reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.18 - Deadline for the installation of retrofit technology

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of a regulated on-road diesel vehicle, regulated solid waste vehicle, regulated commercial bus or piece of regulated off-road diesel equipment, or any combination thereof, shall ensure the installation and use of a retrofit device on each vehicle and equipment as required by a notice of intent to comply, or a fleet plan, as applicable, as follows:
1. For a fleet of fewer than 75 vehicles or pieces of equipment to be retrofitted, within 120 days of notice of receipt by the Department of the notice of intent to comply, approval of the fleet plan or the certification of funds in accordance with 26:2C-8.3 4, whichever is later;
2. For a fleet of at least 75 but no more than 150 vehicles or pieces of equipment to be retrofitted, within 180 days of notice of receipt by the Department of the notice of intent to comply, approval of the fleet plan or the certification of funds in accordance with 26:2C-8.3 4, whichever is later; and
3. For a fleet of more than 150 vehicles or pieces of equipment to be retrofitted, within 270 days of notice of receipt by the Department of the notice of intent to comply, approval of the fleet plan or the certification of funds in accordance with 26:2C-8.3 4, whichever is later.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.19 - Annual supplements and annual modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The date on which all parts of a fleet plan have been approved and are in effect will serve as the anniversary date of the fleet plan approval.
(b) The date on which the Department receives a notice of intent to comply will serve as the anniversary date of the notice.
(c) Every year, each owner of a regulated vehicle or regulated equipment shall submit a supplement to the notice of intent to comply, fleet retrofit plan or combined fleet retrofit plan, or a modification of the fleet averaging plan or combined fleet averaging plan, as applicable, indicating any changes made to the fleet not reflected in the preceding plan, modification or supplement or indicating that there have been no such changes to the fleet. The owner shall submit this supplement or modification on whichever of the following events occurs later:
1.The anniversary date of the notice of intent to comply or fleet plan; or
2. Ninety days after the Department approves the notice of intent to comply, fleet plan, or most recent supplement or modification thereto, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.20 - Issuance and completion of compliance forms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will notify the owner of a regulated school bus, regulated vehicle or piece of regulated equipment of the availability of a one-page compliance form for each vehicle or piece of equipment for which the installation of a CCVS or BART is required. The compliance form will be available through the Department's website at
http://www.state.nj.us/dep/stopthesoot
.
(b) The Department will make the compliance form for regulated school buses available after it has certified, pursuant to 26:2C-8.2 8c(3)(b), that sufficient funds are available for the installation of the required CCVSs.
(c) The Department will make the compliance form for an on-road diesel vehicle other than a regulated school bus or piece of off-road diesel equipment available no later than 180 days after:
1. The date on which the owner submits a notice of intent to comply pursuant to 7:27-32.7;
2. The effective date of the fleet plan pursuant to 7:27-32.17; or
3. The effective date of any supplement or modification submitted pursuant to 7:27-32.19 for those vehicles that are added to the fleet, or for which the notice of intent to comply or fleet plan has been modified.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.21 - One-time compliance inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As soon as practicable, but no later than 90 days after meeting the requirements of 7:27-32.18, the owner of any vehicle retrofitted under the provisions of this subchapter that is not required to be inspected under the periodic inspection program shall have the vehicle inspected by a licensed diesel emissions inspection center for the presence of the required retrofit device and compliance with the requirement described on the compliance form issued pursuant to 7:27-32.20. In the case of an owner who is authorized under N.J.A.C. 39:8-69 to self-inspect his or her vehicles, the owner shall perform this inspection no later than one year after installation of the retrofit device and provide the certification required on the compliance form.
(b) For any retrofitted vehicle that is subject to inspection under the periodic inspection program, the owner, after complying with the installation provisions of this subchapter, shall have the regulated vehicle inspected for compliance with this subchapter as soon as practicable after completing and submitting the compliance form pursuant to 7:27-32.20, but no later than the next scheduled annual periodic inspection.
