform the inspection . An 

officer may observe an ongoing inspection to ensure that the inspector performs it properly. The 

officers check all documentation, such as station and inspector certifications . The officers determine 

that stickers and reporting documents are secure, that there are no missing stickers from the sequence 

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New Hampshire Departments of Safety and Environmental Services November 1 2011 

(b) If, during a safety inspection or OBD inspection, a mechanic determines that any portion of an 

emission control system has been tampered with pursuant to (a) above, the mechanic shall report, 

in writing the details of such tampering to the department. 

11.3. OBD II Inspection Program 

If a motor vehicle is inspected and passes the state's safety inspection, but fails the OBD II test, the 

vehicle receives just the number portion of the two-part inspection sticker . New Hampshire law allows 

motorists 60 days for repairs for OBD II failures . Motorists are likely to be pulled over for lack of the 

colored portion of the sticker . By presenting a copy of their OBD II test report that shows they are 

within their 60-day grace period, a motorist can avoid a citation . Motorists that exceed the grace 

period are subject to the fines and consequences noted above. 

As noted in Section 4.1, the Commissioner of DOS has authorized the dedication of significant resources 

to the enforcement of the New Hampshire I/M program. These resources are deployed for the purpose 

of enforcement of the I/M inspection program, both at the inspection station and consumer level. 

Beyond the resources cited in Section 4, there is an impressive amount of enforcement ability at the 

next level; to wit, all regular State Police Patrol units, all County Sheriff Deputies, and all local law 

enforcement officers, any of whom can and do issue citations for uninspected vehicles . Analysis from 

the NH 2010 Annual IM Inspection report found that New Hampshire's IM inspection compliance rate 

was 98%. 

11.4. Applicable Documentation for the New Hampshire I/M Program 

The authority for the fines issued for non-compliance with New Hampshire's I/M program come from 

New Hampshire RSA 266:1, which requires that vehicles undergo an inspection, as well as from RSA 

266:5 and RSA 263 :56-a, which describe the penalties for failure to obey the inspection requirements. 

The authority for bench warrants is provided in RSA 502-A:19-b, and the authority for the $100 

"bounty" for each locally executed warrant is in RSA 263:56-d . Direct enforcement is handled by State 

Police Troopers as authorized by RSA 266:1-a. All referenced RSAs can be found in Attachment IV. 

For documentation of the vendor's contractual requirements, see section 3.2 and Attachment VI . 

12. Motorist Compliance Enforcement Program Oversight (40 CFR § 51.362) 

12.1. Applicable Documentation for the New Hampshire I/M Program 

NHOST unit design and operation include advanced data entry procedures to minimize entry errors, 

prescribed test procedures to ensure proper and consistent vehicle inspections, highly 

understandable/user-friendly data entry screens to minimize inspector confusion, test unit lockouts to 

prevent unauthorized testing or other use of NHOST units, tamper-proof equipment design, industrystandard security features to restrict access to authorized parties, and the absolute minimum in terms 

of required human decisions and interactions . 

In addition, the vendor maintains a primary database and a backup database to maintain a record of all 

inspection data, including registration, and vehicle information . The resulting communications logs 

stored on the database provide a complete audit trail of all on-line transaction processing (OLTP) 

transactions . The vendor's sticker inventory system also incorporates a fully integrated cradle-to-grave 

sticker tracking system to ensure sticker security. The State of New Hampshire also has written 

protocols for sticker handling laid out in Saf-C 3209 (Attachment V). 

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reflected in the MOBILE6.2 input files was set at 0.5% to provide a conservative allowance for future 

variability in the actual "waiver rate" (Attachment VII) . 

10.2. Applicable Documentation for the New Hampshire I/M Program 

See DMV administrative rules in Attachment V. 

11. Motorist Compliance Enforcement (40 CFR § 51.361) 

11.1. New Hampshire Program Meeting Federal Requirements 

New Hampshire's sticker-based enforcement program incorporates some attributes of registration 

suspension, since the loss of registration (along with the suspension of the driver's license and the 

threat of arrest by way of bench warrant) may be a consequence of noncompliance . The primary 

elements of the consumer compliance strategy are : 

1. A penalty sequence that has fines, registration suspension, driver license suspension; and the 

potential for arrest as an ultimate consequences of non-compliance ; 

2. Increased priority on stickers by state police patrol units; 

3. Increased priority on stickers by local police departments; and 

4. More public education through written reminders issued at town offices . 

The New Hampshire's vehicle inspection program, as reported in the calendar year 2010 NH IM Annual 

Report, has a compliance rate of 98% and is enforced by use of a highly visible windshield sticker . The 

sticker consists of two parts, a number indicating the month of inspection and a colored backing that 

represents the year. When a vehicle is identified as having an invalid or missing inspection sticker, the 

sequence for enforcement is as follows : 

1. Citation issued fining the driver $60 and requiring an inspection of the vehicle within 10 days. 

2. If, after 30 days, the fine has not been paid, DOS will issue a default notice to the driver which 

will result in the automatic suspension of the driver's license and the vehicle registration, and 

the assessment of an additional $100 fee to restore driver's license . Total fine is now $160. 

