reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.3 - Applicability-LEV program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth at (b) and (c) below, no dealer or other person within this State shall deliver for sale, offer for sale, sell, import, deliver, purchase, rent, acquire, receive, or register on or after January 1, 2009, a new 2009 through 2025 model-year passenger car or light-duty truck, unless the vehicle has been certified by the CARB and has received a CARB Executive Order.
(b) Prior to January 1, 2010, model year 2009 vehicles that do not meet the requirements of (a) above, but were produced and delivered for sale in New Jersey on or before January 1, 2009, and have a certificate of conformity issued pursuant to the Clean Air Act, may be sold, offered for sale, purchased, acquired or received in New Jersey.
(c) The prohibitions contained in (a) above shall not apply to passenger cars and light-duty trucks that are:
1. Held for daily lease or rental to the general public or engaged in interstate commerce, that are registered and principally operated outside of New Jersey;
2. Test vehicles and emergency vehicles;
3. Acquired by a resident of this State for the purposes of replacing a vehicle registered to such resident, which vehicle was damaged, or became inoperative beyond reasonable repair, or was stolen while out of this State; provided that such replacement vehicle is acquired out of State at the time the previously registered vehicle was either damaged or became inoperative beyond reasonable repair or was stolen;
4. Transferred by inheritance;
5. Transferred by court decree;
6. Have a certificate of conformity issued pursuant to the Clean Air Act and originally registered in another state by a resident of that state who subsequently establishes residence in this State;
7. Sold directly from one dealer to another dealer;
8. Sold for the purpose of being wrecked or dismantled;
9. Sold exclusively for off-highway use; or
10. Sold for registration out of State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.4 - Emission certification standards

Current through Register Vol. 56, No. 14, July 15, 2024
Each model year 2009 through model year 2025 motor vehicle subject to N.J.A.C. 7:27-29.3(a)  shall be California-certified.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.5 - NMOG fleet-wide average exhaust emission requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A manufacturer of model year 2009 through model year 2025 passenger cars or light-duty trucks delivered for sale in New Jersey on or after January 1, 2009, shall demonstrate compliance with the NMOG fleet-wide average exhaust emission requirement of Title 13, CCR, Section 1961, which average shall be based on the number of the manufacturer's vehicles subject to N.J.A.C. 7:27-29.3(a).
(b) A manufacturer may accrue NMOG credits and debits and use them in accordance with Title 13, CCR, Section 1961(c), except that the formula for accruing credits at Title 13, CCR, Section 1961(c) shall be based upon the number of vehicles the manufacturer produces and delivers for sale in New Jersey in accordance with 7:27-29.3(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.6 - ZEV sales requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Beginning on January 1, 2009, for vehicles manufactured in model year 2009 through model year 2025, each manufacturer shall comply with the ZEV sales requirement at Title 13, CCR, Section 1962, including early credit and banking provisions.
(b) An intermediate volume or large volume manufacturer of ZEVs, ATPZEVs and PZEVs may use vehicle equivalent credits in accordance with Title 13, CCR, Section 1962, to offset the ZEV Sales Requirement of (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.7 - ZEV Credit Bank

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Beginning in model year 2009, each intermediate volume and large volume manufacturer of ZEVs, ATPZEVs and PZEVs shall open an account in the ZEV credit bank. Except as set for in (h) below, the account must be opened no later than January 1, 2009.
(b) In order to open an account with the ZEV Credit Bank, the manufacturer shall submit to the Department an account application form containing the following information:
1. For the account holder:
i. Name;
ii. Mailing address;
iii. Telephone number;
iv. Type of business (if applicable);
v. The authorized representative's name, title, phone number, fax number and email address; and
vi. The authorized representative's signature.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.8 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each intermediate volume and large volume vehicle manufacturer shall pay to the Department an annual fee of $ 0.25 per vehicle for each passenger car and light-duty truck, including both Federal- and California-certified vehicles, delivered for sale in New Jersey on or after January 1, 2005 and prior to January 1, 2026, and which vehicles the manufacturer has been required to report under Section D.6(a), "California Assembly-Line Test Procedures for 1983 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," as set forth at Title 13, CCR, Section 2062.