(c) The person performing the inspection shall verify:
1. The presence of the required retrofit device;
2. That the label identification number on the form matches the number on the device in the vehicle; and
3. That the vehicle identification number on the vehicle is the same as is entered on the form.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.22 - Recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner of a regulated school bus, regulated vehicle or regulated equipment shall keep in a single location at his or her place of business, available for Department inspection, the following:
1. The current and completed original compliance form pursuant to 7:27-32.20 for each vehicle or piece of equipment, or any other document that may be issued or required pursuant to 26:2C-8.4 5 to verify compliance;
2.Maintenance records for the CCVS or best available retrofit technology;
3. For each vehicle or piece of equipment required to use modified fuel or fuel additives pursuant to 7:27-32.8, or the approved fleet plan or approved supplement or approved modification thereto, as applicable, records of fuel purchases since the use of the retrofit and fuel additive or fuel began, or for the two preceding calendar years, whichever is of shorter duration;
4. The original, approved fleet plan, any supporting documentation submitted to the Department, and approvals or disapprovals of the requests, plans, supplements, or modifications, as applicable;
5.Maintenance records of the usage or documentation demonstrating permanent removal of the engine from service of any vehicle or piece of equipment retired from the fleet and included in a fleet retrofit plan, combined fleet retrofit plan, fleet averaging plan or combined fleet averaging plan; and
6. Any other documentation pertinent to fleet averaging plan approvals.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.23 - Program support

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person seeking further information concerning this program or specific technical guidance for the preparation of fleet retrofit plans, combined fleet retrofit plans, and fleet averaging plans required pursuant to this section and any revisions, supplements, or modifications thereto may contact the Department as follows:
1. Visit the Diesel Risk Reduction Program's website at
http://www.nj.gov/dep/stopthesoot/
;
2. Write the Department at: Department of Environmental Protection
Bureau of Mobile Sources
Diesel Risk Reduction Program
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.25 - Recovery of reimbursement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Treasurer may recover any reimbursement from the fund, upon a finding that:
1. The purchase or installation of a CCVS or BART on the vehicle or equipment for which the application for reimbursement was filed was not completed; or
2.The applicant for reimbursement:
i. Provided false information or withheld information on an application that renders the applicant ineligible for reimbursement from the fund;
ii. Received a larger reimbursement from the fund than the applicant would otherwise be eligible; or
iii. Received payments from the fund in excess of the actual costs incurred by the applicant or received reimbursement in excess of the amount for which the applicant is legally eligible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to collect information to understand the use cases of zero-emission vehicles with a GVWR of more than 8,500 pounds in New Jersey and to inform potential future strategies to accelerate the sales of zero-emission vehicles in these weight classes in the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this subchapter apply to each of the following entities:
1. Any entity with gross annual revenues greater than $ 50 million in the United States for the 2022 tax year, including revenues from all subsidiaries, subdivisions, or branches, that operated a facility in New Jersey in 2022 and had one or more vehicles over 8,500 pounds GVWR under common ownership or control that were operated in New Jersey in 2022;.
2. Any fleet owner that, in the 2022 calendar year, had 50 or more vehicles with a GVWR greater than 8,500 pounds under common ownership or control and operated a facility in New Jersey;
3. Any broker or other entity that, in the 2022 calendar year, dispatched 50 or more vehicles with a GVWR greater than 8,500 pounds into or throughout New Jersey and operated a facility in New Jersey;
4. Any New Jersey government agency, including State and local government, that had one or more vehicles over 8,500 pounds GVWR that were operated in New Jersey in 2022; and
5. Any Federal government agency that had one or more vehicles over 8,500 pounds GVWR that were operated in New Jersey in 2022.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.4 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An entity subject to this subchapter shall submit the information specified at N.J.A.C. 7:27-33.6 and 33.7 to the Department by April 1, 2023, through the web portal to be established on the
www.stopthesoot.org
website.