3. Further, if the fine is not paid, DOS has authority to request a bench warrant be issued by the 

court system for the arrest of the operator. The bench warrant will be issued electronically to 

expedite the process . It is significant to note that local towns receive a $100 "bounty" for each 

executed warrant. Therefore, local towns have a strong financial incentive to expedite 

processing of bench warrants. 

11 .2 . Enhanced Safety Inspection Program Compliance 

New Hampshire's Enhanced Safety Inspection program includes a visual inspection of vehicles not 

equipped with OBD (MY 1995 and older) to detect evidence of tampering with the emission control 

system of a vehicle, as described in Saf-C 3222.04 . These rules specify that: 

(a) For the purposes of this section, "tamper with" means to permanently remove, bypass, defeat 

or otherwise render inoperable, any portion of an emission control system, including software, that 

is installed in or on a motor vehicle ; and 

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9.1. New Hampshire Program Meeting Federal Requirements 

The equipment audits specified in sections 40 CFR 51.359(a), (b), (c), and (d) are not applicable to New 

Hampshire's I/M program as the referenced testing equipment is not utilized in the inspection program. 

The requirements of 40 CFR 51.359(e) are ensured through the implementation of "cradle-to-grave" 

sticker tracking process to maintain sticker security. Under the state contract the vendor's vehicle 

inspection database system (VID) tracks which stickers have or have not been used, and stations are 

responsible for accounting for all stickers, including those missing, stolen, replaced or damaged . This 

includes the following elements: 

1 . An administrative VID application that assigns stickers sold to a particular station electronically to 

that station in a master inventory maintained on the VID; 

2. Sticker numbers sold/assigned to a station are downloaded to the station's NHOST unit(s) upon 

their next subsequent connection to the VID, and used to update the locally stored inventory of 

sticker numbers assigned to the station ; 

3. Sticker number assignments to test vehicles are tracked by the NHOST software and uploaded to 

the VID, and the master inventory is automatically updated. 

9.2 . Applicable Documentation for the New Hampshire I/M Program 

For documentation of vendor contractual requirements, see section 3.2 and Attachment VI. 

10. Waivers and Compliance via Diagnostic Inspection (40 CFR § 51.360) 

10.1. New Hampshire Program Meeting Federal Requirements 

NH does not issue conventional repair waivers, but as required by RSA 266:59-b, V, does offer an 

economic hardship time extensions on a case-by-case basis as determined by the DMV. Such 

extensions are for a single inspection cycle and cannot be re-issued for a given vehicle . The hardship 

extensions were initiated in CY 2007 for the first time. In addition, NH's program allows for issuance of 

"electronic administrator's certificates" for any vehicle deemed by DMV, upon consultation with EPA, 

to not pass the OBD II portion of the inspection due to issues specified by the manufacturer, but that 

may not be captured on EPA's Attachment D list . Combined, these two exceptions represent less than 

0.07% of all inspections in the three years since their inception. 

Saf-C 3222.06 also incorporate EPA's Attachment D list of vehicles that are recognized as "having OBD 

readiness testability issues" . This Attachment D list exempts specific vehicles by make, model, and 

model year from meeting certain OBD testing parameters. Therefore, DMV has incorporated into Saf-C 

3222 .06 a list of vehicles exempted from rejection criteria that is consistent with the EPA's Attachment 

D list . The NHOST software is programmed to recognize vehicles on this list and prompts an inspector 

to conduct the appropriate alternative inspection procedure. 

Due to the very low percentage of vehicles impacted by the state's economic hardship time extensions 

and administrator certificates, less than 0.07% averaged between 2007 and 2009, the "waiver rate" 

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The State's vendor contract requires the vendor to use a scan tool capable of collecting OBD II test data 

and vehicle safety inspection data for EPA and DMV reporting and queries. All OBD inspections are 

conducted in accordance with the requirements of 40 CFR 85.2222 and meeting the standards outlined 

in 40 CFR 85.2207. 

Per the Request for Proposals released by NH DOS and the commitments made by the vendor in its 

proposal and the contract (Attachment VI), the vendor supporting the State's OBD II program must use 

equipment meeting the requirements of 40 CFR 51.358 including : 

1 . System Design, Compatibility and Communication 

a . The test equipment is able to read and review the OBD II information from the vehicle's 

onboard computer; 

b. The system provides for an electronic connection from the vehicle inspection station to a 

central location ; and 

c. The system enables the inspector, using the VIN, to verify registration and vehicle 

information from a central database. 

