New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27 - AIR POLLUTION CONTROL › Subchapter 34 - MOBILE CARGO HANDLING EQUIPMENT AT PORTS AND INTERMODAL RAIL YARDS › Section 7:27-34.3 - 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.
"Alternate PM standard" means one of the Family Emissions Limit (FEL) standards that are currently available to engine manufacturers pursuant to 13 CCR 2423. Alternate standards are of limited duration and may be selectively applied to total or partial engine family production volumes.
"Best available control technology" means the maximum degree of PM and NOx emissions reduction achievable through application of available methods, systems, devices, and techniques.
"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.
"Cargo" means material, goods, or commodities that have been, or will be, transported to, or from, a port or intermodal rail yard by ship, train, truck, or other mode of transportation.
"Cargo handling equipment" means any mobile off-road, self-propelled vehicle, or equipment with a diesel-fueled CI engine used at a port or intermodal rail yard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle, or used to perform maintenance and repair activities that are routinely scheduled or that are due to predictable process upsets. Cargo handling equipment includes yard trucks and non-yard trucks.
"CCR" means the California Code of Regulations.
"Certification" or "certified" means a finding by CARB or the EPA that a motor vehicle, motor vehicle engine, off-road CI engine, or air contaminant emission control system has satisfied the criteria for the control of specified air contaminants from such vehicles, engines, or control systems, adopted by CARB or the EPA, as set forth in their rules and/or regulations.
"Certified on-road engine" means an engine certified to 2010 or later model year California on-road engine emission standards at 13 CCR 1956.8, incorporated herein by reference.
"Certified Tier 4 final off-road engine" means an engine certified to the California Tier 4 final off-road emission standards at 13 CCR 2423, incorporated herein by reference, for the rated horsepower.
"Class I railroad" is a freight railway that meets the revenue threshold for a Class I railroad, as defined by the Surface Transportation Board.
"Compression ignition engine" or "CI engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine. Any engine certified under the diesel cycle is included under the definition of a compression ignition engine.
"Construction activities" include any activities at a port or intermodal rail yard that are preparatory to or involved with the building, alteration, rehabilitation, demolition, or improvement of property, including, but not limited to, the following activities: grading excavation, loading, crushing, cutting, planning, shaping, or groundbreaking.
"Contiguous properties" means adjacent properties, even if they are separated by human-made barriers or structures, including roadways, or legal boundaries.
"Diesel fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented by the supplier as suitable for use in an internal combustion, compression-ignition engine.
"Diesel-fueled CI engine" means a CI engine fueled by diesel fuel, ultra-low sulfur diesel, or jet fuel, in whole or in part.
"Diesel particulate matter" or "diesel PM" means the particles found in the exhaust of diesel-fueled CI engines. Diesel PM may agglomerate and adsorb other species to form structures of complex physical and chemical properties.
"Dozer" means an off-road tractor, either tracked or wheeled, equipped with a blade.
"Excavator" means an off-road vehicle consisting of a backhoe and cab mounted on a pivot atop an undercarriage with tracks or wheels.
"Family Emissions Limit" or "FEL" refers to an emission level that is declared by the manufacturer to serve as an emission standard for certification purposes and for the averaging, banking, and trading program as defined at 13 CCR 2423.
"Fleet" means the total number of cargo handling equipment owned, rented, or leased by an owner or operator, which is located at a specific port or intermodal rail yard.
"Forklift" means an off-road industrial truck used to hoist and transport materials by means of steel fork(s) under the load.
"Hybrid" means powered by two or more sources of energy.
"Hydrocarbon" or "HC" means any compound or mixture of compounds whose molecules consist of atoms of hydrogen and carbon only.
"In-use cargo handling equipment" means cargo handling equipment or a diesel-fueled CI engine installed in cargo handling equipment that is purchased, rented, leased, or otherwise brought onto, and in operation at, a port or intermodal rail yard in New Jersey before March 1, 2025.
"Intermodal rail yard" means any transportation facility owned or operated by a Class I railroad that is primarily dedicated to the business of intermodal rail operations where cargo is transferred to or from a train and any other form of conveyance, such as train-to-ship, ship-to-train, train-to-truck, or truck-to-train.
"Lease" means a contract by which one conveys cargo handling equipment for a specified term and for a specified rent.
"Level" means one of three categories of CARB-verified diesel emission control strategies as set forth at 13 CCR 2701 et seq: Level 1 means the strategy reduces engine diesel particulate matter emissions by between 25 and 49 percent; Level 2 means the strategy reduces engine diesel particulate matter emissions by between 50 and 84 percent; and Level 3 means the strategy reduces engine diesel particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel PM per brake horsepower-hour.
"Loader" means any type of off-road tractor with either tracks or rubber tires that uses a bucket on the end of movable arms to lift and move material; is also referred to as a front-end loader, front loader, skid steer loader, backhoe, rubber-tired loader, or wheeled loader.
"Low-throughput port" means a port that has a two-year average annual cargo throughput of less than one million tons per year, not including petroleum products, as reported by the U.S. Army Corps of Engineers, Waterborne Commerce Statistics Center.
"Military tactical support cargo handling equipment" means cargo handling equipment that meets military specifications, is owned by the U.S. Department of Defense and/or the U.S. military services, and is used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
"Mobile crane" means a mobile machine, other than a rubber-tired gantry crane, with a hoisting mechanism mounted on a specially constructed truck chassis or carrier; a mobile crane can either be a single-engine crane or a two-engine crane.
"Model year" or "MY" means the CI engine manufacturer's annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year.
