## The State of New Jersey Department of Environmental Protection

State Implementation Plan (SIP) Revision

Sections 110(a)(1) and 110 (a)(2) for the

Lead

Sulfur Dioxide Nitrogen Dioxide

Ozone

PM 2.5 and PM 10

Carbon Monoxide

National Ambient Air Quality Standard s

and Regional Haze

September 2014i Acknowledgements

The New Jersey Department of Environmental Protection (Department) acknowledges the efforts and assistance of the agencies and individuals whose contributions were instrumental in the preparation of this Certification . In particular, the Department wishes to acknowledge the

individuals within the United States Environmental Protection Agency (USEPA)

, Region 2 for

their assistance on this matter.ii Table of Contents

List of Tables

................................ ................................ ................................ ................................ .. ii List of Appendices

................................ ................................ ................................ ......................... iii Acronyms and Abbreviations

................................ ................................ ................................ ........ iv Executive Summary

................................ ................................ ................................ ........................ 1

1. Introduction

................................ ................................ ................................ .............................. 3

Recent USEPA N AAQS Actions:

................................ ................................ ................................ .. 5 Use of USEPA Guidance Throughout This Infrastructure SIP

................................ ...................... 6

2. Infrastructure Elements Currently Addressed by New Jersey’s SIP

................................ ........ 6

3. Statement of New Jersey’s General Authority

................................ ................................ ......... 7

4. Specific Authority of the State of New Jersey

................................ ................................ ......... 7

5. Description of Infrastructure Elements of the Clean Air Act Under 42 U.S.C. § 7410(a)(2) (CAA, Section 110(a)(2)) and how New Jersey meets these requirements

................................ .... 9 §110(a)(2)(B)

................................ ................................ ................................ ............................. 11 §110(a)(2)(C )

................................ ................................ ................................ ............................. 11 §110(a)(2)(D)

................................ ................................ ................................ ............................. 13 §110(a)(2)(D)

................................ ................................ ................................ ............................. 15 §110(a)(2)(E)

................................ ................................ ................................ ............................. 15 §110(a)(2)(F)

................................ ................................ ................................ ............................. 19 §110(a)(2)(G)

................................ ................................ ................................ ............................. 20 §110(a)(2)(H)

................................ ................................ ................................ ............................. 22 §110(a)(2)(I)

................................ ................................ ................................ .............................. 23 §110(a)(2)(J)

................................ ................................ ................................ .............................. 23 §110(a)(2)(K)

................................ ................................ ................................ ............................. 26 §110(a)(2)(L)

................................ ................................ ................................ ............................. 26 §110(a)(2)(M)

................................ ................................ ................................ ............................ 28

6. Interstate Transport Provisions of Section 110(a)(2)(D) For All NAAQS Pollutants

........... 29

7. Conclusion

................................ ................................ ................................ .............................. 33

List of Tables

Table ES

- 1: 42 U.S.C. § 7410 ( CAA , Section 110) Citation s and General Requirement s

............................................................ .. ....................................1

Table 1: New Jersey’s Attainment Status for All Criteria Pollutants

................................ ............. 4

Table 2: Infrastructure Elem ents Required under the Federal Clean Air Act (42 U.S.C. § 7410(a)(2) (CAA Section 110(a)(2)) and New Jersey Authorities ,

................................ ................ 8 Table 3: New Jersey’s Statutory and Regulatory Provisions Pertaining to the Infrastructure SIP Requirements for All Pollutants Having an Established NAAQS and Regional Haze

................ 10iii List of Appendic e s

Appendix A

- New Jersey Air Pollution Control Act (APCA) N.J.S.A. 26:2C

- 1 et seq. (available

on

- line at http://www.njleg.state.nj.us/ )

Appendix B

- List of New Jersey R ules Adopted Pursuant to the Air Pollution Control Act and

included in New Jersey SIPs

. ( Free official copies of the Department’s rules are availa ble from

the Lexis Nexis website at http://www.lexisnexis.com/njoal/ ). Unofficial copies are available from the Department’s website at http://www.nj.gov/dep/aqm/rules.html.)

Appendix C

- Copy of N.J.A.C. 7:27

- 12, Prevention and Control of Air Pollution Emergencies ( unofficial copy available on

- line at http://www.state.nj.us/dep/aqm/Sub12.pdf ; a free official copy is available from the Lexis Nexis web site at http://www.lexisnexis.com/njoal/ )

Appendix D

- Copy of a s ample Memorandum of Understanding developed between the State of New Jersey and a c ounty or l ocal g overnment entity under the County Environmental H ealth Act (CEHA)

Appendix E

- New Jersey’s County Environmental Health Act (CEHA) , N.J.S.A. 26:3A2

- 21 et seq. An official copy of CEHA is available from the New Jersey L egislature’ s website at

h ttp://www.njleg.state.nj.us/ . The Department has an un official copy available on its website at http://www.nj.gov/dep/enforcement/cehastatute.pdf

.

Appendix F

- Additional Considerations Concerning the Transport of Lead in New Jersey

Appendix G

- USEPA Guidance Materials and Federal Register Notices Referenced in this SIP

Appendix H

– List of control measures adopted by the State of New Jersey to address the

intrastate and interstate tr ansport of pollutants

Appendix I

– Emergency Air Quality Control Criteria

Appendix J

– Copy of N.J.A.C. 7 : 27

- 8

, Permits and Certificates for Minor Facilities (and Major Facilities without an Operating Permit) (unofficial copy available on

- line at http://www.state.nj.us/dep/aqm/Sub8.doc ; a free official copy is available from the Lexis Nexis

website at http://www.lexisnexis.com/njoal )

Appendix K

– Response to Comments and Documentation of the Public Outreach and

Notification Process for this Proposed SIP Revision

Appendix L

- Documentation of the Guidance Documents Used to Prepare the Proposed Revision to New Jersey’s State Implementation Plan Conce rning Section 110 Requirements for All NAAQS and Visibilityiv Acronyms and Abbreviations

AELs Alternative Emission Limits AQRV Air Quality Related Value AQS Air Quality System

BART Best Available Retrofit Technology

CO Carbon Monoxide

CAIR Clean Air Interstate Rule

CDD Clean Data Determination

C.F.R. Code of Federal Regulations

EGUs Electric Generating Units Fed. Reg

. Federal Register

FLM Federal Land Manager

FSELs Facility

- S pecific Emission Limits

HEDD High Electric Demand Day

I/M Inspection and Maintenance

IMPROVE Interagency Monitoring of Protected Visual Environment s km kilometer

lb/mmBTU Pounds per million British Thermal Units

LADCO Lake Michigan Area Directors Consortium μg/m 3 Micrograms per cubic meter

MANE

- VU Mid

- Atlantic/Northeast

- Visibility Union

MARAMA Mid

- Atlantic Regional Air Management Association NAAQS National Ambient Air Quality Standards

NESCAUM Northeast States for Coordinated Air Use Management

N.J.A.C. New Jersey Administrative Code

N.J.R. New Jersey Register

N.J.S.A. New Jersey Statutes Annotated

NO 2 Nitrogen Dioxide

NO

x Oxides of N itrogen

NSR New Source R eview

NNSR Non

- attainment New Source Review

O 3 Ozone

OBD On

- board Diagnostics

OTC Ozone Transport Commission

Pb Lead

PM Particulate Matter

PM 10 C oarse P articulate M atter

PM 2.5 Fine Particulate Matter ppb Parts per billion

ppm Parts per million

PSD P revention of Significant D eterioration

RACT Reasonably Available Contr ol Technology

RAVI R easonably A ttributable Visibility I mpairment

SHL Significant Harm Level

SIL Significant Increment Levelv SIP State Implementation Plan

SOTA State of the Art

SMC Significant Monitoring C oncentration

SO 2 Sulfur D ioxide

SO

x Oxides of Sulfur

TPY Tons per year

TSP Total Suspended Particulate

U.S.C. United States Code

USEPA United States Environmental Protection Agency

VOC Volatile Organic C ompound s1 

### Executive Summary

The Clean Air Act requires each state to address the infrastructure, transport, and regional haze requirements of Section 110 when the USEPA revises or establishes a National Ambient Air Quality Standard (NAAQS). The State of New Jersey proposes to revise the State Implementation Plan (SIP) to address these requirements

. This SIP revision also addresses

Clean Air Act “infrastructure” requirements for regional haze and visibility

.