2. Data Collection, Storage and Reporting 

a . The system reports to the safety inspector any problems found from the OBD II test; and 

b. The test equipment is able to collect OBD II test data and vehicle safety inspection data for 

EPA and DMV reporting and queries. 

3. System Output 

a . The system provides a printed on-site report of the OBD II and vehicle inspection results to 

the vehicle owner/driver and transmits to a central location . 

4. System Capacity; and 

a . The system will accommodate approximately 1820 inspection stations, 15,000 licensed 

inspectors, and 1.3 million annual vehicle inspections and has the capability to 

accommodate increasing or decreasing numbers of inspections and/or inspection 

stations/inspectors. 

5. System Security and Quality Assurance 

a . The system provides for an audit trail to track the use of all OBD II testing equipment; 

b. The system provides and explains a security system, which verifies the identity and access 

rights of each individual inspector and the licensed inspection station at the time that they 

attempt to access the test/reporting system; 

c. The system also is able to lock-out inspectors and/or inspection stations, whose privileges 

have been suspended or revoked; and 

d. The system is able to check for a vehicle having been previously tested at another 

inspection station, and inform the current inspector as to the reason that the vehicle did 

not pass the previous test if it failed . 

8.2 . Applicable Documentation for the New Hampshire I/M Program 

See Section 2.2 for documentation related to the ESI, OBD II, and diesel opacity testing programs and 

section 3.2 and Attachment VI for documentation of vendor contractual requirements. 

9 . Quality Control (40 CFR § 51.359) 

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In addition, New Hampshire implements a roadside diesel opacity testing program utilizing the SAE 

J1667 ("Snap Acceleration") test procedure. The diesel opacity testing program applies to all heavyduty diesel-powered vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or 

more, and all diesel-powered buses, manufactured to carry 25 or more passengers operating on the 

highways, roads and public ways of New Hampshire . All federal vehicles, including military vehicles, are 

exempt from these tests as are vehicles that pass an initial "Quick Screen" process upon being selected 

for pullover. Vehicles that can present proof of having passed an opacity test in New Hampshire or any 

state within the previous 12 months or can present proof of having repairs to address emission 

violations, are also exempt from testing . These non-federal exemptions do not apply if any subject 

vehicle appears to be emitting visible black smoke . 

6.2. Applicable Documentation for the New Hampshire I/M Program 

See Section 2.2 . 

7. Test Procedure and Standards (40 CFR § 51.357) 

7.1 . New Hampshire Program Meeting Federal Requirements 

As noted in Section 1 .1, the NewHampshire I/M Program, which was first implemented in 1999 and 

legislatively amended in 2004, applies to all vehicles less than 20 model years old that are not subject to 

the OBD II inspection, and consists of a visual check for the: 

1. Positive crankcase ventilation (PCV) valve and proper hose configuration ; 

2 . Air injection pump/pulse air systems; 

3 . Gas cap; 

4. Evaporative purge canister ; and 

5. Catalytic converter . 

All OBD II inspections are conducted using procedures that meet the procedural requirements set forth 

in 40 CFR 85.2222 and test standards established in 40 CFR 85.2207. Roadside diesel opacity testing 

program utilizes the SAE J1667 ("Snap Acceleration") test procedure. 

7.2. Applicable Documentation for the New Hampshire I/M Program 

See Section 2.2 for documentation of the New Hampshire I/M program. Attachment V includes the 

State's OBD II administrative rules, specifically Saf-C 3222 .03, which specifies the test procedures in 40 

CFR 85.2222, which in turn reference the test standards established in 40 CFR 85.2207. Attachment V 

also includes the State's Diesel Opacity administrative rules, which specify the use of the SAE J1667 test 

procedure. 

8. Test Equipment (40 CFR § 51.358) 

8.1 . New Hampshire Program Meeting Federal Requirements 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November 1, 2011 

(Attachment III) was passed, again amending NH RSA 266:2 and increasing fees charged for the 

inspection sticker booklets from the $2 .50 per sticker to $3 .25 per sticker. 

5. Test Frequency and Convenience (40 CFR § 51.355) 

5.1 . New Hampshire Program Meeting Federal Requirements 

All privately owned motor vehicles are subject to an annual safety inspection in the birth month of the 

registered owner. Corporate and fleet vehicles are inspected in specified months; government and 

municipal vehicles are inspected in March . For required vehicles, the annual anti-tampering and OBD II 

inspections are conducted at the same time as the safety inspection. 

