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

(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

(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…