N.J. Admin. Code § 7:27-34.10B

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

Section 7:27-34.10B - Alternate compliance option-fleet averaging plan

(a) An owner or operator may apply to implement a fleet averaging plan in lieu of the requirements at N.J.A.C. 7:27-34.5, 34.6, and 34.7.

(b) The following requirements apply to an application for approval of a fleet averaging plan:

1. An applicant for a fleet averaging plan shall include, in the plan, two or more pieces of cargo handling equipment, but shall include in the plan only cargo handling equipment it owns or operates under its direct control at the same port or intermodal rail yard.

2. A piece of cargo handling equipment shall be included in no more than one plan.

3. The application for a fleet averaging plan shall include:

i. Documentation, calculations, emissions test data, or other information that establishes that reductions of PM, expressed in pounds, from the entire fleet of cargo handling equipment included in the fleet averaging plan will be equivalent to, or greater than, the emission reductions of PM that would have been achieved upon compliance with N.J.A.C. 7:27-34.5, 34.6, or 34.7, as applicable;

ii. Documentation, calculations, emissions test data, or other information that establishes that reductions of NO_x emissions as expressed in pounds, from the entire fleet of cargo handling equipment included in the fleet averaging plan will be equivalent to, or greater than, the reductions of NO_x emissions that would have been achieved upon compliance with N.J.A.C. 7:27-34.5, 34.6, or 34.7, as applicable; and

iii. The proposed recordkeeping, reporting, monitoring, and testing procedures that the applicant will use to demonstrate continued compliance with the plan.

4. Emission control strategies in the plan may include only:

i. Exhaust treatment control;

ii. Engine repower;

iii. Equipment replacement;

iv. Hybrid technology; or

v. Zero-emission equipment.

5. Emission reduction calculations demonstrating equivalence with the requirements at N.J.A.C. 7:27-34.5, 34.6, or 34.7, as applicable, shall:

i. Include only PM and NO_x emissions from cargo handling equipment that operates at the port or intermodal rail yard to which the plan applies; and

ii. Not include reductions that are otherwise required by any local, State, or Federal rule, regulation, or statute, or any agreement or final administrative or court order to resolve an enforcement action, or agreed to as part of a local, State, or Federal grant, incentive, or voucher program. Except that reductions achieved as a result of funding from local, State, or Federal grant, incentive, or voucher programs for zero-emission equipment, which would result in over-compliance, may be included in the emission reduction calculations demonstration.

(c) An application for approval of a fleet averaging plan shall be subject to public comment prior to Department action. The public comment period will be specified in the notice published pursuant to (f) below.

(d) The Department will provide public notice of the opportunity for public comment on each draft fleet averaging plan. The notice will:

1. Identify the port or intermodal rail yard where the cargo handling equipment is located, and provide the name and address of the owner or operator;

2. Identify the equipment involved and the fleet averaging plan proposed;

3. Provide the name and address of the Department, including the name, telephone number, and email address of an individual at the Department from whom interested persons may obtain additional information;

4. Announce the opportunity for public comment and provide a description of the public comment procedures set forth in this section;

5. Specify the length of the public comment period; and

6. Include the time and location of any public hearing to be held on the plan. If no public hearing is scheduled, the notice shall include procedures for requesting a public hearing.

(e) The Department will post the public notice and the draft fleet averaging plan on the Department's website, www.stopthesoot.org, for the duration of the public comment period.

(f) The Department may schedule a public hearing and include it in the notice of opportunity for public comment pursuant to (d) above. If the Department does not schedule a hearing, any person may request that the Department hold a hearing on the plan. A request for a public hearing shall be submitted, in writing, to the Department no later than the published date of the close of the comment period and shall include a statement of issues to be raised at the hearing. The issues raised shall be relevant to the draft fleet averaging plan under review by the Department.

1. If a public hearing is held, the Department shall provide public notice of the public hearing at least 15 days prior to the date the public hearing is scheduled.

2. If, in response to a request for a public hearing, the Department schedules a public hearing, the close of the public comment period shall be at 5:00 P.M. on the second State business day following the date of the public hearing unless a later date is specified in the notice provided. The Department may further extend the comment period by announcing the extension and its duration at the public hearing.

3. At any public hearing on a plan, the Department may, at its discretion, limit the time allowed for oral statements and request a person offering oral testimony to also submit the statement in writing.

N.J. Admin. Code § 7:27-34.10B

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