New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

The State of New Hampshire 

Motor Vehicle Inspection and Maintenance 

State Implementation Plan Revision 

Attachment 1 : 

New Hampshire I/M Program Background 

Prepared by: 

The New Hampshire Department of Environmental Services 

Concord, NH 

November 1, 2011 

Attachment I : New Hampshire I/M Program Background 1 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

New Hampshire 1/M Program Background 

Table of Contents 

New Hampshire I/M Program Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 

History of Inspection & Maintenance Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- .- . . .- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

History of Inspection & Maintenance Program in New Hampshire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . 4 

Attachment I : New Hampshire I/M Program Background 2 
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New Hampshire Departments of Safety and Environmental Services May 12, 2011 

New Hampshire I/M Program Overview 

New Hampshire is subject to federal I/M requirements due to elevated ozone levels in the Southern and 

Seacoast portions of the state . The requirements are due to the establishment of three ozone nonattainment areas (two serious and one marginal) under the former federal 1-hour ozone standard that 

have been consolidated into a single, slightly smaller moderate ozone non-attainment area under an 8-

hour ozone standard . New Hampshire is also located in the Ozone Transport Region . With the 

finalization of a pending new, more stringent, 8-hour ozone standard in 2010, New Hampshire will again 

revise its non-attainment boundary. 

The federal Clean Air Act Amendments of 1990 ("CAAA") requires enhanced vehicle 

inspection/maintenance programs ("I/M") in many population centers and areas that have experienced 

a history of high concentrations of ground-level ozone (or "smog") . Section 182(c) of the CAAA 

mandates enhanced I/M in areas designated as "Serious" for ozone non-attainment 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 former 

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

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

Section 184(b) of the CAAA 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(b). 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-Dover-Rochester MSA (part of Rockingham county and most of Strafford county), referred 

to as New Hampshire's "Seacoast Serious Non-Attainment Area," and the Manchester MSA (parts of 

Hillsborough and Rockingham counties, and two towns in Merrimack county), referred to as the 

Manchester marginal non-attainment area under the former 1-hour ozone standard, each had 1990 

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

History of Inspection & Maintenance Requirement 

EPA's final rule for I/M was issued in November 1992 . The rule states that counties, which are at least~in 

part within an MSA that is mandated to have enhanced I/M, must be in the program in their entirety . 

An exemption is provided if the 1990 population density of the county is less than 200 persons per 

square mile and over 50% of the MSA is in another county which is covered by the I/M program . Based 

on these criteria, Merrimack County can be exempted from the requirement. Hillsborough, Rockingham 

and Strafford counties are mandated to have an enhanced I/M program . 

EPA's final I/M rule outlined a comprehensive test protocol that included centralized network facilities 

equipped with elaborate dynamometers and evaporative test equipment. EPA's testing protocol 

provided very little implementation flexibility, resulting in an unprecedented public backlash against 

I/M . This prompted EPA to create a "Low-Enhanced I/M Performance Standard" in September 1995, a 

considerably less complicated emissions test. States that do not rely on I/M to meet overall CAAA 

emission reduction requirements, such as New Hampshire, can choose to meet the low-enhanced I/M 

performance standard to satisfy the federal I/M mandate. 

Under EPA's enhanced I/M protocol, emission reduction credit was automatically discounted by 50% for 

a program with a decentralized testing network, based on EPA's assumption that a decentralized 

Attachment I : New Hampshire I/M Program Background 3 
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New Hampshire Departments of Safety and Environmental Services May 12, 2011 

network was inherently corrupt . In November 1995, President Clinton signed the National Highway 

Systems Designation Act ("NHSDA"), which afforded states the temporary opportunity to demonstrate 

that a test and repair program could achieve comparable reductions in air pollutants. While this 

removed EPA's power to automatically discount a decentralized I/M program, it did not relax the testing 

criteria . It merely postponed the day of reckoning for states . 

Further I/M flexibility was offered by EPA in July 1996, when the "OTR low-enhanced performance 

standard" was released . This standard included a limited inspection procedure with essentially no 

emission testing component. The rule states that only areas in the OTR designated as moderate or 

better for ozone can implement this type of I/M program. By strict legal interpretation, New 

Hampshire's serious non-attainment areas were not eligible . 

In June 2004, EPA designated areas relative to a newer, more stringent 8-hour ground-level ozone 

standard . New Hampshire was classified as moderate non-attainment for this standard in portions of 

the southeastern three counties (Rockingham, Strafford, and Hillsborough) . As a result of this 

designation and the state's inclusion in the OTR, the state is once again subject to an I/M requirement. 

