New Hampshire Motor Vehicle I/MSIP 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 X: Comments Received and DES Responses Regarding Draft SIP Posting

Prepared by: The New

Hampshire Department of Environmental Services

Concord, NH November 1, 2011

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 1New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011

Attachment X: Comments Received and DES Responses fromDraft SIP Posting A public comment period was held fromDecember 24, 2010 to February 11, 2011, with a public hearing held on January 28, 2011 . The Environmental Protection Agency (EPA) Region 1 submitted comments on both the preliminary draft submitted March 30, 2010, and more recently by letter dated January 27, 2011 on the draft open for public comment . Comments were also received from DMV on January 11, 2011 . This submission addresses all comments provided by EPA and DMV. No comments were received fromthe public . Comments received fromNH DMVand Region 1 EPA, and DES responses are compiled below .

Next 3 Pages EPA Region 1 Comments on Preliminary Draft State Implementation Plan Revision for

The State of New

Hampshire Motor Vehicle Inspection and Maintenance Program Submitted by DES on March 30, 2010 Comments Received by DES on May 17, 2010

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 2New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 1 CONGRESS STREET, SUITE 1100 BOSTON, MASSACHUSETTS 02114-2023 

## MAY i 22,110 Mike FitzGerald Air Resources Division NH Department of Environmental Services 29Hazen Drive, POBox 95 

### Concord, NH03302-0095 Dear Mr. FitzGerald: By email dated March 30, 2010, EPA Region 1 received a draft copy of the State of New Hampshire (NH) Motor Vehicle Inspection and Maintenance State Implementation Plan (SIP) revision developed by the state's Department of Environmental Services (DES) . NH DES is preparing this revision to reflect adopted changes to the state's motorvehicle inspection and maintenance (I/M) programand remain consistent with its SIP. We have reviewed the draft SIP revision and youwill find the Agency's comments in the Enclosure. We would like to thank you for the opportunity to provide feedback on this draft SIP revision andwe look forward to seeing a complete SIP submittal for New Hampshire's I/M

program . If you have any questions regarding this matter, please contact Ariel Garcia of my staff at 617-918-1660. Sincerely, Anne Arnold, Manager Air Quality Planning Unit cc: Chris Skoglund, NH DES Thomas Fargo, NH DES Becky Ohler, NH DES Enclosure

Toll Free " 1-888-372-7341 Internal : Address (URL) " http:lr'www .epa.govlregiont Recycled/Recyclable -Printed with Vegeiable Oil Based Inks on Recycled Paper (Minimum30°/6 Postconsumar)

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 3New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011



### EPAComments on Draft State Implementation Plan Revision for

The State of New

Hampshire Motor Vehicle Inspection and Maintenance Program 1) Page 9, General Comment : The document currently before EPAfor review contains only the I!M

SIP narrative. NH DES should ensure that the rules related to the NH I/M programbeing submitted as part ofthe IIM SIP revision, address comments previously provided by EPAand are consistent with federal I/M rule requirements. 2) Page 12 and Table 1 on Page 13: The Appendix IX Mobile 6 .2 input and output files referenced in this section are not included in the draft currently before EPA for review . However, the IlM

performance standard analysis (in contrast to an overall emissions reduction analysis) should be carried out irrespective of the geographic region ofthe program . That is, the MOBILE6 .2 input files used for such an analysis would be identical and only differ in that oneinput file contains the I/M program that is used to represent the low-enhanced program and the other input file contains the I/M program representative of NH's I/M program . Therefore, EPArecommends removing references to the "Three CountyArea" in this discussion. 3) Page 13, Table 1 : EPArecommends the I/M performance standard analysis also include emission factor estimates for Carbon Monoxide (CO) . NH's COmaintenance plan, approved on November 29, 2000 (65 Federal Register 71060), includes the New Hampshire Enhanced Safety Inspection (ESI) Program as a contingency measure . 4) Page 13 Section 3.1 #1 . : For clarity, and consistencywith 40 CFR 51 .353(c)(3) this should be revised to read

