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ENVIRONMENTAL PROTECTION
OFFICE OF AIR QUALITY MANAGEMENT
National Low Emission Vehicle (NLEV) and Heavy-Duty Diesel New Engine Standards
Program
Proposed Amendments:
N.J.A.C. 7:27-26.1, 26.2, 26.3-26.5 (title of section, only), 26.6,
26.7 and 26.15
Proposed New Rules:
N.J.A.C. 7:27-26.8, 26.9, 26.10 and 26.11
Authorized by:
Robert C. Shinn Jr., Commissioner, Department of Environmental
Protection
Authority:
N.J.S.A. 13:1B-3(e), 13:1D-9, 26:2C-8 et seq., specifically 26:2C-8,
8.1 through 8.5, 8.11, and N.J.S.A. 39:8-61.
DEP Docket Number:
15-01-06/232
Proposal Number:
A public hearing concerning this proposal will be held at 10:00 a.m. on Monday, August
20, 2001 at:
First Floor Public Hearing Room
Department of Environmental Protection
401 E. State Street
Trenton, New Jersey
Submit written comments, identified by the DEP Docket Number given above, by August
22, 2001, to:
Attn: Ms. Stacey P. Roth, Esq.
DEP Docket No. 15-01-06/232
Office of Legal Affairs
New Jersey Department of Environmental Protection
PO Box 402
Trenton, N.J. 08625-0402
Several documents are cited within this notice as references or as documents being
incorporated by reference. Copies of these documents may be requested from:
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New Jersey Department of Environmental Protection
Public Access Center
401 E. State Street, 1st floor
PO Box 402
Trenton, N.J. 08625
An additional source of documents cited within this notice as references or as documents
being incorporated by reference are available from the World Wide Web from the website of the
United States Environmental Protection Agency (EPA), Office of Mobile Sources at the following
Internet address: www.epa.gov/omswww, and from the website of the California Air Resource Board
(CARB) at: www.arb.ca.gov/regact/ntetest/ntetest.htm
Visit our website at: www.state.nj.us/dep/aqm, where Air Quality Management rules,
proposals, adoptions and SIP revisions are available.
The agency proposal follows:
Summary
The Department of Environmental Protection (the Department) is proposing new rules and
amendments to N.J.A.C. 7:27-26 (currently entitled "Ozone Transport Commission - Low Emission
Vehicle Program"), its rules which currently control New Jersey's participation in the National Low
Emission Vehicle (LEV) program as well as its backstop Ozone Transport Commission - Low
Emission Vehicle (OTC-LEV) Program. These new rules and amendments would add standards for
the new engines used in heavy-duty diesel vehicles, sometimes referred to as “Not-To-Exceed (NTE)”
standards. (In order to indicate that rules for both light-duty passenger vehicles and heavy-duty diesel
engines are contained within this subchapter, N.J.A.C. 7:27-26 would be renamed "National Low
Emission Vehicle Program and Heavy-duty Diesel New Engine Standards.") The Department is
working cooperatively with the New Jersey Department of Transportation, Division of Motor
Vehicles to develop enforcement mechanisms to ensure effective implementation of these standards
for new heavy-duty diesel engines.
This rulemaking is part of a multi-state initiative; to date, 20 states have committed to
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adopting these NTE standards, and more are expected to follow suit. New Jersey has joined with
these states in stating its intent to promulgate NTE standards identical to those adopted in California
for heavy-duty diesel engines bought, sold or registered in New Jersey. New Jersey is also a
signatory to the Memorandum of Understanding approved by the Ozone Transport Commission on
December 11, 2000, supporting the efforts of member states to adopt such standards and whereby
signatory states committed to proposing the same.
Non-OTC states that have indicated a
commitment to pursuing NTE rulemaking include Arizona, Georgia, Minnesota, Nevada, North
Carolina, Texas and Wisconsin.
Promulgation of the NTE standards would further the Department's Strategic Plan Clean Air
Goal. Specifically, the reduction in emissions from heavy-duty diesel vehicles traveling through the
State would help achieve the Strategic Plan Milestone that, by 2007, air throughout the State will
meet national Clean Air Act standards for ozone and other air pollutants. This rulemaking will also
support New Jersey's Environmental Performance Partnership Agreement Air Quality Milestones
relating to 1) the ozone State Implementation Plan (SIP) (attainment of the 1-hour and 8-hour air
quality standards for ozone Statewide by 2007), 2) the national health standard for particulate matter
(PM) (maintaining current attainment status for PM10 and attaining the new fine particulate standard
(PM2.5) by 2007) and 3) air toxics (reducing toxics emissions from motor vehicles). More
specifically, by realizing reductions of oxides of nitrogen (NOx) emissions from these vehicles that
would not otherwise be achieved, these standards will support our efforts to meet the national
ambient air quality standard (NAAQS) for ozone. In addition, reduced emissions will translate into
lower levels of particulate matter generally and, more specifically, of levels of PM2.5 from these
vehicles, also supporting our efforts to attain or maintain this new standard in a timely fashion.
Finally, reduction of diesel emissions also means a reduction of air toxics from this source.
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Background
In the 1990s, seven large manufacturers of heavy-duty diesel engines (HDDEs) violated
federal certification regulations by turning off, or defeating, emissions control equipment during
in-use highway driving. To address this violation, the Department of Justice, the EPA and the
California Air Resources Board (CARB) signed consent decrees with the seven engine manufacturers.
In the consent decrees, the settling manufacturers are required, among other things, to produce
HDDEs that comply with prescribed emission standards that are lower than those currently required
by CARB and EPA regulations, as measured by the Federal Test Procedure (FTP), no later than
October 1, 2002. (These standards are about 50 percent cleaner than currently available engines).
In addition, because it was found that the FTP was not adequate to ensure that exhaust emissions
were controlled during all in-use driving, it was agreed that compliance with supplemental test
procedures would be necessary. Thus, the majority of the settling manufacturers agreed to produce
engines by October 1, 2002, that would meet supplemental test procedures including the
Not-To-Exceed (NTE) test and the EURO III European Stationary Cycle (ESC) test. (These tests
are described in greater detail, below.) The consent decrees state that these requirements must be
met for a period of two years. Together with the FTP test, the supplemental test procedures will
require control of emissions during the majority of real world operating conditions, ensuring that in
the future defeat devices will no longer be employed. The consent decrees would cover in the area
of 80 percent of engines manufactured for sale in the United States.
Recognizing the effectiveness of the supplemental tests, on October 29, 1999, the EPA
published a Notice of Proposed Rulemaking (64 FR 58472) proposing to adopt similar supplemental
test procedures for 2004 and subsequent model year HDDEs. However, because of statutory federal
timing constraints, the NTE and ESC test procedures will not be required until the 2007 model year
for federally-certified HDDEs (65 FR 59896, October 6, 2000). Therefore, once the consent decree
requirements expire in 2004, the settling manufacturers will not be obligated to comply with the
supplemental test procedures for model years 2005 or 2006. Not until the 2007 model year, when the
federal rule comes into effect, will HDDE manufacturers be required to comply with the supplemental
test procedures, federally.