(b) For vehicles delivered for sale in calendar years 2005 through 2025, each intermediate volume and large volume manufacturer shall report its New Jersey production numbers to the Department by March 1 of the succeeding calendar year.
(c) The Department shall notify each manufacturer of the total fee due. The manufacturer shall remit the fee to the Department within 30 days after receipt of the Department's notice. Payment shall be made payable to the Treasurer, State of New Jersey.
(d) An intermediate volume or large volume manufacturer failing to pay the fee shall not be permitted to open an account in the ZEV Credit Bank, or earn, deposit, use or acquire vehicle equivalent credits until such time as its fee and any unpaid balance are paid.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.9 - Vehicle testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each new vehicle model subject to 7:27-29.3(a)  shall satisfy the motor vehicle emission requirements of Title 13, CCR, Sections 1960.1, 1960.5, 1961, 1962, 1962.1, 1965, 1968.1, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2101, 2111, and 2235.
1. A manufacturer shall demonstrate compliance by presenting to the Department upon request copies of the applicable Executive Order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.10 - Warranty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer of a vehicle subject to 7:27-29.3(a)  shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle shall comply over its period of warranty coverage with all requirements of Title 13, CCR, Sections 2035 through 2038, 2040, and 2041.
(b) Each manufacturer of a vehicle subject to 7:27-29.3(a)  shall submit to the Department upon request a Failure of Emission-Related Components report as defined at Title 13, CCR, Section 2144.
(c) For purposes of compliance with (b) above, a manufacturer may submit copies of the Failure of Emission-Related Components report that are submitted to the CARB.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.11 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the reporting requirements in 7:27-29.7, ZEV Credit Bank, and 29.8, Fees, beginning with the 2009 model year, each manufacturer of a vehicle subject to 7:27-29.3(a)  shall submit annually to the Department, no later than March 1 following the close of the model year, a report documenting total deliveries for sale in New Jersey of vehicles in each test group during that model year.
1. For the 2009 model year, the report shall separately show deliveries for sale prior to January 1, 2009 and on and after January 1, 2009.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.12 - Enforcement

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, 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 compliance with appropriate standard safety procedures.
(b) Records to support any application, notice, report or amendment submitted to the Department under this subchapter shall be maintained for a period of no less than five years after submitting the information to the Department, and shall be made readily available to the Department upon request.
(c) Failure to comply with any of the obligations or requirements of this subchapter shall subject the violator to an enforcement action pursuant to the provisions of 26:2C-19 and N.J.A.C. 7:27A-3.
(d) Any order or enforcement action taken by the CARB to correct noncompliance with any section of Title 13, CCR, which action results in the recall of any vehicle pursuant to Title 13, CCR, sections 2109 through 2135, 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 7:27-29.3(a).
(e) Any emission-related recall campaign, voluntary or otherwise, initiated by any manufacturer pursuant to Title 13, CCR, Sections 2113 through 2121, shall extend to all similar vehicles subject to 7:27-29.3(a), 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 7:27-29.3(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29 - LOW EMISSION VEHICLE (LEV) PROGRAM › Section 7:27-29.14 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
Each section of this subchapter is severable. In the event that any section, subsection or division is held invalid in a court of law, the remainder of this subchapter shall continue in full force and effect.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM › Section 7:27-29A.2 - Purpose and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes, in the State, an Advanced Clean Cars II program, which incorporates the requirements of the California Advanced Clean Cars II program.
(b) The New Jersey Advanced Clean Cars II program shall apply to all model year 2027 or later motor vehicles that are passenger cars, light-duty trucks, and medium-duty vehicles subject to the California Advanced Clean Cars II program and delivered for sale in New Jersey on or after January 1, 2027.