" . . .vehicles undergoing their initial fbefore repair) OBDII test in a given year in the Now

14ampshir-e pfegr-am

." 5) Page 14, Section 4

.1, 2°d Paragraph and Page 15, Section 4 .2, 2nd Paragraph: Please clarify the fee charged by the State for each inspection sticker, $3.25 according to page 14 and $2.50 according to page 15. 6) Page. 16, Section 6.1, 2"d Paragraph: Reference is made to the diesel opacity testing programapplying to all heavy-duty diesel-powered trucks. Please provide a gross vehicle weight rating (GVWR) for the "heavy-duty trucks" subject to this program, i .e. all vehicle with a GVWRof 8,501 pounds and greater can be considered "heavy-duty trucks" . Same paragraph: Please clarify the statement "Vehicles that can present proofof having passed an opacity test in New Hampshire or any state within theyear or can present . . ." Does "the year" refer to the calendar year or the previous 12 months?

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 4New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 

### 7) Page 17, Section 7.1 : MOBILE6 .2 input files were not provided with this draft I/M SIP revision narrative. Please submit the I/M anti-tampering programcommand input to verify that the anti-tampering parameters discussed in this section are being modeled. In New Hampshire, model year 1990 through 1995 light-duty vehicles (LDGV, LDGT1, LDGT2, LDGT3 and LDGT4) are inspected for : (1) air pump systemdisablement ; (2) catalyst removal ; (3) evaporative systemdisablement ; (4) PCV systemdisablement ; and (5) missing gas cap. The check for fuel inlet restrictor disablement (requiring catalyst replacement) is not currently modeled in New Hampshire MOBILE runs; however, we note that the fuel inlet restrictor check is mentioned in association with the check for the presence and proper fit ofthe gas cap. 8) Page 19, Section 11 .1 and Page 20, Section 12.1 : Contrary to the discussion in these sections, it is EPA's understanding that New Hampshire does not utilize registration suspension (revoking a vehicle's registration) should a vehicle become non-compliant with the State's emissions or safety inspection. If such a programis in place, New Hampshire should cite where in the State's rules the registration denial/suspension procedure is established. The I/M programneeds to have, at a minimum, an active registration denial systemin place (denial on registration renewal or denial of new registrations for'vehicles that are not in compliance with the I/M program) in order to meet the requirements of EPA's final rule for enhanced IIM . EPAwould like to discuss this issue with New

Hampshire further prior to formal proposal of the SIP revision. 9) Page 21, Section 13.1 : EPA encourages NH to continue to explore the possibility of incorporating covert audits into the I/M program . Covert audit practices may include visual inspections. However, EPA recommends dedicating initial resources to the more effective covert audit practices of using vehicle "set to fail" the OBDtest, as is required by 40 CFR5i .363(a)(4) and 40 CFR51 .354(c) . The use of covert vehicles can effectively be employed after the state's "triggers" analysis flags a potential problem . 10) Page 25, Section 21 .1 : EPArecommends NHre-evaluate current available options for remote sensing

. In operating an enhanced I/M program, remote sensing practices, as outlined by 40 CFR 51 .371, are essential for ensuring proper operation of the I/M 

### program . Remote sensing practices would assist in identifying ifthere is a widespread issue ofvehicles being operated out of compliance, and potentially only brought into compliance at the time of the vehicle's required annual inspection. 11) EPA suggests that NH consider including an emissions reductions estimate for the programin the SIP narrative.

