The State of New Jersey

Department of Environmental Protection

State Implementation Plan Revision

For Meeting the Infrastructure Requirements

in the Clean Air Act

February 2008
i

Preface

The State of New Jersey revised the State Implementation 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 National Ambient Air Quality Standards. The

requirements of 42 U.S.C. § 7410(a)(2)(D) (Section 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 Administrator 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 Environmental Protection acknowledges the efforts and

assistance of the agencies and individuals whose contributions were instrumental in the

preparation of this State Implementation Plan revision. In particular, the New Jersey Department

of Environmental Protection wishes to acknowledge 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.............................................................................................................ii

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 Air 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) (Section 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 Interest, and Emergency Backstop – 42 U.S.C. § 7410(a)(2)(E)

(Section 110 (a)(2)(E)).....................................................................................................5

D. Stationary Source Emissions Monitoring 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) (Section 110(a)(2)(M)).9

IV. Conclusion...............................................................................................................................10
iii

List of Attachments

Attachment A - Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the

1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards

Attachment B – New Jersey Department of Environmental 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 Register
iv

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) (Section 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 Protection 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 elements that are to comprise the implementation

plan.

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

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

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

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

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

• State Implementation Plan Revision For Revised Air Quality Standards or New Attainment

Methods – Section 110(a)(2)(H)

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

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

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

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

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

These elements are sometimes compiled and submitted separately in what is referred to as an

“Infrastructure” State Implementation Plan. This document is the Infrastructure State

Implementation Plan for the 1997 8-hour ozone and fine particulate matter health standards.

Although this is specifically addressing the infrastructure elements 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 Matter National Ambient Air Quality Standards

have already been satisfied through past State Implementation Plan revisions or will be satisfied

through future State Implementation Plan revisions for fine particulate matter and Regional

Haze.
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1

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 implementation plan to the United States Environmental

Protection Agency Administrator that demonstrates 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 revisions and Section 110(a)(2) lists the elements

that are to comprise the implementation plan.

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

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

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

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

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

• State Implementation Plan Revision For Revised Air Quality Standards or New Attainment

Methods – Section 110(a)(2)(H)

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

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

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

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

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

These elements are sometimes compiled and submitted separately in what is referred to as an

“Infrastructure” State Implementation Plan. This document is the Infrastructure State

Implementation Plan for the 1997 8-hour ozone and 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 Environmental Protection Agency promulgated new and

revised National Ambient Air Quality Standards for ozone and fine particulate matter. For

ozone, the United States Environmental Protection 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 period for the pre-existing National Ambient Air

Quality Standard). The United States Environmental Protection Agency also promulgated a new

24-hour and a new annual National Ambient Air Quality Standard for fine particulate matter

(PM2.5 or particles with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers).1

For every new or revised National Ambient Air Quality Standard, the Clean Air Act requires the

states demonstrate the ability to implement, 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 PM2.5

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, maintain, and enforce the 8-hour ozone and fine particulate

matter standards. Under Section 110(a)(1) and (2) states are required to address basic state implementation plan
2

statute, State Implementation Plans meeting the requirements of Section 110(a)(1) and (2) are to

be submitted by states within three (3) years after 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 litigation over the 1997 8-Hour Ozone and Fine Particulate Matter

National Ambient Air Quality Standard created uncertainty 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 initiated 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) and (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 make official findings whether states had made

required implementation plan submissions by dates 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 Consent 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 Section 110(a)(1) and (2) by

December 15, 2007, for the 8-Hour Ozone National Ambient Air Quality Standard, and by

October 5, 2008, for the Fine Particulate Matter 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 explicitly exclude any determinations regarding: (i) submissions

required by Section 110(a)(2)(C) to the extent that subsection 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 Particulate Matter National

Ambient Air Quality Standards, as required by Section 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 Protection 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 Environmental 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 PM2.5

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 Environmental Protection Agency published the Clean Air

Interstate Rule which identified the degree to which emissions of sulfur dioxide and oxides of

nitrogen in certain states significantly 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 reductions that must be achieved in those states to

eliminate such contributions.

