New Jersey Administrative Code|Section 7:27-32.14 - Required elements of a fleet retrofit plan and combined fleet retrofit plan

                                                
 § 7:27-32.14. Required elements of a fleet retrofit plan and combined fleet retrofit plan 
 
(a) An owner submitting a fleet retrofit plan or combined fleet retrofit plan pursuant to 7:27-32.7(b) shall include, for each regulated vehicle or piece of regulated equipment, either: 
 
1. A description of the best available retrofit technology that will be used, as determined by the owner pursuant to 7:27-32.8; or
 
2. Documentation indicating that the BART level indicated at 7:27-32.8 is not feasible for the specific regulated vehicle or piece of regulated equipment. The owner shall request approval from the Department to use the next most stringent level of best available retrofit technology feasible to meet the requirement for that vehicle or piece of equipment. Where the owner has determined that no BART level is feasible for the specific regulated vehicle or piece of regulated equipment, the owner may provide justification and request approval by the Department to be exempted from the retrofit requirements of this subchapter for that vehicle or piece of equipment.
 
(b) As an alternative to seeking approval from the Department to install a retrofit device at a lower BART level or to be exempted from the retrofit requirement as provided at (a) above, the owner of a regulated vehicle or piece of regulated equipment who has determined that the BART as required under 7:27-32.8 is not feasible for the regulated vehicle or piece of regulated equipment may, but is not required to: 
 
1. Retire through reduced usage or removal from service the regulated vehicle or piece of regulated equipment and replace it with a vehicle or piece of equipment certified to particulate emission levels at or below the emission level that would have been achieved by the use of the required best available retrofit technology; or
 
2. Repower or rebuild the engine of the vehicle or the equipment in accordance with 7:27-32.8(b) for the vehicle.
 
(c) An owner who acts in accordance with (b) above shall maintain records of the retirement of the vehicle or equipment or permanent removal of the engine, in accordance with the recordkeeping requirements of 7:27-32.22. Any exceedance in usage of a retired vehicle or equipment will require additional control measures in the fleet plan or the application of best available retrofit technology to the retired vehicle or equipment.
 
(d) A combined fleet plan must include a statement, certified in accordance with 7:27-1.39, from the responsible official at each organization participating in the combined fleet plan, acknowledging that the responsible official is jointly and severally liable with each other party to the combined fleet plan if any party fails to comply with the combined fleet plan.