NewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011

The State of NewHampshire Motor Vehicle Inspection and Maintenance State Implementation Plan Revision

Attachment II : New Hampshire Revised I/M Agreement Points

Prepared by: The New

Hampshire Department of Environmental Services

Concord, NH November 1, 2011

1 'D- E PARTMENT OF 

## Environmental 

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Attachment I1: NewHampshire Revised I/MAgreement Points 1New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 Overview Under strict interpretation of Clean AirAct requirements, New Hampshire is required to implement a low-enhanced I/Mprogramin Hillsborough, Rockingham, and Strafford counties. However, due to the low volume ofvehicles in the state and the high cost of conducting a full tailpipe testing program, in 1998 NewHampshire submitted an Alternative Motor Vehicle I/M State Implementation Plan (SIP) . The Alternative I/MSIP demonstrated superior environmental benefits through implementation of an Enhanced Safety Inspection (ESI) programthat provided for a visual anti-tampering inspection for vehicles newer than 20model years old, implementation of an On Board Diagnostics ("OBD II") inspection programthrough out the entire state upon finalization of federal OBD II programrules, implementation of a roadside diesel opacity testing programfor heavy-duty diesel vehicles (i .e., greater than 10,000 Ibs. GVWR), and permanent emission reductions froma large in-state power plant. The I/M programprovisions were codified in state statute by House Bill ("HB") 1513 (Attachment III) in June 1998 and the Environmental Protection Agency published notice to approve NewHampshire's Alternative I/M SIP as a "SIP strengthening measure" in December 1998. Final approval occurred in January 2001 . Subsequent action taken by the NewHampshire General Court has modified implementation of the Revised I/M

. The EPA has been informed of all modifications. Status of Revised I/MAp-reement Points NewHampshire's plan to meet its enhanced I/M obligation was first summarized in an agreement reached between the New Hampshire Department of Environmental Services (DES), NewHampshire Department of Safety (DOS), and U.S. Environmental Protection Agency (EPA) in a document dated January 30, 1998 entitled "Revised I/M Agreement Points" (reproduced as Attachment 1 to this Attachment) . New

Hampshire originally proposed an alternative approach that is environmentally superior to the implementation of a programprescribed by EPA's low-enhanced I/Mperformance standard in a letter to EPA dated November 13, 1997. This proposal evolved into its present form following negotiations with stakeholders. The favorable response received fromEPA is documented in a letter fromDick Wilson and John DeVillars dated January 30, 1998 (reproduced as Attachment 2 to this Attachment) . The following is a restatement of the "Revised I/MAgreement Points" agreement originally reached between DES/DOS and EPA on January 23, 1998and revised January 30, 1998with a commentary on the status of each point. 1 . New

Hampshire will implement an ESI Programstatewide consisting of thefollowing components (consistent with the November 13, 1997 letterfromDES to EPA Region I): 1 .1 . Visual checkfor the presence of the catalytic converter. 1 .2. Visual checkfor the presence and properfit ofthe gas cap andfuel inlet restrictor. 1 .3. Visual checkfor the presence of the positive crankcase ventilation (PCV) valve and proper hose configuration on vehicles so equipped. 1 .4. Visual checkfor the presence and proper operation ofthe air injection pump/pulse air systems on vehicles so equipped.

Attachment II : New

Hampshire Revised I/MAgreement PointsNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011