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 5New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 DES Response to DMV Comments on Proposed State Implementation Plan Revision for

The State of New

Hampshire Motor Vehicle Inspection and Maintenance Program Received by DES as Word document w/ track changes January 11, 2011 DMV Comment 1 : Entire document; replace references to "Gordon-Darby" with "vendor" . Add "Vendor : Gordon-Darby, Inc." to definitions list, page 4 DES Response 1 : Requested substitutions have been made. DMV Comment 2: Section 1 .1, page 7 ; Replace "less than 85001bs. GVWR" with "less than 8501 lbs. GVWR" DES Response 2: The requested substitution has been made. DMV Comment 3: Section 2.2, page 9; The most recent revisions to Administrative Rules Part Saf-C 3222 went into effect on June 20, 2008 . DES Response 3: Two substitutions from2007 to June 20, 2008 have been made. DMV Comment 4: Section 4.1, page 12; Delete "There is a minimum charge to the inspection stations of $50 per month, which is paid by stations performing fewer than 11 inspections per month." DES Response 4: Text has been modified to reflect that inspection stations pay the vendor directly a fee of $50.00 per month or $5.15 per test, whichever is greater . DMV Comment 5: Section 4.2, page 12; Reference to "Highway Patrol and Enforcement Officers" should bejust "Enforcement Officers" . DES Response 5: The requested substitution has been made . DMV Comment 6: Section 6.1, page 13; References to a specific number ofvehicles being inspected in particular year should be removed, as this is reporting. Not sure if this belongs in the SIP submittal document . DES Response 6: The references to specific numbers ofvehicles subjected to testing have been removed. DMV Comment 7 : Section 6.1, page 13; Delete: "There are no exemptions fromNew Hampshire's OBD 11 inspection program

." DES Response 7 : This specific language has been removed. DMV Comment 8: Section 8.1, Page 15; Under subheading 1 . c., delete "owner" ; Under subheading 1 . a. and 2. b., replace "scan tool" with "test equipment" . DES Response 8: Requested changes have been made.

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 6New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 DMV Comment 9: Section 9.1, page 16; Under subheading 4., delete : "Windshield replacement facilities are provided with a safety-only NHOST systemto facilitate and ensure tracking of all stickers." DES Response 9: The change has been made. DES understands that stickers provided to windshield replacement facilities are tracked manually, outside the NHOST system . DVM Comment 10

: Section 10.1, page 16 ; Delete "NH does not issue waivers" and "A total of 52 waivers were provided in CY 2008 . In addition, 18 "Directors Certificates" were", and replace the latter with: ""Administrator's Certificates" are" DES Response 10

: Section 10.1 has been rewritten to better reflect practices set forth in Part Saf-C 3222.08 and programdata since 2007. DMV Comment 11 : Section 11 .1, pages 16 & 17; Need to add in to compliance rate . This seems to be reporting. DES Response 11 : This section has been clarified in response to comments fromEPA . DMV Comment 12: Section 11 . l, page 17; Delete section title and paragraph on "Enhanced Safety Inspection ProgramCompliance" DES Response 12: The section on "Enhanced Safety Inspection ProgramCompliance" has been revised to reflect the tampering detection and enforcement provisions of Part Saf-C 3222.04 and the limitations for compliance monitoring imposed by State lawRSA 266:1 VII-a (b) . DMV Comment 13: Section 12.1, page 18; Second paragraph, delete "including owner" DES Response 13: Requested change have been made DMV Comment 14: Section 13.1, page 19; Third paragraph, delete "1-day" and delete entire fourth paragraph regarding covert audits. DES Response 14: 1-day is deleted. Covert audits are a specific federal requirement, therefore this section has not been removed, but has been revised to reflect that the state will evaluate development ofa covert auditing programand may solicit proposals fromOBDvendors to performthis function. DMV Comment 15: Section 14.1, page 19 ; Replace "An inspector who performs an invalid inspection is normally given a criminal violation plus he/she is disciplined administratively ." with "An inspector who performs an invalid inspection and the station owner is disciplined administratively." DES Response 15: Requested changes have been made. DMV Comment 16: Section 14.1, page 19; Delete : "Following a hearing, they can be punished by 6 points on their driving record - the same points as a first-time DWI ." DES Response 16: Requested change has been made. DMV Comment 17: Section 17.1, page 20 ; First paragraph, delete "1-day" ; and second paragraph, delete "assuring the technical competence of inspection personnel ." DES Response 17: see changes made

