N.J.A.C. 7:27 — AIR POLLUTION CONTROL (Subchapter 1 to 34)

(a) Except as provided at N.J.A.C. 7:27-24.2 and in (c), (d) and (j) below, no person shall sell, offer for sale, hold for sale, distribute for sale, supply for sale, or manufacture for sale in New Jersey a chemically formulated consumer product that belongs to a chemically formu…

(a) The manufacturer of a chemically formulated consumer product that is subject to this subchapter pursuant to N.J.A.C. 7:27-24.2(b)1 shall register or re-register (for manufacturers who have submitted registration prior to June 6, 2004) with the Department as follows: 1. The re…

(a) Each manufacturer of a chemically formulated consumer product subject to this subchapter pursuant to N.J.A.C. 7:27-24.2(b)1 shall keep the following records:1. The results of any testing performed to demonstrate compliance with a VOC content limit; 2. If compliance with a VOC…

(a) Upon the written request of the Department, any manufacturer of a chemically formulated consumer product subject to the requirements of this subchapter shall test any of its products that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for sa…

(a) Except as provided at N.J.A.C. 7:27-24.2(e) and (c) and (d) below, no person shall sell, offer for sale, hold for sale, advertise for sale, distribute for sale, supply for sale, or manufacture for sale in New Jersey on or after January 28, 2009, any portable fuel container, s…

(a) On and after January 1, 2005, a manufacturer of a spout, a portable fuel container, or a portable fuel container and spout that is subject to this subchapter pursuant to N.J.A.C. 7:27-24.2(b) shall clearly label the product as follows: 1. The following shall be displayed on a…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "ASTM" means the American Society for Testing and Materials. "Blender" means any person who carries out a blending process. "Blending process"…

Notes N.J. Admin. Code § 7:27-25.10 Recodified to N.J.A.C. 7:27-25:8 by R.1998 d.419, effective 8/17/1998 (operative September 9, 1999). See: 29 New Jersey Register 3222(a), 30 New Jersey Register 3025(b), 31 New Jersey Register 3087(b). Section was "Owner and operator responsibi…

Notes N.J. Admin. Code § 7:27-25.11 Recodified to N.J.A.C. 7:27-25:9 by R.1998 d.419, effective 8/17/1998 (operative September 9, 1999). See: 29 New Jersey Register 3222(a), 30 New Jersey Register 3025(b), 31 New Jersey Register 3087(b). Section was "Service fees".

(a) This subchapter prescribes the rules of the Department for the control and prohibition of air pollution by vehicular fuels. This subchapter governs the standards for fuels used as motor vehicle fuels and provided for use as motor vehicle fuels in the State and the methods to …

(a) Except as provided for use in (b) and (h) below, no refiner, importer, blender, distributor, wholesale purchaser-consumer, or retailer shall provide, store, offer for sale, sell, transport, import, or exchange in trade for use in New Jersey during the RVP control period each …

(a) Each refiner, importer, blender or distributor shall: 1. During any applicable control period established pursuant to N.J.A.C. 7:27-25.3, test all gasoline prior to its release from a refinery, import facility, blending facility or distribution facility for use in a control a…

(a) The Department and its representatives shall have the right to enter and inspect any site, building or equipment, or any portion thereof, at any time, in order to ascertain compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C, this chapter, any perm…

If at any time a refiner, importer, blender, distributor, wholesale purchaser-consumer or retailer comes to the conclusion that the requirement of supplying 9.0 psi RVP gasoline during the control period May 1 through September 15 will cause an imminent shortage of gasoline such …

(a) The Department may, at its discretion, issue an exemption allowing any person to store, transfer, or use non-conforming gasoline, provided the gasoline is used solely for the purpose of research, product development, and trial use. (b) Application for an exemption shall be ma…

The owner and operator of any facility subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the owner and operator to civil penalties in accordance wit…

(a) Any person who applies for an exemption pursuant to N.J.A.C. 7:27-25.7 shall submit with the application, as an integral part thereof, a non-refundable service fee of $ 500.00. (b) Any person to whom the Department has issued an exemption pursuant to N.J.A.C. 7:27-25.7 shall …

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "Acrylonitrile-butadiene-styrene" or "ABS welding adhesive" means any adhesive intended by the manufacturer to weld acrylonitrile-butadiene-st…

(a) Except as provided in N.J.A.C. 7:27-26.4, this subchapter applies to any person who:1. Sells, supplies for sale, offers for sale or manufactures for sale in New Jersey any adhesive, sealant, adhesive primer or sealant primer for use in New Jersey; or 2. For compensation, uses…

(a) Except as provided in N.J.A.C. 7:27-26.4(e), (g), (i) and (l), on and after January 1, 2009, no person shall manufacture for sale in New Jersey any adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limits specified in Table 1 below. …

(a) The requirements of this subchapter do not apply to the following compounds: 1. Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any laboratory testing (including testing by research and development, quality assurance or analytical laborat…

(a) Any person subject to this subchapter pursuant to N.J.A.C. 7:27-26.2(a) to whom the Department has issued an air permit under N.J.A.C. 7:27-8 for any operation that involves the use or application of an adhesive, sealant, adhesive primer or sealant primer shall maintain recor…

