N.J. Admin. Code § 7:27-32.16

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-32.16 - Required elements of a fleet averaging plan

(a) A fleet averaging plan must contain documentation demonstrating that use of BART to meet 7:27-32.8 is not feasible for one or more regulated vehicles or pieces of regulated equipment in the fleet or combined fleet. Such documentation must be provided for each vehicle or piece of equipment for which it is infeasible to meet the required emission reduction at 7:27-32.8.

(b) A fleet averaging plan may contain a proposal to install and use one or more retrofit devices, or to retire, or repower through replacement or rebuild the engine to a certified configuration that meets a more stringent particulate emission standard, any regulated vehicle or piece of regulated equipment, or any on-road diesel vehicle or off-road diesel equipment not otherwise required to be retrofitted by the provisions of this subchapter.

(c) A fleet averaging plan or combined fleet averaging plan must describe:

1. How the plan will achieve the required particulate reductions through a combination of the use of best available retrofit technology, retirement, and engine repower or rebuilding, of the specific vehicles or equipment;

2. The alternative measures or applications, if any, of best available retrofit technology including, but not limited to, use of a less stringent best available retrofit technology level, repowering or rebuilding pursuant 7:27-32.8(b), or the retiring of vehicles or equipment; and

3. The remedial measures the owner will take if the total actual diesel particulate emissions reduction is less than the particulate emissions reduction in the approved fleet averaging plan.

(d) A fleet averaging plan or combined fleet averaging plan must include:

1. The inventory of all on-road diesel vehicles, off-road diesel equipment, regulated vehicles, or regulated equipment owned by the owner or group of owners to be included in the plan;

2. A description of the retrofit device to be installed and used on each on-road diesel vehicle, off-road diesel equipment, regulated vehicle, or regulated equipment owned by the owner or group of owners;

3. An estimate, developed in conjunction with an authorized installer, of the cost of any retrofit device and any cost associated with the installation of that retrofit device;

4. A demonstration that the fleet averaging plan will yield an annual diesel particulate emissions reduction that is equal to or greater than the reductions that would be achieved if the regulated vehicles or regulated equipment complied with the requirements set forth in 7:27-32.7(b)1. This demonstration will be based on:

i. A calculation of the reduction of fine particulate diesel emissions from the regulated vehicles and regulated off-road equipment in the fleet that would have occurred through the implementation of a fleet retrofit plan. This calculation must be conducted using the most recent guidance from the USEPA for quantifying and using the benefits of diesel retrofits. The calculations must clearly list the regulated vehicle or regulated equipment's annual fine particulate diesel emissions as the result of operating with and without best available retrofit technology for the calendar year when the plan is required to be submitted to the Department. Emissions reductions shall be reported in pounds of fine particulate diesel emissions reduced per calendar year; and

ii. A calculation of the reduction of fine particulate diesel emissions from the vehicles and equipment subject to the fleet averaging plan. This calculation must be conducted using the most recent guidance from the USEPA for quantifying and using the benefits of diesel retrofits and must clearly list the on-road vehicle or off-road equipment's annual fine particulate diesel emissions as result of operating with and without the strategies identified in the fleet averaging plan for the calendar year when the plan is required to be submitted to the Department. Emissions reductions shall be reported in pounds of fine particulate diesel emissions reduced per calendar year; and

5. A demonstration that the reimbursement cost associated with the fleet averaging plan would not exceed the cost associated with retrofitting the regulated vehicles or regulated equipment in compliance with the requirements set forth at N.J.A.C. 7:27-32.7(b)1.

(e) Any of the following emission control strategies can be used as an element of a fleet averaging plan:

1. A retrofit device or fuel strategy that the USEPA lists as a Verified Retrofit Strategy under the Voluntary Diesel Retrofit Program;

2. A retrofit device or fuel strategy that CARB lists as a verified Diesel Emissions Control Strategy;

3.Repowering of a vehicle or equipment engine with a replacement or rebuilding to a different configuration that the USEPA or CARB has certified to a more stringent particulate emissions standard than the existing engine; or

4. Entering into an enforceable agreement with the Department to retire an on-road diesel vehicle or off-road diesel equipment.

(f) A fleet averaging plan cannot limit the use of a vehicle or equipment, other than by retirement, as a means of reducing emissions.

(g) A combined fleet averaging plan must include a statement certified in accordance with 7:27-1.39 from the responsible official within each organization, responsible for the activities of the fleet, acknowledging that the responsible official is jointly and severally liable for the failure to comply with the combined fleet averaging plan of any other party or parties to the combined fleet averaging plan.

N.J. Admin. Code § 7:27-32.16