reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.7 - Chemically formulated consumer products: testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the written request of the Department, any manufacturer of a chemically formulated consumer product subject to the requirements of this subchapter shall test any of its products that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for sale in New Jersey to determine the VOC content of the product (or in the case of charcoal lighter material, its emissions per start) or the amount of a chlorinated toxic air contaminant the product contains. Such testing shall be performed utilizing the test methods in (b) through (g) below, as applicable.
(b) Testing to determine compliance with the VOC content limits at 7:27-24.4(a)  or the prohibition of chlorinated toxic air contaminants at 7:27-24.4(n)  shall be performed using:
1. CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, as supplemented or amended, which is incorporated by reference herein. For purposes of determining compliance with 7:27-24.4 (
l
) through (
o
), Sections 3.5 and 3.7 of CARB Method 310 shall be used and the term "VOC" in those sections shall be interpreted as meaning "chlorinated toxic air contaminant"; or
2. An alternative method that is shown to accurately determine the concentration of VOCs or chlorinated toxic air contaminants in a product. Such methods must first be approved in writing by the Department and EPA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.8 - Portable fuel containers and spill-proof spouts: certification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at 7:27-24.2(e) and (c) and (d) below, no person shall sell, offer for sale, hold for sale, advertise for sale, distribute for sale, supply for sale, or manufacture for sale in New Jersey on or after January 28, 2009, any portable fuel container, spout, or any portable fuel container and spout that has not been exempted from CARB or the EPA's certification requirements at 13 CCR 2467.3, 2467.4 and 2467.6 and 40 CFR 59.660 through 59.663, respectively, or has not been certified for use and sale by the manufacturer as follows:
1. For CARB certification, the product must be covered by a CARB Executive Order issued pursuant to 13 CCR 2467 through 2467.9; or
2. For EPA certification, the product must be covered by an EPA certificate of conformity issued pursuant to its portable fuel container certification program at 40 CFR 59.600 through 699.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.9 - Portable fuel containers and spill proof spouts: labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On and after January 1, 2005, a manufacturer of a spout, a portable fuel container, or a portable fuel container and spout that is subject to this subchapter pursuant to 7:27-24.2(b)  shall clearly label the product as follows:
1. The following shall be displayed on a portable fuel container or on a portable fuel container and spout:
i. The phrase "Spill-Proof System" to mean that the product meets the applicable requirements at 7:27-24.8;
ii. A date or date-code indicating the product's date of manufacture; and
iii. A representative code identifying the Executive Order Number issued by CARB or the number issued by the EPA for the portable fuel container or portable fuel container and spout;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.10 - Portable fuel containers and spill proof spouts: recordkeeping and reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the manufacturer of a spout, a portable fuel container, or a portable fuel container and spout uses a date-code on a product or its packaging, the manufacturer shall electronically register or re-register the product with the Department by following the procedure at 7:27-24.5(a)1  and 2, (b) and (c), and by following (b) through (e) below.
(b) The registration or re-registration shall include the following information:
1. The name of the manufacturer;
2. The full mailing address of the manufacturer;
3. The name and telephone number of a contact person;
4. Whether the product is a spout, portable fuel container, or portable fuel container and spout;
5. If the manufacturer is, for any product, complying with the requirements of this subchapter through one of the exemptions listed at 7:27-24.8(d), the following:
i. The name of the product;
ii. Whether the product is a spout, a portable fuel container, or a portable fuel container and spout; and
iii. The type of exemption;
6. An explanation of the date-code; and
7. An explanation of the representative code.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 24 - PREVENTION OF AIR POLLUTION FROM CONSUMER PRODUCTS › Section 7:27-24.12 - Penalties and other requirements imposed for failure to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the person to civil penalties in accordance with N.J.A.C. 7:27A-3 and to applicable criminal penalties, including, but not limited to, those set forth at 26:2C-19(f).
(b) If a chemically formulated consumer product subject to this subchapter does not comply with the applicable VOC or chlorinated toxic air contaminant content requirements at 7:27-24.4, the Department may issue an order including, but not limited to, any or all of the following:
1. Requiring the product's manufacturer to:
i. Demonstrate to the satisfaction of the Department that the test results or calculations are in error, and that the product in fact complies with the applicable VOC or chlorinated toxic air contaminant content requirements at 7:27-24.4;
ii. Demonstrate to the satisfaction of the Department that the test results or calculations for that specific unit are not representative of the entire batch, or entire product line of that unit; and/or
iii. Within 30 days of the manufacturer's submission of the test report to the Department, recall its non-complying product from all retail outlets in New Jersey;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.2 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter prescribes the rules of the Department for the control and prohibition of air pollution by vehicular fuels. This subchapter governs the standards for fuels used as motor vehicle fuels and provided for use as motor vehicle fuels in the State and the methods to be followed by refiners, importers, blenders, distributors, wholesaler purchaser-consumers and retailers to assure these standards are met.