(a) On and after January 1, 2009, each manufacturer of an adhesive, sealant, adhesive primer or sealant primer subject to this subchapter shall display the following information on the product container or label: 1. A statement of the manufacturer's recommendation regarding thinn…

(a) The manufacturer of an adhesive, sealant, adhesive primer or sealant primer who uses a date-code other than the YY DDD format as described at N.J.A.C. 7:27-26.7(b) to comply with N.J.A.C. 7:27-26.7(b) shall register that product and an explanation of the date-code with the De…

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. "Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid parti…

Failure to comply with any provision of this subchapter shall subject the owner or operator to civil administrative penalties in accordance with N.J.A.C. 7:27A-3 and applicable civil and criminal penalties including, but not limited to, those set forth at N.J.S.A. 2C-28.3 and N.J…

If any portion of this subchapter or the application thereof to any person or circumstance is adjudged invalid or unconstitutional by a court of competent jurisdiction, the remainder of this subchapter and the application thereof to other persons or circumstances shall not be aff…

(a) This subchapter establishes the requirements and procedures concerning the control and prohibition of air pollution by mercury. This subchapter applies to the following: 1. Any municipal solid waste incinerator, including any municipal solid waste incinerator located at an ap…

(a) Each owner or operator of any equipment or source operation subject to this subchapter is responsible for ensuring compliance with all applicable requirements of this subchapter. (b) If there is more than one owner or operator of the equipment or source operation, each owner …

(a) Each owner or operator of an MSW incinerator of any size shall operate the MSW incinerator in accordance with provisions specified in either (a)1 or 2 below. Compliance with this standard shall be measured pursuant to (b) below. 1. The emissions of mercury from any MSW incine…

(a) Each owner or operator of an HMIW incinerator of any size shall operate the incinerator in accordance with (b) below. The owners or operators of co-fired combustors are not subject to the requirements of this section. Any co-fired combustors which are co-fired with municipal …

(a) On and after January 3, 2010, each owner or operator of an iron or steel melter of any size shall operate the iron or steel melter in accordance with the provisions specified in either (a)1 or 2 below. Compliance with this standard shall be measured pursuant to (b) below. 1. …

(a) On and after December 15, 2007, each owner or operator of a coal-fired boiler of any size shall operate the coal-fired boiler in accordance with the provisions specified in either (a)1 or 2 below, except as specified in (d), (e), or (k) below. Compliance with this standard sh…

(a) Stack emission testing performed pursuant to this subchapter shall be conducted in accordance with a test protocol approved by the Department. To obtain the approval of the Department of a test protocol, the owner or operator of any source subject to this subchapter shall sub…

(a) Unless prior approval is granted by the Department for later submittal, the owner or operator of any source subject to this subchapter shall submit a copy of the report of the results of the stack emission testing, including all test runs, conducted within 60 calendar days af…

Notes N.J. Admin. Code § 7:27-28.1 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 New Jersey Register 5620(a), 37 New Jersey Register 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.10 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 New Jersey Register 5620(a), 37 New Jersey Register 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.2 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 New Jersey Register 5620(a), 37 New Jersey Register 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.3 New Rule, R.2001 d.446, effective 12/3/2001 (operative December 27, 2001). See: 33 New Jersey Register 2381(a), 33 New Jersey Register 4128(b). Recodified from N.J.A.C. 7:27-26.8 by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005…

Notes N.J. Admin. Code § 7:27-28.4 Recodified from N.J.A.C. 7:27-26.9 and amended by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 N.J.R. 5620(a), 37 N.J.R. 4429(a). Rewrote the section. Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.5 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 N.J.R. 5620(a), 37 N.J.R. 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.6 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 New Jersey Register 5620(a), 37 New Jersey Register 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.7 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 N.J.R. 5620(a), 37 N.J.R. 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

Notes N.J. Admin. Code § 7:27-28.8 New Rule by R.2001 d.446, effective 12/3/2001 (operative December 27, 2001). See: 33 New Jersey Register 2381(a), 33 New Jersey Register 4128(b). Recodified from N.J.A.C. 7:27-26.10 and amended by R.2005 d.414, effective 11/21/2005 (operative De…

Notes N.J. Admin. Code § 7:27-28.9 New Rule by R.2005 d.414, effective 11/21/2005 (operative December 24, 2005). See: 36 New Jersey Register 5620(a), 37 New Jersey Register 4429(a). Reserved by 55 N.J.R. 1005(a), effective 5/15/2023

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Advanced technology partial zero emission vehicle" or "ATPZEV" means a vehicle certified as an advanced technology partial zero emission…

(a) Each manufacturer of a vehicle subject to N.J.A.C. 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, a…

(a) In addition to the reporting requirements in N.J.A.C. 7:27-29.7, ZEV Credit Bank, and 29.8, Fees, beginning with the 2009 model year, each manufacturer of a vehicle subject to N.J.A.C. 7:27-29.3(a) shall submit annually to the Department, no later than March 1 following the c…

(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…

(a) Unless specifically excluded by this subchapter, when a provision of the CCR is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, and publications are also incorporated by reference. (b) Prospective incorporation by reference means …