II

- 1 Appendix I I

Histor ical Summary of New Jersey’s PM 2.5 State Implementation Plan s

A summary of New Jersey’s PM 2.5 Status, SIPs, NJDEP letters to USEPA, USEPA approvals and USEPA determinations of attainment include the following:

• Annual 15 μg/m 3 NAAQS prom ulgation on July 18, 1997

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

• Daily 35 μg/m 3 NAAQS promulgation on October 16, 2006

• Transport SIP Letter to USEPA dated December 22, 2006

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

• PM 2.5 Infrastructure SIP for annual 15 μg/m 3 standard dated February 25, 2008

• PM 2.5 Attainment Demonstration submitted March 26, 2009

• PM 2.5 Infrastructure Certification for daily 35 μg/m 3 standard dated Janu ary 15, 2010

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

NNJ

- NY

- CT nonattainment area for the 1997 annual PM 2.5 NAAQS dated November 15,

2010

• NJDEP request to the USEPA for a determination that the NNJ

- NY

- CT PM 2.5 nonattainment area had attained the 35 μg/m 3 daily PM 2.5 NAAQS and that the SNJ

Phila. n onattainment area had attained both the 35 μg/m 3 daily and the 15 μg/m 3 annual

PM 2.5 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 PM 2.5 NAAQS dated May 16 , 2012

• Proposed USEPA Determination s of Attainment of the 2006 Fine Particle Standard for

the 35 μg/m 3 daily PM 2.5 NAAQS dated August 30, 2012 and Oc tober 2, 2012

• Annual 1 2 μg/m 3 NAAQS promulgation on December 14, 2012

A more detailed summary of the history of New Jersey’s PM 2.5 SIP revisions is discussed below:

PM 2.5 Infrastructure SIP for Annual 15 μg/m 3 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

maintenanc e o f 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 Jers ey 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 PM 2.5 Annual 15 μg/m 3 N ational Ambient Air Quality Standard (NAAQS).

On October 22, 2008 1 , the USEPA published a “finding of failure to submit specifi c 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 62902II

- 2 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/m 3

NAAQS ( discussed below ).

PM 2.5 Attainment Demonstration SIP for Annual 15 μg/m 3 NAAQS

On March 26 , 2009, New Jersey submitt ed a PM 2.5 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 PM 2.5 NAAQS by their attainment date o f 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 t he 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

.

PM 2.5 Infrastructure Certification for Daily 35 μg/m 3 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/m 3

NAAQS

. On January 26, 2011 2 , 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 th e remaining elements of the certification as of the
date of this SIP.

USEPA Determination of Attainment of the 1997 Annual 15 μg/m 3 PM 2.5 NAAQS for New
Jersey’s Northern Nonattainment Area

On August 2, 2010 3 , the USEPA proposed to issue a determination th at the entire Northern New Jersey

- New York

- Connecticut PM 2.5 nonattainment area met the 1997 annual PM 2.5 NAAQS. The USEPA finalized this decision on November 15, 2010 4

. 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 PM 2.5 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 attainm ent demonstration, associated RACM

, RFP, contingency measures, and other planning SIPs related to attainment of the 1997 PM 2.5 NAAQS for so long as the area

continues to attain the 1997 PM 2.5 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 PM 2.5 nonattainment area had attained the 2006 daily 35 μg/m 3 PM 2.5 NAAQS and that the Southern New Jersey

- Philadelphia

2 76 FR 4579

3 75 FR 45076

4 75 FR 69589II

- 3 Nonattainment area had attained both the daily 35 μg/m 3 and annual 15 μg/m 3 PM 2.5 NAAQS. If approved by the USEPA, this determination will suspend the requirements for th ese area s to submit an attainment demonstration, associated RACM

, RFP, contingency measures, and other planning SIPs related to attainment of the PM 2.5 NAAQS for so long as the area s conti nue to
attain the PM 2.5 NAAQS.

USEPA Determination of Attainment of the 1997 Annual 15 μ g/m 3 PM 2.5 NAAQS for New Jersey’s Southern Nonattainment Area

On January 23, 201 2, the USEPA proposed to determine the air quality in the Southern New Jersey

- Philadelphia

- Wilmington fine particle (PM 2.5 ) nonattainment area is meeting the annual 15 μg/m 3 PM 2.5 NAAQS

. The USEPA finalized this decision on May 16, 2012. 5 This

determina tion was based upon quality assured, quality controlled and certified ambient air monitoring data that showed the area had monitored attainment of the 1997 PM 2.5 NAAQS for

the 2007

– 2009 and 2008

- 2010 monitoring period s

.

This final action, in accordance w ith 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 PM 2.5 NAAQS for so long as the area

continues to at tain the 1997 PM 2.5 NAAQS.

USEPA Determination of Attainment of the 2006 Daily 35 μg/m 3 PM 2.5 NAAQS

The USEPA proposed clean data determinations for the NNJ

- NY

- CT and SNJ

- Phila. nonattainment areas on August 30, 2012 6 and October 2, 2012, 7 respectively

.

5 77 FR 28782

6 77 FR 52626 (August 30, 2012)

7 77 FR 60089 (October 2, 2012)