Comments: House Bill ("HB") 1513, the enabling legislation for the ESI Program became effective in New Hampshire on June 18, 1998 (Attachment III) . The legislation calls for the implementation of the additional inspection criteria listed in 1-4 above starting January 1, 1999. The legislation amended RSA 266 to include a new

section, RSA 266:59-b (Attachment IV) and DOS drafted revisions to the NHCode of Administrative Rules Part Saf-C 3220 (Attachment V) to accommodate the additional inspection procedures. These rules first went into effect in September 1998. HB 1513 also allowed for the vehicle emission control inspection programto be modified by substituting additional visual checks for those listed above and/or exempting additional model years under certain conditions. Specifically, the legislation allowed for the substitution of the checks of the fuel inlet restrictor, PCVvalve, and/or the air injection pump/pulse air systemwith visual checks of the exhaust gas recirculation ("EGR") systemand/or the evaporative purge canister and also allowed for exempting additional model years, provided that the total effect of all such changes is determined to produce a net environmental improvement and is approved by, among others, EPA and New Hampshire's legislature, New Hampshire received adverse public comment regarding the visual check of the fuel inlet restrictor, and its replacement if it is found to be missing. The fuel inlet restrictor was originally intended to disallowmotorists fromdispensing leaded gasoline into theirvehicles, which has the ultimate effect of poisoning the catalytic converter and thereby increasing emissions. However, EPA banned the use of leaded gasoline nationwide in 1996, thereby removing the possibility of potential catalyst poisoning. Requiring motorists to replace a missing fuel inlet restrictor currently offered no environmental benefit . New Hampshire agreed that the fuel inlet restrictor check offers no environmental benefit, and successfully sought, through its Alternative NH Motor Vehicle I/M SIP Revision submitted in 1998, to utilize the substitution provision within HB 1513 for its replacement . In May 2004, through HB 1293 (Attachment III), the NH legislature modified RSA 266:59-b and committed NewHampshire to a visual check of the evaporative control system . The visual check for the presence and proper fit of the vehicle's gas cap was retained. Subsequent to the EPA's approval of this modification, DOS drafted revisions to the NH Code of Administrative Rules Part Saf-C 3220with the most recent changes going into effect in June 2007 (Attachment V) . 2. New

Hampshire intends to implement the OBD//checks mandated by the Clean AirAct when required by EPA. Until such time as the O8D11 checks are required, New Hampshire will performthe visual inspections listed in Section 1 on all applicable vehicles. Comments: HB 1513 also contains language that accommodated the use of on-board diagnostics ("OBD") in the inspection on vehicles so equipped. As of October 1, 2007, the OBD II testing programbecame applicable to all model year 1996 and newer light-duty gasoline-powered and model year 1997 and newer light-duty diesel-powered motor vehicles and all OBD inspections were to be conducted in accordance with the requirements of 40CFR 85.2222. The implementation of the OBD II program received minor modification through HB 513 in the 2005 session.

Attachment II : New

Hampshire Revised I/MAgreement Points 3New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 3. New

Hampshire will initiate a pilot programto examinefailures ofthe oxygen sensorfor pre-OBDll vehicles using a combination of an OBDI malfunction indicator light illumination check coupled with a visual/voltage meterfunctional check of the oxygen sensor and vehicle characteristics. This pilot programwill trigger the inclusion of an oxygen sensor check in the inspection ofpre-OBD11 vehicles, unless it is determinedfromthe pilot programthat the oxygen sensor check is unfeasible or that the failure rate (i.e., the effectiveness of the check) is too low . Comments: HB 1513 contains language (Chapter Law 207) that initiated a pilot programto identify the effectiveness offunctional checks to identify failures of the oxygen sensor. DES and DOS established an external workgroup, the Enhanced Safety Inspection Workgroup, to provide input on inspection criteria and implementation strategies. One the primary functions of the group was to help craft inspection and reporting procedures that will provide the most information about the effectiveness and feasibility of oxygen sensor functional checks. The outcome of their efforts found that functional oxygen sensor checks was not a cost effective means to protect air quality. 4. Thefunctional checks and programprovisions detailed in Sections/ -111 above are not intended to apply to antique vehicles. Comments: New Hampshire has specific registration criteria for antique vehicles, which must be in "parade" condition and at least 25years old to qualify. While the intent was not to require that antique vehicles be subject to the additional inspection criteria outlined in HB 1513, there is no specific language in the bill that provides an indefinite exemption for antique vehicles. HB 1513 simply states that the ESI "shall not apply to vehicles manufactured prior to the 1975 model year ." New Hampshire received adverse public comment regarding the earliest vehicle model year, currently 1975, subject to the ESI . The Enhanced Safety Inspection Workgroup and others commented that replacement parts such as air injection pumps forvehicles manufactured in the late 1970's are difficult, if not impossible, to locate. In addition, certain vehicle models fromthe late 1970's were manufactured both with and without a catalytic converter in the same year. This scenario may force motorists to inappropriately install catalytic converters on vehicles that were not originally equipped. For these reasons, New Hampshire successfully sought, through its Alternative NH MotorVehicle I/MSIP Revision submitted in 1998, to utilize the substitution provision within HB 1513 to change the earliest model year subject to the ESI from1975 to 1980 . The statewide ESI programwas implemented in 1999 for 1980and newer vehicles. This programhas continued since that time, with a legislative revision to the programin HB 513 in 2005. This modification exempted vehicles 20or more model years old from the ESI program

