reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.11 - Procedures for the determination of volatile organic compounds emitted from transfer operations using a flame ionization detector (FID) or non-dispersive infrared analyzer (NDIR)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure in this section is applicable for the determination of the mass emission of VOC rates from the transfer or loading of gasoline. Any alternative test method shall be submitted to the Department for review pursuant to N.J.A.C. 7:27B-3.2(c), (d) and (e).
(b) This method is based upon one of the following two principles:
1. Flame Ionization, which involves ionization produced when the VOC in the sample is combusted in a hydrogen flame. The ions and electrons formed in the flame enter an electrode gap, decrease the gap resistance, and thus permit a current flow in an external circuit. The resulting current is proportional to the instantaneous concentration of the VOC; or
2. Non-Dispersive Infra-Red, which involves absorption of infrared energy when a band of infrared energy containing the proper frequencies is alternately passed through an absorption cell containing the organic vapor and a reference cell. The difference in absorption between the reference cell and the absorption cell containing the organic vapor is proportional to the instantaneous concentration of the organic vapor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.12 - Procedures for the determination of volatile organic compounds in cutback and emulsified asphalts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The method in this section is applicable for the determination of VOC in cutback or emulsified asphalts. For the same circumstances as described above, any alternative test method shall be submitted to the Department for review pursuant to 7:27B-3.2(c), (d) and (e).
(b) This method is based upon the separation by distillation of the more volatile organic constituents from cutback and emulsified asphalts. A representative sample of the cutback or emulsified asphalt is subjected to distillation at a controlled rate to a temperature of 347 [degree]F (175 [degree]C) and the weight and volume of the resulting distillate excluding water is determined.
(c) The procedure for this section shall be as follows:
1. Obtain a representative sample of the cutback or emulsified asphalt.
2. Analyze the sample as follows:
i. Distill at 347 [degree]F (175 [degree]C) a measured weight to the nearest 0.1 gm using the distillation apparatus described in ASTM Designation D 402-76 "Distillation of Cut-Back Asphaltic (Bituminous) Products" (7:27B-3.18, Reference 10);
ii. Determine the specific gravity of the Cut-Back or Emulsified Asphalt by ASTM Designation D-70-76 "Specific Gravity of Semi-Solid Bituminous Materials" (7:27B-3.18, Reference 11); and
iii. Collect and measure to the nearest .5 ml the volume of the distillate excluding any water present.
3. The calculations shall be performed as follows:
i. Calculate the sample volume from the sample weight and its density using the following formula:
volume of sample (cc)=
sample grams
.............
density gms/cc
ii. Calculate and report the VOC distillate as a volume percent of the total sample using the following formula:
Volume %=
Volume VOC distillate x 100
..............................
Volume Sample
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.13 - Procedures for the determination of leak tightness of gasoline delivery vessels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The method in this section is applicable for the determination of the leak tightness of gasoline delivery vessels. For the same circumstances as described above, any alternative test method shall be submitted to the Department for review pursuant to 7:27B-3.2(c), (d) and (e).
(b) This method is based upon the application of a pressure/vacuum to the compartment(s) of a gasoline delivery vessel and the measurement of the change in pressure/vacuum over a period of time.
(c) The following is a list of equipment used in this method:
1. Pressure source: pump or compressed gas cylinder of air or inert gas sufficient to pressurize the delivery vessel to 25 inches of water (47 millimeters of mercury);
2. Regulator: low pressure regulator for controlling the pressurization of the delivery vessel;
3. Vacuum source: vacuum pump capable of evacuating the delivery vessel to 10 inches of water (19 millimeters of mercury)
4. Manometer: liquid manometer, or equivalent, capable of measuring up to 25 inches of water (47 millimeters of mercury) with +/- 0.1 inch water (02 millimeters of mercury) precision;
5. Test cap for vapor recovery hose fittings: a cap shall be equipped with a tap for the manometer connection and shall be equipped with a shut-off valve for connection to the pressure/vacuum source; and
6. Pressure/vacuum relief valves: the test apparatus shall be equipped with an in-line pressure/vacuum relief valve set to activate at 28 inches of water (53 millimeters of mercury) above atmospheric pressure and 12 inches of water (23 millimeters of mercury) below atmospheric pressure. The valves shall have a flow capacity greater than or equal to the pressurizing or evacuating pump rates.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.14 - Procedures for the direct detection of fugitive volatile organic compound leaks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The method in this section is applicable for the detection of fugitive VOC leaks. Any alternative test method shall be submitted to the Department for review pursuant to 7:27B-3.2(c), (d) and (e).