(b) All submissions to the web portal shall include a certification(s) as provided at N.J.A.C. 7:271.39.
(c) All information submitted to the Department pursuant to this subchapter shall be public information, unless the person submitting the information asserts a confidentiality claim and the Department determines that the information is entitled to confidential treatment in accordance with N.J.A.C. 7:27-1.8 through 1.30.
(d) Subsidiaries, parent companies, or joint ventures may independently report information for each vehicle over 8,500 pounds. Alternatively, the corporate parent or joint venture business may report on behalf of its subsidiaries, as long as the information for all vehicles over 8,500 pounds is reported for each subsidiary, corporate parent, and joint venture.
(e) An entity subject to this subchapter and has brokerage and/or motor carrier authority shall submit a report, even if no vehicles are owned by the entity.
(f) Information pertaining to vehicles that are under common ownership or control may be submitted separately by each fleet owner.
(g) Vehicle data must be reported as the fleet was comprised on a date of the fleet owner's choosing, so long as that date falls between January 1, 2022, and December 31, 2022.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.5 - Recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An entity subject to this subchapter shall maintain the records used to compile responses to N.J.A.C. 7:27-33.6 and the data and analysis period used for N.J.A.C. 7:27-33.7for a period of five years after the reporting deadline. Records shall include the following:
1. For owned on-road vehicles, mileage records and dates from records, such as maintenance logs, vehicle logs, or odometer readings, or other records with the information that the reporting entity used to determine its response;
2. For on-road vehicles not owned, but dispatched by the entity, dispatch records and dates, contracts, or other records with the information that the reporting entity used to determine their responses;
3. Vehicle registration for each owned vehicle operated in New Jersey; and
4. Contracts with entities, or contracts with subhaulers, or other records with the information that an entity used to determine their responses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.6 - General entity information reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An entity subject to this subchapter shall report the following general information, as applicable:
1. Entity name and fictitious business name;
2. Mailing address including street name or PO box, city, state, and zip code;
3. Name of the designated responsible official;
4. Designated responsible official's email address;
5. Designated responsible official's phone number;
6. Name of corporate parent or governing body;
7. Federal Taxpayer Identification Number of corporate parent or other entities with which the reporting entity has vehicles under common ownership or control;
8. For a government entity, the jurisdiction;
9. Federal Taxpayer Identification Number;
10. Primary six-digit North American Industry Classification System code;
11. For a non-governmental entity, the total annual revenue for the entity in the United States for 2022;
12. Broker authority under the Federal Motor Carrier Safety Administration;
13. The operating authority numbers, including motor carrier identification number, United States Department of Transportation number, and International Registration Plan number;
14. The number of entities with whom the reporting entity had a contract to deliver items or to perform work in New Jersey using vehicles over 8,500 pounds GVWR in 2022;
15. The estimated number of subhaulers, vehicles operated by subhaulers, and the number of vehicles operated by subhaulers that operated under the reporting entity's motor carrier authority; and
16. The number of vehicles with a GVWR over 8,500 pounds the reporting entity owned and operated in New Jersey in 2022 that do not have a vehicle home base in New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 33 - FLEET REPORTING REQUIREMENTS › Section 7:27-33.7 - Vehicle usage by facility information reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An entity subject to this subchapter shall report general information about the vehicle home base of all on-road vehicles as specified at (b) below and information about vehicle operating characteristics for vehicles domiciled or assigned to each vehicle home base as specified at (c) below. Vehicles that accrue a majority of their annual miles in New Jersey, but are not assigned to a particular location in New Jersey, must be reported as part of the headquarters or another location where the vehicles' operation is managed.