(b) Any refiner, importer, blender, distributor, wholesale purchaser-consumer or retailer of gasoline for use as motor vehicle fuel in the State is subject to the provisions of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided for use in (b) and (h) below, no refiner, importer, blender, distributor, wholesale purchaser-consumer, or retailer shall provide, store, offer for sale, sell, transport, import, or exchange in trade for use in New Jersey during the RVP control period each year, starting in 1989, gasoline having a RVP greater than 9.0 pounds per square inch.
(b) The following compliance schedule shall be in effect in 1989 only; after 1989, the compliance schedule set out in (a) above shall be in effect:
1. No refiner or importer shall provide, store, offer for sale, sell, transport, import or exchange in trade for use in New Jersey during the period May 1 through September 15, 1989, gasoline having a Reid vapor pressure greater than 9.0 pounds per square inch.
2. No blender or distributor shall provide, store, offer for sale, sell, transport, import or exchange in trade for use in New Jersey during the period June 1 through September 15 of 1989, gasoline having a Reid vapor pressure greater than 9.0 pounds per square inch.
3. No wholesale purchaser-consumer or retailer shall provide, store, offer for sale, sell, transport, import or exchange in trade for use in New Jersey during the period July 1 through September 15 of 1989, gasoline having a Reid vapor pressure greater than 9.0 pounds per square inch.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.4 - Recordkeeping and compliance determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each refiner, importer, blender or distributor shall:
1. During any applicable control period established pursuant to 7:27-25.3, test all gasoline prior to its release from a refinery, import facility, blending facility or distribution facility for use in a control area within the State to determine its RVP, and for each test prepare a test report which documents the RVP of the gasoline;
2. Certify to the distributor, retailer or wholesale purchaser-consumer to whom gasoline is delivered that the gasoline has been tested in accordance with this section; that, during the RVP control period, the gasoline has an RVP of 9.0 pounds per square inch or less; and that the gasoline is in compliance with all applicable State and Federal regulations, by providing:
i. A copy of the test report prepared pursuant to (a)1 above with the certification contained therein; or
ii. The certification in writing on the invoice, bill of lading, or other transfer document; and
3. Maintain records on all gasoline leaving the refinery, import facility, blending facility, or distribution facility, which document the RVP of the gasoline; shipment quantity; shipment date; and other such information as the Department may prescribe. Documentation may include, but is not limited to, bills of lading, invoice delivery tickets, and loading tickets.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.5 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department and its representatives shall have the right to enter and inspect any site, building or equipment, or any portion thereof, at any time, in order to ascertain compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C, this chapter, any permit, any exemption, or any order or agreement issued or entered into pursuant thereto. Such right shall include, but not be limited to the right to test or sample any materials at the facility, to sketch or photograph any portion of the site, building or equipment, to copy or photograph any document or records necessary to determine such compliance or non-compliance, and to interview any employees or representatives of the owner, operator or registrant. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested and compliance with appropriate standard safety procedures.
(b) Owners or operators, and any employees or representatives thereof, shall assist and shall not hinder or delay the Department and its representatives in the performance of all aspects of any inspection. Such assistance shall include making available sampling equipment necessary to conduct sampling at the facility and providing sampling facilities for the Department to determine the nature and quantity of gasoline being provided, stored, transported, exchanged in trade, sold, or offered for sale at that refinery, import facility, blending facility, retail, wholesale purchaser-consumer or distribution outlet. During such testing by the Department, the equipment and all components connected, attached to, or serving the equipment shall be used and operated under normal routine operating conditions or under such other conditions as may be requested by the Department. The facilities may be either permanent or temporary, at the discretion of the person responsible for their provision, and shall conform to all applicable laws and regulations concerning safe construction and safe practice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.6 - Petition for rulemaking in the case of imminent supply shortage

Current through Register Vol. 56, No. 14, July 15, 2024
If at any time a refiner, importer, blender, distributor, wholesale purchaser-consumer or retailer comes to the conclusion that the requirement of supplying 9.0 psi RVP gasoline during the control period May 1 through September 15 will cause an imminent shortage of gasoline such that supply cannot meet demand, such party shall file a petition for rulemaking with the Department pursuant to 52:14B-4(f)  and N.J.A.C. 1:30-3.6, requesting that the Department modify the 9.0 psi RVP standard such that a shortage in gasoline supply will be averted. This petition may request that the Department pursue emergency rulemaking pursuant to N.J.S.A. 54:14B-4.4 and N.J.A.C. 1:30-4.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.7 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may, at its discretion, issue an exemption allowing any person to store, transfer, or use non-conforming gasoline, provided the gasoline is used solely for the purpose of research, product development, and trial use.