(c) The specified engine and vehicle standards and requirements set forth in the provisions of the CCR, as identified at N.J.A.C. 7:27-29A.7, shall not be operative in New Jersey unless or until such time as California receives a waiver from the EPA pursuant to 42 U.S.C. §
										7543, as published in the Federal Register, for the applicable engine standard, vehicle standard, or other emission requirement.
(d) The New Jersey Advanced Clean Cars II program shall not apply to:
1. Emergency vehicles, pursuant to California's Vehicle Code Sec. 27156.2 and 27156.3, as incorporated by reference at N.J.A.C. 7:27-29A.7; or
2. Military tactical vehicles, pursuant to 13 CCR 1905, as incorporated by reference at N.J.A.C. 7:27-29A.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM › Section 7:27-29A.3 - Requirements for vehicle transactions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth at (b) and (c) below, on or after January 1, 2027, 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 new 2027 or subsequent model-year passenger car, light-duty truck, or medium-duty vehicle, unless the vehicle has been certified by CARB.
(b) New model year 2026 passenger cars, light-duty trucks, and medium-duty vehicles that were produced and delivered for sale in New Jersey after December 31, 2025, and before January 1, 2027, are not required to be certified by CARB in order to be sold, offered for sale, purchased, acquired, or received in New Jersey.
(c) The prohibitions at (a) above do not apply to:
1. 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;
2. A vehicle acquired by a resident of this State for the purposes of replacing a vehicle registered to such resident, which vehicle was damaged, or became inoperative beyond reasonable repair, or was stolen while out of this State; provided that such replacement vehicle is acquired out-of-State at the time the previously registered vehicle was either damaged or became inoperative beyond reasonable repair or was stolen;
3. A vehicle transferred by inheritance;
4. A vehicle transferred by court decree;
5. A vehicle certified by CARB or the EPA and originally registered in another state by a resident of that state who subsequently establishes residence in this State;
6. A vehicle transferred directly from one dealer to another dealer;
7. A vehicle sold for the purpose of being wrecked or dismantled; or
8. A vehicle sold exclusively for off-highway use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM › Section 7:27-29A.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For vehicles delivered for sale in calendar year 2026 and thereafter, each intermediate volume and large volume manufacturer shall report its New Jersey production volume to the Department by March 1 of the succeeding calendar year.
(b) Each intermediate volume and large volume vehicle manufacturer shall pay to the Department an annual fee of $ 0.50 per vehicle for each passenger car, light-duty truck, and medium-duty vehicle, including both Federally certified and California-certified vehicles, delivered for sale in New Jersey on or after January 1, 2026.
(c) The Department shall notify each manufacturer of the total fee due. The manufacturer shall remit the fee to the Department within 30 days after receipt of the Department's notice.
(d) An intermediate volume or large volume manufacturer that does not pay the fee shall not be permitted to earn, deposit, use, or acquire vehicle equivalent credits or values until such time as its fee and any unpaid balance are paid.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM › Section 7:27-29A.5 - Warranty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer of a vehicle subject to N.J.A.C. 7:27-29A.3(a)  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 CCR, as identified at N.J.A.C. 7:27-29A.7.
(b) Each manufacturer of a vehicle subject to N.J.A.C. 7:27-29A.3(a)  shall submit to the Department, upon request, an Emission Warranty Information Report as defined at 13 CCR 2144 and a Zero-Emission Vehicle Warranty Information Report as defined at 13 CCR 1962.8.
(c) For purposes of compliance with (b) above, a manufacturer may submit copies of the Emission Warranty Information Reports and the Zero-Emission Vehicle Warranty Information Reports that are submitted to CARB.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 29A - NEW JERSEY ADVANCED CLEAN CARS II PROGRAM › Section 7:27-29A.6 - Enforcement

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 any emissions therefrom, at the facility; to sketch or photograph any portion of the site, building, or vehicles; 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 of appropriate credentials, as requested, and in compliance with appropriate standard safety procedures.
(b) Records to support any application, notice, report, or amendment submitted to the Department pursuant to this subchapter shall be maintained for a period of no less than five years after submitting the information to the Department, and shall be made readily available to the Department, upon request.
