LEV adoption - NJ.gov

ENVIRONMENTAL REGULATION

OFFICE OF AIR QUALITY MANAGEMENT
Low Emission Vehicle (LEV) Program
Adopted Amendments: N.J.A.C. 7:27-26.1, 26.2, 26.3, 26.8 through 26.11,
26.15, 26.16, and 7:27A-3.10.
Adopted New Rules: N.J.A.C. 7:27-29.
Adopted Repeals: N.J.A.C. 7:27-26.3 through 26.7, and 26.12 through
26.14, and Appendix.
Proposed: August 1, 2005 as 37 N.J.R. 2762(a)
Adopted: November 28, 2005 by Bradley M. Campbell, Commissioner,
Department of Environmental Protection.
Filed: December 19, 2005, as R.2006 d. 34 , with technical and
substantive changes not requiring additional public
notice and comment (See N.J.A.C. 1:30-6.3).

Authority: N.J.S.A 26:2C-1 et seq., particularly 26:2C-8.15 et seq., and
54:32B-8.55
DEP Docket Number: 24-05-06/460
Effective Date: January 17, 2006
Operative Date: January 27, 2006
Expiration Date: Exempt.

The Department of Environmental Protection (Department) has adopted
new rules and amendments regarding the sale, for registration in New
Jersey, of passenger cars and light-duty trucks delivered for sale in New
Jersey on and after January 1, 2009.
The Department is amending N.J.A.C. 7:27-26, National Low Emission
Vehicle (NLEV) and Heavy-Duty Diesel New Engine Requirements Program, to
repeal the NLEV program portion of the rules. In addition, the Department
is adopting a new Subchapter 29 to implement the California Low Emission
Vehicle (LEV) program in New Jersey, as directed by N.J.S.A. 26:2C-8.15 et
seq., and adding related penalties at N.J.A.C. 7:27A-3.10, Air
Administrative Procedures and Penalties.
The comments the Department received on the proposed rulemaking are
summarized and responded to below.
Summary of Hearing Officer's Recommendations and Agency Responses:
Chris Salmi, Assistant Director of the Department's Division of Air
Quality, served as the Hearing Officer at the September 15, 2005 public
hearing on the proposed rules and the proposed State Implementation Plan
(SIP) revisions that the rules represent, held at the Trenton War Memorial,
Memorial Drive, Trenton, New Jersey. The comment period for the proposal
and the proposed SIP revision closed on September 30, 2005. The Hearing
Officer recommended that the Department adopt the amendments, new rules and
recodification as proposed, with the changes described below. The
Department has accepted the Hearing Officer's recommendations. A record of
the public hearing is available for inspection in accordance with
applicable law by contacting:
Department of Environmental Protection
Office of Legal Affairs
ATTN: Docket No. 29-04-11/455
401 East State Street
PO Box 402
Trenton, New Jersey 08625-0402


This adoption document can also be viewed or downloaded from the
Department's website at www.nj.gov/dep/aqm, where the Department has posted
Air Quality Management rules, proposals, adoptions and SIP revisions.


Summary of Public Comments and Agency Responses:
The Department received oral and/or written comments on its proposed
amendments from the following persons:
1. Thomas C. Austin, Sierra Research, Inc., at the request of the
Alliance of Automobile Manufacturers
2. C. Dianne Black-Nixon, Aston Martin
3. Kelly Brown, Ford Motor Company
4. Kelly Brown, Large Volume Manufacturers
5. John Cabaniss, Jr., Association of International Automobile
Manufacturers (AIAM)
6. Coralie Cooper, Northeast States for Coordinated Air Use Management
(NESCAUM)
7. Gregory Dana, Alliance of Automobile Manufacturers
8. James S. Ehlmann, Large Volume Automobile Manufacturers
9. Christopher A. James, State of Connecticut, Dept. of Environmental
Protection
10. Suzanne Leta, NJPIRG (New Jersey Public Interest Research Group)
11. S. Kingsley Macomber, Sierra Research, Inc
12. Reginald Modlin, DaimlerChrysler
13. Philip J. Morin III, Alliance of Automobile Manufacturers
14. Dena Mottola, NJPIRG; David Pringle, New Jersey Environmental
Federation, Eric Stiles, NJ Audobon Society and Jeff Tittel, Sierra
Club of NJ
15. Joseph S. Oswald, citizen
16. Dr. Kim M. Pacanovsky, citizen
17. Michael L. Pisauro, Jr., New Jersey Environmental Lobby (NJEL)
18. Gerald Plante, Subaru
19. David Pringle, himself and family, and New Jersey Environmental
Federation (NJEF)
20. Theodore Spencer, Natural Resources Defense Council
21. Jeff Tittle, Sierra Club of New Jersey
22. Alan R. Weverstad, General Motors