(b) Application for an exemption shall be made on forms obtained from the Department. Any person may request application forms from: Department of Environmental Protection
Compliance and Enforcement
Division of Air and Hazardous Materials Enforcement
401 East State Street, 4th Floor
Mail Code 401-04B
PO Box 420
Trenton, New Jersey 08625-0420
(c) The Department may require an applicant for an exemption to submit such details about the intended use of the non-conforming gasoline as it considers necessary to evaluate the potential effect of such use on public health, welfare and the environment. Such information shall include, but is not limited to:
1. Specification of how the non-conforming gasoline is to be used, and the purpose of this use;
2. Explanation of why the purpose could not be accomplished through use of gasoline whose volatility conforms with the 7:27-25.3 standards;
3. For any year, the maximum number of gallons and maximum RVP of non-conforming gasoline:
i. To be used from May 1 through September 15; and
ii. To be stored at the facility during the May 1 through September 15 period;
4. A calculation of the maximum potential additional VOC emissions that could occur during the May 1 through September 15 period in any year due to the storage, transfer, and use of non-conforming gasoline; and
5. A facility diagram specifying the tanks in which non-conforming gasoline will be stored.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.8 - Owner and operator responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
The owner and operator of any facility subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the owner and operator to civil penalties in accordance with N.J.A.C. 7:27A-3 and criminal penalties pursuant to 26:2C-19(f)1  and 2. If there is more than one owner or operator of a facility, all owners and operators are jointly and severally liable for such civil and criminal penalties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 25 - CONTROL AND PROHIBITION OF AIR POLLUTION BY VEHICULAR FUELS › Section 7:27-25.9 - Service fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who applies for an exemption pursuant to 7:27-25.7 shall submit with the application, as an integral part thereof, a non-refundable service fee of $ 500.00.
(b) Any person to whom the Department has issued an exemption pursuant to 7:27-25.7 shall remit to the Department within 60 days after receipt of an invoice, an annual compliance inspection fee of $ 500.00 for each year that the exemption remains in effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:27-26.4, this subchapter applies to any person who:
1. Sells, supplies for sale, offers for sale or manufactures for sale in New Jersey any adhesive, sealant, adhesive primer or sealant primer for use in New Jersey; or
2. For compensation, uses or applies any adhesive, sealant, adhesive primer or sealant primer within New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.3 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:27-26.4(e), (g), (i) and (
l
), on and after January 1, 2009, no person shall manufacture for sale in New Jersey any adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limits specified in Table 1 below.
(b) Except as provided in (i) below and 7:27-26.4(a), (b), (e), (g), (i) and (
l
), on and after January 1, 2009, no person shall sell, supply for sale or offer for sale in New Jersey any adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limits specified in Table 1 below.
(c) Except as provided in (f) and (i) below and 7:27-26.4(a) through (d), (h) and (
l
), on and after January 1, 2009, no person shall, for compensation, use or apply within New Jersey any adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limits specified in Table 1 below.