(c) 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.
(d) Any order or enforcement action taken by 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 CCR identified at N.J.A.C. 7:27-29A.7, 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. 7:27-29A.3(a).
(e) 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. 7:27-29A.7, 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. 7:27-29A.3(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
Upon delegation of authority by the Administrator of the EPA to the Department, this subchapter shall apply to the owner or operator of any OCS source within 25 miles of a state's seaward boundary for which New Jersey is the corresponding onshore area (COA) and to the owner or operator of any OCS source beyond 25 miles of New Jersey's seaward boundary for which New Jersey is the nearest onshore area, as authorized under Section 328 of the Clean Air Act, 42 U.S.C. §
										7627, and 40 CFR Part 55.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.2 - Incorporation by reference of the Code of Federal Regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Portions of this subchapter that are incorporated by reference from the CFR shall be understood in the manner set forth in this section.
(b) Unless specifically excluded by this subchapter, when a provision of the CFR is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, publications, and cross-references are also incorporated by reference.
(c) Supplements, amendments, or other changes including, without limitation, repeals or stays that affect the meaning or operational status of a Federal regulation incorporated by reference, brought about by either judicial or administrative action and adopted or otherwise noticed by the EPA in the Federal Register, shall be paralleled by a similar automatic update to the New Jersey rule, so that the New Jersey rule will have the same meaning and status as its Federal counterpart.
(d) In the event that there are inconsistencies or duplications in the requirements of the provisions incorporated by reference from the CFR and the rules set forth in this subchapter, the provisions incorporated by reference from the CFR shall prevail.
(e) On or after June 8, 2020, new Federal rules, amendments, supplements, and other changes, brought about through administrative or judicial action, automatically incorporated through the prospective incorporation by reference process shall be effective upon publication in the Federal Register and operative on the date listed by the EPA as the effective date in the relevant Federal Register notice.
(f) The following provisions are incorporated by reference within this subchapter:
1.
										40 CFR 55.1 Statutory authority and scope.
2.
										40 CFR 55.2 Definitions.
3.
										40 CFR 55.3 Applicability.
4.
										40 CFR 55.4 Requirements to submit a notice of intent.
5.
										40 CFR 55.6 Permit requirements.
6.
										40 CFR 55.7 Exemptions.
7.
										40 CFR 55.8 Monitoring, reporting, inspections, and compliance.
8.
										40 CFR 55.9 Enforcement.
9.
										40 CFR 55.10 Fees.
10.
										40 CFR 55.13 Federal requirements that apply to OCS sources.
11.
										40 CFR 55.14 Requirements that apply to OCS sources located within 25 miles of State' seaward boundaries, by State.
12.
										40 CFR 55.15 Specific designation of corresponding onshore areas.
13. APPENDIX A PART 55 -- LISTING OF STATE AND LOCAL REQUIREMENTS INCORPORATED BY REFERENCE INTO PART 55, BY STATE.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.3 - Document availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of 40 CFR Part 55, which is incorporated herein by reference, are available for review at gov.ecfr.io.
(b) Copies of 40 CFR Part 55 may also be obtained online by visiting the website of the United States Government Publishing Office at
http://www.govinfo.gov/app/collection/cfr/
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"CFR" means the United States Code of Federal Regulations.
"EPA" means the United States Environmental Protection Agency.
"NOI" means notice of intent and shall have the meaning provided in 40 CFR 55.4(a).
"OCS" means the outer continental shelf as defined in 40 CFR 55.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.5 - General procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information pertaining to the filing of an NOI, an OCS permit application, including, but not limited to, a preconstruction permit, an operating permit, and a modification to a permit, as well as a request for an exemption from a control technology, is available on the Department's website at
http://www.nj.gov/dep/aqpp
and at the following address:
Department of Environmental Protection
Division of Air Quality
Air Quality Permitting Program
401 East State Street
Mail Code 401-02
PO Box 420
Trenton, New Jersey 08625-0420
The Department's website shall identify the acceptable method(s) of submission of OCS-related materials, which will include one or more of electronic submission, or submission in hard copy.
