reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 7:27E-1.3 - Adjustment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will increase the fees at N.J.A.C. 7:27E-2.2 and 3.3, in accordance with the schedule at Table 1 below.
1. Every five years, the fees shall be adjusted by the previous five-year cumulative inflation factor, rounded down to the next five-dollar increment. The Consumer Price Index, which is used to calculate the five-year cumulative inflation factor, shall be calculated using the Annual Average from the Annual Average Consumer Price Index, for All Urban Consumers (CPI-U): U.S. City Average, all items, index averages. This data is published annually by the U.S. Department of Labor and is available at
http://www.bls.gov/cpi/tables/supplemental-files/home.htm
.
2. The Recent CPI-U shall equal the most currently published Annual Average CPI-U before January 1 of the next five-year period at Table 1. The Base CPI-U shall equal the Annual Average CPI-U for the fifth year prior to the Recent CPI-U.
Table 1
Five-Year Period
Base CPI-U
Recent CPI-U
June 21, 2022 through December 31, 2025
N/A
2019 Annual Average
January 1, 2026 through December 31, 2030
2019 Annual Average
2024 Annual Average
January 1, 2031 through December 31, 2035
2024 Annual Average
2029 Annual Average
The first period begins on June 21, 2022, and is less than five full calendar years.
3. If the inflation factor is a negative number, the fee shall remain unchanged.
4. The Department will publish a notice of administrative change announcing the adjustment and the amount of the adjusted fees in the New Jersey Register.
5. The adjusted fees shall be operative starting the first day of each five-year period stated at Table 1 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 7:27E-1.4 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
All information submitted to the Department pursuant to this chapter 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 and the Department determines that the information is entitled to confidential treatment. 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 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 7:27E-1.5 - Right to enter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, and its representatives, shall have the right to enter and inspect, at any time, any facility, building, or portion thereof, including all documents and equipment on the premises, in order to ascertain compliance or noncompliance with this chapter. This right is absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials, as requested, and compliance with appropriate safety standards.
(b) No person shall obstruct, hinder, or delay the Department, or its representatives, in its exercise of its rights pursuant to (a) above.
(c) An owner or operator of a facility, and any appropriate employee or representative of any owner or operator, shall, upon request, assist the Department and its representatives in the performance of any inspection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 7:27E-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause, or portion of this chapter, 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 subchapter, 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 chapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 7:27E-1.7 - Civil administrative penalties and requests for administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Penalties for violations of the provisions of this chapter and the procedure for requesting an adjudicatory hearing are provided at N.J.A.C. 7:27A, Air Administrative Procedures and Penalties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 2 - REGISTRATION AND REPORTING FOR REFRIGERATION SYSTEMS › Section 7:27E-2.1 - Registration requirements for a facility with one or more refrigeration systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a facility with one or more refrigeration systems with a full charge greater than or equal to 50 pounds of high-GWP refrigerant shall electronically register the facility with the Department through the online business portal at NJDEPonline.com , in accordance with (b) below, by the following dates:
1. October 1, 2022, where the facility had at least one refrigeration system installed on or before June 21, 2022; or
2. Ninety days after installation of the first refrigeration system at a facility that had no refrigeration systems before June 21, 2022.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 2 - REGISTRATION AND REPORTING FOR REFRIGERATION SYSTEMS › Section 7:27E-2.2 - Registration fee

Current through Register Vol. 56, No. 14, July 15, 2024
The owner or operator of a facility subject to registration in accordance with N.J.A.C. 7:27E-2.1shall pay the registration fee through the Department's online business portal at NJDEPonline.com or by submitting payment to the Treasurer, State of New Jersey. The initial registration fee is $400.00. The registration fee cannot be prorated or refunded. The Department will not register a facility or
renew a registration until it receives the appropriate fee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 2 - REGISTRATION AND REPORTING FOR REFRIGERATION SYSTEMS › Section 7:27E-2.3 - Reporting requirements for a facility with one or more refrigeration systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a facility subject to registration in accordance with this subchapter shall electronically submit through the Department's online business portal (NJDEPonline.com) an annual Facility Refrigeration System Report that contains the information specified at (b) below. The report shall be submitted to the Department in accordance with the following schedule:
1. A facility with one or more refrigeration systems on or before June 21, 2022, shall submit to the Department, on or before April 1, 2023, an initial report for the period from October 1, 2022 through December 31, 2022. Subsequent reports shall be for a calendar year and shall be submitted by April 1 for the preceding calendar year.
