NJ DEPARTMENT of ENVIRONMENTAL PROTECTION

Environmental Planning and Science

Air Quality Management

Notice of Rule Proposal

N.J.A.C. 7:27-15, Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles and N.J.A.C. 7:27B-5, Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor Vehicles

Public Notice

Take notice that the New Jersey Department of Environmental Protection is re-proposing new rules, amendments and repeals of its rules at N.J.A.C. 7:27-15 and N.J.A.C. 7:27B-5, its rules relating to the State's program for the enhanced inspection and maintenance (I/M) of gasoline-fueled motor vehicles. Because it constitutes a proposed revision to the State's Enhanced I/M Program State Implementation Plan (SIP), this reproposal was forwarded on April 24, 2002 to the United States Environmental Protection Agency (EPA). A statement of the substance of the proposal follows:

The Department is proposing a number of modifications to the State's enhanced I/M program. Please note that this proposal is a reproposal of (but differs from) the Department's proposal that was published in the New Jersey Register on January 22, 2002 at 34 N.J.R. 414(a). (After the public hearing held on February 25, 2002, the Department determined not to adopt the January 22, 2002 proposal, but rather to repropose changes to the enhanced I/M program.) The currently proposed amendments include changing the start date for mandatory on-board diagnostic (OBD) inspections for all 1996 or newer vehicles from January 1, 2001 to June 1, 2003, and continuing the initial ASM5015 emission standards beyond their current end date of December 31, 2001, in place of the current "final" standards. The proposal would also eliminate references to the evaporative pressure and purge tests and would add new OBD inspection procedures. Finally, consistent with recent rulemaking by the New Jersey Division of Motor Vehicles (DMV), the proposal would change the emissions test to be used for certain pre-model year 1996 vehicles that are registered as school buses and inspected by the DMV's school bus inspection unit. Those 1995 or older school buses that would have been tested biennially (every other year) with the dynamometer-based ASM5015 test would instead be tested twice a year with a 2500 RPM test.

The proposal was published in the New Jersey Register dated May 20, 2002. The proposal is available in the following formats:

Copies of the Department's proposal are also available from the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public libraries throughout the State, and, for a fee, from Westlaw Publishing at 1-800-808-WEST. For more information on obtaining copies, please contact:

phone: (609) 777-1345

fax: (609) 633-6198

lmcgee@dep.state.nj.us

A public hearing concerning the proposal is scheduled as follows:

Monday, June 24, 2002 at 10:00 a.m.

First Floor Public Hearing Room

Department of Environmental Protection

401 E. State Street

Trenton, New Jersey

Written comments may be submitted by close of business July 30, 2002, to:

Stacey P. Roth, Esq.

NJ Department of Environmental Protection

Office of Legal Affairs

P.O. Box 402

Trenton, New Jersey 08625-0402

ATTN: DEP Docket #12-02-04/320

Note:  Because of the delayed distribution of the May 20, 2002 issue of the New Jersey Register, the comment period on this reproposal has been extended by 11 days from July 19, 2002 to July 30, 2002.