## The State of New Jersey Department of Environmental Protection

State Implementation Plan Revision For Meeting the Infrastructure Requirements in the Clean Air Act

February 2008i Preface

The State of New Jersey revised the State Impl ementation Plan to address the requirements under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the Clean Air Act) for the 1997 8- Hour Ozone and Fine Particulate Matter Na tional Ambient Air Quality Standards. The requirements of 42 U.S.C. § 7410(a)(2)(D) (Sec tion 110(a)(2)(D)) were addressed by the New Jersey Department of Environmental Protection’s Clean Air Interstate Rule State Implementation Plan revision that was approved by the United States Environmental Protection Agency on September 28, 2007 and by additional strategies outlined in a letter dated December 22, 2006 from Commissioner Jackson to Regional Administ rator Steinberg. This State Implementation Plan revision satisfies the remaining requirements for the “infrastructure” elements under 42 U.S.C. § 7410(a)(1) and (2).

Acknowledgements

The New Jersey Department of Environmen tal Protection acknowledges the efforts and assistance of the agencies and individuals w hose contributions were instrumental in the preparation of this State Implementation Plan re vision. In particular, th e New Jersey Department of Environmental Protection wishes to acknowle dge the individuals within the United States Environmental Protection Agency Region 2 for their assistance on this matter.ii Table of Contents

PREFACE........................................................................................................................ ............i ACKNOWLEDGEMENTS.........................................................................................................i TABLE OF CONTENTS.............................................................................................................i i LIST OF ATTACHMENTS ........................................................................................................iii EXECUTIVE SUMMARY .........................................................................................................iv

I. INTRODUCTION ................................................................................................................1 A. A. Background on Infrastructure Elements of 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2))............................................................................................................. 1

II. 42 U.S.C. § 7410(a)(1) (Section 110(a)(1)) ..........................................................................3

III. Infrastructure Elements of the Clean Ai r Act Under 42 U.S.C. § 7410(a)(2) (Section 110(a)(2))

............................................................................................................................... 3 A. Air Quality Monitoring, Compilation, Data Analysis, and Reporting – 42 U.S.C. § 7410(a)(2)(B) (Secti on 110(a)(2)(B))..............................................................................4 B. Enforcement and Stationary Source Permitting – 42 U.S.C. § 7410(a)(2)(C) (Section 110(a)(2)(C)).................................................................................................................. ..5 C. Resources, Conflict of Inte rest, and Emergency Backstop – 42 U.S.C. § 7410(a)(2)(E) (Section 110 (a)(2)(E)).....................................................................................................5 D. Stationary Source Emissions Monitori ng and Reporting – 42 U.S.C. § 7410(a)(2)(F) (Section 110(a)(2)(F))......................................................................................................6 E. Emergency Powers and Contingency Plans – 42 U.S.C. § 7410(a)(2)(G) (Section 110(a)(2)(G)).................................................................................................................. ..6 F. State Implementation Plan Revision For Revised Air Quality Standards or New Attainment Methods – 42 U.S.C. § 7410(a)(2)(H) (Section 110(a)(2)(H)).....................7 G. State Implementation Plan Revisions for New Nonattainment Areas – 42 U.S.C. § 7410(a)(2)(I) (Section 110(a)(2)(I)).................................................................................7 H. Consultation and Public Notification – 42 U.S.C. § 7410(a)(2)(J) (Section 110(a)(2)(J))

............................................................................................................................... ...........7 I. Air Quality Modeling and Reporting – 42 U. S.C. § 7410(a)(2)(K) (Section 110(a)(2)(K))

............................................................................................................................... ...........8 J. Major Stationary Source Permitting Fees – 42 U.S.C. § 7410(a)(2)(L) (Section 110(a)(2)(L)).................................................................................................................. ..9 K. Consultation with Local Entities – 42 U. S.C. § 7410(a)(2)(M) (S ection 110(a)(2)(M)).9

IV. Conclusion

............................................................................................................................... 10iii List of Attachments

Attachment A - Guidance on SIP Elements Required U nder Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM 2.5 National Ambient Air Quality Standards

Attachment B – New Jersey Department of Envir onmental Protection Transport SIP Letter

Attachment C – Public Participation

Attachment D – Notice of Availability

Attachment E – Documentation of the Notices That Appeared in the Newspapers and the New Jersey Registeriv Executive Summary

The New Jersey Department of Environmental Protection revised the State Implementation Plan to address the requirements in 42 U.S.C. § 7410(a )(1) and (2) (Sec tion 110(a)(1) and (2) of the federal Clean Air Act) for the 1997 8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality Standards. Sections 110(a)(1) and (2) require states to submit an implementation plan to the United States Environmental Prot ection Agency Administrator that demonstrates New Jersey’s ability and authority to implement, maintain, and enforce the National Ambient Air Quality Standards. Section 110(a)(2) lists the el ements that are to comprise the implementation plan.