2. All other facilities shall submit to the Department, on or before April 1 of the calendar year after installation of the first refrigeration system, an initial report for the period from the first day of the first month following installation or September 19, 2022, whichever is later, through December 31 of the year of installation. Subsequent reports shall be for a calendar year and shall be submitted by April 1 for the preceding calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 2 - REGISTRATION AND REPORTING FOR REFRIGERATION SYSTEMS › Section 7:27E-2.4 - Recordkeeping requirements for a facility with one or more refrigeration systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or operator of a facility registered in accordance with N.J.A.C. 7:27E-2.1shall maintain the following records for five years at the facility and make the records available to the Department upon request:
1. Records showing all refrigeration system service and refrigerant leak repairs;
2. Records showing each item required to be reported in the Facility Refrigeration System Report in accordance with N.J.A.C. 7:27E-2.3(b); and
3. Records of refrigeration system component data, measurements, calculations, and assumptions used to determine the full charge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 3 - REPORTING REQUIREMENTS FOR GAS PUBLIC UTILITIES › Section 7:27E-3.1 - Reporting requirements for gas public utilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A gas public utility operating within the State shall electronically submit through the Department's online business portal at NJDEPonline.com an annual Pipeline Modernization Report that contains the information specified at (b) below for mains and service lines in the State that are owned, leased, or controlled by the gas public utility. The Pipeline Modernization Report shall be submitted in accordance with the following schedule:
1. A gas public utility operating on or before June 21, 2022, shall submit to the Department, on or before June 15, 2023, an initial report for the period from July 1, 2022 through December 31, 2022. Subsequent reports shall be for a calendar year and shall be submitted by June 15 for the preceding calendar year.
2. A gas public utility that begins operation after June 21, 2022, shall submit to the Department, on or before June 15 of the calendar year after operation begins, an initial report for the period beginning the first of the month following operation through December 31. Subsequent reports shall be for a calendar year and shall be submitted by June 15 for the preceding calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 3 - REPORTING REQUIREMENTS FOR GAS PUBLIC UTILITIES › Section 7:27E-3.2 - Recordkeeping requirements for a gas public utility

Current through Register Vol. 56, No. 14, July 15, 2024
The gas public utility shall maintain, for five years, at the headquarters of the gas public utility, records of each item required in the Pipeline Modernization Report in accordance with N.J.A.C. 7:27E-3.1, and shall make the records available to the Department upon request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 3 - REPORTING REQUIREMENTS FOR GAS PUBLIC UTILITIES › Section 7:27E-3.3 - Reporting fee

Current through Register Vol. 56, No. 14, July 15, 2024
A gas public utility subject to this subchapter will be invoiced a reporting fee by the Department. The gas public utility shall pay the reporting fee by the invoice due date either through the Department's online business portal at NJDEPonline.com or by submitting payment to the Treasurer, State of New Jersey, at the address listed on the invoice. The initial reporting fee is $8,000. The reporting fee cannot be prorated or refunded.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes the criteria that shall govern and reduce emissions of carbon dioxide from the combustion of fossil fuels.
(b) The criteria governing emission reductions set forth in this chapter are part of a comprehensive strategy to reduce Statewide greenhouse gas emissions by 80 percent below the 2006 level by 2050, as required by the Global Warming Response Act, N.J.S.A. 26:2C-37 et seq.
(c) The Department may determine that the criteria governing the reduction of CO2 emissions, as set forth in this chapter, should be supplemented and/or amended, as needed.
