N.J. Admin. Code § 7:27-34.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-34.10 - Alternate compliance option, generally

(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 new non-yard truck that is not registered as a motor vehicle, or an in-use non-yard truck, if a compliant non-yard truck is not available; and

2. A fleet averaging plan, provided the fleet averaging plan or 34.7, as applicable.

(b) An owner or operator shall not operate any cargo handling equipment under an alternate compliance option unless the Department notifies the applicant, in writing, that the alternate compliance option is approved.

(c) If the Department approves an alternate compliance option, the owner or operator shall operate the subject cargo handling equipment in accordance with the approval.

(d) The owner or operator shall submit its application at least 90 days prior to the applicable compliance deadline.

(e) The owner or operator shall submit its application on a form available at www.stopthesoot.org. The application shall include:

1. Owner or operator name, address, and contact information;

2. Equipment and engine information, including make, model, serial number, and other information that uniquely identifies the equipment or engine for which an alternate compliance option is sought;

3. Proposed fleet averaging plan, if applicable; and

4. Any other information necessary for the Department's evaluation of the fleet averaging plan.

(f) Within 30 days after receipt of an application, the Department will notify the applicant if the application is administratively complete or incomplete.

1. If the application is incomplete, the Department will notify the applicant of the additional information required and provide a reasonable due date by which the applicant shall submit the information to the Department. Upon determining that the application is complete, the Department will notify the applicant.

2. The Department may request additional information relevant to the required demonstrations at N.J.A.C. 7:27-34.10, 34.10A, or 34.10B from an applicant at any time after the submittal of an application, regardless of whether the application is administratively complete at the time of the Department's information request. A Department request for additional information shall not alter the completeness status of the application.

3. If an applicant fails to submit the information requested by the due date, the Department will deny the application.

(g) The Department will approve or deny an application within 30 days of receipt of an administratively complete application.

N.J. Admin. Code § 7:27-34.10

Adopted by 55 N.J.R. 142(b), effective 2/6/2023