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

(a) Except as set forth in (b) below, the owner of a vehicle or equipment that is subject to N.J.A.C. 7:27-32.7(a) or (b)1 shall ensure that the vehicle or equipment is retrofitted using BART no less stringent than the minimum BART level for that vehicle or equipment, as set fort…

(a) Each closed crankcase ventilation system or BART must be accompanied by a warranty whereby the manufacturer and the installer warrant, at a minimum: 1. To the owner of the regulated vehicle or piece of regulated equipment, the full repair and replacement cost of the BART, inc…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Backup vehicle" means a self-propelled motor vehicle designed for on-highway use that is used intermittently to maintain service during…

The purpose of this subchapter is to collect information to understand the use cases of zero-emission vehicles with a GVWR of more than 8,500 pounds in New Jersey and to inform potential future strategies to accelerate the sales of zero-emission vehicles in these weight classes i…

(a) The provisions of this subchapter apply to each of the following entities: 1. Any entity with gross annual revenues greater than $ 50 million in the United States for the 2022 tax year, including revenues from all subsidiaries, subdivisions, or branches, that operated a facil…

(a) An entity subject to this subchapter shall submit the information specified at N.J.A.C. 7:27-33.6 and 33.7 to the Department by April 1, 2023, through the web portal to be established on the www.stopthesoot.org website. (b) All submissions to the web portal shall include a ce…

(a) An entity subject to this subchapter shall maintain the records used to compile responses to N.J.A.C. 7:27-33.6 and the data and analysis period used for N.J.A.C. 7:27-33.7f or a period of five years after the reporting deadline. Records shall include the following: 1. For ow…

(a) An entity subject to this subchapter shall report the following general information, as applicable: 1. Entity name and fictitious business name; 2. Mailing address including street name or PO box, city, state, and zip code; 3. Name of the designated responsible official; 4. D…

(a) An entity subject to this subchapter shall report general information about the vehicle home base of all on-road vehicles as specified at (b) below and information about vehicle operating characteristics for vehicles domiciled or assigned to each vehicle home base as specifie…

The purpose of this subchapter is to reduce oxides of nitrogen (NOx) and particulate matter (PM) emissions from cargo handling equipment with diesel-fueled compression ignition engines that operate at ports and intermodal rail yards in the State of New Jersey. Notes N.J. Admin. C…

(a) An owner or operator may request that the Department approve an alternate compliance option if it cannot meet the performance standards at N.J.A.C. 7:27-34.5 through 34.7, as applicable. The compliance options are:1. Approval to use the best available control technology for a…

(a) An owner or operator may request approval to apply the best available control technology for a new non-yard truck that is not registered as a motor vehicle or an in-use non-yard truck, if it cannot meet the performance standards at N.J.A.C. 7:27-34.5 and 34.7. (b) The Departm…

(a) An owner or operator may apply to implement a fleet averaging plan in lieu of the requirements at N.J.A.C. 7:27-34.5, 34.6, and 34.7. (b) The following requirements apply to an application for approval of a fleet averaging plan: 1. An applicant for a fleet averaging plan shal…

(a) An owner or operator may apply for an extension of the deadline to comply with N.J.A.C. 7:2734.6 and 34.7 for the following: 1. The new cargo handling equipment or engine was purchased to comply with N.J.A.C. 7:27-34.6 or 34.7, but has not been received due to manufacturer de…

(a) An owner or operator may request a compliance extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 or 34.7, if the new cargo handling equipment or engine was purchased to comply with N.J.A.C. 7:27-34.6 or 34.7, but has not been received due to manufacturer del…

(a) An owner or operator may request a compliance extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 and 34.7, for any piece of cargo handling equipment that is operated less than 200 hours annually. An extension under this section shall be for no longer than tw…

(a) An owner or operator may request an extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 and 34.7 for any piece of in-use cargo handling equipment that the owner or operator requests to replace with zero-emission cargo handling equipment. (b) The Department wi…

(a) An owner or operator may request approval to transfer non-yard trucks between two port terminals or intermodal rail yards. (b) No person may operate any transferred cargo handling equipment that does not meet the performance standards set forth at N.J.A.C. 7:27-34.5, unless t…

If a port that has been exempt from this subchapter in accordance with N.J.A.C. 7:27-34.2(a)7 because it is classified as a low-throughput port subsequently exceeds the two-year average annual cargo throughput limit, or the port becomes part of an urban area, each owner or operat…

(a) Any owner or operator subject to this subchapter shall submit an annual report through the web portal at www.stopthesoot.org. All submissions to the web portal shall include a certification(s), as provided at N.J.A.C. 7:27-1.39. (b) An owner or operator shall submit the initi…

(a) Beginning January 1, 2023, an owner or operator subject to this subchapter shall maintain the following records or copies of records at a single location at the port or intermodal rail yard where the equipment is operated or normally resides: 1. Any documents that may be requ…

(a) Except as otherwise provided, this subchapter applies to: 1. Any person who owns or operates a terminal or business at a port in New Jersey and operates cargo handling equipment at that location; 2. Any person who owns or operates an intermodal rail yard in New Jersey and ope…

