ENVIRONMENTAL PROTECTION 

ENVIRONMENTAL REGULATION 

OFFICE OF AIR QUALITY MANAGEMENT 

Motor Vehicle Inspection and Maintenance

Proposed Amendments: 	N.J.A.C. 7:27-14.1 through 14.6, N.J.A.C.
7:27-15.1, 15.3, and 15.5 through 15.8, N.J.A.C. 7:27A-3.10, N.J.A.C.
7:27B-4.1 through 4.4 and 4.6, N.J.A.C. 7:27B-5.1, 5.2, 5.4, and 5.6
through 5.9      

Proposed Repeal:		N.J.A.C. 7:27B-5.5 

Proposed New Rules:	N.J.A.C. 7:27B-4.7 and 4.8 

Authorized by: 		Mark N. Mauriello, Acting Commissioner, Department of
Environmental Protection 

Authority: 			N.J.S.A.  13:1B-3(e), 13:1D-9, 26:2C-8 et seq.,
specifically 26:2C-8 through 8.5, and 8.11 and 39:8-41 et seq.;
specifically 39:8-41 through 58.

Calendar Reference: 		See Summary below for explanation of exception to
calendar requirement.

DEP Docket Number: 	06-09-03/654

Proposal Number: 		PRN 2009-

A public hearing concerning this proposal and a proposed State
Implementation Plan (SIP) revision will be held on June 8, 2009 at
10:00am 

New Jersey Department of Environmental Protection 

Hearing Room, 1st  Floor 

401 East State Street 

Trenton, New Jersey 

Directions to the hearing room may be found at the Department’s
website address   HYPERLINK "http://www.state.nj.us/dep/where.htm" 
http://www.state.nj.us/dep/where.htm .

Submit written comments by [60 days after publication], to: 

Alice A.  Previte, Esq.  

Attn: DEP Docket No.   06-09-03/654

Office of Legal Affairs 

New Jersey Department of Environmental Protection 

401 East State Street, Fourth Floor 

PO Box 402 

Trenton, NJ 08625-0402 

Written comments may also be submitted at the public hearing.   It is
requested (but not required) that anyone providing oral testimony at the
public hearing provide a copy of any prepared text to the stenographer
at the hearing.

The Department of Environmental Protection (Department) requests that
commenters submit comments on diskette or CD, as well as on paper.  
Submittals on disk or CD must not be access-restricted (locked or
read-only) in order to facilitate use by the Department of the
electronically submitted comments.  Submittal of a diskette or CD is not
a requirement.   The Department prefers Microsoft Word 6.0 or above.  
Macintosh formats should not be used.   Each comment should be
identified by the applicable N.J.A.C. citation, with the commenter’s
name and affiliation following the comment.	

	This rule proposal can be viewed or downloaded from the Department’s
web site at http://www.state.nj.us/dep.

The agency proposal follows:

Summary

As the Department has provided a 60-day comment period on this notice of
proposal, this notice is excepted from the rulemaking calendar
requirements pursuant to N.J.A.C. 1:30-3.3(a)5.

The Department is proposing new rules and amendments at N.J.A.C.
7:27-14, Control and Prohibition of Air Pollution from Diesel-Powered
Motor Vehicles, and 7:27-15, Control and Prohibition of Air Pollution
from Gasoline Fueled Motor Vehicles; 7:27A, Air Administrative
Procedures and Penalties; and 7:27B-4, Air Test Method 4: Testing
Procedures for Diesel-Powered Motor Vehicles, and 7:27B-5, Air Test
Method 5: Testing Procedures for Gasoline-Fueled Motor Vehicles, to
update the motor vehicle emission tests and standards for both gasoline
and diesel vehicles.  These proposed rules part of a new motor vehicle
inspection and maintenance (I/M) program developed by the Department,
the Motor Vehicle Commission (MVC) and the Department of Treasury.   The
MVC is proposing new rules and amendments related to the I/M program,
elsewhere in this issue of the New Jersey Register.   

For gasoline-fueled vehicles, the proposed amendments at N.J.A.C.
7:27B-5 establish a new exhaust emission test that will replace two
different exhaust emission tests currently in use.   The new test will
measure exhaust emissions in a manner similar to existing tests, but
will not require the use of dynamometers, which are being phased out of
the inspection program.   The On Board Diagnostics (OBD) test at
proposed amended N.J.A.C. 7:27-15 and 7:27B-5 expands the failure
criteria to include additional malfunctions that will result in
additional failures.   Proposed amended N.J.A.C. 7:27-15 excludes
vehicles of model year 2001 and newer from gas cap testing.   The option
for vehicles to comply with public highway and inspection standards by
meeting provisions of a repair cost waiver is proposed to be removed.  
Proposed amended N.J.A.C. 7:27-15 aligns the idle standard exemptions
with recently adopted changes to similar rule text at N.J.A.C. 7:27-14
for diesel vehicles.  The Department also proposes to amend the
administrative penalties at N.J.A.C. 7:27A for gasoline vehicle idling,
in order that the penalties are comparable to the penalties for diesel
vehicles.

For diesel-powered vehicles, the proposed rules at N.J.A.C. 7:27-14 and
7:27B-4 establish new requirements, tests and standards for light-duty
diesel vehicles.   All light-duty diesel vehicles will be subject to a
visible smoke test, and model year 1997 and newer light-duty diesel
vehicles will additionally be subject to an OBD test.   The visible
smoke test and OBD test applied to light-duty diesel vehicles will be
generally consistent with those tests as applied to gasoline vehicles.

In addition to the new rules and amendments described above, the
Department proposes to streamline test procedures and specifications.

Background

In 1974, New Jersey’s was among the first I/M programs in the nation
to implement mandatory emissions testing for motor vehicles, primarily
in response to the Clean Air Act of 1970.  Early generations of this
vehicle testing program were basic I/M programs that relied for the most
part on exhaust emission testing using an idle test.  New Jersey’s I/M
program remained largely unchanged, with only minor updates in equipment
and test standards, from 1974 until 1999.

The Clean Air Act Amendments of 1990 required that areas in serious
nonattainment of National Ambient Air Quality Standards (NAAQS) for
certain criteria pollutants implement an “enhanced” I/M program.  
The United States Environmental Protection Agency (USEPA) followed with
regulations in 1992 that prescribed the required elements of an enhanced
I/M program.   The Department first promulgated rules to implement an
enhanced program in 1995.   This was followed by a series of amendments
that further modified and defined the program.   The enhanced I/M
program began testing vehicles in December 1999 and included such major
changes as dynamometer-based ASM5015 testing and gas cap testing.   In
2003, OBD testing was added for newer vehicles.  

The existing New Jersey inspection program is a hybrid design, with both
test-only and test-and-repair facilities.  Motorists may choose to have
their vehicles inspected at either a contractor-operated Centralized
Inspection Facility or at a licensed Private Inspection Facility.  
There are 29 Centralized Inspection Facilities and approximately 1,167
Private Inspection Facilities in the State.   The operator of the
Centralized Inspection Facilities, which are all test-only, does so
under contract with the State.   Each Private Inspection Facility is
independently owned and operated, and is often located in a service
station which provides both test and repair services.   Both types of
facilities may perform safety and emissions inspections of all light and
heavy duty gasoline-fueled vehicles and safety inspections of all
light-duty diesel vehicles.  Emission-related repairs may be performed
by the vehicle owner or a registered Emission Repair Facility.  This
hybrid program design provides for inspection of light-duty and
heavy-duty gasoline vehicles and light-duty diesel vehicles.  Heavy-duty
diesel vehicles are inspected for emissions only at independently-owned
and licensed Diesel Emission Inspection Centers.  

OBD technology has been installed in light-duty gasoline vehicles since
model year 1996, and is available in more than 80 percent of the
vehicles subject to the State’s I/M program.  More I/M programs around
the nation are moving toward OBD testing as the sole indicator of
vehicle emissions compliance.  New technologies are also under
development to make OBD testing more convenient to motorists. 
OBD-equipped vehicles monitor the status of emission controls and engine
performance, alerting the driver via a dashboard indicator if there is a
malfunction.   An OBD inspection consists of connecting inspection
equipment to the vehicle using a standardized connector and checking for
malfunctions using the vehicle computer.  

As part of its process for issuing a request for proposals for a new
contract for the I/M program, MVC retained a consultant, MACTEC Federal
Programs (MACTEC), to assist it in evaluating the I/M program.   MACTEC
conducted a study of both emissions and safety testing methods and
explored new and emerging inspection technology.  MACTEC also conducted
a survey of other inspection programs and coordinated several
stakeholder meetings with affected parties within New Jersey.  The
stakeholder meetings included representatives from multiple State
agencies, law enforcement, safety and emission test equipment
manufacturers, inspection contractors, labor unions, citizens groups,
Private Inspection Facility owners, automotive training providers and
the general public.   MACTEC’s findings were provided to MVC in a
Final Report on January 3, 2007.  (The MACTEC report is available at  
HYPERLINK "http://www.nj.gov/mvc/About/reports.htm" 
http://www.nj.gov/mvc/About/reports.htm . )  The MACTEC Final Report, by
design, did not make recommendations, but provided a thorough analysis
of the issues and options from different perspectives.  Among the
considerations were environmental benefit, cost to the State, cost to
motorists, impact on stakeholders and feasibility.  The State (through
the Department of Treasury) then issued a request for proposals from
vendors to operate the I/M program.

The State convened a multi-agency evaluation committee to review and
examine the proposals.   The committee carefully examined all technical
aspects of all proposals, considered and analyzed the costs, and awarded
the contract to Parsons Commercial Technology Group, Inc., to operate
the I/M program.   The proposed rules relating to the I/M program are a
direct result of the contract process, including the meetings with
stakeholders, the MACTEC report, and the decisions of the evaluation
committee.   The proposed rules are intended to minimize the impact on
the largest number of stakeholders, contain costs to the State and
motorists, and still deliver equivalent environmental benefits and
inspection services as the existing I/M program.

 The Department is also proposing amendments to consolidate, clarify and
harmonize the rules among subchapters.  A description of the proposed
amendments and new rules follows.

N.J.A.C. 7:27-14 Control and Prohibition of Air Pollution from
Diesel-Powered Motor Vehicles

N.J.A.C. 7:27-14.1 Definitions 

The Department is proposing to delete the definitions of “blue
smoke” and “black smoke” as these terms are not used in the
proposed amended rules.  

The Department is proposing definitions for “data link connector” or
“DLC,” “diagnostic trouble code” or “DTC,” “malfunction
indicator light” or “MIL,” and “OBD-eligible.”  These terms
are used in reference to OBD testing.  The Department also proposes a
definition for the term “on board diagnostic” or “OBD.”  The
proposed definitions for data link connector and malfunction indicator
light are identical to the existing definitions for those terms at
N.J.A.C. 7:27B-5 for OBD testing of gasoline-fueled vehicles.  The
definitions for diagnostic trouble code and on board diagnostic are
identical to those proposed at N.J.A.C. 7:27-15.1.   The on board
diagnostic system of a motor vehicle stores a diagnostic trouble code
when it detects a malfunction of a system or component.  The malfunction
will also cause the on board diagnostic system to illuminate the
malfunction indicator light.  The inspector can retrieve the diagnostic
trouble code by inserting an analyzer to the data link connector.

As part of the proposed I/M program, diesel vehicle testing will become
an integral part of the vehicle inspection information system, rather
than a standalone testing component.  The equipment used for diesel
testing will be integrated into the I/M information system. This change
in diesel testing from standalone equipment to equipment that is
connected into the I/M information system requires an amended definition
of the testing equipment.  The Department is proposing a definition for
“diesel emission testing equipment” that is based on the existing
definition of “motor vehicle testing equipment” at N.J.A.C.
7:27-15.1 for gasoline vehicle testing equipment.  The differences
between the existing and proposed definitions reflect the different
equipment used for testing diesel vehicles versus gasoline vehicles.  

In recent years, owners or operators of diesel vehicles have installed
emission control devices that were not on the vehicle when it left the
factory.  The Department is proposing to broaden the definition of
“emission control apparatus” to include such retrofit devices.  Any
regulations that reference emission control apparatus, such as the
prohibition against tampering at N.J.A.C. 7:27-14.3, would also pertain
to retrofit devices.   The Department is also proposing to amend the
definition of “retrofit device” to make the definition clearer and
more specific.  The proposed definition no longer distinguishes between
an on-road diesel vehicle and off-road diesel equipment.

The proposed definition of “EPA Memorandum 1A” is the same as the
definition of the term at N.J.A.C. 7:27-15.1.  The term is used in
proposed amended N.J.A.C. 7:14.3(e), which allows modifications to an
emission control apparatus or element of design only if it is in
accordance with EPA Memorandum 1A.

N.J.A.C. 7:27-14.2 Applicability

As discussed above, the new I/M program will include the testing of
light-duty diesel vehicles that were previously exempt from emissions
testing.  The Department proposes to delete N.J.A.C. 7:27-14.2(c), which
exempted light-duty diesel vehicles from the test requirements at
N.J.A.C. 7:27-14.5, and the inspection standards at N.J.A.C. 7:27-14.6. 
 As a result, light-duty diesel vehicles are subject to the proposed
test requirements and inspection standards.

N.J.A.C. 7:27-14.3 General prohibitions

The Department is proposing to amend the general prohibitions against
tampering with emission control devices on diesel vehicles at N.J.A.C.
7:27-14.3.  The amended rule does not consider devices or modifications
that are exempted by the USEPA or the California Air Resources Board  to
be unlawful tampering.   The USEPA and the California Air Resources
Board exempt from the prohibition of tampering those engine and vehicle
modifications that have been determined, either by laboratory testing
and/or engineering evaluation, to not cause the vehicle to emit excess
pollutants.   These exemptions are consistent with the similar exemption
for gasoline vehicles at existing N.J.A.C. 7:27-15.7.   This proposed
amendment will allow owners to install some aftermarket devices to
regulated vehicles, but will continue to prohibit aftermarket devices
that increase emissions.

  

N.J.A.C. 7:27-14.4 General public highway standards

The Department proposes to amend N.J.A.C. 7:27-14.4(a)4 to specify that
an emission control apparatus or element of design includes those
installed on the exhaust system.   This proposed amendment reflects
changes in diesel vehicle technology that now includes aftertreatment
devices, typically mounted in the exhaust systems of the vehicles.  The
Department already inspects aftertreatment devices; however, the
amendment provides direction to vehicle inspectors and enforcement
personnel who might otherwise overlook exhaust system components during
an inspection or investigation.  

N.J.A.C. 7:27-14.5 Test requirements

N.J.A.C. 7:27-14.5(a) is proposed to be amended to specify that the
smoke opacity tests performed as part of the roadside enforcement
program established under N.J.S.A. 39:8-64 and 13:20-46 apply only to
heavy-duty diesel vehicles, defined at N.J.A.C. 7:27-14.2, and not to
light-duty diesel vehicles or to diesel buses.  

The Department is proposing to amend N.J.A.C. 7:27-14.5(a) to require
existing diesel emissions tests to be conducted utilizing diesel
emissions testing equipment.  Only testing equipment that meets the
requirements of N.J.A.C. 7:27B-4.2(d) and 4.6 qualifies as “diesel
emissions testing equipment” under the proposed new definition.  The
existing rule does not specify the test equipment to be used for each
test, since the existing tests are conducted with a standalone
smokemeter.  The new inspection program will require that heavy-duty
diesel vehicles be tested with equipment that meets more stringent
requirements.  All diesel emissions testing equipment for the new I/M
program will be provided by a single equipment vendor.  Facilities
licensed by the MVC to perform official inspections will be provided
with information regarding how to obtain approved testing equipment.  

The Department proposes to simplify the applicability of the power brake
smoke opacity test at N.J.A.C. 7:27-14.5(a)3 by removing the medium or
high speed engine qualifier.   Under the existing rule, only those
diesel-powered motor vehicles with a medium or high speed engine and an
automatic transmission could be tested with the power brake smoke
opacity test.   Under the proposed amended rule, any heavy-duty diesel
vehicle with an automatic transmission would qualify for the power brake
smoke opacity test, regardless of engine type.  The proposed amendment
gives diesel inspectors greater flexibility in applying smoke opacity
test procedures by expanding the category of vehicles eligible for the
power brake test.  The proposed amendment also makes it easier for an
inspector to select the appropriate test, because the inspector no
longer must determine the maximum governed engine speed of a heavy-duty
diesel vehicle with an automatic transmission.

At N.J.A.C. 7:27-14.5(a)4, the Department proposes deleting the visible
black smoke screening test requirement.  The Department proposes a
similar amendment at N.J.A.C. 7:27B-4.3.   A well-maintained and
properly tuned diesel engine should not emit smoke of any color in the
exhaust, except for very short puffs of black smoke during acceleration,
deceleration, or change of engine speed.  Because the Department has
proposed, as part of its amendments to the Diesel Powered Motor Vehicle
Inspection and Maintenance Program, to amend the public highway standard
at N.J.A.C. 7:27-14.4(a) to prohibit visible smoke of any color (see 40
N.J.R. 3541(a)), a separate visible smoke screening test for roadside
enforcement will no longer be required.  

Existing N.J.A.C. 7:27-14.5(b) describes the test requirements for
periodic inspection of heavy-duty diesel vehicles.  There are similar
requirements for diesel buses at subsection (c), and general
requirements for all diesel-powered motor vehicles at subsection (d).  
The Department is proposing to consolidate all the vehicle types and
test requirements into subsection (b).   As part of this consolidation,
subsections (c) and (d) are proposed to be deleted, and relevant
language from those subsections is relocated to (b).  As in proposed
amended N.J.A.C. 7:27-14.5(a), the Department proposes at N.J.A.C.
7:27-14.5(b)3 to expand the power brake smoke opacity test to all
vehicles with automatic transmissions, by removing the restriction that
the engine be a medium or high speed diesel engine.

Under the proposed amendments, all heavy-duty diesel vehicles and buses
will be subject to the same test requirements for periodic testing or
self-inspection.  All of the existing test options will be retained. 
The rolling acceleration, snap acceleration and power brake smoke
opacity tests, as appropriate to vehicle type, will remain available
testing options.  

Proposed new N.J.A.C. 7:27-14.5(c) describes test requirements for
light-duty diesel vehicles.  The Department is proposing a visible smoke
test for light-duty diesel vehicles of all model years, and an OBD test
for model year 1997 and newer.  In accordance with Federal requirements,
all model year 1997 and newer light-duty diesel vehicles are equipped
with a functional OBD system.  The Department anticipates that the
transition to OBD testing for these vehicles will be relatively simple. 
Manufacturers of light-duty diesel vehicles usually manufacture a
similar light-duty gasoline-fueled model.  The State has been
successfully testing OBD systems on light-duty gasoline vehicles since
August 2003.  

The Department has no emission testing data for light-duty diesel
vehicles because the existing rules exempt the vehicles from the testing
requirements.   The State has conducted limited pilot testing to ensure
OBD equipment compatibility.  Currently, about 13,000 light-duty diesel
vehicles are registered in New Jersey, of which 7,800 are model year
1997 or newer.  Based upon its experience with inspections of light-duty
gasoline vehicles, the Department anticipates that each year
approximately 11 light-duty diesel vehicles will fail the visible smoke
test, and approximately 356 light-duty diesel vehicles will fail the OBD
test.   The Department also anticipates that light-duty diesel vehicles
will initially fail at a higher rate than their gasoline-fueled
counterparts.   Vehicles that are subject to regular testing are more
often properly maintained, because a well maintained vehicle is less
likely to emit pollutants in excess of the emissions limits than a
poorly maintained vehicle.  Therefore, until light-duty diesel vehicle
owners subject their vehicles to regular maintenance, the vehicles are
more likely to fail inspection.

Proposed new N.J.A.C. 7:27-14.5(g) and (h) describe the criteria the
Department applies to determine OBD eligibility.  This proposed new
language is equivalent to the OBD eligibility criteria for gasoline
vehicles at existing N.J.A.C. 7:27-15.5(m) and (n).

The Department is proposing to recodify subsections (e), (f) and (g) of
N.J.A.C. 7:27-14.5 as (d), (e) and (f).  

N.J.A.C. 7:27-14.6 Inspection standards

The proposed deletion of N.J.A.C. 7:27-14.2(c) subjects light-duty
diesel vehicles to the inspection standards at N.J.A.C. 7:27-14.6;
however, the Department does not intend that the opacity standards at
N.J.A.C. 7:27-14.6(a) apply to light-duty diesel vehicles.  
Accordingly, the Department proposes to amend N.J.A.C. 7:27-14.6(a) to
limit the opacity standards to heavy-duty diesel vehicles and diesel
buses.