. Determination ofeligibility is made subtracting the model year of the vehicle fromthe calendaryear in which the inspection occurs. DOS has also amended Saf-C 3220 (Attachment V) with the most recent changes going into effect in June 2007 to include this modification. 5. Implementation of the New Hampshire Enhanced Safety Inspection Programdetailed in Sections 1- IVabove will take place no later than January 1, 1999 .

Attachment II : New

Hampshire Revised I/MAgreement PointsNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011

Comments: HB 1513 specifically called for a start date for the ESI ProgramofJanuary 1, 1999 . The statewide ESI programwas first implemented in 1999for 1980and newervehicles and the programhas continued since that time, with the modifications through HB 1293, as noted above, to only affect those vehicles newer than 20model years old. 6 . In addition, a roadside diesel opacity testing programutilizing the SAEJ1667 ("Snap Acceleration") test procedure will be implemented. Comments: HB 1513 (RSA 266:59-c) establishes an on-road diesel opacity testing program using the Society of Automotive Engineers ("SAE") J1667 test procedure, to begin January 1, 1999. DOS drafted rules regarding the test procedures, which are described in detail in the NHCode ofAdministrative Rules Chapter Saf-C 5800 (Attachment V)

. The rules for the diesel opacity programbecame effective January 1, 1999. Further, NewHampshire has worked collaboratively with other NESCAUM states to establish common diesel opacity testing procedures and reciprocity between states. 7 . In addition, asidefromany tons set aside to providefor economic development, New Hampshire will ensure that enforceable commitments are made by PSNHtoreduce at least 500tons of NOx annually, ofwhich at least 100shall be in the ozone season. New Hampshire will require these additional reductions beginning in 1999, and by 2003 these reductions will befully in place and enforceable. The ozone season reductions will be below the Ozone Transport Commission's NOx MOU budget level . The non-ozone season reductions will be below allowable emission rates and be based on historical utilization rates. Comments: New Hampshire secured the utility NOx reductions described above, both during and outside the ozone season, by revising its NOx Budget Rule (NH Code of Administrative Rules Chapter Env-A 3200 (Attachment V)) and by issuing Final RACT Order No. 98-001 to PSNH. The NOx Budget Rule revision and Final RACT Order were accomplished through a collaborative effort between Public Service of New Hampshire ("PSNH") and DES (see the February 19, 1998 letter fromW . T . Frain, Jr., to House Chairman Jeb E. Bradley, and the February 20, 1998 letter fromRobert W . Varney to House Chairman Jeb E. Bradley. The following is a summary of New Hampshire's plan to secure this portion of the "Revised I/M Agreement Points." Ozone Season A . Section Env-A 3206.02 of the NOx Budget Rule (Attachment V) revision was used to provide the ozone season NOx reductions for I/M called for under Section VII of the Revised I/M Agreement Points between DES and EPA . For the ozone seasons 1999 through 2002 (i .e., OTCNOx MOU - Phase II), the State set aside (fromits overall OTC allocation) 100 tons of NOx for I/M . B. Final RACT Order No. 98-001 was used to set the MK2 1999 NOx RACT limit at 15.4 tons per day. This maximized the operating flexibility available to PSNH in providing the NOx reduction