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In order to assure continued compliance during model years 2005 and 2006 by the settling
manufacturers and to begin compliance by all other manufacturers with model year 2005, California
adopted rules on December 8, 2000, to include the NTE and ESC tests in the required California
certification process for 2005 and subsequent model year HDDEs. California's supplemental test
procedures parallel those in the consent decrees and the EPA's Final Rule for 2007 and subsequent
model year HDDEs, but differ by adding options for flexibility and by exempting "ultra-small volume
manufacturers" and "urban buses" until the 2007 model year in order to allow additional lead time
for compliance. (Urban buses are already subject to more stringent standards for model years 2002
through 2007 in California.) Thus California's rulemaking closes the two-year gap, for vehicles sold
in that state, between the termination of the consent decrees and the effective date of the new Federal
standards, during which time engine manufacturers would only have been required to satisfy the FTP
test procedure currently required under the EPA's regulations. A simplified view of heavy-duty diesel
engine emission standards, emission levels, and emission reductions before, during and after the
period covered by the consent decrees is provided below at Figure 1.
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Figure 1
16
Simplified View of
Emission Standards for Heavy Duty Diesel Engines (HDDE)
14
12
As part of consent decree, violating
manufacturers have to certify their engines to
EURO testing protocols beginning in 1999, although
manufacturers are not required to stop using
defeat devices until 2002
Emission levels
due to defeat devices
10
8
8.5
6
4
2
Emission reduction
provided by Federal
Consent Decree
6
Emission reduction
available from
California "NTE"
Rule
5
Applicable National
Emission Standards
which require use of
FTP testing protocols
4
Applicable National
Emission Standards
which require use of
ESC & NTE testing protocols
2.4
0
1905
Pre-1985
1905
1985
1905
1990
1905
1995
6
1905
2000
1905
2005
1905
0.2
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New Jersey's role: By adopting California's NTE standards, New Jersey, like California,
would address the regulatory temporal gap for heavy-duty diesel engines sold in its jurisdiction
between the end date for standards established by the consent decrees discussed above (in effect until
2004) and the start date of the EPA’s new heavy-duty diesel engine standards (not in effect until
model year 2007). New Jersey's adoption of these standards for new heavy-duty engines during the
regulatory gap could prevent the loss of NOx emission reductions which is predicted due to this
temporal gap. The resultant excess NOx emissions in New Jersey are believed to be approximately
15,237 tons for 1996, alone. Furthermore, implementation of the more stringent NTE standards in
2005 would generate emission reductions for which the State could take credit in its ozone SIP and
which could be used to meet the additional emission reductions which the EPA has identified as
necessary for the State to meet its ozone attainment demonstration SIP revisions.
Regional/national efforts:
States across the Nation have joined OTC members in
committing to adopt the standards promulgated by California, bringing the total of committed states
to more than 20 at this time. Once a sufficient number of states have adopted these standards to
reach a critical level of new engines which must meet these standards, the NTE standards are
expected to become de facto national in character, since engine manufacturers will almost certainly
find it less economical to produce two different engines. This should result in an even greater
emission reduction benefit to states, like New Jersey, which play host to many heavy-duty diesel
vehicles purchased and registered in other states.
The supplemental test procedures: CARB has described these test procedures in its Staff
Report: Initial Statement of Reasons, released October 20, 2000. The full text of that report can be
viewed or downloaded from CARB’s website at www.arb.ca.gov/regact/ntetest/ntetest.htm.. The
EPA has also described these procedures in its proposal at 65 Fed. Reg. 59895. CARB also provided
a more concise description in Mail Out #MSC-00-20, dated September 15, 2000, from which the
following description is taken.
The Mail Out is also available at CARB’s website at
http://www.arb.ca.gov/msprog/mailouts/mouts_00.htm.
1. Not-to-Exceed Test Procedure
The NTE test, as defined by the EPA in 40 C.F.R. 86.1370-2007, establishes an area (NTE
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control area) under the torque curve of an engine where emissions must not exceed a specified
standard for a given pollutant. The NTE control area for diesel engines is a function of engine speed
and all engine operation at or above 30 percent of the maximum torque value of the engine. The
NTE requirement would apply under any engine operating conditions that could reasonably be
expected in normal vehicle use. In addition, the NTE is applicable in a wide range of ambient
conditions. For example, NTE ambient temperature coverage can range from 55º to 95º F compared
to the FTP ambient conditions of 68º to 86º F. These requirements would apply to new engines
throughout their useful life.
A vehicle can be tested using the NTE procedure either on the road or in an emission testing
laboratory using an engine or chassis dynamometer. Instead of using a specific driving cycle such as
the FTP, it involves driving of any type which could reasonably be expected to occur in normal
vehicle operation within the boundaries of the NTE control area, including operation under
steady-state or transient conditions and under varying ambient conditions. Measured emissions are
averaged over a minimum of thirty seconds and compared to the NTE emission limit.
Additionally, CARB’s NTE requirements provide manufacturers with two different NTE
compliance options related to temperature and altitude. Under option one, manufacturers can choose
to comply with the NTE emission standards within the ambient temperature range of 55º F to 95º
F, up to 5,500 feet above sea level, without an altitude-based temperature correction. Under option
two, manufacturers can use correction factors for the temperature at different altitudes. For example,
the upper temperature limit is 100º F at sea-level and 86º F at 5,500 feet above sea-level.
In the EPA’s Final Rule (65 Fed. Reg. 59896, October 6, 2000), as an allowance for minor
deviations from the NTE requirements only, an NTE deficiency provision for 2007 and subsequent
model year engines provides manufacturers with a relief mechanism for failing to comply with some
of the NTE requirements. That is, for model years 2007, 2008 and 2009, the EPA may accept a
HDDE as compliant with the NTE standards even though some specific requirements are not met.
(65 Fed. Reg. 59914, October 6, 2000.) Unlike the EPA’s Final Rule, however, CARB’s NTE rule
does not include deficiency provisions for NTE. Because the NTE control area, test procedures, and
associated emission standards in the proposed regulation are identical to the NTE requirements in the
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HDDE consent decree for model years 2003 and 2004, CARB expected the settling manufacturers
to be in full compliance with its NTE standards prior to the effective date of the CARB NTE rule.
2. Euro III European Stationary Cycle (ESC) Test Procedure
The Euro III European Stationary Cycle (ESC) test cycle, defined in CFR §86.1360-2007 as
the “supplemental steady state test”, consists of 13 operating modes (of differing specified speed and
power conditions), primarily representing the typical highway cruise operating conditions of heavyduty diesel vehicles. During the test cycle, the engine is initially operated at idle, then through a
defined sequence of 12 modes at various speeds and engine loads. The test modes are at three
different operational engine speeds and at 25%, 50%, 75%, and 100% of maximum load. The engine
is operated for two minutes at each mode, except idle. Manufacturers are required to show
compliance with the following:
-Average Allowable Emission Limits
During each mode of operation of the ESC test, the concentration of the gaseous pollutants
is measured. The weighted average emissions for each pollutant, as calculated according to this
steady-state test procedure, must not be greater than 1.0 times the Federal Test Procedure emission
standard which is 2.5 gram per brake horsepower (g/bhp-hr) hour for non-methane hydrocarbons
(NMHC) plus NOx for 2005 and subsequent model year engines. A single, particulate matter
measurement is made of the entire 13 modes at the end of the test.
