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

PM2.5 and PM10

Carbon Monoxide

National Ambient Air Quality Standards

and Regional Haze

September 2014
i

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 NAAQS 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) Citations and General 

Requirements..................................................................................................1

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

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 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 ................ 10
iii

List of Appendices

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 Rules Adopted Pursuant to the Air Pollution Control Act and 

included in New Jersey SIPs. (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.)

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

Appendix D - Copy of a sample Memorandum of Understanding developed between the State of 

New Jersey and a county or local government entity under the County Environmental Health 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 Legislature’s website at 

http://www.njleg.state.nj.us/. The Department has an unofficial 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 transport 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 Concerning Section 110 Requirements for 

All NAAQS and Visibility
iv

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-Specific Emission Limits

HEDD High Electric Demand Day

I/M Inspection and Maintenance

IMPROVE Interagency Monitoring of Protected Visual Environments

km kilometer

lb/mmBTU Pounds per million British Thermal Units

LADCO Lake Michigan Area Directors Consortium

μg/m3 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

NO2 Nitrogen Dioxide

NOx Oxides of Nitrogen

NSR New Source Review

NNSR Non-attainment New Source Review

O3 Ozone

OBD On-board Diagnostics

OTC Ozone Transport Commission

Pb Lead

PM Particulate Matter

PM10 Coarse Particulate Matter

PM2.5 Fine Particulate Matter

ppb Parts per billion

ppm Parts per million

PSD Prevention of Significant Deterioration

RACT Reasonably Available Control Technology

RAVI Reasonably Attributable Visibility Impairment

SHL Significant Harm Level

SIL Significant Increment Level
v

SIP State Implementation Plan

SOTA State of the Art

SMC Significant Monitoring Concentration

SO2 Sulfur Dioxide

SOx 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 Compounds
1

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, International 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 For 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

Rather than revising the SIP at this time to only address those pollutants for which the 

USEPA has recently revised a NAAQS, 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 this will simplify and facilitate New Jersey’s 

future submittals of infrastructure SIP revisions, as the State will only need to certify, where 

applicable, that no changes to its authority have occurred since the last submittal of an 

infrastructure 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 (NO2), ozone, particulate matter (PM2.5 and PM10) and sulfur dioxide (SO2). 

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

occurred) trigger the Clean Air Act’s infrastructure SIP revision requirements for the State.
2

 In this infrastructure 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 addresses the infrastructure requirements for interstate transport or the “good neighbor” 

provisions and the regional haze aspects of the Clean Air Act. 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. Introduction

The Clean Air Act requires the USEPA to periodically establish and revise health standards 

for air pollutants, known as National Ambient Air Quality Standards, or NAAQS. When the 

USEPA establishes or revises any NAAQS, the Clean Air Act requires a state to submit to the 

USEPA a SIP revision indicating that the state 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 USEPA. These elements comprise what is commonly referred to as an 

“infrastructure 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 (regional 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 the 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/m3 1978 Quarterly Average Attaining Attainment

0.15 μg/m3 2008 Rolling 3-Month 

Average Attaining UnclassifiableAttainment

NO2

53 ppb 1971 Annual Attaining Attainment

100 ppb and 

New monitors 2010 1-hour Likely to Attain

UnclassifiableAttainment

PM10 150 μg/m3 1987 24-hour Attaining Attainment

PM2.5

15.0 μg/m3 1997 Annual Attaining Attainment 

35 μg/m3 2006 24-hour Attaining Attainment

12 μg/m3 2012 Annual Attaining Not yet designated

Ozone

0.12 ppm 1979 1-hour Attaining

Standard 

revoked/Clean Data 

Determination

0.08 ppm 1997 8-hour Attaining

Non-attainment / 

Clean Data 

Determination

0.075 ppm 2008 8-hour Not Attaining Non-attainment

SO2

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 State

Regional 

Haze Visibility 1990/ 1999 NA Likely to meet2018 goal

July 2009, July 2014 

Progress Report due
5

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 lead (Pb), 

sulfur dioxide (SO2), nitrogen dioxide (NO2), fine and coarse particulate (PM2.5 and PM10), 

carbon monoxide (CO) and ozone (O3) and the Clean Air Act visibility (Regional Haze)

requirements.

In this SIP revision, the 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 pollution 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 issued 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, 2009. This revision increased the stringency of the standard from 1.5 micrograms per 

cubic meter (μg/m3) to 0.15 μg/m3. 