This type of SIP revision is otherwise known as a “Section 110 SIP” or an “infrastructure SIP

. ”

The infrastructure requirements are listed in Table ES

- 1:



### Table ES

- 1: Clean Air Act Citations and General Requirements

Clean Air Act Section Requirement 110(a)(2) (A) Enforceable Emission Limitations and Other Control Measures 110(a)(2) (B) Air Quality Monitoring, Compilation, Data Analysis, and Reporting 110(a)(2) (C) Enforcement and Stationary Source Permitting 110(a)(2)(D) Interstate Transport of Air Pollution

, I nternational Pollution

Abatement and Protection of Visibility (Regional Haze) 110(a)(2) (E) Resources, Conflict of Interest, and Emergency Backstop 110(a)(2) (F) Stationary Source Emissions Monitoring and Reporting 110(a)(2) (G) Emergency Powers and Contingency Plans 110(a)(2) (H) State Implementation Plan Revision F or Revised Air Quality

Standards or New Attainment Methods 110(a)(2) (I) State Implementation Plan for Non

- attainment Areas 110(a)(2) (J) Consultation, Public Notification, and Prevention of Significant

Deterioration 110(a)(2) (K) Air Quality Modeling and Reporting 110(a)(2) (L) Major Stationary Source Permitting Fees 110(a)(2) (M) Consultation with Local Entities

R ather than revising the SIP at this time to only address those pollutants for which the USEPA has recently revised a N AAQS

, the State , in consultation with USEPA Region 2, has

chosen to submit this multi

- pollutant infrastructure SIP revision to cover all pollutants for which an infrastructure SIP is required. It is expected t his will simplify and facilitate New Jersey’s

future submittals of i nfrastructure SIP revisions

, as the State w ill only need to certify, where applicable, that no changes to its authority have occurred since the last submittal of an

i nfrastructure SIP. This would save New Jersey the time and effort of making a full SIP

revision , and would also save the USEPA resources through reduced review time.

The USEPA recently took action on the NAAQS for carbon monoxide (CO), lead (Pb), nitrogen dioxide ( NO 2 ), ozone, particulate matter ( PM 2.5 and PM 10 ) and sulfur dioxide ( SO 2 )

. All of these NAAQS revisions ( except carbon monoxide where no changes to the NAAQS

occurred ) trigger the Clean Air Act ’s i nfrastructure SIP revision requirements for the State.2 In this i nfrastructure SIP revision, the State demonstrates that it has met the Clean Air

Act infrastructure requirements for all NAAQS and for visibility protection. This SIP revision

also address es the infrastructure requirements for interstate transport or the “good neighbor” provisions and the regional haze aspects of the C lean A ir A ct

. New Jersey commits to reevaluate the interstate transport aspects of the SIP when the USEPA issues regulations that the USEPA is currently developing

.3 1. I ntroduction

The Clean Air Act requires the USEPA to periodically est ablish and revise health standards for air pollutants, known as National Ambient Air Quality Standards, or NAAQS. When the

USEPA establishes or r evis es any NAAQS, the Clean Air Act requires a state to submit to the USEPA a SIP revision indicating that the s tate has the authority (or infrastructure) to implement, maintain, and enforce an air quality management program that provides for attainment and

maintenance of the specific NAAQS . These revisions are due within three years of issuance of the standard by the U SEPA . These elements comprise what is commonly referred to as an

“ i nfrastructure SIP

, ” although this term also includes the Clean Air Act requirements that a state
address its obligation to address interstate transport of pollutants and visibility protection for other states (r egional haze )

.

The infrastructure SIP requirements are set forth at CAA Section 110(a). CAA Section 110(a)(1) directs each state to provide reasonable notice and a public hearing before submitting

an infrastructure SIP to th e USEPA. CAA Section 110(a)(2) specifies the substantive elements that SIP submissions need to address for USEPA approval, and includes requirements for the following:

• emissions limits and control measures ;

• ambient air quality monitoring ;

• enforcement of Clean Air Act permitting programs ;

• adequate personnel and funding ;

• adequate authorities ;

• stationary source monitoring ;

• consultations with government officials ;

• public notifications ;

• PSD and visibility protection ;

• modeling/data ;

• permitting fees ; and

• participation by affected local entities

.4 Table 1 : New Jersey’s Attainment Status for All Criteria Pollutants

Pollutant Primary Standards Monitoring

Data Status Designation/SIP

Status Level / New Requirements Date Averaging Time

CO 9 ppm 1971 8

- hour Attaining Attainment 35 ppm 1971 1

- hour

New monitors 2011 Not applicable In Progress No new Requirements

Lead 1.5 μg/m 3 1978 Quarterly Average Attaining Attainment

0.15 μg/m 3 2008 Rolling 3

- Month Average Attaining Unclassifiable

Attainment

NO 2 53 ppb 1971 Annual Attaining Attainment

100 ppb and

New monitors 2010 1

- hour Likely to

Attain Unclassifiable

Attainment

PM 10 150 μg/m 3 1987 24

- hour Attaining Attainment

PM 2.5 15.0 μg/m 3 1997 Annual Attaining A ttainment

35 μg/m 3 2006 24

- hour Attaining A ttainment

12 μg/m 3 2012 Annual Attaining Not yet designated

Ozone 0.12 ppm 1979 1

- hour Attaining Standard

revoked/C lean D ata

D etermination

0.08 ppm 1997 8

- hour Attaining Non

- attainment /

C lean D ata

D etermination
0.075 ppm 2008 8

- hour Not Attaining Non

- attainment

SO 2 0.03 ppm 1971 Annual

Attaining except for area

surrounding

Warren County , NJ Attainment except

for southern portion

of Warren County 0.14 ppm 1971 24

- hour

75 ppb 2010 1

- hour State designation

recommendations

, June 23, 2011

– Not attaining for municipalities in four

counties and

unclassifiable for the

rest of the S tate Regional

Haze Visibility 1990/

1999 NA Likely to meet 2018 goal July 2009 , July 2014 Progress Report due5 The State of New Jersey proposes to revise its SIP to demonstrate New Jersey’s authority to implement, maintain, and enforce the Clean Air Act NAAQS requirements for l ead (Pb)

,

s ulfur d ioxide (SO 2 ), n itrogen d ioxide (NO 2 ), fine and co a rs e particulate ( PM 2.5 and PM 10 ),

c arbon m onoxide (CO) and o zone (O 3 ) and the Clean Air Act visibility ( Regional Haze ) requirements.

In this SIP revision, t he State addresses the requirements of 42 U.S.C. § 7410(a)(2)(D) ( CAA Section 110(a)(2)(D)) regarding the interstate transport of air pollutio n for all criteria pollutants except sulfur dioxide

. The State intends to provide the USEPA additional information in the future concerning the Clean Air Act interstate transport of air pollution requirements for

the sulfur dioxide NAAQS (CAA Section 110(a)(2)(D)), once the USEPA has issued guidance for satisfying these requirements.

Recent USEPA NAAQS Actions :

Carbon Monoxide (CO) : On August 31, 2011, the USEPA i ssued a final rule retaining the existing standards for CO of 9 ppm as an 8

- hour standard and 35

- ppm as a 1

- hour

standard.

Lead (Pb) : On October 15, 2008 , the USEPA revised the Pb NAAQS , effective January

12 , 200 9

. This revision increased the stringency of the standard from 1.5 micrograms per cubic meter ( μg/m 3 ) to 0.15 μg/m 3

.

Nitrogen Dio xide ( NO 2 ) : On February 9, 2010, the USEPA revised the 1

- hour primary

standard for NO 2 of 100 ppb and an annual primary and secondary standard of 53 ppb.

Ozone : On March 27, 2008, the USEPA revised the 8

- hour primary standard for ozone of 75 ppb

.

PM 2.5 and PM 10 : On October 17, 2006, the USEPA revised the primary and secondary

24

- hour PM 2.5 standard from 65 μg/m 3 to 35 μg/m 3

. It also retained the annual PM 2.5

standard of 15 μg/ m 3 and a primary and secondary 24

- hour PM10 standard of 150 μg/ m 3

. The USEPA finalized changes to the annual PM 2.5 NAAQS on January 15, 2013 ( 78 Fed. Reg. 3086 , January 15, 2013 )

, revising the annual PM 2.5 standard by lowering the

level to 12.0 μg/m 3 , but retain ing the 24

- hour standard at a level of 35 μg/m 3 a nd generally retaining the current suite of secondary s tandards

. This SIP revision also appl ies to any changes of the annual PM 2.5 NAAQS

, as it also satisfies the Clean Air Act requirements for these latest re visions to the annual PM 2.5 NAAQS.