(b) All applications and other filings, submitted on behalf of an OCS source that would have been required to obtain a permit pursuant to the applicability provisions of N.J.A.C. 7:27-8 or 22 if the same source had been located onshore, shall be processed in accordance with the corresponding administrative procedures set forth at N.J.A.C. 7:27-8 or 22, respectively.
(c) All applications and other filings, submitted on behalf of an OCS source that would not have been required to obtain a permit pursuant to the applicability provisions of N.J.A.C. 7:27-8 or 22 had the same source been located onshore, shall be processed in accordance with the administrative procedures of N.J.A.C. 7:27-8, except that all applications for new permits and permit modifications shall be subject to public notice and the opportunity for public comment.
(d) A request for an exemption from a control technology requirement that has been filed in conjunction with a permit application under this subchapter, shall be processed as part of the permit application and adhere to the administrative requirements set forth in (b) and (c) above. If there is no requirement for notice and an opportunity for public comment because the permit application has been denied, the Department shall provide public notice and comment for the preliminary determination on the request for an exemption as required by the Federal rules incorporated by reference into this subchapter.
(e) A request for an exemption from a control technology requirement that is not filed in conjunction with a permit application or another permit-related filing, shall be processed pursuant to the administrative and public participation procedures set forth in the Federal rules incorporated by reference into this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.6 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
All information submitted to the Department pursuant to this subchapter shall be public information, unless the person submitting the information asserts a confidentiality claim in accordance with the procedures set forth at N.J.A.C. 7:27-1.6 through 1.30 and the Department determines that the information is entitled to confidential treatment in accordance with N.J.A.C. 7:27-1.8 through 1.30. Information submitted electronically cannot be handled confidentially. Therefore, information submitted pursuant to a confidentiality claim must be submitted in paper form only, and the claims of confidentiality must be asserted by clearly marking the information as required pursuant to N.J.A.C. 7:27-1.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 30 - OUTER CONTINENTAL SHELF AIR REGULATIONS › Section 7:27-30.7 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of this subchapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the section, subsection, provision, clause, portion, or application directly involved in the controversy in which the judgment was rendered and it shall not affect or impair the remainder of this subchapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 31 - ADVANCED CLEAN TRUCKS PROGRAM › Section 7:27-31.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"California Air Resources Board" or "CARB" means the agency, or its successor agency, established and empowered to regulate sources of air pollution in the State of California, including motor vehicles, pursuant to section 39003, California Health & Safety Code, 1999, as amended or supplemented.
"CCR" means the California Code of Regulations.
"Department" means the New Jersey Department of Environmental Protection.
"GVWR" shall have the same meaning as the term "gross vehicle weight rating" as defined at 13 CCR § 1963(c).
"NZEV" shall have the same meaning as the term "near-zero-emission vehicle" as defined at 13 CCR § 1963(c).
"Person" means any individual or entity and shall include, without limitation, corporations, companies, associations, societies, firms, partnerships, and joint stock companies, and shall also include, without limitation, all political subdivisions of any states, and any agencies or instrumentalities thereof.
"Ultimate purchaser" means, with respect to any vehicle, the first person who in good faith purchases a new motor vehicle for purposes other than resale and registers it with the New Jersey Motor Vehicle Commission.
"ZEV" shall have the same meaning as the term "zero-emission vehicle" as defined at 13 CCR § 1963(c).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 31 - ADVANCED CLEAN TRUCKS PROGRAM › Section 7:27-31.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes, in New Jersey, a program to reduce emissions from on-road vehicles over 8,500 pounds GVWR by incorporating the requirements of the California Advanced Clean Truck regulation, and is intended to accelerate sales of zero-emission vehicles over 8,500 pounds GVWR.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 31 - ADVANCED CLEAN TRUCKS PROGRAM › Section 7:27-31.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon publication, in the Federal Register, of the final notice of California's receipt of a waiver from the United States Environmental Protection Agency, pursuant to 42 U.S.C. §
										7543, for the Advanced Clean Truck Regulation, set forth at 13 CCR §§ 1963 through 1963.5, this subchapter shall apply to:
1. Any manufacturer that produces on-road vehicles over 8,500 pounds GVWR manufactured in model year 2025 and subsequent model years for sale in New Jersey on or after January 1, 2025.
