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



 

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.

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

 

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 

  SEQ CHAPTER \h \r 1 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:

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.

Repair cost waiver provisions have been removed.

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

Certain classes of commercial vehicles, limousines, taxis and jitneys
will require annual (more frequent) inspection.

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. 

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:   HYPERLINK "" 
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:   HYPERLINK "" 
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		28½ 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

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.



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   HYPERLINK "" 
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



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

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

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