Sulfur Dioxide (S O 2 ) : On June 22, 2010, the USEPA revised the 1

- hour primary standard of 75 ppb for SO 2 and the secondary 3

- hour standard of 0.5 ppm.6 Use of USEPA Guidance Throughout This Infrastructure SIP

The USEPA issued guidance for the infrastructure requirements specific to the 0.15 μg/m 3 l ead NAAQS in addition to the guidance set forth in the preamble to the proposed and final rules for the revised NAAQS. 1

, 2

, 3 Th e Department used th e following guidance

from USEPA , as appropriate , in preparing this document : “Guidance on State Implementation Plan (SIP) Elements Under the Clean Air Act Sections 110(a)(1) and 110(a)(2),” USEPA, Stephen D. Page, Director, Office of Air Quality Planning and

Standard s, September 13, 2013. The Department has provided hyperlinks to a ll USEPA guidance materials referred to within this SIP at Appendix G and has posted copies on its

website at http://www.stat e.nj.us/dep/baqp/sip/siprevs.htm

.

2. Infrastruc t u re Elements Currently Included in New Jersey’s SIP

On February 25, 2008, New Jersey submitted i nfrastructure SIP revision s to the USEPA for the 1997 85 ppb ozone NAAQS and the 1997 15 μg/ m 3 annual PM 2.5 NAAQS . On January 15, 2010, New Jersey submitted Infrastructure SIP revisions to the USEPA for the 2006 35 μg/ m 3 24

- hour PM 2.5 NAAQS. O n June 14, 201 3, t he USEPA published final approval for

most elements of these i nfrastructure SIP revision s

. 4

When the USEPA revised the 24

- hour PM 2.5 NAAQS

, it s implementation guidance 5

allowed a state , as an alternative to a full SIP revision to address a revised NAAQS to simply certify that it was in continued compliance with the CAA Section 110(a)(1) and (2) requirements already addressed in the SIP it was revising. T he S tate had recently addressed these requirements for the annual PM 2.5 NAAQS. Accordingly, o n January 15, 2010, New Jersey

submitted a certification document and a SIP submittal to the USEPA for the 1997 8

- hour o zone and PM 2.5 NAAQS

, including a response to the USEPA’s 2008 findings for the annual PM 2.5 NAAQ S.

In its June 14, 2013 f inal r ule, the USEPA disapproved the State’s Infrastructure SIP for the following Clean Air Act requirements: CAA Section s 110(a)(2)(C) (for the Prevention of Significant Deterioration (PSD) portion only) , ( D )(i)(II) , (D)(ii) and (J) . The US EPA conditionally approv ed New Jersey’s Infrastructure SIP for the following 110(a)(2) elements and

sub

- elements:

• conflict of interest (CAA Section 110(a)(2)(E) (ii) ;

1 USEPA Memorandum from Stephen D. Page, Director, Office of Air Quality Planning and Standards, to Regional Air Directors, “Guidance on State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS),” October 14, 2011 . (Hereinafter 2011 Lead NAAQS SIP Guidance Document.) Available at http://www.epa.gov/airquality/lead/pdfs/20111014infrastructure.pdf

2 73 Fed. Reg. 29184 at 29269

- 29270 (May 20, 2008)

3 73 Fed. Reg. 66964 at 67034

- 67035 (November 12, 2008)

4 78 Fed. Reg. 35764 (June 14, 2013)

5 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24

- Hour Fine Particle ( PM 2.5 ) National Ambient Air Quality Standards (NAAQS),” September 25, 2009.7 • delegations (CAA Section 110(a)(2)(E) (iii) ; and

• emergency powers ( for the 1997 8

- hour ozone element ) (CAA Section 110(a)(2)( G).

New Jersey committed

, by letter dated May 2, 2013

, to correc t the deficiencies and submit

them to the US EPA by June, 2014

. This SIP revision addresses these findings.

3. Statement of New Jersey’s General Authority

T he New J ersey Air Pollution Control Act (APCA) (N.J.S. A. 26:2C

- 1 et seq.) authorizes

the State to implement, maintain, and enforce air quality management program s that provide for

attainment and maintenance of the NAAQS

. Through this SIP revision, the State is demonstrating compliance with the infrastructure requirements under 42 U.S.C. § 7410(a)(1) and (2) (CAA Section 110(a)(1) and (2)) for all NAAQS, including the primary and secondary NAAQS for lead

, nitrogen dioxide

, carbon monoxide , ozone, sulfur dioxide

, and PM 2.5 and

PM 10

. 6

, 7

4. Specific Authority of the State of New Jersey

The State ’s 2008 i nfrastructure SIP revision reflects the specific regulatory authorities to
address the 1997 8

- hour ozone standard (85 ppb) and the 1997 annual PM 2.5 standard (15 μg/m3 ). 8 The State’s 2010 Certification reflects the State’s specific authorit y to address the 2006 daily PM 2.5 standard (35 μg/ m 3 )

. 9 There has been n o change to the statutory authorities for air quality management in New Jersey since th e 20 10 c ertification for particulates or for the

other pollutants with an established NAAQS. The specific New Jersey authorities set forth in Table 2 appl y to all air pollutants that have an established NAAQS, not just those for ozone and particulates, as reflected in the 2008 Infrastructure SIP revision and the 2010 Certification.

6 2011 Lead NAAQS SIP Guidance Document.

7 73 Fed. Reg. 67034 at 67034 and 67035 (November 12, 2008).

8 NJDEP. State Implementation Pl an Revision for Meeting the Infrastructure Requirements of the Clean Air Act. New Jersey Department of Environmental Protection, February 28, 2008.

9 NJDEP. Certification for Meeting the Infrastructure Requirements of the Clean Air Act. New Jersey Departme nt of Environmental Protection, January 2010

.8 Table 2 : Infrastructure Elements Required under the Federal Clean Air Act (42

U.S.C. § 7410(a)(2) ( CAA Section 110(a)(2)) and New Jersey Statutes and Regulations 10
, 11

CAA § 110(a)(2)

Element Summary of Element New Jersey Authority

110(a)(2) (A) Enforceable Emission Limitations and Other

Control Measures N.J.S.A. 26:2C

- 8, 9, 18 and 19

N.J.A.C. 7:27 110(a)(2) (B) Air Quality Monitoring, Compilation, Data Analysis, and Reporting N.J.S.A. 26:2C

- 9.a.

110(a)(2) (C) Enforcement and Stationary Source Permitting N.J.S.A. 13:1D

- 9

N.J.S.A. 26:2C

- 8 and 19

N.J.S.A. 26:2C

- 9.b (specifically 9.b(4), 9.b(5) and 9.b(8)) and 9.1

N.J.A.C. 7:27 and 7:27A

N.J.A.C. 7:27

- 8 and 22 110(a)(2)(D) Interstate Transport of Air Pollution and

I nternational Pollution Abatement N.J.A.C. 7:27

N.J.A.C. 7:27

- 22.11(k) and 22.24

N.J.S.A. 26:2C

- 8 and specifically 8 .11

N.J.S.A. 26:2C

- 9 and 9 .b(6) 110(a)(2) (E) Resources, Conflict of Interest, and Emergency Backstop N.J.S.A. 26:2C

- 3.2 and 8

N.J.S.A. 13:1D

- 9

N.J.S.A. 52:13D

- 14 and 16

N.J.S.A. 26:2C

- 2 2

N.J.S.A. 26:3A2

- 21 et seq.

N.J.A.C. 7:1H

- 1 et seq. 110(a)(2) (F) Stationary Source Emissions Monitoring and Reporting N.J.S.A. 26:2C

- 9.b(3) and (4) and 9.2

N.J.A.C. 7:27

- 8, 11.3(e), 21, and 22.18 110(a)(2) (G) Emergency Powers and Contingency Plans N.J.S.A. 26:2C

- 26 et seq.

N.J.A.C. 7:27

- 12 110(a)(2) (H) State Implementation Plan Revision For Revised Air Quality Standards or New Attainment Methods N.J.S.A. 13:1D

- 9

110(a)(2) (I) State Implementation Plan for Non

- attainment

Areas N.J.S.A. 13:1D

- 9

110(a)(2) (J) Consultation, Public Notification, and Prevention of Significant Deterioration N.J.S.A. 26:2C

- 8, 9, and 19

N.J.S.A. 52:14B

- 1 et seq.

N.J.A.C. 7:27

- 8.10 and 22.11 110(a)(2) (K) Air Quality Modeling and Reporting N.J.S.A. 26:2C

- 9.2(b)

N.J.A.C. 7:27

- 8.5 and 22.8 110(a)(2) (L) Major Stationary Source Permitting Fees N.J.A.C. 7:27

- 22.31

N.J.S.A. 26:2C

- 9.b(7) , 9.5 and 9.6 110(a)(2) (M) Consultation with Local Entities N.J.S.A. 26:2C

- 8

N.J.S.A. 52:14B

- 1 et seq.