(b) This method is based upon the detection of VOC leaks from individual sources by a portable instrument. The instrument detector type is not specified but shall meet the performance criteria of (d)4 below. This procedure is intended to locate and classify leaks only and shall not be used to measure mass emission rates from individual sources.
(c) The following is a summary of this method:
1. The detector is calibrated with a standard gas mixture to establish the response of the instrument. A representative sample of fugitive emissions is drawn into the instrument. The response is read directly from the instrument meter.
2. For purposes of this procedure a single test shall be sufficient to establish the presence of a leak.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.15 - Procedures for the direct detection of fugitive volatile organic compound leaks from gasoline tank trucks and vapor collection systems using a combustible gas detector

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The method in this section is applicable for the detection of fugitive VOC leaks from gasoline tank trucks and vapor collection systems. For the same circumstances as described above, any alternative test method shall be submitted to the Department for review pursuant to 7:27B-3.2(c), (d) and (e).
(b) This method is based upon the detection of VOC leaks from individual sources by a portable instrument. The instrument detector type is not specified but must meet the performance criteria of 7:27B-3.14(d)  4. This procedure is intended to locate and classify leaks only and shall not be used as a measure of mass emission rates from individual sources.
(c) The following is a summary of this method:
1. The detector is calibrated with a standard gas mixture to establish the response of the instrument. A representative sample of the fugitive emissions is drawn into the instrument. The response is read directly from the instrument meter.
2. For purposes of this procedure a single test shall be sufficient to establish the presence of a leak.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.16 - Procedures for determining the efficiency of gasoline vapor recovery systems at service stations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The method for this section is applicable for the determination of the efficiency of vapor recovery systems controlling gasoline vapors emitted during the filling of underground storage tanks. For the same circumstances as described above, any alternative method shall be submitted to the Department for review pursuant to 7:27B-3.2(c), (d) and (e).
(b) This method is based upon the amount of gasoline vapor discharged from the atmospheric vent(s) of underground storage tank(s) being filled. The procedure is intended for all control systems which have a vapor recovery line connecting the underground storage tank to the tank truck.
(c) The following is a summary of this method:
1. A positive displacement meter is mounted on each atmospheric vent pipe to determine the amount of vapor displaced during the filling of underground storage tanks. The efficiency of the vapor recovery system is determined by comparing the amount of vapor emitted from the atmospheric vents with the total amount of gasoline transferred to the underground storage tanks.
2. For the purpose of this procedure, a single test shall be sufficient to establish the efficiency of the vapor recovery system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 3 - AIR TEST METHOD 3: SAMPLING AND ANALYTICAL PROCEDURES FOR THE DETERMINATION OF VOLATILE ORGANIC COMPOUNDS FROM SOURCE OPERATIONS › Section 7:27B-3.17 - Procedures for the determination of volatile organic compounds emitted from petroleum solvent dry cleaning operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The method in this section is applicable for the determination of the final recovered solvent flow rate at the completion of the recovery cycle, and the VOC content in all filtration waste. For the same circumstances as described above, any alternative method shall be submitted to the Department for review, pursuant to 7:27B-3.2(c), (d), and (e).