-Maximum Allowable Emission Limits
Maximum allowable emission limits are determined from the 12 non-idle test points of the
ESC tests. The maximum allowable emission limit at any set of speed and load conditions between
the test points is determined by using a four-point interpolation procedure. Emissions of gaseous
pollutants at any point within the maximum allowable emission limit operational zone must not exceed
the limit as determined by interpolation. Maximum allowable emission limits only apply to gaseous
pollutants and do not apply to particulate matter.
A more detailed description of CARB’s NTE requirements can be found at CARB’s website,
generally, at http://www.arb.ca.gov/homepage.htm. See also the EPA’s description of these test
procedures in its proposal, 65 Fed. Reg. 59895 (October 6, 2000).
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A more detailed explanation of the proposed amendments follows.
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7:27-26.1 Definitions
The Department proposes to add and amend definitions to define terms used in the new rules,
including diesel engine, heavy-duty diesel engine, heavy-duty engine, heavy-duty motor vehicle,
OTC-LEV program, OTC-LEV program control system, OTC-LEV program engine, OTC-LEV
program vehicle, ultra-small volume manufacturer, and urban bus. Additionally, the Department
proposes to amend definitions already in subchapter 26 for stylistic purposes, in order to provide
greater clarity.
7:27-26.2 Applicability
The Department proposes to amend N.J.A.C. 7:27-26.2(a), (c), and (d) and to add a new
subsection at N.J.A.C. 7:27-26.2(e) to clarify which provisions of subchapter 26 apply to the OTCLEV program, and which apply to the proposed heavy-duty diesel new engine standards.
7:27-26.3 Prohibitions; 7:27-26.4 Emission certification standards; and 7:27-26.5 Fleet
average; and 7:27-26.7 Additional requirements
The Department proposes to amend the title of these sections, only, to indicate that they only
apply to the OTC-LEV program.
7:27-26.6 Enforcement
The Department proposes to change the title of this section from “Enforcement” to
“Reporting and New Motor Vehicle Dealer Requirements (OTC-LEV Program)” to reflect its
changed content and applicability only to the OTC-LEV program. Similarly, the Department
proposes deleting the provisions at N.J.A.C. 7:27-26.6(c) and (d) relating to enforcement, and
proposes recodifying these provisions as a new enforcement section, applicable to both programs, at
N.J.A.C. 7:27-26.11, entitled “Enforcement.”
7:27-26.8 through 26.14
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These provisions are currently reserved. The Department is proposing new rules at N.J.A.C.
7:27-26.8 through 11, as described below, and will continue to reserve N.J.A.C. 7:27-26.12 through
14.
7:27-26.8 Requirements for Vehicle Transactions (New HDDE Standards Program)
The Department is proposing a new rule at N.J.A.C. 7:27-26.8(a) which would provide that
no one shall sell, lease, rent, import, deliver, purchase, acquire, receive or otherwise transfer in New
Jersey, or offer for sale, lease, or rental in this state (or attempt or assist in any of these actions) either
a 2005 or subsequent model year heavy-duty diesel engine; a new motor vehicle equipped with a 2005
or subsequent model year heavy-duty diesel engine; or a motor vehicle with a new 2005 or
subsequent model year heavy-duty diesel engine which has not been certified by CARB as meeting
California’s standards for new heavy-duty diesel engines. The proposed new rule at N.J.A.C. 7:2726.8(b) would create the presumption that transfer of a vehicle with less than 7,500 miles is not to
the ultimate purchaser and that the transfer of a vehicle with 7,500 or more miles is to the ultimate
purchaser.
7:27-26.9 Exemptions and Technology Review (New HDDE Standards Program)
The Department proposes, at N.J.A.C. 7:27-26.9(a) to include a number of exemptions from
the heavy-duty diesel new engine standards as follow: 1) for model years 2005 and 2006, only, a
heavy-duty diesel engine manufactured by an ultra-small volume manufacturer (based on California
sales) or intended for use in an urban bus; 2) an engine exempted by CARB based on its technology
review; 3) a vehicle purchased out-of-state to replace a damaged or stolen vehicle; 4) a vehicle
transferred by court decree; 5) an emergency vehicle; 6) a military tactical vehicle; and 7) a vehicle
otherwise exempted by California Health and Safety Code, section 43656.
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7:27-26.10 Manufacturer Compliance With California Orders and Voluntary Recalls (New
HDDE Standards Program)
The Department proposes, at N.J.A.C. 7:27-26.10(a) and (b), new rules which would make
any order, enforcement action or recall by California of the heavy-duty diesel engines and vehicles
subject to this program applicable to all such engines and vehicles subject to New Jersey’s heavy-duty
diesel new engine standards program, unless the manufacturer demonstrates, within 21 days of
CARB’s actions, that the order, enforcement action or recall is not applicable to the engines or
vehicles in question.
7:27-26.11 Enforcement
The Department proposes to recodify the enforcement provisions at N.J.A.C. 7:27-26.6(c)
and (d) at N.J.A.C. 7:27-26.11. These provisions would be applicable both to the OTC-LEV and the
heavy-duty diesel new engine standards programs.
7:27-26.15 Incorporation by reference
The Department proposes to add to the list of documents and sources which have been
incorporated by reference the applicable CARB and EPA standards and regulations relating to the
heavy-duty diesel new engine standards program.
Social Impact
Adoption of these NTE standards would aid the State in attaining and maintaining the
NAAQS for ozone by reducing the in-use emissions of air contaminants from heavy-duty diesel
vehicles. Diesel emissions contain NOx which, in the presence of sunlight, react with other
compounds in the ambient air to form ozone and other oxidants harmful to health. Heavy-duty diesel
vehicles are also significant contributors of air toxics and particulate matter (PM), specifically
particulate matter which is less than 2.5 microns in diameter (PM2.5).
Ground level ozone is a major public health problem in New Jersey. Studies have proven that
ozone, a known respiratory irritant, has severe and debilitating effects on lung capacity and can have
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detrimental effects on respiration. Even at low levels, ozone can cause average humans to experience
breathing difficulty, chest pains, coughing and irritation to the nose, throat and eyes. For individuals
who already experience respiratory problems or who are predisposed to respiratory ailments, these
symptoms can become much more severe, forcing those individuals to alter their lifestyles to avoid
unnecessary exposure. In addition, chronic ozone exposure studies performed on laboratory animals
indicate that long-term exposure to ozone affects lung physiology and morphology. These studies
suggest that humans exposed to ozone over prolonged periods of time can experience chronic
respiratory injuries resulting in premature or accelerated aging of human lung tissue.
In addition to their participation in the formation of ozone, NOx by themselves exhibit serious
human health effects. Although nitric oxide (NO) itself is a relatively nonirritating gas, it is readily
oxidized to nitrogen dioxide (NO2), which can damage respiratory defense mechanisms, allowing
bacteria to proliferate and invade the lung tissue. NOx cause irritation to the lungs, lower resistance
to respiratory infections, and contribute to the development of emphysema, bronchitis, and
pneumonia. NOx also react chemically in the air to form nitric acid, which contributes to acid rain
formation.