10 O fficial copies of the Department’s rules (codified in the New Jersey Administrative Code (N.J.A.C

. ) ) are accessible o nline through the New Jersey Office of Administrative Law (NJOAL) Lexis

- Nexis Access at http://www.lexisnexis.com/hottopics/njcode/

11 The New Jersey Statutes Annotated (N.J.S.A

. ) are accessible on line at http://lis.njleg.state.nj.us/9 5. Description of i nfrastructure e lements of the Clean Air Act u nder 42 U.S.C. § 7410(a)(2) ( CAA, Section 110(a)(2)) and how New Jersey meets these requirements

The Clean Air Act requires a state to address

, in its SIPs

, specific elements of its programs to implement, maintain, and enforc e NAAQS and Regional Haze. T his SIP revision

ad dress es the elements under 42 U.S.C. § 7410(a)(2) ( CAA Section 110(a)(2)) and summarized

in Table 2

, while specifically discussing the transport requirements under CAA Section 110(a)( 2)(D) in Section 6

. For completeness purposes, this SIP is intended as documentation and certification that New Jersey has met the infrastructure requirements under CAA Section 110(a)(2) for all pollutants that have an established NAAQS. New Jersey certifies compliance with these elements through its existing SIPs, and as described in this SIP revision. Table 3 contains the specific description of how New Jersey complies with each element of the Section 110 infrastructure requirements of the Clean Air Act and provides more detail to address

USEPA’s previously identified concerns , as noted in Section 2 of this SIP

. A hyperlink to the official copy of the Air Pollution Control Act (N.J.S.A 26:2C

- 1 et seq.) is found in Appendix A

of this SIP and a list of the State’s regulations adopted under the Air Pollution Control Act and made part of the New Jersey SIP is contained in Appendix B.10 Table 3: New Jersey’s Statutory and Regulatory Provisions Pertaining to the Infrastructure SIP Requirements for All Pollutants Having an Established NAAQS and Regional Haze

The exact wording of the Clean Air Act, Section 110(a)(2) is included in italics within the second column of this table. A hyperlink to the official copy of the APCA (N.J.S. A 26:2C

- 1 et seq.) is found in Appendix A of this SIP and a list of the State’s regulations adopted and made part of the New Jersey SIP is contained in Appendix B. ( Free official copies of the Department’s rules

are available from the Lexis Nexis website at http://www.lexisnexis.com/njoal/ ). Unofficial copies are available from the Department’s website at http://www.nj.gov/dep/aqm/rules.html.)

Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(A) Include enforceable

emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as

schedules and timetables for compliance as may be necessary or appropriate to meet the applicab le requirements of this Act. New Jersey has the authority under the APCA at N.J.S.A. 26:2C

- 8, 9, 18, and 19 and

has established enforceable emission limita tions for all criteria air pollutants in its rules

at N.J.A.C. 7:27.

New Jersey also administers a NSR program that results in enforceable emission limitations contained within permits to construct

, and c ertificates to operate sources of criteria and toxic air pollutants.

The USEPA SIP

- approved rules are identified in 40 C.F.R. 52.1570 and 52.1604.11 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(B) P rovide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such

data a vailable to the Administrator; New Je rsey’s authority at N.J.S.A 26:2C

- 9a addresses the requirement to conduct ambient air quality monitoring.

Ambient air monitoring is required by the APCA at N.J.S.A. 26:2C

- 9.a. and by the Clean Air Act. New Jersey has an extensive air quality monitoring network to collect air quality data and to compile, analyze, and report the data to the USEPA. The Department’s website contains up

- to

- date information about air quality monitoring, including a description of the network and information about the monitorin g of all criteria air pollutants, including status, daily values, and reports to the public. See http://www.nj.gov/dep/airmon/index.html with links to all elements of the air monitoring program. New Jersey will continue to operate its monitoring network i n accordance with all applicable sections of 40 C.F.R. Part 58 , subject to a joint annual review process by both the State and the USEPA and the analyze all data obtained from the monitoring network in accordance with applicable regulations and guidance

. New Jersey certifies compliance with this element. §110(a)(2)(C) Include a program to provide for the enforcement of the

measures described in subparagraph (A), and regulation of the modification and construction of any stationary source within

the areas covered by the plan as necessary to

assure that national New Jersey’s authority at N.J.S.A. 26:2C

- 9b and 9.1 and N.J.S.A. 13:1D

- 9 allows for

the creation of enforcement and permitting programs that meet the federal Clean Air Act requirements. New Jersey’s enforcement of all control measures, including the air permitting program for regulating stationary sources, is governed by the APCA at
N.J.S.A. 26:2C

- 19. New Jersey’s enforcement and permitting programs operate under rules designated in N.J.A.C. 7:27 and N.J.A.C. 7:27A. New Jersey’s air pollution

control program at N.J.A.C. 7:27

- 8.12 (minor sources) and N.J.A.C. 7:27

- 22.35 (major sources) requir es State of the Art (SOTA) review for installation of advances in the art of air pollution controls if there is an emission increase for an emission unit that has the potential to emit five or more tpy. The definition of SOTA is similar to BACT. The 5
tp y trigger requires BACT

- like control on substantially more equipment than required

at 40 C.F.R. 5 1 .165. Under New Jersey’s minor NSR program, any newly constructed,12 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

ambient air quality standards are achieved, including a permit program as required in parts C and D; reconstructed or modified equipment and control apparatus with a potential to emit five

to ns or more of a criteria air contaminant is subject to the SOTA review.

Appendix B of this SIP l ist s all New Jersey regulations adopted p ursuant to the Air

Pollution Control Act and includ ed in New Jersey’s SIP to meet or maintain one or more NAAQS. The attainment status, as shown in Table 1 of this SIP, determines if the

federal PSD or Non

- attainment Area New Source Review rules applies to the area. 12
The PSD program applies when a major source, that is located in an area designated as

attainment or uncla ssifiable for any criteria pollutant, is constructed, or undergoes a major modification 13

. New Jersey accepted delegation of the administration of the PSD program from the USEPA on February 22, 1983 and the provisions of 40 CFR 52.21(b) through (w), related to Prevention of Significant Deterioration, were incorporated into New Jersey’s SIP at 40 C.F.R. 52.1603(b) . New Jersey’s regulations at N.J.A.C 7:27

- 8 .5

, 1 8, and 22. 8 meet the federal requirements for preventing a violation of the NAAQS in areas already attaining the NAAQS

.

12 The USEPA designated all of New Jersey as “unclassifiable/attainment” for the lead NAAQS on November 8, 2011, for nitrogen dioxide effective February 29, 2012, and for carbon monoxide in 1971

. On August 13, 2013, t he EPA redesignated to attainment the 13 New Jersey counties that had been designated

nonattainment for PM 2.5 so that all of New Jersey is now classified in attainment for PM 2.5

. Since New Jersey does not have any designated nonattainment areas for lead, carbon monoxide , coarse particulate matter ( PM 10 ), and nitrogen dioxide , New Jersey implements the federal PSD program and has a minor NSR program in place. Letter dated June 14, 2011 from USEPA Region II Administrator Judith A. Enc k to NJ Governor Chris Christie and 76 Fed. Reg. 72113 (November 22, 2011) and 77 Fed

. Reg . 9532 (February 17, 2012).

13 In addition, the PSD program applies to non

- criteria pollutants subject to regulation under the federal Clean Air Act , except those pollutants regulated under

S ection 112 and pollutants subject to regulation only under S ection 211(o). (73 Fed. Reg. 67040 (November 12, 2008))13 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(D ) Contain adequate provisions

- (i) prohibiting,

consistent with the provisions of this title , any source or other type of emissions activity within the state from emitting any air pollutant in amounts

which will

– (I) contribute

s ignificantly to
nonattainment in, or interfere with maintenance by, any other state with respect to any

such national primary or secondary ambient air quality standard, or (II) interfere with

measures r e quired

to be included in the applicable implementation plan for any other T o address interstate transport of air pollut ants , New Jersey coordinates with nearby states on regional control measures as part of regional planning organizations, including the Ozone Transport Commission (OTC), Northeast States for Coordinated Air Use Management (NESCAUM), Mid

- Atlantic/Northeast

- Visibility Union (MANE

- VU),

and Mid

- Atlantic Regional Air Management Association (MARAMA). The State is taking the necessary actio ns to meet its transport obligation and address the largest contributors to air quality

, including mobile and stationary sources

.

New Jersey has the cleanest emission standards for automobiles allowed by law when a person purchases a new vehicle; Vehicl e Inspection and Maintenance (I/M) programs for gasoline and diesel vehicles ; the nation's third largest public transportation provider of bus, rail and light rail transit that links to major points in New Jersey, New York and Philadelphia ; and a program t o retrofit particle filters on diesel engines operated by or for public entities . New Jersey’s Department of Transportation works to mitigate traffic congestion by implementing traffic signal coordination projects, establishing park

- and

rides locations th roughout the State , and implementing incident management projects to improve traffic mobility. T he federal Clean Air Act limits New Jersey’s ability to

control emissions from the mobile source sector

.