Nitrogen Dioxide (NO2): On February 9, 2010, the USEPA revised the 1-hour primary 

standard for NO2 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.

PM2.5 and PM10: On October 17, 2006, the USEPA revised the primary and secondary 

24-hour PM2.5 standard from 65 μg/m3 to 35 μg/m3. It also retained the annual PM2.5

standard of 15 μg/m3 and a primary and secondary 24-hour PM10 standard of 150 μg/m3

. 

The USEPA finalized changes to the annual PM2.5 NAAQS on January 15, 2013 (78 

Fed. Reg. 3086, January 15, 2013), revising the annual PM2.5 standard by lowering the 

level to 12.0 μg/m3

, but retaining the 24-hour standard at a level of 35 μg/m3 and 

generally retaining the current suite of secondary standards. This SIP revision also 

applies to any changes of the annual PM2.5 NAAQS, as it also satisfies the Clean Air Act

requirements for these latest revisions to the annual PM2.5 NAAQS.

Sulfur Dioxide (SO2): On June 22, 2010, the USEPA revised the 1-hour primary 

standard of 75 ppb for SO2 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/m3 lead NAAQS in addition to the guidance set forth in the preamble to the proposed 

and final rules for the revised NAAQS.1,2,3 The Department used the 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 

Standards, September 13, 2013. The Department has provided hyperlinks to all USEPA 

guidance materials referred to within this SIP at Appendix G and has posted copies on its 

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

2. Infrastructure Elements Currently Included in New Jersey’s SIP

On February 25, 2008, New Jersey submitted infrastructure SIP revisions to the USEPA 

for the 1997 85 ppb ozone NAAQS and the 1997 15 μg/m3 annual PM2.5 NAAQS. On January 

15, 2010, New Jersey submitted Infrastructure SIP revisions to the USEPA for the 2006 35 

μg/m3 24-hour PM2.5 NAAQS. On June 14, 2013, the USEPA published final approval for 

most elements of these infrastructure SIP revisions.

4

 

When the USEPA revised the 24-hour PM2.5 NAAQS, its implementation guidance5

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. The State had recently addressed these 

requirements for the annual PM2.5 NAAQS. Accordingly, on January 15, 2010, New Jersey 

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

and PM2.5 NAAQS, including a response to the USEPA’s 2008 findings for the annual PM2.5

NAAQS.

In its June 14, 2013 final rule, the USEPA disapproved the State’s Infrastructure SIP for 

the following Clean Air Act requirements: CAA Sections 110(a)(2)(C) (for the Prevention of 

Significant Deterioration (PSD) portion only), (D)(i)(II), (D)(ii) and (J). The USEPA 

conditionally approved 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 (PM2.5) 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 correct the deficiencies and submit

them to the USEPA by June, 2014. This SIP revision addresses these findings.

3. Statement of New Jersey’s General Authority

The New Jersey 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 programs 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 PM2.5 and 

PM10.

6,7

4. Specific Authority of the State of New Jersey

The State’s 2008 infrastructure SIP revision reflects the specific regulatory authorities to

address the 1997 8-hour ozone standard (85 ppb) and the 1997 annual PM2.5 standard (15 

μg/m3).8 The State’s 2010 Certification reflects the State’s specific authority to address the 

2006 daily PM2.5 standard (35 μg/m3).

9

 There has been no change to the statutory authorities 

for air quality management in New Jersey since the 2010 certification for particulates or for the 

other pollutants with an established NAAQS. The specific New Jersey authorities set forth in 

Table 2 apply 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 Plan 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 Department 

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 Regulations10,11

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 

International 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-22

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 Official copies of the Department’s rules (codified in the New Jersey Administrative Code (N.J.A.C.)) are 

accessible online 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 online at http://lis.njleg.state.nj.us/
9

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

The Clean Air Act requires a state to address, in its SIPs, specific elements of its

programs to implement, maintain, and enforce NAAQS and Regional Haze. This SIP revision

addresses 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 applicable 

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 limitations 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 certificates 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) Provide 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 available to the 

Administrator;

New Jersey’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 monitoring 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 in 

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) requires 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 

tpy trigger requires BACT-like control on substantially more equipment than required 

at 40 C.F.R. 51.165. 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

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

Appendix B of this SIP lists all New Jersey regulations adopted pursuant to the Air 