The Department’s concern with PM is primarily, but not exclusively, its negative impact on
human health. PM is an irritant to the lungs and respiratory system and can cause irreversible damage
if inhaled into the deeper regions of the lungs. Aside from its inherent irritant effects, PM also has
the ability to adsorb other harmful compounds to it, potentially creating a substance more detrimental
to human health than the PM alone. These factors have caused the EPA to label PM a possible
human carcinogen.
Because of PM’s effects on human health, the EPA established a National Ambient Air
Quality Standard (NAAQS) for Total Suspended Particulate Matter (TSPM) in 1971. In 1987, the
EPA revised and redesignated the NAAQS for TSPM to a PM10 standard, referring to particles with
a diameter of 10 microns or less. This redesignation reflected the need for a particulate matter
standard based on particle size, since smaller particles pose the greatest health risk. (Godish, Thad.
Air Quality, 2nd Ed., (Chelsea, Michigan: Lewis Publishers). Unlike the larger particles, PM10
cannot be removed by the human respiratory system's filtering mechanisms prior to respiration and
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inhalation to the deepest regions of the lungs. The PM10 becomes embedded in the alveoli of the
lungs and has been correlated with increased susceptibility to lung infection and other respiratory
disorders.
While levels of PM are high in New Jersey, the air in this State currently does not exceed the
NAAQS for PM10. However, recent studies have revealed that diesel exhaust PM is generally
significantly smaller than 10 microns in diameter; in fact, 90 percent of the particles were found to
be less than one micron in size. Particles of this size are considered more hazardous to human health
than their larger counterparts. Based on this hazard and other new information, the EPA has added
a NAAQS for PM2.5, that is, a new national health standard for particles which are 2.5 microns or
less in size. While it has not yet been confirmed that any or all of New Jersey would be unable to
meet a PM2.5 standard, the Department’s preliminary estimates indicate that a designation of nonattainment is likely, particularly for New Jersey’s urban areas. By addressing diesel emissions in New
Jersey at this time, the State is also acting proactively to increase the likelihood that the State will be
able to attain a PM2.5 standard.
Current studies show that in addition to the PM itself, diesel exhaust contains several
categories of air toxins.
Such toxins include polycyclic aromatic hydrocarbons, nitro-aromatic
compounds, nitrated hydrocarbons and nitrocyclic aromatics. Several substances within these
categories are known or suspected human carcinogens (that is, agents known or suspected to cause
cancer in humans). Diesel exhaust is also suspected to be a source of polychlorinated dibenzo-dioxins
and -furans, both of which are known to have carcinogenic properties (Jones, Kay H., Diesel Truck
Emissions, an Unrecognized Source of PCDD/PCDF Exposure in the United States. Risk Analysis,
Vol. 13, #3. November 3, 1990.)
In addition, the toxic effect of PM may be due to the direct irritant effects of substances which
are readily adsorbed onto the surface area of the particles. Adsorbed substances of particular concern
include oxides of sulfur (SOX), polycyclic aromatic hydrocarbons (PAHs), and heavy metals such as
lead, cadmium, zinc and mercury. The PAHs include such compounds as benzo(a)pyrene and 1nitropyrene, which are known carcinogens. Moreover, recent evidence has indicated that the particles
themselves may have intrinsic toxic and carcinogenic properties. (Health Effects Institute, A Critical
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Analysis of Emissions, Exposure and Effects. Health Effects Institute, Cambridge, MA. April 1995.)
In addition to the irritating and intrinsic toxic and carcinogenic characteristics of the particles
themselves, when the chemical compounds contained in diesel exhaust are emitted into and
transported through the atmosphere, certain chemical and physical transformations occur, producing
secondary compounds. These transformations can be induced by the presence of sunlight, ozone,
hydroxyl radicals and/or nitrate radicals. These secondary compounds can be as, if not more,
detrimental to human health as the primary components of diesel exhaust. Their presence can
increase the toxicity and carcinogenicity of the primary constituents of diesel exhaust and lengthen
the time the primary compounds remain in the ambient air. For example, PAHs react in the
atmosphere with hydroxyl radicals in the presence of NOx to form nitro-PAHs and oxygenated nitroPAHs, which are often more mutagenic, carcinogenic and water-soluble than the parent PAHs.
(Health Effects Institute, A Critical Analysis of Emissions, Exposure and Effects. Health Effects
Institute, Cambridge, MA. April 1995.)
By reducing emissions of NOx, PM and toxics throughout the State, such a program would
generally have a beneficial and positive impact on the State’s residents by providing them with cleaner
air and thus a healthier environment, particularly those who reside in areas with a high volume of
diesel-powered motor vehicle traffic.
Economic Impact
The proposed new rules and amendments would have a primary economic impact on
manufacturers of new heavy-duty diesel engines, including those who entered into the consent
decrees. Since the engine manufacturers subject to the terms of the consent decrees will have already
been manufacturing engines meeting these standards since 2002, the effect of the New Jersey rule
would only be to assure, for any engines to be sold in this State, that they do not revert to the less
stringent standards now in effect when the requirements of the consent decrees expire. (The consent
decree manufacturers produce approximately 80 percent of the heavy-duty engines sold nationwide.)
For those engine manufacturers not subject to the terms of the consent decrees, the New Jersey rule
would require them to meet NTE standards two years earlier than they would otherwise have been
16
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under the EPA requirements, for vehicles sold in this State. In addition, during the time frame
covered by the New Jersey rule, all of the heavy-duty engine manufacturers will also be required to
meet these same standards for any engines they produce for sale in California under its newly
promulgated rules (and for sale in any other state which adopts California's standards). The economy
of scale which will result as more and more states adopt these standards for this time period may well
lessen the economic impact of New Jersey's requirements. Based on the EPA's calculations for the
new federal standards, the California Air Resources Board (CARB) projects the average cost to a
manufacturer of compliance with its rules to be less than $800 per engine, resulting in a lifetime
reduction of 2.41 tons of NOx, at a cost of $0.17 per pound.
A more detailed explanation of the cost of compliance to the engine manufacturers, based
on the EPA’s calculations, is provided by CARB in its Staff Report: Initial Statement of Reasons,.
This report is available at CARB’s website at: http://www.arb.ca.gov/regact/ntetest/ntetest.htm.
Highlights from that explanation follow:
Estimated Costs to Engine Manufacturers:
CARB estimated the costs of the supplemental test procedures based on EPA's analysis for
its Final Rule. The EPA's analysis not only includes costs to comply with similar supplemental test
procedures, but also includes costs to reduce NOx emissions from 4.0 g/bhp-hr to NOx plus NMHC
emissions of 2.5 g/bhp-hr. Because the EPA's analysis includes costs for requirements in addition to
the supplemental test procedures, CARB considered the costs to be a conservative, worst case
estimate and expected actual costs for compliance with the supplemental test procedures to be
markedly less. All engine manufacturers are assumed to utilize multiple technologies to satisfy the test
procedure requirements for 2005 and subsequent model year medium and heavy heavy-duty engines.
