Approval and Promulgation of State Implementation Plans; New Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air Quality Standards, 56683-56693 [2024-14927]
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Proposed Rules
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ The Pennsylvania Department
of Environmental Protection did not
evaluate environmental justice
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
In addition, this proposed rulemaking
addressing the NOX RACT requirements
for EGUs equipped with SCR at the
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Keystone, Conemaugh, Homer City and
Montour facilities for the 1997 and 2008
Ozone NAAQS, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
State, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–15114 Filed 7–9–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2022–0647, FRL–12038–
01–R2]
Approval and Promulgation of State
Implementation Plans; New Jersey;
Elements of the 2008 and 2015 Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the demonstration portions of the
comprehensive State Implementation
Plan (SIP) revision submitted by New
Jersey that certify that the State has
satisfied the requirements for an
emission statement program, certify that
the State has satisfied the requirements
for an ozone nonattainment new source
review program, certify that the State
has satisfied the requirements for a
nonattainment emission inventory, and
certify that the State has satisfied the
requirements for clean fuels for fleets.
The EPA is also proposing to approve
New Jersey’s reasonable further progress
plans and associated motor vehicle
emission budgets for both the Moderate
and Serious classifications of the 2008
ozone NAAQS. These actions are being
taken in accordance with the
requirements of the Clean Air Act.
DATES: Written comments must be
received on or before August 9, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
SUMMARY:
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56683
R02–OAR–2022–0647 at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Controlled
Unclassified Information (CUI) (formally
referred to as Confidential Business
Information (CBI)) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be CUI or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CUI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New
York, New York 10007–1866, at (212)
637–3378, or by email at
Taveras.Fausto@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents:
I. What did New Jersey submit?
II. Background
III. Summary and Evaluation of New Jersey’s
Ozone Related SIP Elements
a. Emission Inventory
b. Reasonable Further Progress
c. Motor Vehicle Emission Budgets
d. Emission Statement Certification
e. Ozone Nonattainment New Source
Review (NNSR)
f. Clean Fuels for Fleets
IV. EPA’s Proposed Action
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
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I. What did New Jersey submit?
On November 23, 2021, New Jersey
submitted a State implementation plan
(SIP) revision for purposes of addressing
planning elements for the 2008 and
2015 ozone 8-hour National Ambient
Air Quality Standard (NAAQS) for the
New Jersey portion of the New YorkNorthern New Jersey-Long Island (NYNJ-CT) nonattainment area (also referred
to as the New York Metro Area or
NYMA) and the New Jersey portion of
the Philadelphia-Wilmington-Atlantic
City (PA-NJ-MD-DE) nonattainment area
(also referred to as the Philadelphia
area). Within this comprehensive SIP,
the State included its reasonable further
progress plan and motor vehicle
emission budgets for New Jersey’s
portion of the NYMA for the 2008 ozone
Serious classification, certification that
the State has satisfied the requirements
for an ozone nonattainment new source
review (NNSR) program for the 2015
ozone NAAQS in both nonattainment
areas and statewide pursuant to
requirements for States located in the
Ozone Transport Region (OTR),
certification that the statewide NNSR
also satisfies the requirements for the
State’s Serious classification in the
NYMA area for the 2008 Ozone NAAQS,
certification that the State has satisfied
the requirements for a nonattainment
emission inventory for the 2015 ozone
NAAQS in both nonattainment areas,
certification that the State has satisfied
the requirements of an emission
statement program for the 2008 ozone
Serious classification for the NYMA
nonattainment area, and certification
that the State has satisfied the
requirements for clean fuels for fleet for
the NYMA.
In addition, New Jersey also
submitted a comprehensive SIP revision
on January 2, 2018. Within that
submittal, New Jersey included the
reasonable further progress plan and
motor vehicle emission budgets for the
2008 ozone Moderate classification of
the State’s portion of the NYMA.
Planning elements addressed in this
proposal from New Jersey’s
comprehensive January 2, 2018, and
November 23, 2021, SIP submissions
along with the respective ozone NAAQS
classification and nonattainment areas
are outlined in Table 1.