New Jersey requires all fossil

- fuel Electric Generati ng Units (EGU’s) to meet multi

pollutant performance standards, including daily oxides of nitrogen ( NO

x ) performance

limits for gas and oil fired high electric demand day (HEDD) units . Clean diesel engines used for peaking or demand side management are allowed

, but uncontrolled use

in non

- emergency situations is not allowed

. New Jersey’s regulation of electric generators minimizes transport of their emissions to other States. These multi

- pollutant performance standards are equal to

, or more effective t han

, the Clean Air Interstate

Rule and Mercury and Air Toxics Standards ( MAT S) for coal

- fired EGUs

. New14 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

state under part C of this subchapter

to prevent significant deterioration of air quality to protect visibility. Jersey’s Reasonable Available Control Technology (RACT) rules were updated with more stringent VOC and NO

x performance standards for 1 4 source categories in 2009. New Jersey has also addressed area source and point source emissions of ozone

precursors through the implementation of OTC measures, including Consumer Products, Paints/Stains/Varnishes (AIM) Coatings and other OTC model rules

.

Discussion of the interstate transport of pollutants into and out of New Jersey is found in Section 6. A list of the measures taken to control intrastate and interstate transport of pollutants is attached to this SIP in Appendix H.15 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(D ) Contain adequate provisions

– (ii) insuring compliance with the applicable requirements of

Sections 126 and 115 (relating to interstate and international pollution abatement); The provisions for these two Clean Air Act sections are addressed separately below and pertain to all pollutants.

Section 126 of the Clean Air Act

CAA § 126(a) states that each SIP must require all major sources (new or modified) to provide written notic e to all surrounding states regarding the source’s impact on air pollution levels at least 60 days prior to commencement of construction. The sources subject to this requirement are those major sources subject to Part C of the Clean Air

Act and those that contribute to pollution levels in areas above the NAAQS.

I n accorda nce with N.J.A.C. 7:27

- 22.11(k), New Jersey sends communications to all nearby states ( Maryland, Pennsylvania, Delaware, New York, and Connecticut ) regarding all Title V operating permit actions , w hich includes PSD permits and NS R permits for new or modified major sources

.

Section 115 of the Clean Air Act

CAA § 115 requires a state to revise its SIP if pollutants emitted from the state endanger publ ic health or welfare in a foreign country.

New Jersey does not border any foreign country and emissions from New J ersey do not endanger public health or welfare in any foreign country.

§110(a)(2)(E ) Provide (i) necessary assurances that the st ate (or, except States are required to provide as surances that: (i) adequate personnel, funding, and legal authority will be available to carry out the SIP; (ii) a majority of its state board members represent the public interest and do not derive a significant portion of their16 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

where the Administrator deems inappropriate, the general purpose local

government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provisions of federal or state law from carrying out such implementation plan or portion thereof. ) 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.

The APCA at N.J.S.A. 26:2C

- 8 pr ovides the authority to carry out the SIP. N.J.S.A.

13:1D

- 9 contains the authority for the Department to p repare, administer and supervise Statewide, regional and local programs of conservation and environmental protection and provides guidance on dedicat ing personnel and funds for the State to carry out its responsibilities of environmental protection. The State relies on the federal grant allocated under CAA §§103 and 105 for carrying out the SIP responsibilities, as well as an annual State appropriation

.17 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

( ii) Provide requirements that the state comply with the requirements respecting state boards under section 128, (Note: Section 128(1)concerns certain requirements for the composition of any board or body that approves permits or enforcement orders un der

the Clean Air Act and does not pertain to the State of New Jersey, while Section 128(2) requires that “each applicable implementation plan shall contain requirements that

– ... (2) any potential conflicts of interest by members of such board or body or

h ead of an executive agency with similar powers be adequately disclosed.”), an d (ii) The Department is the only entity that approves permits and enforcement orders in New Jersey. There is no board or body that carries out these duties.

New Jersey has est ablished the Clean Air Council as required by the APCA at N.J.S.A.

26:2C

- 3.2. This Council is comprised of representatives from government, industry, and the public advocate groups. The Council makes recommendations to the Department’s

Commissioner on air pollution issues and does not approve permits or enforcement orders or have rulemaking authority to regulate air pollution.

New Jersey’s Conflicts of Interest Law at N.J.S.A. 52:13D

- 14 and 52:13D

- 16 prohibits state employees from accepting gifts or other item s of value from any regulated entity and from presenting the appearance of a conflict of interest to the public

.

The Department has a dopted a Code of Ethics policy pursuant to the Uniform Ethics Code established by the State Ethics Commission. The Uniform Ethics Code is

available at the website of the State Ethics Commission at http://nj.gov/ethics/docs/ethics/uniformcode.pdf . The State Ethics Commission has issued guidelines to the Code of Ethics, available on line at http://www.nj.gov/ethics/statutes/guide/

.

Consistent with the Uniform Ethics Code, the Department has establishe d procedures for reporting any work conducted by a state employee outside of the Department

.18 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

(iii) Provide necessary assurances that, where the

state has relied on a local or regional government, agency, or instrumentality for the implement ation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision; (iii) All 21 counties in New Jersey are under contract and/or grant with the Department delegating them authority to enforce various reg ulations under the County Environmental Health Act (CEHA) (N.J.S.A. 26:3A2

- 21 et seq.). CEHA allows the delegated counties to act as the Department’s representatives during investigations, including issuing enforcement actions, assessing and collecting pe nalties, and settling

cases. The APCA at N.J.S.A. 26:2C

- 22 includes provisions for the relation of local ordinances or regulations to State law. New Jersey certifies compliance with this

element.

A hyperlink to official and unofficial copies of CEHA is included as Appendix E. The State has developed and provides funding to several county and municipal governments under CEHA to inspect certain minor sources and enforce the air pollution control laws of the State. The organizational structure, titles and responsibilities of each local or county department having a CEHA agreement with the Department may differ from agency to agency. A current list of the county CEHA agencies having agreements with the Department to inspect certain sources can be found at http://www.nj.gov/dep/enforcement/county.html

. (See Appendix D for an example of a typical annual Memorandum of Understanding developed between the State and a local entity.) The Department c onfi rms that, where New J e rsey has relied on a local or regional government, agency, or instrumentality for the implementation or enforcement of any plan provision, the S tate retains the responsibility for ensuring adequate implementation of such plan provision.19 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(F) Require, as may be prescribed by the

Administrator: (i) The

instal lation, maintenance,

and replacement of equipment, and the implementation of other necessary steps by owners or operators of stationary

sources to monitor

emission s from such

sources.

(ii) Periodic reports on the

nature and amounts of

emissions

- related data from such source.

(iii) Correlation of such reports by the state agency with any emission

limitations or standards established pursuant to this chapter, which reports
shall be available at reasonable times for public inspection. Major and minor sources are required to monitor and report emissions.

For major sources, N.J.A.C. 7:27

- 22.18 requires source emissions testing and monitoring as part of and reflecting t he requirements of a source’s Title V permit.

N.J.A.C. 7:27

- 2 1 requires the reporting of emissions from Title V sources that monitor their emissions. Emissions monitoring, recordkeeping, and reporting, including the reporting of emissions in excess of th e permitted levels at a facility, is required by

N.J.A.C. 7:27

- 22.19.

For minor sources, N.J.A.C. 7:27

- 8 contains requirements for emissions testing as a condition of getting a permit to construct and a certificate to operate emission sources in

New Jerse y, specifically N.J.A.C. 7:27

- 8.2(f)2 and (f)4, 8.4(f), 8.7(f), and 8.13(d). The reporting of emissions or testing results is required by N.J.A.C. 7:27

- 8.4(g), 8.13(d), and 8.15, and N.J.A.C. 7:27

- 11.3(e) includes reporting and stack testing requirements specific to incinerators to ascertain compliance with the air pollution control permits.