• Air Quality Monitoring, Compilation, Data An alysis, and Reporting – Section 110(a)(2)(B)

• Enforcement and Stationary Source Permitting – Section 110(a)(2)(C)

• Resources, Conflict of Inte rest, and Emergency Backstop – Section 110(a)(2)(E)

• Stationary Source Emissions Monito ring and Reporting – Section 110(a)(2)(F)

• Emergency Powers and Contingency Plans – Section 110(a)(2)(G)

• State Implementation Plan Revision For Revise d Air Quality Standards or New Attainment Methods – Section 110(a)(2)(H)

• State Implementation Plan Revisions for Ne w Nonattainment Areas – Section 110(a)(2)(I)

• Consultation and Public Notif ication – Section 110(a)(2)(J)

• Air Quality Modeling and Reporting – Section 110(a)(2)(K)

• Major Stationary Source Permitti ng Fees – Section 110(a)(2)(L)

• Consultation with Local Entities – Section 110(a)(2)(M)

These elements are sometimes compiled and submitte d separately in what is referred to as an “Infrastructure” State Implemen tation Plan. This document is the Infrastructure State Implementation Plan for the 1997 8-hour ozone and fine particul ate matter health standards. Although this is specifically addr essing the infrastructure elem ents for the 1997 standards, it would also be applicable to any future revisions of the National Ambient Air Quality Standards or new standards.

Through this State Implementation Plan revision, the New Jersey Department of Environmental Protection is demonstrating that most of the requirements in Section 110(a)(1) and (2) for the 1997 the 8-Hour Ozone and Fine Particulate Ma tter National Ambient Air Quality Standards have already been satisfied through past State Im plementation Plan revisions or will be satisfied through future State Implementation Plan revisi ons for fine particul ate matter and Regional Haze.v THIS PAGE INTENTIONALLY LEFT BLANK1 I. Introduction

Under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a )(1) and (2) of the federal Clean Air Act), states are required to submit an implementa tion plan to the United States Environmental Protection Agency Administrator that demonstrat es states’ ability and authority to implement, maintain, and enforce the National Ambient Air Quality Standards. Section 110(a)(1) provides the timing requirement of implementation plan re visions and Section 110(a )(2) lists the elements that are to comprise the implementation plan.

• Air Quality Monitoring, Compilation, Data An alysis, and Reporting – Section 110(a)(2)(B)

• Enforcement and Stationary Sour ce Permitting – Section 110(a)(2)(C)

• Resources, Conflict of Inte rest, and Emergency Backstop – Section 110(a)(2)(E)

• Stationary Source Emissions Monito ring and Reporting – Section 110(a)(2)(F)

• Emergency Powers and Contingency Plans – Section 110(a)(2)(G)

• State Implementation Plan Revision For Revise d Air Quality Standards or New Attainment Methods – Section 110(a)(2)(H)

• State Implementation Plan Revisions for Ne w Nonattainment Areas – Section 110(a)(2)(I)

• Consultation and Public Notif ication – Section 110(a)(2)(J)

• Air Quality Modeling and Reporting – Section 110(a)(2)(K)

• Major Stationary Source Permitti ng Fees – Section 110(a)(2)(L)

• Consultation with Local Entities – Section 110(a)(2)(M)

These elements are sometimes compiled and submitte d separately in what is referred to as an “Infrastructure” State Implemen tation Plan. This document is the Infrastructure State Implementation Plan for the 1997 8-hour ozone a nd fine particulate matter health standards.

A. Background on Infrastructure Elements of 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2))

On July 18, 1997, the United States Environmen tal Protection Agency promulgated new and revised National Ambient Air Quality Standards for ozone and fine particulate matter. For ozone, the United States Environmental Protec tion Agency revised the National Ambient Air Quality Standard to 0.08 parts per million with an 8-hour averaging period (versus the 0.12 parts per million standard with a 1-hour averaging pe riod for the pre-existing National Ambient Air Quality Standard). The United States Environm ental Protection Agency also promulgated a new 24-hour and a new annual National Ambient Air Qu ality Standard for fi ne particulate matter (PM 2.5 or particles with an aerodynamic diamet er less than or equal to a nominal 2.5 micrometers). 1

For every new or revised National Ambient Air Qu ality Standard, the Clean Air Act requires the states demonstrate the ability to implemen t, maintain, and enforce that standard. 2 By federal

1 See “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM 2.5 National Ambient Air Quality Standards” (October 2, 2007). See Attachment A.
2 Under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2)), all states are required to submit plans to demonstrate states’ ability and authority to implement, ma intain, and enforce the 8-hour ozone and fine particulate matter standards. Under Section 110(a)(1) and (2) states are required to address ba sic state implementation plan2 statute, State Implementation Plans meeting the requirements of Section 110(a)(1) and (2) are to be submitted by states within three (3) years af ter promulgation of a new or revised standard. This being the case, states were required to submit such State Implementation Plans for the 1997 standards to the United States Environmental Protection Agency no later than July 2000. However, intervening litiga tion over the 1997 8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality Standard created unc ertainty about how to proceed and, to date, states have not submitted State Implementation Plans to meet the basic or infrastructure requirements enumerated in Section 110(a)(1) and (2).

In March of 2004, Earth Justice in itiated a lawsuit against the United States Environmental Protection Agency for failure to take action against states that had not made revisions to their State Implementation Plans to meet the requirement of Section 110(a)(1) a nd (2), i.e., failure to make a “finding of failure to submit.” On March 10, 2005, the United States Environmental Protection Agency entered into a Consent Decree with Earth Justice that obligated the United States Environmental Protection Agency to ma ke official findings wh ether states had made required implementation plan submissions by date s certain. The Consent Decree obligated the United States Environmental Protection Agency to determine whether states have made State Implementation Plan submissions required to meet Section 110(a)(1) and (2 ) related to interstate transport by no later than March 15, 2005. The C onsent Decree also obligates the United States Environmental Protection Agency to make a determination whether states have made submissions necessary to meet the remaining requirements under Secti on 110(a)(1) and (2) by December 15, 2007, for the 8-Hour Ozone Nationa l Ambient Air Quality Standard, and by October 5, 2008, for the Fine Particulate Matte r National Ambient Air Quality Standard. 3 It should be noted that the latter determinations pertain only to whether the submissions are complete, pursuant to Section 110(k)(1)(A), and do not constitute United States Environmental Protection Agency approval or disapproval of such submissions. In addition, the determinations required by the Consent Decree expl icitly exclude any determinati ons regarding: (i) submissions required by Section 110(a)(2 )(C) to the extent that subsecti on pertains to a nonattainment area new source review permit program in Part D Title I of the Clean Air Act; and (ii) submissions required by Section 110(a)(2)(I) for Part D Title I nonattainment area plans.