TABLE 1—SIP ELEMENTS ADDRESSED IN NEW JERSEY’S COMPREHENSIVE SIP REVISION SUBMITTED ON JANUARY 2,
2018, AND NOVEMBER 23, 2021
Ozone NAAQS & classification
SIP element
2008 Ozone NAAQS—Moderate
Classification.
Reasonable Further Progress
plan and Motor Vehicle Emission Budgets.
Reasonable Further Progress
plan and Motor Vehicle Emission Budgets.
New Source Review Program
(NNSR) certification.
Certification of the State’s Emission Statement Program.
Clean Fuels for Fleets 1 ..............
2008 Ozone NAAQS—Serious
Classification.
2008 Ozone NAAQS—Serious
Classifications.
2008 Ozone NAAQS—Serious
Classification.
2008 Ozone NAAQS—Serious
Classification.
2015 Ozone NAAQS—Marginal
& Moderate Classifications.
New Source Review Program
(NNSR).
2015 Ozone NAAQS—OTR ........
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2015 Ozone NAAQS—Marginal
& Moderate Classifications.
Nonattainment areas
New Source Review Program
(NNSR).
Nonattainment emission inventory under CAA Section
182(a)(1).
New Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
January 2, 2018.
New Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
November 23, 2021.
New Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
New Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
New Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
New Jersey’s portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) & New
Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
Statewide ..............................................................
November 23, 2021.
New Jersey’s portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) & New
Jersey’s portion of the New York-Northern
New Jersey-Long Island (NY-NJ-CT).
November 23, 2021.
New Jersey’s comprehensive
November 23, 2021, SIP submission also
addressed the requirement for
Reasonably Available Control
Technology (RACT) 2 for the 2008 8hour ozone National Ambient Air
Quality Standard (NAAQS or standard)
in New Jersey’s portion of the New
York-Northern New Jersey-Long Island
(NY-NJ-CT) nonattainment area for the
Serious classification. The November
2021 submittal addressed New Jersey’s
requirement for Moderate area RACT for
the 2015 NAAQS in the NYMA and the
requirements for RACT for the 2015
ozone NAAQS throughout the entire
State for New Jersey’s obligation to meet
RACT within the Ozone Transport
Region (OTR). The EPA will address
New Jersey’s RACT certifications
outlined within the State’s November
23, 2021, SIP submission in a separate
rulemaking action.
1 In New Jersey’s November 23, 2021, SIP
Submission, the State also certified its Enhanced
Motor Vehicle Inspection and Maintenance (I/M)
Program for the 2008 Ozone NAAQS Serious
classification. New Jersey’s certification for its
Enhanced Motor Vehicle I/M Program for the
Serious classification for the 2008 Ozone NAAQS
will be addressed under a separate future
rulemaking and is not addressed within this
proposal.
2 The EPA has defined RACT as the lowest
emission limitation that a particular source is
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II. Background
In 2008, EPA revised the health-based
NAAQS for ozone, setting it at 0.075
parts per million (ppm), or 75 parts per
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November 23, 2021.
November 23, 2021.
November 23, 2021.
November 23, 2021.
billion (ppb), averaged over an 8-hour
time frame. See 73 FR 16436 (March 27,
2008). The EPA determined that the
revised 8-hour standard would be more
protective of human health, especially
with regard to children and adults who
are active outdoors and individuals with
a pre-existing respiratory disease such
as asthma. See id.
On May 21, 2012, the EPA published
in the Federal Register its final
attainment/nonattainment designations
for areas across the country with respect
to the 2008 8-hour ozone standard. See
capable of meeting by the application of control
technology that is reasonably available considering
technological and economic feasibility (44 FR
53762, September 17, 1979).