(d) Compliance with any subchapter of this chapter shall not relieve any person of the obligation to comply with all other statutes, rules, permits, or orders administered or issued by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.2 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter, being necessary to promote the public health and welfare, and to protect the environment, shall be liberally construed to permit the Department to discharge its statutory functions under the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., generally, including the Global Warming Response Act, N.J.S.A. 26:2C-37 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.4 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
All information submitted to the Department pursuant to this chapter 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. 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 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.5 - Right to enter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, and its representatives, shall have the right to enter and inspect, at any time, any facility or building, or portion thereof, including all documents and equipment on the premises, in order to ascertain compliance or noncompliance with this chapter or with any preconstruction permit, certificate, operating permit, order, authorization or other legal document issued pursuant thereto, or to verify any information submitted to the Department. This right is absolute and shall not be conditioned upon any action by the Department, except the presentation of appropriate credentials as requested, and compliance with appropriate safety standards. This right includes, but is not limited to, the right to:
1. Enter upon the premises of the facility;
2. Sketch or photograph any portion of the facility;
3. Enter upon the premises of a facility where records are maintained under the conditions of this chapter or the preconstruction permit, certificate, or operating permit;
4. Review any records that must be kept under the conditions of the preconstruction permit, certificate, or operating permit;
5. Copy or photograph any records that must be kept under the conditions of this chapter or the preconstruction permit, certificate, or operating permit;
6. Inspect any part of the facility, including any equipment (including any equipment used for monitoring and any air pollution control apparatus), practices, or operations, regulated or required under this chapter or the preconstruction permit, certificate, or operating permit;
7. Interview any employee or representative of the owner or operator; and
8. Test or sample any substance or material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of this chapter, 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 subchapter, 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 chapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.7 - Civil administrative penalties and requests for administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Penalties for violations of the provisions of this chapter and the procedure for requesting an adjudicatory hearing are provided at N.J.A.C. 7:27A, Air Administrative Procedures and Penalties.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 1 - GENERAL PROVISIONS › Section 7:27F-1.8 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
Unless specifically stated otherwise in this subchapter, when a provision of a code, rule, or a standard or requirement that originated outside of the Department, is incorporated by reference, the provision is incorporated, as supplemented or amended, and includes all notes, comments, appendices, diagrams, tables, forms, figures, publications, and cross-references. Moreover, any other changes including, without limitation, repeals or stays that affect the meaning or operational status, brought about by either judicial or administrative action and adopted or otherwise noticed by the authority are incorporated by reference.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS › Section 7:27F-2.2 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes requirements and procedures concerning the control and prohibition of CO2 emissions from fossil fuel-fired EGUs and EGU facilities subject to this subchapter.
(b) The provisions of this subchapter shall apply to any owner and operator of an existing fossil fuel-fired EGU with a nameplate capacity equal to or greater than 25 MWe, a new fossil fuel-fired EGU with a nameplate capacity equal to or greater than 25 MWe, and a new fossil fuel-fired EGU with a nameplate capacity less than 25 MWe that is located at an EGU facility.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS › Section 7:27F-2.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner and operator of each fossil fuel-fired electric generating unit subject to this subchapter that is required to have a preconstruction or operating permit pursuant to N.J.A.C. 7:27-8 or 22 shall:
1. Submit to the Department a complete application for a new, renewed, or modified preconstruction or operating permit, in accordance with the requirements and deadlines specified in this subchapter, N.J.A.C. 7:27-8 or 22, as applicable;
2. Submit in a timely manner any supplemental information that the Department determines is necessary to review the application and issue or deny an initial or modified preconstruction or operating permit or operating permit renewal that includes the applicable emissions limitation and other requirements as set forth in this subchapter;
3. Operate the EGU in compliance with the emission limits of this subchapter as incorporated in the permit;
4. Comply with the following requirements of this subchapter:
i. Monitoring;
ii. Compliance demonstration procedure; and
iii. Recordkeeping requirements of this subchapter; and
5. Submit reports as required pursuant to N.J.A.C. 7:27-8 and 22 and the applicable preconstruction or operating permit and as requested by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS › Section 7:27F-2.4 - Permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to incorporate the applicable emission limit and other requirements set forth in this subchapter, the owner and operator of an existing EGU subject to this subchapter shall submit a complete application for a modification or renewal of its permit pursuant to N.J.A.C. 7:27-8 or 22, and in conformance with the requirements of this subchapter.
