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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
AIR QUALITY, ENERGY AND SUSTAINABILITY
DIVISION OF AIR QUALITY
BUREAU OF MOBILE SOURCES

Notice of Rule Proposal
Proposed Revisions to the State Implementation Plan (SIP) for New Jersey’s Enhanced Inspection and Maintenance (I/M) Program
Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles, N.J.A.C. 7:27-14
Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles, N.J.A.C. 7:27-15
Civil Administrative Penalties and Requests for Adjudicatory Hearings, N.J.A.C. 7:27A-3
Air Test Method 4: Testing Procedures for Diesel-Powered Motor Vehicles, N.J.A.C. 7:27B-4
Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor Vehicles, N.J.A.C. 7:27B-5

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection is proposing a SIP revision, rule amendments, rule repeals and a new rule that pertains to the motor vehicle inspection program.

The proposed Department rules, along with the Motor Vehicle Commission’s (MVC) proposed rules at 48 N.J.R. 249(a), constitute a revision to New Jersey’s SIP for Enhanced I/M.  The proposed SIP revision also includes I/M program modeling and United States Environmental Protection Agency (USEPA) performance standard modeling that evaluates the emission impacts that will result from the proposed changes.  Copies of the Department’s proposed SIP revision are available on the Department’s website at www.nj.gov/dep/baqp/sip/siprevs.htm. The Department will accept comments on the SIP revision, as well as on the Department’s proposed rules.

The Department proposes to eliminate the exhaust emissions tests (tailpipe tests) for all gasoline-fueled motor vehicles, and the smoke opacity test for diesel-powered vehicles equipped with On-Board Diagnostics (OBD). Under the proposed I/M program, every vehicle subject to inspection that is required by the USEPA to be equipped with an OBD system will be subject to an OBD test. 

The Department is also proposing amendments related to inspection requirements and inspection procedures.  The existing rules contain three smoke opacity tests for heavy-duty diesel-powered motor vehicles.  The Department proposes to repeal the rolling acceleration smoke opacity test, and the power brake smoke opacity test, and retain only the snap acceleration smoke opacity test. 

The proposed rules replace the existing NJ Diesel Emission Inspection Center (DEIC) inspection forms with daily electronic reporting of diesel inspections.  In the new program, the Private Inspection Facility (PIF) will submit diesel inspection information to the State through an electronic portal or a workstation.

Other proposed amendments add requirements and standards for the fuel leak check, which the MVC’s rules require; add procedures for the diesel exhaust aftertreatment checks; and replace the fuel cap leak test (gas cap test) for gasoline-fueled vehicles with a visual gas cap check to ensure that a gas cap is present. 

Proposed enforcement-related amendments include authorizing inspectors of both gasoline-fueled and diesel-powered motor vehicles to fail those vehicles if they determine that there has been tampering with the emission controls, and to assess penalties for tampering with emission controls on diesel vehicles. The penalties are consistent with existing penalties for tampering with emission controls on gasoline vehicles.

The proposal is scheduled to be published in the New Jersey Register dated May 16, 2016.  A copy of the proposal is available from:  DEP website, http://www.nj.gov/dep/rules/proposals/20160516b.pdf; Bureau of Mobile Sources (phone 609-292-7953); and LexisNexis free public access to the New Jersey Register (www.lexisnexis.com/njoal).

A public hearing concerning the proposal is scheduled as follows:

June 24, 2016 at 10:00 A.M
New Jersey Department of Environmental Protection
Hearing Room, 1st Floor
401 East State Street
Trenton, New Jersey 08625

                                                                             
Written comments may be submitted electronically by July 15, 2016 at http://www.nj.gov/dep/rules/comments; or
In hard copy to:

Alice A. Previte, Esq.
Attention: DEP Docket No. 04-16-04
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402

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Last Updated: March 26, 2019