N.J. Admin. Code § 7:27-34.5

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

Section 7:27-34.5 - Performance standards for new cargo handling equipment

(a) On or after March 1, 2025, any new cargo handling equipment that is a registered motor vehicle shall be equipped with a certified on-road engine for the model year in which the cargo handling equipment and engine is newly purchased, leased, or rented.

(b) Except as otherwise provided, on or after March 1, 2025, any new cargo handling equipment that is not a registered motor vehicle shall be equipped with one of the following:

1. A certified on-road engine for the model year in which the cargo handling equipment is newly purchased, leased, or rented;

2. A certified Tier 4 final off-road engine; or

3. A certified engine and power system that meet the emission standards of a certified on-road engine for the model year in which the cargo handling equipment and/or engine or power system is newly purchased, leased, or rented, or a certified Tier 4 final off-road engine. Compliance with the emission standards shall be demonstrated to the Department by using one of the following tests:

i. Testing conducted by the engine manufacturer for the engine and power system;

ii. Testing conducted by the engine manufacturer for another in-use engine and power system that is configured and used in a substantially similar way to the engine and power system; or

iii. Testing conducted to meet the regulatory requirements of CARB's Verification Procedure.

(c) The following additional provisions apply to new cargo handling equipment that is a non-yard truck and not a registered motor vehicle:

1. If an owner or operator cannot comply with (b) above because the options at (b)1, 2, or 3 are not available for the specific application and equipment type, the owner or operator may request Department approval to apply the best available control technology, in accordance with N.J.A.C. 7:27-34.10 and 34.10A.

2. If a non-yard truck was purchased with an engine complying with (b) above, but there is a manufacturer's delay in delivery, and if no comparable compliant cargo handling equipment is available for lease, then the owner or operator may lease, until the purchased equipment is delivered, a comparable non-yard truck that is equipped with a CI engine certified to meet the most stringent emission standards at 13 CCR 2423 for the rated horsepower and model year.

(d) A non-yard truck that is moved from one port terminal or intermodal rail yard to another port terminal or intermodal rail yard, or terminal under the control of the same owner or operator, shall be considered newly acquired and subject to the performance standards at N.J.A.C. 7:27-34.5, unless the owner or operator has received approval for such transfer pursuant to N.J.A.C. 7:27-34.12.

N.J. Admin. Code § 7:27-34.5

Repealed by 49 N.J.R. 3590(a), effective 11/20/2017

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