(b) The owner and operator of a new EGU subject to this subchapter shall submit an application for an initial or modified preconstruction or operating permit, as applicable, that shall include the following information, in a format prescribed by the Department:
1. Identification of the facility with the EGU(s) subject to this subchapter, including facility name and the assigned ORIS or facility code, if applicable;
2. Identification of each EGU at the facility; and
3. The monitoring, compliance demonstration, and recordkeeping requirements set forth at N.J.A.C. 7:27F-2.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS › Section 7:27F-2.5 - Emission limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator of an electric generating unit subject to this subchapter shall ensure that the unit complies with the applicable CO2 emission limit established at (b) through (e) below. Unless otherwise specified, the emission limits apply as of January 31, 2023.
(b) A new electric generating unit with a nameplate capacity equal to or greater than 25 MWe shall meet an emission rate of 860 pounds of CO2 per MWh gross energy output.
(c) A new electric generating unit with a nameplate capacity less than 25 MWe that is located at an EGU facility shall meet a case-specific output-based emission limit for CO2 that shall:
1. Be based on air pollution control technology, pollution prevention methods, and process modifications or substitutions that will provide the greatest emission reductions that are technologically and economically feasible;
2. Not have greater than 50 percent of the heat input be derived from solid fossil fuel or oil, unless the CO2 emission rate meets the CO2 emission limit at (b) above; and
3. Include the CO2 emissions from the gasifier, if the emission source(s) are directly attached to a gasifier.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS › Section 7:27F-2.6 - Monitoring, compliance demonstration, and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator of an EGU subject to this subchapter shall demonstrate compliance with the applicable emission limits specified at N.J.A.C. 7:27F-2.5 and /or in its permit through compliance with the monitoring, compliance demonstration, and recordkeeping requirements at 40 CFR 60.5535, 60.5540, and 60.5560, as incorporated herein by reference, including all notes, comments, appendices, diagrams, tables, forms, figures, publications, and cross-references. The monitoring, compliance demonstration, and recordkeeping requirements at 40 CFR 60.5535, 60.5540, and 60.5560 shall be adhered to in a manner consistent with the purpose of monitoring and recording for output-based CO2 emissions and determining compliance with the applicable outputbased emission limit set forth at N.J.A.C. 7:27F-2.5.
(b) An owner and operator of an EGU subject to this subchapter shall, in accordance with 40 CFR 60.5535:
1. Install all monitoring systems necessary to monitor CO2 emissions;
2. Successfully complete all certification test requirements applicable to the monitoring systems installed;
3. Record and quality-assure the data from the monitoring systems required;
4. Use monitoring procedures pertaining to EGUs with an output-based emission limit for CO2, except that the hourly CO2 mass emission rates may be calculated in pounds instead of kilograms, using the conversion factor of one short ton equals 2,000 lbs; and
5. The submission of the monitoring plan required at 40 CFR 60.5535(a) will be submitted to the Department as part of any permit action required pursuant to N.J.A.C. 7:27F-2.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS › Section 7:27F-2.7 - Reporting

Current through Register Vol. 56, No. 14, July 15, 2024
An owner or operator of a fossil fuel-fired EGU subject to this subchapter shall comply with the reporting requirements at N.J.A.C. 7:27-8 and 22 and the applicable preconstruction or operating permit. In accordance with N.J.A.C. 7:27-8.15 and 22.19, the owner or operator shall, upon the Department's request, submit any record relevant to the operating permit or to the emission of CO2 from the EGU within 30 days, or within a longer time period if approved, in writing, by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 3 - CARBON DIOXIDE EMISSION REDUCTIONS FROM FUELS › Section 7:27F-3.1 - 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.
"Fuel oil" means a liquid or liquefiable petroleum product derived directly or indirectly from crude oil, which is produced, manufactured, used, or sold for the generation of heat or power.
"No. 4 fuel oil" means a distillate fuel oil made by blending distillate fuel oil and residual fuel oil stocks. It conforms with ASTM Specification D 396 or Federal Specification VV-F-815C and is used extensively in industrial plants and in commercial burner installations that are not equipped with preheating facilities. It also includes No. 4 diesel fuel used for low- and medium-speed diesel engines and conforms to ASTM Specification D 975.
