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

Each manufacturer of a vehicle subject to N.J.A.C. 7:27-28A.3 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 California Cod…

(a) Any order or enforcement action taken by the 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 California Code of Regulations identified at N.J.A…

(a) Any person who operates a place of business that sells, leases, or rents new MY 2027 or later motor vehicles rated in excess of 8,500 pounds GVWR or new model year 2027 or later motor vehicle engines intended for use in motor vehicles rated in excess of 8,500 pounds GVWR in t…

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 …

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. "Business" means an occupation, profession, or trade; a person or partnership or corporation engaged in commerce, manufacturing, or a se…

(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 tha…

(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 transfe…

(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 volu…

(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…

(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., th…

(a) Unless specifically excluded by this subchapter, when a provision of the CCR or the California Vehicle Code is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, publications, and cross-references are also incorporated by reference, …

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;…