(b) This method is based upon:
1. The determination of the volume of the recovered solvent; and
2. The separation and weight determination of the solvent.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 4 - AIR TEST METHOD 4: TESTING PROCEDURES FOR DIESEL-POWERED MOTOR VEHICLES › Section 7:27B-4.4 - Emission control apparatus, retrofit device and closed crankcase ventilation system examination procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure for examination of the emission control apparatus of a diesel-powered motor vehicle, required at 7:27-14.5(d), shall consist of a visual check to determine whether all emission control apparatus and exhaust system components are present on the motor vehicle.
(b) If any emission control apparatus or exhaust system component has been disconnected, detached, deactivated or in any other way rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer, the vehicle shall fail the emission control apparatus compliance examination.
(c) The procedure for the one-time compliance inspection of the retrofit device of a diesel-powered motor vehicle required to be retrofitted pursuant to 7:27-32.7, as required at 7:27-32.21 and 14.5(e), shall be performed as follows:
1. Confirm that the vehicle identification number on the vehicle matches the vehicle identification number on the compliance form;
2. Confirm that the diesel emission control strategy family name on the retrofit label matches the diesel emissions control strategy family name on the compliance form;
3. Confirm that the BART number (BART 1, BART 2 or BART 3) on the compliance form matches the BART number on the retrofit label;
4. Visually confirm the presence of a retrofit device upon the vehicle;
5. If the vehicle satisfies all of the conditions of (c)1 through 4 above, certify on the compliance form that the retrofit requirement has been met; and
6. If the vehicle fails to satisfy any of the conditions at (c)1 through 4 above, certify on the compliance form that the retrofit requirement has not been met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 4 - AIR TEST METHOD 4: TESTING PROCEDURES FOR DIESEL-POWERED MOTOR VEHICLES › Section 7:27B-4.6 - Specifications for diesel emissions testing equipment for determining compliance with N.J.A.C. 7:27-14

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A smokemeter used to measure smoke opacity in the exhaust emissions of a diesel-powered motor vehicle in order to determine the vehicle's compliance with N.J.A.C. 7:27-14 shall conform to all specifications and standards set forth in SAE J1667.
(b) Equipment used for performing the OBD inspection at 7:27B-4.8 shall be approved by the Department as provided at 7:27B-4.2(d)  and shall meet the requirements of 40 CFR 85.2231, incorporated herein by reference and SAE J1939.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 4 - AIR TEST METHOD 4: TESTING PROCEDURES FOR DIESEL-POWERED MOTOR VEHICLES › Section 7:27B-4.7 - Procedures for the visible smoke, indicator light check, and visual fuel leak tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inspector conducting a visible smoke test to determine a diesel vehicle's compliance with the inspection requirements at 7:27-14.5(d)1 and (e)1 shall perform the test as follows:
1. Place the vehicle in neutral gear with all accessories off and the emergency or parking brake secured;
2. Increase the engine speed to an engine speed greater than the idle mode, and observe the exhaust emissions and crankcase emissions for visible continuous smoke;
3. If there is visible smoke in the exhaust emissions or crankcase emissions for a period in excess of three consecutive seconds, the motor vehicle has failed the smoke test; and
4. If there is no visible smoke in the exhaust emissions or crankcase emissions for a period in excess of three consecutive seconds, the motor vehicle has passed the smoke test.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 4 - AIR TEST METHOD 4: TESTING PROCEDURES FOR DIESEL-POWERED MOTOR VEHICLES › Section 7:27B-4.8 - Procedures for the on-board diagnostics inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) he procedure for the OBD inspection, to be used to determine a diesel vehicle's compliance with the OBD inspection requirements at 7:27-14.5 is as follows:
1. Turn off the motor vehicle's engine and connect the analyzer to the motor vehicle computer via the DLC located on the motor vehicle;