Pollution Control Act and included 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 unclassifiable for any criteria pollutant, is constructed, or undergoes a 

major modification13. 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, 18, 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, the EPA redesignated to attainment the 13 New Jersey counties that had been designated 

nonattainment for PM2.5 so that all of New Jersey is now classified in attainment for PM2.5. Since New Jersey does not have any designated nonattainment 

areas for lead, carbon monoxide, coarse particulate matter (PM10), 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. Enck 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 

Section 112 and pollutants subject to regulation only under Section 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 

significantly 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 required 

to be included in 

the applicable 

implementation

plan for any other 

To address interstate transport of air pollutants, 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 actions 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; Vehicle 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 to 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-andrides locations throughout the State, and implementing incident management projects to 

improve traffic mobility. The federal Clean Air Act limits New Jersey’s ability to

control emissions from the mobile source sector.

New Jersey requires all fossil-fuel Electric Generating Units (EGU’s) to meet multipollutant performance standards, including daily oxides of nitrogen (NOx) 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 than, the Clean Air Interstate 

Rule and Mercury and Air Toxics Standards (MATS) for coal-fired EGUs. New 
14

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 NOx performance standards for 14 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 notice 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. 

In accordance 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, which includes PSD permits and NSR 

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 

public health or welfare in a foreign country. 

New Jersey does not border any foreign country and emissions from New Jersey do not 

endanger public health or welfare in any foreign country.

§110(a)(2)(E) Provide

(i) necessary assurances 

that the state (or, except 

States are required to provide assurances 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 their 
16

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 provides the authority to carry out the SIP. N.J.S.A. 

13:1D-9 contains the authority for the Department to prepare, administer and supervise 

Statewide, regional and local programs of conservation and environmental protection

and provides guidance on dedicating 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 under 

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 

head of an executive 

agency with similar 

powers be adequately 

disclosed.”), and

(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 established 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 items of value from any regulated entity 

and from presenting the appearance of a conflict of interest to the public. 

The Department has adopted 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 established 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 implementation 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 regulations 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 penalties, 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 confirms that, where New Jersey has relied on a local or

regional government, agency, or instrumentality for the implementation or enforcement 

of any plan provision, the State 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

installation, maintenance, 

and replacement of 

equipment, and the 

implementation of other 

necessary steps by owners 

or operators of stationary 

sources to monitor 

emissions 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 the requirements of a source’s Title V permit. 

N.J.A.C. 7:27-21 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 the 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 Jersey, 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 reports 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 

endangerment 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 

pollutant 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 suspending 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 

through 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 contained 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 for the other pollutant 

classification schemes14 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 Lead Designation 

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 plans for sulfur dioxide, 

nitrogen dioxide, carbon monoxide, or fine or coarse particulate matter (PM2.5 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 on 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 

available 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 

nonattainment 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 Act19, 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)

Clean Air Act 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 Federal Land Manager in carrying out the Clean 

Air Act requirements. 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 of §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 approval. The State also often consults 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 Environmental 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 effectively 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 State has a standard operating 

procedure by which notifications of all NAAQS exceedances are sent to the news 

media. Additionally, the notifications 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 occurs, 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 lead21 and carbon monoxide, the visibility protection 

requirements referenced in this subsection and contained in Part C of the Clean Air 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). These 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, NO2, or ozone or for the 

readoption of the CO NAAQS. 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, in 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 

standard, and

(ii) The 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 built. (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 the 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. 7:27-22.8.

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 

Jersey 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 been 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

reviewing and acting 

upon any application for 

such a permit, and if 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 political 

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 

before 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 request 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 agencies routinely provide data to the Department 

that is needed for air pollution control planning efforts and the Department consults 

them regarding future air pollution control plans. The Department will continue this 

coordination and consultation concerning transportation-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 standards in another state and, 

therefore, addressed New Jersey’s downwind contributions from New 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 (PM2.5 and PM10) 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 nearby states. For example, New Jersey is reducing oxides of 

nitrogen (NOx) emissions with its NOx RACT rules by an estimated 64 tons per day on High 

Electric Demand Days, starting with the 2015 summer ozone season. New Jersey has also 

reduced NOx emissions from EGU’s and refineries via consent decrees and Administrative 

Consent Orders by an estimated 90% from 2000 to 2011. 