(d) The VOC content limits in Table 1 for adhesives applied to particular substrates apply as follows:
1. If an operator uses an adhesive or sealant subject to a specific VOC content limit for such adhesive or sealant in Table 1, such specific limit is applicable, rather than an adhesive-to-substrate limit; and
2. If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content is the limit for such use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.4 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of this subchapter do not apply to the following compounds:
1. Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any laboratory testing (including testing by research and development, quality assurance or analytical laboratories), provided records are maintained sufficient to demonstrate compliance with this exemption and in accordance with 7:27-26.5;
2. Adhesives, sealants, adhesive primers and sealant primers that are subject to the provisions of N.J.A.C. 7:27-24;
3. Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;
4. Cyanoacrylate adhesives;
5. Adhesives other than plastic cement welding adhesives and contact adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of one pound or less; and
6. Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one gallon or less.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.5 - Administrative requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person subject to this subchapter pursuant to 7:27-26.2(a)  to whom the Department has issued an air permit under N.J.A.C. 7:27-8 for any operation that involves the use or application of an adhesive, sealant, adhesive primer or sealant primer shall maintain records demonstrating compliance, including, but not limited to, the following information:
1. A list of each adhesive, sealant, adhesive primer, sealant primer cleanup solvent and surface preparation solvent in use and in storage;
2. A data sheet or material list which provides the material name, manufacturer identification, and material application;
3. Catalysts, reducers or other components used and the mix ratio;
4. The VOC content of each product as supplied;
5. The final VOC content or vapor pressure, as applied; and
6. The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup or surface preparation solvent used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.6 - Compliance procedures and test methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (c), (d) and (e) below, the VOC and solids content of all non-aerosol adhesives, adhesive primers and cleanup solvents shall be determined using either:
1. EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, as identified in 40 CFR 60, Appendix A, as supplemented or amended, and incorporated herein by reference;
2. SCAQMD Method 304-91, Determination of Volatile Organic Compounds (VOC) In Various Materials, as supplemented or amended, and incorporated herein by reference, available in "Laboratory Methods of Analysis for Enforcement Samples" which can be viewed or downloaded from the South Coast Air Quality Management District (SCAQMD) website at
http://www.aqmd.gov/tao/methods/labmethtoc.html
by clicking on the appropriate heading or method listed; or
3. For reactive adhesives, National Emission Standards for Hazardous Air Pollutants, Surface Coating of Plastic Parts and Products, Determination of Weight Volatile Matter Content and Weight Solids Content of Reactive Adhesives, at 40 CFR Part 63 Subpart PPPP, Appendix A, incorporated herein by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.7 - Container labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On and after January 1, 2009, each manufacturer of an adhesive, sealant, adhesive primer or sealant primer subject to this subchapter shall display the following information on the product container or label:
1. A statement of the manufacturer's recommendation regarding thinning, reducing, or mixing of the product, except that:
i. This requirement does not apply to the thinning of a product with water; and
ii. If thinning of the product prior to use is not necessary, the recommendation must specify that the product is to be applied without thinning;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 26 - PREVENTION OF AIR POLLUTION FROM ADHESIVES, SEALANTS, ADHESIVE PRIMERS AND SEALANT PRIMERS › Section 7:27-26.8 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manufacturer of an adhesive, sealant, adhesive primer or sealant primer who uses a date-code other than the YY DDD format as described at 7:27-26.7(b)  to comply with 7:27-26.7(b)  shall register that product and an explanation of the date-code with the Department as follows:
1. The registration shall include the following information:
i. The name of the manufacturer;
ii. The full mailing address of the manufacturer;
iii. The name and telephone number of a contact person;
iv. The product category and subcategory (as listed in Table 1 at 7:27-26.3) to which the manufacturer's product belongs (for example: sealants:marine deck); and
v. An explanation of the date-code system;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.2 - Purpose and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the requirements and procedures concerning the control and prohibition of air pollution by mercury. This subchapter applies to the following:
1. Any municipal solid waste incinerator, including any municipal solid waste incinerator located at an apartment building or commercial facility, regardless of size;
2.Any hospital/medical/infectious waste incinerator, except co-fired combustors;
3. Any iron or steel melter; and
4. Any coal-fired boiler.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator of any equipment or source operation subject to this subchapter is responsible for ensuring compliance with all applicable requirements of this subchapter.
(b) If there is more than one owner or operator of the equipment or source operation, each owner and each operator is jointly and severally liable for any penalties for violation of this subchapter.
(c) Any person who fails to comply with any applicable provision of this subchapter shall be subject to civil penalties in accordance with N.J.A.C. 7:27A-3 and to applicable criminal penalties and sanctions including, but not limited to, those set forth at N.J.S.A. 2C-28.3 and 26:2C-19(f)  1 and 2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.4 - Municipal solid waste (MSW) incinerators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator of an MSW incinerator of any size shall operate the MSW incinerator in accordance with provisions specified in either (a)1 or 2 below. Compliance with this standard shall be measured pursuant to (b) below.
