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 II : 

New Hampshire Revised I/M Agreement Points 

Prepared by: 

The New Hampshire Department of Environmental Services 

Concord, NH 

November 1, 2011 

1 'D- EPARTMENT OF 

- 

Environmental 

5ervices 

Attachment I1 : New Hampshire Revised I/M Agreement Points 1 
New Hampshire Motor Vehicle I/M SIP Revision 

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

Overview 

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, due to the 

low volume of vehicles in the state and the high cost of conducting a full tailpipe testing program, in 

1998 New Hampshire submitted an Alternative Motor Vehicle I/M State Implementation Plan (SIP) . The 

Alternative I/M SIP demonstrated superior environmental benefits through implementation of an 

Enhanced Safety Inspection (ESI) program that provided for a visual anti-tampering inspection for 

vehicles newer than 20 model years old, implementation of an On Board Diagnostics ("OBD II") 

inspection program through out the entire state upon finalization of federal OBD II program rules, 

implementation of a roadside diesel opacity testing program for heavy-duty diesel vehicles (i .e ., greater 

than 10,000 Ibs . GVWR), and permanent emission reductions from a large in-state power plant. The I/M 

program provisions were codified in state statute by House Bill ("HB") 1513 (Attachment III) in June 1998 

and the Environmental Protection Agency 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 of the 

Revised I/M. The EPA has been informed of all modifications . 

Status of Revised I/M Ap-reement Points 

New Hampshire'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), New Hampshire 

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 program prescribed by EPA's low-enhanced I/M performance 

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 from EPA is documented in a 

letter from Dick Wilson and John DeVillars dated January 30, 1998 (reproduced as Attachment 2 to this 

Attachment) . 

The following is a restatement of the "Revised I/M Agreement Points" agreement originally reached 

between DES/DOS and EPA on January 23, 1998 and revised January 30, 1998 with a commentary on the 

status of each point. 

1 . New Hampshire will implement an ESI Program statewide consisting of the following components 

(consistent with the November 13, 1997 letter from DES to EPA Region I): 

1 .1 . Visual check for the presence of the catalytic converter. 

1 .2 . Visual check for the presence and proper fit of the gas cap and fuel inlet restrictor. 

1 .3 . Visual check for the presence of the positive crankcase ventilation (PCV) valve and proper hose 

configuration on vehicles so equipped. 

1 .4 . Visual check for the presence and proper operation of the air injection pump/pulse air systems 

on vehicles so equipped. 

Attachment II : New Hampshire Revised I/M Agreement Points 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire 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 NH Code 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 program to 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, PCV valve, and/or the air injection pump/pulse air system with visual checks of the exhaust 

gas recirculation ("EGR") system and/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 

disallow motorists from dispensing leaded gasoline into their vehicles, 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 New Hampshire 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 3220 with 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 Air Act when 

required by EPA. Until such time as the O8D 11 checks are required, New Hampshire will perform the 

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 program became 

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 40 CFR 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/M Agreement Points 3 
New Hampshire Motor Vehicle I/M SIP Revision 

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

3. New Hampshire will initiate a pilot program to examine failures of the oxygen sensor for pre-OBD ll 

vehicles using a combination of an OBD I malfunction indicator light illumination check coupled with 

a visual/voltage meter functional check of the oxygen sensor and vehicle characteristics. This pilot 

program will trigger the inclusion of an oxygen sensor check in the inspection of pre-OBD 11 vehicles, 

unless it is determined from the pilot program that 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 program to identify the effectiveness 

of functional 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. The functional checks and program provisions 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 25 years 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 for vehicles manufactured in the late 1970's are difficult, 

if not impossible, to locate . In addition, certain vehicle models from the 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 Motor Vehicle I/M SIP 

Revision submitted in 1998, to utilize the substitution provision within HB 1513 to change the earliest 

model year subject to the ESI from 1975 to 1980. The statewide ESI program was implemented in 1999 

for 1980 and newer vehicles . This program has continued since that time, with a legislative revision to 

the program in HB 513 in 2005. This modification exempted vehicles 20 or more model years old from 

the ESI program . Determination of eligibility is made subtracting the model year of the vehicle from the 

calendar year 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 Program detailed in Sections 1-

IV above will take place no later than January 1, 1999. 

Attachment II : New Hampshire Revised I/M Agreement Points 
New Hampshire Motor Vehicle I/M SIP Revision 

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

Comments : 

HB 1513 specifically called for a start date for the ESI Program of January 1, 1999. The statewide ESI 

program was first implemented in 1999 for 1980 and newer vehicles and the program has continued 

since that time, with the modifications through HB 1293, as noted above, to only affect those vehicles 

newer than 20 model years old . 

