N.J. Admin. Code § 7:27-32.17
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:27-32.17 - Department review of fleet plans and notice of intent to comply(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 Department will review, and either approve or disapprove, each part of any fleet plan submitted pursuant to N.J.A.C 7:27-32.14, 32.16 and (c)2 below. If the Department determines that parts of a fleet plan are severable, it shall approve those portions of the fleet plan that comply with this subchapter.(c) In such a case, the Department shall, prior to the final approval of the other parts of the fleet plan, require the owner of the regulated vehicles or regulated equipment to comply with the approved part or parts of the fleet plan, and: 1. Direct the owner to comply with the approved part or parts of the fleet plan prior to final approval of other parts of the fleet plan; or2. In the case of a fleet averaging plan, determine that the owner or the group of owners cannot comply with the emission reduction requirements of N.J.A.C. 7:27-32.15 by implementing the proposed fleet averaging plan, and shall require the owner to submit a fleet retrofit plan, or the group of owners of the fleets to submit a combined fleet retrofit plan or individual fleet retrofit plans.(d) The Department will make a determination as to the reasonableness of the estimated costs submitted to the Department pursuant to N.J.A.C. 7:27-32.12(a)3 or 32.16(d)3, based upon prevailing market rates and/or the acquisition cost to the State of comparable technology, and will notify the owner of its determination. If the Department determines the estimated costs to be reasonable, the Department will so notify the owner and approve the purchase and installation of the retrofit device. If the Department determines the estimated costs to be unreasonable, the Department will negotiate with the owner to identify a mutually acceptable retrofit device of reasonable cost. If no mutually acceptable agreement is reached, the Department will issue a final disapproval of the notice of intent to comply or the fleet plan.(e) The Department will provide each affected owner with a written copy of any determination made or requirement established pursuant to (b) above.(f) If the Department requires submission of a fleet retrofit plan or plans as provided by (c)2 above, it will issue a modified timetable for the submittal of a fleet retrofit plan for the regulated vehicles or regulated equipment, a combined fleet retrofit plan for the group of owners, or individual fleet retrofit plans for the owners in the group. The submittal date will be no earlier than 180 days after the date of the determination pursuant to (c)2 above. The Department will review, approve or disapprove any fleet retrofit plan or plans or combined fleet retrofit plan in accordance with (b) above, submitted in accordance with this modified timetable.(g) The Department will provide an explanation to the owner indicating the deficiencies of any disapproved fleet plan, or part thereof, and the Department's recommendations regarding the correction of the deficiencies.(h) During the review process or prior to final approval of a fleet plan, or the part thereof in question, the Department may contact and negotiate with the owner to resolve discrepancies between the requirements of this subchapter, the submitted fleet plan, and any requests by the owner for alternatives pursuant to N.J.A.C. 7:27-32.16.(i) The owner or a group of owners whose fleet plan or any part thereof is disapproved by the Department shall make the recommended revisions to the disapproved fleet plan, or the disapproved part thereof, and submit a final revised fleet plan, or the final revised part thereof to the Department within 60 days after the receipt of the disapproval notification from the Department.(j) If the Department takes no further action within 30 days after receipt of the final revised fleet plan, or the final revised part that the Department previously disapproved, the fleet plan, or the part that had been disapproved and revised, will be deemed approved and in effect.(k) If the Department finds within 30 days after the receipt of the final revised fleet plan that the owner has not complied with the recommended revisions, the Department will take such further action necessary to obtain compliance with this subchapter, but the plan will be in effect 30 days following the receipt of the final revised plan, or part thereof.(l) In applying the fleet plan requirements of this subchapter, the Department will deem compliant with the retrofit installation requirements of this subchapter any regulated school bus, regulated vehicle or regulated equipment for which an owner had, before September 8, 2007, acted, under the terms of a grant or an enforceable agreement from the Department or the USEPA, to voluntarily retrofit, retire, or repower the regulated vehicle or regulated off-road equipment.(m) In applying the fleet plan requirements of this subchapter to any actions or efforts by the New Jersey Transit Corporation, prior to the submittal of a fleet plan to reduce fine particulate diesel emissions by voluntarily retrofitting, retiring, or repowering any regulated vehicle or regulated off-road equipment in its fleet, the Department will deem as compliant with the retrofit installation requirements of this subchapter any such actions or efforts by the New Jersey Transit Corporation.(n) Upon the date of the Department's final approval of the fleet plan, or any part thereof, the owner will be subject to the provisions of the approved fleet plan, or any approved part thereof, and will be required to comply with these provisions on or after the final approval date or the date on or by which certification of funds in accordance with N.J.S.A. 26:2C-8.34 has occurred, whichever is later.(o) The Department will notify the owner of a regulated vehicle or regulated equipment in writing of its approval of a fleet plan or parts thereof.N.J. Admin. Code § 7:27-32.17