NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
ENVIRONMENTAL REGULATION
DIVISION OF AIR QUALITY

Notice of Rule Proposal
Low Emission Vehicle (LEV) Program (N.J.A.C. 7:27-29), Repeal of the National Low Emission Vehicle (N.J.A.C. 7:27-26) and Amendments to Air Administrative Procedures and Penalties (N.J.A.C. 7:27A-3.10)

Public Notice
Take notice that the NJ Department of Environmental Protection (Department) is proposing new rules and amendments to its rules regarding the New Jersey Low Emission Vehicle Program (LEV) and the National Low Emission Vehicle Program (NLEV). New Jersey proposes to repeal its obsolete National Low Emission Vehicle (NLEV) Program rules (N.J.A.C. 7:27-26) and related provisions in the Heavy-Duty Diesel New Engine Requirements Program rules (N.J.A.C. 7:27-28). This proposal affects only the NLEV program portion of the rules. Amendments to the Heavy-Duty Diesel New Engine Program Requirements were proposed separately (see 33 N.J.R. 2381, December 20, 2004). In addition, as directed by N.J.S.A. 26:2C-8.15, et seq., the Department is proposing a new subchapter 29 to implement the California Low Emission Vehicle (LEV) program in New Jersey, and add related penalties at N.J.A.C. 7:27A-3.10, Air Administrative Procedures and Penalties. This action is consistent with N.J.S.A. 26:2C-8.15 et seq., which requires the Department to promulgate rules adopting the current California LEV program, and the Federal Clean Air Act, section 177 (42 U.S.C. § 7507), which grants the authority to other states to establish more stringent standards than the Federal program by implementing the California program. This proposal also constitutes a proposed revision to New Jersey's State Implementation Plan (SIP) for attainment of national ambient air quality standards.

The proposal is scheduled to be published in the New Jersey Register dated August 1, 2005. A copy of the proposal is available from the Department’s web site (PDF), the Department’s Public Information Center at 401 E. State Street in Trenton, the Department’s Regional Enforcement Offices, a number of public libraries throughout the State, and from Westlaw Publishing at 1-800-808-WEST. Be advised that there may be a fee for obtaining a copy of the proposal from some sources. For more information on obtaining copies, please contact:

Ms. Diane Hutchings
NJDEP Division of Air Quality, Bureau of Air Quality Planning
401 E. State Street, 7th Floor
P.O. Box 418,Trenton, NJ 08625-0418
Phone: (609) 292-6722, fax: (609) 633-6198

A public hearing concerning the rule proposal/proposed SIP revision is scheduled as follows:

Thursday, September 15, 2005 at 10:00 a.m.
NJ Department of Environmental Protection
The Trenton War Memorial
Memorial Drive
The Turning Point Conference Room
Trenton, New Jersey 08628
Directions to the hearing room.

Written comments may be submitted by close of business on September 30, 2005 to:

NJ Department of Environmental Protection
Alice Previte, Esq.
ATTN: DEP Docket # 24-05-06/460
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402