N.J. Admin. Code § 7:27-34.11

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

Section 7:27-34.11 - Compliance extension, generally

(a) An owner or operator may apply for an extension of the deadline to comply with N.J.A.C. 7:2734.6 and 34.7 for the following:

1. The new cargo handling equipment or engine was purchased to comply with N.J.A.C. 7:27-34.6 or 34.7, but has not been received due to manufacturer delay;

2. The equipment is operated less than 200 hours in a calendar year (low-use equipment); or

3. The owner or operator is replacing in-use cargo handling equipment with zero-emission cargo handling equipment.

(b) If the Department approves an extension request, the owner or operator shall operate the subject cargo handling equipment in accordance with the approval.

(c) The owner or operator shall submit the request to the Department at least 60 days prior to the applicable compliance deadline on a form available from the Department 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 a compliance extension is sought; and

3. Any other information required at N.J.A.C. 7:27-34.11A, 34.11B, and 34.11C below.

(d) Within 30 days after receipt of an application, the Department will notify the applicant that 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 30 days for the applicant to 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. 7:27-34.11, 34.11A, 34.11B, or 34.11C 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.

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

(f) If the Department approves the extension request, the approval will be in writing, and the owner or operator shall be deemed to be in compliance for the applicable period, provided the owner or operator complies with all of the conditions of the Department's approval. If, upon inspection, the Department finds the owner or operator has not complied with any of the conditions of approval:

1. The extension will be automatically revoked and the equipment will be considered noncompliant from the date that compliance would otherwise have been required pursuant to N.J.A.C. 7:27-34.6 or 34.7, but for the extension; and

2. The owner or operator shall not use the cargo handling equipment that is subject to the extension request until the owner or operator brings the equipment into compliance with N.J.A.C. 7:27-34.6 or 34.7, as applicable.

N.J. Admin. Code § 7:27-34.11

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