N.J.A.C. 7:27

- 21 requires the submission of annual emission statements from major facilities. From these statements, the Department develops r eports of emissions of all criteria pollutants and submits them to the USEPA pursuant to the federal Air Emission Reporting Requirements ( AERR ) Rule for uploading to the USEPA's National Emission Inventory (NEI).20 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(G) Provide for authority comparable to that in section 303 and adequate contingency plans to implement such authority (Note: Section 303 gives emergency powers to the

USEPA Administrator to bring suit to stop the emission of air pollution causing or contributing to

an imminent or substantial endangerme nt to public health or welfare or the environment.) New Jersey has comparable authority provided to the Governor in New Jersey’s Air Pollution Emergency Control Act (N.J.S.A. 26:2C

- 26 et seq.), which is implemented through New Jersey’s rules at N.J.A.C. 7:27

- 12. Should ambient air levels of any air polluta nt reach unhealthful levels, N.J.A.C. 7:27

- 12 gives New Jersey the authority to declare an air pollution warning, alert, or emergency and issue orders suspend ing air pollutant emissions until the threat to public health has been resolved (N.J.A.C. 7:27

- 12. 3). The levels used by New Jersey to declare an alert, warning, emergency, or significant harm can be found in Appendix I of this SIP. The actions to be taken to reduce emissions during an air pollution alert, warning, emergency or significant harm

levels are prescribed in Subchapter 12 at N.J.A.C. 7:27

- 12.4 and N.J.A.C. 7:27

- 12.5.

New Jersey notifies the public of monitored levels of air pollutants using a system based on the National Air Quality Index (AQI). These notifications are made available

throu gh various news media sources including the internet . New Jersey will use this type of notification system should it become necessary to declare an air pollution alert, warning, or emergency.

New Jersey’s emergency episode plans/contingency plans are con tained in New Jersey’s rules at N.J.A.C. 7:27

- 12, which are consistent with the USEPA’s regulations

at 40 C.F.R. Part 51, Subpart H. A copy of the rules is provided as Appendix C of this

submittal.

In addition, based on the USEPA’s historical precedent f or the other pollutant

classification schemes 14 and ambient air monitoring data recorded for the past several

14 Letter dated November 23, 2009 from NJDEP Air Director Bill O’Sullivan to USEPA Region II Chief Ray Werner. (New Jersey’s Lea d Designati on Recommendation Supporting Data, Attachment 2)21 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

years
, 15 New Jersey meets the definition of a Priority III region according to 40 C.F.R.

51.150 , thus is not required to develop emergency episode p lan s for sulfur dioxide, nitrogen dioxide, carbon monoxide, or fine or coarse particulate matter (PM 2.5 and

PM10 ). According to 40 C.F.R. 51.152(c) “Areas classified Priority III do not need to develop episode plans.” Furthermore, 40 C.F.R. 51.152(d)(1) gives the USEPA Administrator the discretion to exempt areas designated as attainment or unclassifiable from any requirement to develop emergency episode plans.

The USEPA designated all of New Jersey as “unclassifiable / attainment” for the lead NAAQS o n November 8, 2011, thus qualifying the State for such an exemption. 16

, 17
The USEPA regulations at 40 C.F.R. 51.150 provide that lead is not an identified pollutant associated with significant harm levels. The USEPA recognized in its guidance that 40 C.F.R. Part 51, subpart H (51.150

- 51.152) and Appendix L of that subpart do not apply to lead. 18 Therefore, no emergency episode plans are required for

lead.

15 New Jersey’s monitored levels of air pollutants can be found on the USEPA’s AQS website at http://www.epa.gov/airtrends/factbook.html

16 Letter dated June 14, 2011 from USEPA Region II Administrator Judith A. Enck to NJ Governor Chris Christie.

17 76 Fed. Reg. 72113 (November 22, 2011)

18 2011 Lead NAAQS SIP Guidance Document, page 13

.22 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(H) Provide for revision of such plan

– (i) From time to time as may be necessary to take account of revisions of such primary or secondary NAAQS or the improved or more expeditious methods of attaining such standard,

and (ii) Except as provided in paragraph (3)( C),

whenever the Administrator finds on the basis of information

availab le to the

Administrator that the plan is substantially inadequate to attain the

national ambient air quality standard which it implements, or to otherwise comply with any additional requirements

established under this chapter (CAA). The Department of Environmental Protection Act of 1970, as amended, at N.J.S.A.

13:1D

- 9 contains the authority to develop and adopt the necessary regulations for SIP development.23 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(I) In the case of a plan or plan revision for an area designated as a

nonattainme nt area, meet the applicable requirements of a part D of this subchapter (relating to nonattainment areas). Not required in this document.

The Department is not addressing this element in this infrastructure SIP submission because, according to the USEPA’ s interpretation of the Clean Air Act 19 , this element

does not need to be addressed in the context of an infrastructure SIP submission.

§110(a)(2)(J) Meet the applicable requirements of section 121 of this title (relating to consultation), section 127 of this title (relating to public notification), and part C of this subchapter (relating to prevention of significant deterioration of air quality and visibility protection); Consultation and Public Notification (Sections 121 and 127)

C lean A ir A ct Section 121 requires that states provide a process of consultation with general purpose local governments, designated organizations of elected officials of local governments, and any affected F ederal L and M anager in carrying out the Clean Air Act requirem ents. New Jersey meets with the federal land manager, regional organizations, and affected states for the purpose of the Regional Haze SIP. 20 New Jersey consults with the Metropolitan Planning Organizations regularly to discuss transportation

- related air quality issues as required by the Transportation Conformity

Rule. New Jersey provides the opportunity to the public to participate during the public comment period and at the public hearing for rulemaking and SIP proposals, as

described in the discussion o f §110(a)(2)( M ) of this document

. Opportunity for public comment on the Department’s permit actions is required at N.J.A.C. 7:27

- 8.10 and

N.J.A.C. 7 : 27

- 22.11

. A public hearing may be held before the Department takes final action on a significant permit a pproval. The State also often consult s with the public and the regulated community through workshops and informal stakeholder meetings.

19 “Guidance on State Implementation Plan (SIP) Elements Under the Clean Air Act Sections 110(a)(1) and 110(a)(2),” USEPA, Stephen D. Page, Director, Office of Air Quality Planning and Standards, September 13, 2013.

20 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Env ironmental Protection, July 2009.24 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

CAA § 127 requires a state to provide measures that will e ffective ly 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 f rom being exceeded. The State has a standard operating procedure by which notification s of all NAAQS excee dances are sent to the news media. Additionally, the notification s of NAAQS exceedances are posted on the State’s website (http://www.nj.gov/dep). The State’s website also contains information for the public on the health hazards associated with such pollution and measures that can be taken to help prevent such standards from being exceeded. When an exceedance or unhealthy air is forecasted or occur s, the information is also sent out to participants of the USEPA’s air notification system, EnviroFlash, an e

- mail service that is used to broadcast information using data supplied by state or local air quality agencies

.

Prevention of Significant Deterioration (PSD) and Visibility Protection

The PSD program is addressed in the discussion of CAA § 110(a)(2)(C) above

. For all criteria pollutants other than lead 21 and carbon monoxide, the visibility protection requirements re ferenced in this subsection and contained in Part C of the Clean Ai r Act (sections 169A and 169B) are addressed through the State’s Regional Haze SIP and separate efforts involving the states of the Mid

- Atlantic / Northeast Visibility Union (MANE

- VU). Th ese Part C requirements are not affected by revisions to a NAAQS. There are, therefore, no new applicable visibility protection obligations under CAA §110(a)(2)(J) resulting from the revised NAAQS for lead, NO 2 , or ozone or for the readoption of the CO NA AQS. For the visibility protection requirements related to

21 2011 Lead NAAQS SIP Guidance Document, page 15.25 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

sulfur dioxide, nitrogen dioxide, and particulates, i n general, New Jersey included all the necessary requirements in its approved Regional Haze SIP. 22

22 77 Fed

. Reg . 19 (January 3, 2012)26 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(K) Provide for

- (i) The performance of

such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the

Administrator has

established a national ambient air quality

sta ndard, and (ii) T he submission, upon request, of data related to such air quality modeling to the Administrator; Any new or modified significant source in the State must obtain a permit to construct and a certificate to operate before the source can be bu ilt. (See N.J.S.A. 13:1D

- 9 and

N.J.S.A 2C

- 8 and 19 and N.J.A.C. 7:27

- 8.) Before issuing th e permit, the Department may use modeling, as necessary, to affirm that compliance with the NAAQS will be maintained when a new major source of emissions is coming online or an existing source is undertaking a modification that would lead to a significant increase in its potential to emit. (See N.J.A.C. 7:27

- 8.4(j) and 8.5.) A major source may also be required to perform atmospheric modeling pursuant to N.J.A.C. 7:2 7

- 22.8.

The Department will provide appropriate modeling data to the USEPA Administrator
upon request.