1. The emissions of mercury from any MSW incinerator shall not exceed 28.0 [mu] g/dscm, corrected to seven percent oxygen, based on the annual average of all valid stack emission tests performed for four consecutive quarters; or
2. The reduction efficiency for control of mercury emissions of the air pollution control apparatus of any MSW incinerator shall be at least:
i. 80 percent until January 3, 2006 determined quarterly based on all valid stack emission testing performed during each quarter;
ii. 85 percent on and after January 3, 2006 based on the annual average of all valid tests performed for each four consecutive quarters; and
iii. 95 percent on and after January 3, 2012 based on the annual average of all valid tests performed for each four consecutive quarters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.5 - Hospital/medical/infectious waste (HMIW) incinerators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator of an HMIW incinerator of any size shall operate the incinerator in accordance with (b) below. The owners or operators of co-fired combustors are not subject to the requirements of this section. Any co-fired combustors which are co-fired with municipal solid waste are subject to the mercury emission standards of 7:27-27.4 for MSW incinerators.
(b) On and after January 3, 2006, the emissions of mercury from any HMIW incinerator shall not exceed 55.0 [mu] g/dscm corrected to seven percent oxygen.
(c) For any HMIW incinerator existing as of January 3, 2005, compliance with (b) above shall be determined by valid stack emission testing within one year after January 3, 2005 and every five years thereafter.
(d) For any HMIW incinerator constructed, reconstructed, or modified after January 3, 2005, compliance with (b) above shall be determined by valid stack emission testing within 180 calendar days after the start-up of the constructed, reconstructed, or modified incinerator and every five years thereafter.
(e) All stack emission tests shall consist of a minimum of three valid test runs. Compliance with (b) above shall be based on the average of all test runs conducted during stack emission testing. The stack emission testing shall be conducted in accordance with a test protocol approved pursuant to 7:27-27.8(a) and (b), except the protocol submittal deadline shall be 90 calendar days prior to the performance of stack emission testing for any HMIW incinerator.
(f) The owner or operator of an HMIW incinerator shall submit to the Department a written plan prior to January 3, 2006, certified pursuant to 7:27-1.39, for the purchasing of mercury-free supplies that will be used at the facility and preventing mercury containing waste from being incinerated to the maximum extent feasible. The owner or operator of a HMIW incinerator shall submit to the Department the plan at the following address:
Chief, Bureau of Pre-Construction Permits
Air Quality Permitting Element
Division of Air Quality
Department of Environmental Protection
PO Box 027
Trenton, New Jersey 08625-0027
(g) For supplies for which mercury-free substitutes are not reasonably available, such as fluorescent bulbs, the owner or operator shall send waste from such supplies to an appropriate facility for disposal to prevent the incineration of any such waste in an HMIW incinerator.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.6 - Iron or steel melters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On and after January 3, 2010, each owner or operator of an iron or steel melter of any size shall operate the iron or steel melter in accordance with the provisions specified in either (a)1 or 2 below. Compliance with this standard shall be measured pursuant to (b) below.
1. The emissions of mercury from any iron or steel melter shall not exceed 35.0 mg/ton (milligram of mercury emissions per ton of iron or steel production), based on the annual weighted average of all valid stack emission tests performed for four consecutive quarters weighted for the production each quarter; or
2. The reduction efficiency for control of mercury emissions of the air pollution control apparatus of any iron or steel melter shall be at least 75 percent, based on the annual weighted average of all valid stack emission tests performed for four consecutive quarters weighted for the production each quarter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.7 - Coal-fired boilers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On and after December 15, 2007, each owner or operator of a coal-fired boiler of any size shall operate the coal-fired boiler in accordance with the provisions specified in either (a)1 or 2 below, except as specified in (d), (e), or (k) below. Compliance with this standard shall be measured pursuant to (b) below.