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77 FR 30088. This action became
effective on July 20, 2012. Within that
action, the entire State of New Jersey
was designated as Marginal
nonattainment for the 2008 8-hour
ozone standard since both portions of
the State reside in either the New YorkNorthern New Jersey-Long Island, NYNJ-CT nonattainment area, also referred
to as the New York Metropolitan Area
(NYMA), and the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE nonattainment areas.3 The New
Jersey portion of the NYMA, is
composed of Bergen, Essex, Hudson,
Hunterdon, Middlesex, Monmouth,
Morris, Passaic, Somerset, Sussex,
Union and Warren Counties. On May 4,
2016, the EPA determined that the
NYMA nonattainment area did not
attain the 2008 ozone standard by the
July 20, 2015, attainment date and was
reclassified from a Marginal to a
Moderate nonattainment area. See 81 FR
26697. State implementation plans for
Moderate nonattainment areas were due
by January 1, 2017. See id. Since the
NYMA was reclassified to a Moderate
nonattainment area, New Jersey, on
January 2, 2018, submitted a
comprehensive SIP revision, including
an attainment demonstration and
reasonable further progress plan among
other required SIP elements related to
the 2008 8-hour ozone standard for the
Moderate classification. Subsequently,
the NYMA nonattainment area also
failed to meet the Moderate July 20,
2018, attainment date. Therefore, on
August 23, 2019, EPA published a final
rule that reclassified the NYMA, and
other States’ nonattainment areas, from
Moderate to Serious for the 2008 ozone
standard. See 84 FR 44238. Since the
NYMA was reclassified to a Serious
nonattainment area, New Jersey, on
November 23, 2021, submitted a
comprehensive SIP revision, including
an attainment demonstration and
reasonable further progress plan among
other required SIP elements, relating to
the 2008 8-hour ozone standard for the
Serious classification. Because the
NYMA nonattainment area also failed to
meet the Serious area July 20, 2021,
attainment date, the EPA published a
final rule that reclassified the NYMA,
along with other States’ nonattainment
areas, from Serious to Severe. See 87 FR
3 On November 2nd, 2017, the EPA determined
that the Philadelphia area attained the 2008 ozone
standard by the July 20, 2016 one-year extension
attainment date. See 82 FR 50814. However, EPA’s
determination of attainment does not constitute a
redesignation to attainment. Redesignation requires
States to meet an additional statutory criterion,
including the EPA approval of a State plan
demonstrating maintenance of the air quality for 10
years after redesignation. (81 FR 26697 at 28701;
May 4, 2016).
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60926 (October 7, 2022). This
reclassification to Severe resulted in a
revised attainment date for the NYMA
of July 20, 2027. See id. A SIP submittal
to address requirements associated with
the Severe classification was due on
May 7, 2024. See id.
Regarding the 2015 ozone NAAQS, on
June 4, 2018, EPA published a final rule
establishing designations and
classifications for this standard for most
areas of the country, including New
Jersey. See 83 FR 25776 (June 4, 2018).
This final rule created a Moderate
nonattainment area within the NYMA
which includes, within New Jersey,
Bergen, Essex, Hudson, Hunterdon,
Middlesex, Monmouth, Morris, Passaic,
Somerset, Sussex, Union and Warren
Counties.4 Additionally, on December 6,
2018, EPA published a final rule
outlining requirements for States to
follow as they implement the 2015
ozone NAAQS (2015 Ozone
Implementation Rule). See 83 FR 62998
(December 6, 2018). The rule contains
RACT and NNSR requirements similar
to those outlined within the 2008 Ozone
Implementation Rule.
Regarding NNSR, the minimum SIP
requirements for NNSR permitting
programs for the 2008 and the 2015
ozone NAAQS are located in 40 CFR
51.165. These NNSR program
requirements include those promulgated
in the ‘‘Phase 2 Rule’’ implementing the
1997 8-hour ozone NAAQS and the
2008 Ozone Implementation Rule. See
70 FR 71612 (November 29, 2005).
Additionally, although the 2015 Ozone
Implementation Rule included a
provision to explicitly allow for interpollutant trading for meeting the
emissions offset requirement for ozone,
this provision was subsequently
vacated.5 Under the Phase 2 Rule, the
SIP for each ozone nonattainment area
must contain NNSR provisions that:
• Set major source thresholds for
nitrogen oxides (NOX) and volatile
organic compounds (VOCs) pursuant to
40 CFR 51.165(a)(1)(iv)(A)(1)(i) through
(iv) and (a)(1)(iv)(A)(2);
• Classify physical changes at a major
source if the change would constitute a
major source by itself pursuant to 40
CFR 51.165(a)(1)(iv)(A)(3);
• Consider any significant net
emissions increase of NOX as a
significant net emissions increase for
ozone pursuant to 40 CFR
51.165(a)(1)(v)(E);
4 The counties included in the New Jersey portion
of the NYMA are consistent between the 2008 and
2015 Ozone NAAQS. See https://www.epa.gov/
green-book.