2. If the DLC is damaged, missing or obstructed, the motor vehicle has failed the OBD inspection;
3. Determine if the MIL is functional by briefly turning the motor vehicle ignition system to the KOEO position;
4. If the MIL is not functional, the motor vehicle has failed the OBD inspection;
5. Start the motor vehicle and leave the engine running. Determine if the MIL remains illuminated while the engine is running;
6. If the MIL is illuminated with the engine running, the motor vehicle has failed the OBD inspection;
7. The analyzer will attempt to communicate with the motor vehicle's OBD system;
8. If the analyzer cannot successfully communicate with the motor vehicle's OBD system, the motor vehicle has failed the OBD inspection;
9. If the analyzer successfully communicates with the motor vehicle OBD system, it will then retrieve stored information relating to the identification of the motor vehicle and any malfunctions recorded by the OBD system;
10. If the analyzer determines that the OBD system or the motor vehicle is malfunctioning, the motor vehicle has failed the OBD inspection;
11. If the analyzer indicates that the motor vehicle does not meet the EPA's criteria for "readiness," that is, if the vehicle's OBD system does not indicate that the critical number of supported readiness monitors have been set, the motor vehicle is deemed "not ready" for an OBD inspection and has failed the OBD inspection; and
12. If the analyzer indicates that the motor vehicle is deemed "ready" and determines that all components of the OBD system are functioning properly, and the OBD system is not indicating any malfunctions of the motor vehicle, then the motor vehicle has passed the OBD inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.2 - General instructions for all tests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inspector, conducting an emissions test on a gasoline-fueled motor vehicle pursuant to any provision of this subchapter, including, but not limited to, 7:27B-5.3 through 5.8, shall perform the test in accordance with the following general procedures:
1. Test the vehicle in as-received condition without making any repairs immediately prior to testing;
2. Prior to testing, turn off all vehicle accessories, including, but not limited to, air conditioning, heating, defroster, radio and lights; and
3. Prior to testing, ensure that the motor vehicle emission testing equipment is calibrated in accordance with the manufacturer's requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.3 - Procedures for the visible smoke test for gasoline-fueled motor vehicles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inspector conducting a visible smoke test to determine a gasoline-fueled motor vehicle's compliance with the standard set forth at 7:27-15.6(a)  shall perform the test as follows:
1. Place the vehicle in neutral gear with all accessories off and the emergency or parking brake secured;
2. Increase the engine speed to an engine speed greater than the idle mode, and observe the exhaust emissions and crankcase emissions for visible continuous smoke;
3. If there is visible smoke in the exhaust emissions or crankcase emissions for a period in excess of three consecutive seconds, the motor vehicle has failed the smoke test; and
4. If there is no visible smoke in the exhaust emissions or crankcase emissions for a period in excess of three consecutive seconds, the motor vehicle has passed the smoke test.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.4 - Procedure for the visual fuel leak test

Current through Register Vol. 56, No. 14, July 15, 2024
An inspector conducting a visual fuel leak test to determine a motor vehicle's compliance with the visual fuel leak test requirements at 7:27-15.5 shall examine the vehicle's fuel system for the presence of any leaking fuel. If any fuel is visibly leaking from the motor vehicle, the motor vehicle has failed the visual fuel leak test.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.5 - Emission control apparatus examination procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure for examination of the emission control apparatus of a motor vehicle equipped with one or more catalytic converters as original equipment, required at 7:27-15.5, consists of a visual check to determine whether one or more properly installed catalytic converters is present on the motor vehicle.
