Environmental Regulation
Division of Air Quality

Notice of Rule Proposal
National Low Emission Vehicle (NLEV) and Heavy-Duty Diesel New
Engine Standards Program, N.J.A.C. 7:27-26 and N.J.A.C. 7:27-28

Public Notice
Take notice that the NJ Department of Environmental Protection
(Department) is proposing new rules and amendments to its rules
regarding standards for new heavy-duty diesel engines. A statement
of the substance of the proposal follows:

By this rulemaking, the Department is clarifying and supplementing
existing requirements regarding the sale, for use or registration
in New Jersey, of certain heavy-duty diesel vehicles (HDDVs)
and heavy-duty diesel engines, model years 2007 and later (manufactured
for use in HDDVs, only). The existing and proposed new and amended
rules are based upon the California rules, which are, in turn,
based upon the existing Federal rule. The existing New Jersey
rules already address MY 2007 and later HDDEs and HDDVs. Nevertheless,
since the Federal 2007 rule and the CARB 2007 rule include changes
to the requirements underlying California Air Resource Board
(CARB) certification (that is, emission standards and supplemental
test procedures) beginning with MY 2007, the Department proposes
to amend its rules and provide further explanation of those

The Department proposes adding a prohibition of the practice
known as “stockpiling” engines, that is, the generally-prohibited
(by the USEPA and CARB) early purchase of vehicles and/or engines
before the implementation of more stringent standards as a way
to avoid purchasing these vehicles and engines a year or two
later when the more stringent emission standards apply. The
Department also proposes to add provisions that would require
recordkeeping and reporting of the sale, for use in New Jersey,
of MY 2007 and later HDDEs, but only in the event that the Federal
2007 requirements are not in effect.

This action is consistent with the Memorandum of Understanding
into which New Jersey has entered with other members of the
Ozone Transport Commission, committing to pursue such rulemaking.
This rulemaking is also part of a national effort to support
and, if necessary, continue in effect the currently promulgated
federal standards for these heavy-duty diesel engines. This
proposal also constitutes a proposed revision to New Jersey’s
State Implementation Plan (SIP) for 8-hour Ozone. A copy of
the rule proposal has been forwarded to the USEPA.

The proposal is scheduled to be published in the New Jersey
Register dated December 20, 2004. A copy
of the proposal is available from the Department’s web
(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) 633-0530, fax: (609) 633-6198

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

Friday, January 21, 2005 at 10:00 a.m.
NJ Department of Environmental Protection
401 East State Street
First Floor Public Hearing Room
Trenton, New Jersey

Written comments may be submitted by close of business February
18, 2005 to:

NJ Department of Environmental Protection
Alice Previte, Esq.
ATTN: DEP Docket # 29-04-11/455
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402