In order to maintain consistency with the proposed amendments to
N.J.A.C. 7:27-14.5 that consolidate test procedures and vehicle types,
the Department is proposing to amend N.J.A.C. 7:27-14.6(c) and (d) to
include the rolling acceleration test as an option for diesel buses and
retrofitted EPA urban diesel buses.  The Department considers all the
smoke opacity test procedures to be equally applicable.   The same
opacity standards apply, no matter which of the test methods is used.  
The Department does not propose to amend the smoke opacity standards
themselves in this proposal; however, the Department proposed to amend
the opacity standards in its pending proposal published on June 16, 2008
(40 N.J.R.  3541(a)) (Diesel Cutpoint rules).   If the proposed Diesel
Cutpoint rules are adopted, the Department will, on adoption of the
within amendments, add the rolling acceleration smoke opacity test to
the amended standards for diesel buses and retrofitted diesel buses at
N.J.A.C. 7:27-14.6(j) and (k) (which are proposed to be added to the
section as part of the Diesel Cutpoint rules).  The standards would go
into effect six months after the operative date of the Diesel Cutpoint
rules, which is anticipated to be a date prior to date that the within
rules are operative.  Without such an amendment, the rules could be
interpreted as allowing a diesel bus or retrofitted EPA urban bus to use
the rolling acceleration test only until a date six months after the
operative date of the Diesel Cutpoint rules, when the new standards go
into effect.

The Department is proposing new N.J.A.C. 7:27-14.6(h) and (i) to include
standards for the proposed visible smoke test and OBD test for
light-duty diesel vehicles.  Proposed subsection (h) parallels N.J.A.C.
7:27-15.6(a), which applies the same test procedures to gasoline-fueled
vehicles.   Proposed new subsection (i) parallels the OBD inspection
standards for gasoline-fueled vehicles at proposed amended N.J.A.C.
7:27-15.6(b)3, discussed below.   The Department anticipates an increase
in emission failures for light-duty diesel vehicles, as discussed in the
Summary of N.J.A.C. 7:27-14.5, above.  

Appendix

The Department is proposing an Appendix to N.J.A.C. 7:14, similar to the
Appendix to N.J.A.C. 7:27-15 for gasoline-fueled vehicles.  The proposed
Appendix presents a table providing a simplified overview of the
emission test procedures a diesel vehicle may be subject to, based on
model year and vehicle type.

N.J.A.C. 7:27-15 Control and Prohibition of Air Pollution from
Gasoline-Fueled Motor Vehicles

N.J.A.C. 7:27-15.1	Definitions

The Department proposes a definition for “autobus.” The term autobus
is used at N.J.A.C. 7:27-15.8.  Providing a definition for autobus adds
clarity to the rules and enhances enforceability.  The proposed
definition is derived from the definition of “diesel bus” at
N.J.A.C. 7:27-14.1.   In the context of this Subchapter, an autobus is
functionally equivalent to a diesel bus in design and use.  Each diesel
bus falls within the definition of autobus; however, not every autobus
is a diesel bus.  An autobus could be fueled other than with diesel
fuel. In the context of subchapter 15, regulated autobuses are only
those that fall within the limitations of N.J.A.C. 7:27-15.2,
Applicability.

The Department is proposing to add definitions for “Malfunction
Indicator Light” or “MIL” and “diagnostic trouble code” or
“DTC” as these terms are used within this subchapter.  The proposed
definition of malfunction indicator light is identical to the existing
definition of the term at N.J.A.C. 7-27B-5.1.  The proposed definition
of diagnostic trouble code is identical to that proposed at N.J.A.C.
7:27-14.1.  The malfunction indicator light and the diagnostic trouble
code operate in a gasoline-fueled motor vehicle in the same way as
described in the summary of amendments to N.J.A.C. 7:27-14.1, above.

The Department proposes to replace the definition of “Division of
Motor Vehicles” or “DMV” with a definition of “Motor Vehicle
Commission” or “MVC,” and relocate it alphabetically, to reflect
the change in that agency from a division within the New Jersey
Department of Transportation to an independent commission.  Wherever
Division of Motor Vehicles or DMV appears in the existing rules, the
Department proposes to replace it with Motor Vehicle Commission or MVC. 


The Department proposes to amend the definition of “EPA Memorandum
1A” to reflect the change in the name of the “Bureau of
Transportation Control” to the “Bureau of Motor Vehicle Inspection
and Maintenance” within the Department.  Wherever Bureau of
Transportation Control appears within the existing rules, the Department
proposes to replace it with Bureau of Motor Vehicle Inspection and
Maintenance.  

The Department proposes to amend the definition of “gasoline-fueled”
in order that it applies to hybrid vehicles that may use a gasoline
engine for only part of their motive power.  

The Department proposes to delete the definitions for “loaded vehicle
weight” and “low mileage vehicle.” These terms are used only in
reference to test procedures or standards that are proposed to be
deleted from the subchapter.

The Department proposes to amend the definition of “motor vehicle
testing equipment” to correct cross references.  

The Department proposes to amend the definition of “on board
diagnostics” to cite specific California and Federal regulations that
require motor vehicle manufacturers to equip vehicles with standardized
computerized diagnostic systems.  The reference to 1996 and newer
vehicles is proposed to be deleted.  On board diagnostics have been
installed on a larger population of vehicles than the Department
originally identified as candidates for OBD inspection requirements when
this definition was first adopted.  The Department is proposing to
expand OBD testing to light-duty diesel vehicles and may in the future
further expand the list of vehicle types subject to OBD testing.   At
this time, the Department’s intention is to create a more generic and
widely applicable OBD definition to encompass both current and future
OBD testing requirements.

N.J.A.C. 7:27-15.3	General public highway standards

The Department proposes at N.J.A.C. 7:27-15.5 and 15.6 to delete
existing test procedures and standards that refer to the measurement of
oxides of nitrogen.  This exhaust gas will no longer be measured as part
of the inspection process.  The only inspection test that measures
oxides of nitrogen is the ASM5015 test which the Department is proposing
to delete.  Therefore, the Department proposes to amend N.J.A.C.
7:27-15.3(b) to remove oxides of nitrogen from the general public
highway standard.  

As part of the new I/M program design, the State made a decision to
remove the existing repair cost waiver option for emissions compliance. 
This option allows motorists whose vehicles do not meet exhaust or OBD
emissions standards to receive a waiver, valid for one inspection cycle,
upon proof of compliance with waiver requirements.  The waiver process
was originally implemented to relieve some motorists from the excessive
cost of repairs necessary for their vehicles to comply with the then new
ASM5015 test.  The ASM5015 test subjects vehicles to a loaded
dynamometer-based test that is more stringent than an idle test.  In
order to qualify for a waiver, the vehicle must pass an idle exhaust
emissions test.  Historical waiver rates have been 0.1 percent or less
of initial exhaust emission failures.  This typically represents fewer
than 300 vehicles per year.

The waiver was implemented as an alternative to the ASM5015 test. 
Because the Department is proposing to eliminate the ASM5015 test
procedure at N.J.A.C. 7:27B-5.5 and replace it with a variation of the
idle test, the waiver is no longer necessary.  Accordingly, the
Department proposes to amend N.J.A.C. 7:27-15.3(c) to remove the waiver
provision.  

N.J.A.C. 7:27-15.5	Motor vehicle inspections

The Department proposes to amend, at N.J.A.C. 7:27-15.5(b), the
inspection frequency for motor vehicles subject to the school bus
inspection program. To maintain consistency with the MVC’s proposed
amendments to N.J.A.C. 13:20-30, the Department proposes to change the
inspection frequency for school buses from semi-annual to annual. This
is not projected to have any impact on failure rates of these vehicles
or on the environmental impact of the inspection program.  Changing the
frequency of inspection does not impact failure rates, which is the
probability of failure.  The probability remains the same.  If a vehicle
has a condition that will cause it to fail inspection, it will fail,
whether the inspection is annual or semi-annual.  The environmental
impact as a result of the reduction in frequency of testing school buses
is too small for the Department to measure or model.

At N.J.A.C. 7:27-15.5(d), the Department proposes to remove the option
to comply with inspection requirements via waiver, as discussed above
regarding N.J.A.C. 7:27-15.3.

At N.J.A.C. 7:27-15.5(f)4, the Department proposes to amend the model
year applicability of the gas cap test to include only model years 2000
and earlier gasoline-fueled motor vehicles.   The Department tests the
gas cap to determine whether gasoline vapors from the fuel tank could
leak from the gas cap into the air, which results in air pollution. 
Under the existing rules, the State subjects all gasoline-fueled
vehicles of any model year to a gas cap test.  In practice, gas cap
testing is limited to model year 1971 and newer vehicles, as earlier
vehicles did not have sealed gas caps or their gas caps are not
adaptable to the testing apparatus.   

The Department believes that this transition to more limited gas cap
testing is appropriate, based on changes in vehicle technology.   Early
OBD systems (model year 1996 to 2000) developed by motor vehicle
manufacturers were not able to reliably detect malfunctioning
evaporative emissions system components.   By model year 2001, the
vehicle manufacturers had refined their OBD systems and tighter
evaporative emissions standards were imposed by the USEPA.   The
Department expects that model year 2001 and newer vehicles can rely on
the OBD system to indicate an evaporative system malfunction, which
includes gas cap failure.   

For calendar year 2007, the gas cap failure rate for model year 2000 and
earlier vehicles was 2.5 percent.  During the same time, the gas cap
failure rate for model year 2001 and newer vehicles was 1.8 percent.  
In 2007, over 17,000 model year 2001 and newer vehicles failed the gas
cap test.   If the gas cap testing were eliminated for model year 2001
and newer vehicles, as proposed, those vehicles in that age range that
would have failed the gas cap test under the existing rules would not be
subject to the test.   However, the Department anticipates that the OBD
system for most of those vehicles would indicate a malfunction of the
evaporative system, resulting in a failed inspection; thus, the increase
in emissions as a result of eliminating the gas cap test for those
vehicles would be limited, as discussed in the Environmental Impact
below.  

At N.J.A.C. 7:27-15.5(g), the Department proposes to delete obsolete
language regarding the phase-in of OBD testing.   Mandatory OBD testing
has been fully implemented since January 2004.  

At N.J.A.C. 7:27-15.5(g)2, the Department proposes replacing both the
ASM5015 and 2500 RPM tests with the two speed idle (TSI) test.  This is
one of the more significant I/M program infrastructure changes proposed,
though it has an impact on a decreasing minority of vehicles.  The
ASM5015 test is the default exhaust emissions test for model year 1981
through 1995 light-duty gasoline-fueled vehicles, which represent less
than one third of the New Jersey vehicle population.  It involves
operation of the vehicle on a dynamometer that simulates driving
conditions by loading the engine and drivetrain through the drive wheels
while exhaust emissions are sampled and measured by an analyzer.  The
2500 RPM test is used to measure exhaust emissions while the engine is
held at a constant speed of 2500 RPM, but does not load the vehicle
drivetrain or utilize a dynamometer.  The 2500 RPM test is used as an
alternative to the ASM5015 for certain vehicles that are incompatible
with dynamometer testing, such as those with nondisengageable traction
control or all wheel drive.  The use of dynamometers for vehicle
emissions testing is being phased out nationally and dynamometer parts
and equipment are becoming increasingly more difficult and expensive to
acquire and maintain.  

The TSI test is based upon a combination of an idle test mode and a 2500
RPM test mode.  In both modes the vehicle engine is operated with the
transmission in park or neutral, and a dynamometer is not required.  The
vehicle must pass the exhaust emission standards for both the idle and
2500 RPM test modes in order to pass a TSI test.  The TSI test uses well
established equipment and test methods, and the equipment is
significantly less expensive to obtain and maintain.  The anticipated
vehicle emission failures are discussed below at the Summary of proposed
amended N.J.A.C. 7:27-15.6..

As it proposes in N.J.A.C. 7:27-15.3, and for the same reasons discussed
above, the Department proposes to eliminate the option to comply via
waiver at N.J.A.C. 7:27-15.5(h).  

N.J.A.C. 7:27-15.5(i) prescribes the on-road inspection requirements.  
The Department proposes to amend this subsection to conform to the
proposed amendments to the periodic inspection requirements discussed
above.  This includes replacing the ASM5015 and 2500 RPM tests with the
TSI test and changing the applicability of the gas cap test.  In
addition, a reference to the Director of DMV is amended to instead
reference the Chief Administrator of MVC.  

At N.J.A.C. 7:27-15.5(l), the Department is proposing to remove the
IM240 test as a test method for program evaluation.   The Department
previously deleted most references to the IM240 test procedure because
the IM240 emissions test was not a required test in New Jersey's
enhanced I/M program.   (See 34 N.J.R.  1811(a), 35 N.J.R.  429(a).) 
The test was performed only to evaluate the effectiveness of the
program, as required at 40 CFR 51.353.  The equipment required to
perform an IM240 test is expensive and difficult to maintain and
requires specially-trained inspectors to operate it.  The State will not
retain any equipment for performing the IM240 test in the new I/M
program.  If alternative test methods suitable for evaluating the
effectiveness of the program become available for use, the State will
consider their feasibility for this application in order to continue to
report program effectiveness to the USEPA.  

The Department also proposes to amend the section to update cross
references.

N.J.A.C. 7:27-15.6	Motor vehicle inspection standards

The Department proposes to amend N.J.A.C. 7:27-15.6(b) to remove
reference to oxides of nitrogen.  This exhaust gas will no longer be
measured as part of the inspection process.  The only inspection test
that measures oxides of nitrogen is the ASM5015 test which the
Department is proposing to delete.  

The Department proposes to amend Tables 1 and 2 to remove reserved
portions of the tables that referred to exhaust emission standards for
vehicles operated on a fuel other than gasoline, which portions the
Department proposed in 1995.  The Department has reserved these
standards in an effort to address the issue of possible false failures
of alternatively-fueled vehicles.   At that time, there was some
question whether the alternatively-fueled vehicles may mistakenly be
identified as high emitters of reactive hydrocarbons and, consequently,
fail the exhaust test.   The Department reserved standards for
alternatively-fueled vehicles until standards designed for non-methane
hydrocarbons could be developed.  (See 27 N.J.R.  2752(a), 27 N.J.R. 
3806(a).)  The Department was never required to develop different
exhaust emission standards for alternative fuel vehicles because the
need did not arise.   The motor vehicle testing equipment used in the
I/M program since 1999 has the ability to automatically adjust exhaust
gas measurements based on fuel type.  

The Department proposes to amend Table 2 to replace standards for the
2500 RPM test with standards for the TSI test.  The TSI test standards
proposed are identical to those prescribed by the USEPA at 40 CFR
85.2203 and 2204, and used nationally, and are also identical to the
idle test standards the Department uses for model year 1981 and newer
vehicles, as set forth in N.J.A.C. 7:27-15.6(b), Table 1, Exhaust
Emission Standards for the Idle Test; LDGVs and LDGTs Powered by
Gasoline.   This proposed amendment will have an impact on exhaust
emission test failure rates for model year 1981 through 1995 vehicles.  
Recent inspection data show that the failure rate for the ASM5015 test
averages 12 percent with individual model year rates as high as 33
percent for 1981 vehicles and as low as four percent for 1995 vehicles. 
The Department projects an average failure rate for the TSI test, using
these proposed standards, of five percent with a high failure rate of 18
percent for 1981 vehicles and a low failure rate of three percent for
1995 vehicles.  This projected reduction in vehicle failures does result
in some loss of emission reductions from those vehicles subject to the
TSI test.  The Environmental Impact below contains a detailed analysis
of the emission reductions from the proposed amendments to the I/M
program.

The Department proposes to delete N.J.A.C. 7:27-15.6(b)3, including
Tables 3 and 4, and recodify subsequent paragraphs.   N.J.A.C.
7:27-15.6(b)3 and the tables contain standards for the ASM5015 test,
which is proposed for deletion and explained elsewhere in this summary. 


Existing N.J.A.C. 7:27-15.6(b)4, which the Department proposes to
renumber as N.J.A.C. 7:27-15.6(b)3, contains failure criteria for the
OBD test procedure.   Proposed amended N.J.A.C. 7:27-15.6(b)4iv
clarifies that readiness criteria apply only to non-continuous monitors.
 The continuous monitors are, by design, expected to always be ready.  
Malfunctions of the continuous monitors are addressed by proposed new
N.J.A.C. 7:27-15.6(b)4v, discussed below.  Continuous monitors should
never display a result of not-ready on a properly functioning vehicle. 
Therefore, only non-continuous monitors need to be counted toward
readiness criteria.  The number of readiness monitors that represent a
failure in accordance with 40 CFR 51.357 (which is incorporated by
reference into the existing rule) is three or more for model year 1996
to 2000 vehicles and two or more for model year 2001 and newer vehicles.
 The existing rule improperly states that the number of monitors must
exceed three and two, respectively, to represent failure.  By amending
the rule to say “equals or exceeds” three and two, respectively,
this misstatement is corrected.  

Proposed new N.J.A.C. 7:27-15.6(b)4v requires that all continuous
readiness monitors must be supported and ready in order for a vehicle to
pass the OBD test.  The USEPA and California Air Resource Board
requirements for OBD systems on vehicles specify that the continuous OBD
monitors must always be implemented and functional (i.e., supported). 
Since the OBD test was fully implemented in 2004, the Department and MVC
have observed that some vehicles are able to pass the OBD test with most
or all readiness monitors unsupported.  This can happen because the
existing OBD readiness failure criteria count only the total number of
not ready monitors and ignores unsupported monitors.  However, a vehicle
that displays continuous readiness monitors as unsupported is clearly in
a malfunctioning condition.  In a normally functioning vehicle, the
continuous readiness monitors should always be supported and ready;
accordingly, the Department proposes to amend the rules to include that
as a condition necessary to pass the OBD test.  The Department projects
that this proposed amendment may impact up to 10,000 vehicles per year. 
 

Under proposed new N.J.A.C. 7:27-15.6(b)4vi, a vehicle cannot be
considered to have passed the OBD test if the Malfunction Indicator Lamp
(MIL) is illuminated while the vehicle engine is running.  The
Department projects that this proposed new requirement would impact 0.05
percent of the inspected vehicle population and result in about 1,500
new OBD failures per year.   These vehicles, whose MIL is illuminated,
would be allowed to pass the OBD test under the existing rules.

Proposed amendments to N.J.A.C. 7:27-15.6(b)4viii change the criteria
for those vehicles initially failing the OBD test for a problem related
to the catalytic converter.  A certain range of diagnostic trouble codes
returned from the vehicle OBD system indicates a failure of the
catalytic converter.  When a vehicle that has this type of OBD failure
returns for reinspection, it is treated differently from vehicles that
did not initially have a catalytic converter failure.  One of the
readiness monitors on the vehicle’s OBD system examines the function
of catalytic converter.  If a vehicle that initially failed for a
catalyst-related problem returns for reinspection with the catalyst
monitor not-ready, the State cannot determine if the catalyst-related
problem was properly repaired until the catalyst monitor reports via the
OBD system as ready.  For brevity, the State refers to vehicles subject
to this condition as a “catalyst retest” scenario.  

Under existing rules, vehicles in this scenario are subject to an
ASM5015 test to confirm that exhaust emission readings do not exceed
applicable standards.  The ASM5015 test helps the State to confirm
proper catalyst function.  Since the Department is proposing to
discontinue the ASM5015 test, this mechanism will no longer be
available.  The TSI test proposed to replace the ASM5015 test will not
effectively test catalyst function.  Therefore, the Department proposes
to amend the catalyst retest criteria to require that the catalyst
monitor be ready upon reinspection.   Otherwise, the vehicle would fail
the OBD test.  This proposed amendment would potentially impact up to
7,000 vehicles per year.  Currently, of the vehicles meeting the unique
catalyst retest condition and receiving an ASM5015 test, most
successfully pass the ASM5015 test.   Under the proposed amended rules,
those vehicles would fail the OBD test and be required to return for
reinspection with the catalyst monitor ready in order to pass the OBD
test.  

The proposed amendments to N.J.A.C. 7:27-15.6(e) and (f) remove the
existing exemption from exhaust emission testing for vehicles powered by
fuels other than gasoline.   The Department proposes that alternative
fuel vehicles be subject to the same standards as all other
gasoline-fueled vehicles.  This includes those alternative fuel vehicles
subject to exhaust emissions testing and OBD testing.   In 2007,
approximately 1,900 alternative fuel vehicles were exempted from
emission inspection.   Most of these vehicles were model year 1996 or
newer and would be subject to an OBD test under these proposed rules.  
The Department expects that this proposed amendment could result in
approximately 360 additional vehicle failures each year.   

The Department proposes to amend this section to update cross
references.

N.J.A.C. 7:27-15.7 	Prohibition of tampering with emission control
apparatus

The Department proposes amending N.J.A.C. 7:27-15.7 to update the
California Air Resources Board’s mailing address and add a website.

N.J.A.C. 7:27-15.8 	Idle standard

At N.J.A.C. 7:27-15.8(b), the Department proposes to amend the idle
standard exemptions for gasoline-fueled vehicles to align the exemptions
with recent amendments to the rules for diesel-powered vehicles at
N.J.A.C. 7:27-14.  (See 38 N.J.R.  3728(b), 39 N.J.R.  2531(a).) 
Consistency in the rule text in both subchapters will make the
Department’s idle standards clearer to the public and assist in more
uniform enforcement.  