5 Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir.
2021).
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• Consider increases of VOC
emissions in extreme ozone
nonattainment areas as significant net
emissions increases and major
modifications for ozone pursuant to 40
CFR 51.165(a)(1)(v)(F);
• Set significant emissions rates for
VOC and NOX as ozone precursors
pursuant to 40 CFR 51.165(a)(1)(x)(A)
through (C) and (E);
• Contain provisions for emissions
reductions credits pursuant to 40 CFR
51.165(a)(3)(ii)(C)(1) and (2);
• Provide that the requirements
applicable to VOC also apply to NOX
pursuant to 40 CFR 51.165(a)(8); and
• Set offset ratios for VOC and NOX
pursuant to 40 CFR 51.165(a)(9)(i)
through (iii) (renumbered as (a)(9)(ii)
through (iv) under the 2008 Ozone
Implementation Rule).
Additionally, pursuant to the 2008
Ozone Implementation Rule, areas
designated as nonattainment for that
standard that also remain designated as
nonattainment for the 1997 ozone
standard must satisfy the antibacksliding requirements of 40 CFR
51.1105.
III. Summary and Evaluation of New
Jersey’s Ozone Related SIP Elements
As discussed in section I, New
Jersey’s January 2, 2018, and November
23, 2021 SIP submissions include
certifications and planning elements as
part of the State’s comprehensive
attainment demonstrations for the
Moderate and Serious classifications of
the NYMA for the 2008 Ozone NAAQS.
These included reasonable further
progress plan and motor vehicle
emission budgets for the 2008 Moderate
and Serious ozone NAAQS
classifications, a certification for an
ozone NNSR program for the 2008 and
2015 Ozone NAAQS, a certification for
an emission statement program for the
2008 Ozone NAAQS, a nonattainment
emission inventory for the 2015 ozone
NAAQS, and a certification that the
State has satisfied the requirements for
clean fuels for fleets for the 2008 Ozone
NAAQS.
a. Emission Inventory
CAA Sections 172(c)(3) and 182(a)(1)
require States to develop and submit, as
a SIP revision, ‘‘base year’’ emission
inventories for all areas designated as
nonattainment for an Ozone NAAQS,
which shall include a ‘‘comprehensive,
accurate, current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in such
area . . .’’ Emission inventories are
used to develop and assess new control
strategies that the States may use in
attainment demonstration SIPs for the
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Ozone NAAQS and other relevant
criteria pollutant standards. CAA
Section 182(a)(3)(A) requires the
periodic submission of emission
inventories for SIP planning purposes
until the nonattainment area is
redesignated to attainment. 40 CFR
51.1315(a) also requires that the year
selected for the base year emission
inventory for the 2015 ozone NAAQS be
consistent with the baseline year for the
RFP plan as required by 40 CFR
51.1310(b). The regulation at 40 CFR
51.1310(b) States that the baseline
emissions inventory can be the emission
inventory for the most recent calendar
year for which a complete triennial
inventory is required to be submitted to
the EPA under the provisions of subpart
A of 40 CFR part 51, Air Emissions
Reporting Requirements, 40 CFR 51.1
through 50. For the 2015 ozone NAAQS,
the EPA’s December 6, 2018,
implementation rule recommended
2017 as a baseline year from which
emission reductions used to meet RFP
requirements are calculated. See 83 FR
62998.
On November 23, 2021, NJDEP
submitted a SIP revision for the 2008
Ozone NAAQS that included the 2017
calendar year periodic ozone precursor
emission inventory pollutants, VOC and
NOX, for the New Jersey portions of the
NY-NJ-CT (NYMA) and PA-NJ-MD-DE
(Philadelphia) ozone nonattainment
areas. New Jersey’s 2017 Periodic
Emissions Inventory for the 2008 Ozone
NAAQS also serves as the baseline
emission inventory for the 2015 Ozone
NAAQS, pursuant to CAA Section
182(a)(1), for both the Northern New
Jersey and Southern New Jersey ozone
nonattainment areas. In accordance with
40 CFR 51.1315(a), New Jersey’s 2017
Emission Inventory also serves as the
base year inventory for RFP of both the
NYMA and Philadelphia nonattainment
areas for the 2015 Ozone NAAQS. New
Jersey’s emission inventory includes
both annual and typical summer day
point, area, non-road, on-road, biogenic,
and wildfire and prescribed fire
emission estimates. The typical summer
day emissions are also adjusted for
various types of stationary and mobile
source categories based on their activity
level during the summer ozone season.
