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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
AIR QUALITY, ENERGY, AND SUSTAINABILITY
DIVISION OF AIR QUALITY

Notice of Rule Proposal and State Implementation Plan Revision
Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards
Proposed Amendments: N.J.A.C. 7:27A-3.10
Proposed New Rules: N.J.A.C. 7:27-34

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection is proposing new Air Pollution Control rules at N.J.A.C. 7:27-34 and amendments to N.J.A.C. 7:27A-3.10.   
The proposed rules focus on reducing nitrogen oxide (NOx) and particulate matter (PM) emissions from diesel mobile cargo handling equipment at ports and intermodal rail yards.  Specifically, the Department’s proposed rules are modeled on a California regulation and would require diesel mobile cargo handling equipment at ports and intermodal rail yards to meet performance standards that reflect best available control technology.  The proposed rules are expected to reduce diesel engine emissions, including NOx, and PM, in communities located near ports and intermodal rail yards. 

The proposal also constitutes a revision to New Jersey’s State Implementation Plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone.  New Jersey is in nonattainment for the Federal ozone NAAQS and must continue to reduce NOx emissions Statewide to attain and maintain the ozone NAAQS.   

The proposal is scheduled to be published in the New Jersey Register dated January 3, 2022.  A copy of the proposal is available on the Department’s webpages at: http://www.nj.gov/dep/rules/proposals/20220103a.pdf and LexisNexis free public access to the New Jersey Register (https://www.lexisnexis.com/hottopics/njoal).  

A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software on February 9, 2022, at 9:30 A.M. 

Please join the meeting from your computer, tablet, or smartphone
https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_MTM0OTI1MzItMzgxMC00YzRkLTkzNGUtNzQ4YTBhYjhiODg1%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25225076c3d1-3802-4b9f-b36a-e0a41bd642a7%2522%252c%2522Oid%2522%253a%2522daf84394-d2d0-4b3a-bac2-7ff82b0ac98e%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=fc9e5978-b3f5-47db-8521-dfc86d52ec6d&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

You can also dial in using your phone.
+1 856-338-7074,,573327532#  

Phone Conference ID:  573 327 532#
If you are interested in providing oral testimony or submitting written comments at the virtual public hearing, please email the Department at monica.miranda@dep.nj.gov no later than 5:00 P.M. on Friday, February 4, 2022, with your contact information (name, organization, telephone number, and email address). 
Written comments are due by March 4, 2022.  The Department encourages electronic submittal of comments. Written comments may be submitted electronically at www.nj.gov/dep/rules/comments. Please note: To submit a comment longer than 20,000 characters (about 10 pages), please email rulemakingcomments@dep.nj.gov and send your comment(s) as a document attachment. In the alternative, comments may be submitted on paper to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 08-21-11
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402

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Last Updated: January 27, 2022