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 7New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 DMV Comment 18: Section 17.1, page 21 ; Delete entire second and third paragraphs: DES Response 18: 40 CFR 51 .367 outlines required components for OBD inspector training and certification. The description needs to detail how the current DMV training programaddresses the requirements set forth in these EPA rules. The description has been edited, but the paragraphs have not been deleted. DMV Comment 19: Section 18.1, page 21 ; First paragraph, delete "diagnose and resolve the issues of the various customer types, which include" DES Response 19: language has been revised DMV Comment 20

: Section 18.1, page 21 ; Fourth paragraph, change hours and days of operation from "(6 AM to 9 PM, Monday through Saturday)" to "(8 AM to 6 PM, Monday through Friday)" DES Response 20: Requested changes have been made. DMV Comment 21 : Section 18.1, page 21 ; Fifth paragraph, replace "upon entry of a zip code location" with "listed by county" DES Response 21 : Requested changes have been made. DMV Comment 22: Section 19.1, page 22; Replace "National Association ofAutomotive Excellence" with "National Institute ofAutomotive Service Excellence (ASE)" DES Response 22: Requested changes have been made.

Attachment X : Comments Received and DES Responses Regarding Draft SIP Posting 8New Hampshire Motor Vehicle I/MSIP Revision New Hampshire Departments of Safety and Environmental Services May 12, 2011 DES Response to EPA Comments on Proposed State Implementation Plan Revision for

The State of New

Hampshire Motor Vehicle Inspection and Maintenance Program

February 16, 2011 EPA Comment 1 : Page 10, Tables 1 and 2: The modeling runs conducted using the MOBILE6.2 input files provided in Attachment VII, include COemissions in the modeling of the I/M programperformance standard analysis. EPA recommends the COemission factor results also be included in Tables 1 and 2. DES Response 1 : Tables 1 and 2 and the report text have been modified to include the COdata. Attachment VI has also been modified. EPA Comment 2: Page 13, Section 5.1 : To appropriately address the requirements of40 CFR 51 .355(b), we recommend including a list consisting oftest station names and addresses of stations participating in the decentralized program, as an Attachment to this I/M SIP submittal . DES Response 2

: Alist of all NH motor vehicle inspection stations that performOBDtesting is maintained on the httu ://www .nhinspect .com/website. Acopy ofthis list, downloaded on February 11, 2011 has been added as Attachment IX ofthe submittal . As of this date, NH had 1,818 inspection stations. EPA Comment 3: Page 14 and 15, Sections 6.2, 7.2, and 8.2: For consistency, we recommend making the appropriate reference to " Section 2.2" and " Saf-C 3222.03" . DES Response 3: The noted references have been expanded. EPA Comment 4: Page 16, Section 10.1 : "Hardship time extensions" are essentially waivers issued for a single inspection cycle. We recommend eliminating the first sentence that reads, "NH does not issue waivers" . Since later on in the same paragraph, reference is made to "Atotal of 52 waivers were provided in CY 2008." In addition, NHshould revise the NH I/M program's MOBILE 6.2 input file to reflect these waivers. Currently the waiver rate value is zero and the more realistic waiver rate should be used (for example rounding up to 0.5%or 1%)

. This small change in waiver rate should have no, or little, effect on the UM emission factors provided in the FM performance standard analysis on Page 10 and Table 1 . DES Response 4: DES has modified the language in this section to reflect the "economic hardship time extensions" and "Directors Certificates" that are provided by the Department of Motor Vehicles. MOBILE6.2 guidance defines the Command Function for UM Waiver Rates as a "Required record if I/M programis modeled, indicating percentage of vehicles failing initial 1/Mtest and do not have to pass a retest" . Relative to revising the MOBILE6.2 input files, the rate ofissuance ofthe economic hardship time extensions plus Directors Certificates, which combined represent those vehicles that do not have to pass a retest', was 0.018 percent in CY 2007, 0.056%in CY 2008, and 0.13 percent in CY 2009. Combined over the three year period, the rate of waiver issuance is 0.07% . DES changed NH's model input for I/M

waivers in MOBILE6.2 from0.0%to 0.5%(Attachment VII) . As discussed with EPA ' Per Mobile6

