The State of New Jersey

Department of Environmental Protection

Proposed Revisions to the Enhanced Inspection and 

Maintenance (I/M) Program for the State of New Jersey

Proposed I/M Program Modeling and Revised 

Performance Standard Modeling 

SIP Revision

Appendix V

Public Participation

August, 2009
2

A public hearing on this SIP revision was held on Monday, June 8, 2009 at 10:00 a.m. at 

the NJDEP Building, Public Hearing Room (1st Floor) 401 East State Street Trenton, New 

Jersey. This hearing is being held in accordance with the provisions of the Air Pollution 

Control Act (1954), N.J.S.A. 26:2C; and the Administrative Procedure Act, N.J.S.A. 52:14B.

Written comments relevant to the proposal were accepted until the close of business, 

Friday, June 19, 2009. Notice of the hearing appeared in the April 20, 2009 edition of the 

New Jersey Register. In addition, timely notice of the hearing was published in six 

newspapers circulated in New Jersey at least 30 days prior to the hearing. Notices of the 

hearing and of the availability of the SIP revision was also mailed to interested parties.

Attachment A contains the notice announcing the availability of the proposed SIP 

revision and the hearing.

Attachment B contains the documentation of the notices that appeared in the 

newspapers and the New Jersey Register.

Attachment C contains the response to comment document.
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The State of New Jersey

Department of Environmental Protection

Proposed Revisions to the Enhanced Inspection and 

Maintenance (I/M) Program for the State of New Jersey

Proposed I/M Program Modeling and Revised 

Performance Standard Modeling 

SIP Revision

Appendix V Public Participation

Attachment A: Notice of Availability

August, 2009
4

New Jersey Department of Environmental Protection

NOTICE OF PUBLIC HEARING AND AVAILABILITY:

PROPOSED NEW RULES AND AMENDMENTS TO IMPLEMENT CHANGES TO 

NEW JERSEY’S MOTOR VEHICLE INSPECTION AND MAINTENANCE (I/M) 

PROGRAM 

N.J.A.C. 7:27-14, 7:27-15, 7:27A-3, 7:27B-4, and 7:27B-5

NOTICE OF PUBLIC HEARING AND AVAILABILITY:

PROPOSED REVISIONS TO NEW JERSEY'S STATE IMPLEMENTATION PLAN 

ADDRESSING NEW JERSEY’S MOTOR VEHICLE INSPECTION AND 

MAINTENANCE (I/M) PROGRAM 

Take notice that the New Jersey Department of Environmental Protection (Department) is proposing 

amendments and new rules to implement changes to New Jersey’s motor vehicle Inspection and 

Maintenance (I/M) program. This proposal also constitutes a proposed revision to the State’s I/M 

State Implementation Plan (SIP); a copy of the proposal has been forwarded to the United States 

Environmental Protection Agency (USEPA). A statement of the substance of the proposal follows:

The proposed rules will substantially amend the inspection requirements, standards and test 

procedures for both gasoline and diesel vehicles. These amendments are required to align 

Department regulations with the new inspection program design as agreed upon by the 

Department, the Motor Vehicle Commission, Treasury and the Office of Information Technology. 

The Department is proposing new rules and rule amendments to N.J.A.C. 7:27-14, 7:27-15, 

7:27B-4 and 7:27B-5 that implement these changes to the I/M program. The Department’s 

rulemaking coordinates with changes to the I/M laws and changes by the Motor Vehicle 

Commission to its I/M rules. 

These changes include the following:

o Emission tests will no longer require the use of a dynamometer. Emission tests will 

include On-Board Diagnostics (OBD), gas cap, visible smoke and two-speed idle tailpipe 

tests. The two-speed idle tailpipe test replaces both the ASM5015 and 2500 RPM tests.

o Repair cost waiver provisions have been removed.

o Gas cap testing is excluded for vehicles of model year 2001 and newer.

o Certain classes of commercial vehicles, limousines, taxis and jitneys will require annual 

(more frequent) inspection.
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o Light-duty diesel vehicles will be subject to emission testing. Model year 1997 and newer 

light-duty diesel vehicles will receive an OBD test and all light-duty diesel vehicles will be 

subject to a visible smoke test. 

o Emission test exemptions for alternative fuel and hybrid electric vehicles have been 

removed. These vehicles will be subject to the appropriate OBD or tailpipe test, as 

applicable.

In addition to the proposed amendments and new rules, the SIP revision includes an evaluation 

of the emission impacts of the proposed I/M program changes. The results indicate that there is 

no significant difference between the existing and proposed I/M programs in addressing the 

emissions of ozone precursors (VOCs and NOx). The proposed changes to the I/M program do 

not compromise the State’s efforts to meet and/or maintain National Ambient Air Quality

Standards (NAAQS) for ozone or carbon monoxide. This SIP revision also revises the State's 

enhanced I/M performance standard modeling to account for the proposed I/M program 

changes. This SIP revision shows that the State's proposed enhanced I/M program meets the 

applicable USEPA performance standard.

In an effort to better align and coordinate the Department’s enforcement of its anti-idling 

provisions for gasoline vehicles with the enforcement of its anti-idling provisions for diesel 

vehicles, the Department will amend the idling exemptions for gasoline vehicles and associated 

administrative penalties at N.J.A.C. 7:27A to substantially match, where appropriate, those 

exemptions and penalties already adopted for diesel vehicles. This will not fundamentally alter 

the existing three-minute idling standard, but will clarify the exemptions and revise the penalties.