(b) An entity subject to this subchapter shall report the following information for each vehicle home base:
1. Facility address including street name, city, state, and zip code;
2. Facility type category as listed at N.J.A.C. 7:27-33.1;
3. Name of responsible official;
4. Responsible official's email address;
5. Whether the facility is owned or leased by the entity;
6. What type of fueling infrastructure is installed at the facility;
7. Whether the refueling infrastructure was initially installed on or after January 1, 2010; and
8. The types of trailers the reporting entity pulls, if it has tractors assigned or domiciled at this facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to reduce oxides of nitrogen (NOx) and particulate matter (PM) emissions from cargo handling equipment with diesel-fueled compression ignition engines that operate at ports and intermodal rail yards in the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided, this subchapter applies to:
1. Any person who owns or operates a terminal or business at a port in New Jersey and operates cargo handling equipment at that location;
2. Any person who owns or operates an intermodal rail yard in New Jersey and operates cargo handling equipment at that location; and
3. Any person conducting business in New Jersey who sells, offers for sale, leases, rents, or purchases any cargo handling equipment or CI engine that is used at any port or intermodal rail yard in New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.4 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns or operates a terminal or business at a port in New Jersey and operates cargo handling equipment at that location is required to keep all cargo handling equipment subject to this subchapter in compliance with the requirements of this subchapter at all times.
(b) Any person who owns or operates an intermodal rail yard in New Jersey and operates cargo handling equipment at that location is required to keep all cargo handling equipment subject to this subchapter in compliance with the requirements of this subchapter at all times.
(c) No person conducting business in the State shall sell, offer to sell, import, deliver, purchase, receive, or otherwise acquire any cargo handling equipment or CI engine for the purpose of selling, renting, or leasing the cargo handling equipment or CI engine for operation or use at a port or intermodal rail yard in New Jersey, if the equipment or engine does not meet the requirements of this subchapter.
(d) Failure to comply with any of the obligations or requirements of this subchapter shall subject the violator to an enforcement action pursuant to the provisions of the Air Pollution Control Act, at N.J.S.A. 26:2C-19, and the Air Administrative Procedures and Penalties, at N.J.A.C. 7:27A-3.
(e) All information submitted to the Department pursuant to this subchapter shall be a public record, unless the person submitting the information asserts a confidentiality claim and the Department determines that the information is entitled to confidential treatment in accordance with N.J.A.C. 7:27-1.8 through 1.30.
(f) A zero-emission engine or equipment shall be considered over-compliance with the performance standards of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.5 - Performance standards for new cargo handling equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or after March 1, 2025, any new cargo handling equipment that is a registered motor vehicle shall be equipped with a certified on-road engine for the model year in which the cargo handling equipment and engine is newly purchased, leased, or rented.
(b) Except as otherwise provided, on or after March 1, 2025, any new cargo handling equipment that is not a registered motor vehicle shall be equipped with one of the following:
1. A certified on-road engine for the model year in which the cargo handling equipment is newly purchased, leased, or rented;
2. A certified Tier 4 final off-road engine; or
3. A certified engine and power system that meet the emission standards of a certified on-road engine for the model year in which the cargo handling equipment and/or engine or power system is newly purchased, leased, or rented, or a certified Tier 4 final off-road engine. Compliance with the emission standards shall be demonstrated to the Department by using one of the following tests:
i. Testing conducted by the engine manufacturer for the engine and power system;
ii. Testing conducted by the engine manufacturer for another in-use engine and power system that is configured and used in a substantially similar way to the engine and power system; or
iii. Testing conducted to meet the regulatory requirements of CARB's Verification Procedure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.6 - Performance standards for in-use yard trucks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with the schedule at Table 1, any in-use yard truck shall be equipped with one of the following:
1. A certified on-road engine for the model year of the year purchased, rented, or leased;
2. A certified Tier 4 final off-road engine; or
3. A certified engine and power system that meet the emission standards of a certified on-road engine for the model year in which the cargo handling equipment and/or engine or power system is newly purchased, leased, or rented, or a certified Tier 4 final off-road engine, as demonstrated to the Department by using one of the following tests:
i. Testing conducted by the engine manufacturer for the engine and power system;
ii. Testing conducted by the engine manufacturer for another in-use engine and power system that is configured and used in a substantially similar way to the engine and power system; or
iii. Testing conducted to meet the regulatory requirements of CARB's Verification Procedure.