(b) A motor vehicle originally equipped with one or more catalytic converters shall fail the emission control apparatus compliance examination if:
1. The vehicle is not equipped with the same number of catalytic converters with which it was originally equipped; and
2. Any catalytic converter is not in the same location as originally equipped.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.6 - Procedure for the on-board diagnostics inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure for the OBD inspection, to be used to determine a motor vehicle's compliance with the OBD inspection requirements at 7:27-15.5, is as follows:
1. Turn off the motor vehicle's engine and connect the analyzer to the motor vehicle computer via the DLC located on the motor vehicle;
2. If the DLC is damaged, missing or obstructed, the motor vehicle has failed the OBD inspection;
3. Determine if the MIL is functional by briefly turning the motor vehicle ignition system to the KOEO position;
4. If the MIL is not functional, the motor vehicle has failed the OBD inspection;
5. Start the motor vehicle and leave the engine running. Determine if the MIL remains illuminated while the engine is running;
6. If the MIL is illuminated with the engine running, the motor vehicle has failed the OBD inspection;
7. The analyzer will attempt to communicate with the motor vehicle's OBD system;
8. If the analyzer cannot successfully communicate with the motor vehicle's OBD system, the motor vehicle has failed the OBD inspection;
9. If the analyzer successfully communicates with the motor vehicle OBD system, it will then retrieve stored information relating to the identification of the motor vehicle and any malfunctions recorded by the OBD system;
10. If the analyzer determines that the OBD system or the motor vehicle is malfunctioning, the motor vehicle has failed the OBD inspection;
11. If the analyzer indicates that the motor vehicle does not meet the EPA's criteria for "readiness," that is, if the vehicle's OBD system does not indicate that the critical number of supported readiness monitors have been set, the motor vehicle is deemed "not ready" for an OBD inspection and has failed the OBD inspection;
12. If the analyzer indicates that the motor vehicle is deemed "ready" and determines that all components of the OBD system are functioning properly, and the OBD system is not indicating any malfunctions of the motor vehicle, then the motor vehicle has passed the OBD inspection;
13. A motor vehicle that failed an initial OBD inspection for not having a properly functioning catalyst must, on reinspection, have its catalyst monitor set to ready and must meet all other criteria required to pass the OBD inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.7 - Procedure for the visual fuel cap test

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure to determine a motor vehicle's compliance with the visual fuel cap test requirements at 7:27-15.5 is as follows:
1. Examine the vehicle to determine if all fuel caps with which the vehicle is required to be equipped are physically present and properly attached to cover and seal each fuel tank inlet. If so, the motor vehicle shall be deemed to have passed the visual fuel cap test; and
2. If the vehicle is equipped by the manufacturer with a capless fuel filler system, examine the vehicle to determine if the capless fuel filler is intact, shows no signs of excessive wear, and appears to seal properly. If so, the motor vehicle shall be deemed to have passed the visual fuel cap test.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27B - SAMPLING AND ANALYTICAL PROCEDURES › Subchapter 5 - AIR TEST METHOD 5: TESTING PROCEDURES FOR GASOLINE-FUELED MOTOR VEHICLES › Section 7:27B-5.8 - Specifications for motor vehicle testing equipment for use in the New Jersey Enhanced Inspection and Maintenance Program

Current through Register Vol. 56, No. 14, July 15, 2024
Equipment used for performing the OBD inspection, as set forth at 7:27B-5.6, shall be approved by the Department as provided at 7:27B-5.2(c)  and shall conform with the provisions of 40 CFR 85- 2231, and all subsequent revisions thereto, incorporated herein by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:27C-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter establishes the New Jersey component of the CO[2] Budget Trading Program, which is designed to reduce anthropogenic emissions of CO[2], a greenhouse gas, from CO[2] budget sources in an economically efficient manner.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:27C-1.4 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of each CO[2] Budget source required to have an operating permit pursuant to N.J.A.C. 7:27-22shall:
1. Submit to the Department a complete application for a new, renewed, or modified operating permit under N.J.A.C. 7:27C-3.3in accordance with the deadlines specified in N.J.A.C. 7:27C-3.2; and
2. Submit in a timely manner any supplemental information that the Department determines is necessary to review the operating permit application and issue or deny an operating permit, permit renewal, or permit modification that includes CO[2] Budget Trading Program requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:27C-1.5 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless otherwise stated, any time period scheduled, pursuant to this chapter, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.
(b) Unless otherwise stated, any time period scheduled, pursuant to this chapter, to begin before the occurrence of an act or event shall be computed SO[2] that the period ends the day before the act or event occurs.
(c) Unless otherwise stated, if the final day of any time period, pursuant to this chapter, falls on a weekend or a participating state or Federal holiday, the time period shall be extended to the next business day.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:27C-1.6 - Appeal Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who believes himself or herself to be aggrieved with respect to a decision made by the Department pursuant to this chapter may appeal the decision within 20 calendar days after the date of the decision and request an adjudicatory hearing.