.2 guidance, the rate of waiver issuance (in percent) is calculated by adding the number of economic hardship wavers to the number of directors certificates, and then dividing by the number of vehicles failing the initial OBDtest, times 100 . Attachment X: Comments Received and DES Responses Regarding Draft SIP PostingNewHampshire Motor Vehicle I/MSIP Revision

NewHampshire Departments of Safety and Environmental Services May 12, 2011 Region 1 staff, this simulated waiver rate is conservatively greater than the observed waiver rate over the three years for which data are available. EPA Comment 5: Page 16, Section 10.1 : We recommend providing some reference to how NHaddresses vehicles on EPA's "Attachment D" vehicles list, which contains a list of problemvehicles recognized by EPA as having issues for OBDII testing. DES Response 5: The EPA maintains a list of vehicles that are recognized as "having readiness issues" . This Attachment Dlist exempts specific vehicles by make, model, and model year frommeeting certain OBDtesting parameters. Administrative agencies New Hampshire are restricted by state law(RSA 541- A) fromadopting rules by reference. Therefore, DMV has incorporated in Saf-C 3222.06 a list of vehicles exempted fromrejection criteria that is consistent with the EPA's Attachment Dlist . Language to reflect this has been incorporated into the SIP revision. EPA Comment 6: Page 16, Section 11 .1 : New Hampshire's I/M

regulation does not include registration suspension (revoking a vehicle's registration) should a vehicle become non-compliant with "the State's emission or safety inspection." As stated in Section 11 .1, paragraph 2, #2, "If, after 30 days, the fine has not been paid. . ." Registration suspension is the ultimate consequence only if a motorist is delinquent with the fine issued. A motorist can pay the fine, and continue driving a registered vehicle that is not in compliance with the State's emission or safety inspection. Therefore, in order to more appropriately characterize NH's program, we recommend re-phrasing the first sentence in Section 11 .1 to read: "New Hampshire's sticker-based enforcement programincorporates some attributes ofis essentiatly registration suspension, since the loss of registration (along with the suspension of the driver's license and the threat of arrest by way ofbench warrant) ' may be a consequence ofthe noncompliance." DES Response 6: DES has revised the language as suggested. EPA Comment 7 : Page 19, Section 13.1 : EPA encourages NHto continue to explore the possibility of incorporating covert audits into the UM program . DES Response 7 : DES is consulting with DMV and the Legislative OBDAdvisory Committee regarding incorporating covert audits in the NH UM programas part ofthe new vendors contract that would start in July 2012. Should such a programbe incorporated, DES will submit a SIP revision to reflect this change . At this time, however, it is the position of D1VN and DES that the current triggers analysis is as, if not more, effective than a covert audit programutilizing vehicle set to fail . EPA Comment 8: Page 23, Section 21 .1 : EPA recommends NHre-evaluate current available options for remote sensing. Remote sensing practices would assist in identifying ifthere is a widespread issue of vehicles being operated out of compliance, and potentially only brought into compliance at the time of the vehicle's required inspection. Therefore, we disagree with the statement made in the second paragraph of this section. For example, Massachusettes' I/M program, which is an annual testing program, includes a remote sensing component that continues to prove effective. DES Response 8: New Hampshire will continue to evaluate incorporation of a remote sensing in the state's I/Mprogramin conjunction with the legislative OBDAdvisory Committee. Should such a programbe incorporated, DES will submit a SIP revision to reflect this change .

Attachment X: Comments Received and DES Responses Regarding Draft SIP Posting 10