N.J.A.C. 7:27-15.8(b) contains a list of exemptions to the three-minute
idling restriction.  To the exemption at N.J.A.C. 7:27-15.8(b)1, the
Department proposes to add a limited exception for autobuses that are
actively discharging or picking up passengers.  In any 60 minute period
the bus may idle for 15 consecutive minutes, which the Department
believes is sufficient time for passengers to embark or disembark.  The
Department intends to prohibit the current practice of bus idling while
passengers are not on board.   This proposed amendment makes the rule
consistent with N.J.A.C. 7:27-14.3(a)2, which applies to diesel buses.

Existing N.J.A.C. 7:27-15.8(b)2 exempts all motor vehicles stopped in a
line of traffic from the idling restriction.  The Department proposes to
amend this exemption, to be consistent with recent amendments to
N.J.S.A. 39:3-70.2, the Motor Vehicle Code, which  allow vehicles other
than school buses to idle when they are stop and go in a queue of motor
vehicles.  (See P.L.2005, c.219.) The exception would not apply to
school buses in a stop and go queue, such as lined up to pick up
students after school, which means they would have to comply with the 3
minute idling limit.  A school bus could, however, idle in stopped
traffic on a highway.  Although the Motor Vehicle Code does not apply to
the Department, it is appropriate that the Department amend its rules to
conform to the legislation, in order that the idling restrictions are
consistent.  Moreover, the Department believes that special attention to
school buses is warranted due to the fact that exposure to school bus
exhaust is experienced by children, who are a sensitive population at
risk for increased adverse health impacts from air pollution.  This
proposed amendment makes the rule consistent with N.J.A.C.
7:27-14.3(b)1, which applies to diesel-powered motor vehicles.

The Department proposes to amend N.J.A.C. 7:27-15.8(b)3 to clarify
exemptions to the three-minute idling limit for vehicles whose engines
are used for tasks other than propulsion, passenger compartment heating
or passenger compartment air conditioning.  This exemption has proven to
be very difficult for the regulated community to interpret. 
Accordingly, the Department is proposing to amend the exemption to
provide examples of the types of mechanical operations to which the
exemption applies, but not change the substance of the exemption.   This
amendment makes the rule consistent with N.J.A.C. 7:27-14.3(b)2, which
applies to diesel-powered motor vehicles.

Existing N.J.A.C. 7:27-15.8(b)5 exempts an emergency vehicle in an
emergency situation from the idling restriction; however, it has not
been clear in the past what types of vehicles are considered
“emergency” and what is the scope of an emergency situation.  As a
result, owners and operators of vehicles that are not actually emergency
vehicles, or that are not actively providing emergency services, have
mistakenly tried to use this exemption.  An example of a common
misapplication of the exemption would be a public utility dump truck. 
There may be limited situations in which the dump truck is pressed into
service in an emergency, in which case it would qualify for the
exception to the idling restriction; however, in most circumstances, the
dump truck would not qualify for the exception.  Heavy rescue and HAZMAT
response vehicles, on the other hand, are “emergency vehicles”;
however, they would not qualify for the exception unless they are
actively performing emergency services.  The Department intends that the
amendment will reduce unnecessary idling by vehicles not in an emergency
situation.  This proposed amendment makes the rule consistent with
N.J.A.C. 7:27-14.3(b)4, which applies to diesel-powered motor vehicles.

Misinterpretation of existing N.J.A.C. 7:27-15.8(b)6 which allows a
motor vehicle while it is being repaired to idle longer than three
minutes, has resulted in unnecessary idling when repairs are performed
that do not require the engine to run.  Therefore, the Department
proposes to amend the exemption, to state that the exemption applies
only when repairs require the engine to be running.  For example, a
repair to a window or tire does not require the engine to run. 
Adjustment of the engine idle, on the other hand, might require the
engine to be running during the adjustment.   This proposed amendment
makes the rule consistent with N.J.A.C. 7:27-14.3(b)5, which applies to
diesel-powered motor vehicles.

Existing N.J.A.C. 7:27-15.8(b)7 allows gasoline-powered motor vehicles
to idle while they are connecting or detaching from a trailer.  The
Department proposes to delete N.J.A.C. 7:27-15.8(b)7, because attaching
or detaching a trailer will be covered by the exemption of N.J.A.C.
7:27-15.8(b)3, which allows a vehicle to idle if the engine is necessary
for mechanical operation other than propulsion.   The Department deleted
a similar provision applicable to diesel-powered motor vehicles at
former N.J.A.C. 7:27-14.3(b)7 in its adoption published on July 2, 2007
(38 N.J.R. 3728(b), 39 N.J.R. 2531(a)).

Existing N.J.A.C. 7:27-15.8(b)8 exempts a sleeper-berth equipped
gasoline-powered motor vehicle from the three-minute idling limit when
the sleeper berth is being used for sleeping or resting, in a
non-residentially zoned area.  Under proposed amended N.J.A.C.
7:27-15.8(b)8, this exemption does not apply to vehicles equipped with
functional auxiliary power units.  An auxiliary power unit can provide
the same functions, such as cabin heating and engine warming as idling
the vehicle’s primary engine while using less fuel and producing fewer
emissions or air contaminants.  If the vehicle is equipped with an
auxiliary power unit, there is no need to idle the vehicle’s primary
engine to provide the same functions.  

APPENDIX

The Department proposes to replace the existing test applicability table
in the Appendix with a revised and expanded table that includes proposed
amendments to the exhaust emission tests.  The proposed table conforms
to the proposed amended rules and identifies the tests to which a
gasoline-fueled vehicle is subject, including existing tests that are
not identified in the existing Appendix.  

N.J.A.C. 7:27A-3.  Civil Administrative Penalties and Requests for
Adjudicatory Hearings

N.J.A.C. 7:27A-3.10 Civil administrative penalties for violation of
rules adopted pursuant to the Act

In conjunction with the proposed amendments to N.J.A.C. 7:27-15.8 to
harmonize the gasoline vehicle idle standard to the idle standard
adopted for diesel vehicles, the Department is also proposing to amend
the civil administrative penalties for violations of N.J.A.C. 7:27-15.8.
 The penalties proposed at N.J.A.C. 7:27A-3.10(m)15 are identical to
those adopted for diesel vehicles at N.J.A.C. 7:27A-3.10(m)14 as they
pertain to violations of the idle standard.

N.J.A.C. 7:27B-4 Air Test Method 4: Testing Procedures for
Diesel-Powered Motor Vehicles

N.J.A.C. 7:27B-4.1 Definitions

The Department is proposing to add new definitions that pertain to OBD
testing.  These new terms are “on board diagnostics” or “OBD,”
“data link connector” or “DLC,” “key on engine off” or
“KOEO,” “key on engine running” or “KOER,” “malfunction
indicator light” or “MIL,” “readiness” and “readiness
monitors.” The proposed definitions are identical to the existing, or
proposed amended definitions of the terms at N.J.A.C. 7:27-15 and
N.J.A.C. 7:27B-5, relating to OBD diagnostic testing of gasoline-fueled
vehicles.

The Department is proposing a new definition for “diesel emissions
testing equipment” and to amend “emission control apparatus” as
discussed at section N.J.A.C. 7:27-14.1 above.  

The Department is proposing to add a definition of “retrofit
device,” a term is used in the proposed amended definition of emission
control apparatus.   The proposed definition of retrofit device is
identical to the amended definition proposed at N.J.A.C. 7:27-14.1.  

The Department is proposing to amend the definition of “smokemeter”
to reflect the change in how a smokemeter will be used under the
restructured I/M program.  In the existing diesel I/M program,
standalone smokemeters are used to perform smoke opacity measurements
and these smokemeters print a report that serves as the primary test
record.  The new I/M program will use the same method of equipment
configuration for the diesel test equipment as has been used for
gasoline test equipment since 1999.  That is, the smokemeter will no
longer be a standalone instrument, but part of an analyzer system that
includes a computer that records results and communicates with the State
database in order to complete the inspection transaction.  

N.J.A.C. 7:27B-4.2	General instructions for all tests

N.J.A.C. 7:27B-4.2 provides general instructions for emissions tests
(subsection (a)), equipment requirements for smoke opacity tests
(subsection (b)), equipment specifications (subsection (c)), and
instructions for obtaining a list of approved test equipment (subsection
(d)).   As a practical matter, existing N.J.A.C. 7:27B-4.2 applies only
to heavy-duty diesel vehicles and diesel buses, because the existing
subchapter does not specify tests for light-duty vehicles.   In light of
proposed new N.J.A.C. 7:27B-4.7 and 4.8, which will apply to light-duty
vehicles, it is necessary that the Department amend N.J.A.C. 7:27B-4.2
to separate the section so that subsection (a) applies only to
heavy-duty diesel vehicles and diesel buses, and proposed new subsection
(b) applies only to light-duty vehicles.   Existing subsections (b), (c)
and (d) are proposed to be renumbered.  

At proposed amended N.J.A.C. 7:27B-4.2(a)3, the Department is proposing
to lower the threshold for operating temperature from 70 degrees to 60
degrees as measured via oil temperature, and permit the operating
temperature determination by measurement of oil temperature or water
temperature instead of both.  The Department has determined that
lowering the acceptable operating temperature to 60 degrees will not
impact the accurate measurement of smoke opacity.  Giving inspectors the
ability to use oil or water temperature measurements offers additional
flexibility that makes the test easier to perform.  

Proposed amendments to N.J.A.C. 7:27B-4.2(a)6 provide additional
instruction regarding the ambient temperature and humidity test
conditions.  Limitations on acceptable temperature and humidity
conditions are imposed by the Society of Automotive Engineers for smoke
opacity measurement.   Proposed amended N.J.A.C. 7:27B-4.2(a)9 refers to
exhaust aftertreatment systems, which are emission control apparatus on
later model diesel vehicles.   The proposed amendment instructs the
inspector to consider the mode of the aftertreatment system, and whether
the exhaust temperature is high.  Attempting to conduct a smoke opacity
test while the vehicle is regenerating the aftertreatment system could
result in inaccurate opacity measurements and the high exhaust
temperatures could damage the test equipment and pose a safety hazard to
inspectors. 

Proposed amended N.J.A.C. 7:27B-4.2(a)10 reflects the Department’s
proposed amendment to N.J.A.C. 7:27-14, in the pending proposal of the
Diesel Cutpoint rules, 40 N.J.R.  3541(a), to prohibit smoke of any
color, as discussed above.

The Department is proposing to delete N.J.A.C. 7:27B-4.2(a)11 and 12. 
This proposed deletion is consistent with other proposed amendments that
alter the manner in which diesel emissions test equipment will be
approved by the Department.  In the new I/M program, one vendor will
provide all test equipment to all types of test facilities.  The
Department will work directly with that vendor to develop test equipment
that satisfies all applicable specifications.  Independent suppliers of
test equipment will no longer be permitted to submit equipment to the
Department for approval.  As such, detailed specifications are not
needed in this subchapter.  The test equipment requirements will be
addressed in specifications developed jointly by the Department and the
equipment vendor, rather than specified in regulation

The Department is proposing new N.J.A.C. 7:27B-4.2(b) to establish
general instructions for light-duty diesel vehicle testing.  These
instructions are substantially similar to the general instructions at
N.J.A.C. 7:27B-5.2(a), applicable to gasoline-fueled vehicles, except
that the proposed N.J.A.C. 7:27B-4.2(b) does not include instructions
not relevant to light-duty diesel vehicles.  Gasoline vehicles are
subject to exhaust emissions testing using an exhaust sample probe and
diesel vehicles are not.  With respect to the parameters that are
important to emissions testing in an I/M program, the instructions for
inspecting light-duty diesel vehicles and light-duty gasoline vehicles
are similar.  

Proposed amended N.J.A.C. 7:27B-4.2(c) changes “smoke opacity” to
“emissions” to broaden the scope of emissions testing for diesel
vehicles for both current and future test methods.  The Department
recognizes recent technology changes in diesel vehicle emission controls
and test methods.  The Department anticipates that smoke opacity will
soon be supplanted or augmented by other emission test methods such as
exhaust gas measurement and particulate measurement and this proposal
includes the addition of on board diagnostics.   Proposed amended
N.J.A.C. 7:27B-4.2(c) also replaces “a smokemeter” with “diesel
emissions testing equipment,” consistent with other amendments in this
proposal.  

Proposed amended N.J.A.C. 7:27B-4.2(d) replaces “motor vehicle
emission testing equipment” with “diesel emissions testing
equipment,” consistent with other amendments in this proposal.

Proposed amended N.J.A.C. 7:27B-4.2(e) contains new contact information
for the Department.  

N.J.A.C. 7:27B-4.3 Procedures for using a smokemeter to measure the
smoke opacity of heavy-duty diesel vehicles and diesel buses

The Department is proposing to delete N.J.A.C. 7:27B-4.3(d), the visible
black smoke screening test.  With proposed new N.J.A.C. 7:27B-4.7 (the
visible smoke test), the visible black smoke screening test is redundant
and overly complicated.  The simplified visible smoke test proposed at
N.J.A.C. 7:27B-4.7 is required for testing light-duty diesel vehicles.  

The Department is also proposing to delete previously reserved N.J.A.C.
7:27B-4.3(e).  

N.J.A.C. 7:27B-4.4	Emission control apparatus, retrofit device and
closed crankcase ventilation system examination procedure 

The Department is proposing amendments to N.J.A.C. 7:27B-4.4(a) to
expand the emission control apparatus examination to all emission
control apparatus, not just aftertreatment devices.  Generally, model
year 1997 and newer diesel vehicles and engines have included more
comprehensive emission control apparatus.  The Department believes it
necessary to expand this test procedure to encompass all emission
control apparatus and to clarify that exhaust system components are
included.  Although emission control apparatus, by definition, should
include exhaust system components, some inspectors do not associate the
exhaust system with emissions controls.   This proposed amendment may
result in a slight increase in emissions failures for the heavy-duty
diesel vehicles to which it applies because a deliberate examination of
exhaust system components might reveal non-compliant components that
would have been previously overlooked.  The Department also proposes to
update a cross-reference in subsection (a).  

The Department is proposing amendments to N.J.A.C. 7:27B-4.4(b) to
expand the emission control apparatus examination failure criteria to
include all emission control apparatus and exhaust system components,
rather than just exhaust aftertreatment devices.  

N.J.A.C. 7:27B-4.6 Specifications for diesel emissions testing equipment
for determining compliance with N.J.A.C. 7:27-14  

	The Department is proposing to amend N.J.A.C. 7:27B-4.6 by removing the
specific equipment requirements that will not apply in the new I/M
program, and adding a new requirement for OBD equipment.  Accordingly,
the section title is proposed for amendment to better reflect the
amended section scope and match the proposed definition for diesel
emissions testing equipment.  As discussed in various parts of this
proposal, diesel emissions testing will no longer be conducted using a
standalone smokemeter.  As such, the functions of the smokemeter will be
absorbed into the larger set of equipment proposed as diesel emissions
testing equipment.  The manner in which the diesel emissions testing
equipment is proposed to be described parallels the manner in which
gasoline vehicle test equipment has been described in the existing I/M
program in regulations already adopted.  This change in equipment
specification is consistent with the new I/M program design that brings
all vehicle inspection data together in to the same data management
system.   With the inclusion of OBD testing for diesel vehicles, the
Department is proposing to add equipment specifications for OBD test
equipment at new N.J.A.C. 7:27B-4.6(b).  The proposed new rule
incorporates 40 C.F.R. 85.2231 by reference.  40 C.F.R. 85.2231
describes the basic hardware and electronic communication requirements
for OBD testing equipment. 

N.J.A.C. 7:27B-4.7 Procedures for the visible smoke test

As discussed in the Summary of N.J.A.C. 7:27-14.5 above, the Department
is proposing new rules to establish a visible smoke test for all model
years of light-duty diesel vehicles.  The proposed visible smoke test
procedure at N.J.A.C. 7:27B-4.7 is substantially similar to the visible
smoke test procedure for gasoline vehicles at N.J.A.C. 7:27B-5.3(a),
except “diesel vehicle” is substituted for “gasoline-fueled motor
vehicle.”  The test procedure is discussed above in the Summary of
N.J.A.C. 7:27-14.5.   

N.J.A.C. 7:27B-4.8 Procedures for the on board diagnostics inspection

As discussed in the Summary of N.J.A.C. 7:27-14.5 above, the Department
is proposing new rules to establish an OBD test for model year 1997 and
newer light-duty diesel vehicles.  The OBD test procedure proposed at
N.J.A.C. 7:27B-4.8 is substantially similar to the OBD test procedure
for gasoline vehicles at existing N.J.A.C. 7:27B-5.7, except some of the
corrections proposed at N.J.A.C. 7:27B-5.7 are also proposed here.   The
test procedure is discussed regarding N.J.A.C. 7:27-14.5 above.

N.J.A.C. 7:27B-5 Air Test Method 5: Testing Procedures for
Gasoline-Fueled Motor Vehicles

N.J.A.C. 7:27B-5.1 Definitions

The Department proposes to amend the definition of “gasoline-fueled”
to clarify that it applies to hybrid vehicles that may use a gasoline
engine for only part of their motive power.

The Department proposes to amend the definition of “motor vehicle
testing equipment” to correct cross references.

The Department proposes to amend the definition of “on board
diagnostics” for the reasons discussed in the Summary of N.J.A.C.
7:27-15.1, above.  The proposed definition is identical to that proposed
at N.J.A.C. 7:27-14 and 15, and N.J.A.C. 7:27B-4.

N.J.A.C. 7:27B-5.2 General instructions for all tests

The Department proposes to delete N.J.A.C. 7:27B-5.2(a)4iii, since it
references the ASM5015 test procedure that the Department is also
proposing to delete.  The Department proposes to amend N.J.A.C.
7:27B-5.2 to update cross references and contact information.

N.J.A.C. 7:27B-5.4 Procedures for the two speed idle test

The Department is proposing to amend the title of N.J.A.C. 7:27B-5.4 to
refer to the  two-speed idle (TSI) test, rather than the 2500 RPM test. 
The Department is proposing to delete N.J.A.C. 7:27B-5.4(a)1 through 8,
which are the procedures for the 2500 RPM test that is being
discontinued.   N.J.A.C. 7:27B-5.4(a) is proposed to be amended to
incorporate by reference 40 CFR 85.2215.  

The Federal rule at 40 CFR 85.2215 sets forth the requirements for the
two speed idle test, or TSI.   The TSI is a tailpipe test, in which a
probe is inserted into the tailpipe of a vehicle to collect a sample of
the exhaust.   The TSI test has two test modes.  Exhaust gas
measurements are made with the vehicle engine at idle (between 350 and
1100 RPM) and at high idle (between 2200 and 2800 RPM).  Generally, each
mode may run for a duration of 30 seconds up to 180 seconds depending
upon the exhaust gas values and the results from previous modes.  There
are provisions for fast pass and fast fail that would shorten the test
duration to a minimum of less than 30 seconds.  The test equipment will
determine whether or not the vehicle is emitting excess pollutants based
on measurement of hydrocarbons and carbon monoxide.   

Implementing the USEPA’s TSI test procedure will minimize motor
vehicle manufacturer emissions warranty compliance issues because the
test is a Federally-approved emissions test with which motor vehicle
manufacturers are required to comply.  The TSI test equipment uses
well-established and readily available hardware.  Since the TSI test, or
a slight variation, is widely used in other jurisdictions, software
development for the motor vehicle testing equipment is not complicated
by a unique test procedure.

N.J.A.C. 7:27B-5.5 Procedures for the ASM5015 test

The Department is proposing to repeal N.J.A.C. 7:27B-5.5, and renumber
the remaining sections in the chapter.   As discussed above, the
Department is discontinuing the ASM5015 test, and replacing it with the
TSI test.

N.J.A.C. 7:27B-5.6 Procedures for the on-board diagnostics inspection

The Department is proposing to amend the OBD test procedure at N.J.A.C.
7:27B-5.6 to include an additional step to check malfunction indicator
light (MIL) condition while the vehicle engine is running.   The
Department also proposes to amend the test condition for a vehicle
reinspected after an initial catalyst-related OBD failure.  A more
detailed discussion of these specific amendments to the OBD procedure
and failure conditions is at the Summary of N.J.A.C. 7:27-15.6, above.  

N.J.A.C. 7:27B-5.7 Procedures for the fuel cap leak test

Since the USEPA has not promulgated gas cap test equipment requirements
at 40 C.F.R.  85.2227, the Department is proposing to remove the
reference to these Federal regulations.  The USEPA guidance document
cited in existing text continues to be the appropriate reference to gas
cap test equipment requirements.  

