# The State of New**Jersey**

**Department of Env ironmental Protection** 

**Proposed Rev isions to the Enhanced Inspection and**  **Maintenance (I/M) Program for the State of New Jersey**  **Proposed I/M Program Modeling and Rev ised**  **Performance Standard Modeling**

**SIP R ev**  **ision Ap**  **pendix V Public Participation** 

**Au gust**  **, 200 9** 

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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 (1 st 

### Floor) 401 East State Street Trenton, New Jersey. This h earing 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. Wr itten comments relevant to the proposal were accepted until the close of business, Frid ay , June 19 , 200 9

. N otice of the hearing appeared in the April 20 , 200 9 edition of the New Jersey Register. I n addition, timely notice of the hearing was published in six newspapers circulated in New Jersey at least 30 days prior to the hearing. N otices 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 n otices 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 Env**  **ironmental Protection**

**Proposed Rev isions to the Enhanced Inspection and**  **Maintenance ( I/M) Program for the State of New** **Jersey Proposed I/M Program Modeling and Rev**  **ised Performance Standard Modeling** 

**SIP Rev ision** 

**Ap pendix V**  **Public Participation At** **tachment A : Notice of A**  **va ilability**  **Au gust**  **, 200 9** 

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## New Jersey Department of Environmental Protection **NOT ICE OF PUBLIC HEA** **RING A ND A**  **VA ILA** **BILIT Y:**  **PROPOSED NEW RULES A ND A** **MENDMENTS TO IMPLEMENT CHA NGES TO**  **NEW JERSEY’S MOTOR VEHICLE INSPECTION A ND MA** **INTENA NCE (I/M)**  **PROGRA M**  **N.J.A .C. 7:27**  **- 14, 7:27**  **- 15, 7:27A** **- 3, 7:27B**  **- 4, and 7:27B**  **- 5**  

## NOT **ICE OF PUBLIC HEA RING A** **ND A VA** **ILA BILIT** **Y: PROPOSED REVISIONS TO NEW JERSEY'S STA**  **TE IMPLEMENTA**

**TION PLA N**  **AD DRESSING NEW JERSEY’S MOTOR VEHICLE INSPECTION A**  **ND**

**MA INTENA**  **NCE (I/M) PROGRA M**  Take notice that the New J ersey D epartment 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). As tatement 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, Treasu ry 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 dy namometer. Emission tests will include On - Board Diagnostics (OBD), gas cap, visibl e 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 classe s 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 li ght- duty diesel vehicles will be subject to a visible smoke test. o Emission test exemptions for alternative fuel and hy brid electric vehicles have been removed. These vehicles will be subject to the appropriate OBD or tailpipe test, as applicable. In addi tion 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 NO x ). 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 rev ision 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 a nd 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 cl arify the exemptions and revise the penalties. The Department’s proposal will appear in the **Ap ril 20, 2009**  New Jersey Register. A copy

of the proposal is now available for inspection, as described more fully b elow. 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 (1 st Floor) 401 East State Street Trenton, New Jersey This hearing is being held in accordance with the provision s of the Air Pollution Control Act(1954), N.J.S.A. 26:2C; and the Administrative Procedure Act, N.J.S.A. 52:14B. W ritten comments may b e 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 follow**  **ing are**  **options for**  **obtaining a**  **copy o**  **f the**  **proposal/proposed SIP**  **revision: 1.**  Visit the DEP’s website at: http://www.nj. gov/dep/aqm , where Air Quality M anagement rules, proposals, adoptions and SIP revisions are available. T he 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 **Ap ril**  **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 Regio n 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 We st 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 W ashington St reet 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 W oodlane 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

L ibrary 418 Fredericks Street 23 W est 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 Pub lic Library 101 W ashington Street Toms River, N.J. 08753 - 7625 **4.** Request a copy

o f the proposal/proposed SIP revision by c alling Wi lla Wi lliams at (609) 292 - 6722, by

e - mailing her at willa.williams@dep.state.nj.us, or by m ailing or faxing the attached fo rm to her as indicated on the form. **IF YOU HA**

**VE 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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**X THIS RULE PROPOSA L REQUEST FORM TO:**  Ms. W illa W illiams New Jersey

Department of Environmental Protection Air Quality

Planning 401 E. State Street, 7 th 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. S igning up is easy t hrough our AIRRULES LISTSERV Info Page at http://www.state.nj.us/dep/baqp/airrules.html

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# The State of New**Jersey**

**Department of Env ironmental Protection**  **Proposed Rev isions to the Enhanced Inspection and**  **Maintenance (I/M) Program for the State of New Jersey**  **Prop osed I/M Program Modeling and Rev**  **ised Performance Standard Modeling** 

**SIP Rev ision**  **Ap pendix V**  **Public Participation**

**At tachment B**  **: Documentation of the Notices that Ap**  **peared in the New spapers and the New** **Jersey**

**Register**

**Au gust**  **, 200 9** 

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**This attachment includes the documentation of the notices that appeared in the new**  **spapers and the New Jersey**  **Register. This documentation is only available**  **in hardcopy**

**format.**

# The State of New**Jersey**

**Department of Env ironmental Protection**  **Propos ed Rev**  **isions to the Enhanced Inspection and Maintenance (I/M) Program for the State of New** **Jersey Proposed I/M Program Modeling and Rev**  **ised Performance Standard Modeling** 

**SIP Rev ision**  **Ap pendix V**  **Public Participation**

**At tachment C**  **: Response to Comment Document** 

**Au gust**  **, 200 9** 

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