In accordance with the Consent Decree, the United States Environmental Protection Agency published a finding that all fifty states failed to submit revisions to their State Implementation Plans addressing interstate transport for the 8- Hour Ozone and Fine Pa rticulate Matter National Ambient Air Quality Standards, as required by S ection 110(a)(2)(D)(i) of the federal Clean Air Act. 4 That finding initiated a two-year deadline for the promulgation of a Federal Implementation Plan by the United States Environmental Protecti on Agency for each such state unless, prior to that time, each state made a submission to meet the requirements of Section 110(a)(2)(D)(i) and the United States Envi ronmental Protection Agency approved such submission.

requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the standards.
3 See “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM 2.5 National Ambient Air Quality Standards” (October 2, 2007). See Attachment A.
4 70 Fed. Reg . 21147 (April 25, 2005).3 On May 12, 2005, the United States Environmenta l Protection Agency pub lished the Clean Air Interstate Rule which identified the degree to which emissions of sulfur dioxide and oxides of nitrogen in certain states si gnificantly contribute to nonattainment of, or interfere with maintenance of, the 1997 8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality Standards in downwind states, and the reduc tions that must be achieved in those states to eliminate such contributions.

On August 15, 2006, the United States Environm ental Protection Agency issued guidance entitled “Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Sections 110( a)(2)(D)(i) for the 8-hour Ozone and PM 2.5 National Ambient Air Quality Standards.” This gui dance indicated that states within the Clean Air Interstate Rule region, which includes Ne w Jersey, could satisfy the requirements under Section 110(a)(2)(D) by satisfyi ng the requirements of the Clean Air Interstate Rule, and addressed what other states that are outside of the Clean Air Interstate Rule region should consider doing to meet the “significant cont ribution” and “interfe re with maintenance” requirements of Section 110(a)(2)( D)(i) for the 1997 standards. This guidance also addressed what all fifty states should consider in maki ng State Implementation Plan submissions to meet the “prevention of significant deterioration” an d “protect visibility” requirements of Section 110(a)(2)(D)(i). New Jersey fu lfilled the interstate trans port requirements of Section 110(a)(2)(D)(i) through 1) a letter sent to the United States Environmental Protection Agency Regional Administrator on December 22, 2006 stati ng our intention to submit an abbreviated Clean Air Interstate Rule State Implementation Plan but that the Clean Air Interstate Rule State Implementation Plan was not enough to address our interstate transpor t concerns (Attachment B); and 2) the submission of a Clean Air Intersta te Rule State Implementa tion Plan to the United States Environmental Protection Agency on J une 26, 2007 that was subsequently approved on September 28, 2007.

On October 2, 2007, the United States Envir onmental Protection Agency issued guidance entitled “Guidance on SIP Elements Required U nder Sections 110(a)(1) and (2) for the 1997 8- hour Ozone and PM 2.5 National Ambient Air Quality Standa rds.” The New Jersey Department of Environmental Protection is addressing th e infrastructure requirements under Section 110(a)(1) and (2) pursuant this guidance in this submittal.

II. 42 U.S.C. § 7410(a)(1) (Section 110(a)(1))

42 U.S.C. § 7410(a)(1) addresses the timing re quirement of the submissions of State Implementation Plan revisions. By submitting th is Infrastructure State Implementation Plan to the United States Environmental Protecti on Agency, the New Jersey Department of Environmental Protection will ha ve satisfied the timing requirement under the Consent Decree and the Stipulation Extending Deadline. 5

5 Environmental Defense and American Lung Associate v. Stephen L. Johnson, Case No. 1:05-cv-00493 RBW, December 14, 2007.4 III. Infrastructure Elements of the Clean Ai r Act Under 42 U.S.C. § 7410(a)(2) (Section 110(a)(2))

The infrastructure elements of the Clean Air Act included in this State Implementation Plan revision are listed below.

• Air Quality Monitoring, Compilation, Data Anal ysis, and Reporting – Section 110(a)(2)(B)

• Enforcement and Stationary Sour ce Permitting – Section 110(a)(2)(C)

• Resources, Conflict of Inte rest, and Emergency Backstop – Section 110(a)(2)(E)

• Stationary Source Emissions Monito ring and Reporting – Section 110(a)(2)(F)

• Emergency Powers and Contingency Plans – Section 110(a)(2)(G)

• State Implementation Plan Revision For Revise d Air Quality Standards or New Attainment Methods – Section 110(a)(2)(H)

• State Implementation Plan Revisions for Ne w Nonattainment Areas – Section 110(a)(2)(I)

• Consultation and Public Notif ication – Section 110(a)(2)(J)

• Air Quality Modeling and Reporting – Section 110(a)(2)(K)

• Major Stationary Source Permitti ng Fees – Section 110(a)(2)(L)

