NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
ENVIRONMENTAL REGULATION
DIVISION OF AIR QUALITY

Notice of Rule Proposal
Low Emission Vehicle (LEV) Program (N.J.A.C. 7:27-29), Repeal
of the National Low Emission Vehicle (N.J.A.C. 7:27-26) and
Amendments to Air Administrative Procedures and Penalties (N.J.A.C.
7:27A-3.10)

Public Notice
Take notice that the NJ Department of Environmental Protection
(Department) is proposing new rules and amendments to its rules
regarding the New Jersey Low Emission Vehicle Program (LEV)
and the National Low Emission Vehicle Program (NLEV). New Jersey
proposes to repeal its obsolete National Low Emission Vehicle
(NLEV) Program rules (N.J.A.C. 7:27-26) and related provisions
in the Heavy-Duty Diesel New Engine Requirements Program rules
(N.J.A.C. 7:27-28). This proposal affects only the NLEV program
portion of the rules. Amendments to the Heavy-Duty Diesel New
Engine Program Requirements were proposed separately (see 33
N.J.R. 2381, December 20, 2004). In addition, as directed by
N.J.S.A. 26:2C-8.15, et seq., the Department is proposing a
new subchapter 29 to implement the California Low Emission Vehicle
(LEV) program in New Jersey, and add related penalties at N.J.A.C.
7:27A-3.10, Air Administrative Procedures and Penalties. This
action is consistent with N.J.S.A. 26:2C-8.15 et seq., which
requires the Department to promulgate rules adopting the current
California LEV program, and the Federal Clean Air Act, section
177 (42 U.S.C. § 7507), which grants the authority to other
states to establish more stringent standards than the Federal
program by implementing the California program. This proposal
also constitutes a proposed revision to New Jersey’s State Implementation
Plan (SIP) for attainment of national ambient air quality standards.

The proposal is scheduled to be published in the New Jersey
Register dated August 1, 2005. A
copy of the proposal is available from the Department’s
web site (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) 292-6722, fax: (609) 633-6198

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

Thursday, September 15, 2005 at 10:00 a.m.
NJ Department of Environmental Protection
The Trenton War Memorial
Memorial Drive
The Turning Point Conference Room
Trenton, New Jersey 08628
Directions
to the hearing room.

Written comments may be submitted by close of business on September
30, 2005 to:

NJ Department of Environmental Protection
Alice Previte, Esq.
ATTN: DEP Docket # 24-05-06/460
Office of Legal Affairs
P.O. Box 402
Trenton, New Jersey 08625-0402