Table 1: Compliance Schedule for In-Use Cargo Handling Equipment
Cargo handling equipment with an on-road engine
Cargo handling equipment with an off-road engine
Compliance deadline
Pre-1998 model year
Tier 0
March 1, 2025
1998-2003 model year
Tier 1
March 1, 2026
2004-2006 model year
Tier 2
March 1, 2027
2007-2009 model year
Tier 3 and Tier 4 interim
March 1, 2028
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.7 - Performance standards for in-use non-yard trucks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided, in accordance with the schedule at Table 1 above, any in-use nonyard truck shall be equipped with:
1. A certified on-road engine or certified Tier 4 final off-road engine;
2. An engine or power system that is certified to the Tier 4 Alternate PM off-road diesel engine standards as specified at 13 CCR 2423(b)(2)(B) for the rated horsepower and model year and used in conjunction with a Level 3 VDECS; or
3. A certified engine or power system that meets the emission standards of a certified on-road engine or certified Tier 4 final off-road engine, as demonstrated to the Department by using one of the following tests:
i. Testing conducted by the engine manufacturer for that engine or power system;
ii. Testing conducted by the engine manufacturer from another in-use engine or power system that is configured and used in a substantially similar way to the engine or power system; or
iii. Testing conducted to meet the regulatory requirements of CARB's Verification Procedure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.8 - Opacity limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at (c) below, on or after March 1, 2025, for new cargo handling equipment and on or after the compliance deadlines at Table 1 above for in-use cargo handling equipment, or any approved compliance extension(s), any cargo handling equipment subject to this subchapter shall not exceed the opacity limits at Table 2 below. Compliance with the opacity limits will be determined by the Department with a smoke meter that meets, and is used in accordance with, the Society of Automotive Engineers "Surface Vehicle Recommended Practice, Snap Acceleration Smoke Test
Procedure for Heavy-Duty Powered Vehicles" (SAE J1667, February 1996).
(b) Except as provided at (c) below, an owner or operator shall take out of service and repair any cargo handling equipment that exceeds the opacity limit at Table 2 below. The owner or operator shall not return the cargo handling equipment to service until it meets the opacity limits at Table 2 below. The owner or operator shall maintain all service and repair records in accordance with N.J.A.C. 7:27-34.15.
Table 2: Opacity Limits
PM emissions limit to which cargo handling equipment powered by a diesel CI engine is certified
Opacity Limit
>0.40 g/bhp-hr PM
55%
0.31-0.40 g/bhp-hr PM
45%
0.21-0.30 g/bhp-hr PM
35%
0.11-0.20 g/bhp-hr PM
25%
0.05-0.10 g/bhp-hr PM
15%
<0.05 g/bhp-hr PM
5%
(c) Cargo handling equipment that is a registered motor vehicle is subject to the applicable tests, procedures, and standards set forth at N.J.A.C. 7:27-14, 7:27B-4, and 13:20-26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.9 - Replacement engines for in-use cargo handling equipment

Current through Register Vol. 56, No. 14, July 15, 2024
Any in-use cargo handling equipment that is repowered with a replacement diesel-fueled CI engine is considered to be newly purchased, leased, or rented equipment and must meet the requirements at N.J.A.C. 7:27-34.5, unless the engine was replaced by the manufacturer due to failure during its warranty period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.10 - Alternate compliance option, generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may request that the Department approve an alternate compliance option if it cannot meet the performance standards at N.J.A.C. 7:27-34.5 through 34.7, as applicable. The compliance options are:
1. Approval to use the best available control technology for a new non-yard truck that is not registered as a motor vehicle, or an in-use non-yard truck, if a compliant non-yard truck is not available; and
2. A fleet averaging plan, provided the fleet averaging plan or 34.7, as applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.10A - Alternate compliance option-non-yard truck

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may request approval to apply the best available control technology for a new non-yard truck that is not registered as a motor vehicle or an in-use non-yard truck, if it cannot meet the performance standards at N.J.A.C. 7:27-34.5 and 34.7.