2. Beginning with the model year 2022, any manufacturer that produces on-road vehicles over 8,500 pounds GVWR may generate, bank, and trade ZEV and NZEV credits pursuant to 13 CCR § 1963.2, as incorporated by reference herein.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.8 - Emission reduction levels for regulated on-road diesel vehicles, regulated solid waste vehicles, regulated commercial buses and regulated off-road diesel equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as set forth in (b) below, the owner of a vehicle or equipment that is subject to 7:27-32.7(a) or (b)1 shall ensure that the vehicle or equipment is retrofitted using BART no less stringent than the minimum BART level for that vehicle or equipment, as set forth in Tables 1 and 2 below.
TABLE 1
BART Level by Vehicle and Equipment Type
Vehicle or
Engine Model
Minimum BART
Equipment Type
Year
Level
Commercial buses
1994-2006
BART 3
1988-1993
BART 2
1987 and older
BART 1
Solid waste vehicle
1988-2006
BART 2
1987 and older
BART 1
On-road vehicle other than a commercial bus
2006 and older
BART 2
or solid waste vehicle
Off-road equipment >175 horsepower
1996-2014*
BART 3
* BART installation requirements do not apply to engines in this category
that are rated from 175-750 horsepower and were certified to a particulate
emissions standard of 0.015 g/bhp-hr, or rated above 750 horsepower and were
certified to a particulate emissions standard of 0.03 g/bhp-hr phased in from
2011 to 2015.
TABLE 2
Best Available Retrofit Technology Minimum Control
Minimum Control Efficiency
BART Level
(particulate emission reduction by weight)
3
85 percent
2
50 percent
1
25 percent
(b) The owner of a vehicle or equipment that is subject to 7:27-32.7(a) or (b)1 may repower or rebuild the engine in any on-road diesel vehicle or piece of off-road diesel equipment to achieve at least as great a particulate emission reduction by weight as the applicable BART level in Table 1. The repowered or rebuilt engine must be a certified configuration that meets a particulate emissions standard that is equal to or lower than the amount of diesel particulate emissions that would otherwise be emitted from the vehicle or equipment when using the required BART pursuant to 7:27-32.8(a). In the case of a repowered engine, the removed engine must be permanently placed out of service. Additionally, the manufacturer's brake horsepower rating for the repowered or rebuilt engine may exceed the brake horsepower rating of the existing engine by no more than 10 percent.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.9 - Warranty requirements for closed crankcase ventilation systems and retrofit devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each closed crankcase ventilation system or BART must be accompanied by a warranty whereby the manufacturer and the installer warrant, at a minimum:
1. To the owner of the regulated vehicle or piece of regulated equipment, the full repair and replacement cost of the BART, including parts and labor, if the BART fails to perform as verified;
2. To the owner of the regulated school bus, regulated vehicle or piece of regulated equipment, the full repair and replacement cost of the CCVS or BART, including parts and labor, if the CCVS or BART contains defects in material or workmanship; and
3. To the owner of the regulated school bus, regulated vehicle or piece of regulated equipment, if the installation or use of the CCVS or BART damages the engine or the engine components of the vehicle or equipment, the cost to repair or replace engine components to return the engine components of the affected vehicle or equipment to the condition they were in prior to damage caused by the CCVS or BART.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.10 - Labeling of retrofit devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each retrofit device sold or installed pursuant to this subchapter must be labeled with a legible and durable label affixed to a conspicuous location on the engine or engine compartment and on the retrofit device so that it can be easily read and understood during daylight without the assistance of artificial lighting or reflective devices. The label must provide a unique identification number to be matched to the specific retrofit device and the specific vehicle required to use the retrofit device.