(b) Requests for an adjudicatory hearing shall be submitted to:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420
(c) All requests for an administrative hearing shall be submitted to the Department in writing on a hearing request form available from the Department and shall contain:
1. The name, address, and telephone number of the person making the request and the person's relationship to the applicant;
2. When the request is submitted by someone other than the applicant, evidence that a copy of the hearing request has been mailed to the applicant;
3. A statement of the legal authority and jurisdiction under which the request for a hearing is made;
4. A brief and clear statement of the Department decision being appealed, indicating the specific grounds for the applicant's appeal and the applicant's defenses to each of the Department's findings of fact in the notice or decision;
5. A copy of the Department notice or decision for which a hearing is being requested;
6. A statement of all facts alleged to be at issue and their relevance to the Department decision for which a hearing is requested. Any legal issues associated with the alleged facts at issue shall also be included;
7. An admission or denial of each of the Department's findings of fact in the notice or decision. If the applicant is without knowledge or information sufficient to form a belief as to the truth of a finding, the applicant shall SO[2] state and this shall have the effect of a denial. A denial shall fairly meet the substance of the findings denied. When the applicant intends in good faith to deny only a part or a qualification of a finding, the applicant shall specify SO[2] much of it as is true and material and deny only the remainder. The applicant may not generally deny all of the findings but shall make all denials as specific denials of designated findings. For each finding the applicant denies, the applicant shall allege the fact or facts as the applicant believes it or them to be;
8. All information supporting the request or other written documents relied upon to support the request, unless this information is already in the administrative record (in which case, the request shall specifically reference such information);
9. An estimate of the time for the hearing (in days and/or hours); and
10. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 7:27C-1.7 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter, or the application thereof to any person or circumstance, is adjudicated to be invalid or unenforceable to any extent, the remainder of this chapter, or its application to any person or circumstance other than those that are the subject of the adjudication, shall continue to be unaffected by the adjudication.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE OF A CO[2] BUDGET SOURCE › Section 7:27C-2.2 - Alternate CO[2] authorized account representative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An account certificate of representation shall designate one and only one alternate CO[2] authorized account representative of the CO[2] Budget source to act on behalf of the CO[2] authorized account representative of the CO[2] Budget source.
(b) The agreement by which the alternate CO[2] authorized account representative is selected shall include a procedure for authorizing the alternate CO[2] authorized account representative to act in lieu of the CO[2] authorized account representative.
(c) If the CO[2] Budget source is also subject to the Acid Rain Program, the CSAPR NO[x] Annual Trading Program, the CSAPR NO[x] Ozone Season Trading Program, or the CSAPR SO[2] Group 1 or Group 2 Trading Program, then the alternate CO[2] authorized account representative shall be the same as the designated representative for the aforementioned programs.
(d) Upon receipt by the Department of a complete account certificate of representation under N.J.A.C. 7:27C-2.4, any representation, action, inaction, or submission by the alternate CO[2] authorized account representative will be deemed to be a representation, action, inaction, or submission by the CO[2] authorized account representative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE OF A CO[2] BUDGET SOURCE › Section 7:27C-2.3 - Changing the CO[2] authorized account representative and the alternate CO[2] authorized account representative; changes in the owners and operators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CO[2] authorized account representative or his or her alternate may be changed at any time by submitting a superseding complete account certificate of representation to the Department, pursuant to N.J.A.C. 7:27C-2.4. The change in the CO[2] authorized account representative or his or her alternate is effective upon receipt by the Department of the superseding complete account certificate of representation. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO[2] authorized account representative or his or her alternate prior to the time and date that the Department receives the superseding account certificate of representation shall be binding on the new CO[2] authorized account representative and the new alternate CO[2] authorized account representative and the owners and operators of the CO[2] Budget source and the CO[2] Budget units at the source.