• Consultation with Local Entities – Section 110(a)(2)(M)

Two elements under Section 110(a)(2) are no t included in this Infrastructure State Implementation Plan. These are the emissions limit element under Section 110(a)(2)(A) and the interstate transport element under Section 110(a)(2)(D). Section 110 (a)(2)(A) is not part of the Infrastructure State Implementation Plan because the timing requirement is dependent on another section of the Clean Air Act and not subject to th e Consent Decree. Alternatively, such authority for establishing emission limits under Section 110(a )(2)(A) can be found in N.J.S.A. 26:2C-8, 9, and 19. Also, as explained in the Background se ction, New Jersey has already satisfied the requirements under Section 110(a)(2)(D) by submitting a Clean Air Interstate Rule SIP revision that was approved by the Unite d States Environmental Protection Agency on September 28, 2007. In the Clean Air Interstate Rule Stat e Implementation Plan revision, the New Jersey Department of Environmental Protection stressed to the United States Environmental Protection Agency that the federal Clean Air Interstate Rule does not adequately address interstate transport and more regional emissions reductions are needed in order for nonattainme nt areas to come into attainment.

The following discussions respond to the infr astructure elements required under Section 110(a)(2) for the 8-hour ozone and fine pa rticulate matter health standards of 1997.

A. Air Quality Monitoring, Compilation, Data Analysis, and Reporting – 42 U.S.C. § 7410(a)(2)(B) (Section 110(a)(2)(B))

States are required to establish and operate devices, methods, systems, and procedures to monitor, compile, and analyze ambient air quality data and to provide the data to the United States Environmental Protection Agency.

The New Jersey Department of Environmental Protection’s ambient air monitoring program is required by the State’s Air Polluti on Control Act (N.J.S.A. 26:2C-9.a .) and the federal Clean Air5 Act. New Jersey has an extensive air quality monitoring network that collects air quality data that are compiled, analyzed, and reported to the United States Environmental Protection Agency. The New Jersey Department of Environmenta l Protection’s website contains up-to-date information about air quality monitoring, includi ng a description of the network and information about monitoring of ozone and fine particulate matter. See http://www.nj.gov/dep/airmon/index.html with links to all elements of the program. New Jersey commits to retaining, and continuing to operate its monitoring network, s ubject to a joint annual review process by both the New Jersey Departme nt of Environmental Protection and the United States Environmental Protection Agency.

B. Enforcement and Stationary Source Permit ting – 42 U.S.C. § 7410(a)(2)(C) (Section 110(a)(2)(C))

States are required to implement a program provi ding for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet prevention of significant deterioration and nonattainme nt area new source review requirements.

The New Jersey Department of Environmental Pr otection’s enforcement of control measures and the air permitting program for stationary sour ces are governed by the State’s Air Pollution Control Act (N.J.S.A. 26:2C-19). The New Jers ey Department of Environmental Protection’s enforcement and permitting programs operate under regulations designated in N.J.A.C. 7:27 and N.J.A.C. 7:27A. In the recently submitted 8-Hour Ozone Reasonably Available Control Technology State Implementation Plan, the New Jers ey Department of Environmental Protection discussed future rulemaking under N.J.A.C. 7: 27 to control volatile organic compounds and oxides of nitrogen for the attainment of the 8-hour ozone health standard. For fine particulate matter, the New Jersey Department of Environmen tal Protection is preparing a fine particulate matter attainment demonstration that will in clude a reasonably avai lable control technology analysis for stationary sources a nd a plan for attainment and main tenance of the fine particulate matter health standard. The fine particulate matter attainment de monstration is due to the United States Environmental Protection Agency by April 2008.

C. Resources, Conflict of Interest, and Emerg ency Backstop – 42 U.S.C. § 7410(a)(2)(E) (Section 110 (a)(2)(E))

States are required to provide assurances that (i) adequate personnel, f unding, and legal authority will be available to carry out th e State Implementation Plan; (ii) a majority of its state board members represent the public interest and do no t derive a significant po rtion of their income from entities that are subject to permits, and that conflicts of interest of members be adequately disclosed; and (iii) the State has responsibility for ensuring adequate implementation of plan provisions to be carried out by local districts.

New Jersey’s statute under N.J.S.A. 13:1D-9 provides guidance on dedicating personnel and funds for the New Jersey Department of Environmental Protectio n to carry out the responsibilities under the Stat e Implementation Plan. The New Jersey Department of Environmental Protection relies on the federal gr ant allocated under Section 103 and 105 of the6 Clean Air Act for carrying out th e State Implementation Plan re sponsibilities, as well as an annual State appropriation.

The New Jersey Department of Environmental Pr otection is the only enti ty that approves permits and enforcement orders in New Jersey. There is no board that carries out these duties. New Jersey has established the Clean Air Council as re quired in the Air Pollut ion Control Act. This Council is comprised of representatives from government, industry, and the public advocate groups. The Council makes recommendations to the Commissioner of the New Jersey Department of Environmental Pr otection on air pollution issues.

All 21 counties have a contract a nd/or grant with the New Jersey Department of Environmental Protection in which they are de legated authority to enforce va rious regulations under the County Environmental Health Act. The County Environm ental Health Act allows the delegated counties to act as the New Jersey Department of E nvironmental Protection’s representatives during investigations and can issued enforcement actions , assess and collect pena lties, and settle cases. The Air Pollution Control Act (N.J .S.A. 26:2C-22) includes provisi ons for the relation of local ordinances or regula tions to State law.