"No. 6 fuel oil" means fuel oil that includes Bunker C fuel oil and is used for the production of electric power, space heating, vessel bunkering, and various industrial purposes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 3 - CARBON DIOXIDE EMISSION REDUCTIONS FROM FUELS › Section 7:27F-3.2 - Carbon standard for fuels

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall store, offer for sale, sell, deliver, or exchange in trade No. 4 fuel oil or No. 6 fuel oil, for purposes of combustion in New Jersey, on or after January 31, 2023, except that
No. 4 fuel oil or No. 6 fuel oil that was stored in New Jersey before January 31, 2023, may be combusted, used, stored, offered for sale, sold, delivered, or exchanged in trade, in New Jersey, for two years after January 31, 2023.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS › Subchapter 3 - CARBON DIOXIDE EMISSION REDUCTIONS FROM FUELS › Section 7:27F-3.3 - Exemption

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall not apply to any person who stores, offers for sale, sells, delivers, or exchanges in trade No. 4 fuel oil or No. 6 fuel oil that meets Emission Control Area (ECA) marine fuel criteria established by Federal regulation at 40 CFR 80.2 and is for use by interstate and international shipping lines.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:28-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to prohibit and prevent the use or presence of unnecessary radiation in such manner as to be, or tend to be, injurious or dangerous to the health of the people or the industrial or agriculture potentials of the State, or to the ecology of the State and its wildlife.
(b) This chapter applies to all persons and persons licensed or registered by the Department to receive, possess, use, transfer, install, handle, transport, store, or dispose of ionizing radiation producing machines, non-ionizing radiation producing sources, diffuse technologically enhanced naturally occurring radioactive materials, diffuse accelerator-produced radioactive materials, by-product, source, or certain special nuclear material or to operate a production or utilization facility under N.J.A.C. 7:28-51 through 60. The limits in this chapter do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, to exposure from individuals administered radioactive material and released under 7:28-55.1, or to exposure from voluntary participation in medical research programs.
(c) The rules in this chapter establish standards for protection against ionizing radiation resulting from activities conducted under registrations or licenses issued by the Department.
(d) It is the purpose of the rules in this chapter to control the receipt, possession, use, transfer, and disposal of licensed material, ionizing radiation producing machines, or non-ionizing radiation producing sources by any licensee or registrant in such a manner that the total dose or exposure to an individual (including doses resulting from licensed and unlicensed radioactive material and from radiation sources other than background radiation) does not exceed the standards for protection against radiation prescribed in the rules in this chapter. However, nothing in this chapter shall be construed as limiting actions that may be necessary to protect health and safety.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:28-1.3 - Practice where rules do not govern

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may rescind, amend or expand these rules from time to time, in accordance with 26:2D-7, Chapter 116, Public Laws of 1958, as amended.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 7:28-1.5 - Communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Communications concerning this chapter, or matters relating to radiation protection, may be addressed to the New Jersey Department of Environmental Protection, Radiation Protection and Release Prevention, Mail Code 25-01, PO Box 420, Trenton, New Jersey 08625-0420. Telephone: (609) 984-5636, Fax: (609) 633-2210. The physical location of the office is 25 Arctic Parkway, Ewing, New Jersey 08638. Applications and forms may be obtained from the website at
http://www.state.nj.us/dep/rpp/index.htm
.
(b) Communications regarding radioactive materials including byproduct, source, special nuclear materials less than a critical mass, or diffuse naturally occurring radioactive materials except those communications related to 10 CFR 37.27, Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material, shall be addressed to the New Jersey Department of Environmental Protection, Bureau of Environmental Radiation, Mail Code 25-01, PO Box 420, Trenton, NJ 08625-0420. Telephone: (609) 984-5400, Fax: (609) 984-5595. The physical location of the office is 25 Arctic Parkway, Ewing, NJ 08638.