6. In addition, a roadside diesel opacity testing program utilizing the SAE J1667 ("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 NH Code of Administrative Rules 

Chapter Saf-C 5800 (Attachment V). The rules for the diesel opacity program became effective January 1, 

1999 . Further, New Hampshire has worked collaboratively with other NESCAUM states to establish 

common diesel opacity testing procedures and reciprocity between states . 

7. In addition, aside from any tons set aside to provide for economic development, New Hampshire 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 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 from W. T. Frain, Jr ., to House Chairman 

Jeb E. Bradley, and the February 20, 1998 letter from Robert 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 ., OTC NOx MOU -

Phase II), the State set aside (from its 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/M Agreement Points 5 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire 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 3200 for 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, 100 tons will be set aside each year for I/M until 

I/M requirements 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 from the level specified in 

the State's 1999 SIP, and a reduction of at least 874 and 3,608 tons from actual 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, PSNH was 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 from these units by an additional 

1096 (from 5596 to 65% reduction) in 1999. 

Comments: 

The lines for zone delineations in the OTC NOx MOU were established in 1994 when the MOU was 

released . At that time, New Hampshire'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 

New England. New Hampshire 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/M Agreement Points 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services 

Attachment 1 to Attachment II 

"Revised I/M Agreement Points" 

January 30, 1998 

REVISED UM AGREEMENT POINTS 

Originally Reached Between NHDES/NHDOS and tJSEPA on January ?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 from DES 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 perform the visual inspections listed in Section I on all applicable vehicles. 

III. New Hampshire will initiate a pilot program to examine failures of the 

oxygen sensor for pre-OBD II vehides using a combination of an OBD I 

malfunction indicator light illumination check coupled with a 

visual/voltage meter functional check and vehicle characteristics. This 

pilot program will trigger the inclusion of an oxygen sensor check in the 

inspection of pre-OBD II vehicles, unless it is determined from the pilot 

program that 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 program provisions detailed in Sections I - III 

above are not intended to apply to antique vehicles . 

V. Implementation of the New Hampshire Enhanced Safety Inspection 

Program detailed in Sections I - N above will take place no later than 

January 1, 1999. 

VI. In addition, a roadside diesel opacity testing program utilizing the SAE J1667 ("Snap Idle") test procedure will be implemented. 

Attachment II : New Hampshire Revised I/M Agreement Points 
New Hampshire Motor Vehicle I/M SIP Revision 

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

VII. In addition, aside from any tons set aside to provide for economic 

development, New Hampshire 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 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. 

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 from these units by an additional 10%a 

(from 55% to 65% reduction) in 1999. 

Attachment II : New Hampshire Revised I/M Agreement Points 
New Hampshire Motor Vehicle I/M SIP Revision 

New Hampshire Departments of Safety and Environmental Services 

Attachment 2 to Attachment II 

Letter from Dick Wilson and John DeVillars 

~ January 30, 1998 

UNrMV STATES ENVIRONMENTAL PROTECTION AGENCY 

WABH)NQTON, D.G . 2048a 

Representative job a . Bradley 

Logislative Office Building 

Room 304 

concord, Raw Hampshire 07101 

Door Reprrsentstive Dtadleyr 

January 30, 2.99e 

May 12, 2011 

OpFrCf OF 

Aak a+an WIA i wH 

As you know, va have worked for some time of bnviroamental with the Now Hampshire )}vyartlnante aarvioae and Safety to come meeting the atata~s 

to apreement on a proposal for clean Air Act obligation 

end msintsnsnos (I/M) to Implement a vehicle inspection 

titled 

Program. We .underatand that the attached dooumqnt 

Hampshire,* 

-Revised 

ourrent 

Z/n Agreement Points-? dated January 30, 2998 represents Nev 

this proposal . 

proposal for meoting this obligation . We have reviewed 

IPA 

meet 

believe* that submission and implementation o! the proposed program would Now Hampshire's Obligation for an I/K program provided that 1) legislation needed to fully implement the program are panned this legislative session, 

adopted and 

and 2) that all regulations necessary to implement this program are submitted to EPA as expeditiously as Now $atnpshire " s Administrative 

will 

Procedures Act permits . of course we also expsoc the program 

enforcement 

be implemented in a manner consistent with iPA regulations, such ae and administrative requirements . Upon submission of these measures am a SIP revision, mpA kill work expeditiously to stop the a,u,a 6, 

by 

29s,? 

August 

inspection/ maintenance sanctions clock . ~aubrniesxoa of this a2a revision of 1A88 will ensure that the sanctions clock do** not expi,rs . 

?he measures Proposed. In the "Asvissd t/M Agreament 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 

quality 

vehicle program, vill go a long way toward ensuring attainment of air 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 

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Attachment II : New Hampshire Revised I/M Agreement Points