N.J. Admin. Code § 7:27-34.11B

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

Section 7:27-34.11B - Compliance extension-low-use equipment

(a) An owner or operator may request a compliance extension of an applicable compliance deadline at N.J.A.C. 7:27-34.6 and 34.7, for any piece of cargo handling equipment that is operated less than 200 hours annually. An extension under this section shall be for no longer than two years.

(b) The Department will approve an extension if the owner or operator:

1. Is in compliance with N.J.A.C. 7:27-34.6, 34.7, and 34.8 for all other cargo handling equipment in its fleet pursuant to the compliance schedule at N.J.A.C. 7:27-34.6, Table 1; and

2. Includes in the application for a compliance extension, documentation from a non-resettable hour meter or fuel records, indicating that each engine for which an extension is requested was operated less than 200 hours in the preceding calendar year; and

3. Installs a non-resettable hour meter, which records the hours of use of a particular engine and is incapable of being adjusted, on each engine for which the compliance extension is requested.

(c) For the duration of the extension, the owner or operator shall include in its annual report required at N.J.A.C. 7:27-34.14, the annual hours of operation for each engine that is subject to a compliance extension under this section.

(d) The Department may elect to limit the extensions pursuant to this section to no more than two engines in a single fleet, or two percent of a fleet, whichever is greater. In making its decision, the Department will consider the impact of the extensions on public health based on an evaluation of:

1. The number of pieces of equipment granted an extension pursuant to this section;

2. The hours of operation of the equipment;

3. The estimated emissions; and

4. The proximity of the equipment to residences.

N.J. Admin. Code § 7:27-34.11B

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