To estimate the incremental effect of the federal FTP standards and supplemental test procedures on
engine costs, the EPA determined the most likely combination of technologies necessary to meet the
requirements. The technologies which are expected to be used, include combustion optimization,
electronic controls, improved fuel injection, cooled exhaust gas recirculation, and variable and
multiple geometry turbochargers. The only non-emission parameters affected were engine
performance, fuel consumption, and life of the engine. The net result of the non-emission benefits was
17
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a slight increase in annual costs associated with these effects. Assuming that engine manufacturers
pass on the entire costs of the new test procedures to the end users, the incremental increase in
per-engine price and overall lifetime operating costs have been estimated. CARB’s cost estimates,
which are identical to those determined by the EPA, are presented in Table 1:
18
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Table 1 - Projected Unit Costs per Engine
Medium Heavy-Duty (14,001 – 33,000 lbs. GVWR)
Item
Cooled EGR (high-flow)
EGR durability
Combustion optimization
Improved fuel injection
Variable geometry turbochargers
Emission map testing
Certification
TOTAL
Fixed Cost
$106.00
$ 28.00
$ 57.00
$ 10.00
$ 18.00
$ 5.00
$ 9.00
$233.00
Variable Cost
$249.00
$ 0.00
$ 0.00
$ 65.00
$127.00
$ 0.00
$ 0.00
$441.00
Fixed Cost
$106.00
$28.00
$57.00
$10.00
$18.00
$5.00
$9.00
$233.00
Variable Cost
$345.00
$0.00
$0.00
$72.00
$174.00
$0.00
$0.00
$591.00
Heavy Heavy-Duty (33,000 lbs. and greater GVWR)
Item
Cooled EGR (high-flow)
EGR durability
Combustion optimization
Improved fuel injection
Variable geometry turbochargers
Emission map testing
Certification
TOTAL
Source: U.S. EPA’s Final Regulatory Impact Analysis: Control of Emissions of Air Pollution from Highway HeavyDuty Engines, July 2000. Costs are in year 2000 dollars.
The estimated costs are separated into incremental engine purchase price and annual operating
costs. The incremental engine purchase price for new engines includes the fixed and variable costs.
Fixed costs are costs associated with research and development, retooling, and certification. Variable
costs are costs associated with hardware and assembly. Annual operating costs include any expected
increases in maintenance and/or fuel consumption. The EPA relied on a study of the economic
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impacts on heavy-duty highway engines by Accurex Environmental Corporation.1 All costs in the
Accurex study were presented in year 1995 dollars, although the costs shown in the table above are
in year 2000 dollars.
Although hardware costs generally decline over time, the proposed test procedures will only
affect model year 2005 and 2006 engines. Therefore, the resulting costs per engine per model year
are as detailed in Table 2.
Table 2 - Projected Lifetime Net Present Value Cost per Engine
Lifetime NPV Cost
$
716.69
$
915.35
Medium Heavy-Duty
Heavy Heavy-Duty
Parties affected by the rule also include purchasers of new heavy-duty diesel vehicles.
Presumably some or all of the $800 average additional cost of manufacturing compliant engines
would be passed on to the consumer. As CARB points out in its Staff Report, Initial Statement of
Reasons, the proposed supplemental test procedures may require additional or upgraded engine
accessories. As a result, the HDDEs may be more costly to manufacture, and hence heavy-duty
vehicles may cost more. Due to the potential price increase for HDDEs, transportation companies
may be affected. In addition, engines complying with the NTE standards are less fuel efficient,
making the vehicles using these engines more costly to fuel. However, to the extent that this
increased fueling expense represents part of the increased operating cost of about $4.03 to $8.62, it
is not significant. Tables 3 and 4 reflect the baseline average costs for a heavy-duty diesel engine,
vehicle, and the operating costs based on a 30-year lifetime and the potential increases to those costs,
respectively.
1
“Benefits of Reducing Mobile Source NOx Emissions,” prepared by Accurex Environmental
Corporation for U.S. EPA, March 31, 1997. The Accurex Environmental Corporation has since changed its name
to Arcadis Geraghty & Miller.
20
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Table 3 - Baseline Heavy-Duty Engine and Vehicle Costs
Heavy-Duty Class
Medium Heavy-Duty
Heavy Heavy-Duty
Engine Cost
$ 13,938.00
$ 24,391.00
Vehicle Cost
$ 51,852.00
$108,455.00
Operating Cost
$ 35,116.00
$121,422.00
Source: U.S. EPA’s Final Regulatory Impact Analysis: Control of Emissions of Air Pollution from Highway
Heavy-Duty Engines, July 2000. Costs are in year 2000 dollars.
Table 4 - Potential Cost Increases for Transportation Businesses
Total
Heavy-Duty Class
Medium Heavy-Duty
Heavy Heavy-Duty
Increased Engine and
Increased Annual
Annualized
Vehicle Cost (2005)
$ 674.00
$ 824.00
Operating Cost
$ 4.03
$ 8.62
Cost (20 year)
$ 67.65
$ 86.40
Source: U.S. EPA’s Final Regulatory Impact Analysis: Control of Emissions of Air Pollution from
Highway Heavy-Duty Engines, July 2000. Costs are in year 2000 dollars.
However, counterbalancing the cost of compliance is the positive economic impact that these
proposed amendments will have, in that the resulting air quality benefits from the implementation of
the heavy-duty diesel new engine standards will reduce the substantial cost to the State and its citizens
associated with air pollution. These costs include health care costs and the cost of damage to
buildings, materials, crops and vegetation. Health care costs for air pollution-related illnesses in the
United States are estimated to be on the order of $50 billion per year. In addition, the American
Lung Association estimates that, nationally, 182 million people face health threats from ground-level
ozone alone. By decreasing the public's exposure to ozone, NOx, PM2.5 and air toxics, these
amendments and new rules will lessen these health care costs. Air pollutants also have a direct
adverse effect on vegetation, livestock, and certain materials, such as rubber and glass. Although
economic losses due to air pollution damage in these areas are difficult to quantify (since it is difficult
to distinguish between natural deterioration and that which is caused by air pollutants), past estimates
21
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have indicated that losses from material damage alone have exceeded $4 billion annually nationwide.
(Godish, Thad. Air Quality, 2nd Ed., (Chelsea, Michigan: Lewis Publishers, Inc., 1991), p.207.)
Environmental Impact
The methodology used to calculate the air quality benefits of this proposed rulemaking was
developed by CARB.2 The equation used to calculate the excess NOx emissions, if the NTE and ESC
standards were not required, for the 2005 and 2006 model years is as follows:
(Equation 1):
Excess Emissions (tons per day) = EF x CF x (Daily VMT) x (Percent steady state)
909,091
Where:
EF = The incremental NOx emission factor in grams per brake horsepower-hour (2.5 g/bhp-hr). This
number was obtained by subtracting the FTP standard from the emission rate at steady-state mode.
The emission rate at steady-state was provided, by one manufacturer of heavy-duty engines, as
confidential information to the California ARB.
CF = The conversion factor from gram per bhp-hr to grams per mile; 2.6 for heavy-duty diesel
engines; from California’s Motor Vehicle Emission Factor Model – MVEI7G.
Daily VMT = Total heavy-duty diesel vehicle daily miles traveled in New Jersey
Percent steady state = The percent of VMT under steady-state mode. The split between steady-state
mode and the urban or transient mode of driving is from the USEPA’s Defeat Device Spreadsheet
model. Data in the model was derived from individual engine family defeat device response data
provided to the USEPA by engine manufacturers as confidential and proprietary information.