On August 15, 2006, the United States Environmental 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 PM2.5

National Ambient Air Quality Standards.” This guidance indicated that states within the Clean

Air Interstate Rule region, which includes New Jersey, could satisfy the requirements under

Section 110(a)(2)(D) by satisfying 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 contribution” and “interfere 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 making State Implementation Plan submissions to meet

the “prevention of significant deterioration” and “protect visibility” requirements of Section

110(a)(2)(D)(i). New Jersey fulfilled the interstate transport 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 stating 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 transport concerns (Attachment

B); and 2) the submission of a Clean Air Interstate Rule State Implementation Plan to the United

States Environmental Protection Agency on June 26, 2007 that was subsequently approved on

September 28, 2007.

On October 2, 2007, the United States Environmental Protection Agency issued guidance

entitled “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-

hour Ozone and PM2.5 National Ambient Air Quality Standards.” The New Jersey Department

of Environmental Protection is addressing the 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 requirement of the submissions of State

Implementation Plan revisions. By submitting this Infrastructure State Implementation Plan to

the United States Environmental Protection Agency, the New Jersey Department of

Environmental Protection will have 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 Air 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 Analysis, and Reporting – Section 110(a)(2)(B)

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

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

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

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

• State Implementation Plan Revision For Revised Air Quality Standards or New Attainment

Methods – Section 110(a)(2)(H)

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

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

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

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

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

Two elements under Section 110(a)(2) are not 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 the 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 section, 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 United States Environmental Protection Agency on September 28,

2007. In the Clean Air Interstate Rule State 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 nonattainment areas to come into

attainment.

The following discussions respond to the infrastructure elements required under Section

110(a)(2) for the 8-hour ozone and fine particulate 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 Pollution Control Act (N.J.S.A. 26:2C-9.a.) and the federal Clean Air
5

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 Environmental Protection’s website contains up-to-date

information about air quality monitoring, including 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, subject to a joint annual

review process by both the New Jersey Department of Environmental Protection and the United

States Environmental Protection Agency.

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

110(a)(2)(C))

States are required to implement a program providing for enforcement of all SIP measures and

the regulation of construction of new or modified stationary sources to meet prevention of

significant deterioration and nonattainment area new source review requirements.

The New Jersey Department of Environmental Protection’s enforcement of control measures and

the air permitting program for stationary sources are governed by the State’s Air Pollution

Control Act (N.J.S.A. 26:2C-19). The New Jersey 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 Jersey 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 Environmental Protection is preparing a fine particulate

matter attainment demonstration that will include a reasonably available control technology

analysis for stationary sources and a plan for attainment and maintenance of the fine particulate

matter health standard. The fine particulate matter attainment demonstration is due to the United

States Environmental Protection Agency by April 2008.

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

(Section 110 (a)(2)(E))

States are required to provide assurances that (i) adequate personnel, funding, and legal authority

will be available to carry out the State Implementation Plan; (ii) a majority of its state board

members represent the public interest and do not derive a significant portion 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 Protection to carry out the

responsibilities under the State Implementation Plan. The New Jersey Department of

Environmental Protection relies on the federal grant allocated under Section 103 and 105 of the
6

Clean Air Act for carrying out the State Implementation Plan responsibilities, as well as an

annual State appropriation.

The New Jersey Department of Environmental Protection is the only entity 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 required in the Air Pollution 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 Protection on air pollution issues.

All 21 counties have a contract and/or grant with the New Jersey Department of Environmental

Protection in which they are delegated authority to enforce various regulations under the County

Environmental Health Act. The County Environmental Health Act allows the delegated counties

to act as the New Jersey Department of Environmental Protection’s representatives during

investigations and can issued enforcement actions, assess and collect penalties, and settle cases.