(b) In the event a new owner or operator of a CO[2] Budget source or a CO[2] Budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such new owner or operator is deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the CO[2] authorized account representative and any alternate CO[2] authorized account representative of the CO[2] Budget source or CO[2] Budget unit, and the decisions, orders, actions, and inactions of the Department, as if the new owner or operator were included in such list.
(c) Within 30 days following any change in the owners and operators of a CO[2] Budget source or a CO[2] Budget unit, including the addition of a new owner or operator, the CO[2] authorized account representative of the CO[2] Budget source or alternate CO[2] authorized account representative of the CO[2] Budget source shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE OF A CO[2] BUDGET SOURCE › Section 7:27C-2.4 - Account certificate of representation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A complete account certificate of representation for a CO[2] authorized account representative shall include the following, in a format prescribed by the Department:
1. Identification of the CO[2] Budget source and each CO[2] Budget unit at the source for which the account certificate of representation is submitted;
2. The name, address, email address, and telephone number of the CO[2] authorized account representative and any alternate CO[2] authorized account representative;
3. A list of the owners and operators of the CO[2] Budget source and of each CO[2] Budget unit at the source;
4. The following certification by the CO[2] authorized account representative: "I certify that I was selected as the CO[2] authorized account representative by an agreement binding on the owners and operators of the CO[2] Budget source and each CO[2] Budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO[2] Budget Trading Program on behalf of the owners and operators of the CO[2] Budget source and of each CO[2] Budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Department or a court of competent jurisdiction regarding the source or unit."; and
5. The signature of the CO[2] authorized account representative and any alternate CO[2] authorized account representative, and the dates signed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE OF A CO[2] BUDGET SOURCE › Section 7:27C-2.5 - Objections concerning the CO[2] authorized account representative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Department has received a complete account certificate of representation under N.J.A.C. 7:27C-2.4, the Department will rely on the account certificate of representation, unless and until the Department receives a superseding complete account certificate of representation under N.J.A.C. 7:27C-2.4.
(b) Except as provided in N.J.A.C. 7:27C-2.3(a), NO[x] objection or other communication submitted to the Department concerning the authorization, or any representation, action, inaction, or submission of the CO[2] authorized account representative will affect any representation, action, inaction, or submission of the CO[2] authorized account representative, or the finality of any decision or order by the Department under the CO[2] Budget Trading Program.
(c) The Department will not decide, or otherwise intervene in, any private legal dispute concerning the authorization of, or any representation, action, inaction, or submission by any CO[2] authorized account representative, including private legal disputes concerning the proceeds of CO[2] allowance transfers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE OF A CO[2] BUDGET SOURCE › Section 7:27C-2.6 - Delegation of authority to make electronic submissions and review information in the CO[2] allowance tracking system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CO[2] authorized account representative may delegate to one or more natural persons, his or her authority to make an electronic submission to the Department under this chapter. This natural person is the "electronic submission agent."
(b) To delegate authority to make an electronic submission to the Department, a CO[2] authorized account representative shall submit to the Department a notice of delegation, in a format prescribed by the Department, that includes the following:
1. The name, address, email address, and telephone number of the delegating CO[2] authorized account representative;
2. The name, address, email address, and telephone number of each electronic submission agent;
3. For each such electronic submission agent, a list of the types of electronic submissions under (a) above for which authority is delegated to him or her; and
4. The following certifications by the delegating CO[2] authorized account representative:
i. "I agree that any electronic submission to the Department that is by the natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO[2] authorized account representative and before a notice of delegation supersedes this notice of delegation under N.J.A.C. 7:27C-2.6(c), shall be deemed to be an electronic submission by me."; and
ii. "Until a notice of delegation supersedes this notice of delegation under N.J.A.C. 7:27C-2.6(c), I agree to maintain an e-mail account and to notify the Department immediately of any change in my e-mail address unless and until all delegation authority by me under N.J.A.C. 7:27C-2.6is terminated."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 3 - PERMITS › Section 7:27C-3.1 - General requirements for an operating permit incorporating CO[2] Budget Trading Program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each CO[2] Budget source shall have an operating permit issued by the Department pursuant to N.J.A.C. 7:27-22.