(b) The Department will grant the application if the owner or operator:
1. Demonstrates that it is not reasonably able to comply with the applicable performance standards because a certified on-road engine or certified Tier 4 final off-road engine with the appropriate physical or performance characteristics for the particular application is not available from any manufacturer or dealer;
2. Provides a list of manufacturers that the owner or operator has contacted and the manufacturers' responses to a request to purchase;
3. Demonstrates that use of the non-yard truck is necessary to prevent a disruption in operations; and
4. Provides an analysis of all commercially available control technologies that reduce PM and NOx and demonstrates that the alternative proposal will achieve the maximum possible PM and NOx reductions for the particular engine or non-yard truck.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.10B - Alternate compliance option-fleet averaging plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may apply to implement a fleet averaging plan in lieu of the requirements at N.J.A.C. 7:27-34.5, 34.6, and 34.7.
(b) The following requirements apply to an application for approval of a fleet averaging plan:
1. An applicant for a fleet averaging plan shall include, in the plan, two or more pieces of cargo handling equipment, but shall include in the plan only cargo handling equipment it owns or operates under its direct control at the same port or intermodal rail yard.
2. A piece of cargo handling equipment shall be included in no more than one plan.
3. The application for a fleet averaging plan shall include:
i. Documentation, calculations, emissions test data, or other information that establishes that reductions of PM, expressed in pounds, from the entire fleet of cargo handling equipment included in the fleet averaging plan will be equivalent to, or greater than, the emission reductions of PM that would have been achieved upon compliance with N.J.A.C. 7:27-34.5, 34.6, or 34.7, as applicable;
ii. Documentation, calculations, emissions test data, or other information that establishes that reductions of NOx emissions as expressed in pounds, from the entire fleet of cargo handling equipment included in the fleet averaging plan will be equivalent to, or greater than, the reductions of NOx emissions that would have been achieved upon compliance with N.J.A.C. 7:27-34.5, 34.6, or 34.7, as applicable; and
iii. The proposed recordkeeping, reporting, monitoring, and testing procedures that the applicant will use to demonstrate continued compliance with the plan.
4. Emission control strategies in the plan may include only:
i. Exhaust treatment control;
ii. Engine repower;
iii. Equipment replacement;
iv. Hybrid technology; or
v. Zero-emission equipment.
5. Emission reduction calculations demonstrating equivalence with the requirements at N.J.A.C. 7:27-34.5, 34.6, or 34.7, as applicable, shall:
i. Include only PM and NOx emissions from cargo handling equipment that operates at the port or intermodal rail yard to which the plan applies; and
ii. Not include reductions that are otherwise required by any local, State, or Federal rule, regulation, or statute, or any agreement or final administrative or court order to resolve an enforcement action, or agreed to as part of a local, State, or Federal grant, incentive, or voucher program. Except that reductions achieved as a result of funding from local, State, or Federal grant, incentive, or voucher programs for zero-emission equipment, which would result in over-compliance, may be included in the emission reduction calculations demonstration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.11 - Compliance extension, generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may apply for an extension of the deadline to comply with N.J.A.C. 7:2734.6 and 34.7 for the following:
1. The new cargo handling equipment or engine was purchased to comply with N.J.A.C. 7:27-34.6 or 34.7, but has not been received due to manufacturer delay;
2. The equipment is operated less than 200 hours in a calendar year (low-use equipment); or
3. The owner or operator is replacing in-use cargo handling equipment with zero-emission cargo handling equipment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.11A - Compliance extension-manufacturer delay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may request a compliance extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 or 34.7, if the new cargo handling equipment or engine was purchased to comply with N.J.A.C. 7:27-34.6 or 34.7, but has not been received due to manufacturer delays.