The Air Pollution Control Act (N.J.S.A. 26:2C-22) includes provisions for the relation of local

ordinances or regulations 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 installation, maintenance, and replacement of equipment to monitor

stationary sources of emissions by the owners or operators of these sources 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 authority to require emissions monitoring for stationary sources.

The New Jersey Department of Environmental Protection has adopted regulations to implement

the federal requirements for stationary source 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 the emission of air pollutants causing or contributing to injury to

public or welfare. In addition, states 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 through N.J.A.C. 7:27-12. Contingency plans are

included in each of New Jersey’s State Implementation Plan revisions, which have all been

approved by the United States Environmental Protection Agency.
7

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))

States are required to provide for 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 standards or to comply with additional requirements under the Clean Air

Act.

New Jersey’s statute under N.J.S.A. 13:1D-9 gives the New Jersey Department of Environmental

Protection the authority to revise the State Implementation Plan in response to changes in the

National Ambient Air Quality Standards, availability of improved methods for attaining the

National Ambient Air Quality Standards, or in response to an United States Environmental

Protection Agency finding that the State Implementation Plan is substantially inadequate. For

example, the New Jersey Department of Environmental 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 standard and will be submitting an attainment

demonstration State Implementation Plan for fine particulate matter by April 2008.

G. State Implementation Plan Revisions for New Nonattainment Areas – 42 U.S.C. §

7410(a)(2)(I) (Section 110(a)(2)(I))

States are required to submit State Implementation 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 Prevention 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 Environmental 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 requirements of Clean Air Act Section 121 (relating to

consultation), Section 127 (relating to public notification), and Part C (relating to prevention of

significant deterioration of air quality and visibility protection).

Clean Air Act Section 121 requires that states provide a satisfactory process of consultation with

general purpose local governments, designated organizations 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 Protection provides the

opportunity to everyone in New Jersey to participate in the public comment period and public

hearing for any rulemaking and State Implementation Plan proposal, as described below in

§110(a)(2)(M). Another avenue of consultation with the public and the regulated community is
8

through workshops. In preparation for State Implementation Plan revisions for 8-hour ozone and

fine particulate matter, the New Jersey Department of Environmental Protection consulted with

representatives of civic, environmental, and industrial 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 Environmental Protection and discussed on the website

(http://www.nj.gov/dep/airworkgroups/wkshpsurvey.html).

In addition, the New Jersey Department of Environmental Protection has already met with the

federal land manager, regional organizations, and affected states for the purpose of the Regional

Haze State Implementation Plan. Also, the New Jersey Department of Environmental Protection

consults with the Metropolitan Planning Organizations regularly to discuss transportation-related

air quality issues as required by the Transportation Conformity Rule.

Clean Air Act Section 127 requires the states to provide measures which 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 calendar year, to advise the public of the health hazards

associated with such pollution, and to enhance public awareness of measures that can be taken to

prevent such standards from being exceeded. The New Jersey Department of Environmental

Protection has a standard operating procedure by which notification of National Ambient Air

Quality Standards exceedances is sent to the press. 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 participants of the New Jersey Department of

Environmental Protection’s listserv, an e-mail service that is used to broadcast information.

The New Jersey Department of Environmental Protection was delegated the prevention of

significant deterioration authority by the United States Environmental Protection Agency.6

Alternatively, such authority for establishing the 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 deterioration regulations only apply to attainment areas for a given

pollutant. The New Jersey Department of Environmental Protection is currently waiting for the

United States Environmental Protection Agency’s rule on the prevention of significant

deterioration requirements for the Fine Particulate Matter National Ambient Air Quality

Standard. For visibility improvement, 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 Agency’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 particulate matter. This is a rapidly evolving field in

which the New Jersey Department of Environmental Protection endeavors to use the latest

methodology and techniques, and documents information that its staff uses when conducting

modeling or when evaluating the performance of air quality models used for this purpose. The

New Jersey Department of Environmental Protection consults and works with regional

organizations that conduct the regional air quality modeling. The regional modeling for New

Jersey was included in the October 2007 8-Hour Ozone Attainment Demonstration/State

Implementation Plan revision. A similar regional modeling effort will be included in the

Regional Haze State Implementation Plan and the Fine Particulate Matter Attainment

Demonstration/State Implementation Plan revision due in early 2008.

