N.J. Admin. Code § 7:27-29.13

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:27-29.13 - Incorporation by reference

(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 the ongoing process, beginning January 27, 2006, whereby all provisions of regulations incorporated into this subchapter from the CCR, as set forth in Table 1 below, are continually automatically updated in order to maintain consistency with the most current CCR. Thus, any supplements, amendments, and any other changes including, without limitation, repeals or stays that affect the meaning or operational status of a California rule, brought about by either judicial or administrative action and adopted or otherwise noticed by the state of California, shall be paralleled by a similar change to the New Jersey rule so that the New Jersey rule will have the same meaning and status as its California counterpart. Similarly, to maintain consistency, all applicable new California regulations are also adopted into this subchapter by this automatic process.

(c) Provisions of the CCR that are excluded from incorporation by reference in these rules are excluded in their entirety, unless otherwise specified. If there is a cross reference to a California citation which was not specifically incorporated, the cross referenced citation is not incorporated by virtue of the cross reference. Provisions that have been excluded from incorporation by reference are also excluded from the process of prospective incorporation by reference.

(d) In the event that there are inconsistencies or duplications in the requirements of the provisions incorporated by reference from the CCR and the rules set forth in this subchapter, the provisions incorporated by reference from the CCR shall prevail.

(e) Nothing in these provisions incorporated by reference from the CCR shall affect the Department's authority to enforce statutes, rules, permits or orders administered or issued by the Commissioner.

(f) On or after January 27, 2006, new California rules, amendments, supplements, and other changes, brought about through administrative or judicial action, automatically incorporated through the prospective incorporation by reference process, shall be effective upon publication in the California Regulatory Notice Register and operative on the operative date cited by California in the relevant California Regulatory Notice Register notice, unless the Department publishes a notice of proposal repealing the adoption in New Jersey of the California regulation in whole or in part, and/or proposing to otherwise amend the affected State rules.

(g) The following documents and sources are incorporated by reference within this subchapter:

Data in image

(h) Any of the documents in (e) above may be obtained by contacting: Department of Environmental Protection

Division of Air Quality

Office of Air Quality Management

Bureau of Mobile Sources

401 East State Street

Mail Code 401-03G

PO Box 420

Trenton, New Jersey 08625-0420

Attention: LEV Program

They may also be obtained by contacting: State of California

Office of Administrative Law

300 Capitol Mall, Suite 1250

Sacramento, California 95814-4339

or at the California Office of Administrative Law website at http://www.oal.ca.gov.

N.J. Admin. Code § 7:27-29.13

Administrative change.
See: 43 N.J.R. 2328(a).