Comments are arranged by section. If a comment does not pertain to a
specific section of the rules, it has been placed under the "General
Comments" category. The "General Comments" category has been grouped by
topic. At the end of each comment, the specific commenter(s) is referenced
by placing the above numbers in parentheses.
The comments are as follows:
General Comments Organized by Topic:
Comments in Support of Proposal

1. COMMENT: The LEV program is important for New Jersey, as the State's
air pollution is at the top of the list nationwide. Most importantly,
adoption of the clean car program will give the biggest automakers in this
nation the push they need to apply innovative research and development that
could once and for all put our nation on the path to a zero emissions clean
air future. Given the expected growth in automobile miles traveled in New
Jersey in the next few decades, coupled with the need to protect our health
and quality of life, a clean cars future is the only acceptable future.
Clean cars are not just critical to cleaning up unhealthy air
pollution and global warming emissions, they also offer New Jersey
consumers, business and government agencies the promise of energy security
and financial stability in the face of tumultuous gas prices and world
events.
The Department and the Codey Administration are to be applauded for
moving forward with the adoption of the LEV program. Adopt these rules
without delay, so that the rules may be in place by the end of the year and
the program can follow in January of 2009. New Jersey's citizenry can ill
afford to wait any longer than they already have for the cleaner air,
energy independence and economic security these cleaner cars can bring to
us. (10, 14)
2. COMMENT: New Jersey simply cannot restore our air quality without
adopting the strongest possible car emission standards (in addition to
taking other steps). In addition to strengthening the limits on pollutants
that cause substantial health and environmental harm, the LEV program
ensures that New Jersey is using its buying power to encourage carmakers to
bring cleaner advanced technology cars to the consumer market.
The benefits of the LEV program are well documented by the Department
in this rule proposal, as well as by NESCAUM, and the other states that
have adopted the program. The Department's analysis of the positive
benefits of the rules as outlined in the Social Impact and Environmental
Impact is correct. Also, the Department's analysis is correct in the
Economic Impact section, finding that consumers would benefit economically
and that the cost of compliance with the rules is negligible and not a
burden to the State budget. The commenter submitted several reports in
support of the rules: "Cars and Global Warming: Policy Options to Reduce
New Jersey's Global Warming Pollution from Cars and Light Trucks" and
"Clearing the Air: The Low-Emission Vehicle II Program and Its Impacts on
New Jersey." (14)
3. COMMENT: The commenter supports the rules and the implementation of
the LEV program in New Jersey. These rules reflect the intent of the
Legislature and will carry out the mandate of the Legislature and Governor
to come up with a program that will make New Jersey's air cleaner. The
State needs these rules to go forward, if it intends to maintain its air
quality and look forward into the next century. (21)
4. COMMENT: The commenter very strongly supports this rule proposal,
and the inclusion of the so-called Pavley amendments (amendments to the
California law proposed by Assemblywoman Fran Pavley). The rules are
especially pertinent in light of gas prices and the nation's dependence on
foreign oil and all the commensurate environmental and economic problems
that come with it. (19)
5. COMMENT: It is important for the State to continue to move towards
attainment of the National Ambient Air Quality Standards (NAAQS) and even
to improve over that minimum standard. While not perfect, the LEV program
that the Department seeks to implement is a useful tool to this end. (17)
6. COMMENT: The rules are a positive step toward controlling global
warming emissions in New Jersey, and contribute significantly to nationwide
goals. (20)
7. COMMENT: As Northeastern states assess the eight-hour ozone standard
and the contribution of the mobile source sector to nonattainment areas, it
is increasingly clear that mobile sources must be included in efforts to
achieve and maintain healthy air for citizens. Further reductions in ozone
precursors and toxic air emissions from motor vehicles in New Jersey will
not only benefit the people of New Jersey, but will also benefit downwind
states. As such, these reductions are crucial as states continue to work
cooperatively towards meeting health-based air quality standards in our
states and in t