N.J. Admin. Code § 7:27-32.19

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-32.19 - Annual supplements and annual modifications

(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) Every year, each owner of a regulated vehicle or regulated equipment shall submit a supplement to the notice of intent to comply, fleet retrofit plan or combined fleet retrofit plan, or a modification of the fleet averaging plan or combined fleet averaging plan, as applicable, indicating any changes made to the fleet not reflected in the preceding plan, modification or supplement or indicating that there have been no such changes to the fleet. The owner shall submit this supplement or modification on whichever of the following events occurs later:

1.The anniversary date of the notice of intent to comply or fleet plan; or

2. Ninety days after the Department approves the notice of intent to comply, fleet plan, or most recent supplement or modification thereto, as applicable.

(d) A supplement or modification submitted pursuant to (c) above must include:

1. An update of the material and information required at 7:27-32.12(a), including relevant supporting documentation, as described at (d)2, 3 and 4 below, submitted electronically on forms supplied by the Department;

2. Inventory information pursuant to 7:27-32.13 for any on-road diesel vehicles or off-road diesel equipment owned, operated, or leased by the owner added to or removed from the fleet since the submission of the notice of intent to comply, fleet plan, or the most recent supplement or modification thereto;

3.For any regulated vehicles or regulated equipment added to the fleet, a description of the method of compliance consistent with 7:27-32.7 to indicate what best available retrofit technology will be used and the specific vehicle or piece of equipment on which the specific best available retrofit technology will be used or, to indicate that the best available retrofit technology will not be used and that the owner will submit a fleet plan; and

4. For any regulated vehicles or regulated equipment removed from the fleet:

i. An explanation of how the change to the fleet will affect the fleet averaging plan; or an explanation of how the change to the fleet will allow the owner to submit a notice of intent to comply instead of a fleet plan, or a fleet retrofit plan instead of a fleet averaging plan; and

ii. An indication that the owner will accordingly submit a notice of intent to comply or a fleet retrofit plan.

(e) An owner who originally submitted a notice of intent to comply, and who adds a vehicle or equipment to the fleet for which the use of BART is not feasible, shall submit a fleet plan for review and approval by the Department, in accordance with 7:27-32.14 or 32.16, as applicable.

(f) A modification to a fleet averaging plan submitted pursuant to (c) above must also include:

1. A demonstration in accordance with 7:27-32.16(d)4;

2. In the event the fleet averaging plan has not been completely implemented, a demonstration of the actual environmental benefit obtained by the part of the plan that was implemented, using the methodology in 7:27-32.16(d)4. This demonstration must include a calculation of the difference between the predicted and actual environmental benefit; and

3. The remedial measures the owner will take if the actual particulate emissions reduction demonstrated pursuant to (f)2 above is less than the particulate emissions reduction in the approved fleet averaging plan, including a timetable for the completion of the remedial measures.

(g) The Department will review and approve or disapprove each part of the supplement to a fleet plan or the modification of a fleet averaging plan no later than one year after the Department receives it. If the Department determines that parts of a supplement or modification are severable, it shall approve those portions of the supplement or modification that comply with this subchapter. In such a case, the Department shall, prior to the final approval of the other parts of the supplement or the modification, require the owner of the regulated vehicles or regulated equipment to comply with the approved part or parts of the supplement or modification.

(h) The Department will provide a detailed explanation to the fleet owner or operator indicating the deficiencies of a disapproved supplement or modification, or part thereof, including the Department's recommendations as to how the deficiencies could be corrected.

(i) The owner or group of owners who receive disapproval of a supplement, modification, or a part thereof, submitted pursuant to (c) above, shall, within 60 days of receiving the notice of disapproval, revise the supplement, modification, or part thereof, and submit the final revised supplement, modification, or part.

(j) If the Department does not take further action within 30 days after receipt of the final revised supplement, modification, or part thereof submitted pursuant to (i) above, the supplement, modification, or revised part shall be deemed approved and in effect.

(k) If within 30 days after receipt of the final revised supplement, modification, or part thereof submitted pursuant to (i) above the Department finds that that the owner or group of owners has not corrected the deficiencies in the disapproved supplement, modification or part thereof, the Department will take such further action as is necessary to obtain compliance with this subchapter, but the supplement or modification will be in effect 30 days after receipt of the final revised supplement or modification.

(l) Except as is provided at (i) above, the owner shall be subject to the provisions of the fleet retrofit plan or combined fleet retrofit plan, and the supplement thereto, or the fleet averaging plan and the modification thereto, upon the date of final approval of the applicable part, and the effective date of the final supplement or modification.

N.J. Admin. Code § 7:27-32.19