(b) The operating permit for each CO[2] Budget source shall contain all applicable CO[2] Budget Trading Program requirements, as set forth in N.J.A.C. 7:27C-3.3(a)3, 4, 5, and 6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 3 - PERMITS › Section 7:27C-3.2 - Submission of an application for a new, renewed, or modified operating permit incorporating CO[2] Budget Trading Program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
For any CO[2] Budget source, the CO[2] authorized account representative shall submit a complete application under N.J.A.C. 7:27-22.28, and in conformance with the requirements of this chapter, to incorporate the CO[2] Budget trading program requirements covering such CO[2] Budget source.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 3 - PERMITS › Section 7:27C-3.3 - Contents of an application for an operating permit incorporating CO[2] Budget Trading Program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A complete application for a new, renewed, or modified operating permit for a CO[2] Budget source shall include the following concerning the CO[2] Budget source for which the application is submitted, in a format prescribed by the Department:
1. Identification of the CO[2] Budget source, including plant name and the ORIS or facility code assigned to the source by the Energy Information Administration of the United States Department of Energy, if applicable;
2. Identification of each CO[2] Budget unit at the CO[2] Budget source; 3. The general provisions at NJ.A.C. 7:27C-1.4;
4. The compliance certification requirements at NJ.A.C. 7:27C-4.1;
5. The compliance requirements at N.J.A.C. 7:27C-6.9; and
6. The monitoring, recordkeeping, and reporting requirements at N.J.A.C. 7:27C-8. SUBCHAPTER 4. COMPLIANCE CERTIFICATION
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 4 - COMPLIANCE CERTIFICATION › Section 7:27C-4.1 - Compliance certification report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each control period, including the initial control period, in which a CO[2] Budget source is subject to the CO[2] requirements of N.J.A.C. 7:27C-1.4, the COauthorized account representative shall submit a compliance certification report to the Department, in a format provided by the Department, by the March 1 following the relevant control period or initial control period. NO[x] compliance certification report is required during an interim control period.
(b) The COauthorized account representative shall include in the compliance certification report under (a) above the following:
1. Identification of the CO[2] Budget source and each CObudget unit at the source;
2. At the COauthorized account representative's option, the serial numbers of the COallowances that are to be deducted from the CO[2] Budget source's compliance account under N.J.A.C. 7:27C-6.9for the control period, the initial control period, or an interim control period, including the serial numbers of any COoffset allowances that are to be deducted, subject to the limitations of N.J.A.C. 7:27C-6.9(a)3; and
3. The compliance certification under (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 4 - COMPLIANCE CERTIFICATION › Section 7:27C-4.2 - Department action on compliance certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may review and conduct independent audits of any compliance certification or any other submission under this chapter and make appropriate adjustments of the information in the compliance certification or other submission.
(b) The Department may deduct CO[2] allowances from, or transfer CO[2] allowances to, a CObudget source's compliance account, as appropriate, based on the information in the compliance certification or other submission, as adjusted under (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 5 - CO[2] ALLOWANCE ALLOCATIONS › Section 7:27C-5.1 - New Jersey COBudget Trading Program base budget

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey CO[2] Budget Trading Program annual base budget for the allocation years 2020 and later is as follows:
1. For the 2020 allocation year, 18,000,000 tons;
2. For the 2021 allocation year, 17,460,000 tons;
3. For the 2022 allocation year, 16,920,000 tons;
4. For the 2023 allocation year, 16,380,000 tons;
5. For the 2024 allocation year, 15,840,000 tons;
6. For the 2025 allocation year, 15,300,000 tons;
7. For the 2026 allocation year, 14,760,000 tons;
8. For the 2027 allocation year, 14,220,000 tons;
9. For the 2028 allocation year, 13,680,000 tons;
10. For the 2029 allocation year, 13,140,000 tons; and
11. For the 2030 and each succeeding allocation year, 12,600,000 tons. 7:27C-5.2 CO[2] allowance allocations