"New cargo handling equipment" means cargo handling equipment or a certified diesel-fueled CI engine installed in cargo handling equipment that is purchased, rented, leased, or otherwise brought onto and operated at a port or intermodal rail yard in New Jersey on or after March 1, 2025.
"Nitrogen oxides" or "NOx" means compounds of nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of nitrogen, which are typically created during combustion processes and are major contributors to smog formation and acid deposition.
"Non-yard truck" means all cargo handling equipment other than yard trucks. Non-yard trucks include rubber-tired gantry cranes, top handlers, side handlers, reach stackers, straddle carriers, forklifts, loaders, tractors, aerial lifts, excavators, and dozers.
"Ocean-going vessel" means a commercial, government, or military vessel meeting any one of the following criteria:
1. A vessel with a "registry" (foreign trade) endorsement on its United States Coast Guard certificate of documentation, or a vessel that is registered under the flag of a country other than the United States;
2. A vessel greater than or equal to 400 feet in length overall (LOA) as defined at 50 CFR 679.2, as adopted June 19, 1996;
3. A vessel greater than or equal to 10,000 gross tons (GT ITC) per the convention measurement (international system) as defined at 46 CFR 69.51 through 69.61, as adopted September 12, 1989; or
4. A vessel propelled by a marine compression ignition engine with a per-cylinder displacement of greater than or equal to 30 liters.
"Off-road vehicle or equipment" means any non-stationary device, including registered motor vehicles, powered by an internal combustion engine or motor, used primarily off the highway to propel, move, or transport persons or property.
"Opacity" means the fraction of a beam of light, expressed in percent, which fails to penetrate a plume of smoke.
"Particulate matter" or "PM" means the particles found in the exhaust of CI engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical properties.
"Person" means an individual, public or private corporation, company, partnership, firm, association, society, joint stock company, international entity, institution, county, municipality, state, interstate body, the United States of America, or any agency, board, commission, employee, agent, officer, or political subdivision of a state, an interstate body, or the United States of America.
"Port" means a publicly or privately owned property located at a harbor or along a waterway where marine and port terminals typically operate by loading and unloading water-borne commerce onto and from ocean-going vessels; a port includes all terminals and property within the physical boundaries of the port or demarcated as the port on city or county land maps, as well as other contiguous properties owned or operated by the port. A port includes military terminals that operate cargo handling equipment when located as part of, or on contiguous properties with, nonmilitary terminals.
"Portable CI engine" means a compression ignition engine designed and capable of being carried or moved from one location to another. Indicators of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. Portable engines are not self-propelled.
"Purchased" means the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest.
"Reach stacker" means an off-road truck-like cargo container handler that uses an overhead telescopic boom that can reach across two or more stacks of cargo containers and lift the containers from the top.
"Registered motor vehicle" means cargo handling equipment that is registered as a motor vehicle pursuant to N.J.S.A. 39:3-4.
"Rent" means payment for the use of cargo handling equipment for a specified term.
"Retirement" or "retire" means an engine or cargo handling equipment that will be taken out of service, will not be operated at any port or intermodal rail yard in New Jersey, and will not be replaced with a new engine or cargo handling equipment.
"Rubber-tired gantry crane" or "RTG crane" means an off-road overhead cargo container crane with the lifting mechanism mounted on a cross-beam supported on vertical legs that run on rubber tires. RTG cranes do not include gantry cranes that operate on steel wheels and rails.
"Side handler" or "side pick" means an off-road truck-like cargo container handler that uses an overhead telescopic boom to lift empty or loaded cargo containers by grabbing either two top corners on the longest side of a container, both arms of one side of a container, or both top and bottom sides of a container.
"Sweeper" means an off-road vehicle with attached brushes underneath that sweep the ground and pick up dirt and debris.
"Terminal" means a facility, including one owned or operated by the Department of Defense or the U.S. military services, that handles cargo at a port or intermodal rail yard.
"Top handler" or "top pick" means an off-road truck-like cargo container handler that uses an overhead telescopic boom to lift empty or loaded cargo containers by grabbing the top of the containers.
"Two-year average annual cargo throughput" means the arithmetic average of the annual cargo throughput, not including petroleum products, as reported by the U.S. Army Corps of Engineers, Waterborne Commerce Statistics Center, for the most recently reported calendar year and the calendar year immediately preceding that year.
"Ultra-low sulfur diesel" or "ULSD" means a diesel fuel with a maximum sulfur concentration of 15 parts per million.
"Urban area" means a densely developed territory that contains 50,000 or more people, as reported by the latest U.S. Census Bureau census.
"Verification Procedure, Warranty, and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)" means the CARB regulatory procedure codified at 13 CCR 2700-2710, which is incorporated herein by reference, that engine manufacturers, sellers, owners, or operators may use to verify the reductions of diesel PM and/or NOx from in-use diesel engines using a particular emission control strategy.
"Verified diesel emission control strategy" or "VDECS" means an emission control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" at 13 CCR 2700.
"Warranty period" means the period of time and/or mileage that a vehicle, engine, or part is covered by the engine manufacturer's new engine warranty provisions.
"Water-borne commerce" means the movement of materials, goods, or commodities using vessels or other craft plying upon navigable waters of the United States.
"Yard truck" means an off-road mobile utility vehicle with or without chassis that is used to carry cargo containers. A yard truck is also known as a utility tractor rig (UTR), yard tractor, yard goat, yard hostler, yard hustler, or prime mover.
"Zero-emission" means an engine or equipment that does not produce exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas, excluding emissions from air conditioning systems, under any possible operational modes or conditions.