(c) All emergency notification of incidents involving sources of radiation in this State shall be immediately reported to either one of the following agencies:
1. Radiation Protection Element
New Jersey Department of Environmental Protection
25 Arctic Parkway
Ewing, NJ 08638
Telephone: (609) 984-5462
Hours: 8:00 A.M. to 5:00 P.M. daily, except Saturday, Sunday, and Holidays
After hours and weekends toll free: 1 (877) 927-6337 (1-877 WARN DEP)
2. Communications Officer
New Jersey State Police Office of Emergency Management
West Trenton, NJ 08628
Telephone: 609-882-2000
Hours: 24 hours, seven days.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.1 - Authorized use of sources of ionizing radiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall manufacture, use, operate, receive, possess, dispose, transfer, distribute or arrange for the distribution, sell, lease, install, transport or store sources of ionizing radiation in a manner other than prescribed in this chapter.
(b) No person shall cause, suffer, allow or permit any person to manufacture, use, operate, receive, possess, dispose, transfer, distribute or arrange for the distribution, sell, lease, install, transport or store sources of ionizing radiation in a manner other than prescribed in this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.2 - Supervision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All sources of radiation, except those specifically exempted by other sections of this chapter, shall be under the supervision of at least one person who has demonstrated to the Department, or to any agency recognized by the Department, that the person's training and experience satisfies the Department requirements in the following areas of radiation protection:
1. Principles and practices of radiation protection;
2. X-ray and/or radioactivity measurements and monitoring techniques and instruments;
3. Mathematics and calculations basic to the use of radiation;
4. Biological effects of radiation; and
5. Any additional information, qualifications or experience as may be required by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.3 - Instruction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons working in or frequenting the vicinity of radiation-producing machines or radioactive material shall be instructed in the operation and/or use of the sources of radiation and the function and need of any applicable safeguards for the sources of radiation, in accordance with preestablished procedures that have been documented and are on file for review and inspection.
(b) All visitors to controlled areas shall be instructed or escorted to prevent unnecessary exposure to radiation. See 7:28-6.1 (Standards for protection against radiation) and 7:28-7.4(a)4 (Use of personnel monitoring equipment for visitors).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.4 - Unattended radiation sources

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall cause, suffer, allow or permit any source of radiation to remain unattended and accessible to unauthorized use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.5 - Protective devices, systems or mechanisms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall operate a radiation-producing machine or utilize radioactive material whenever shielding for the source of radiation permits levels of radiation that exceed or have the potential to exceed the radiation limits specified in 7:28-6.1 (Standards for protection against radiation).
(b) No person shall operate a radiation-producing machine or utilize radioactive material whenever any device, system or mechanism designed for the protection against radiation required by this chapter has not been installed or is operating improperly.
(c) No person shall operate a radiation-producing machine or utilize a radioactive material whenever any device, system, or mechanism designed for the protection against radiation provided at the time of manufacture, installation, or retrofitted to the equipment is not operating properly.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.6 - Intentional human irradiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only persons licensed or otherwise permitted by law shall arrange for irradiation, application or administration of radiation to a human being or any part thereof, for the purpose of medical diagnosis or treatment.
(b) No provision in N.J.A.C. 7:28 regarding the treatment of human beings in the healing arts is intended to conflict with, supplant or supersede any requirement of the Medical Practices Act of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.7 - Exemptions for prevention or control of diseases

Current through Register Vol. 56, No. 14, July 15, 2024
Rules contained in N.J.A.C. 7:28-6 or 7 and 7:28-13.2 (Reportable radiation incidents) shall not apply insofar as they relate to the intentional exposure of human beings to radiation for the purpose of diagnosis, treatment or investigation for the prevention or control of disease.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.8 - Special exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
The Department, upon application and a showing of hardship or compelling need, with the approval of the Commission, may grant an exemption from any requirement of these rules should it determine that such exemption will not result in any exposure to radiation in excess of the limits permitted by N.J.A.C. 7:28-6, Standards for Protection Against Radiation, or 7:28-12, Remediation Standards for Radioactive Materials.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.9 - Prohibited use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hand-held fluoroscopic screens shall not be used.
(b) Shoe-fitting fluoroscopic devices shall not be used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.10 - Emergency precautions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All owners of radioactive materials shall make a study of potential radiation hazards which may arise from radiation incidents, theft of radioactive materials, fires, floods, windstorms and other disasters within and near the installation with regard to the protection of the following:
1. Tenants and employees;
2. Emergency workers;
3. General public; and
4. Fire fighters and police.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.11 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons shall afford the Department an opportunity to inspect any source of radiation and the operation associated with the source of radiation as well as the facilities and premises where the source of radiation is being used or stored.