(b) At a minimum, any retrofit label affixed pursuant to (a) above must include:
1. The name, address, and phone number of the manufacturer;
2. A unique serial number;
3. The month and year of manufacture. The month and year of manufacture are not required on the label if the manufacturer of the retrofit device provides or encodes this information in the serial number; and
4. The retrofit device family name, as described at (c) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.11 - Best available retrofit technology eligible for reimbursement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be eligible for purchase and installation cost reimbursement, a CCVS or retrofit device must be:
1. Covered by a warranty in accordance with 7:27-32.9;
2. Labeled in accordance with 7:27-32.10; and
3.Installed by an authorized installer.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.12 - Required submissions by owner of regulated vehicles and regulated off-road diesel equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided in this section, the owner of a regulated vehicle or a piece of regulated off-road diesel equipment shall, prior to purchasing and installing a retrofit device in compliance with 7:27-32.7, complete and submit electronically to the Department, on a form supplied by the Department, the following:
1. An inventory of all on-road diesel vehicles and off-road diesel equipment owned, operated, or leased by the owner;
2. Identification of the chosen method of compliance for the vehicles and equipment in the inventory that are subject to the retrofit requirements at 7:27-32.7 by the following:
i. Including on the inventory, for each regulated vehicle or regulated piece of equipment, a notice of intent to comply; or
ii.Submitting a fleet plan, for review and approval by the Department, if one or more of the regulated vehicles or regulated equipment in the fleet cannot comply through the use of the best available retrofit technologies as designated and provided for at 7:27-32.8. A fleet plan must include a justification for each regulated vehicle or regulated equipment not meeting the minimum BART level requirements of 7:27-32.8. A fleet plan shall be developed in accordance with 7:27-32.14 and 15, as applicable; and
3. A cost estimate, developed in conjunction with an authorized installer, detailing the cost of any retrofit device and any cost associated with the installation of that retrofit device for review and approval or disapproval in accordance with 7:27-32.17(d). The estimate will be on a form or in a format supplied by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.13 - Required contents of an inventory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An inventory submitted pursuant to 7:27-32.12 must include, for each on-road diesel vehicle and off-road diesel piece of equipment:
1. The name of the owner or owners;
2. The owner's address;
3. The base of operations for the regulated equipment or regulated vehicle;
4. The owner's telephone number;
5. The VIN/serial number of the vehicle or piece of equipment;
6. The license plate number of the vehicle;
7. The model year of the chassis;
8. The USEPA engine family, obtained from the Vehicle Emissions Control Information label in the engine compartment;
9. The engine manufacturer;
10. The model year of the engine;
11. The engine horsepower;
12. The description of the on-road diesel vehicle or off-road diesel equipment;
13. The GVWR of the vehicle;
14. Whether the vehicle or piece of equipment will be retired within the next five years;
15.Whether the vehicle or piece of equipment is a regulated vehicle, regulated equipment, on-road vehicle, off-road equipment;
16. The method of compliance (notice of intent to comply, fleet plan or other method);
17. Whether the owner retrofitted the vehicle or piece of equipment before required to do so by this subchapter; and
18. The minimum applicable BART level at 7:27-32.8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.14 - Required elements of a fleet retrofit plan and combined fleet retrofit plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner submitting a fleet retrofit plan or combined fleet retrofit plan pursuant to 7:27-32.7(b)  shall include, for each regulated vehicle or piece of regulated equipment, either:
1. A description of the best available retrofit technology that will be used, as determined by the owner pursuant to 7:27-32.8; or
2. Documentation indicating that the BART level indicated at 7:27-32.8 is not feasible for the specific regulated vehicle or piece of regulated equipment. The owner shall request approval from the Department to use the next most stringent level of best available retrofit technology feasible to meet the requirement for that vehicle or piece of equipment. Where the owner has determined that no BART level is feasible for the specific regulated vehicle or piece of regulated equipment, the owner may provide justification and request approval by the Department to be exempted from the retrofit requirements of this subchapter for that vehicle or piece of equipment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.15 - Use of a fleet averaging plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of 75 or more regulated vehicles or pieces of regulated equipment, or any group of owners who elect to develop a combined fleet retrofit plan pursuant to 7:27-32.7(b)  that would include 75 or more regulated vehicles or pieces of regulated equipment, may propose to the Department a fleet averaging plan, in lieu of a fleet retrofit plan or a combined fleet retrofit plan, for the fleet or fleets affected, subject to (b) below.