(b) The Department will grant the extension if the Department determines that the equipment was purchased, or the owner or operator and seller had entered into a contractual agreement for the purchase, at least six months prior to the required compliance date. An application for an extension due to manufacturer delay must include:
1. Identification of the delayed equipment and/or engine type and application, including engine horsepower;
2. A purchase order, letter, or other form of documentation that demonstrates that at least six months prior to the original compliance date the owner or operator entered into a contract to purchase equipment and/or engine meeting the requirements at N.J.A.C. 7:27-34.5; and
3. Documentation from a representative of the equipment and/or engine manufacturer supporting the applicant's claim of delayed availability, including the anticipated date that the equipment and/or engine meeting the requirements at N.J.A.C. 7:27-34 will be available and able to be delivered to the owner or operator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.11B - Compliance extension-low-use equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may request a compliance extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 and 34.7, for any piece of cargo handling equipment that is operated less than 200 hours annually. An extension under this section shall be for no longer than two years.
(b) The Department will approve an extension if the owner or operator:
1. Is in compliance with N.J.A.C. 7:27-34.6, 34.7, and 34.8 for all other cargo handling equipment in its fleet pursuant to the compliance schedule at N.J.A.C. 7:27-34.6, Table 1; and
2. Includes in the application for a compliance extension, documentation from a non-resettable hour meter or fuel records, indicating that each engine for which an extension is requested was operated less than 200 hours in the preceding calendar year; and
3. Installs a non-resettable hour meter, which records the hours of use of a particular engine and is incapable of being adjusted, on each engine for which the compliance extension is requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.11C - Compliance extensions-zero-emission replacement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may request an extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 and 34.7 for any piece of in-use cargo handling equipment that the owner or operator requests to replace with zero-emission cargo handling equipment.
(b) The Department will grant the request if the owner or operator provides in its application:
1. Documentation from an equipment or engine manufacturer or dealer that a certified zero-emission engine or equipment is available for the make, model, and horsepower of the cargo handling engine or equipment being replaced;
2. Purchase order or other documentation that includes a certification as provided at N.J.A.C. 7:271.39 and shows the owner or operator's intent to purchase the certified zero-emission cargo handling engine or equipment within two years of the applicable compliance deadline; and
3. Documentation, or a workplan, demonstrating that the necessary charging or fueling infrastructure to support operation of the zero-emission equipment will be in place within two years of the applicable compliance deadline.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.12 - Department approval to transfer non-yard trucks between two facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator may request approval to transfer non-yard trucks between two port terminals or intermodal rail yards.
(b) No person may operate any transferred cargo handling equipment that does not meet the performance standards set forth at N.J.A.C. 7:27-34.5, unless the Department notifies the applicant, in writing, that the transfer plan is approved.
(c) If the Department approves a transfer plan, the owner or operator shall operate the subject cargo handling equipment in accordance with the approval.
(d) The owner or operator shall submit its application to the Department at least 30 days prior to the proposed transfer date on a form available from the Department at
www.stopthesoot.org
. The application shall include:
1. Owner or operator name, address, and contact information;
2. Number of pieces of equipment requested to be transferred:
3. Equipment and engine information, including make, model, serial number, horsepower, and other information that uniquely identifies the equipment or engine subject to the transfer request;
4. Hours of operation of each piece of equipment subject to the transfer request; and
5. Proximity of the new location to residences.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.13 - Equipment at a low-throughput port

Current through Register Vol. 56, No. 14, July 15, 2024
If a port that has been exempt from this subchapter in accordance with N.J.A.C. 7:27-34.2(a)7  because it is classified as a low-throughput port subsequently exceeds the two-year average annual cargo throughput limit, or the port becomes part of an urban area, each owner or operator at that port subject to this subchapter shall submit a plan for compliance to the Department within six months after the exceedance. The compliance plan shall demonstrate how the owner or operator will achieve compliance with this subchapter within two years after the exceedance, and shall include the information at N.J.A.C. 7:27-34.14(c) and (d), on the form available at
www.stopthesoot.org
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.14 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any owner or operator subject to this subchapter shall submit an annual report through the web portal at
www.stopthesoot.org
. All submissions to the web portal shall include a certification(s), as provided at N.J.A.C. 7:27-1.39.