The ozone emission inventory catalogs
NOX and VOC emissions because these
pollutants are precursors to ozone
formation. New Jersey’s 2017 Emissions
Inventory contains emission estimates
for the all the counties located in both
the New Jersey portion of the New YorkNorthern New Jersey-Long Island NYNJ-CT, 2008 and 2015 ozone
nonattainment areas, and the Southern
New Jersey portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE, 2015 ozone nonattainment area and
contains emission estimates summed
statewide.
The specific details of New Jersey’s
2017 Periodic Emission Inventory as it
relates to the Serious classification of
the 2008 ozone NAAQS for the New
Jersey portion of the NYMA and the
rationale for the EPA’s approval action
is explained in the August 16, 2023,
final rulemaking action. For this
detailed information, the reader is
referred to the EPA’s rulemaking action
approving New Jersey’s 2017 Periodic
Emission Inventory satisfied the
requirements for the 2008 ozone
NAAQS periodic emission inventory
pursuant to CAA Section 182(a)(3)(A).
See 88 FR 55576. In that action, the EPA
determined that New Jersey’s periodic
emission inventory was based on the
most current and accurate information
available to the State at the time it was
being developed. Additionally, the
inventories comprehensively address all
source categories in New Jersey’s
nonattainment areas and were
developed consistent with the relevant
ozone base year emission inventory
reporting requirements based on the
EPA’s guidance. For those reasons, the
EPA approved the 2017 emission
inventories into New Jersey’s SIP as
meeting the requirements of CAA
Section 182(a)(3)(A).
Since we agree that New Jersey’s 2017
emission inventory is consistent with
the ozone base year inventory reporting
requirements based on EPA guidance,
we are now proposing to approve New
Jersey’s 2017 emission inventory as
fully meeting the emission inventory
requirement under sections 182(a)(1)
and 172(c)(3) for the New Jersey
portions of the New York-Northern New
Jersey-Long Island, NY-NJ-CT
nonattainment area, and the
Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE nonattainment area for
the 2015 8-hour ozone NAAQS.6
Table 2 shows the statewide summary
of the 2017 annual emissions for VOC
and NOX. Tables 3 and 4 show the 2017
NOX and VOC typical summer day
emissions by category for the Northern
New Jersey and Southern New Jersey
ozone nonattainment areas. The actual
2017 emission inventory used the
onroad and nonroad models included in
MOVES2014b, which replaced
MOVES2014a in August 2018. On
August 16, 2023, the EPA approved
New Jersey’s 2017 calendar year daily
and annual emission inventories for
NOX and VOC for the Northern New
Jersey and Southern New Jersey ozone
nonattainment areas, which is relevant
to both the 2008 and 2015 ozone
standards. See id.
TABLE 2—STATEWIDE SUMMARY OF 2017 ANNUAL EMISSIONS OF VOC AND NOX
[Tons]
2017 New Jersey State Annual Emissions
Point
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VOC ...................................................
NOX ....................................................
6,809
9,824
6 On November 23, 2021, NJDEP submitted this
2017 emission inventory to serve as the periodic
emission inventory for the 2008 Ozone NAAQS,
and to serve as the RFP base year for the 2015
Ozone NAAQS. However, within the EPA’s
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Area
81,555
23,208
Onroad
28,652
60,681
Nonroad
25,476
40,215
Biogenic
88,238
2,045
previous action on NJ’s 2017 Periodic Emission
Inventory, the EPA inadvertently only approved the
inventory for the 2008 NAAQS, PM2.5, and Regional
Haze, but did not propose to approve it for the 2015
Ozone NAAQS for either of New Jersey’s ozone
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Wildfire and
prescribed
burning
5,690
346
Total
for all
sectors
236,420
136,319
Total
anthropogenic
142,492
133,928
nonattainment areas. See 88 FR 55576. Within this
action we’re proposing to approve that the 2017 PEI
submitted by New Jersey to also serve as the base
year inventory for RFP for the 2015 Ozone NAAQS
for both New Jersey nonattainment areas.