Attachment II : New

Hampshire Revised I/MAgreement Points 5New Hampshire Motor Vehicle I/MSIP Revision NewHampshire Departments of Safety and Environmental Services May 12, 2011 commitments called for in this plan. Ozone season Discrete Emission Reductions ("DERs") were used to comply with the MK2 1999 NOx RACT limit. C . The allocation amount in Env-A 3200for 2003 and beyond (i .e., OTC NOx MOU - Phase III) will be left as presently written for purposes of reference. The methodology employed to allocate NOx budget allowances for Phase III will be determined in a separate rulemaking process prior to 2003. Whatever future methodology is utilized, 100tons will be set aside each year for I/Muntil I/Mrequirements either no longer apply to New Hampshire or are met through other environmentally equivalent control measures. Non-Ozone Season A . As specified in section D(1)(c) of the Final RACT Order No. 98-001, for the period 1999 through 2002 (OTC NOx MOU - Phase II), PSNH was permitted to emit no more than 8,208 tons of NOx during the non-ozone season. This represents a reduction of 400 tons fromthe level specified in the State's 1999SIP, and a reduction of at least 874 and 3,608 tons fromactual non-ozone season NOx emissions in 1996 and 1997 respectively. Non-ozone season DERs and ozone season DERs may be used to comply with the non-ozone season limit in Final RACT Order No. 98-001 . B. PSNH was able to use non-ozone season DERs and ozone season DERs generated in 1995 through 1998 to help meet its commitments for the non-ozone season. For the purposes of this agreement, PSNHwas able to generate DERs at Newington and Schiller stations. 8. In addition, New

Hampshire has voluntarily assigned electric generating units MK2 and MK1 to the OTR Inner Zone, which has the effect of reducing emissions NOx fromthese units by an additional 1096 (from

5596 to 65%

reduction) in 1999

. Comments: The lines for zone delineations in the OTC NOx MOUwere established in 1994when the MOUwas released. At that time, NewHampshire's greatest single NOx source, Merrimack Station in Bow, was placed in the Northern Zone, where reduction requirements were more relaxed than those for most of NewEngland. NewHampshire volunteered to place the Merrimack Station facility in the Inner Zone and meet the associated reduction requirement as an act of good faith in the pursuit of improved air quality throughout the region.

Attachment II : New

Hampshire Revised I/MAgreement PointsNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services Attachment 1 to Attachment II "Revised I/MAgreement Points" January 30, 1998 

## REVISED UM

AGREEMENT POINTS Originally Reached Between NHDES/NHDOS andtJSEPAonJanuary?3,1998 Revised January 30,1998 May 12, 2011



### I . New Hampshire will implement an Enhanced Safety Inspection Program statewide consisting of the following components (consistent with the November 13,1997_letter fromDES to EPA Region n; 1. Visual check for the presence of the catalytic converter . 2. Visual check for the presence and proper fit of the gas cap and fuel inlet restrictor. 3 . Visual check for the presence of the PCV valve and proper hose configuration on vehicles so equipped. 4 . Visual check for the presence and proper operation of the air injection pump/pulse air systems on vehicles so equipped. II . New Hampshire intends to implement the OBD II checks mandated by the Clean Air Act when required by EPA. Until such time as the OBD II checks are required, New Hampshire will performthe visual inspections listed in Section I on all applicable vehicles. III . New