The Department’s proposal will appear in the April 20, 2009 New Jersey Register. A copy of the 

proposal is now available for inspection, as described more fully below. A public hearing

concerning the Department’s proposal/proposed SIP revision is scheduled as follows:

Monday, June 8, 2009 at 10:00 a.m.

The NJDEP Building, Public Hearing Room (1st Floor)

401 East State Street

Trenton, New Jersey

This hearing is being held in accordance with the provisions of the Air Pollution Control Act(1954), 

N.J.S.A. 26:2C; and the Administrative Procedure Act, N.J.S.A. 52:14B. Written comments may be 

submitted by close of business Friday, June 19, 2009, to:

NJ Department of Environmental Protection

Alice A. Previte, Esq.

Attn: DEP Docket # 06-09-03/654

Office of Legal Affairs

P.O. Box 402

Trenton, New Jersey 08625-0402

The following are options for obtaining a copy of the proposal/proposed SIP revision:

1. Visit the DEP’s website at: http://www.nj.gov/dep/aqm, where Air Quality Management 

rules, proposals, adoptions and SIP revisions are available. The Department’s 

proposal/proposed SIP revision can be viewed or downloaded from the following url: 
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http://www.nj.gov/dep/aqm/whatsnew.htm.

2. Look for the Department’s proposal in the April 20, 2009 issue of the New Jersey

Register. 

3. Go and inspect the proposal/proposed SIP revision during normal office hours at any

of these locations:

DEP Public Information Center DEP Bureau of Enforcement

401 E. State Street, 1st Floor Northern Region

Trenton, New Jersey 08625 1259 Route 46 East

Parsippany, N.J. 07054-4191

DEP Bureau of Enforcement

Central Region DEP Bureau of Enforcement

Horizon Center, P.O. Box 407 Southern Region

Robbinsville, N.J. 08625-0407 2 Riverside Drive, Suite 201

Camden, N.J. 08103

DEP Bureau of Enforcement

Metropolitan Region Atlantic City Public Library

2 Babcock Place 1 North Tennessee Avenue

West Orange, N.J. 07052-5504 Atlantic City, N.J. 08401

Trenton Public Library Penns Grove/Carney’s Point Public Library

Association

120 Academy Street 222 South Broad Street

Trenton, N.J. 08608 Penns Grove, N.J. 08069

Newark Public Library New Brunswick Free Public Library

5 Washington Street 60 Livingston Avenue

P.O. Box 630 New Brunswick, N.J. 08901

Newark, N.J. 07102-0630

Ms. Ellen Calhoun

Burlington County Library Library of Science and Medicine, Rutgers University

3 Pioneer Blvd. and Woodlane Rd. P.O. Box 1029

Mt. Holly, N.J. 08060 Piscataway, N.J. 08855-1029

Joint Free Public Library Freehold Public Library

Morristown & Morris County 281⁄2 East Main Street

1 Miller Road Freehold, N.J. 07728

Morristown, N.J. 07960

Camden Free Public Library

Burlington City Library 418 Fredericks Street

23 West Union Street Camden, N.J. 08103

Burlington, N.J. 08016

Somerville Public Library
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Perth Amboy Public Library 35 W. End Avenue

193 Jefferson Street Somerville, N.J. 08876

Perth Amboy, N.J. 08861

Toms River Public Library

101 Washington Street

Toms River, N.J. 08753-7625

4. Request a copy of the proposal/proposed SIP revision by calling Willa Williams at (609) 

292-6722, by e-mailing her at willa.williams@dep.state.nj.us, or by mailing or faxing the 

attached form to her as indicated on the form.

IF YOU HAVE QUESTIONS: For more information about the Department’s rule proposal, 

please call our Bureau of Air Quality Planning at (609) 292-6722.
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MAIL OR FAX THIS RULE PROPOSAL REQUEST FORM TO:

Ms. Willa Williams

New Jersey Department of Environmental Protection

Air Quality Planning

401 E. State Street, 7th Floor

P.O. Box 418

Trenton, N.J. 08625-0418

phone: (609) 292-6722

fax: (609) 633-6198

willa.williams@dep.state.nj.us

 Please send me a copy of the Department's proposal of new rules and 

amendments to implement changes to the motor vehicle I/M program and 

proposed revision to the I/M SIP.

Name:

Organization:

Address:

Telephone:

 Please remove my name from the Air Quality SIP and rulemaking mailing list.

Please consider subscribing to our Air Rules Listserv to receive e-mail updates of all 

proposed Department rulemaking relating to air pollution control and changes to New 

Jersey's State Implementation Plan. Signing up is easy through our AIRRULES LISTSERV 

Info Page at http://www.state.nj.us/dep/baqp/airrules.html. 
The State of New Jersey

Department of Environmental Protection

Proposed Revisions to the Enhanced Inspection and 

Maintenance (I/M) Program for the State of New Jersey

Proposed I/M Program Modeling and Revised 

Performance Standard Modeling 

SIP Revision

Appendix V Public Participation

Attachment B: Documentation of the Notices that 

Appeared in the Newspapers and the New Jersey 

Register

August, 2009
2

This attachment includes the documentation of the notices that appeared in the 

newspapers and the New Jersey Register. This documentation is only available 

in hardcopy format.
The State of New Jersey

Department of Environmental Protection

Proposed Revisions to the Enhanced Inspection and 

Maintenance (I/M) Program for the State of New Jersey

Proposed I/M Program Modeling and Revised 

Performance Standard Modeling 

SIP Revision

Appendix V Public Participation

Attachment C: Response to Comment Document 

August, 2009
2

Documentation of the comments received and associated responses is provided in the NJDEP 

rule documents.