1. The emissions of mercury from any coal-fired boiler shall not exceed 3.00 mg/MW-hr, based on an annual weighted average of all valid stack emission tests performed for four consecutive quarters weighted by megawatt hours produced each quarter; or
2. The reduction efficiency for control of mercury emissions of the air pollution control apparatus for control of mercury of any coal-fired boiler shall be at least 90 percent, based on the annual weighted average of all valid stack emission tests performed for four consecutive quarters weighted by megawatt hours produced each quarter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.8 - Stack emission testing, permit applications and continuous emission monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Stack emission testing performed pursuant to this subchapter shall be conducted in accordance with a test protocol approved by the Department. To obtain the approval of the Department of a test protocol, the owner or operator of any source subject to this subchapter shall submit to the Department a proposed test protocol setting forth all test methods, including, but not limited to, sampling and analytical procedures; a description of sampling equipment and the source sampling locations; and provide sample calculations that will be used to determine the concentration of mercury in the gas stream, mercury in milligrams per ton of iron or steel production, and mercury in mg/MW-hr, as appropriate. The owner or operator of a source subject to this subchapter shall submit for review and approval a proposed test protocol each year, no fewer than 90 calendar days prior to conducting its first quarter stack emission testing, to the following address: Department of Environmental Protection
Division of Air Quality
Air Quality Permitting Program
Bureau of Technical Services
Emission Measurement Section
Mail Code 380-01A
PO Box 420
Trenton, New Jersey 08625-0420
(b) The Department shall not approve any proposed stack emission test protocol submitted pursuant to (a) above unless the stack emission test method proposed to measure mercury is:
1. The USEPA Reference Method 29 incorporated herein by reference, including all supplements and amendments thereto. This method can be downloaded from the USEPA website:
http://www.epa.gov/ttn/emc/methods/method29.html
;
2. An equivalent method demonstrated to the satisfaction of the Department to be as conservative and reliable as the USEPA Reference Method 29 for measuring mercury; or
3. A continuous emission monitoring (CEM) approval pursuant to (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.10 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with any provision of this subchapter shall subject the owner or operator to civil administrative penalties in accordance with N.J.A.C. 7:27A-3 and applicable civil and criminal penalties including, but not limited to, those set forth at N.J.S.A. 2C-28.3 and 26:2C-19.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 27 - CONTROL AND PROHIBITION OF MERCURY EMISSIONS › Section 7:27-27.11 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any portion of this subchapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this subchapter and the application thereof to other persons or circumstances shall not be affected thereby, and shall remain in full force and effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.2 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes emission standards in New Jersey that are the same as the California emission standards for vehicles and engines of the same model years and gross vehicle weight rating for:
1. All model year 2027 or later new motor vehicles rated in excess of 8,500 pounds GVWR; and
2. All model year 2027 or later new motor vehicle engines intended for use in motor vehicles rated in excess of 8,500 pounds GVWR.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as specifically provided herein, on or after January 1, 2027, this subchapter applies to:
1. All model year 2027 or later new motor vehicles rated in excess of 8,500 pounds GVWR; and
2. All model year 2027 or later new motor vehicle engines intended for use in motor vehicles rated in excess of 8,500 pounds GVWR.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.4 - Requirements for engine and vehicle transactions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person who is a resident of this State, or who operates an established place of business within this State, shall sell, lease, import, deliver, purchase, acquire, register, receive, or otherwise transfer in this State, or offer for sale, lease, or rental in this State a model year 2027 or later, new motor vehicle rated in excess of 8,500 pounds GVWR or a model year 2027 or later, new motor vehicle engine intended for use in a motor vehicle rated in excess of 8,500 pounds GVWR, unless the California Air Resources Board has issued an executive order certifying the vehicle or engine and it meets all of the requirements of the California Code of Regulations identified at N.J.A.C. 7:27-28A.11 that apply to the model year and gross vehicle weight rating of the vehicle or engine in question.
