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Appendix II

Historical Summary of New Jersey’s PM2.5 State Implementation Plans

A summary of New Jersey’s PM2.5 Status, SIPs, NJDEP letters to USEPA, USEPA approvals 

and USEPA determinations of attainment include the following:

• Annual 15 μg/m3 NAAQS promulgation on July 18, 1997 

• NJ counties designated nonattainment for annual standard on January 5, 2005 

• Daily 35 μg/m3 NAAQS promulgation on October 16, 2006 

• Transport SIP Letter to USEPA dated December 22, 2006

• NJ counties designated nonattainment for daily standard on November 13, 2009 

• PM2.5 Infrastructure SIP for annual 15 μg/m3 standard dated February 25, 2008

• PM2.5 Attainment Demonstration submitted March 26, 2009

• PM2.5 Infrastructure Certification for daily 35 μg/m3 standard dated January 15, 2010

• Final USEPA Determination of Attainment of the 1997 Fine Particle Standard for the 

NNJ-NY-CT nonattainment area for the 1997 annual PM2.5 NAAQS dated November 15, 

2010

• NJDEP request to the USEPA for a determination that the NNJ-NY-CT PM2.5

nonattainment area had attained the 35 μg/m3 daily PM2.5 NAAQS and that the SNJPhila. nonattainment area had attained both the 35 μg/m3 daily and the 15 μg/m3 annual 

PM2.5 NAAQS dated October 5, 2011

• Final USEPA Determination of Attainment of the 1997 Fine Particle Standard for the 

SNJ-Phila. nonattainment area for the 1997 annual PM2.5 NAAQS dated May 16, 2012

• Proposed USEPA Determinations of Attainment of the 2006 Fine Particle Standard for 

the 35 μg/m3 daily PM2.5 NAAQS dated August 30, 2012 and October 2, 2012

• Annual 12 μg/m3 NAAQS promulgation on December 14, 2012

A more detailed summary of the history of New Jersey’s PM2.5 SIP revisions is discussed below:

PM2.5 Infrastructure SIP for Annual 15 μg/m3 NAAQS

Section 110(a)(2) of the Clean Air Act (CAA) contains general requirements for nonattainment 

plans and lists the required elements that a state needs to demonstrate its authority to develop, 

implement, and enforce an air quality management program that provides for attainment and 

maintenance of the NAAQS. These elements include, but are not limited to, air quality 

monitoring, data analysis, and reporting; enforcement; resources; consultation; emergency 

procedures; and reductions in transported air pollution.

On December 22, 2006 New Jersey submitted a letter to the United States Environmental 

Protection Agency (USEPA) addressing the Transport portion of the CAA at Section 

110(a)(2)D. On February 25, 2008, New Jersey submitted an Infrastructure State 

Implementation Plan (SIP) revision to the USEPA addressing the remaining requirements under 

Section 110(a)(1) and (2) of the CAA for the 1997 PM2.5 Annual 15 μg/m3 National Ambient Air 

Quality Standard (NAAQS).

On October 22, 20081

, the USEPA published a “finding of failure to submit specific elements” for 

this SIP, based on the status of New Jersey’s Prevention of Significant Deterioration (PSD) 

rules and New Jersey’s Emergency Action Plan status. The finding also concluded that the 

 1 73 FR 62902
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PSD program is addressed by a Federal Implementation Plan (FIP). New Jersey addressed the 

Emergency Action Plan in its January 15, 2010 Infrastructure Certification for the daily 35 μg/m3

NAAQS (discussed below).

PM2.5 Attainment Demonstration SIP for Annual 15 μg/m3 NAAQS

On March 26, 2009, New Jersey submitted a PM2.5 Attainment Demonstration SIP to the 

USEPA. The purpose of this SIP was to demonstrate how the State’s two shared multi-state 

nonattainment areas would come into attainment with the 1997 health-based annual PM2.5

NAAQS by their attainment date of April 5, 2010. The SIP also addressed CAA requirements 

for reasonably available control measures (RACM), reasonable further progress (RFP) and 

reasonably available control technology (RACT) demonstrations. New Jersey provided 

technical supplements to the attainment plan on December 17, 2009 and June 29, 2010 that 

provided additional information regarding the emission inventories, control measures, and 

contingency measures in the State’s attainment plan. The USEPA has not taken action on

approval of the attainment demonstration as of December 1, 2012.

