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

Notice of Rule Proposal and State Implementation Plan Revision
Model Year 2027 or Later Heavy-Duty New Engine and Vehicle Standards and Requirements, and Diesel Vehicle Inspection Tests and Procedures
Proposed Amendments: N.J.A.C. 7:27-14, and15; N.J.A.C. 7:27A-3.10
Proposed New Rules: N.J.A.C. 7:27-28A
Proposed Repeal:  N.J.A.C. 7:27-14 Appendix A and N.J.A.C. 7:27-28 

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection is proposing the repeal of N.J.A.C. 7:27-14 Appendix A and N.J.A.C. 7:27-28, the promulgation of new Air Pollution Control rules at N.J.A.C. 7:27-28A, and amendments to N.J.A.C. 7:27-14, -15, and N.J.A.C. 7:27A-3.10.   

The primary component of this rulemaking is the incorporation by reference of California’s emission standards and supporting requirements for new model year 2027 and later gasoline and diesel engines and vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 pounds.  The Department proposes this rulemaking to ensure that any new gasoline- and diesel-powered vehicles rated in excess of 8,500 pounds GVWR sold in New Jersey will be subject to the most stringent emission standards that are technically feasible for nitrogen oxides and particulate matter.

In addition, this rulemaking has several other components that will: (1) repeal N.J.A.C. 7:27-14 Appendix A  and N.J.A.C. 7:27-28, to avoid any confusion regarding which emission standards apply to heavy-duty vehicles; (2) ensure that all heavy-duty vehicles are subject to the same emission inspection procedures and standards; (3) amend the definition of gross vehicle weight rating in N.J.A.C. 7:27-14 and 15 for consistency; (4) clarify that certain violations of N.J.A.C. 7:27-14 and 15 may be penalized pursuant to proposed new provisions in N.J.A.C. 7:27A-3; and (5) amend N.J.A.C. 7:27-15 so that the text more closely conforms to the text of N.J.A.C. 7:27-14.  Additionally, the proposed rulemaking includes penalty provisions at N.J.A.C. 7:27A for the proposed amendments to the Air Pollution Control rules. 

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 for ozone. 

A public hearing concerning the proposal will be conducted virtually via the Department’s video conferencing software on Thursday, December 8, 2022, at 9:30 A.M. 

Please join the meeting from your computer, tablet, or smartphone. 
Click here to join the meeting

You can also dial in using your phone (audio only)
+1 856-338-7074
Phone Conference ID: 387 159 25#

If you are interested in providing oral comments at the virtual public hearing, please email the Department at monica.miranda@dep.nj.gov  no later than 5:00 P.M. on December 6, 2022, with your contact information (name, organization, telephone number, and email address).  You must provide a valid email address so the Department can send you an email confirming receipt of your interest to testify orally at the hearing and provide you with a separate option for a telephone call-in line if you do not have access to a computer or mobile device that can connect to Microsoft Teams. 

Written comments are due by January 6, 2023.  The Department encourages electronic submittal of comments. Written comments may be submitted electronically at www.nj.gov/dep/rules/comments.  In the alternative, comments may be submitted on paper to:

Alice A. Previte, Esq.
ATTN: DEP Docket No. 07-22-10
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