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California to New Jersey: New Jersey DEP Proposes Advanced Clean Trucks Program

In our April edition of The APTIM Xchange, we highlighted the potential impacts of the South Coast Air Quality Management District’s (AQMD) proposed Rule 2305, which requires warehouse operators to invest in emissions reduction actions at their warehouses. On May 7, the Governing Board of the AQMD formally adopted Rule 2305 – Warehouse Indirect Source Rule (ISR). Using a points-based system, this rule in general will require operators of warehouse facilities greater than 100,000 square feet to annually invest in zero emissions (ZE) or near-zero emissions (NZE) trucks, pay a mitigation fee, or a combination of the two.

While we await the posting of the “final” version of the rule, the first compliance requirement under the April 7 version of the rule is the submittal of the Warehouse Operations Notification which is due September 1, 2021.  This requirement is for warehouse owners.  Warehouse operators that lease their warehouses are not subject to this requirement.  The initial compliance periods for operators of warehouses are as follows:

There may be legal challenges to the rule that alter or delay the compliance requirements under the rule; however, it is recommended that owners/operators of facilities subject to the rule prepare as if the rule will proceed as adopted.

South Coast AQMD press release:

New Jersey DEP Proposed Advanced Clean Truck Program

As if the pandemic wasn’t enough to create stress, New Jersey is now proposing similar regulations targeting trucks with greater than 8,500-pound gross vehicle weight rate (GVWR). The New Jersey Department of Environmental Protection (DEP) is proposing new Air Pollution Control rules at N.J.A.C. 7:27-31 and 33 and amendments to N.J.A.C. 7:27A-3.10. While initial implementation of this rule is focused on manufacturers, the ruling also has a fleet reporting requirement. The proposed ruling will require manufacturers of vehicles over 8,500 pounds gross vehicle weight rating (GVWR) to participate in a credit/deficit program intended to increase the percentage of zero-emission vehicles sold in New Jersey.  The ruling also has a Fleet Reporting Requirement, a one-time reporting requirement intended to obtain information about the in-State operation of fleets of vehicles over 8,500 pounds GVWR that will inform future decisions concerning further emission reductions from the transportation sector.

If you have not begun considering the future of your fleet, now would be a good time to start.

For those interested, public hearing concerning the proposal will be conducted virtually via the New Jersey DEP’s video conferencing software on Thursday, May 20, 2021, at 9:00 A.M. EST.

APTIM. In Pursuit of Better.