Estimation from this model resulted in a 72% steady-state mode for heavy-heavy duty vehicles.
2
CARB, 2000, “Staff Report: Initial Statement of Reasons; Public Hearing to Consider Amendments to Adopt NotTo-Exceed And Euro III European Stationary Cycle Emission Test Procedures for the 2005 and Subsequent Model Year HeavyDuty Diesel Engines”
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909,091 = Conversion factor from grams per day to tons per day
Excess NOx emissions for the Philadelphia and New York Ozone Non-attainment Areas
(NAAs) were calculated using the Incremental Excess NOx Emissions Due to No NTE Standard
spreadsheet developed by CARB, which uses Equation 1. These results are shown in Table 5.
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Table 5 - Nonattainment Area HDDV VMT and Excess NOx Emissions Reduced by the
Proposed Rulemaking
New Jersey Portion of
New Jersey Portion of
Philadelphia NAA
New York NAA
2005
2006
2005
2006
Calendar Year
Calendar Year
Calendar Year
Calendar Year
1,453,657
1,473,034
2,738,279
2,767,759
0.5
0.9
0.9
1.8
HDDV Vehicle
Miles Traveled
(VMT) in New
Jersey3
Excess NOx
(in Tons per
Day)
The impact of ground-level ozone is primarily upon human health and well-being. These
effects are discussed at length in the Social Impact section of this proposal. In addition to human
health effects, studies have shown that increased ozone levels damage foliage. One of the earliest and
most obvious manifestations of ozone impact on the environment is this type of damage to sensitive
plants. Subsequent effects include reduced plant growth and decreased crop yield. A reduction in
ambient ozone concentrations will mitigate damage to foliage, fruits, vegetables and grain.
Decreased ozone levels will also result in less degradation of various man-made materials,
such as rubber, plastics, dyes and paints. This degradation is caused by the oxidizing properties of
ozone. However, if the photochemical production of ground-level ozone can be limited, as it will be
with the implementation of the proposed amendments and new rules, this degradation will be
significantly reduced.
3
NJDEP, 2000, "Proposed State Implementation Plan (SIP) Revision for the Attainment & Maintenance of the Ozone
National Ambient Air Quality Standard (NAAQS): New Jersey 1996 - Actual Emission Inventory and Rate of Progress (ROP)
plans for 2002, 2005 & 2007"
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Although ozone is well-known for its damaging effects on the environment, NOx can also
independently cause significant environmental degradation. Oxides of nitrogen are the primary
constituents involved in the deposition of air toxics, commonly referred to as acid rain, into lakes and
coastal waters. Acid rain damages plants and trees, and injures aquatic life by acidifying lakes and
streams. By adopting heavy-duty diesel new engine standards, the Department is continuing its
efforts, begun with the enhanced diesel inspection and maintenance program, to decrease emissions
of NOx from heavy-duty diesel vehicles into the atmosphere and benefit the environment of New
Jersey.
Federal Standards Analysis
Executive Order No. 27 (1994) and N.J.S.A. 52:14B-1 et seq. (P.L. 1995, c. 65), require
State agencies which adopt, readopt or amend State regulations that exceed any Federal standards
or requirements to include in the rulemaking document a Federal Standards Analysis. The adopted
new rules and amendments to N.J.A.C. 7:27-26 do exceed Federal standards for heavy-duty diesel
engines sold in New Jersey. A comparison of these standards was provided in the Summary of the
proposal of these new rules and amendments, which also included the policy reasons for going beyond
the federal new engine standards. While it is not possible to project a precise estimate of the savings
which these measures will afford the State and its residents, an increase of no more than $800 per
vehicle will be more than offset by the economic benefits of complying with Clean Air Act mandates
regarding attainment of the NAAQS for ozone and the actual savings related to reduced health care
costs which cleaner air provides, as was discussed in the impact statements in the proposal of these
new rules and Executive Order No. 27 (1994) and N.J.S.A. 52:14B-1 et seq. (P.L. 1995, c. 65),
require State agencies which adopt, readopt or amend State regulations that exceed any Federal
standards or requirements to include in the rulemaking document a Federal Standards Analysis. The
proposed amendments to N.J.A.C. 7:27-26 do exceed Federal standards for heavy-duty diesel engines
sold in New Jersey. A comparison of these standards is included in the Summary above.
The policy reasons for going beyond the federal new engine standards are also discussed in
the Summary. While it is not possible to project a precise estimate of the savings which these
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measures will afford the State and its residents, an increase of no more than $800 per vehicle will be
more than offset by the economic benefits of complying with Clean Air Act mandates regarding
attainment of the NAAQS for ozone and the actual savings related to reduced health care costs which
cleaner air provides, as is discussed in the impact statements, above.
Jobs Impact Statement
The Economic Impact statement above discusses the costs that the Department anticipates
will result from the adoption of California’s standards for new heavy-duty diesel engines. Each
member of the regulated community will choose its own approach or combination of approaches to
defray these costs. Examples of such approaches include decreasing the rate of growth of any of the
following: other business expenditures; dividends and other distributions; and compensation to
management and other employees. In addition, increased compliance costs could be passed on in the
form of higher prices for goods and services sold by regulated companies. More specifically, entities
purchasing heavy-duty diesel vehicles might cut back on their equipment investments, or their facility
improvements, or reduce their workforce. On the other hand, some jobs may be created in research
and development to enhance the design of current engine models and some jobs may also be created
in businesses manufacturing and distributing parts. However, because each affected entity may well
choose its own approach or combination of approaches to defray the economic cost of compliance,
it is not possible to estimate accurately the extent, if any, to which these proposed new rules and
amendments will affect employment in New Jersey.
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Agriculture Industry Impact Statement
Pursuant to P.L. 1998, c. 48, adopted on July 2, 1998, the Department has evaluated this
rulemaking to determine the nature and extent of the impact of the proposed new rules and
amendments on the agriculture industry. The proposed new rules and amendments, regarding
standards for new heavy-duty diesel engines, will have no greater impact upon the agriculture industry
than on any other industry in New Jersey; that is, to the extent that farmers and other participants in
the agriculture industry purchase new heavy-duty diesel vehicles, they may face somewhat increased
purchase costs, depending upon the extent to which the increased cost of producing NTE-compliant
engines is passed on to the purchaser. In addition, they, like all other purchasers of such vehicles in
New Jersey, would face an increased operation cost, as these vehicles are somewhat more costly to
fuel and operate. It should be noted that "non-road" heavy-duty farming equipment is not covered
by this rulemaking and only the on-road vehicles used in agriculture to, for example, transport crops
and other agriculture-related materials would be covered by this rule.
Regulatory Flexibility Analysis
In accordance with the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.,
the Department has determined that the proposed amendments will not impose additional reporting
or recordkeeping requirements on small businesses (defined in the Regulatory Flexibility Act as those
with fewer than 100 employees). The proposed new rules and amendments will impose additional
compliance requirements on small businesses which purchase heavy-duty diesel vehicles by
prohibiting them from purchasing non-compliant heavy-duty diesel vehicles beginning with model
year 2005. (There are no heavy-duty diesel engine manufacturers in New Jersey.)
