New Jersey Proposes Regulations for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards

January 14, 2022
Carol F. McCabe, Esq.
MGKF Special Alert - New Jersey Forecast 2022

On January 3, 2022 the New Jersey Department of Environmental Protection (NJDEP) published a significant proposed rulemaking that would affect owners and operators of cargo handling equipment at ports and intermodal rail yards (the CHE Rule). 

Part of the NJDEP’s continuing Protecting Against Climate Threats (aka PACT) initiative, the proposed CHE Rule would seek to reduce emissions of greenhouse gases and other pollutants from diesel-fueled mobile sources, following similar rules promulgated by the California Air Resources Board in 2006.  Under the CHE Rule, non-road equipment designated as “yard trucks” and “non-yard trucks” would be required to meet the most current engine standards, and in-use equipment would be required to be replaced or retrofitted over a phased-in compliance period.  Notably, the CHE Rule would apply to both public and private port operators and would require replacement or control of pre-1998 and Tier 0 in-use equipment as soon as two years from the effective date of the rule. 

NJDEP is requesting comments on the rule during a 60-day comment period ending on March 4, 2022 and will hold a public hearing on February 9, 2022. A final rule could be adopted by the end of 2022 or early 2023.