N.J.A.C. 7:27B-5.8 Specifications for motor vehicle testing equipment
for use in the New Jersey Enhanced Inspection and Maintenance Program

 At N.J.A.C. 7:27B-5.8(a), the Department proposes to delete the
reference to the 2500 RPM test and replace it with the TSI test, for the
reasons discussed above.  Accordingly, the reference to equipment
requirements is amended to incorporate by reference 40 CFR 85.2225,
Steady state test exhaust analysis system – EPA 91, which is the
Federal regulation that prescribes minimum standards for TSI test
equipment.  

With the proposed deletion of the ASM5015 test procedure, the Department
is also proposing to delete ASM5015 test equipment requirements at
N.J.A.C. 7:27B-5.8(b).  

Also, as discussed above with regard to N.J.A.C. 7:27B-5.7, the
Department is proposing to remove the reference to 40 CFR 85.2227, since
the USEPA has not promulgated gas cap test equipment requirements.  

The Department proposes to amend the section to correct cross
references.  

Social impact

The proposed new rules and amendments are expected to have a positive
social impact on the residents of New Jersey.   The proposed rules
continue the State’s control of excess pollutants from motor vehicles.
 For gasoline-fueled vehicles, the major pollutants are the ozone
precursors, volatile organic compounds (VOCs) and oxides of nitrogen
(NOx).  For diesel vehicles, the proposed introduction of emissions
testing of light-duty diesel vehicles is expected to reduce the excess
emission of particulate matter and NOx.   

Ozone, to which NOx and VOCs contribute, may result in a number of
adverse health effects.  Short-term exposure to ozone can irritate the
respiratory system, causing coughing, throat irritation, and chest pain.
 Breathing may become more rapid and shallow than normal, thereby
limiting a person’s normal activity.  Ozone also can lead to more
asthma attacks that require a doctor’s attention and the use of
additional medication.  Increased hospital admissions and emergency room
visits for respiratory problems have been associated with ambient ozone
exposures.  Longer-term ozone exposure can inflame and damage the lining
of the lungs, which may lead to permanent changes in lung tissue and
irreversible reductions in lung function.  A lower quality of life may
result if the inflammation occurs repeatedly over a long time period,
such as months, years, or a lifetime.  People who are particularly
susceptible to the effects of ozone include children and adults who are
active outdoors, people with pre-existing respiratory diseases, such as
asthma, and people with unusual sensitivity to ozone.

Fine particles are associated with a number of serious health effects,
including premature mortality, aggravation of respiratory and
cardiovascular disease, lung disease, decreased lung function, asthma
attacks, and certain cardiovascular problems, such as heart attacks and
cardiac arrhythmia (www.epa.gov/ttn/naaqs/standards/pm/s_pm_index.html).
 The amended I/M program will help to prevent premature deaths, lost
work and school days, and non-fatal heart attacks and hospital
admissions by further limiting the emissions of fine particles. 

By testing vehicles, identifying those with excess emissions and
requiring engine and emission control repairs, the inspection program
reduces levels of harmful pollutants in the air.   The Department has
observed that vehicles subject to periodic emissions inspection tend to
be better maintained overall.  A vehicle engine that is properly tuned
and maintained will combust fuel as efficiently as it was designed to
and emit a minimum of pollutants.  Better maintenance of vehicle engines
will also reduce, to a lesser degree, other byproducts of fuel
combustion, such as carbon monoxide and carbon dioxide.  By promoting
better motor vehicle maintenance, the I/M program results in
improvements in fuel economy.  This leads to increased energy efficiency
and a reduction in greenhouse gases.

The reductions of air pollutants from the I/M program will help the
State make progress toward the attainment of the National Ambient Air
Quality Standard (NAAQS) for ozone and fine particulate matter (PM2.5)
and, therefore, improve air quality and help make the State a more
healthful place to live.  In this way the I/M program will provide a
better quality of life for New Jersey citizens.  

Economic Impact

The Department anticipates that the proposed new rules and amendments
will have an economic impact on the residents and small businesses of
New Jersey.  

By furthering the State’s goal of significantly reducing air
contaminants, the proposed new rules and amendments will result in
reduced human exposure to these contaminants, thereby reducing the
substantial costs to the State and its citizens that are associated with
air pollution, such as health care costs, missed days of work, and
absences from school.  Some of the financial benefits to the public
include decreased medical care and hospitalization.  Each incident of
asthma has an expenditure of approximately $30.00 to $400.00 for
treatment and/or hospitalization, depending on the severity of the
asthma attack.  These figures do not include the cost to the individual
and family through decreased quality of life and the effect of early
mortality on family members and to the individual.  A further reduction
in air contaminants, resulting from this proposed rulemaking, would help
to reduce the number of individuals affected by this type of burden. 

The proposed rules would require emission testing for light-duty diesel
vehicles for the first time in the history of New Jersey’s I/M
program.  Under the existing rules, light-duty diesel vehicles are
inspected with the same frequency and at the same locations (Centralized
Inspection Facilities and Private Inspection Facilities) as light-duty
gasoline vehicles, except light-duty diesel vehicles receive a
safety-only inspection.  The Department is not proposing to change the
frequency or location of light-duty diesel vehicle inspections.   Nor
will the proposed rules cause any light-duty diesel vehicles to be
inspected that were not previously subject to inspection.  

The Department projects that over 360 light-duty diesel vehicles may
fail an emissions test each year.  These failures will result in a
slight increase in reinspection volume as the failed light-duty diesel
vehicles return to Centralized Inspection Facilities and Private
Inspection Facilities for reinspection after repairs.  This will have a
negative economic impact on persons who own, operate and maintain
light-duty diesel vehicles, because they may have to pay for repairs to
eliminate visible smoke and address other failures that generate OBD
fault codes.  

The proposed elimination of the ASM5015 test, and concurrent replacement
with a TSI test, will result in a significant reduction in the cost of
test equipment.  The current ASM5015 inspection analyzer with a
dynamometer can cost in excess of $50,000, including installation costs
for the dynamometer.  The new OBD and TSI inspection analyzer will cost
less than $9,000, and will be a self-contained roll-around unit that
does not permanently occupy valuable floor space in a garage bay as the
current dynamometer does.  The reduced cost of inspection equipment is a
positive economic impact for Private Inspection Facilities.  

The proposed elimination of the ASM5015 test, and concurrent replacement
with a TSI test, will also result in a reduced failure rate for model
year 1981 through 1995 vehicles, as discussed in the Summary of N.J.A.C.
7:27-15.6, above.  This will be a positive economic impact for owners of
those vehicles, who will spend less money on emission-related repairs.  

To the extent that the proposed rules cause an increase in the emission
failure rates of some vehicles, this effect is offset somewhat by an
increase in fuel efficiency that will result from proper repair of the
malfunctioning vehicles.  Although the existing emission inspection
program has the effect of encouraging vehicle owners to maintain their
vehicles to pass inspection, these proposed rules will impose more
stringent inspection requirements on some vehicles.  The increased
failures and subsequent repairs will result in decreased emissions of
pollutants and an improvement in fuel economy.   

Environmental Impact

The proposed new rules and amendments are expected to have a positive
impact on the environment.  Although the proposed rules are expected to
reduce a number of air contaminants, the primary focus of the
Department’s attainment strategy for the motor vehicle inspection
program is ground-level ozone.  In the presence of sunlight, volatile
organic compounds (VOCs) and NOx and other compounds in the ambient air
react to form ozone.   

In addition to causing adverse health effects, ozone adversely affects
vegetation and ecosystems, leading to reductions in agricultural crop
and commercial forest yields; reduced growth and survivability of tree
seedlings; and increased plant susceptibility to disease, pests, and
other environmental stresses.  In long-lived species, these effects may
become evident only after several years or even decades, and thus have
the potential for long-term adverse impacts on forest ecosystems. 
Damage from ozone to the foliage of trees and other plants can also
decrease the aesthetic value of ornamental species used in residential
landscaping, as well as the natural beauty of the national parks and
recreation areas.  

The economic value of some welfare losses due to ozone can be
calculated, such as crop yield loss from both reduced seed production,
visible injury to some leaf crops, and visible injury to ornamental
plants, while other types of welfare loss may not be fully quantifiable
in economic terms, such as visibility impairment and reduced aesthetic
value of trees growing in national parks.  Visibility impairment is
especially important in New Jersey, which has a Class 1 visibility area
located at the Brigantine Wilderness area of the Edwin B.  Forsythe
National Wildlife Refuge.

The proposed rules are expected to reduce the ground-level ozone
precursors, VOCs and NOx.  For ease of presentation, in Table 1 below
the emission reduction from the proposed rules, as compared to the
existing rules, are represented as the sum of VOC plus NOx and shown as
the differential from the State’s existing I/M program.  For
reference, the existing rules reduce approximately 9,855 tons per year
of VOC plus NOx

Table 1

Comparison of Emission Reduction from Proposed and Existing Rules

Program Elements	Emission Reduction from Proposed Rules Compared to
Existing Rules (tons per year VOC and NOx)

Proposed I/M program base design*	-76

Failing unsupported OBD readiness monitors	1306

Failing OBD with catalyst monitor not ready on retest	902

Emission testing of alternative fuel vehicles	46

LDDV+ visible smoke testing	1

LDDV OBD testing	46

Total benefits for proposed I/M program	2226



* Includes change of tailpipe test from ASM5015 to TSI; gas cap test
exemption for newer vehicles; and elimination of repair cost waivers.

+  Light-duty diesel vehicles

Some of the proposed amendments result in an increase in emissions.  The
TSI test is less effective than the ASM5015 test at detecting excess
exhaust emissions (particularly NOx). Likewise, eliminating gas cap
tests for newer vehicles results in a slightly reduced detection of
excess VOC emissions.  However, other proposed amendments provide a
decrease in emissions compared to the existing rules.  The net gain in
emission reductions from the proposed rules is an additional 6.1 tons
per day, or 2226 tons per year of VOC plus NOx, in addition to the
reductions resulting from the existing rules.  Therefore, the proposed
rules are approximately 23 percent more effective than the existing
rules at reducing ozone precursors.  

Federal Standards Statement

Executive Order No.  27(1994) and P.L.  1995, c.  65 require State
agencies that adopt,

readopt or amend State regulations that exceed any Federal standards or
requirements to include in the rulemaking document a comparison with
Federal law.  

The proposed new rules and amendments to the Department's enhanced I/M
program rules do not modify the program design so as to impose standards
or requirements that exceed any Federal standards or requirements.  (The
Federal regulations that control establishment of enhanced I/M programs
are set forth generally at 40 C.F.R.  Parts 51 and 85.) Specifically,
the Department is proposing to update the regulatory framework for the
implementation of mandatory OBD inspections, and to continue exhaust
emissions testing.   The proposed program design does not exceed the
Federal requirements set forth at 40 C.F.R.  Parts 51 and 85, nor does
this proposal impose standards that exceed Federal requirements for
those standards provided by the USEPA.  Accordingly, no Federal
standards analysis is required.

Jobs Impact

The Department anticipates that the proposed new rules and amendments
may create additional employment opportunities within New Jersey.   As
discussed in the Economic Impact above, the cost of the test equipment
that Private Inspection Facilities must purchase will be substantially
lower than is required under the existing rules.   Consequently, the
Department expects that more automotive facilities will become licensed
Private Inspection Facilities which, in turn, will require additional
licensed inspectors.   Moreover, the proposed inclusion of light-duty
diesel vehicle emissions testing in the I/M program may create a broader
market for trained light-duty diesel vehicle repair technicians.   Those
light-duty diesel vehicles that fail inspection will require repairs or
maintenance in order that they can pass.   Trained technicians will be
required in order to perform the repairs.   

The increased demand for licensed Private Inspection Facility inspectors
and trained light-duty diesel vehicle technicians may also produce
additional demand for appropriate instructors at the schools and
businesses that provide inspector and technician training.  

Agricultural Industry Impact

The Department has evaluated the proposed new rules and amendments to
determine the nature and extent of their impact on the agriculture
industry.  

The proposed new rules and amendments are expected to have no
detrimental impact on the State’s agriculture industry.  Rather, these
amendments will have a positive impact.  As discussed in the
Environmental Impact above, one of the environmental benefits expected
to result from the proposed amendments and rules will be a reduction in
emissions of NOx and particulate matter, which accumulates in air and
deposits in soil, as well as in water.  According to the USEPA, these
depositions can make lakes and streams acidic, change the nutrient
balance in coastal waters and large river basins, deplete the nutrients
in soil, damage sensitive forests and farm crops, and negatively affect
the diversity of ecosystems.  There will also be a reduction in
particulate matter accumulation on agricultural growth.  This reduction
in accumulation will have a positive impact by reducing the damage to
that growth that interferes with photosynthesis.  The proposed rules
would also result in the reduction of VOCs.  Since VOCs and NOx are
precursors to ozone formation, decreases in emissions of these chemicals
will also result in reduced ozone.  This reduction in ozone will have a
positive impact by reducing the damage to agriculture.  In addition to
the damage on the foliage of plants and trees, ozone interferes with a
plant’s ability to produce and store nutrients, which makes plants
more susceptible to disease, insects, other pollutants, and harsh
weather.  According to the USEPA, this damage impacts annual crop
production throughout the United States, resulting in significant
losses, and injures native vegetation and ecosystems.

Regulatory Flexibility Analysis

As required by the New Jersey Regulatory Flexibility Act, N.J.S.A. 
52:14B-16 et seq.,

the Department has evaluated the reporting, recordkeeping and other
compliance requirements that the proposed new rules and amendments would
impose upon small businesses.  The Regulatory Flexibility Act defines
the term “small business” as “any business which is a resident in
this State, independently owned and operated and not dominant in its
field, and which employs fewer than 100 full-time employees.”

The small businesses most impacted by these proposed rules would be
licensed Private Inspection Facilities and registered Emission Repair
Facilities.  Although the Department proposes to amend the specific test
procedures and standards that Private Inspection Facilities use for
vehicle testing, the proposed rules do not impose any additional
reporting or recordkeeping requirements.  Most of the inspection
information is captured electronically by the inspection analyzer and
automatically transmitted to the State’s database.  Since the cost of
the inspection equipment will be significantly less with the tests
proposed herein, as discussed in the Economic Impact above, the cost of
compliance for Private Inspection Facilities will be reduced.  

The cost of compliance for small businesses that are Diesel Emission
Inspection Centers will increase.  Diesel Emission Inspection Centers
will be required to purchase new testing equipment for the proposed I/M
program at a cost greater than their current equipment cost.  On the
other hand, recordkeeping requirements for the Diesel Emission
Inspection Centers will decrease.  Currently, the Diesel Emission
Inspection Centers have to maintain paper records of the heavy-duty
diesel vehicle inspections and fill out forms by hand.  The proposed I/M
system will include computerized electronic inspection data capture for
all Diesel Emission Inspection Center inspections.  

The proposed deletion of the repair cost waiver at N.J.A.C. 7:27-15.3(c)
and 7:27-15.5(d)2 will eliminate the need for small businesses to
collect and retain vehicle repair receipts for the purpose of
inspection.

For small businesses that are registered to perform emission-related
repairs, the emission testing of light-duty diesel vehicles will have a
positive impact as a result of the additional repairs that will be
required. That is, those businesses will benefit from the additional
emission-related repairs generated by the failure of some light-duty
diesel vehicles.

To the extent that some small businesses may be owners of light-duty
diesel vehicles, there may be an increased cost of compliance for those
businesses under the proposed rules as light-duty diesel vehicles will
require an emissions inspection.  As some light-duty diesel vehicles are
expected to fail emissions inspection and need maintenance or repair,
the cost of repair will be borne by the vehicle owner.  

To the extent that some small businesses may be owners of light-duty
gasoline vehicles of model year 1981 through 1995, there may be a
decreased cost of compliance as a result of the projected reduction in
failure rate of those vehicles.  

Smart Growth Impact

Executive Order No.4 (2002) requires State agencies that adopt, amend or
repeal State regulations to include in the rulemaking document a Smart
Growth Impact statement that describes the impact of the proposed rules
on the achievement of smart growth and

implementation of the State Development and Redevelopment Plan (State
Plan).  

	The proposed new rules and amendments do not impact the State's
official land use and development policies in a way that would either
encourage or discourage any development or redevelopment in this State
contrary to the guiding principles of the State Plan.  As a result, the
Department does not expect this rulemaking to have an impact on the
State's achievement of smart growth, or implementation of the State
Plan.

	Because the proposed new rules and amendments are intended to reduce
the creating of ground-level ozone, primarily through the reduction in
emissions of VOCs and NOx, thereby helping to protect air quality, the
proposed rules support the State Plan’s goal of protecting the
environment and preventing air pollution by implementing a strategy of
reducing air pollution at the source.

Housing Affordability Impact Analysis

Pursuant to N.J.S.A. 52:14B-4, as amended effective July 17, 2008, by
P.L. 2008, c. 46, the Department has evaluated the proposed new rules
and amendments determine their impact, if any, on the affordability of
housing.  The rules regulate gasoline-powered and diesel-powered motor
vehicles.   The Department has determined that the proposed new rules
and amendments will impose an insignificant impact because there is an
extreme unlikelihood that the rules will evoke a change in the average
costs associated with housing.  

Smart Growth Development Impact Analysis

Pursuant to N.J.S.A. 52:14B-4, as amended effective July 17, 2008, by
P.L. 2008, c. 46, the Department has evaluated the proposed new rules
and amendments to determine their impact, if any, on smart growth
development. The rules regulate gasoline-powered and diesel-powered
motor vehicles.  The Department has determined that the new rules and
amendments will impose an insignificant impact because there is an
extreme unlikelihood that the rules will evoke a change in housing
production in Planning Areas 1 or 2, or within designated centers, under
the State Development and Redevelopment Plan.   Therefore the new rules
and amendments will not evoke a change in housing production in Planning
areas 1 or 2, or within designated centers. 

Full text of the proposal follows (additions indicated in boldface thus;
deletions indicated in brackets [thus]): 

CHAPTER 27 AIR POLLUTION CONTROL

SUBCHAPTER 14 	CONTROL AND PROHIBITION OF AIR POLLUTION FROM

DIESEL-POWERED MOTOR VEHICLES

7:27-14.1 Definitions

The following words and terms, when used in this subchapter, shall have
the following meanings, unless the context already indicates otherwise.

...  

[“Black smoke” means smoke in the exhaust emissions of a
diesel-powered motor vehicle which has a dark achromatic visual value
and produces no predominant hue.

“Blue smoke” means smoke in the exhaust emissions of a
diesel-powered motor vehicle which has a hue of the portion of the
visible light spectrum which lies between green and violet.]

...

“Data link connector” or “DLC” means a standardized 16-pin
diagnostic test receptacle used to connect an analyzer to a motor
vehicle.

...

“Diagnostic Trouble Code” or “DTC” means an alphanumeric code
stored in the on board diagnostic system of a motor vehicle, which
generally indicates the malfunction of a system or component.  These
codes are defined by SAE J2012 Diagnostic Trouble Code Definitions,
(MAR92).  Copies of SAE J2012 may be obtained from the Society of
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA
15096–0001.

...

“Diesel emissions testing equipment” means equipment used to conduct
a test of a diesel-powered motor vehicle in accordance with N.J.A.C.
7:27B-4, and which satisfies all applicable specifications set forth at 
N.J.A.C. 7:27B-4.2(d) and 4.6.  For motor vehicle inspections conducted
pursuant to N.J.A.C. 7:27B-4 and this subchapter, this term shall
include all devices used for performing a motor vehicle inspection
including, but not limited to, smoke opacity meters, exhaust gas
analyzers, on board diagnostic scanners and analyzers, and computers and
related software.

...

“Emission control apparatus” means any device utilized by the
vehicle manufacturer and/or the engine manufacturer to control the
release of any regulated emission, including any associated component
which monitors the function and maintenance of such a device, regardless
of the location of the device on the vehicle.  This term shall also
include any retrofit device added to the vehicle or engine as part of a
mandatory or voluntary retrofit program for emission control.

…

“EPA Memorandum 1A” means the memorandum dated June 25, 1974, and
issued by the EPA's Office of Enforcement and General Counsel, which
sets forth the EPA's interim tampering enforcement policy.  This term
also includes any revisions to the policy set forth in the June 25, 1974
memorandum that are subsequently issued by the EPA.  A copy of this EPA
memorandum has been filed with the Office of Administrative Law and may
be obtained from the Bureau of Motor Vehicle Inspection and Maintenance
in the Department of Environmental Protection.

...

“Malfunction indicator light” or “MIL” means the light located
on the dashboard instrument panel of an OBD-equipped motor vehicle that
indicates a malfunction detected by the OBD system by illuminating the
words “check engine,” “service engine,” or an engine pictograph
with the word “check” or “service.”

...

"OBD-eligible" means capable of receiving an OBD inspection as
determined by the Department in accordance with N.J.A.C. 7:27-14.5(g).