§110(a)(2)(L) Require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this chapter, a fee sufficient to

cover

– (i) The reasonable costs of N.J.S.A. 26:2C

- 9.5, N.J.S.A. 26:2C

- 9.6, and N.J.S.A. 26:2C

- 9.b(7) authorize New

Jers ey to charge emission fees to major sources under the major stationary source permit fee rules at N.J.A.C. 7:27

- 22.31. These fees pay for the direct and indirect expenses to administer New Jersey’s Title V Operating Permit Program. This fee program has b een approved by the USEPA, which approved New Jersey’s Title V Operating Permit Program, effective November 30, 2001 (66 Fed. Reg. 63168, December 5, 2001), and has approved subsequent revisions to New Jersey’s operating permit program rules at N.J.A.C. 7: 27

- 22 as recently as July 26, 2007. (See 72 Fed. Reg. 41025.)27 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

r eviewing and acting upon any application for such a permit, and i f the

owner or operator receives a permit for such a source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any

court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator’s approval of a fee program under subchapter (Title) V of this chapter.28 Clean Air Act Section and SIP Requirement

–

“ Each implementation plan submitted by a

State under the Clean Air Act shall be adopted by the State after reasonable notice and public hearing. Each plan shall New Jersey Authority and Compliance Measures

§110(a)(2)(M) Provide for consultation and participation by local political subdivisions affected by the plan New Jersey provides an opportunity for consultation and participation to local p olitical subdivisions during the public comment period of a proposed SIP revision. The APCA (N.J.S.A. 26:2C

- 8) and the New Jersey Administrative Procedures Act (NJAPA) ( N. J.S.A. 52:14B

- 1 et seq.) require a public notice and opportunity to comment process for any rulemaking. When necessary, additional consultation and participation by local political subdivisions are provided by the counties pursuant to the CEHA. CEHA agencies may be provided advance notice of Department actions and may be consulted

befor e proposal and finalization of Department rules.

For each major SIP revision, the Department also provides appropriate public notice, and provides the opportunity to submit written comments, and allows the public and local entities the opportunity to re quest a public hearing, in conformance with the USEPA’s notice requirements at 40 C.F.R. Part 51.102.

New Jersey consults regularly with the Metropolitan Planning Organizations to discuss transportation

- related air quality issues

, as required by the Transportation Conformity

Rule including, but not limited to, the North Jersey Transportation Planning Authority, the South Jersey Transportation Planning Organization, and the Delaware Valley Regional Planning Authority. These agencie s routinely provide data to the Department that is needed for air pollution control planning efforts and the Department consult s them regarding future air pollution control plans. The Department will continue this coordination and consultation concerning t ransportation

- related issues.29 6. Interstate Transport Provisions of Section 110(a)(2)(D) For All NAAQS Pollutants

New Jersey has addressed the interstate transport requirements of the Clean Air Act §110(a)(2)(D)(i)(I) by implementing effective rules to control sources that may significantly

contribute to the nonattainment of a federal ambient air quality standard s in another state and

, therefore, addressed New Jersey’s downwind contributions from Ne w Jersey sources. New Jersey also has no rules that interfere with the ability of another state to maintain attainment of any ambient air quality standard in that State.

Criteria Pollutants significantly transported between States

New Jersey has adopted extensive measures to control emissions from sources located in New Jersey

. These include controlling emissions of pollutants that may be transported to other states, namely, oxides of nitrogen, ozone, particulates (PM 2.5 and PM 10 ) and sulfur dioxide. A list of the measures taken by the State of New Jersey to reduce emissions of criteria pollutants is set forth in Appendices B and H. Many of New Jersey’s rules to control air emissions are more stringent than similar rules in near by states. For example, New Jersey is reduc ing oxides of nitrogen ( NO

x ) emissions with its NO

x RACT rules by an estimated 64 tons per day on H igh

E lectric D emand D ay s , starting with the 2015 summer ozone season

. New Jersey has also

reduced NO

x emissions f rom EGU ’s and refineries via consent decrees and A dministrative

C onsent O rder s by an estimated 90% from 2000 to 2011.

Ozone

– Since 1990, New Jersey has reduced its summer NO

x emissions by 63% and its VOC emissions by about 61%. New Jersey has enforceable performance standards for NO

x and

VOC emissions from power plants and other sources

, among the most effective air pollution control regulations in the country . Set forth below are some of New Jersey’s measures to control

emissio ns of ozone precursors :

- All major facility permits for new sources issued by the Department limit NO

x emissions

based on 3

- hour or 24

- hour averaging times . These shorter averaging times lower NO

x emissions on a daily basis during the summertime (when they are needed to control outdoor ozone levels)

, rather than allowing facilities to emit high levels of NO

x during a summer day while still meeting an annual or ozone season cap

.

- NO

x RACT rules include similar short

- term emission limits for existing sources of NO

x , including all existing coal, oil and gas

- fired EGU’s

.

- New and modified major facilities are subject to more stringent NO

x emission limits than

RACT to meet federal and state new source review (NSR) requirements . Such major new equipment must achieve the lowest achievable emission rate s

.

- A dvances in the art of air pollution control for significant equipment at minor facilities must be applied to new VOC and NO

x sources of air pollution

, including domes on new gasoline storage tanks

.

- The NO

x R ACT and NSR requirements in New Jersey more effective ly control ozone

levels than do the USEPA’s air transport rules ( Clean Air Interstate Rule (CAIR) and the

now

- vacated Cross State Air Pollution Rule (CSAPR) ) because New Jersey’s facilities30 must meet dai ly NO

x performance standards for all units

, while facilities in other States

may
, under the federal rules

, purchase allowances to cover their excess emissions

.

- New Jersey’s daily enforceable emission limitations better address ozone nonattainment

than em ission trading programs that allow the averaging of NO

x emissions over the

entire summer. Five month compliance periods are insufficient to ensure attainment of the ozone NAAQS because emissions can be high on days when ozone levels are high.

Five month averaging does not sufficiently lower emissions on the hottest summer days when peak electric demand and peak ozone levels occur

.

- U nlike other states that significantly impact New Jersey’s air quality, N ew J ersey power plants cannot turn off their NO

x po llution control s and use excess CAIR NO

x allowances

to meet emission limits.

- New Jersey’s NO

x RACT performance standards requir e advanced NO

x emission

control s for EGU’ s that operate on high energy demand day s (HEDD) . The HEDD units in New Jersey typically are fueled with gas or oil.

- New Jersey ha s a statewide motor vehicle Inspection and Maintenance program that ensures New Jersey’s motor vehicles operate with acceptable levels of emissio n s

.

- New Jersey has adopted the motor vehicle emission sta ndards used by the State of California (the California car standards) to ensure that only the lowest emitting vehicles available in the nation are sold in New Jersey.

If states that contribute to New Jersey’s ozone levels adopt ed New Jersey’s NO

x RACT rul es and

other of New Jersey’s air pollution control regulations

, then New Jersey's ozone levels are expected to go down.

Sulfur Dioxide

- All major sources of sulfur dioxide are well

- controlled and subject to

enforceable short

- term operating permit emission limits for sulfur dioxide.

- Pursuant to New Jersey’s air quality rules, operating coal

- fired power plants in New Jersey control SO 2 emissions by use of scrubbers that comply with the adopted SO 2 RACT rules, including short

- term SO 2 emission limit s enforced with SO 2 continuous

emission monitors.

- F luid catalytic cracking units at refineries in New Jersey are required to use acid gas

emissions scrubbers and are subject to short

- term SO 2 emission limitations.

- SO 2 levels will be further reduced due to New Jersey’s rule that requires low sulfur

content in distillate fuel oil of 500 ppm in 2014, and 15 ppm in 2016

.

- As a result of New Jersey’s legal action and a petition to the USEPA under Section 126

of the Clean Air Act

, the Portland Power plant

, just over the state border in Pennsylvania

, has reduce d SO 2 emissions from its two coal

- fired EGUs by 60% and

these units will be shut down permanently in 2014. This action will ensure attainment of

the SO 2 NAAQS in Warren County, NJ and its vicinity.

Ne w Jersey’s air rules and its success in reducing transport of SO 2 from upwind states will result in compliance with the one

- hour SO 2 N ational A mbient A ir Q uality S tandard statewide in 2014

. These measures will also ensure that no N ew J ersey facility will caus e an SO 2 violation in any

other state.31 When USEPA issues guidance or rules for modeling SO 2 sources, the Department will conduct any modeling or take any necessary steps that are required . New Jersey’s operating permit

program ensure s compliance w ith the one

- hour SO 2 NAAQS, based on a uthority at N.J.A.C.

7:27

- 22.8 , which requires that major sources not cause violations of any NAAQS.

Fine particles

– All air quality monitors in the State of New Jersey meet the NAAQS for PM2.5.