D. Stationary Source Emissions Monitoring and Reporting – 42 U.S.C. § 7410(a)(2)(F) (Section 110(a)(2)(F))

States are to require the inst allation, maintenance, and repla cement of equipment to monitor stationary sources of emissions by the owners or operators of these sour ces and the provision of periodic reports on these emissions.

The State’s Air Pollution Control Act (N.J.S.A. 26:2C-9.2) gives the New Jersey Department of Environmental Protection the aut hority to require emissions mon itoring for stationary sources. The New Jersey Department of Environmental Pr otection has adopted regulations to implement the federal requirements for stationary sour ce emissions monitoring and reporting in N.J.A.C 7:27-8 and 22.

E. Emergency Powers and Contingency Plans – 42 U.S.C. § 7410(a)(2)(G) (Section 110(a)(2)(G))

States are to provide for authority comparable to that in Section 303 of the Clean Air Act, which provides legal authority to halt th e emission of air pollutants causi ng or contributing to injury to public or welfare. In addition, st ates are to provide for adequate contingency plans to implement such authority.

This authority is provided in New Jersey’s Air Pollution Emergency Control Act (N.J.S.A. 26:2C-26 et seq.), which is implemented thr ough N.J.A.C. 7:27-12. Contingency plans are included in each of New Jersey’s State Impl ementation Plan revisions, which have all been approved by the United States Environmental Protection Agency.7 F. State Implementation Plan Revision Fo r Revised Air Quality Standards or New Attainment Methods – 42 U.S.C. § 7410(a)(2)(H) (Secti on 110(a)(2)(H))

States are required to provide fo r revision of State Implementation Plan from time to time when air quality standards are revised or new attainment methods become available or when the United States Environmental Protection Agency informs states that current State Implementation Plans are inadequate to attain standa rds or to comply with additiona l requirements under the Clean Air Act.

New Jersey’s statute under N.J.S.A. 13:1D-9 give s the New Jersey Department of Environmental Protection the authority to revise the State Implementation Pl an in response to changes in the National Ambient Air Quality Standards, availa bility of improved met hods for attaining the National Ambient Air Quality Standards, or in response to an United States Environmental Protection Agency finding that the State Implemen tation Plan is substantially inadequate. For example, the New Jersey Department of Envi ronmental Protection submitted a final attainment demonstration State Implementation Plan to the United States Environmental Protection Agency on October 29, 2007 for the 8-hour ozone standa rd and will be submitting an attainment demonstration State Implementation Plan for fine particulate matter by April 2008.

G. State Implementation Plan Revisions fo r New Nonattainment Areas – 42 U.S.C. § 7410(a)(2)(I) (Section 110(a)(2)(I))

States are required to submit State Implemen tation Plan revisions for newly designated nonattainment areas to meet the requirements of Part D - Plan Requirements for Nonattainment Areas under Clean Air Act Title I - Air Pollution Pr evention and Control. Part D of the Clean Air Act specifies both general requirements for all State Implementation Plans and specific requirements for different criteria pollutants.

The New Jersey Department of Environmenta l Protection has in the past submitted State Implementation Plan revisions for any change in the National Ambient Air Quality Standards, including the recommendations for nonattainment area designation.

H. Consultation and Public Notification – 42 U.S.C. § 7410(a)(2)(J) (Section 110(a)(2)(J))

States are required to meet the applicable requ irements of Clean Air Act Section 121 (relating to consultation), Section 127 (relati ng to public notification), and Pa rt C (relating to prevention of significant deterioration of air qua lity and visibility protection).

Clean Air Act Section 121 requires that states provide a satisfact ory process of consultation with general purpose local governments, designated or ganizations of elected officials of local governments, and any affected federal land manager in carrying out the Clean Air Act requirements. The New Jersey Department of Environmental Pr otection provides the opportunity to everyone in New Jersey to part icipate in the public comment period and public hearing for any rulemaking and State Implemen tation Plan proposal, as described below in §110(a)(2)(M). Another avenue of consultation with the public and the regulated community is8 through workshops. In preparation for State Impl ementation Plan revisions for 8-hour ozone and fine particulate matter, the New Jersey Depart ment of Environmental Protection consulted with representatives of civic, environmental, and industr ial groups, as well as other interested parties through the ongoing Reducing Air Pollution Together Initiative that began with a workshop on June 29, 2005 and the formation of the six air quality workgroups. The public has had an opportunity to provide feedback on the workshop and on white papers on various control options drafted by the New Jersey Department of Envi ronmental Protection and discussed on the website ( http://www.nj.gov/dep/airw orkgroups/wkshpsurvey.html)

. In addition, the New Jersey Department of Envi ronmental Protection has already met with the federal land manager, regional organizations, and a ffected states for the purpose of the Regional Haze State Implementation Plan. Also, the New Je rsey Department of Environmental Protection consults with the Metropolitan Planning Organizati ons regularly to discuss transportation-related air quality issues as required by th e Transportation Conformity Rule.

Clean Air Act Section 127 requires the states to provide measures whic h will be effective to notify the public on a regular basis of instances or areas in which any air quality standard is exceeded during the preceding cal endar year, to advise the pub lic of the health hazards associated with such pollution, and to enhance pub lic awareness of measures that can be taken to prevent such standards from being exceeded. The New Jersey Department of Environmental Protection has a standard opera ting procedure by which notification of National Ambient Air Quality Standards exceedances is sent to the pr ess. Additionally, the notification of National Ambient Air Quality Standards exceedances is posted on the New Jersey Department of Environmental Protection’s website ( www.nj.gov/dep ). When an exceedance or unhealthy air is forecasted, the information is sent out to pa rticipants of the New Jersey Department of Environmental Protection’s listserv, an e-mail se rvice that is used to broadcast information.