Ozone – Since 1990, New Jersey has reduced its summer NOx emissions by 63% and its 

VOC emissions by about 61%. New Jersey has enforceable performance standards for NOx 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 

emissions of ozone precursors:

- All major facility permits for new sources issued by the Department limit NOx emissions

based on 3-hour or 24-hour averaging times. These shorter averaging times lower NOx

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 NOx during a 

summer day while still meeting an annual or ozone season cap.

- NOx RACT rules include similar short-term emission limits for existing sources of NOx , 

including all existing coal, oil and gas-fired EGU’s. 

- New and modified major facilities are subject to more stringent NOx emission limits than 

RACT to meet federal and state new source review (NSR) requirements. Such major 

new equipment must achieve the lowest achievable emission rates.

- Advances in the art of air pollution control for significant equipment at minor facilities

must be applied to new VOC and NOx sources of air pollution, including domes on new

gasoline storage tanks.

- The NOx RACT and NSR requirements in New Jersey more effectively 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 facilities 
30

must meet daily NOx 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 emission trading programs that allow the averaging of NOx 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. 

- Unlike other states that significantly impact New Jersey’s air quality, New Jersey power 

plants cannot turn off their NOx pollution controls and use excess CAIR NOx allowances

to meet emission limits. 

- New Jersey’s NOx RACT performance standards require advanced NOx emission 

controls for EGU’s that operate on high energy demand days (HEDD) . The HEDD 

units in New Jersey typically are fueled with gas or oil.

- New Jersey has a statewide motor vehicle Inspection and Maintenance program that 

ensures New Jersey’s motor vehicles operate with acceptable levels of emissions.

- New Jersey has adopted the motor vehicle emission standards 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 adopted New Jersey’s NOx RACT rules 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 SO2 emissions by use of scrubbers that comply with the adopted SO2

RACT rules, including short-term SO2 emission limits enforced with SO2 continuous 

emission monitors. 

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

emissions scrubbers and are subject to short-term SO2 emission limitations.

- SO2 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 reduced SO2 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 SO2 NAAQS in Warren County, NJ and its vicinity.

New Jersey’s air rules and its success in reducing transport of SO2 from upwind states will result 

in compliance with the one-hour SO2 National Ambient Air Quality Standard statewide in 2014. 

These measures will also ensure that no New Jersey facility will cause an SO2 violation in any 

other state.
31

When USEPA issues guidance or rules for modeling SO2 sources, the Department will conduct 

any modeling or take any necessary steps that are required. New Jersey’s operating permit 

program ensures compliance with the one-hour SO2 NAAQS, based on authority 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. 

New Jersey has recommended to the USEPA 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 determined 

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 measures.

- Baghouse controls for particulate emissions are installed on all 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 solid and liquid 

particles. The SO2 and NOx 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 emissions 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 implemented.

Criteria Pollutants not significantly transported between States

Carbon Monoxide (CO) – Carbon 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 on 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 (NO2) - Localized high concentrations of nitrogen dioxide do not generally

occur as a result of transported emissions from out of state. Emission 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. 

The USEPA recognized that most ambient exposures to peak nitrogen dioxide concentrations are 

associated with roadways and so stated in its 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/dep/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.htm
32

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 onroad mobile source pollutants (including NOx) 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 discussed 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 

state.

27,28 There 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. 

The 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 Combined Statistical Areas). 

New Jersey has control measures and enforceable emission limits in place to address its lead 

sources. With these actions, New Jersey is adequately addressing impacts to other states. 

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 emissions activity within the State from 

 25 Near-Road NO2 Monitoring Technical Assistance Document, U.S. Environmental Protection Agency, June 2012, 

EPA-454/B-12-002, available at http://www.epa.gov/ttn/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 NO2 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 Jersey’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 SO2, NO2, PM10, and PM2.5 Class I increments are not violated. New Jersey’s 

delegated PSD program also prevents these sources from significantly impacting visibility. The 

PSD program requires the evaluation of the new source's visibility impact on any nearby Class I 

areas. Guidance on conducting the visibility analysis is available in the Federal Land Managers’ 

Air Quality Related Values Work Group (FLAG) Phase 1 Report – Revised (2010).

7. Conclusion

This 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 rule concerning New Jersey’s Infrastructure SIP31.

• PSD (Sections C, J): By being delegated to implement the USEPA’s PSD program, New 

Jersey meets 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. New 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 all 

significant air pollution sources.

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