N ew J ersey has recommended to the US EPA that all of New Jersey be designated attainment for PM2.5, based on ambient monitoring and the evaluation of impacts on neighboring states. New York and Delaware do not have any PM2.5 nonattainment areas. Pennsylvania has d etermined

that nonattainment for PM2.5 in its commonwealth is caused by local, not regional

, sources. 23

Among New Jersey’s stringent controls for fine particles are the following m e asure s.

- Baghouse controls for particulate emissions are installed on al l New Jersey coal

- fired power plants , except one which is converting to natural gas or shutting down

.

- The secondary formation of fine particulate matter (PM2.5) occurs in the atmosphere through chemical reactions with pollutants to form small, respirable s olid and liquid particles. The SO 2 and NO

x controls listed in the previous sections will lower the secondary formation of fine particulate matter both in New Jersey and regionally

.

- A diesel retrofit program is being implemented to lower particulate emissi ons from the existing public fleet of diesel vehicles in New Jersey. Governor Christie’s April 20,

2011Executive Order #60 and N.J. A.C. 7:27

- 32, New Jersey’s regulation for retrofitting vehicles, will retrofit about 17,000 diesel vehicles when fully imple mented.

Criteria Pollutants not significantly transported between States

Carbon Monoxide (CO)

– C arbon Monoxide is not significantly transported between states

. There are no carbon monoxide nonattainment areas in New Jersey or in any of its contiguous

states. Carbon monoxide emissions in New Jersey do not cause nonattainment of the carbon

monoxide standards in another state. New Jersey’s approved carbon monoxide SIP appropriately

focused o n the localized carbon monoxide hot spots ; that is, locations where ambient air monitoring reflects concentrated high levels of carbon monoxide at roadway intersections resulting from their proximity to a large number of mobile sources emitting carbon monoxide

. 24

Nitrogen Dioxide ( NO 2 )

- Localized high concentrations of nitrogen dioxide do not generally occur as a result of transported emissions from out of state. E mission sources in New Jersey are not causing violations of the nitrogen dioxide NAAQS in any other state.

There are no nitrogen dioxide nonattainment areas in New Jersey or any of its contiguous states.

T he U SEPA recognized that most ambient exposures to peak nitrogen dioxide c oncentrations are associated with roadway s and so stated in it s report entitled “ Exposure Assessment for nitrogen

23 Commonwealth of Pennsylvania, Final Designation Recommendations for the 2012 PM2.5 Standard, available at http://www.dep.state.pa.us/d ep/deputate/airwaste/aq/attain/pm25des/Final_Designation_Recommendations.pdf

24 New Jersey State Implementation Plan (SIP) for the Attainment and Maintenance of the Carbon Monoxide National Ambient Air Quality Standards, May 3, 2004, http://www.nj.gov/dep/ baqp/sip/04co

- o3f.htm32 dioxide ” ( available at http://www.epa.gov/ttn/naaqs/standards/nox/s_nox_cr_rea.html )

. 25
Specifically, these notices reflected and referenced the conclusions the USEPA had drawn in its supporting Risk and Exposure Assessment (REA) for nitrogen dioxide that concentrations of on

road mobile source pollutants (including NO

x ) typically display peak concentrations on or immediately adjacent to roads

. 26

Any new or modified major source of nitrogen dioxide is evaluated for its impacts through the NSR permit review process as described in Table 3 of this document, and violations of any NAAQS would not be allowed at any locations.

Lead

- The USEPA recognizes that ambient lead concentrations are higher near known sources

of lead emissions. The USEPA discuss ed lead’s transport properties in its 2011 guidance by acknowledging that it would be rare for a source’s lead emissions to contribute significantly to another state’s nonattainment or interfere with the maintenance of the lead NAAQS in another

stat e

. 27

, 28 T here are no longer significant sources of lead emissions in the State . This is supported by the low ambient concentrations monitored in New Jersey and in nearby states. Appendix F of this SIP revision contains additional information concerning the sources of lead.

T he USEPA did not designate any lead nonattainment areas within any other state that shares a border with New Jersey (i.e. within New Jersey’s shared C ombined S tatistical A rea s )

. New Jersey has control measures and enforceable emission limits in place to a ddress its lead

sources . With these actions, New Jersey is adequately ad dressing impacts to other state s.

Regional Haze Aspects of Clean Air Act Section 110(a)(2)(D)(i)

New Jersey’s Regional Haze SIP addresses visibility requirements and was approved by the USEPA on January 3, 2012 (77 Fed. Reg

. 19)

. 29 New Jersey participates with the states of

the Mid

- Atlantic / Northeast Visibility Union (MANE

- VU) to address regional haze issues affecting New Jersey’s Class I area (the Brigantine Wilderness Area of the Edwin B. Forsythe National Wildlife Refuge). New Jersey consulted with other states outside of MANE

- VU in developing its Regional Haze SIP revision

.

42 U.S.C. § 7410(a)(2)(D)(i)(II) 30 requires the Regional Haze SIP to contain adequate provisions prohibiting any new or modified source or other type of e missions activity within the State from

25 Near

- Road NO 2 Monitoring Technical Assistance Document, U.S. Environmental Protection Agency, June 2012,

EPA

- 454/B

- 12

- 002 , available at http://www.epa.gov/t tn/amtic/files/nearroad/NearRoadTAD.pdf and See also the preambles to the Notice of Proposed Rulemaking (74 Fed. Reg. 34404 at 34408, (July 15, 2009)) and the Notice of Final Rulemaking (75 Fed. Reg. 6474 at 6479, (February 9, 2010)) for the primary NAAQS for nitrogen dioxide.

26 The REA is the EPA’s Risk and Exposure Assessment to Support the Review of the NO 2 Primary National Ambient Air Quality Standard (U.S. Environmental Protection Agency, 2008b).

27 73 Fed. Reg

. 66971 (November 12, 2008).

28 2011 Lead NAAQS SIP Guidance Document page 8

. 29 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental Protection, July 2009.

30 CAA §110(a)(2)(D)(i)(II)33 emitting any air pollutants in quantities that will interfere with measures required to be included in the SIP of another State to prevent significant deterioration of air quality or to protect visibility

. New Jerse y’s existing NSR programs satisfy the requirements of 40 C.F.R. 51.165(b)(1) and 40 C.F.R. 51.166 for new or modified sources. The details of these programs

are addressed in the discussion of CAA § 110(a)(2)(C)) of this SIP revision.

As part of the permit review, New Jersey’s delegated PSD program evaluates the new or modified source’s impact on any nearby Class I area (Brigantine in New Jersey’s case) to ensure
that the SO 2 , NO 2 , PM10, and PM2.5 Class I increments are not violated. N ew Jersey’s delegated PSD program also prevents these sources from significantly impacting visibility. The PSD program requires the evaluat ion of the new source's visibility impact on any nearby Class I

areas. Guidance on conducting the visibility analys is is available in the Federal Land Managers’ Air Quality Related Values Work Group (FLAG) Phase 1 Report

– Revised (2 0 10).

7. Conclusion

Th is SIP revision contains the required elements of 42 U.S.C. § 7410(a)(1) and (2) ( CAA § 110(a)(1 ) and (2)) . It also addresses the following items conditionally approved or disapproved

in the USEPA’s June 14, 2013 final r ule concerning New Jersey’s Infrastructure SIP 31

.

• PSD (Sections C, J) : By being delegated to implement the USEPA’s PSD program, New Jersey me ets the federal PSD permitting requirements

.

• Emergency Episodes (Section G): By updating and publishing the criteria for emergency episodes in Appendix I, New Jersey is meeting the contingency plan portion of the Clean Air Act § 110(a)(2) (G) element concerning emergency powers and adequate contingency plans

.

• Conflict of Interest (Section E(ii)): By providing as part of this SIP, those applicable

sections of the New Jersey’s Conflicts of Interest Law at N.J.S.A. 52:13D

- 14 and

52:13D

- 16

, New Jersey is satisfying the Clean Air Act § 110(a)(2) (E(ii ) ).

• Delegation of Authority (Section E(iii)): By providing as part of this SIP, a location where a listing of the current participants in the County Environmental Health Act (CEHA) program can be obtained, and by including a copy of CEHA and a typical agreement between the State and CEHA delegated agencies, New Jersey is satisfying the Clean Air Act § 110(a)(2) (E(iii ) ).

Through this SIP revision, inclusive of New Jersey’s APCA as reflected in Appendix A and regulations as listed in Appendix B , the State of New Jersey demonstrates that it has the authority and regulatory program necessary to meet the Clean Air Act infrastructure and transport requirements for all pollutants having an established NAAQS

. N ew Jersey also

demonstrates that it has addressed the interstate transport of air pollutants by developing effective air pollution control rules, containing enforceable emission limitations, to address a ll significant air pollution sources.

31 78 Fed. Reg. 35764 (June 14, 2013)34