(b) Upon request of the Department all persons shall make available for inspection by the Department records kept pursuant to the rules in N.J.A.C. 7:28.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.12 - Tests

Current through Register Vol. 56, No. 14, July 15, 2024
Upon request of the Department, all persons shall perform, and/or permit the Department to perform if it so desires, such tests as the Department deems appropriate or necessary for the administration of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 2 - USE OF SOURCES OF IONIZING RADIATION AND SPECIAL EXEMPTIONS › Section 7:28-2.13 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may obtain an injunction or other court order to prevent a violation of the provisions of:
1. The Act; or
2. A regulation or order issued pursuant to the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.1 - Registration for possession of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, manufacturer, dealer or State, county or local government shall register with the Department every ionizing radiation-producing machine possessed within the State of New Jersey except as exempted by 7:28-3.2.
(b) Any person, manufacturer, dealer or State, county or local government shall apply for such registration within 30 days after taking possession, custody or control of ionizing radiation-producing machines on forms available from the Department.
(c) Any person, manufacturer, dealer or State, county or local government shall retain a copy of the registration at the facility for inspection by employees and the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.2 - Exemptions from registration for possession of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ionizing radiation-producing machines not being used in such a manner as to produce radiation, such as equipment in storage or on display, are exempt from registration. Machines that are operated while on display must meet the requirements of 7:28-3.1.
(b) Electrical equipment that is not primarily intended to produce radiation and that does not produce radiation greater than 0.5 millirem per hour at any readily accessible point five centimeters from its surface is exempt from registration. Production-testing facilities for such equipment shall not be exempt if any individual might receive a radiation dose exceeding the limits established in 7:28-6.1.
(c) Ionizing radiation-producing machines possessed, stored or used by agencies of the United States Government are exempt from registration.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.3 - Registration of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Registration of ionizing radiation-producing machines shall pertain to each x-ray tube and its accompanying transformer, generator and control panel. If more than one x-ray tube operates off the same control panel, a separate registration is required for each tube.
(b) All registrations issued for ionizing radiation-producing machines shall expire pursuant to the schedule at 7:28-3.12(f)  or shall expire one year from the date of initial application as determined by the Department. Registrations are renewable by the registrant for a period of one year upon payment of the fee provided in 7:28-3.12.
(c) Applications for new registrations for ionizing radiation-producing machines will be accepted throughout the calendar year. The annual registration fee set forth in 7:28-3.12 shall be either prorated from the date the registration is issued until its expiration date pursuant to 7:28-3.12(f), except that the Department may issue a registration for an additional year when an application is initially filed during the last three months of the registration year, or shall be assessed in full from the date of application until its expiration date one year later as determined by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.4 - Temporary registration of ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, manufacturer, dealer or State, county or local government having temporary possession, custody or control of any ionizing radiation-producing machine for the purpose of replacing a registered machine that is out of service for a period longer than 60 days or for evaluation prior to purchase for a period longer than 60 days shall obtain a registration for temporary possession, custody or control of said machine.
(b) Application for temporary registration shall be submitted, on forms available from the Department, within 30 days after taking temporary possession, custody or control. No registration fee will be charged if the period of temporary possession, custody or control does not exceed 60 days. If the period exceeds 60 days, the annual registration fee for said machine set forth in 7:28-3.12 will be charged as of the date of application for the temporary registration.
(c) Within 30 days after relinquishment of temporary possession, custody or control of an ionizing radiation-producing machine, the registrant shall notify the Department in writing to terminate the temporary registration. The Department shall continue to charge a registration fee until a written notice of termination is received from the registrant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 28 - RADIATION PROTECTION PROGRAMS › Subchapter 3 - REGISTRATION OF IONIZING RADIATION-PRODUCING MACHINES › Section 7:28-3.6 - Transfer of registration for ionizing radiation-producing machines

Current through Register Vol. 56, No. 14, July 15, 2024
Registrations for ionizing radiation-producing machines are not transferable.