The New Jersey Department of Environmenta l Protection was delega ted the prevention of significant deterioration author ity by the United States Environmental Protection Agency. 6 Alternatively, such authority for establishing th e requirements for the prevention of significant deterioration can be found in N.J.S.A. 26:2C-8, 9, and 19. The prevention of significant deterioration does not currently apply to New Jersey for ozone because the entire State is designated as nonattainment for the 8-Hour Ozone National Ambient Air Quality Standard. The prevention of significant deteri oration regulations only apply to attainment areas for a given pollutant. The New Jersey Department of Envi ronmental Protection is currently waiting for the United States Environmental Protection Agen cy’s rule on the prevention of significant deterioration requirements for the Fine Particulate Matter National Ambient Air Quality Standard. For visibility impr ovement, the New Jersey Department of Environmental Protection will include all the necessary requirements in the Regional Haze State Implementation Plan.

6 “Terms & Conditions of Delegation;” Christopher J. Daggett, Regional Administrator of United States Environmental Protection Agency, and Richard T. Dewling, Commissioner of New Jersey Department of Environmental Protection; March 22, 1988.9 I. Air Quality Modeling and Reporting – 42 U.S.C. § 7410(a)(2)(K) (Section 110(a)(2)(K))

States are required to provide for the use of air quality modeling to predict the effect of emissions on ambient air quality and to submit data related to such modeling when requested by the United States Environmental Protection Agency.

The New Jersey Department of Environmental Protection’s air quality modeling work complied with United States Environmental Protection Ag ency’s final guidance (April 2007) on the use of models in attainment demonstrations for the 8-hour ozone standard and the New Jersey Department of Environmental Protection will use the United States Environmental Protection Agency final guidance for modeling fine particulat e matter. This is a rapidly evolving field in which the New Jersey Department of Environm ental Protection endea vors to use the latest methodology and techniques, and documents inform ation that its staff uses when conducting modeling or when evaluating the performance of ai r quality models used for this purpose. The New Jersey Department of Environmental Pr otection consults and works with regional organizations that conduct the re gional air quality modeling. The regional modeling for New Jersey was included in the October 2007 8-H our Ozone Attainment Demonstration/State Implementation Plan revision. A similar regiona l modeling effort will be included in the Regional Haze State Implementation Plan a nd the Fine Particulate Matter Attainment Demonstration/State Implementati on Plan revision due in early 2008.

N.J.A.C. 7:27-8.5 and 22.8 contain air quality mode ling requirements for stationary sources for the New Jersey Department of Environm ental Protection’s Air Permitting Program.

J. Major Stationary Source Permitting F ees – 42 U.S.C. § 7410(a)(2)(L) (Section 110(a)(2)(L))

States are required to assess the owner or operato r of each major stati onary source with fees sufficient to cover the reasonable costs of revi ewing and acting upon any a pplication for such a permit, and if a permit is granted, the reasonabl e costs of implementing and enforcing the terms and conditions of the permit. Owners or operato rs are also required to comply with the fee provisions of Title V Sections 501 – 507 of the Clean Air Act. Such fees are required to be payable to the permitting authority.

Under N.J.A.C. 7:27-22.31 (Operating Permits Fees ), major stationary sources are required to pay fees to the State to sufficiently cover th e cost of reviewing, approving, implementing and enforcing a permit.

K. Consultation with Local Entities – 42 U.S.C. § 7410(a)(2)(M) (Section 110(a)(2)(M))

States are required to provide for consultation and participati on by local political subdivisions affected by the plan.10 New Jersey provides the opportunity for consul tation and participati on to local political subdivisions during the public co mment period of a proposed State Implementation Plan. The federal Clean Air Act requires that states incl ude a public process in the State Implementation Plan. New Jersey’s Air Pollut ion Control Act (N.J.S.A. 26:2C-8 ) and Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) requires a publ ic process for any rulemaking. The New Jersey Department of Environmental Protection offers the opportunity to ev eryone in the State to participate in the public process for any State Implementation Plan or rulemaking. This includes a public comment period and a public hearing. Notices for the commenting period and the public hearing are circulated in newspapers, pub lic libraries, and the New Jersey Department of Environmental Protection’s Regional Enforcemen t Offices. The notices are also mailed through the United States Postal Service and thr ough Listserv (electronic mailing system) to organizations and interested parties that have signed up fo r the mailing, which includes the League of Municipalities. All 566 municipalities in New Jersey are members of the League of Municipalities, a voluntary association created to help communities do a better job of selfgovernment through pooling information reso urces and brain power. The New Jersey Department of Environmental Protection assures that all comments and testimonies are seriously considered in rulemaking and when fi nalizing the State Implementation Plan.

The New Jersey Department of Environmental Protection is in constant communication with other State agencies and planning boards, such as the New Jersey Department of Transportation, Department of Health and Senior Services, De partment of Agriculture, the Delaware Valley Regional Planning Commission, the Northern Ne w Jersey Transportation Planning Authority, and Southern New Jersey Transportation Pl anning Authority, on issues in the State Implementation Plan. The New Jersey Department of Environmental Protection also briefs the State’s Clean Air Council on air issues, including the State Implementation Plan.