(b) The owner or group of owners described in (a) may propose a fleet averaging plan, provided that the total net percent reductions in diesel particulate emissions under the proposed fleet averaging plan are greater than or equal to the estimated reductions in particulate emissions that would have been achieved by the owner or group of owners if a fleet retrofit plan or combined fleet retrofit plan were submitted and implemented for the regulated vehicles or regulated equipment, or both, as calculated pursuant to 7:27-32.16. The owner or group of owners may propose to achieve particulate emissions reductions from any on-road diesel vehicle, off-road diesel equipment, regulated vehicle, or regulated equipment owned by the owner or group of owners, or the retirement of any of those vehicles or equipment, and shall submit the proposed fleet averaging plan to the Department in accordance with 7:27-32.16.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.16 - Required elements of a fleet averaging plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fleet averaging plan must contain documentation demonstrating that use of BART to meet 7:27-32.8 is not feasible for one or more regulated vehicles or pieces of regulated equipment in the fleet or combined fleet. Such documentation must be provided for each vehicle or piece of equipment for which it is infeasible to meet the required emission reduction at 7:27-32.8.
(b) A fleet averaging plan may contain a proposal to install and use one or more retrofit devices, or to retire, or repower through replacement or rebuild the engine to a certified configuration that meets a more stringent particulate emission standard, any regulated vehicle or piece of regulated equipment, or any on-road diesel vehicle or off-road diesel equipment not otherwise required to be retrofitted by the provisions of this subchapter.
(c) A fleet averaging plan or combined fleet averaging plan must describe:
1. How the plan will achieve the required particulate reductions through a combination of the use of best available retrofit technology, retirement, and engine repower or rebuilding, of the specific vehicles or equipment;
2. The alternative measures or applications, if any, of best available retrofit technology including, but not limited to, use of a less stringent best available retrofit technology level, repowering or rebuilding pursuant 7:27-32.8(b), or the retiring of vehicles or equipment; and
3. The remedial measures the owner will take if the total actual diesel particulate emissions reduction is less than the particulate emissions reduction in the approved fleet averaging plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 32 - OUTER CONTINENTAL SHELF AIR REGULATIONS (RECODIFIED) › Section 7:27-32.17 - Department review of fleet plans and notice of intent to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will use its best efforts to give the highest priority to the review of fleet retrofit plans for fleets that service or have a base of operation within two miles of an urban center or urban complex, as designated by the State Planning Commission.
(b) The Department will review, and either approve or disapprove, each part of any fleet plan submitted pursuant to N.J.A.C 7:27-32.14, 32.16 and (c)2 below. If the Department determines that parts of a fleet plan are severable, it shall approve those portions of the fleet plan that comply with this subchapter.
(c) In such a case, the Department shall, prior to the final approval of the other parts of the fleet plan, require the owner of the regulated vehicles or regulated equipment to comply with the approved part or parts of the fleet plan, and:
1. Direct the owner to comply with the approved part or parts of the fleet plan prior to final approval of other parts of the fleet plan; or
2. In the case of a fleet averaging plan, determine that the owner or the group of owners cannot comply with the emission reduction requirements of 7:27-32.15 by implementing the proposed fleet averaging plan, and shall require the owner to submit a fleet retrofit plan, or the group of owners of the fleets to submit a combined fleet retrofit plan or individual fleet retrofit plans.