The cost of compliance for such small businesses would presumably not differ from the cost
borne by all other affected entities; that is, the cost of manufacturing a compliant engine is not
expected to exceed $800. The cost of purchasing a compliant vehicle cannot yet be determined and
would depend upon how much of the increased cost of manufacture is passed on to the purchaser.
Nor would small businesses need to employ professional services in order to comply with these
requirements. These costs are discussed in greater detail in the Economic Impact Statement, above.
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As these increased compliance costs are not expected to be excessive or to fall disproportionately on
these small businesses, no provision is being made to minimize their impact.
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Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets
[thus]):
CHAPTER 27. SUBCHAPTER 26. NATIONAL LOW EMISSION VEHICLE PROGRAM AND
HEAVY-DUTY DIESEL NEW ENGINE STANDARDS
7:27-26.1 Definitions
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
...
"Certified" means [the finding] ,in respect to a motor vehicle, motor vehicle engine or
engine family, or air contaminant emission control system, having been found by the California
Air Resources Board [that a motor vehicle, motor vehicle engine or engine family, or air contaminant
emission control system has] to have satisfied the criteria adopted by the California Air Resources
Board for the control of specified air contaminants from motor vehicles.
...
"Diesel engine" means a compression ignition type of internal combustion engine.
...
"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer
as the maximum design loaded weight of a single vehicle.
“Heavy-duty diesel engine” means a diesel engine that is used to propel a heavy-duty
motor vehicle.
"Heavy-duty engine" means an engine which is used to propel a heavy-duty vehicle.
“Heavy-duty motor vehicle” means a motor vehicle with a GVWR of 14,001 pounds or
more.
...
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"Non-methane organic gas" or "NMOG" [shall mean] means the total mass of oxygenated
and non-oxygenated hydrocarbon emissions.
...
"OTC-LEV program" means the program established in this subchapter at N.J.A.C.
7:27-26.1 through 7, N.J.A.C. 7:27-26.15 and 16, which regulates certain motor vehicles,
certain motor vehicle engines or engine families, and/or certain air contaminant emission
control systems.
"OTC-LEV program control system" means an air contaminant emission control
system designed for use and/or used to enable an OTC-LEV program engine or a OTC-LEV
program vehicle to meet the emission standards of the OTC-LEV program.
"OTC-LEV program engine" means an engine subject to the requirements of the
OTC-LEV program.
"OTC-LEV program vehicle" means a motor vehicle subject to the requirements of the
OTC-LEV program.
"Ozone Transport Commission - Low Emission Vehicle Program" or "OTC-LEV
Program" means a LEV program as set forth in 40 C.F.R. 51.120(c).
...
"Passenger car" or "PC" means any motor vehicle designed primarily for transportation of
persons and having a design capacity of 12 or fewer persons [or less].
...
"Running changes" [mean] means modifications[,] to motor vehicle engines or air
contaminant emission control systems[,] specified by the vehicle manufacturer that are to be effected
by the manufacturer during vehicle production, and which are implemented to correct design defects
that may result in excess emissions from the motor vehicle.
...
"Type A HEV" [shall mean] means an HEV which achieves a minimum range of 60 miles
over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test
Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty
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Vehicles" as incorporated by reference in section 1960.1(k) of Title-13, California Code of
Regulations.
"Type B HEV" [shall mean] means an HEV which achieves a range of 40 to 59 miles over
the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test
Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty
Vehicles" as incorporated by reference in section 1960.1(k) of Title-13, California Code of
Regulations.
"Type C HEV" [shall mean] means an HEV which achieves a range of 0 to 39 miles over the
All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures
for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as
incorporated by reference in section 1960.1(k) of Title-13, California Code of Regulations.
...
“Ultra-small volume manufacturer” means any manufacturer with cumulative
California sales of new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty
vehicles, and heavy-duty engines, that total no more than 300 per model year based on the
average number of vehicles and engines sold by the manufacturer in the previous three
consecutive model years.
“Urban bus” means a passenger-carrying vehicle powered by a heavy heavy-duty diesel
engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load
capacity of fifteen (15) or more passengers and intended primarily for intra-city operation, i.e.,
within the confines of a city or greater metropolitan area. Operation of such vehicles is
characterized by short rides and frequent stops. To facilitate this type of operation, more than
one set of quick-operating entrance and exit doors would normally be installed. Since fares
are usually paid in cash or token, rather than purchased in advance in the form of tickets, such
vehicles would normally have equipment installed for the collection of fares. Such vehicles are
also typically characterized by the absence of equipment and facilities for long distance travel,
e.g., restrooms, large luggage compartments, and facilities for stowing carry-on luggage.
...
31
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7:27-26.2 Applicability
(a)
N.J.A.C. 7:26.1 through 26.7, 26.11, 26.15 and 26.16 [T his subchapter] shall apply
to all 1999 model year and subsequent model year motor vehicles which are passenger cars and lightduty trucks, motor vehicle engines in such motor vehicles, and air contaminant emission control
systems for such motor vehicles and motor vehicle engines , otherwise referred to in this
subchapter as "OTC-LEV program vehicles, engines and control systems."
(b)
(No change.)
(c)
Upon termination of the State’s participation in the NLEV Program, the provisions
of N.J.A.C. 7:27-26.1 through 26.7, 26.11, 26.15 and 26.16 [of this subchapter] shall apply to
OTC-LEV program vehicles, engines, and control systems. Notice of such termination shall be
published in the New Jersey Register.
(d)
Notwithstanding (a) above, the provisions of N.J.A.C. 7:27-26.1 through 26.7,
26.11, 26.15 and 26.16 [of this subchapter] shall not apply to OTC-LEV program vehicles,
engines, and control systems unless the combined number of registrations of new motor vehicles
in those states and the District of Columbia, excluding New Jersey, within the OTR that have enacted
legislation or adopted rules and regulations establishing and implementing a low emission vehicle
program for a motor vehicle model year not later than 1999, is equal to or greater than 40 percent
of the total number of registrations of new motor vehicles in all of the states and the District of
Columbia within the OTR.
(e)
N.J.A.C. 7:27-26.1, 26.8 through 26.11, 26.15 and 26.16 shall apply to all new
heavy-duty motor vehicles which are equipped with 2005 and subsequent model year heavyduty diesel engines.
7:27-26.3 Prohibitions (OTC-LEV Program) (No change in rule text)
7:27-26.4 Emission certification standards (OTC-LEV Program) (No change in rule text)
7:27-26.5 Fleet average (OTC-LEV Program) (No change in rule text)
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7:27-26.6 [Enforcement] Reporting and New Motor Vehicle Dealer Requirements (OTC-LEV
Program)
(a) - (b)
[(c)
(No change.)
The Department and its representatives shall have the right to enter and inspect any
site, building, equipment, or vehicle, or any portion thereof, at any time, in order to ascertain
compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C-1 et seq., this
subchapter, any exemption, or any order, consent order, agreement, or remedial action plan issued,
approved or entered into pursuant thereto. Such right shall include, but not be limited to the right
to test or sample any materials, motor vehicles or motor vehicle engines or any emissions therefrom,
at the facility, to sketch or photograph any portion of the site, building, vehicles or motor vehicle
engines, to copy or photograph any document or records necessary to determine such compliance or
non-compliance, and to interview any employees or representatives of the owner, operator or
registrant. Such right shall be absolute and shall not be conditioned upon any action by the
Department, except the presentation of appropriate credentials as requested and compliance with
appropriate standard safety procedures.