It is anticipated that the OBD program currently under implementation would be acceptable to EPA in 

meeting the state's renewed I/M obligations . As previously, failure to implement the required I/M 

program could result in EPA imposed sanctions and/or citizen suits from environmental organizations . 

The OBD vehicle inspection program is also a part of the state's comprehensive strategy to meet 

additional federal transportation planning requirements referred to as "transportation conformity" . 

These provisions require that the state's transportation plans "conform" to the purpose and intent of 

the SIP (i .e ., that emissions generated as a result of transportation projects do not cause the state to 

further violate or fail to achieve attainment in a timely manner) . 

History of Inspection & Maintenance Program in New Hampshire 

In 1993, the New Hampshire Legislature passed legislation that gave the Department of Safety (DOS) the 

authority to implement an enhanced I/M 240 tailpipe testing program. Detailed negotiations with 

several potential contractors followed in anticipation of enhanced I/M as an integral part of emission 

reduction plans in New Hampshire and most states in the region. However, these negotiations halted 

when Maine repealed its I/M 240 program due to vehement public opposition to its cost and 

inconvenience . During subsequent sessions, the New Hampshire Legislature reacted by taking an 

appropriate "wait-and-see" approach, delaying the start date of any New Hampshire I/M program. 

Legislators consistently offered clear indications that an enhanced I/M program would not be acceptable 

because of its poor environmental cost-effectiveness and inconvenience to consumers. 

The CAAA mandated implementation of enhanced I/M in New Hampshire's serious ozone nonattainment areas. New Hampshire, however, demonstrated that it had met its overall emission 

reduction requirements without an I/M program . The federal mandate remained, however, and in June 

1997 EPA issued a "findings letter" to New Hampshire for failure to implement an enhanced I/M 

program in Hillsborough, Rockingham and Strafford counties . This findings letter started an 18 month 

sanctions "clock" in New Hampshire that could have led to economic development constraints and 

withholding of federal highway funding. 

In an effort to achieve compliance with federal law in the most cost-effective and consumer friendly 

manner, New Hampshire held discussions with EPA over the summer of 1997 to seek approval for an 

Attachment I : New Hampshire I/M Program Background 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

environmentally superior alternative to fulfill its I/M obligation . In a letter to EPA dated November 13, 

1997, New Hampshire proposed a package of reduction strategies including an Enhanced Safety 

Inspection (ESI) (anti-tampering) Program, an on-road diesel opacity testing program, and a guarantee of 

additional NOX utility reductions (Attachment II) . Relative to vehicle emission testing, the agreement 

points committed New Hampshire to implementing an OTR low-enhanced I/M program minus the 

centralized testing and registration denial requirements, a requirement for testing vehicles that meet 

EPA's on-board diagnostic II (OBD II) standards statewide, and with a start date consistent with EPA 

rules. The response from EPA was favorable, and in a document titled "Revised I/M Agreement Points," 

dated January 30, 1998, New Hampshire outlined an environmentally superior plan to meet its I/M 

obligation (Attachment II) . EPA in turn notified New Hampshire that this plan would fulfill the State's 

I/M obligation provided it was implemented in a timely manner. 

In June 1998, House Bill ("HB") 1513 (Attachment IV) established the agreement points in State law by 

creating RSA 266: 59-b (Attachment V), mandating a statewide program including : 

" an enhancement to the existing Safety Inspection Program to include visual checks for proper 

connection of emissions control components on 1980 and newer vehicles ; 

" a statewide implementation of OBD II testing on vehicles required to be equipped with OBD II 

systems; 

" a smoke opacity testing program on heavy duty trucksl; and 

" the retirement of NOx emissions credits, which would have otherwise been allocated to the PSNH 

Merrimack Station power plant, to address immediate reductions that would have been achieved 

from the repair of older vehicles . 

DES subsequently submitted an Alternative I/M State Implementation Plan (SIP) revision in September 

1998 that included the agreement points. In December 1998, the EPA published a notice to approve the 

SIP as a "SIP strengthening measure" in the Federal Register, thus stopping the sanctions clock . 

On January 1, 1999, the Roadside Diesel Smoke Opacity Inspection Program Rules (Saf-C 5800) 

(Attachment VI) went into effect . The implementation of these rules fulfills a portion of the SIP 

strengthening measure . These rules are exempt from NH RSA 54-A and have no expiration date 

(Attachment VIII) . 