“On board diagnostics” or “OBD” means an automotive diagnostic
system complying with California OBD regulations at Title 13 California
Code section 1968.1 or EPA OBD regulations at 40 CFR Part 86.  

…

“Retrofit device” means [a best available retrofit technology for
installation on an on-road diesel vehicle or on a piece of off-road
diesel equipment.] any emissions control apparatus, including exhaust
aftertreatment device, that has been installed on the vehicle or engine
after the original manufacturing date of the complete vehicle.  

...

7:27-14.2 Applicability

(a)-(b) (No change.)

[(c) 	N.J.A.C. 7:27-14.5 and 14.6 do not apply to light-duty diesel
vehicles.]

7:27-14.3 General prohibitions

(a)-(d) (No change.)

(e)	[No] Except as set forth in (e)1 below, no person shall cause,
suffer, allow or permit any emission control apparatus or element of
design installed on any diesel-powered motor vehicle or diesel engine to
be disconnected, detached, deactivated, or in any other way rendered
inoperable or less effective, in respect to limiting or controlling
emissions than it was designed to be by the original equipment or
vehicle manufacturer, except for the purposes of diagnostics,
maintenance, repair or replacement and only for the duration of such
operations.  

1.	Any modification to an emission control apparatus or element of
design shall be performed in accordance with EPA Memorandum 1A.   A
device that modifies an emission control apparatus or element of design
may be installed only if it is exempt from prohibition by CARB executive
order.  Information on devices or modifications approved by CARB
executive order may be obtained from the California Air Resources Board,
1001 “I” Street, PO Box 2815, Sacramento, CA 95812 or at
www.arb.ca.gov.  

(f) (No change.)

7:27-14.4 General public highway standards

(a) No person shall cause, suffer, allow or permit the operation of any
diesel-powered motor vehicle upon the public roads, streets or highways
of the State or upon any public property or upon any quasi-public
roadway in the State, if the vehicle:

1.  - 3.  (No change.)

4.  Has an emission control apparatus or an element of design installed
on the vehicle or diesel engine or exhaust system which has been
disconnected, detached, deactivated, or in any other way rendered
inoperable or less effective than designed by the original equipment or
vehicle or engine manufacturer; or

5.  (No change.)

7:27-14.5 Test requirements

(a) A person testing a heavy–duty diesel[-powered motor] vehicle as
part of the roadside enforcement program established pursuant to
N.J.S.A.  39:8-64 and 13:20-46 shall use diesel emissions testing
equipment and shall use one or more of the following tests, as
designated by the Chief Administrator of the MVC in consultation with
the Department and the New Jersey Department of Transportation, and with
the approval of the Attorney General:

1. (No change.)

2.	The rolling acceleration smoke opacity test, as described at N.J.A.C.
7:27B-4.3(a); or

3.  The power brake smoke opacity test, for a vehicle with [a medium or
high speed diesel engine and] an automatic transmission, only, as
described at  7:27B-4.3(c)[; or

4.  The visible black smoke screening test, as described at 
7:27B-4.3(d)].

(b) A person testing a heavy-duty diesel vehicle as part of the periodic
inspection program established pursuant to N.J.S.A.  39:8-64 and
13:20-26.17; a diesel bus as part of the periodic inspection program
pursuant to N.J.A.C. 13:20-30, or N.J.S.A.  48:4-1 et seq.  and N.J.A.C.
16:53; or a diesel-powered motor vehicle as part of the self-inspection
programs pursuant to N.J.A.C. 13:20-26 or 16:53-3.27, shall use diesel
emissions testing equipment, and shall use one of the following tests:  

1.  (No change.)

2.  The rolling acceleration smoke opacity test, as described at 
7:27B-4.3(b); or

3.  The power brake smoke opacity test, for a vehicle with [a medium or
high speed diesel engine and] an automatic transmission, only, as
described at  7:27B-4.3(c)[; or].

[4.  (Reserved)

(c) A person testing a diesel bus as part of the periodic inspection
program pursuant to 13:20-30, or N.J.S.A.  48:4-1 et seq.  and 16:53,
shall use one of the following tests:

1.  The snap acceleration smoke opacity test, for a vehicle with a low
speed engine, only, as described at  7:27B-4.3(a); or

2.  The power brake smoke opacity test, for a vehicle with an automatic
transmission, only, as described at  7:27B-4.3(c).

(d) A person testing a diesel-powered motor vehicle as part of the
self-inspection programs pursuant to 13:20-26 or at  16:53-3.27 shall
use one of the following tests:

1.  The snap acceleration smoke opacity test, for a vehicle with a low
speed engine, only, as described at  7:27B-4.3(a);

2.  The rolling acceleration smoke opacity test, as described at 
7:27B-4.3(b); or

3.  The power brake smoke opacity test, for a vehicle with an automatic
transmission, only, as described at  7:27B-4.3(c).]

(c) A person testing a light-duty diesel vehicle subject to inspection
in accordance with N.J.S.A.  39:8-1 shall use the following:  

1.  A visible smoke test conducted in accordance with N.J.A.C.
7:27B-4.7; and

2.  For light-duty diesel vehicles of model year 1997 or later, an OBD
inspection utilizing diesel emissions testing equipment and conducted in
accordance with N.J.A.C. 7:27B-4.8. 

Recodify (e) through (g) as (d) through (f)	(No change in text.) 

(g)  A motor vehicle that is not equipped with an OBD system is not
OBD-eligible.  A motor vehicle that is equipped with an OBD system is
OBD-eligible, unless it meets one of the following criteria:

1. The motor vehicle has a DLC that is in a location not readily
accessible during an typical inspection procedure, provided that the DLC
is in its original configuration as supplied by the motor vehicle
manufacturer and has not been obstructed, damaged, removed or modified;

2. The motor vehicle OBD system, as designed by the motor vehicle
manufacturer, has difficulty setting or maintaining an adequate number
of readiness monitors;

3. The motor vehicle OBD system, as designed by the motor vehicle
manufacturer, employs a communications protocol that is currently
incompatible with approved diesel emissions testing equipment; or

4. The motor vehicle is otherwise identified by the EPA or the
Department as not technologically or functionally capable of OBD
inspection.

(h)  The Department shall maintain a list of makes and model years of
motor vehicles that it has determined to not be OBD-eligible, based on
the criteria set forth at (g) above. A copy of this list will be
available from the Department by contacting the Bureau of Motor Vehicle
Inspection and Maintenance at (609) 530-4035 and can also be viewed and
downloaded from the Department's website at   HYPERLINK
"http://www.state.nj.us/dep/aqm"  www.state.nj.us/dep/aqm .

 7:27-14.6 Inspection standards

(a) No heavy-duty diesel[-powered motor] vehicle or diesel bus shall be
deemed to have passed an inspection unless it meets: 

1.  – 2.  (No change.)

(b) (No change.)

(c) A diesel bus, tested using the snap acceleration smoke opacity test,
the rolling acceleration smoke opacity test or the power brake smoke
opacity test, set forth at 7:27B-4, shall not emit smoke in the exhaust
emissions which exceeds the following opacity standards:

1.-3.  (No change.)

(d) A retrofitted EPA urban diesel bus, tested using the snap
acceleration smoke opacity test, the rolling acceleration smoke opacity
test, or the power brake smoke opacity test, set forth at  7:27B-4,
shall not emit smoke in the exhaust emissions which exceeds a peak smoke
opacity standard of 30 percent.

(e)-(g) (No change.) 

(h) A light-duty diesel vehicle shall not emit visible smoke of any
color in the exhaust emissions or in the crankcase emissions for a
period in excess of three consecutive seconds when measured using the
test procedure established at N.J.A.C. 7:27B-4.7.

(i) If, pursuant to the provisions of N.J.A.C. 7:27-14.5(c)2, a
light-duty diesel vehicle is subject to an OBD inspection conducted in 
accordance with the inspection test procedure at N.J.A.C. 7:27B-4.8, it
shall be considered to have passed said inspection unless:

1.  The DLC cannot be found or is damaged/obstructed in such a way as to
not allow a connection between the analyzer and the motor vehicle;

2.  Communication cannot be established between the analyzer and the
vehicle’s OBD system;

3.  The MIL is not illuminating when commanded to light;  

4.  The number of systems that have non-continuous readiness monitors
that are not ready for inspections equals or exceeds the following
criteria: three “not ready” codes for motor vehicles model year 1997
through 2000 and two “not ready” codes for motor vehicles model year
2001 and newer;

5.  Any continuous readiness monitor is not supported or not ready;

6.  The MIL is illuminated while the vehicle’s engine is running; or

7.  DTCs have been detected by the OBD system to cause the MIL to be
commanded on.  

Appendix

The following table highlights the provisions of N.J.A.C. 7:27-14.5 to
show generally the emissions tests to be administered to each category
of vehicle inspected or reinspected:

Test/model year	

1996 and older	

1997 and newer



smoke opacity	

GVWR > 8500	

GVWR > 8500



visible smoke

(periodic inspection)	

GVWR < 8501	

GVWR < 8501



visible smoke

(roadside inspection)

	

all	

all



OBD	

-- 	

GVWR < 8501



SUBCHAPTER 15  CONTROL AND PROHIBITION OF AIR POLLUTION FROM
GASOLINE-FUELED MOTOR VEHICLES

7:27-15.1	Definitions tc \l1 "7:27-15.1	Definitions 

The following words and terms, when used in this subchapter, shall have
the following meanings unless the context clearly indicates otherwise.

“Autobus” means any bus of any size or configuration, whether
registered in this State or elsewhere, that is designed or used for
intrastate or interstate transportation of passengers for hire or
otherwise on a public road, street or highway or any public or
quasi-public property in this State, including, but not limited to,
autobuses under the jurisdiction of the New Jersey Department of
Transportation pursuant to Titles 27 or 48 of the Revised Statutes;
autobuses of the New Jersey Transit Corporation and its contract
carriers that are under the inspection jurisdiction of the New Jersey
Department of Transportation; autobuses that are subject to Federal
motor carrier safety regulations; autobuses under the authority of the
Interstate Commerce Commission or its successor agency; school buses, as
defined pursuant to N.J.S.A.  39:1-1; and hotel, casino, charter, and
special buses.

...

“Diagnostic Trouble Code” or “DTC” means an alphanumeric code
stored in the on board diagnostic system of a motor vehicle, which
generally indicates the malfunction of a system or component.  These
codes are defined by SAE J2012 Diagnostic Trouble Code Definitions,
(MAR92).  Copies of SAE J2012 may be obtained from the Society of
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA
15096–0001.

...

[“Division of Motor Vehicles” or “DMV” means the Division of
Motor Vehicles within the New Jersey Department of Transportation.]

...

“EPA Memorandum 1A” means the memorandum dated June 25, 1974, and
issued by the EPA's Office of Enforcement and General Counsel, which
sets forth the EPA's interim tampering enforcement policy.  This term
also includes any revisions to the policy set forth in the June 25, 1974
memorandum that are subsequently issued by the EPA.  A copy of this EPA
memorandum has been filed with the Office of Administrative Law and may
be obtained from the Bureau of [Transportation Control] Motor Vehicle
Inspection and Maintenance  in the Department of Environmental
Protection.

...

“Gasoline-fueled” means powered in whole or in part by a hydrocarbon
fuel other than diesel fuel, including, but not limited to, gasoline,
natural gas, liquified petroleum gas, or propane, or powered by alcohol
fuels, hydrocarbon-alcohol fuel blends or hydrogen.

...

[“Loaded vehicle weight” or “LVW” means the vehicle curb weight
plus 300 pounds.]

[“Low mileage vehicle” means a motor vehicle that is driven less
than 10,000 miles during a biennial inspection period.]

“Malfunction indicator light” or “MIL” means the light located
on the dashboard

instrument panel of an OBD-equipped motor vehicle that indicates a
malfunction detected by the OBD system by illuminating the words
“check engine,” “service engine,” or an engine pictograph with
the word “check” or “service.”

...

“Motor Vehicle Commission” or “MVC” means the New Jersey Motor
Vehicle Commission established by the Motor Vehicle Security and
Customer Service Act (N.J.S.A. 39:2A-1 et seq.).

“Motor vehicle testing equipment” means equipment used to conduct a
test of a gasoline-fueled motor vehicle set forth at N.J.A.C. 7:27B-5,
and which satisfies all applicable specifications set forth at  N.J.A.C.
[7:27B-5.9] 7:27B-5.8, Specifications for motor vehicle testing
equipment for use in the New Jersey Enhanced Inspection and Maintenance
Program.  For motor vehicle inspections conducted pursuant to N.J.A.C.
7:27B-5 and this subchapter, this term shall include all devices used
for performing a motor vehicle inspection, including, but not limited
to, exhaust gas analyzers, dynamometers, on-board diagnostic scanners
and analyzers, fuel cap leak testers, and computers and related
software.

...

“Official inspection facility” means a test-only inspection facility
operated by, licensed by, or under contract with the [DMV] MVC whose
exclusive function is conducting emissions inspections.

“On board diagnostics” or “OBD” means an automotive diagnostic
system complying with California OBD regulations at Title 13 California
Code section 1968.1 or EPA OBD [II] regulations at 40 CFR Part 86
[effective for model year 1996 and newer motor vehicles].

...

“Private inspection facility” or “PIF” means a facility licensed
by the  [DMV] MVC to perform emissions inspections that may also offer
motor vehicle parts and repair services.

...

7:27-15.3	General public highway standards tc \l1 "7:27-15.3	General
public highway standards 

(a)	(No change.)

(b)	No owner or operator of a gasoline-fueled motor vehicle shall cause,
suffer, allow or permit the operation of the motor vehicle upon the
public roads, streets, or highways of the State, or any public or
quasi-public property in the State, if the vehicle emits hydrocarbons
(HC)[,] or carbon monoxide (CO)[, or oxides of nitrogen (NOx)] in the
exhaust emissions in excess of any applicable standards set forth at
N.J.A.C. 7:27-15.6(b).

(c)	No owner or operator of a gasoline-fueled motor vehicle shall cause,
suffer, allow or permit the operation of the motor vehicle upon the
public roads, streets or highways of the State or any public or
quasi-public property in the State if the motor vehicle does not satisfy
and pass all applicable motor vehicle inspection testing requirements at
N.J.A.C. 7:27-15.5 [unless the motor vehicle has been issued a waiver in
accordance with N.J.A.C. 13:20-43.13].

(d)	(No change.)

7:27-15.5	Motor vehicle inspections tc \l1 "7:27-15.5	Motor vehicle
inspections 

(a)	(No change.)

(b)	The motor vehicle shall be inspected at least once every two years. 
This biennial inspection shall be deemed an “on-cycle” inspection
and shall include an initial inspection, together with any reinspections
required pursuant to (h) below.  In addition, in accordance with its
procedures, the [DMV] MVC may require the owner of a motor vehicle to
have it inspected more frequently than every two years.  Such more
frequent inspections shall be deemed to be “off-cycle” inspections
and shall also include an initial inspection together with any
reinspections required pursuant to (h) below.   In the case of a motor
vehicle subject to the school bus inspection program as generally set
forth at N.J.A.C. 13:20-30, an initial inspection shall be required
[semi-]annually as provided at N.J.A.C. 13:20-30.13.

(c)	Initial inspections and reinspections for an on-cycle or an
off-cycle inspection shall be performed at either an official inspection
facility or at a PIF, or, in the case of a motor vehicle subject to the
[DMV’s] MVC’s school bus inspection program as generally set forth
at N.J.A.C. 13:20-30.1, at the premises or place of business of the
operator of such vehicle, as provided at N.J.A.C. 13:20-30.13.

(d)	A motor vehicle inspection is not complete until[:

1.	The] the motor vehicle passes all of the tests and satisfies all of
the requirements, as specified in (f) below, that constitute the
inspection or reinspection at an appropriate inspection facility, as
specified in (c) above[; or

2.	The motor vehicle has been issued a waiver in accordance with
N.J.A.C. 13:20-43.13].

(e)	(No change.)

(f)	A motor vehicle inspection shall include the following:

1.-2.  	(No change.)

3.	For an LDGV, LDGT or HDGV of model year 1975 or later, an emission
control apparatus compliance examination conducted in accordance with
N.J.A.C.[7:27B-5.6] 7:27B-5.5;

4.	For an LDGV, LDGT or HDGV of model year 2000 or earlier originally
equipped with a sealed fuel filler cap (that is, not a directly vented
fuel filler cap), a fuel cap leak test utilizing motor vehicle testing
equipment approved by the Department and conducted in accordance with
N.J.A.C. [7:27B- 5.8] 7:27B-5.7; and

5.	(No change.)

(g)	[On and after June 1, 2003, an] An OBD-eligible motor vehicle will
receive an OBD inspection.   For a motor vehicle that is not
OBD-eligible [and for all motor vehicles inspected prior to June 1,
2003, ] the exhaust emission test to be used pursuant to (f)2 above
shall be as follows:

1.	The idle test set forth at N.J.A.C. 7:27B-5.3(b), if the motor
vehicle is either of the following types:

i.	(No change.)

ii.	A motor vehicle that has a GVWR in excess of 8,500 pounds; or

2.	[The 2,500 RPM test set forth at N.J.A.C. 7:27B-5.4, if the motor
vehicle is any of the following types and is not otherwise designated
for testing with the idle test, as determined at(g)1 above:

i.	A motor vehicle of model year 1981 or later that employs either
full-time four-wheel drive or non-disengageable traction control;

ii.	A low mileage vehicle of model year 1981 or later; or

iii.	A gasoline-fueled motor vehicle subject to inspection as part of
the school bus inspection program, as generally set forth at N.J.A.C.
13:20-30.13; or

3.	The ASM5015 test set forth at N.J.A.C. 7:27B-5.5, if the motor
vehicle is either of the following types and is not otherwise designated
for testing with either the idle test, as determined at (g)1 above, or
the 2,500 RPM test, as determined at (g)2 above:]

	The two speed idle test  at N.J.A.C 7:27B-5.4, if the motor vehicle is
either of the following types and is not otherwise designated for
testing with the idle test, as determined at (g)1 above: 

i.-ii.  (No change.)

(h)	The owner of a motor vehicle that fails to pass all of the tests
that constitute a motor vehicle inspection pursuant to (f) above shall
have it reinspected in accordance with every applicable element of (f)
above by the deadline specified by the [DMV] MVC at N.J.A.C. 13:20-7.5,
7.6(a) or 43.14(g), as applicable.   Operation of the motor vehicle upon
the public roads, streets or highways of the State or any public or
quasi-public property in the State shall be prohibited pursuant to
N.J.A.C. 7:27-15.3(c) unless, by the deadline established by the [DMV]
MVC  at N.J.A.C. 13:20-7.5, 7.6(a) or 43.14(g), as applicable[:

1.	The] , the motor vehicle passes all of the tests and meets all the
requirements that constitute the inspection or reinspection[; or

2.	A waiver is issued pursuant to N.J.A.C. 13:20-43.13].

(i)	An on-road inspection conducted pursuant to N.J.A.C. 13:20-43.14 may
include the following:

1.-2.  (No change.)

3.	[A 2,500 RPM test utilizing motor vehicle testing equipment approved
by the Department and conducted in accordance with N.J.A.C. 7:27B-5.4] A
two speed idle test utilizing motor vehicle testing equipment and
conducted in accordance with N.J.A.C. 7:27B-5.4;

[4.	An ASM5015 test utilizing motor vehicle testing equipment approved
by the Department and conducted in accordance with N.J.A.C. 7:27B-5.5;]

[5.]4.	For an LDGV, LDGT or HDGV of model year 1975 or later, an
emission control apparatus compliance examination conducted in
accordance with N.J.A.C. [7:27B- 5.6] 7:27B-5.5;

[6.]5.	For an LDGV, LDGT or HDGV of model year 2000 or earlier
originally equipped with a sealed fuel filler cap (that is, not a
directly vented fuel filler cap), a fuel cap leak test utilizing motor
vehicle testing equipment approved by the Department and conducted in
accordance with N.J.A.C. [7:27B-5.8] 7:27B-5.7;

[7.]6.	For an LDGV or LDGT of model year 1996 or later, an OBD
inspection utilizing motor vehicle testing equipment approved by the
Department and conducted in accordance with N.J.A.C. [7:27B-5.7]
7:27B-5.6; and

[8.]7.	Any other tests deemed appropriate by the [Director] Chief
Administrator  of the [DMV] MVC  that are directed toward detecting acts
of tampering with emission control apparatus specifically prohibited at
N.J.A.C. 7:27-15.7(a)1 or toward identifying vehicles operated in
violation of N.J.A.C. 7:27-15.3(d).  Such tests may include visual or
functional checks of emission control apparatus and elements of design.

(j)-(k) (No change.)