(d)
Except with respect to the fleet average requirements set forth in N.J.A.C.
7:27-26.5(a), failure to comply with any of the obligations or requirements of this subchapter shall
subject the violator to an enforcement action pursuant to the provisions of N.J.S.A. 26:2C-19.]
7:27-26.7 Additional requirements (OTC-LEV Program) (No change in rule text)
[7:27-26.8 through 26.14
(Reserved)]
7:27-26.8 Requirements for Vehicle Transactions (New HDDE Standards Program)
(a) No person who is a resident of this State, or who operates an established place of
business within this State, shall sell, lease, rent, import, deliver, purchase, acquire, receive or
otherwise transfer in this state, or offer for sale, lease, or rental in this state (or attempt or
assist in any of these actions) any of the following types of motor vehicles or engines that are
intended primarily for use or for registration in this state, unless the manufacturer of the
engine has received an Executive Order issued by the California Air Resources Board for such
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publishing it in the New Jersey Register. Please refer to the July 16, 2001 New Jersey Register for the official text of the proposal.
engine, certifying that the engine complies with the applicable exhaust emission standards
under Title 13, section 1956.8 of the California Code of Regulations, incorporated herein by
reference:
1. A 2005 or subsequent model year heavy-duty diesel engine;
2. A new motor vehicle equipped with a 2005 or subsequent model year heavyduty diesel engine; or
3. A motor vehicle with a new 2005 or subsequent model year heavy-duty diesel
engine.
(b)
For the purposes of this subchapter, it is conclusively presumed that the
equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more
has been transferred to an ultimate purchaser, and that the equitable or legal title to any
motor vehicle with an odometer reading of less than 7,500 miles has not been transferred to
an ultimate purchaser.
7:27-26.9 Exemptions and Technology Review (New HDDE Standards Program)
(a) Notwithstanding the provisions of N.J.A.C. 7:27-26.8, the requirements set forth
at N.J.A.C. 7:27-26.8 through 11 shall not apply to:
1. A model year 2005 or 2006 heavy-duty diesel engine manufactured by an
ultra-small volume manufacturer or intended for use in an urban bus;
2. A heavy-duty diesel engine of a model year and engine family for which
CARB has determined, based upon its technology review, that compliance with its heavy-duty
diesel engine standards is not required;
3. A vehicle acquired outside of New Jersey by a New Jersey resident for the
purpose of replacing a vehicle registered to the resident which, while out of New Jersey, was
stolen, or was damaged, or became inoperative, beyond reasonable repair; provided that such
replacement vehicle is acquired within a reasonable amount of time following the time the
previously owned vehicle was either stolen, damaged, or became inoperative;
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This proposal has been filed with the Office of Administrative Law. The Office of Administrative Law will edit this proposal before
publishing it in the New Jersey Register. Please refer to the July 16, 2001 New Jersey Register for the official text of the proposal.
4. A vehicle transferred by inheritance, or by a decree of divorce, dissolution,
or legal separation entered by a court of competent jurisdiction;
5. An emergency vehicle;
6. A military tactical vehicle or equipment; or
7. Any other vehicle exempted by the California Health and Safety Code, section
43656.
7:27-26.10 Manufacturer Compliance With California Orders and Voluntary Recalls (New
HDDE Standards Program)
(a) Any order or enforcement action taken by the California Air Resources Board to
correct noncompliance with any heavy-duty diesel engine requirements adopted by such Board
on December 8, 2000 shall be applicable to all such engines and motor vehicles subject to this
subchapter that are sold, leased, or rented, offered for sale, lease, or rental, or registered in
New Jersey, except where the manufacturer demonstrates to the Department’s satisfaction,
within 21 days of issuance of such California Air Resources Board action, that this action is
not applicable to such engines or vehicles in New Jersey.
(b) Any voluntary or influenced emission-related recall campaign initiated by any
manufacturer pursuant to Title 13, sections 2113 through 2121 of the California Code of
Regulations shall extend to all applicable engines and motor vehicles subject to this
subchapter, sold, leased, or rented, offered for sale, lease, or rental, or registered in New Jersey,
except where the manufacturer demonstrates to the Department’s satisfaction, within 21 days
of approval of the campaign by the California Air Resources Board, that this campaign is not
applicable to such engines or vehicles in New Jersey.
N.J.A.C. 7:27-26.11. Enforcement
(a)
The Department and its representatives shall have the right to enter and inspect
any site, building, equipment, or vehicle, or any portion thereof, at any time, in order to
ascertain compliance or non-compliance with the Air Pollution Control Act, N.J.S.A. 26:2C-1
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publishing it in the New Jersey Register. Please refer to the July 16, 2001 New Jersey Register for the official text of the proposal.
et seq., this subchapter, any exemption, or any order, consent order, agreement, or remedial
action plan issued, approved or entered into pursuant thereto. Such right shall include, but
not be limited to the right to test or sample any materials, motor vehicles or motor vehicle
engines or any emissions therefrom, at the facility, to sketch or photograph any portion of the
site, building, vehicles or motor vehicle engines, to copy or photograph any document or
records necessary to determine such compliance or non-compliance, and to interview any
employees or representatives of the owner, operator or registrant. Such right shall be absolute
and shall not be conditioned upon any action by the Department, except the presentation of
appropriate credentials as requested and compliance with appropriate standard safety
procedures.
(b)
Except with respect to the fleet average requirements set forth in N.J.A.C.
7:27-26.5(a), failure to comply with any of the obligations or requirements of this subchapter
shall subject the violator to an enforcement action pursuant to the provisions of N.J.S.A.
26:2C-19.
7:27-26.12 - 14. Reserved.
7:27-26.15 Incorporation by reference
(a) - (d) (No change.)
(e)
The following documents and sources are incorporated by reference within this
subchapter:
1. - 12. (No change.)
13.
"California Exhaust Emission Standards and Test Procedures for 1985 and
Subsequent Model Heavy-Duty Diesel-Engines and Vehicles: adopted December
8, 2000, CARB;
14.
40 Code of Federal Regulations (C.F.R.) Part 86, Subpart A, "General
Provisions for Emission Regulations for 1977 and Later Model Year New LightDuty Vehicles, Light-Duty Trucks, and Heavy-Duty Engines, and for 1985 and
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publishing it in the New Jersey Register. Please refer to the July 16, 2001 New Jersey Register for the official text of the proposal.
later Model Year New Gasoline-Fuel and Methanol Fueled Heavy-Duty
Vehicles";
15.
40 Code of Federal Regulations (C.F.R.) Part 86, Subpart I; “Emission
Regulations for New Diesel Heavy-Duty Engines; Smoke Exhaust Test
Procedure” and
16.
40 Code of Federal Regulations (C.F.R.) Part 86, Subpart N, "Emission
Regulations for New Otto-Cycle and Diesel Heavy-Duty Engines; Gaseous and
Particulate Exhaust Test Procedures."
(f)
(No change.)
7:27-26.16 Severability (No change.)
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