PM2.5 Infrastructure Certification for Daily 35 μg/m3 NAAQS

On January 15, 2010, New Jersey submitted an infrastructure certification to the USEPA

addressing the requirements under Section 110(a)(1) and (2) of the CAA for the daily 35 μg/m3

NAAQS. On January 26, 20112

, the USEPA issued a proposed disapproval of the transport 

section of this certification at Section 110(a)(2)D, pending promulgation of USEPA’s CSAPR 

rule. The USEPA has not taken action on the remaining elements of the certification as of the

date of this SIP.

USEPA Determination of Attainment of the 1997 Annual 15 μg/m3 PM2.5 NAAQS for New 

Jersey’s Northern Nonattainment Area

On August 2, 20103, the USEPA proposed to issue a determination that the entire Northern New 

Jersey-New York-Connecticut PM2.5 nonattainment area met the 1997 annual PM2.5 NAAQS. 

The USEPA finalized this decision on November 15, 20104

. This determination was based 

upon quality assured, quality controlled and certified ambient air monitoring data that showed 

the area had monitored attainment of the 1997 PM2.5 NAAQS for the 2007–2009 monitoring 

period. 

This final action, in accordance with 40 CFR 51.1004(c), suspended the requirements for this 

area to submit an attainment demonstration, associated RACM, RFP, contingency measures, 

and other planning SIPs related to attainment of the 1997 PM2.5 NAAQS for so long as the area 

continues to attain the 1997 PM2.5 NAAQS.

2011 Clean Data Determination Request

On October 5, 2011, New Jersey submitted a letter requesting that the USEPA determine that 

the Northern New Jersey-New York-Connecticut PM2.5 nonattainment area had attained the 

2006 daily 35 μg/m3 PM2.5 NAAQS and that the Southern New Jersey-Philadelphia

 2 76 FR 4579

3 75 FR 45076

4 75 FR 69589
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Nonattainment area had attained both the daily 35 μg/m3 and annual 15 μg/m3 PM2.5 NAAQS. If 

approved by the USEPA, this determination will suspend the requirements for these areas to 

submit an attainment demonstration, associated RACM, RFP, contingency measures, and other

planning SIPs related to attainment of the PM2.5 NAAQS for so long as the areas continue to 

attain the PM2.5 NAAQS.

USEPA Determination of Attainment of the 1997 Annual 15 μg/m3 PM2.5 NAAQS for New 

Jersey’s Southern Nonattainment Area

On January 23, 2012, the USEPA proposed to determine the air quality in the Southern New 

Jersey- Philadelphia-Wilmington fine particle (PM2.5) nonattainment area is meeting the annual

15 μg/m3 PM2.5 NAAQS. The USEPA finalized this decision on May 16, 2012.5

 This 

determination was based upon quality assured, quality controlled and certified ambient air 

monitoring data that showed the area had monitored attainment of the 1997 PM2.5 NAAQS for 

the 2007–2009 and 2008-2010 monitoring periods. 

This final action, in accordance with 40 CFR 51.1004(c), suspended the requirements for this 

area to submit an attainment demonstration, associated RACM, RFP, contingency measures, 

and other planning SIPs related to attainment of the 1997 PM2.5 NAAQS for so long as the area 

continues to attain the 1997 PM2.5 NAAQS.

USEPA Determination of Attainment of the 2006 Daily 35 μg/m3 PM2.5 NAAQS

The USEPA proposed clean data determinations for the NNJ-NY-CT and SNJ-Phila. 

nonattainment areas on August 30, 20126 and October 2, 2012,7 respectively. 

 5 77 FR 28782

6 77 FR 52626 (August 30, 2012)

7 77 FR 60089 (October 2, 2012)