The statewide ESI anti-tampering inspection was also implemented in 1999 for 1980 and newer vehicles . 

This program has continued since that time, with a legislative revision to the program in 2004 through 

House Bill ("HB") 1293 (Attachment IV), which changed RSA 266: 59-b (Attachment V) such that the 

vehicles subject to the inspection were those vehicles newer than 20 model years old . 

In April 1998, EPA amended the federal I/M rule, moving the OBD mandatory implementation date from 

January 1, 1999 to January 1, 2001 . 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 . 

In preparation for the implementation of the OBD II I/M program, between April and July 2000, 

approximately 1800 licensed State inspectors and repair technicians were trained to perform the OBD 

test using hand-held OBD scan tools and utilizing a paper-based reporting format at New Hampshire 

Community Technical Colleges . Electronic reporting, while required under the federal rule, was 

1 A program implementing regulations in Chapter Saf-C 5800 was implemented by the Department of Safety beginning in 1999 . 

Attachment I : New Hampshire I/M Program Background 5 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services May 12, 2011 

considered prohibitively expensive at that time . EPA was willing to allow New Hampshire the flexibility 

of a paper-based system with reduced air quality credits . All federal program reporting requirements 

still applied . 

In September 2000, the start date was pushed back by the EPA, once again, to January 2002 . During late 

2001, DOS submitted a request to EPA for a one-year delay in implementing the New Hampshire 

program. During the preparation for the I/M program's implementation, it had become clear that a 

paper-based system would be too burdensome to implement due to the volume of data entry thate 

would be necessary . In addition, over the course of the previous year, the cost of electronic reporting 

options had dropped dramatically. The delay in program implementation would allow sufficient time to 

prepare for a fully electronic-based system and significantly reduce the cost and effort of the program 

while achieving the full emission reduction benefit . 

EPA granted New Hampshire's extension request to January 2003. New Hampshire experienced further 

delays in issuing a Request for Proposals (RFP) and did not release an RFP until September 2002. 

Throughout late 2003 and early 2004, vendors submitted and presented their proposals to DOS, which 

were reviewed by stakeholders and agency staff. In June 2004, Governor and Council (G&C) approved a 

contract with Gordon-Darby NHOST Services, Inc . Under this contract Gordon-Darby is required to 

supply all participating licensed NH inspection stations with OBDII 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." On November 2, 2005, the Gordon-Darby contract was 

amended and extended through June 30, 2010 and a two-year extension clause was exercised In June 

2010, extending the contract to June 30, 2012 . 

In 2005, the New Hampshire General Court passed HB 513 (Attachment IV) and amended RSA 266 

(Attachment V), which had codified the I/M agreement points in New Hampshire statute . These 

amendments allowed for the provision of economic hardship time-extensions, a notification 

requirement for sellers of vehicles that failed OBD II testing, and the establishment of an OBD II testing 

advisory committee. 

In May 2005, all inspection stations were required to have signed contracts with Gordon-Darby in order 

to continue doing motor vehicle inspections . Stations conducting less than 200 inspections per year 

were given until December 2006 to join the Gordon-Darby system, conducting OBD II inspections using 

hand-held scan tools and reporting in a paper-based format until that time. Starting in May 2005, an 

advisory OBD II inspection program was conducted on all 1996 and newer light-duty gasoline vehicles 

and on 1997 and newer light-duty diesel vehicles, with failing vehicle owners informed of the failure and 

encouraged to repair the vehicles, but the vehicles were still able to obtain an inspection sticker. 

Pursuant to Senate Bill ("SB") 341 (2006 Session) (Attachment IV), the OBD II program advisory for 

MY2002 and newer vehicles until December 2006, and for MY1996 and newer until July 2007 (this date 

was subsequently moved to October 1, 2007). On December 1, 2006, New Hampshire began a pass/fail 

OBD II program for all MY2002 and newer vehicles . On October 1, 2007, all MY1996 to MY2001 vehicles 

were subject to a pass/fail OBD II inspection as well. 

The ESI rules began in 1999 along with opacity rules. The June 2007, the ESI rules (Saf-C 3220) 

(Attachment VI) were revised and the OBD II, paper-based, program was added . In June of 2008, the 

most current OBD rules (Saf-C 3222) (Attachment VI) became effective and reflect the current state of 

the program . 

Attachment I : New Hampshire I/M Program Background