(l)	Each year [DMV] MVC shall conduct a program evaluation test which
shall entail additional testing for at least 0.1 percent of those motor
vehicles subject to inspection during that year.  The motor vehicles
subject to the program evaluation testing shall be selected by the [DMV]
MVC in accordance with its procedures.  [The program evaluation test
shall consist of one or more IM240 tests performed in accordance with
N.J.A.C. 7:27B-5.6.  The program evaluation test shall be performed
after, and in addition to, any other inspection procedures required
pursuant to this section.] The results of the program evaluation test
shall not be used in determining whether a motor vehicle has passed or
failed its motor vehicle inspection with regard to exhaust emissions.

(m)	(No change.)

(n)	The Department shall maintain a list of makes and model years of
motor vehicles that it has determined to not be OBD-eligible, based on
the criteria set forth at (m) above.   A copy of this list will be
available from the Department by contacting the Bureau of
[Transportation Control] Motor Vehicle Inspection and Maintenance at
(609) 530-4035 and can also be viewed and downloaded from the
Department’s website at www.state.nj.us/dep/aqm.

7:27-15.6	Motor vehicle inspection standards tc \l1 "7:27-15.6	Motor
vehicle inspection standards 

(a)	(No change.)

(b)	A light-duty gasoline-fueled vehicle, light-duty gasoline-fueled
truck or heavy-duty gasoline-fueled vehicle shall not emit carbon
monoxide (CO)[,] or hydrocarbons (HC)[, or oxides of nitrogen (NOx)] in
the exhaust emissions in excess of the following standards:

1.	(No change.)

TABLE 1

	EXHAUST EMISSION STANDARDS 

	FOR THE IDLE TEST

	

	LDGVs and LDGTs Powered by Gasoline

Model Year	

CO

(% by volume)	

HC

(ppm as hexane)



Pre-1968	

8.5	

1400



1968-1970	

7.0	

700



1971-1974	

5.0	

500



1975-1980	

3.0	

300



1981 & Later	

1.2	

220

	[LDGVs and LDGTs Powered by a Fuel Other Than Gasoline

	(Reserved)]

	

	HDGVs Powered by Gasoline

Model Year	

CO

(% by volume)	

HC

(ppm as hexane)



Pre-1968	

8.5	

1400



1968-1970	

8.5	

1200



1971-1974	

6.0	

700



1975-1978	

4.0	

500



1979 & Later	

3.0	

300



[HDGVs Powered by a Fuel Other Than Gasoline

	(Reserved)]

2.	If, pursuant to the provisions of N.J.A.C. 7:27-15.5(g), a motor
vehicle is tested using the [2500 RPM] two speed idle test, the motor
vehicle shall be subject to the applicable exhaust emission standards
set forth in Table 2 below.   Compliance with these standards shall be
determined in accordance with the inspection test procedure at N.J.A.C.
7:27B-5.4;

	TABLE 2

	EXHAUST EMISSION STANDARDS 

	FOR THE [2,500 RPM] TWO SPEED IDLE TEST

LDGVs and LDGTs Powered by Gasoline

Model Year	

CO

(percent by volume)	

HC

(ppm as hexane)



1981 & Later	

[0.5] 1.2	

[100] 220



	[LDGVs and LDGTs Powered by a Fuel Other Than Gasoline

	(Reserved)]

[3.	If, pursuant to the provisions of N.J.A.C. 7:27-15.5(g), a motor
vehicle is tested using the ASM5015 test, the motor vehicle shall be
subject to the applicable exhaust emission standards set forth in Table
3 below.   Compliance with these standards shall be determined in
accordance with the inspection test procedure at N.J.A.C. 7:27B-5.5.

	TABLE 3

	EXHAUST EMISSION STANDARDS

	FOR THE ASM5015 TEST

	LDGVs Powered by Gasoline

	

Model Years	

HC*	

CO*	

NOx*



1981-1982	

4	

13	

19



1983-1990	

4	

11	

19



1991-1995	

2	

10	

18



1994+ Tier 1	

1	

9	

17

*The numbers given in this column refer to the appropriate column number
in Table 4 below, which contains the actual exhaust emission standards.

	LDGVs Powered by a Fuel Other Than Gasoline

	(Reserved)

	LDGT1s Powered by Gasoline

	

Model Years	

HC*	

CO*	

NOx*



1981-1983	

8	

16	

24



1984-1987	

6	

15	

24



1988-1990	

6	

15	

20



1991-1995	

5	

13	

19



1994+ Tier 1	

	

	





((3750 LVW)	

1	

9	

17



(>3750 LVW)	

2	

10	

18

*The numbers given in this column refer to the appropriate column number
in Table 4 below, which contains the actual exhaust emission standards.	

LDGT1s Powered by a Fuel Other Than Gasoline

(Reserved)

LDGT2s Powered by Gasoline

	

Model Years	

HC*	

CO*	

NOx*



1981-1983	

8	

16	

24



1984-1987	

6	

15	

24



1988-1990	

6	

15	

23



1991-1995	

5	

13	

22



1994+ Tier 1	

	

	





((5750 LVW)	

2	

10	

18



(>5750 LVW)	

5	

13	

21

*The numbers given in this column refer to the appropriate column number
in Table 4 below, which contains the actual exhaust emission standards.

LDGT2s Powered by a Fuel Other Than Gasoline

(Reserved)

TABLE 4 

	

Hydrocarbons (ppm)	

Carbon Monoxide (percent)	

Oxides of Nitrogen (ppm)



Column Numbers	

1	

2	

3	

4	

5	

6	

7	

8	

9	

10	

11	

12	

13	

14	

15	

16	

17	

18	

19	

20	

21	

22	

23	

24



LVW(*)



























1750	

142	

224	

257	

291	

324	

390	

407	

774	

0.80	

1.26	

1.64	

2.02	

2.78	

3.16	

3.54	

4.31	

1212	

1819	

2272	

2725	

3178	

3631	

4084	

4990



1875	

134	

212	

243	

275	

306	

368	

384	

729	

0.75	

1.19	

1.55	

1.91	

2.63	

2.98	

3.34	

4.06	

1142	

1713	

2181	

2649	

3117	

3586	

4054	

4990



2000	

127	

201	

230	

260	

289	

348	

363	

688	

0.71	

1.13	

1.47	

1.81	

2.48	

2.82	

3.16	

3.83	

1077	

1616	

2058	

2499	

2941	

3383	

3824	

4778



2125	

121	

191	

219	

246	

274	

329	

343	

650	

0.68	

1.07	

1.39	

1.71	

2.35	

2.67	

2.99	

3.63	

1018	

1527	

1944	

2360	

2776	

3192	

3609	

4578



2250	

115	

182	

208	

234	

260	

312	

325	

615	

0.64	

1.02	

1.32	

1.62	

2.23	

2.53	

2.83	

3.44	

964	

1446	

1839	

2232	

2625	

3018	

3411	

4395



2375	

109	

173	

198	

223	

247	

297	

309	

583	

0.61	

0.97	

1.26	

1.54	

2.12	

2.40	

2.69	

3.26	

915	

1372	

1744	

2115	

2487	

2859	

3231	

4228



2500	

105	

166	

189	

212	

236	

283	

294	

554	

0.59	

0.93	

1.20	

1.47	

2.02	

2.29	

2.56	

3.10	

869	

1304	

1657	

2009	

2361	

2714	

3066	

4076



2625	

100	

159	

181	

203	

225	

270	

281	

528	

0.56	

0.89	

1.15	

1.41	

1.92	

2.18	

2.44	

2.96	

828	

1242	

1577	

1912	

2246	

2581	

2916	

3936



2750	

96	

152	

173	

194	

216	

258	

269	

503	

0.54	

0.85	

1.10	

1.34	

1.84	

2.09	

2.33	

2.83	

791	

1186	

1504	

1823	

2142	

2460	

2779	

3809



2875	

92	

146	

167	

187	

207	

247	

257	

481	

0.52	

0.82	

1.05	

1.29	

1.76	

2.00	

2.23	

2.71	

756	

1134	

1438	

1742	

2046	

2350	

2654	

3669



3000	

89	

141	

160	

180	

199	

237	

247	

461	

0.50	

0.79	

1.01	

1.24	

1.69	

1.92	

2.14	

2.60	

725	

1088	

1378	

1668	

1959	

2249	

2539	

3510



3125	

86	

136	

155	

173	

191	

228	

238	

443	

0.48	

0.76	

0.98	

1.19	

1.63	

1.84	

2.06	

2.50	

696	

1045	

1323	

1601	

1879	

2157	

2435	

3366



3250	

83	

132	

149	

167	

185	

220	

229	

426	

0.46	

0.73	

0.94	

1.15	

1.57	

1.78	

1.99	

2.40	

670	

1006	

1273	

1539	

1806	

2073	

2340	

3234



3375	

81	

128	

145	

162	

179	

213	

221	

411	

0.45	

0.71	

0.91	

1.11	

1.52	

1.72	

1.92	

2.32	

647	

970	

1227	

1483	

1740	

1997	

2253	

3113



3500	

78	

124	

140	

157	

173	

206	

214	

397	

0.44	

0.69	

0.88	

1.08	

1.47	

1.66	

1.86	

2.24	

625	

937	

1184	

1432	

1679	

1926	

2174	

3002



3625	

76	

120	

136	

152	

168	

200	

207	

384	

0.42	

0.67	

0.86	

1.05	

1.42	

1.61	

1.80	

2.17	

605	

907	

1146	

1384	

1623	

1862	

2100	

2900



3750	

74	

117	

133	

148	

163	

194	

201	

372	

0.41	

0.65	

0.83	

1.02	

1.38	

1.56	

1.74	

2.11	

586	

879	

1110	

1340	

1571	

1802	

2033	

2806



3875	

72	

114	

129	

144	

159	

188	

196	

361	

0.40	

0.63	

0.81	

0.99	

1.34	

1.52	

1.69	

2.05	

569	

853	

1077	

1300	

1523	

1747	

1970	

2719



4000	

71	

112	

126	

140	

155	

183	

191	

351	

0.39	

0.62	

0.79	

0.96	

1.31	

1.48	

1.65	

1.99	

553	

829	

1046	

1262	

1479	

1695	

1912	

2638



4125	

69	

109	

123	

137	

151	

179	

186	

341	

0.38	

0.60	

0.77	

0.94	

1.27	

1.44	

1.61	

1.94	

538	

807	

1017	

1227	

1437	

1647	

1857	

2562



4250	

67	

107	

120	

134	

147	

174	

181	

332	

0.37	

0.59	

0.75	

0.92	

1.24	

1.40	

1.56	

1.89	

524	

786	

990	

1194	

1398	

1602	

1806	

2490



4375	

66	

104	

118	

131	

144	

170	

177	

323	

0.36	

0.58	

0.74	

0.89	

1.21	

1.37	

1.53	

1.84	

510	

766	

964	

1162	

1360	

1559	

1757	

2423



4500	

65	

102	

115	

128	

141	

166	

172	

315	

0.36	

0.57	

0.72	

0.87	

1.18	

1.34	

1.49	

1.80	

498	

747	

939	

1132	

1325	

1518	

1711	

2359



4625	

63	

100	

113	

125	

137	

162	

169	

308	

0.35	

0.55	

0.70	

0.85	

1.15	

1.30	

1.46	

1.76	

486	

728	

916	

1104	

1291	

1479	

1666	

2297



4750	

62	

98	

110	

122	

134	

159	

165	

300	

0.34	

0.54	

0.69	

0.84	

1.13	

1.28	

1.42	

1.72	

474	

711	

893	

1076	

1259	

1441	

1624	

2238



4875	

61	

96	

108	

120	

132	

155	

161	

293	

0.34	

0.53	

0.67	

0.82	

1.10	

1.25	

1.39	

1.68	

463	

694	

872	

1049	

1227	

1405	

1583	

2180



5000	

60	

94	

106	

117	

129	

152	

157	

286	

0.33	

0.52	

0.66	

0.80	

1.08	

1.22	

1.36	

1.64	

452	

677	

850	

1023	

1196	

1369	

1542	

2125



5125	

58	

93	

104	

115	

126	

148	

154	

279	

0.32	

0.51	

0.65	

0.78	

1.05	

1.19	

1.33	

1.60	

441	

661	

830	

998	

1167	

1335	

1503	

2070



5250	

57	

91	

102	

112	

123	

145	

150	

272	

0.32	

0.50	

0.63	

0.77	

1.03	

1.16	

1.30	

1.56	

431	

646	

810	

974	

1138	

1301	

1465	

2017



5375	

56	

89	

100	

110	

121	

142	

147	

266	

0.31	

0.49	

0.62	

0.75	

1.01	

1.14	

1.27	

1.53	

420	

631	

790	

950	

1109	

1269	

1428	

1966



5500	

55	

87	

98	

108	

118	

139	

144	

259	

0.30	

0.48	

0.61	

0.73	

0.99	

1.11	

1.24	

1.49	

410	

616	

771	

926	

1082	

1237	

1392	

1916



5625	

54	

86	

96	

106	

116	

136	

141	

253	

0.30	

0.47	

0.59	

0.72	

0.97	

1.09	

1.21	

1.46	

401	

601	

752	

904	

1055	

1206	

1357	

1867



5750	

53	

84	

94	

104	

113	

133	

138	

247	

0.29	

0.46	

0.58	

0.70	

0.94	

1.07	

1.19	

1.43	

391	

587	

734	

882	

1029	

1176	

1323	

1820



5875	

52	

83	

92	

102	

111	

130	

135	

241	

0.29	

0.45	

0.57	

0.69	

0.92	

1.04	

1.16	

1.40	

383	

574	

717	

860	

1004	

1147	

1290	

1774



6000	

51	

81	

90	

100	

109	

127	

132	

236	

0.28	

0.44	

0.56	

0.67	

0.91	

1.02	

1.14	

1.37	

374	

561	

701	

840	

980	

1120	

1259	

1731



6125	

50	

80	

89	

98	

107	

125	

129	

231	

0.28	

0.44	

0.55	

0.66	

0.89	

1.00	

1.11	

1.34	

366	

549	

685	

822	

958	

1094	

1230	

1690



6250	

50	

79	

87	

96	

105	

123	

127	

226	

0.27	

0.43	

0.54	

0.65	

0.87	

0.98	

1.09	

1.31	

359	

538	

671	

804	

937	

1070	

1203	

1653



6375	

49	

77	

86	

95	

103	

120	

125	

222	

0.27	

0.42	

0.53	

0.64	

0.86	

0.96	

1.07	

1.29	

352	

528	

658	

788	

919	

1049	

1179	

1619



6500	

48	

76	

85	

93	

102	

119	

123	

218	

0.26	

0.42	

0.52	

0.63	

0.84	

0.95	

1.06	

1.27	

346	

519	

647	

775	

902	

1030	

1158	

1590



6625	

48	

76	

84	

92	

101	

117	

121	

215	

0.26	

0.41	

0.52	

0.62	

0.83	

0.94	

1.04	

1.25	

341	

512	

638	

763	

889	

1014	

1140	

1565



6750	

47	

75	

83	

91	

100	

116	

120	

213	

0.26	

0.41	

0.51	

0.61	

0.82	

0.93	

1.03	

1.24	

338	

507	

631	

755	

879	

1003	

1127	

1546



6875	

47	

75	

83	

91	

99	

115	

119	

211	

0.26	

0.40	

0.51	

0.61	

0.82	

0.92	

1.02	

1.23	

335	

503	

626	

749	

872	

995	

1118	

1534



7000	

47	

74	

83	

91	

99	

115	

119	

211	

0.25	

0.40	

0.51	

0.61	

0.82	

0.92	

1.02	

1.23	

335	

502	

625	

747	

870	

992	

1115	

1531



7125	

47	

74	

82	

90	

98	

115	

119	

211	

0.25	

0.40	

0.51	

0.61	

0.81	

0.92	

1.02	

1.22	

335	

502	

624	

747	

870	

992	

1115	

1530



7250	

47	

74	

82	

90	

98	

115	

119	

211	

0.25	

0.40	

0.50	

0.61	

0.81	

0.92	

1.02	

1.22	

335	

502	

624	

747	

870	

992	

1115	

1530



7375	

47	

74	

82	

90	

98	

115	

119	

211	

0.25	

0.40	

0.50	

0.61	

0.81	

0.92	

1.02	

1.22	

335	

502	

624	

747	

870	

992	

1115	

1530



7500	

47	

74	

82	

90	

98	

115	

119	

211	

0.25	

0.40	

0.50	

0.61	

0.81	

0.92	

1.02	

1.22	

335	

502	

624	

747	

870	

992	

1115	

1530



* For the purpose of applying these standards, the vehicle's LVW shall
be rounded to the nearest 125 pound increment listed in this table.



Note:	The emission standards decrease with increasing vehicle weight in
order to maintain a constant concentration-based standard for all
vehicle weights.   This effect is a result of conversion of the
standards from a mass measurement to a concentration measurement and
accounts for increased displacement from larger engines or a higher RPM
from the increased load on smaller engines in heavier vehicles.

]

[4.]3.	If, pursuant to the provisions of N.J.A.C. 7:27-15.5(g), a motor
vehicle is tested using an OBD inspection conducted in  accordance with
the inspection test procedure at N.J.A.C. [7:27B-5.7] 7:27B-5.6, it
shall be considered to have passed said inspection unless:

i.-iii.  (No change.)

iv.	The number of systems which have non-continuous readiness monitors
which are not ready for inspections equals or exceeds the following
criteria: three “not ready” codes for motor vehicles model year 1996
through 2000 and two “not ready” codes for motor vehicles model year
2001 and newer, as established at 40 C.F.R.  §51.357, incorporated
herein by reference;

v.	Any continuous readiness monitor is not supported or not ready;

vi.	The MIL is illuminated while the vehicle’s engine is running;

[v.]vii.	DTCs have been detected by the OBD system to cause the MIL to
be commanded on; or

[vi.]viii.A motor vehicle fails an initial OBD inspection as indicated
by one or more catalyst DTCs, and [fails a tailpipe test conducted on
reinspection to confirm catalyst repairs in the case where] the catalyst
readiness monitor indicates the monitor is not ready during the OBD
reinspection.

(c)	A gasoline-fueled motor vehicle which is subject to inspection
pursuant to N.J.A.C. 7:27-15.5(a) shall, as a condition of compliance
with said inspection, have a properly functioning and properly
maintained emission control apparatus as determined according to the
inspection test procedures established at N.J.A.C. [7:27B- 5.6]
7:27B-5.5.

(d)	Except as provided in (e) and (f) below, the applicability of the
standards set forth in this subchapter and of the test procedure set
forth at N.J.A.C. 7:27B-5.3 through [5.8] 5.7, inclusive, to a motor
vehicle with an engine other than the engine originally installed by the
manufacturer shall be based on the chassis type and model year of the
motor vehicle, not on the engine model year.

(e)	A motor vehicle that is modified to operate solely on a fuel other
than that for which the motor vehicle was originally equipped shall be
subject to the test procedures and standards applicable to a motor
vehicle of the current fuel type.  If the motor vehicle's fuel type
after modification is one to which this subchapter does not apply (for
example, a gasoline engine replaced with a diesel engine), the motor
vehicle shall be exempt from this subchapter.   [If the motor vehicle's
fuel type after modification is a fuel type to which this subchapter
applies, but is other than gasoline (for example, a gasoline engine
modified to operate solely on natural gas), the standards applicable to
that motor vehicle shall be those prescribed in the Tables 1, 2 and 3
above for motor vehicles powered by a fuel other than gasoline.   Until
such time that applicable exhaust emission standards are promulgated for
motor vehicles powered by fuels other than gasoline, such vehicles shall
be exempt from exhaust emission testing when operating on a fuel other
than gasoline.]

(f)	A motor vehicle that is modified or manufactured to operate on more
than one fuel type shall be subject to exhaust emission standards that
apply to the motor vehicle for each fuel type for which the motor
vehicle is equipped.   Such motor vehicle shall be subject to an exhaust
emission test for each fuel type on which it operates and shall comply
with all applicable standards for each fuel type.  Such motor vehicle
shall also be subject to a fuel cap leak test when operating on
gasoline.   If the motor vehicle is capable of simultaneous operation on
more than one fuel type (for example, flexible fuel, gasoline-methanol
vehicle), the motor vehicle shall be subject to an exhaust emission test
using the fuel mixture in the vehicle at the time of inspection and
subject to the exhaust emission standards applicable to vehicles powered
by gasoline.  [When operating on a fuel other than gasoline, the exhaust
emission standards applied to a motor vehicle shall be those prescribed
in the Tables 1, 2 and 3 above for motor vehicles powered by a fuel
other than gasoline.  Until such time that applicable exhaust emission
standards are promulgated for motor vehicles powered by fuels other than
gasoline, such vehicles shall be exempt from exhaust emission testing
when operating on a fuel other than gasoline.]

(g)	(No change.)