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 pur…

(a) Any person who owns or operates a terminal or business at a port in New Jersey and operates cargo handling equipment at that location is required to keep all cargo handling equipment subject to this subchapter in compliance with the requirements of this subchapter at all time…

(a) On or after March 1, 2025, any new cargo handling equipment that is a registered motor vehicle shall be equipped with a certified on-road engine for the model year in which the cargo handling equipment and engine is newly purchased, leased, or rented. (b) Except as otherwise …

(a) In accordance with the schedule at Table 1, any in-use yard truck shall be equipped with one of the following: 1. A certified on-road engine for the model year of the year purchased, rented, or leased; 2. A certified Tier 4 final off-road engine; or 3. A certified engine and …

(a) Except as otherwise provided, in accordance with the schedule at Table 1 above, any in-use nonyard truck shall be equipped with: 1. A certified on-road engine or certified Tier 4 final off-road engine; 2. An engine or power system that is certified to the Tier 4 Alternate PM …

(a) Except as provided at (c) below, on or after March 1, 2025, for new cargo handling equipment and on or after the compliance deadlines at Table 1 above for in-use cargo handling equipment, or any approved compliance extension(s), any cargo handling equipment subject to this su…

Any in-use cargo handling equipment that is repowered with a replacement diesel-fueled CI engine is considered to be newly purchased, leased, or rented equipment and must meet the requirements at N.J.A.C. 7:27-34.5, unless the engine was replaced by the manufacturer due to failur…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Air contaminant" means solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere. "Construct" …

(a) On and after May 19, 2009, this subsection shall not apply to any coal-fired boiler that is regulated by (b) below. On and after December 15, 2012, this subsection shall not apply to any coal-fired boiler that is regulated by (c) below. No person shall cause, suffer, allow or…

(a) For purposes of measuring emissions in accordance with the provisions of this subchapter, particles shall be drawn by isokinetic procedures from the stack or chimney and the weight of the particles determined gravimetrically after removal of uncombined water. (b) The measured…

(a) Any person responsible for the emission of particles, arising from the combustion of fuel shall, when requested by the department, provide such sampling facilities exclusive of instrumentation and sensing devices as may be necessary for the department to determine the rate at…

§ 7:27-4.5 - Reserved Notes N.J. Admin. Code § 7:27-4.5

(a) The provisions of this subchapter shall not apply: 1. When the heat input rate to the fuel burning equipment is less than 1,000,000 British Thermal Units per hour; 2. To marine installations, vehicles or other movable or portable equipment; 3. To direct heat exchangers. Notes…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or t…

(a) Notwithstanding compliance with other subchapters of this chapter, no person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution as defined herein. (b) The provisions of subsection (a) of …

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Air contaminant" means solid particles, liquid particles, vapors or gases which are discharged into the outdoor atmosphere. "Control app…

(a) No person shall cause, suffer, allow or permit particles as measured by the performance test principles set forth in section 3 of this subchapter to be emitted from any source operation, except as provided in subsection (b) of this section, through any stack or chimney into t…

(a) For purposes of measuring emissions in accordance with the provisions of section 2(a) and (b) of this subchapter, particles shall be drawn by isokinetic procedures from the stack or chimney and the weight of the particles determined gravimetrically after removal of uncombined…

(a) Any person responsible for the emission of particles from a source operation shall, when requested by the department, provide the facilities and necessary equipment for determining the opacity of emissions being discharged through a stack or chimney and shall conduct such opa…

(a) Whenever a person responsible for the emission of particles from a source operation believes that advances in the art of control for the kind and amount of particles emitted has not developed to a degree which would enable the requirements of section 2 of this subchapter to b…

§ 7:27-6.6 - Reserved Notes N.J. Admin. Code § 7:27-6.6

(a) The provisions of this subchapter shall not apply: 1. To indirect heat exchangers; 2. To incinerators. Notes N.J. Admin. Code § 7:27-6.7

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Adjusted stack height" means the stack height modified by either a stack height adjustment factor or a stack height adjustment in feet. …

(a) No person shall cause, suffer, allow or permit sulfur compounds in the form of gases, vapors or liquid particles to be discharged from any stack or chimney into the outdoor atmosphere except as provided in this Section. (b) Whenever the discharge from a stack or chimney inclu…

No person shall cause, suffer, allow, or permit hydrogen sulfide to be emitted from a sanitary landfill, legacy landfill, or closed sanitary landfill facility, as defined in the Solid Waste rules at N.J.A.C. 7:26-1.4 and 2A.9(b), in a concentration greater than 30 parts per billi…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. "Actual emissions" means the rate at which an air contaminant is actually emitted, either directly or indirectly, to the outdoor atmosphere, i…

(a) The Department shall seek comments from the general public prior to making any final decision on those applications for which such comment is required by State or Federal statutes. Such applications include, but are not limited to, those applications which: 1. Are subject to …

(a) To obtain approval of a permit and certificate, a permit revision, or a compliance plan change, an applicant shall document that: 1. Each significant source included on the application meets all of the following standards which apply: i. RACT requirements under N.J.A.C. 7:27-…