Hampshire will initiate a pilot programto examine failures of the oxygen sensor for pre-OBDII vehides using a combination of an OBDI malfunction indicator light illumination check coupled with a visual/voltage meter functional check and vehicle characteristics. This pilot programwill trigger the inclusion of an oxygen sensor check in the inspection of pre-OBD II vehicles, unless it is determined fromthe pilot programthat the oxygen sensor check is unfeasible or that the failure rate (i .e., the effectiveness of the check) is too low . IV. The functional checks and programprovisions detailed in Sections I - III above are not intended to apply to antique vehicles. V . Implementation of the New Hampshire Enhanced Safety Inspection Programdetailed in Sections I - Nabove will take place no later than January 1, 1999

. VI . In addition, a roadside diesel opacity testing programutilizing the SAE J1667 ("Snap Idle") test procedurewill be implemented.

Attachment II : NewHampshire Revised I/M Agreement PointsNew Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 

### VII . In addition, aside fromany tons set aside to provide for economic development, NewHampshire will ensure that enforceable commitments are made by PSNH to reduce at least 500 tons of NOx annually, of which at least 100 shall be in the ozone season. New Hampshire will require these additional reductions beginning in 1999, and by 2003 these reductions will be fully in place and enforceable. The ozone season reductions will be belowthe Ozone Transport Commission's NOx MOU budget level . The nonozone season reductions will be belowallowable emission rates and be based on historical utilization rates. VM . In addition, New

Hampshire has voluntarily assigned electric generating units NM

and MKl to the OTR Inner Zone; which has the' effect of reducing emissions NOx fromthese units by an additional 10%a (from55% to 65%reduction) in 1999.

Attachment II : New

Hampshire Revised I/MAgreement PointsNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services Attachment 2 to Attachment II Letter from Dick Wilson and John DeVillars

~ January 30, 1998 UNrMV STATES ENVIRONMENTAL PROTECTIONAGENCY

WABH)NQTON, D

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Representative job a. Bradley Logislative Office Building Room 304 concord, RawHampshire 07101 Door Reprrsentstive Dtadleyr January 30, 2 .99e May 12, 2011

OpFrCf OF Aak a+an WIAi wH

As you know, va have worked for some time with the NowHampshire )}vyartlnante of bnviroamental aarvioae and Safety to come to apreement on a proposal for meeting the atata~s clean Air Act obligation to Implement a vehicle inspection end msintsnsnos (I/M) Program

. We .underatand that the attached dooumqnt titled -Revised Z/n Agreement Points-? dated January 30, 2998 represents Nev Hampshire,* ourrent proposal for meoting this obligation . We have reviewed this proposal . IPA believe* that submission and implementation o! the proposed programwould meet Now Hampshire's Obligation for an I/K programprovided that 1) legislation needed to fully implement the programare panned this legislative session, and 2) that all regulations necessary to implement this program are adopted and submitted to EPA as expeditiously as Now$atnpshire" s Administrative Procedures Act permits . of course we also expsoc the program will be implemented in a manner consistent with iPA regulations, such ae enforcement and administrative requirements

. Upon submission of these measures am a SIP revision, mpA kill work expeditiously to stop the a,u,a 6, 29s,? inspection/ maintenance sanctions clock. ~aubrniesxoa of this a2a revision by August of 1A88 will ensure that the sanctions clock do** not expi,rs . ?he measures Proposed. In the "Asvissd t/MAgreament Points'" including the dismal opacity program and addizional stationary source reductions outlined therein, taken togsther with New Hampshire,a adoption of the National Low Enhanced vehicle program, vill go a long way toward ensuring attainment of air quality standards in the state . We look forward to working with you to complete your submission in a timely manner . Binoeraly,

John s . Dev111ars Regional Administrator Region I ate 0 . Wilson -1 'ting Msistant Adari :,istrator Office at Air and "dLatLon Cal Mambsra or Vobicla 6mlaiion Adv3 .sory committee

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Attachment II : NewHampshire Revised I/MAgreement Points