7:27-15.7 	Prohibition of tampering with emission control apparatus

 tc \l1 "7:27-15.7 	Prohibition of tampering with emission control
apparatus (a)	No owner or operator of a gasoline-fueled motor vehicle
shall cause, suffer, allow or permit any of the following, unless it is
performed in accordance with EPA Memorandum 1A or it is exempt from
prohibition by CARB executive order (information on devices or
modifications approved by CARB executive order may be obtained from the
California Air Resources Board, [Haagen-Smit Laboratory, 9528 Telstar
Avenue, El Monte, CA, 91731-2990] 1001 “I” Street, PO BOX 2815,
Sacramento, CA 95812 or at www.arb.ca.gov):

1.  - 4.  (No change.) 

7:27-15.8 	Idle standard tc \l1 "7:27-15.8 	Idle standard 

(a)	(No change.)

(b)	The provisions of (a) above shall not apply to:

l.	Autobuses while actively discharging or picking up passengers may
idle for 15

consecutive minutes in a 60-minute period;

2.	[Motor vehicles stopped in a line of traffic] Any motor vehicle
idling in traffic, or a motor vehicle other than a school bus idling in
a queue of motor vehicles, that are intermittently motionless and moving
because the progress of the motor vehicles in the traffic or the queue
has been stopped or slowed by the congestion of traffic on the roadway
or by other conditions over which the driver of the idling motor vehicle
has no control;

3.	Motor vehicles whose primary and/or secondary power source is
utilized in whole or in part for necessary and definitively prescribed
mechanical operation other than propulsion[, passenger compartment
heating or air conditioning].  This use includes, but is not limited to,
operating lift gate pumps and controlling cargo temperature.  This
exemption does not apply to passenger compartment heating or passenger
compartment air conditioning;

4.	(No change.)

5.	[Emergency motor vehicles in an emergency situation] Vehicles that
are actively performing emergency services.  Examples include fire
vehicles, police vehicles, public utility vehicles, military tactical
vehicles and snow removal vehicles, during the time that such vehicles
are actively performing emergency services;

6.	Motor vehicles while being repaired or serviced, provided that
operation of the engine is essential to the proper repair or service; 

[7.  Motor vehicles while engaged in the process of connection,
detachment or exchange of trailers; or]

[8.]7.	Motor vehicles manufactured with a sleeper berth while being
used, in a non-residentially zoned area, by the vehicle's operator for
sleeping or resting, unless the vehicle is equipped with a functional
auxiliary power system designed in whole or in part to maintain cabin or
sleeper berth comfort or to mitigate cold weather start-up difficulties.

APPENDIX tc \l1 "APPENDIX 

The following table highlights the provisions of N.J.A.C.
7:27-15.5[(g)](f) to show generally the [exhaust] emissions tests [or
OBD inspection] to be administered to each category of vehicle inspected
or reinspected:

[Test/model year	

1980 and older	

1981 - 1995	

1996 and newer*



idle	

all	

GVWR > 8500	

GVWR > 8500



2,500 RPM	

-	

all-wheel drive, low mileage, etc.

school bus	

all-wheel drive, low mileage, etc.

school bus



ASM5015 	

-	

all others not covered above	

all others not covered above



OBD (after 6/1/2003)	

-	

-	

all OBD-equipped and eligible

*Note: On and after June 1, 2003, an OBD-equipped and eligible motor
vehicle will receive an OBD inspection.]

Test/model year	

1980 and older	

1981 - 1995	

1996 and newer



idle	

all	

GVWR > 8500	

GVWR > 8500



two speed idle 	

-	

GVWR < 8501	

all OBD-equipped but not OBD-eligible with GVWR < 8501



OBD 	

-	

-	

all OBD-equipped and eligible with GVWR < 8501



Gas Cap	all equipped with sealed systems (1971 and newer)	all	all models
through 2000



Visible smoke	

all	

all	

all



Catalytic converter check	

all originally equipped (1975 and newer)	

all	

all



CHAPTER 27A AIR ADMINISTRATION PROCEDURES AND PENALTIES

SUBCHAPTER 3.  CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR

ADJUDICATORY HEARINGS

7:27A-3.10 Civil administrative penalties for violation of rules adopted
pursuant to the Act

(a)-(m) (No change.)

CIVIL ADMINISTRATIVE PENALTY SCHEDULE

1.-14.  (No change.)

The violations of N.J.A.C. 7:27-15, Control and Prohibition of Air
Pollution from Gasoline-fueled Motor Vehicles, and the civil
administrative penalty amounts for each violation, per vehicle or, with
respect to N.J.A.C. 7:27-15.7(a)4, per device/component, are as set
forth in the following table:

Citation	

Class	

Type of Violation	

First Offense	

Second Offense	

Third Offense	

Fourth and Each Subsequent Offense



N.J.A.C. 7:27-15.3(d)	

Passenger Vehicle Registration	M	

$500 ADVANCE \r5 	

$1,000 ADVANCE \r5 	

$2,500 ADVANCE \r5 	

$7,500 ADVANCE \r5 

	

Commercial Vehicle Registration	M	

$1,000 ADVANCE \r5 	

$2,000 ADVANCE \r5 	

$5,000 ADVANCE \r5 	

$15,000 ADVANCE \r5 



N.J.A.C. 7:27-15.7(a)1	

Owner of four or fewer vehicles	NM	

$400 ADVANCE \r5 	

$800 ADVANCE \r5 	

$2,000 ADVANCE \r5 	

$6,000 ADVANCE \r5 

	

Owner of five or more vehicles	NM	

$1,000 ADVANCE \r5 	

$2,000 ADVANCE \r5 	

$5,000 ADVANCE \r5 	

$15,000 ADVANCE \r5 



N.J.A.C. 7:27-15.7(a)2	

Passenger Vehicle Registration	NM	

$500 ADVANCE \r5 	

$1,000 ADVANCE \r5 	

$2,500 ADVANCE \r5 	

$7,500 ADVANCE \r5 

	

Commercial Vehicle Registration	NM	

$1,000 ADVANCE \r5 	

$2,000 ADVANCE \r5 	

$5,000 ADVANCE \r5 	

$15,000 ADVANCE \r5 



N.J.A.C. 7:27-15.7(a)3	

Sale/Offer for Sale; Lease/Offer for Lease by owner of four or fewer
vehicles	NM	

$1,000 ADVANCE \r5 	

$2,000 ADVANCE \r5 	

$5,000 ADVANCE \r5 	

$15,000 ADVANCE \r5 

	

Sale/Offer for Sale; Lease/Offer for Lease by owner of five or more
vehicles	NM	

$2,000 ADVANCE \r5 	

$4,000 ADVANCE \r5 	

$10,000 ADVANCE \r5 	

$30,000 ADVANCE \r5 



N.J.A.C. 7:27-15.7(a)4	

Offer for Sale/Sale of Device/Component	NM	

$2,000 ADVANCE \r5 	

$4,000 ADVANCE \r5 	

$10,000 ADVANCE \r5 	

$30,000 ADVANCE \r5 



N.J.A.C. 7:27-15.8(a)	

Passenger Vehicle Registration	NM	

$100 ADVANCE \r5 	

$200 ADVANCE \r5 	

$500 ADVANCE \r5 	

$1,500 ADVANCE \r5 

	

Commercial Vehicle Registration	

NM	

[$200] $250 ADVANCE \r5 	

[$400] $500 ADVANCE \r5 	

$1,000 ADVANCE \r5 	

[$3,000] $1,000

	School Bus Owner	NM	$250	$500	$1,000	$1,000

	School District, if the School District does not own the bus1 	NM	$0
$500	$1,000	$1,000

	Property Owner	NM	$250	$500	$1,000	$1,000

1  The driver of a school bus is not subject to penalty under N.J.A.C.
7:27-15.8(a).   The bus driver, school district, and the principal or
administrator of the school serviced by the bus will be notified of
violations.   After the first violation, the school district, if it is
not also the owner of the bus, will be subject to both notice and
penalty.

16.-32.  (No change.)

(n)-(t) (No change.)

CHAPTER 27B	SAMPLING AND ANALYTICAL PROCEDURES

SUBCHAPTER 4 AIR TEST METHOD 4: TESTING PROCEDURES FOR DIESEL-POWERED
MOTOR VEHICLES

7:27B-4.1	Definitions tc \l1 "7:27B-4.1	Definitions 

The following words and terms, when used in this subchapter, have the
following meanings, unless the context clearly indicates otherwise.

...

“Data link connector” or “DLC” means a standardized 16-pin
diagnostic test receptacle used to connect an analyzer to a motor
vehicle.

...

 “Diesel emissions testing equipment” means equipment used to
conduct a test of a diesel-powered motor vehicle in accordance with this
subchapter, and which satisfies all applicable specifications set forth
at N.J.A.C. 7:27B-4.2(d) and 4.6.  For motor vehicle inspections
conducted pursuant to N.J.A.C. 7:27-14 and this subchapter, this term
shall include all devices used for performing a motor vehicle inspection
including, but not limited to, smoke opacity meters, exhaust gas
analyzers, on board diagnostic scanners and analyzers, and computers and
related software.

...

“Emission control apparatus” means any device utilized by the
vehicle manufacturer and/or the engine manufacturer to control the
emission of any regulated emission, including any associated component
which monitors the function and maintenance of such a device, regardless
of the location of the location of the device on the vehicle.  This term
shall also include any retrofit device added to the vehicle or engine as
part of a mandatory or voluntary retrofit program for emission control.

...

“Key on engine off” or “KOEO” means the motor vehicle ignition
position of key-on, engine-off.  This may be denoted on some ignitions
by a “run” position and is the key position just prior to holding
the key in the “start” position to start the engine.   Although this
is the same key position as KOER, the KOEO position implies that the
motor vehicle engine is not running.

“Key on engine running” or “KOER” means the motor vehicle
ignition position of key-on, engine-running.   This may be denoted on
some ignitions by a “run” position and is the key position just
prior to holding the key in the “start” position to start the
engine.   Although this is the same key position as KOEO, the KOER
position implies that the motor vehicle engine is running.

...

“Malfunction indicator light” or “MIL” means the light located
on the dashboard instrument panel of an OBD-equipped motor vehicle that
indicates a malfunction detected by the OBD system by illuminating the
words “check engine,” “service engine,” or an engine pictograph
with the word “check” or “service.”

...

“On board diagnostics” or “OBD” means an automotive diagnostic
system complying with California OBD regulations at Title 13 California
Code section 1968.1 or EPA OBD regulations at 40 CFR Part 86.  

...

“Readiness” means the state of a motor vehicle’s OBD system that
has successfully completed self-diagnostic routines on all supported
subsystems as indicated by a showing of “ready” on all supported
readiness monitors.   Readiness does not indicate that the motor vehicle
has passed the OBD inspection but only that the motor vehicle’s OBD
system is ready for inspection.

“Readiness monitors” means the various indicators used by a motor
vehicle's on board computer to record the status of subsystem diagnostic
routines.   A readiness monitor may record a subsystem as “ready,”
“not ready” or “not supported.”

...

“Retrofit device” means [a best available retrofit technology that
is installed on an on-road diesel vehicle or on a piece of off-road
diesel equipment pursuant to N.J.A.C. 7:27-32] any emissions control
apparatus, including exhaust aftertreatment device, that has been
installed on the vehicle or engine after the original manufacturing date
of the complete vehicle.

.  

...

“Smokemeter” means [smoke measurement equipment designed and
manufactured in accordance with specifications set forth at N.J.A.C.
7:27B-4.6], in the context of this subchapter, a component of diesel
emissions testing equipment.  The smokemeter is not separable from the
diesel emissions testing equipment.  Inspections performed using a
smokemeter must employ diesel emissions testing equipment.   

...

7:27B-4.2	General instructions for all tests tc \l1 "7:27B-4.2	General
instructions for all tests 

(a)	An inspector conducting an emissions test on a heavy-duty
diesel[-powered motor] vehicle or diesel bus pursuant to any provision
of this subchapter including, but not limited to, N.J.A.C. 7:27B-4.3,
4.4(a) and 4.4(b), shall perform the test in accordance with the
following general procedures: 

1.- 2.  (No change.)

3.	Prior to testing, ensure that the engine is at normal operating
temperature by operating the vehicle on a highway or a chassis
dynamometer with a road load for a minimum of 15 minutes.   For testing
at a DEIC, only, confirm proper engine operating temperature by
inserting an oil temperature probe through the oil dipstick tube into
the crankcase oil, so that the oil temperature as measured during the
test will be recorded as part of the analyzer printout at the conclusion
of the test.   Oil temperature shall be at least [70]60 degrees Celsius
([160] 140 degrees Fahrenheit), [and] or water temperature shall be at
least 82 degrees Celsius (180 degrees Fahrenheit) but not overheating;

4.- 5.  (No change.)

6.	[Ensure that the ambient temperature at the test location is between
35 degrees and 95 degrees Fahrenheit and that the temperature is above
the dew point by using a thermometer and hygrometer.]  Do not conduct
the test if the ambient temperature is below 35 degrees Fahrenheit or
above 95 degrees Fahrenheit, or if the temperature is at the dew point
as determined by using a thermometer and hygrometer.  If the testing is
conducted outdoors, do not conduct the test if there is any visible
precipitation, such as rain or fog, at the test site during the time of
testing.   [Do not conduct the test if the temperature at the test
location is below 35 degrees or above 95 degrees Fahrenheit, or if the
temperature is at or below the dew point];

7.- 8.  (No change.)

9.	If inspecting a vehicle which was either equipped by the
manufacturer  or was retrofitted in accordance with state or federal law
or regulation  with a catalytic converter, particulate trap or trap
oxidizer, or any other exhaust aftertreatment device, inspect the
exhaust system for the presence of the device and for its physical
integrity.   Discontinue testing of any motor vehicle which exhibits any
missing exhaust aftertreatment device or perforating rust, crack, hole,
tear, or other such physical defect in the device.  Discontinue testing
if the vehicle's exhaust aftertreatment system is in regeneration mode
or is producing high exhaust temperatures, as indicated by the
instrument panel controls.   If the vehicle being tested is a heavy-duty
diesel vehicle or diesel bus with an exhaust aftertreatment device,
discontinue testing and fail the vehicle if the device is found not to
be in proper functioning condition.   Do not resume testing unless and
until the defect(s) are repaired;	

10.	If, at any time before or during the inspection of a diesel-powered
motor vehicle, continuous [blue] smoke of any color is observed in the
exhaust emissions for more than three seconds, discontinue the testing
and determine that the vehicle has failed to pass the smoke opacity test
conducted pursuant to N.J.A.C. 7:27-14.6;

[11.	At the conclusion of the inspection of a diesel-powered motor
vehicle at a DEIC, ensure that a printed test report has been produced
by the smokemeter which, at a minimum, includes (a)11i through xvii
below.   If the smokemeter is not capable of printing out (a)11xiv
through xvii below, this information shall be manually entered in the
print test report by the inspector.

i.   The smoke opacity value for each snap in sequence, including
preliminary cleanouts;

ii.   The final test result, in percent opacity;

iii.   The engine oil temperature;

iv.   The engine RPM and smoke opacity strip chart; or the engine curb
idle speed and high idle speeds during the test, and the engine RPM rise
times;

v.   The date;

vi.   The time;

vii.   The location;

viii.   The name of the diesel emission inspection center;

ix.   The diesel emission inspection center license number;

x.    The stack size;

xi.   The smoke opacity standard;

xii.   “Pass” or “Fail” of test results compared to the
appropriate smoke opacity standard;

xiii.   The license number of the diesel emission inspection center
employee conducting the smoke opacity test;

xiv.   The customer name;

xv.   The tractor VIN;

xvi.   The engine model year; and

xvii.   The customer driver’s license number; and

12.   	At the conclusion of the smoke opacity test, confirm that the
smokemeter reads a value of less than ±2.0 percent opacity when the
smokemeter is disengaged from the vehicle exhaust stream.]

(b)  An inspector conducting an emissions test on a light-duty diesel
vehicle pursuant to any provision of this subchapter, including, but not
limited to, N.J.A.C. 7:27B-4.7 and 4.8, shall perform the test in
accordance with the following general procedures:

1.  Test the vehicle in as-received condition without making any repairs
immediately prior to testing;

2.  Prior to testing, turn off all vehicle accessories, including, but
not limited to, air conditioning, heating, defroster, radio and lights;

3.  Prior to testing, ensure that the diesel emissions testing equipment
is calibrated and warmed-up in accordance with the manufacturer's
requirements;

4.  Prior to testing, ensure that the vehicle is at normal operating
temperature by doing one of the following:

i.  Check the vehicle's engine coolant temperature gauge and the
vehicle's engine oil temperature gauge to confirm that the vehicle is at
a normal operating temperature, as indicated by the gauges; that is,
that engine coolant temperature is in the “normal” range as
specified by the vehicle manufacturer, or, if the “normal” range is
not specified by the vehicle manufacturer, is at least 70 degrees
Celsius (160 degrees Fahrenheit) and that engine oil temperature is at
least 80 degrees Celsius (175 degrees Fahrenheit).  If there is no oil
temperature gauge, insert a temperature probe through the oil dip stick
tube and into the engine oil to confirm normal operating temperature;

ii.  Operate the vehicle on the road, or on a chassis dynamometer under
road load, at speeds above 35 MPH for at least 20 minutes.

5.  Discontinue testing any vehicle in an overheated condition, as
indicated by a temperature gauge or warning light, or boiling of engine
coolant;

[(b)](c) Equipment to be used in conducting [a smoke opacity] an
emissions test on a diesel-powered motor vehicle in accordance with
N.J.A.C. 7:27-14.5 shall satisfy all specifications and standards for [a
smokemeter] diesel emissions testing equipment as set forth in N.J.A.C.
7:27B-4.6.

[(c)](d) An inspector conducting a motor vehicle emissions test on a
diesel-powered motor vehicle as set forth in this subchapter shall use
only [motor] diesel [vehicle] emissions testing equipment that has been
approved by the Department prior to its use in the test.   Approval by
the Department is based on the following criteria:

1.  – 4.  (No change.)

[(d)](e) The Department maintains a list of approved equipment for
specific test procedures.   The Department shall periodically review and
evaluate equipment offered by manufacturers of motor vehicle testing
equipment of which it is aware or has been made aware and update this
list.   A copy of this list can be obtained from:

New Jersey Department of Environmental Protection

[Bureau of Transportation Control]Diesel Risk Reduction/HDDVIP

P.O.  Box [437]418

Trenton, N.J.  08625-0[437]418

7:27B-4.3 Procedures for using a smokemeter to measure the smoke opacity
of heavy-duty diesel vehicles and diesel buses tc \l1 "7:27B-4.3
Procedures for using a smokemeter to measure the smoke opacity of
heavy-duty diesel vehicles and diesel buses 

(a)-(c) (No change.)

[(d)	The testing procedures for the visible black smoke screening test,
required pursuant to N.J.A.C. 7:27-14.5, shall be performed as follows:

1.	Determine whether the vehicle’s governor and automatic
transmission, as applicable, are functioning properly.   Do not proceed
with the testing of a vehicle which is determined to have a disabled or
an improperly functioning governor or automatic transmission until the
governor or automatic transmission is repaired or a properly functioning
governor or automatic transmission is installed;

2.	If the vehicle is equipped with a manual transmission, place the
transmission in neutral and release the clutch.   If the vehicle is
equipped with an automatic transmission and a low speed engine, place
the gear selector in the park or neutral position.   If the vehicle is
equipped with an automatic transmission, but is not equipped with a low
speed engine, place the gear selector in drive or low gear.   For both
manual and automatic transmission vehicles, depress the brakes firmly
throughout the remainder of the test;

3.	Observe all exhaust ports of the vehicle for the presence of visible 
black smoke in the exhaust emissions throughout the duration of the
test;

4.	Beginning with the accelerator pedal in the low idle position,
rapidly accelerate the engine at wide open throttle and hold the
accelerator pedal at wide open throttle for one to three seconds after
the engine has achieved maximum governed RPM or, for vehicles with an
automatic transmission, only, until the engine speed stabilizes while
operating in a forward gear.   Release the accelerator pedal and allow
the engine to idle for 15 seconds while continuing to observe the
exhaust emissions for visible black smoke.   If black smoke is observed,
the vehicle shall be deemed to have failed to pass the visible black
smoke screening test.

 (e)	(Reserved)]

7:27B-4.4	Emission control apparatus, retrofit device and closed
crankcase ventilation system examination procedure  tc \l1 "7:27B-4.4
Emission control apparatus examination procedure 

(a)	The procedure for examination of the emission control apparatus of a
diesel-powered motor vehicle, required at N.J.A.C.
[7:27-14.5(e)]7:27-14.5(d), shall[, if the motor vehicle had any exhaust
aftertreatment incorporated within the vehicle’s or engine’s
certified configuration by the vehicle or engine original equipment
manufacturer,] consist of a visual check to determine whether [such
exhaust aftertreatment is]all emission control apparatus and exhaust
system components are  present on the motor vehicle.