IV. Conclusion

Through the careful analysis of the State statues, State regula tions, and State Implementation Plans, the New Jersey Department of Envi ronmental Protection has concluded that the infrastructure requirements under 42 U.S.C. § 7410(a)(1) and (2) (Sec tion 110(a)(1) and (2) of the Clean Air Act) for the 1997 the 8-Hour Ozone and Fine Particulate Ma tter National Ambient Air Quality Standards have been satisfied.

## The State of New Jersey Department of Environmental Protection

State Implementation Plan Revision For Meeting the Infrastructure Requirements in the Clean Air Act

Attachment A: Guidance on SIP Elements Required Under

Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM 2.5 

## National Ambient Air Quality Standards

February 2008

## The State of New Jersey Department of Environmental Protection

State Implementation Plan Revision For Meeting the Infrastructure Requirements in the Clean Air Act

Attachment B: New Jersey Department of Environmental Protection Transport SIP Letter

February 20081 

## The State of New Jersey Department of Environmental Protection

State Implementation Plan Revision For Meeting the Infrastructure Requirements in the Clean Air Act

Attachment C: Public Participation

February 20082 DOCUMENTATION OF COMPLIANCE WI TH PUBLIC NOTICE REQUIREMENTS

On or about December 22, 2 007, the New Jersey Department of Environmental Protection took the following actions to provide timely notice of proposed SIP revision:

• Published legal advertisements providing no tice of the proposed SI P revision, the date and location of the public hearing, specification of the public comment period, and the address for submission of written comments in six news papers of general circulation (copies of the legal advertisement and affidavits of its publication are enclosed);

• Mailed copies of the proposal to 14 public libraries throughout the State, as well as to the Department's four regional enforcement field offices and its public access center;

• Mailed notices of the public hearing to the following states: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia;

• Mailed notices of the public hearing to the following organizations: Ozone Transport Commission (OTC), Mid-Atlantic Regional Air Management Association (MARAMA), and Northeast States for Coordinated Air Use Management (NESCAUM);

• Sent a copy of the proposal to the USEPA Region 2;

• Mailed a Notice of Availability of the Proposal to approximately 60 interested parties;

• Posted a copy of the proposal on the Department's website on December 20, 2007;

• Electronically mailed a Notice of Availab ility of the Proposal to approximately 500 interested parties; and

• Published a notice in the New Jersey Register on January 22, 2008, at 40 N.J.R. 759(a).

A public hearing on this State Implementation Plan revision was held on Monday, January 28, 2008 at 10:00 a.m. at the New Jersey Department of Environmental Protection, 401 E. State St., 1 st Floor, Public Hearing Room, Trenton, New Jersey. This hearing was held in accordance with the provisions of Section 110(a)(2) of the Clean Air Act, 42 U.S.C. §7410; 40 C.F.R. §51.102(a)(1), the Air Pollution Control Act (1954), N.J.S.A. 26:2C-1 et seq ., and the Administrative Procedure Act, N.J.S.A. 52:14 B-1 et seq . Written comments relevant to the State Implementation Plan revision were accepted until the close of business, Thursday, January 31, 2008. No oral or written comments were received.

Attachment D contains the notice announcing the availability of the proposed SIP revision and the public hearing. Also included in Attachment D is the letter notifying neighboring states and regional organizations of the proposed SIP revision and the public hearing.

Attachment E contains the documentation of the notices that appeared in the newspapers and the New Jersey Register.

## The State of New Jersey Department of Environmental Protection

State Implementation Plan Revision For Meeting the Infrastructure Requirements in the Clean Air Act

Attachment D: Notice of Availability

February 20082 

### New Jersey Department of Environmental Protection

NOTICE OF PUBLIC HE ARING AND AVAILABILITY:
Proposed revisions to New Jersey’s State Impl ementation Plan covering, 1) the Federal Clean Air Act Infrastructure Requirement s, and 2) the Update of the Early Transportation Conformity Budgets for Mercer County

Take notice that the New Jersey Department of Environmental Protection (Department) is proposing two revisions to New Jersey ’s State Implementation Plan (SIP ). The first revision addresses the requirements under 42 U.S.C. § 7410, Section 110(a)(1) and (2) of the Clean Air Act, for the 1997 8- Hour Ozone and the 1997 Fine Particulate Matter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS). The second revision updates the initia l early transportation conformity budgets for PM 2.5 to incorporate the latest planning assumptions. The previously submitted budgets were approved by the United States Environmental Protection Agency (USEPA) on July 10, 2006.

Section 110(a) of the Clean Air Act requires states to submit an implementa tion plan to the USEPA Administrator that demonstrates the states’ ability to implement, maintain, and enforce the NAAQS. These elements were compiled and submitted separately in what is referred to as an “Infrastructure” SIP. Most of these requirements have al ready been addressed in past SI P revisions or through regulations. This SIP revision complies with th e infrastructure requirements fo r the 1997 8-Hour Ozone and the 1997 PM 2.5 NAAQS.

In the recent 8-Hour Ozone Attainment Demonstr ation SIP, the Department updated the planning assumptions that were used in the SIP development and in the transportation conformity analyses. The distribution of vehicle miles trav eled (VMT) between vehicle type s was updated to reflect a greater fraction of the total VMT should be at tributed to the heaviest class of diesel trucks. When the updated VMT/vehicle type mix is used, the predicted emissions of direct PM 2.5 and annual NO x increase. The higher predictions result in valu es that are significantly higher than the initial early PM 2.5 budgets. The amount of the budget exceedance for Mercer County is much greater than the emission reductions that could be achieved by changes to transportation pr ojects by 2009. Therefore, a revision of the early budget for Mercer County is need ed. These revised transportation budgets are needed by the Metropolitan Planning Organization (Delaware Valley Regional Plan ning Commission) by the spring of 2008 to enable them to demonstrate conformity of their Transportation Improvement Program with the SIP.