(b) An owner or operator shall submit the initial report to the Department on or before August 1, 2024.
(c) An owner or operator shall include the following information in its initial report of the cargo handling equipment reflecting its fleet as of January 1, 2024:
1. Owner or operator name;
2. Contact name, phone number, mailing address, and email address;
3. Address, including name of port or intermodal rail yard, where the equipment is operated;
4. The total population of cargo handling equipment by engine model year;
5. For each piece of cargo handling equipment:
i. Equipment make, model, and model year;
ii. Engine make, model, and model year;
iii. Year of manufacture of equipment and engine (if unable to determine, approximate age);
iv. Engine family;
v. Engine serial number;
vi. If the equipment is registered as a motor vehicle, the vehicle registration number or license plate;
vii. Rated brake horsepower;
viii. Annual hours of use in 2023;
ix. Fuel type and annual fuel usage in 2023; and
x. If seasonal, actual months operated in 2023.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.15 - Recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Beginning January 1, 2023, an owner or operator subject to this subchapter shall maintain the following records or copies of records at a single location at the port or intermodal rail yard where the equipment is operated or normally resides:
1. Any documents that may be required to verify compliance with this subchapter; and
2. Maintenance records for cargo handling equipment subject to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27A - AIR ADMINISTRATIVE PROCEDURES AND PENALTIES › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:27A-3.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall govern the Department's assessment of civil administrative penalties for violations of the Air Pollution Control Act, 26:2C-1 et seq., including violation of any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant to the Act. This subchapter shall also govern the procedures for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment or an administrative order.
(b) The Department may assess a civil administrative penalty of not more than $ 10,000 for the first offense, not more than $ 25,000 for the second offense, and not more than $ 50,000 for the third and each subsequent offense for each violation of each provision of the Act, or of any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant to the Act.
(c) Each day during which a violation continues shall constitute an additional, separate, and distinct offense.
(d) Neither the assessment of a civil administrative penalty nor the payment of any such civil administrative penalty shall be deemed to affect the availability of any other enforcement provision provided for by the Act, or any other statute, in connection with the violation for which the assessment is levied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27A - AIR ADMINISTRATIVE PROCEDURES AND PENALTIES › Subchapter 3 - CIVIL ADMINISTRATIVE PENALTIES AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:27A-3.3 - Procedures for assessment and payment of civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to assess a civil administrative penalty under the Act, for violation of the Act or any rule promulgated, or administrative order, operating certificate, registration requirement or permit issued pursuant to the Act, the Department shall, by means of an administrative order and notice of civil administrative penalty assessment, notify the violator by certified mail (return receipt requested) or by personal service. The Department may, in its discretion, assess a civil administrative penalty for more than one offense in a single administrative order and notice of civil administrative penalty assessment or in multiple administrative orders and notices of civil administrative penalty assessment. This Administrative Order and Notice of Civil Administrative Penalty Assessment shall:
1. Identify the section of the Act, rule, administrative order, operating certificate, registration requirement or permit violated;
2. Concisely state the facts which constitute the violation;
3. Order such violation to cease;
4. Specify the amount of the civil administrative penalty to be imposed; and
5. Advise the violator of the right to request an adjudicatory hearing pursuant to the procedures in 7:27A-3.4.