(b)	[The absence of any exhaust aftertreatment determined pursuant to
(a) above to be included in a motor vehicle or diesel engine’s
certified configuration]If any emission control apparatus or exhaust
system component has been disconnected, detached, deactivated, or in any
other way rendered inoperable or less effective than designed by the
original equipment or vehicle or engine manufacturer, the vehicle shall
fail [shall result in a determination of failure to pass] the emission
control apparatus compliance examination.

7:27B-4.6	Specifications for [a smokemeter] diesel emissions testing
equipment for determining compliance with N.J.A.C. 7:27-14 tc \l1
"7:27B-4.6	Specifications for a smokemeter for determining compliance
with N.J.A.C. 7:27-14 

(a)	A smokemeter used to measure smoke opacity in the exhaust emissions
of a diesel-powered motor vehicle in order to determine the vehicle’s
compliance with N.J.A.C. 7:27-14 shall conform to [the following:

1.	The smokemeter shall, at minimum, conform to] all specifications and
standards set forth in SAE J1667 and incorporated herein by reference.[;
and

2.	The smokemeter shall be capable of accepting as input the vehicle
exhaust stack diameter and the engine horsepower;

(b)	In addition to the requirements set forth at (a)1 and 2 above, a
smokemeter, when used by a diesel emissions inspection center to measure
smoke opacity in the exhaust emissions of a diesel-powered motor vehicle
for determining compliance with N.J.A.C. 7:27-14, shall conform to the
following:

1.	The smokemeter shall have an integrated engine RPM hookup with an
accuracy of  ±20 RPM, which shall actively measure engine RPM during
testing;

2.	The smokemeter shall have an oil temperature probe which shall
measure engine oil temperature in degrees Fahrenheit during testing;

3.	The smokemeter shall have the capability to produce a printed test
report, in a format approved by the Department.   The report shall
include:

i.   The date and time of testing;

ii.   The final test score and, if test score averaging is required
pursuant to N.J.A.C. 7:27B-4.3(a) and (c), individual test run raw
scores;

iii.   The identification number of the inspector performing the test
and the license number of the DEIC at which the test was performed;

iv.   The vehicle identification number and the model year of the
vehicle tested;

v.   A graphical representation, with a resolution of ±20 RPM, of the
pattern measured by the engine RPM hookup during testing; and

vi.   The oil temperature when measured during testing conducted
pursuant to N.J.A.C. 7:27B-4.3(a)5, (b)4 or (c)6.]

(b) 	Equipment used for performing the OBD inspection, as set forth at
N.J.A.C. 7:27B- 4.8, shall be approved by the Department as provided at
N.J.A.C. 7:27B-4.2(d) and shall meet the requirements of 40 C.F.R. 
85.2231, incorporated herein by reference.

7:27B-4.7 [(Reserved)]Procedures for the visible smoke test

(a) An inspector conducting a visible smoke test to determine a diesel
vehicle's compliance with the inspection requirements set forth at
N.J.A.C. 7:27-14.5(c)1 shall perform the test as follows:

1.  Place the vehicle in neutral gear with all accessories off and the
emergency or parking brake secured;

2.  Increase the engine speed to an engine speed greater than the idle
mode, and observe the exhaust emissions and crankcase emissions for
visible continuous smoke;

3.  If there is visible smoke in the exhaust emissions or crankcase
emissions for a period in excess of three consecutive seconds, the motor
vehicle has failed the smoke test; and

4.  If there is no visible smoke in the exhaust emissions or crankcase
emissions for a period in excess of three consecutive seconds, the motor
vehicle has passed the smoke test.

7:27B-4.8 [(Reserved)]Procedures for the on board diagnostics inspection
tc \l1 "7:27B-5.7 Procedures for the on-board diagnostics inspection 

(a) The procedure for the OBD inspection, to be used to determine a
light-duty diesel vehicle's compliance with the OBD inspection
requirements at N.J.A.C. 7:27-14.5(c)2, is as follows:

1.  Turn off the motor vehicle’s engine and connect the analyzer to
the motor vehicle computer via the DLC located on the motor vehicle;

2.  If the DLC is damaged, missing or obstructed, the motor vehicle has
failed the OBD inspection;

3.  Determine if the MIL is functional by briefly turning the motor
vehicle ignition system to the KOEO position;

4.  If the MIL is not functional, the motor vehicle has failed the OBD
inspection;

5.  Start the motor vehicle and leave the engine running.   Determine if
the MIL remains illuminated while the engine is running;  

6.  If the MIL is illuminated with the engine running, the motor vehicle
has failed the OBD inspection;

7.  The analyzer will attempt to communicate with the motor vehicle’s
OBD system;

8.  If the analyzer cannot successfully communicate with the motor
vehicle’s OBD system, the motor vehicle has failed the OBD inspection;

9.  If  the analyzer successfully communicates with the motor vehicle
OBD system, it will then retrieve stored information relating to the
identification of the motor vehicle and any malfunctions recorded by the
OBD system;

10.  If the analyzer determines that the OBD system or the motor vehicle
is malfunctioning, the motor vehicle has failed the OBD inspection; and

11.  If the analyzer indicates that the motor vehicle does not meet the
EPA's criteria for “readiness,”  that is, if the vehicle's OBD
system does not indicate that the critical number of supported readiness
monitors have been set, the motor vehicle is deemed “not ready” for
an OBD inspection and has failed the OBD inspection.

12.  If the analyzer indicates that the motor vehicle is deemed
“ready” and determines that all components of the OBD system are
functioning properly, and the OBD system is not indicating any
malfunctions of the motor vehicle, then the motor vehicle has passed the
OBD inspection;

(b) The OBD inspection procedure is largely a process whereby the diesel
emissions testing equipment and the motor vehicle’s OBD system
interface and exchange information.   As such, the description of the on
board diagnostics inspection procedure set forth at (a) above is a
brief, simplified description that does not contain explicit technical
details.   A more detailed flow chart version, reflecting the logic flow
of pass and fail determinations within the procedure, as well as the
Department’s OBD equipment specifications, which contain additional
technical details, are available electronically by contacting the
Department’s Bureau of Motor Vehicle Inspection and Maintenance at
(609) 530-4035.

SUBCHAPTER 5	AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED
MOTOR VEHICLES

7:27B-5.1 Definitions tc \l1 "7:27B-5.1 Definitions 

The following words and terms, when used in this subchapter, have the
following meanings, unless the context clearly indicates otherwise.

…

“Gasoline-fueled” means powered in whole or in part by a hydrocarbon
fuel other than diesel fuel, including, but not limited to, gasoline,
natural gas, liquefied petroleum gas, or propane or powered by alcohol
fuels, hydrocarbon-alcohol fuel blends or hydrogen.

...

“Motor vehicle testing equipment” means equipment used to conduct a
test of a gasoline-fueled motor vehicle set forth at N.J.A.C. 7:27B-5,
and which satisfies all applicable specifications set forth at  N.J.A.C.
[7:27B-5.9] 7:27B-5.8, Specifications for motor vehicle testing
equipment for use in the New Jersey Enhanced Inspection and Maintenance
Program.  For motor vehicle inspections conducted pursuant to N.J.A.C.
7:27-15 and this subchapter, this term shall include all devices used
for performing a motor vehicle inspection, including, but not limited
to, exhaust gas analyzers, dynamometers, on-board diagnostic scanners
and analyzers, fuel cap leak testers, and computers and related
software.

...

“On board diagnostics” or “OBD” means an automotive diagnostic
system complying with California OBD regulations at Title 13 California
Code section 1968.1 or EPA OBD [II] regulations at 40 CFR Part 86
[effective for model year 1996 and newer motor vehicles].

7:27B-5.2 General instructions for all tests tc \l1 "7:27B-5.2 General
instructions for all tests 

(a)	An inspector, conducting an emissions test on a gasoline-fueled
motor vehicle pursuant to any provision of this subchapter, including,
but not limited to, N.J.A.C. 7:27B-5.3 through 5.8, inclusive, shall
perform the test in accordance with the following general procedures:

1.  - 3.	(No change.)

4.	Prior to testing, ensure that the vehicle is at normal operating
temperature by doing one of the following:

i.	(No change.)

ii.	Operate the vehicle on the road, or on a chassis dynamometer under
road load, at speeds above 35 MPH for at least 20 minutes; [or

iii.	Operate the vehicle on a chassis dynamometer under the ASM5015 load
appropriate for the vehicle, for at least 10 minutes;]

5.  - 8.	(No change.)

(b)	Equipment to be used in conducting an emissions test on a
gasoline-fueled motor vehicle in accordance with N.J.A.C. 7:27-15.5
shall satisfy all specifications and standards for motor vehicle testing
equipment as set forth at N.J.A.C. [7:27B-5.9]7:27B-5.8.

(c)	An inspector conducting a motor vehicle emissions test on a
gasoline-fueled motor vehicle as set forth in this subchapter shall use
only motor vehicle testing equipment that has been approved by the
Department prior to its use in the test.   Approval by the Department is
based on the following criteria:

1.	The equipment conforms to the requirements set forth at N.J.A.C.
[7:27B-5.9]7:27B-5.8;



2.-4.  	(No change.)

(d)	The Department maintains a list of approved equipment for specific
test procedures.  The Department shall periodically review and evaluate
equipment offered by manufacturers of motor vehicle testing equipment of
which it is aware or has been made aware and update this list.  A copy
of this list can be obtained from:

New Jersey Department of Environmental Protection

Bureau of [Transportation Control] Motor Vehicle Inspection and
Maintenance

PO Box 437

Trenton, N.J.  08625-0437

7:27B-5.4 Procedures for the [2,500 RPM] two speed idle test tc \l1
"7:27B-5.4 Procedures for the 2,500 RPM test 

(a)	An inspector conducting a [2,500 RPM] two speed idle test to
determine a gasoline-fueled motor vehicle's compliance with the exhaust
emission standards set forth in N.J.A.C. 7:27-15.6(b)2 shall perform the
test [as follows:] in accordance with 40 CFR 85.2215, Two speed idle
test -- EPA 91, incorporated herein by reference.

[1.	Insert the sample probe into the motor vehicle's tailpipe to a
minimum depth of 10 inches.  If the motor vehicle's exhaust system
prevents insertion to this depth, use a tailpipe extension.  For motor
vehicles equipped with multiple tailpipes, take exhaust gas measurements
from all tailpipes simultaneously;

2.	For a motor vehicle of model year 1995 or earlier, use a tachometer
or other device approved by the Department to measure engine speed. 
Attach the tachometer or other device to the motor vehicle in accordance
with the tachometer or device manufacturer's instructions.  For 1996 and
newer model year vehicles, use the OBD data link connector to monitor
RPM.  In the event that an OBD data link connector is not available or
that an RPM signal is not available over the data link, use instead a
tachometer;

3.	Ensure that the vehicle's transmission is in park or neutral;

4.	Increase the vehicle engine speed from idle to between 2,200 and
2,800 RPM and maintain it at that level for the duration of the test,
not to exceed 30 seconds.  If the engine speed falls and remains below
2,200 RPM or exceeds and remains above 2,800 RPM for more than two
consecutive seconds during the test period, invalidate the measured
value for that sampling period and extend the test duration accordingly.
 If any excursion outside of the allowable RPM range lasts for more than
ten seconds, invalidate the test, and initiate another 2,500 RPM test;

5.	Measure exhaust concentrations as percent carbon monoxide and parts
per million hydrocarbons after obtaining stabilized readings or at the
end of 30 seconds, whichever occurs first;

6.	If the percent carbon monoxide or parts per million hydrocarbons
recorded in (a)5 above exceeds the applicable standards specified in
Table 2 at N.J.A.C. 7:27-15.6, repeat the 2,500 RPM test procedure in
accordance with (a)4 and 5 above after the vehicle engine has been
operated at idle mode for at least 30 seconds and demonstrates no signs
of overheating as determined at N.J.A.C. 7:27B-5.2(a)4;

7.	If the percent carbon monoxide or parts per million hydrocarbons
recorded in (a)6 above exceeds the applicable standards specified in
Table 2 at N.J.A.C. 7:27-15.6, the motor vehicle has failed the 2,500
RPM test; and

8.	If the percent carbon monoxide or parts per million hydrocarbons
recorded in (a)6 or 7 above does not exceed the applicable standards
specified in Table 2 at N.J.A.C. 7:27-15.6, the motor vehicle has passed
the 2,500 RPM test.]

[7:27B-5.5 Procedures for the ASM5015 test

 (a)	An inspector conducting an ASM5015 test to determine a
gasoline-fueled motor vehicle's compliance with the exhaust emission
standards set forth at N.J.A.C. 7:27-15.6(b)3 shall perform the test as
follows:

1.	Ensure that the dynamometer is warmed up, in stabilized operating
condition, and is adjusted and calibrated in accordance with the
procedures recommended by the dynamometer manufacturer;

2.	Position the motor vehicle on the dynamometer and, if necessary,
secure it according to protocol recommended by the dynamometer
manufacturer;

3.	Set the dynamometer at a load setting determined by the approved
motor vehicle emission testing equipment after entry of appropriate
motor vehicle parameters, such as body style and number of engine
cylinders, in response to the equipment-generated prompts;

4.	Insert the sample probe into the motor vehicle's tailpipe to a
minimum depth of 10 inches.  If the motor vehicle's exhaust system
prevents insertion to this depth, use a tailpipe extension.  For motor
vehicles equipped with multiple tailpipes, take exhaust gas measurements
from all tailpipes simultaneously;

5.	When conducting the ASM5015 test, operate a motor vehicle with an
automatic transmission with the gear selector in drive, and operate a
motor vehicle with a manual transmission in first, or, if more
appropriate, second gear.

6.	Accelerate the motor vehicle to a speed of 15 MPH as indicated on the
dynamometer speed indicator.  Maintain this speed, ±1.0 MPH, for the
duration of the test sequence.  The test sequence shall begin when the
dynamometer speed reaches 15 MPH and shall consist of a stabilization
period and a pass/fail decision period as follows:

i.	The stabilization period shall begin at a test time of zero seconds
(T = 0) and shall proceed until an elapsed time of T = 25 seconds;

ii.	The pass/fail decision period shall immediately follow the
stabilization period, beginning at T = 26 seconds.  The vehicle shall
pass the ASM5015 test if, at any point between T = 26 seconds and T = 90
seconds, measurements made of the hydrocarbons, carbon monoxide and
oxides of nitrogen in the exhaust emissions indicates that the
concentration of each is less than or equal to the applicable standards
established in Table 3 at N.J.A.C. 7:27-15.6;

iii.	If, prior to T = 90 seconds, the vehicle has passed the ASM5015
test, immediately terminate the test in accordance with (a)7 below; and

iv.	If, at T = 90 seconds, the vehicle has not passed the ASM5015 test,
the vehicle shall be determined to have failed the ASM5015 test and the
test shall be immediately terminated in accordance with (a)7 below; and

7.	Conclude the ASM5015 test by placing the vehicle's transmission in
park or neutral after safely bringing the vehicle's drive wheels to a
complete stop using the vehicle's brakes.]

[7:27B-5.6] 7:27B-5.5 Emission control apparatus examination procedure
tc \l1 "7:27B-5.6 Emission control apparatus examination procedure 

(a)-(c)	(No change.)

[7:27B-5.7] 7:27B-5.6 Procedures for the on-board diagnostics inspection
tc \l1 "7:27B-5.7 Procedures for the on-board diagnostics inspection 

(a)	The procedure for the OBD inspection, to be used to determine a
motor vehicle's compliance with the OBD inspection requirements at
N.J.A.C. 7:27-15.5(f)2, is specified as follows:

1.  - 4.	(No change.)

5.  	Start the motor vehicle and leave the engine running.   Determine
if the MIL remains illuminated while the engine is running;  

6.	If the MIL is illuminated with the engine running, the motor vehicle
has failed the OBD inspection;

7.	The analyzer will attempt to communicate with the motor vehicle’s
OBD system;

[6.]8.	(No change in text.)

[7.]9.	(No change in text.)

[8.]10.	(No change in text.)

[9.]11.	(No change in text.)

[10.]12.   (No change in text.) 

[11.]13.A motor vehicle that failed an initial OBD inspection for not
having a properly functioning catalyst must, on reinspection, [pass both
the OBD inspection and the appropriate tailpipe exhaust test, as
determined at N.J.A.C. 7:27-15.5(g), if, on reinspection, the readiness
monitor is not set (that is, is “not ready”) for the motor
vehicle’s catalyst.] have its catalyst monitor set to ready and must
meet all other criteria required to pass the OBD inspection.

(b)	The OBD inspection procedure is largely a process whereby the motor
vehicle testing equipment and the motor vehicle’s OBD system interface
and exchange information.   As such, the description of the on-board
diagnostics inspection procedure set forth at (a) above is a brief,
simplified description that does not contain explicit technical details.
  A more detailed flow chart version, reflecting the logic flow of pass
and fail determinations within the procedure, as well as the
Department’s OBD equipment specifications, which contain additional
technical details, are  available electronically by contacting the
Department’s Bureau of [Transportation Control]Motor Vehicle
Inspection and Maintenance at (609) 530-4035.

(c)	(No change.)

[7:27B-5.8] 7:27B-5.7 Procedures for the fuel cap leak test tc \l1
"7:27B-5.8 Procedures for the fuel cap leak test 

(a)	An inspector conducting a fuel cap leak test to determine a
gasoline-fueled motor vehicle's compliance with the fuel cap leak test
requirements at N.J.A.C. 7:27-15.5(f)4 shall perform the test [as
follows:

1.	On and after the date EPA promulgates the procedures to be used for
the fuel cap leak test at 40 C.F.R.  85.2222, or elsewhere in Title 40,
such procedures and standards and all subsequent revisions thereto shall
be incorporated herein by reference;

2.	Until EPA promulgates such procedures and standards,] in accordance
with  the applicable procedures and standards [shall be those] described
in the EPA technical guidance document EPA420 R-00-007, entitled IM240
and Evap Technical Guidance, incorporated herein by reference.   A copy
of this EPA technical guidance document may be obtained from the Public
Access Center in the Department of Environmental Protection.

[7:27B-5.9] 7:27B-5.8  Specifications for motor vehicle testing
equipment for use in the New Jersey Enhanced Inspection and Maintenance
Program tc \l1 "7:27B-5.9  Specifications for motor vehicle testing
equipment for use in the New Jersey Enhanced Inspection and Maintenance
Program 

(a)	Equipment used for performing the idle test, as set forth at
N.J.A.C. 7:27B-5.3(b), and the [2,500 RPM] two speed idle test, as set
forth at N.J.A.C. 7:27B-5.4, shall conform with the requirements for
such equipment at [40 C.F.R.  51 Subpart S Appendix D - Steady State
Short Test Equipment,] 40 CFR 85.2225, Steady state test exhaust
analysis system – EPA 91, and all subsequent revisions thereto,
incorporated herein by reference.

(b)	[Equipment used for performing the ASM5015 test, as set forth at
N.J.A.C. 7:27B-5.5, shall conform with the following:

1.	On and after the date EPA promulgates the ASM5015 equipment
specifications at 40 C.F.R.  85.3, such specifications and all
subsequent revisions thereto shall be incorporated herein by reference;

2.	Until EPA promulgates such specifications, the applicable
specifications shall be those described in the EPA technical guidance
document EPA-AA-RSPD-I/M-96-2, entitled Acceleration Simulation Mode
Test Procedures, Emission Standards, Quality Control Requirements, and
Equipment Specifications, July 1996, incorporated herein by reference.  
A copy of this EPA technical guidance document may be obtained from the
Public Access Center in the Department of Environmental Protection.

(c)]	Equipment used for performing the fuel cap leak test, as set forth
at N.J.A.C. [7:27B-5.8]7:27B-5.7, shall be in accordance with the
[following:

1.  	On and after the date EPA promulgates the evaporative system
inspection equipment specifications at 40 C.F.R.  85.2227, such
specifications and all subsequent revisions thereto shall be
incorporated herein by reference;

2.	Until EPA promulgates such specifications, the] applicable
specifications [shall be those] described in the EPA technical guidance
document EPA420 R-00-007, entitled IM240 and Evap Technical Guidance,
incorporated herein by reference.  A copy of this EPA technical guidance
document may be obtained from the Public Access Center in the Department
of Environmental Protection.

(d)	Equipment used for performing the OBD inspection, as set forth at
N.J.A.C. [7:27B- 5.7]7:27B-5.6, shall be approved by the Department as
provided at N.J.A.C. 7:27B-5.2(c) and shall conform with the provisions
of 40 C.F.R.  85.2231, and all subsequent revisions thereto,
incorporated herein by reference.

Based on consultation with staff, I hereby certify that the above
statements, including the Federal Standards Analysis addressing the
requirements of Executive Order No.  27 (1994), permits the public to
understand accurately and plainly the purposes and expected consequences
of this proposal.  I hereby authorize this proposal.

Date:_____________ 			________________________________________

					Mark N. Mauriello, Acting Commissioner

					Department of Environmental Protection

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