Copies of the Department’s proposal are av ailable from the Department’s web site at http://www.state.nj.us/dep/baqp, the Department’s Public Informati on Center at 401 E. State Street in3 Trenton, the Department’s Regional Enforcement Offices, and a number of public libraries throughout the State. For more information on obtaining copies, please contact:

Ms. Willa Williams NJDEP Air Quality Planning 401 E. State Street, 7 th Floor P.O. Box 418 Trenton, NJ 08625-0418 phone: (609) 292-6722 fax: (609) 633-6198 willa.williams@dep.state.nj.us

A public hearing concerning the Department’s proposed SI P revisions is scheduled as follows:

Monday, January 28, 2008 at 10:00 a.m. The NJDEP Building, Public Hearing Room (1 st Floor) 401 East State Street Trenton, New Jersey

This hearing is being held in accordance with the provisions of Section 110(a)( 1) and (2) of the Clean Air Act, 42 U.S.C. § 7410. Written comments may be submitted by close of business January 31, 2008 , to:
NJ Department of Environmental Protection Alice Previte, Esq. Attn: DEP Docket # 31-07-12 Office of Legal Affairs P.O. Box 402 Trenton, New Jersey 08625-0402
The following are options for obtaining a copy of the proposed SIP revision:

1. Visit the DEP’s website at: http://www.nj.gov/dep/ . The Department’s proposal/proposed SIP revision can be viewed or downloaded from the following url: http://www.nj.gov/dep/baqp.

2. Look for the Department’s proposal in the January 22, 2008 issue of the New Jersey Register.

3. Go and inspect the proposal/proposed SIP revision during normal office hours at any of these locations:

DEP Public Information Center DEP Bureau of Enforcement 401 E. State Street, 1st Floor Northern Region Trenton, New Jersey 08625 1259 Route 46 East Parsippany, N.J. 07054-4191 DEP Bureau of Enforcement Central Region DEP Bureau of Enforcement Horizon Center, P.O. Box 407 Southern Region Robbinsville, N.J. 08625-0407 2 Riverside Drive, Suite 201 Camden, N.J. 081034 DEP Bureau of Enforcement Metropolitan Region Atlantic City Public Library 2 Babcock Place 1 North Tennessee Avenue West Orange, N.J. 07052-5504 Atlantic City, N.J. 08401
Trenton Public Library Penns Grove/Carney’s Point Public Library Association 120 Academy Street 222 South Broad Street Trenton, N.J. 08608 Penns Grove, N.J. 08069

Newark Public Library New Brunswick Free Public Library 5 Washington Street 60 Livingston Avenue P.O. Box 630 New Brunswick, N.J. 08901 Newark, N.J. 07102-0630 Ms. Ellen Calhoun Burlington County Library Library of Science and Medicine, Rutgers University 3 Pioneer Blvd. and Woodlane Rd. P.O. Box 1029 Mt. Holly, N.J. 08060 Piscataway, N.J. 08855-1029
Joint Free Public Library Freehold Public Library Morristown & Morris County 281⁄2 East Main Street 1 Miller Road Freehold, N.J. 07728 Morristown, N.J. 07960 Camden Free Public Library Burlington City Library 418 Fredericks Street 23 West Union Street Camden, N.J. 08103 Burlington, N.J. 08016 Somerville Public Library Perth Amboy Public Library 35 W. End Avenue 193 Jefferson Street Somerville, N.J. 08876 Perth Amboy, N.J. 08861
Toms River Public Library 101 Washington Street Toms River, N.J. 08753-7625

4. Request a copy of the proposal/proposed SIP revi sion by calling Willa Williams at (609) 292- 6722, by e-mailing her at willa.williams@dep.state.nj.us, or by mailing or faxing the attached form to her as indicated on the form.

IF YOU HAVE QUESTIONS: For more information about the Department’s rule proposal, please call our Bureau of Air Quality Planning at (609) 292-6722.5 MAIL OR FAX THIS RULE PROPOSAL REQUEST FORM TO:

Ms. Willa Williams New Jersey Department of Environmental Protection Air Quality Planning 401 E. State Street, 7 th Floor P.O. Box 418 Trenton, N.J. 08625-0418
phone: (609) 292-6722 fax: (609) 633-6198 willa.williams@dep.state.nj.us

 Please send me a copy of the Department's Proposal of the Revisions of New Jersey’s State Implementation Plan for the Infrastructure Elements of the Clean Air Act and the Update of the Early Transportation Conformity Budgets for Mercer County

Name:
Organization:

Address:

Telephone:

 Please remove my name from the Air Quality SIP and rulemaking mailing list.

Please consider subscribing to our Air Rules Li stserv to receive e-mail updates of all proposed Department rulemaking relating to air pollution control and changes to New Jersey's State Implementation Plan. Signing up is easy through our AIRRULES LISTSERV Info Page at http://www.state.nj.us/dep/baqp/airrules.html

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## The State of New Jersey Department of Environmental Protection

State Implementation Plan Revision For Meeting the Infrastructure Requirements in the Clean Air Act

Attachment E: Documentation of the Notices That Appeared in the Newspapers and the New Jersey Register

February 2008