(b) For the purposes of this subchapter, it is conclusively presumed that the equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more has been transferred to an ultimate purchaser, and that the equitable or legal title to any motor vehicle with an odometer reading of less than 7,500 miles has not been transferred to an ultimate purchaser.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.5 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the provisions at N.J.A.C. 7:27-28A.3, the requirements set forth at N.J.A.C. 7:27-28A.4, 28A.7, 28A.8, and 28A.11 do not apply to:
1. A medium-duty passenger vehicle;
2. A zero emission vehicle rated in excess of 8,500 pounds GVWR;
3. A vehicle held for daily lease or rental to the general public or engaged in interstate commerce, that is registered and principally operated outside of New Jersey;
4. A vehicle transferred by inheritance;
5. A vehicle transferred by court decree;
6. A vehicle having a certificate of conformity issued pursuant to the Clean Air Act that was originally registered in another state by a resident of that state, who subsequently establishes residence in this State;
7. A vehicle sold or transferred directly from one dealer to another dealer;
8. A vehicle sold for the purpose of being wrecked or dismantled;
9. A vehicle sold exclusively for off-highway use ;
10. An emergency vehicle, pursuant to California's Vehicle Code Sec. 27156.2 and 27156.3, as incorporated by reference at N.J.A.C. 7:27-28A.11; and
11. A military tactical vehicle, pursuant to 13 CCR 1905, as incorporated by reference at N.J.A.C. 7:27-28A.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.6 - Prohibition against stockpiling

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall purchase any new motor vehicle rated in excess of 8,500 pounds GVWR or any new motor vehicle engine intended for use in a motor vehicle rated in excess of 8,500 pounds GVWR, greater than normal business needs for the purpose of evading the requirements of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.7 - Manufacturer compliance with California warranty

Current through Register Vol. 56, No. 14, July 15, 2024
Each manufacturer of a vehicle subject to N.J.A.C. 7:27-28A.3 shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle will comply during its period of warranty coverage with all applicable requirements set forth in the sections of the California Code of Regulations, as identified at N.J.A.C. 7:27-28A.11.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.8 - Manufacturer compliance with California orders and voluntary recalls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any order or enforcement action taken by the CARB to correct noncompliance with any section of Title 13 of the California Code of Regulations, which action results in the recall of any vehicle pursuant to any provision of the California Code of Regulations identified at N.J.A.C. 7:27-28A.11, shall be applicable in New Jersey, except where the manufacturer demonstrates to the Department's satisfaction within 30 days of issuance of the CARB action that the action is not applicable to vehicles subject to N.J.A.C. 7:27-28A.3.
(b) Any emission-related recall campaign, voluntary or otherwise, initiated by any manufacturer that results in the recall of any vehicle pursuant to any provision of the California Code of Regulations identified at N.J.A.C. 7:27-28A.11 shall be applicable in New Jersey, except where the manufacturer demonstrates to the Department's satisfaction within 30 days of the CARB approval of the campaign that the campaign is not applicable to vehicles subject to N.J.A.C. 7:27-28A.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.9 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who operates a place of business that sells, leases, or rents new MY 2027 or later motor vehicles rated in excess of 8,500 pounds GVWR or new model year 2027 or later motor vehicle engines intended for use in motor vehicles rated in excess of 8,500 pounds GVWR in this State shall maintain records of all the business's sales, leases, rentals, imports, purchases, acquisitions, receipt of, or other transfers of new MY 2027 or later motor vehicles rated in excess of 8,500 pounds GVWR or new model year 2027 or later motor vehicle engines intended for use in motor vehicles rated in excess of 8,500 pounds GVWR for a period of no less than five years after the date of the transaction.
(b) Upon the request of the Department, the owner or operator of the place of business shall make the records specified at (a) above available for inspection at the place of business by any representative of the Department during normal business hours.
(c) Upon receipt of a written request from the Department, the owner or operator of the place of business shall timely submit a copy of the records specified at (a) above to the Department by mail or by other means as agreed to by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 28A - MODEL YEAR 2027 OR LATER HEAVY-DUTY NEW ENGINE AND VEHICLE STANDARDS AND REQUIREMENTS › Section 7:27-28A.10 - Right to enter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, or its representative, shall have the right to enter and inspect any site, building, equipment, or vehicle, or any portion thereof, at any time, in order to ascertain compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., this subchapter, any exemption, or any order, consent order, agreement, or remedial action plan issued, approved, or entered into pursuant thereto. Such right shall include, but not be limited to, the right to test or sample any material, motor vehicle, or motor vehicle engine, or any emissions therefrom, at the facility; to sketch or photograph any portion of the site, building, vehicles, or motor vehicle engines; to copy or photograph any document or record necessary to determine such compliance or non-compliance; and to interview any employees or representatives of the owner, operator, or registrant. Such right shall be absolute and shall not be conditioned upon any action by the Department, except the presentation or appropriate credentials, as requested, and in compliance with appropriate standard safety procedures.
(b) 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 at N.J.S.A. 26:2C-19 and N.J.A.C. 7:27A-3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes in the State a LEV program, which incorporates the requirements of the California LEV program.
(b) The LEV program shall apply to all model year 2009 through model year 2025 motor vehicles that are passenger cars and light-duty trucks subject to the California LEV program and delivered for sale in New Jersey on or after January 1, 2009.
(c) This subchapter establishes the ZEV Credit Bank, through which manufacturers of passenger cars and light-duty trucks may earn, bank, and acquire from other manufacturers credits for certain qualifying vehicles. Vehicle manufacturers may use the credits to offset the ZEV sales requirements of the LEV program.