2003 I/M Program Annual Report Introduction

In keeping with the Federal Clean Air Act Amendments (CAAA) of 1990, the NYSDEC and the NYSDMV in 1998 jointly implemented a high enhanced I/M program for NYMA and a low enhanced I/M program for the Upstate, as outlined in the State's March 1996 State Implementation Plan (SIP).

In accordance with the reporting requirement described under 40 CFR Part 51.366 paragraphs (a) through (d), this report documents all the required annual information for the I/M program operations in the State of New York, including the high enhanced I/M program in NYMA and low enhanced I/M program in Upstate. The reporting period is from January 1, 2003 to December 31, 2003.

The required biennial report was part of the submitted annual report for year 2002, as defined in 40 CFR Part 51.366 paragraph (e).

A. The NYMA I/M Program

The NYMA I/M Program is applied in the following nine (9) counties:

Nassau and Suffolk counties in Long Island;
Bronx, Kings, New York, Queens, and Richmond counties in New York City; and,
Rockland and Westchester counties located immediately north of the New York City.

Under the 1990 CAAA, the entire NYMA area and Southern Orange county have been designated as a severe non-attainment area for ozone. Except for Rockland and Suffolk, all counties in NYMA were designated as non-attainment for CO until 2002 when they were re-designated to be under a maintenance plan. New York county is also a moderate non-attainment area for PM₁₀.

An idle test I/M program was implemented in NYMA in 1981, in which all registered vehicles were required to be safety-inspected and idle tested on an annual basis. A high enhanced I/M program was proposed in the State's I/M SIP in March 1996, with the EPA's approval on June 7, 2001. On January 1, 1998, the idle emissions test program was upgraded to an enhanced I/M program, and this New York Transient Emissions Short Test (NYTEST)-based program was fully functional for the entire NYMA by May of 1999.

NYTEST is a dynamometer-based mass emissions analyzer system (which includes a dynamometer, BAR 97 analyzer, VMAS^TM unit, NYTEST software, and camera) that utilizes the IM240 driving cycle. It is a cost-effective emissions test tool for use in the NYMA as a substitute for the IM240 emissions test to meet the Federal I/M program obligations and at the same time being compatible with the pre-existing decentralized test-and-repair network.

Under this high enhanced I/M program, all vehicles registered to operate in NYMA are required to have an annual safety inspection. Except for diesel-fueled vehicles, electric vehicles, motorcycles, historic vehicles, farm equipment, and two-cycle spark ignition vehicles, all registered vehicles between the ages of two (2) and twenty-five (25) inclusive are required to have an emissions test. The required emissions test includes:

a comprehensive visual anti-tampering inspection of a given list of emissions control devices (ECDs) when applicable;
a gas cap integrity (or pressure) check;
a mass-based emissions test, NYTEST, for 1981+ light-duty vehicles and trucks;
a one-speed idle test for pre-1981 light-duty fleet, for 1981+ light-duty fleet equipped with all wheel drive or traction control; and,
a one-speed idle test for heavy-duty vehicles.

Since 2002, NYSDEC has been negotiating with the three (3) NYTEST equipment providers (ESP, SUN, and SPX) regarding the inclusion of an optional OBD inspection into the NYTEST program. In a letter dated May 20, 2003, the vendors were requested to confirm their commitment to participation in the NYMA OBD program. By March of 2004, all three NYTEST vendors had submitted their OBD upgrades for certification testing. Beta testing using ESP's software with OBD pass/fail criteria started on April 26, 2004, with the software certified on May 7, 2004. The software certification process is continuing for the other two vendors (SUN and SPX).

B. The Upstate I/M Program

Note that any NYTEST-based OBD upgrade software certified by the State will become obsolete by April 2005, as the Upstate OBD-inspection I/M program is scheduled to be expanded from Upstate to the NYMA area on April 1, 2005.

Based upon the requirement of the Ozone Transport Region (OTR) under CAAA of 1990, a low enhanced I/M program was implemented in the remaining fifty-three (53) counties of New York, or Upstate, in January 1998, as is outlined in the State's March 1996 SIP.

Under this program, all vehicles registered to operate in Upstate are also required to have an annual safety inspection. Additional requirements include a comprehensive visual anti-tampering inspection of a given list of ECDs when applicable, and, a gas cap pressure check.

Since 2002, the State has been working towards a New York Vehicle Inspection Program (NYVIP) for the Upstate, which includes the computerization of the Upstate I/M Program data as well as the implementation of an OBD inspection testing program. During 2003, NYSDMV drafted the required changes and incorporated NYVIP into the Inspection Regulations (Part 79), which are presently (July 2004) undergoing public comment. As shown by the NYVIP program schedule presented in Table I.B, on March 24, 2003, the State released a Request for Proposals (RFP) for an OBD-based program manager for the New York State. On January 9, 2004, a contract was approved and awarded to SGS TestCom, Inc. The contract requires that TestCom complete the following tasks:

develop, market, and install certified OBD inspection equipment to private decentralized stations in Upstate, (and eventually statewide);
provide OBD equipment maintenance (break/fix);
provide data management and data transfer to both NYSDMV and NYSDEC;
develop and maintain a public information website;
maintain an inspector-based help desk;
provide computer-based inspector training; and
develop and implement a public awareness campaign.

As part of this effort, in November 2003 NYVIP related training and educational tools for staff and the public were developed. Visits to Upstate inspection facilities were also made in an effort to educate, survey, and also screen for potential participation in NYVIP alpha and beta testing. Preliminary testing of NYVIP OBD software (alpha testing) began in January 2004 at 30 selected stations in the greater Syracuse and Albany areas. To date, approximately 4,500 advisory OBD tests have been completed at these stations. The second round of NYVIP software testing (beta testing) was delivered for certification testing on May 10, 2004.

At this time,an Upstate advisory board has been established to include statewide key industry leaders, fleets and motoring public organizations. NYSDMV/NYSDEC staff have spoken at over 60 meetings organized by industrial groups and organizations in an effort to inform the industry about the upcoming program. FAQs about the program were posted on the NYSDMV website (www.dmv.ny.gov/repairshop.htm#NYVIP) and a brand new website for stations (www.nyvip.us) was designed and launched by the program manager. Staff have visited over 750 high volume stations in the Upstate area to identify their level of readiness. A computer based training (CBT) program has also been developed and was offered to all beta facilities and NYSDMV/NYSDEC staff in a classroom environment.

The NYVIP is scheduled to be officially implemented in the Upstate by September 2004, and will be expanded to the existing NYMA by April of 2005. The Upstate I/M program will be computerized with ample means of electronic detection of and enforcement against possible fraudulent activities. There will also be registration based emission inspection enforcement for model year vehicles 25 years old and newer.

C. A Taxi and Limousine Commission (TLC) OBD Inspection Program

The TLC in New York City, under terms of a Consent Order with the City and other parties, is required to provide emissions testing for all medallion taxis fleet on a three (3) times per year basis. As of March 2003, the TLC has entered into a contract with SysTech International to improve their existing inspection facilities. On December 8, 2003, TLC opened the first two (2) of the six (6) planned lanes at its centralized inspection facility and commenced safety and OBD inspections.

While the TLC fleet in New York City offers a limited number of vehicle make and model year combinations, these vehicles typically have relatively high mileages for their age. Data from this program is to be provided to both NYSDEC and NYSDMV. As there were only three (3) weeks of data for the calendar year of 2003, NYSDEC will include the progress report on this TLC OBD inspection program in the future annual reports starting calendar year 2004.