New Hampshire's I/M program is convenient to motorists through a statewide decentralized network 

that had approximately 1850 participating inspection stations in operation during 2010 (Attachment 

IX) . The attached CD lists the stations by county, city and town that were licensed at the time of this 

submittal. A current listing of licensed inspection stations is maintained by DOS on their website at 

http ://www .nhinspect.com/HTML/EntireState.html. 

Convenience is further ensured through the vendor who provides referee services in the event of a 

disputed OBD II inspection outcome. The vendor has committed to deliver an alternative referee 

solution that provides improved customer service . Under this alternative, all vendor field service 

technicians are equipped and trained as mobile referees. This provides a statewide workforce of 6-10 

mobile referee units that are available to handle OBD II referee tests by appointment and at a mutually 

agreeable convenient location . Motorists are able to schedule referee appointments by calling the 

vendor's toll-free Help Line phone number, resulting in a customer-friendly approach to providing the 

required referee services . 

5.2 . Applicable Documentation for the New Hampshire I/M Program 

Pursuant to RSA 266 :1 (Attachment IV), all registered motor vehicles are inspected annually either in 

the owner's month of birth, or if owned by a corporation, during a month specified by the Director . 

6. Vehicle Coverage (40 CFR § 51.356) 

6.1 . New Hampshire Program Meeting Federal Requirements 

The New Hampshire I/M program is implemented statewide utilizing a decentralized network of 

approximately 1820 vehicle inspection stations and includes an anti-tampering inspection and an OBD II 

inspection program with the year of the engine, as specified by the manufacturer, determining which 

inspection is required . The anti-tampering inspection affects vehicles 20 and less model years old that 

are not subject to the OBD II inspection . The OBD II inspection applies to all model year 1996 and 

newer light-duty gasoline vehicles and model year 1997 and newer light-duty diesel vehicles . 

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New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services November 1, 2011 

extended through June 30, 2010. In June 2010, a two-year extension clause was exercised extending 

the contract to June 30, 2012. Documents referenced in this section are in Attachment VI. 

Documentation of the exemptions to the electronic reporting requirement is in NH RSA 266:1 

(Attachment IV) . 

4. Adequate Tools and Resources (40 CFR § 51.354) 

4.1. New Hampshire Program Meeting Federal Requirements 

The NH OBD II vehicle emission inspection program is self-funded . Licensed inspection stations pay the 

State an annual administrative fee of $25 as well as $3 .25 per inspection sticker. The revenue from the 

stickers accrues primarily to the state Highway Fund, which the Commissioner of DOS is authorized to 

draw upon for all expenses related to the inspection administration and enforcement . Inspection 

stations also pay the vendor directly a fee of $50.00 per month or $5.15 per test, whichever is greater . 

The vendor supplies the station equipment needed to complete the OBD II test and report the results 

and there is no capital investment needed by the station . There is no charge for a single retest within 

60 days if the prior rejection was for OBD related failures . 

DMV has an established administrator position overseeing the emissions program. There are now 8 

troopers undertaking full-time enforcement duties related to inspection program. These duties include 

inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle 

follow-up, on-road enforcement, sticker monitoring, and enforcing RSA 266 (Attachment IV), the 

statute regarding inspections . In 2010, 555 overt inspection station inspections were conducted, 62 

stations were audited and, following 58 resulting hearings, 7 were shut down. 

A portion of the inspection sticker revenue also accrues to a Motor Vehicle Pollution Abatement Fund 

(MVPAF). The MVPAF is used to support DES's Mobile Source program, including support of the OBD II 

inspection program . 

4.2 . Applicable Documentation for the New Hampshire I/M Program 

NH RSA 266 :1-a (Attachment IV) relates to the roles and responsibilities of the Enforcement Officers 

who are assigned to the enforcement of the inspection program . Enforcement Officers appointed by 

the commissioner have as their primary function enforcement duties related to the inspection process, 

including inspection station auditing, investigation of alleged inspection station malfeasance, rejected 

vehicle follow-up, and sticker monitoring. As authorized under RSA 266 :1, an enforcement officer shall 

have the authority to enter any motor vehicle inspection station during the station's business hours to 

fulfill his or her duties. He or she will also be assigned other enforcement duties as determined by the 

commissioner. The commissioner shall furnish suitable equipment to an enforcement officer, as the 

commissioner deems necessary, to distinguish the officer as an individual acting in an official capacity. 

An enforcement officer appointed by the commissioner pursuant to this section shall be directly 

responsible to the director and shall be a classified employee. 

In 2003, HB 4 (Attachment III) amended NH RSA 266:2 (Attachment IV) and increased fees charged for 

the inspection sticker booklets from the $1.50 per sticker to $2.50 per sticker . In 2009, HB 2 

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