N.J.A.C. 7:27-8.5 and 22.8 contain air quality modeling requirements for stationary sources for

the New Jersey Department of Environmental Protection’s Air Permitting Program.

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

110(a)(2)(L))

States are required to assess the owner or operator of each major stationary source with fees

sufficient to cover the reasonable costs of reviewing and acting upon any application for such a

permit, and if a permit is granted, the reasonable costs of implementing and enforcing the terms

and conditions of the permit. Owners or operators 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 the 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 participation by local political subdivisions

affected by the plan.
10

New Jersey provides the opportunity for consultation and participation to local political

subdivisions during the public comment period of a proposed State Implementation Plan. The

federal Clean Air Act requires that states include a public process in the State Implementation

Plan. New Jersey’s Air Pollution Control Act (N.J.S.A. 26:2C-8) and Administrative Procedure

Act (N.J.S.A. 52:14B-1 et seq.) requires a public process for any rulemaking. The New Jersey

Department of Environmental Protection offers the opportunity to everyone 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, public libraries, and the New Jersey Department of

Environmental Protection’s Regional Enforcement Offices. The notices are also mailed through

the United States Postal Service and through Listserv (electronic mailing system) to

organizations and interested parties that have signed up for 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 resources and brain power. The New Jersey

Department of Environmental Protection assures that all comments and testimonies are seriously

considered in rulemaking and when finalizing 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, Department of Agriculture, the Delaware Valley

Regional Planning Commission, the Northern New Jersey Transportation Planning Authority,

and Southern New Jersey Transportation Planning 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 regulations, and State Implementation

Plans, the New Jersey Department of Environmental Protection has concluded that the

infrastructure 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 the 8-Hour Ozone and Fine Particulate Matter 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

PM2.5 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 2008




1

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 2008
2

DOCUMENTATION OF COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS

On or about December 22, 2007, the New Jersey Department of Environmental Protection

took the following actions to provide timely notice of proposed SIP revision:

• Published legal advertisements providing notice of the proposed SIP 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 newspapers 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 Availability 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., 1st 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 2008
2

New Jersey Department of Environmental Protection

NOTICE OF PUBLIC HEARING AND AVAILABILITY:

Proposed revisions to New Jersey’s State Implementation Plan covering, 1) the Federal

Clean Air Act Infrastructure Requirements, 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 (PM2.5) National Ambient Air Quality Standards

(NAAQS). The second revision updates the initial early transportation conformity budgets for PM2.5 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 implementation 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 already been addressed in past SIP revisions or through regulations.

This SIP revision complies with the infrastructure requirements for the 1997 8-Hour Ozone and the 1997

PM2.5 NAAQS.

In the recent 8-Hour Ozone Attainment Demonstration 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 traveled (VMT) between vehicle types was updated to reflect a greater

fraction of the total VMT should be attributed to the heaviest class of diesel trucks. When the updated

VMT/vehicle type mix is used, the predicted emissions of direct PM2.5 and annual NOx increase. The

higher predictions result in values that are significantly higher than the initial early PM2.5 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 projects by 2009. Therefore, a revision of the early

budget for Mercer County is needed. These revised transportation budgets are needed by the

Metropolitan Planning Organization (Delaware Valley Regional Planning 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 available from the Department’s web site at

http://www.state.nj.us/dep/baqp, the Department’s Public Information Center at 401 E. State Street in
3

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, 7th 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 SIP revisions is scheduled as follows:

Monday, January 28, 2008 at 10:00 a.m.

The NJDEP Building, Public Hearing Room (1st 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. 08103
4

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 revision 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, 7th 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 Listserv 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.
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