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

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. Notes N.J. Admin. Code § 7:27-29.14

(a) This subchapter establishes in the State a LEV program, which incorporates the requirements of the California LEV program. (b) The LEV program shall apply to all model year 2009 through model year 2025 motor vehicles that are passenger cars and light-duty trucks subject to th…

(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 …

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. Notes N.J. Admin. Code § 7:27-29.4 Amended by 55 N.J.R. 2481(b), effective 12/18/2023

(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 196…

(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…

(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 acco…

(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 …

(a) Each new vehicle model subject to N.J.A.C. 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 sha…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Department" means the Department of Environmental Protection. "Direct heat exchanger" means equipment in which heat from the combustion …

(a) No person shall cause, suffer, allow or permit visible smoke to be emitted into the outdoor air from the combustion of fuel in any stationary indirect heat exchanger except as provided in (b) below. (b) No person shall cause, suffer, allow or permit smoke the shade or appeara…

(a) No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 1 on the Ringelmann smoke chart or greater than 20 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion o…

No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 2 on the Ringelmann smoke chart or greater than 40 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fu…

No person shall cause, suffer, allow or permit smoke the shade or appearance of which is darker than number 1 on the Ringelmann smoke chart or greater than 20 percent opacity, exclusive of visible condensed water vapor, to be emitted into the outdoor air from the combustion of fu…

(a) Any person responsible for the construction, installation, alteration or use of an indirect heat exchanger shall, when requested by the department, provide the facilities and necessary equipment for determining the density or opacity of smoke being discharged into the open ai…

(a) The provisions of this subchapter shall not apply to the following: 1. A direct heat exchanger; 2. A manufacturing process; 3. A motor vehicle while operating upon a public highway; or 4. An emergency diesel generator that is located at a facility that generates electricity f…

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 op…

(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, appendi…

(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/colle…

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 no…

(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 Depart…

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 deter…

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, provi…

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 a…

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 pou…

(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 s…

(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, publications, and cross references are also incorporated by reference. (b) Supplements, amendments, an…

Notes N.J. Admin. Code § 7:27-32.1 Recodified to N.J.A.C. 7:27-30.152 N.J.R. 1015(b), effective 5/4/2020

(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 wi…

(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 N.J.A.C. 7:27-32.9; 2. Labeled in accordance with N.J.A.C. 7:27-32.10; and 3.Installed by an authorized installer. (b) In a…

(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 N.J.A.C. 7:27-32.7, complete and submit electronically to the Depart…

(a) An inventory submitted pursuant to N.J.A.C. 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;…

(a) An owner submitting a fleet retrofit plan or combined fleet retrofit plan pursuant to N.J.A.C. 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 dete…

(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 N.J.A.C. 7:27-32.7(b) that would include 75 or more regulated vehicles or pieces of regulated equipment, may pro…

(a) A fleet averaging plan must contain documentation demonstrating that use of BART to meet N.J.A.C. 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…

(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 Depart…

(a) The owner of a regulated on-road diesel vehicle, regulated solid waste vehicle, regulated commercial bus or piece of regulated off-road diesel equipment, or any combination thereof, shall ensure the installation and use of a retrofit device on each vehicle and equipment as re…

(a) The date on which all parts of a fleet plan have been approved and are in effect will serve as the anniversary date of the fleet plan approval. (b) The date on which the Department receives a notice of intent to comply will serve as the anniversary date of the notice. (c) Eve…

Notes N.J. Admin. Code § 7:27-32.2 Recodified to N.J.A.C. 7:27-30.252 N.J.R. 1015(b), effective 5/4/2020

(a) The Department will notify the owner of a regulated school bus, regulated vehicle or piece of regulated equipment of the availability of a one-page compliance form for each vehicle or piece of equipment for which the installation of a CCVS or BART is required. The compliance …

(a) As soon as practicable, but no later than 90 days after meeting the requirements of N.J.A.C. 7:27-32.18, the owner of any vehicle retrofitted under the provisions of this subchapter that is not required to be inspected under the periodic inspection program shall have the vehi…

(a) Each owner of a regulated school bus, regulated vehicle or regulated equipment shall keep in a single location at his or her place of business, available for Department inspection, the following: 1. The current and completed original compliance form pursuant to N.J.A.C. 7:27-…

(a) Any person seeking further information concerning this program or specific technical guidance for the preparation of fleet retrofit plans, combined fleet retrofit plans, and fleet averaging plans required pursuant to this section and any revisions, supplements, or modificatio…

(a) The State Treasurer will reimburse the authorized installer of a retrofit device or closed crankcase ventilation system for the purchase and installation costs incurred in installing the retrofit device or closed crankcase ventilation system pursuant to the requirements of th…

(a) The State Treasurer may recover any reimbursement from the fund, upon a finding that: 1. The purchase or installation of a CCVS or BART on the vehicle or equipment for which the application for reimbursement was filed was not completed; or 2.The applicant for reimbursement: i…

Notes N.J. Admin. Code § 7:27-32.3 Recodified to N.J.A.C. 7:27-30.352 N.J.R. 1015(b), effective 5/4/2020

Notes N.J. Admin. Code § 7:27-32.4 Recodified to N.J.A.C. 7:27-30.452 N.J.R. 1015(b), effective 5/4/2020

Notes N.J. Admin. Code § 7:27-32.5 Recodified to N.J.A.C. 7:27-30.552 N.J.R. 1015(b), effective 5/4/2020

Notes N.J. Admin. Code § 7:27-32.6 Recodified to N.J.A.C. 7:27-30.652 N.J.R. 1015(b), effective 5/4/2020

Notes N.J. Admin. Code § 7:27-32.7 Recodified to N.J.A.C. 7:27-30.752 N.J.R. 1015(b), effective 5/4/2020