CHAPTER Env-A 1100  PREVENTION, ABATEMENT, AND CONTROL OF MOBILE SOURCE AIR POLLUTION

 

Statutory Authority:  RSA 125-C:6, XII

 

PART Env-A 1101  PURPOSE AND APPLICABILITY

 

          Env-A 1101.01  Purpose.  The purpose of this chapter is to regulate emissions from all motor vehicles pursuant to RSA 125-C:6, XII.

 

Source.  #120, eff 8-31-73; ss by #721.9, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6343-B, eff  9-28-96, EXPIRED: 9-28-04

 

New.  #8200, INTERIM, eff 11-6-04, EXPIRES: 5-5-05; ss by #8313, eff 3-26-05; ss by #10345, eff 5-22-13; ss by #13680, eff 7-1-23

 

          Env-A 1101.02  Applicability.  This chapter shall apply to all motor vehicles as defined in Env-A 100.

 

Source.  #120, eff 8-31-73; ss by #721.9, eff 12-7-75; ss by #1717, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6343-B, eff  9-28-96, EXPIRED: 9-28-04

 

New.  #8200, INTERIM, eff 11-6-04, EXPIRES: 5-5-05; ss by #8313, eff 3-26-05; ss by #10345, eff 5-22-13; ss by #13680, eff 7-1-23

 

PART Env-A 1102  MOTOR VEHICLE MAINTENANCE AND OPERATING REQUIREMENTS

 

          Env-A 1102.01  Maintenance Requirements for Motor Vehicles.

 

          (a) No person shall alter or remove any emission control equipment or system, including the basic fuel system, in any way that might limit or reduce the ability of that equipment or system to control emissions.

 

          (b)  All emission control equipment that is originally supplied on a motor vehicle shall be maintained in place and in functional operating condition. 

 

          (c)  Emission control equipment shall be replaced only with equipment that meets or exceeds the specifications of the original equipment.

 

Source.  #10345, eff 5-22-13; ss by #13680, eff 7-1-23

 

          Env-A 1102.02  Idling Limitations for Motor Vehicles.

 

          (a)  Unless exempted by Env-A 1102.03, the owner or operator of a motor vehicle shall comply with the idling limitations specified in Table 1100-1, below, subject to the note in (b), below:

 

Table 1100-1: Idling Limitations for Motor Vehicles

 

Temperature

in degrees Celsius (degrees Fahrenheit)

Maximum Idling Time

Above 0° C (32° F)

No more than 5 consecutive minutes in any 60-minute period

At or between -23°C (-10°F) and 0°C (32°F)

No more than 15 consecutive minutes in any 60-minute period

Below -23° C (-10° F)

No limit A

 

          (b)  “A” means that there is no limitation on idling time so long as no nuisance is created.

 

Source.  #10345, eff 5-22-13; ss by #13680, eff 7-1-23

 

          Env-A 1102.03  Exemptions From Idling Limitations.  The owner or operator of a motor vehicle shall be exempt from the idling limitations specified in Env-A 1102.02(a) under any of the following conditions:

 

          (a)  The motor vehicle is forced to remain motionless because of traffic conditions over which the operator has no control;

 

          (b)  The motor vehicle is a police, fire, ambulance, public safety, military, or other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, which is idling while in an emergency or training mode and not for the convenience of the operator;

 

          (c)  The motor vehicle’s engine is:

 

(1)  Providing power takeoff for refrigeration, lift gate pumps, or other auxiliary uses;

 

(2)  Supplying heat or air conditioning necessary for passenger comfort in those vehicles intended for passenger transportation; or

 

(3)  Being operated solely to defrost its windshield to prevent a safety or health emergency, and not as part of a rest period; or

 

          (d)  The motor vehicle is being operated by a mechanic for maintenance or diagnostic purposes, if idling is required for such activity.

Source.  #10345, eff 5-22-13; ss by #13680, eff 7-1-23

 

          Env-A 1102.04  Visible Emissions Requirements for Gasoline-Powered Motor Vehicles.  No person shall operate a gasoline-powered motor vehicle that emits visible emissions other than water vapor or steam, except during the initial starting of the engine.

 

Source.  #10345, eff 5-22-13; ss by #13680, eff 7-1-23

 


Appendix

 

Rule

Specific State Statute the Rule Implements

 

 

Env-A 1101

RSA 125-C:6, XII

Env-A 1102

RSA 125-C:6, XII