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TABLE 3—NORTHERN NEW JERSEY PORTION OF THE NJ-NY-CT OZONE NONATTAINMENT AREA 2017 EMISSION
INVENTORY OF VOC AND NOX
[Tons per summer day]
Point
sources
County
Area
sources
Onroad
sources
Nonroad
sources
Biogenic
Wildfire and
prescribed
burning
Total
anthropogenic
Total
VOC (tons per summer day)
Bergen ................................................
Essex .................................................
Hudson ...............................................
Hunterdon ..........................................
Middlesex ...........................................
Monmouth ..........................................
Morris .................................................
Passaic ...............................................
Somerset ............................................
Sussex ...............................................
Union ..................................................
Warren ...............................................
2.11
1.06
1.71
0.13
15.89
0.44
0.50
0.77
0.89
0.16
3.23
0.31
23.83
17.97
15.46
4.00
22.32
16.55
14.09
12.15
9.44
3.93
13.89
3.30
9.06
6.11
3.52
1.74
8.23
6.83
5.25
3.98
3.38
1.54
5.06
1.40
7.42
4.76
2.75
1.74
5.41
5.46
4.96
2.59
3.77
1.59
3.20
0.93
4.06
2.39
1.03
10.58
5.82
12.38
14.41
8.36
7.44
17.30
2.00
11.71
0.08
NA
NA
0.04
0.03
0.20
0.07
0.14
0.02
0.15
0.00
0.08
46.56
32.30
24.47
18.23
57.71
41.85
39.30
27.99
24.94
24.66
27.39
17.73
42.42
29.90
23.44
7.60
51.86
29.28
24.81
19.49
17.48
7.21
25.38
5.94
Total in Northern NAA Area .......
27.21
156.93
56.10
44.58
97.48
0.82
383.12
284.82
NOX (tons per summer day)
Bergen ................................................
Essex .................................................
Hudson ...............................................
Hunterdon ..........................................
Middlesex ...........................................
Monmouth ..........................................
Morris .................................................
Passaic ...............................................
Somerset ............................................
Sussex ...............................................
Union ..................................................
Warren ...............................................
2.16
3.74
0.85
1.36
7.02
0.42
0.72
0.15
4.62
0.10
8.20
0.74
2.84
2.26
1.81
0.39
2.55
1.85
1.78
1.25
1.16
0.42
1.49
0.30
15.71
11.56
6.26
5.00
18.72
10.15
10.48
5.37
7.70
1.84
9.57
3.95
10.03
13.99
17.89
2.66
8.92
10.54
4.88
3.49
4.18
1.38
5.35
0.91
0.07
0.06
0.03
0.46
0.21
0.41
0.16
0.07
0.27
0.27
0.05
0.30
0.01
NA
NA
0.00
0.00
0.01
0.00
0.01
0.00
0.01
0.00
0.01
30.82
31.61
26.85
9.88
37.43
23.38
18.03
10.34
17.93
4.02
24.67
6.21
30.74
31.55
26.82
9.42
37.21
22.95
17.86
10.26
17.66
3.74
24.62
5.91
Total in Northern NAA Area .......
30.08
18.12
106.31
84.23
2.35
0.06
241.15
238.75
TABLE 4—SOUTHERN NEW JERSEY PORTION PA-NJ-MD-DE OZONE NONATTAINMENT AREA 2017 EMISSION INVENTORY
OF VOC AND NOX
[Tons per summer day]
Point
sources
County
Area
sources
Onroad
sources
Nonroad
sources
Biogenic
I
Wildfire and
prescribed
burning
Total
I
Total
anthropogenic
ddrumheller on DSK120RN23PROD with PROPOSALS1
VOC (tons per summer day)
Atlantic ...............................................
Burlington ...........................................
Camden ..............................................
Cape May ...........................................
Cumberland ........................................
Gloucester ..........................................
Mercer ................................................
Ocean .................................................
Salem .................................................
0.08
1.06
0.67
0.08
0.43
5.36
0.36
0.45
0.62
7.27
13.70
12.56
2.98
6.18
14.43
10.20
14.31
2.74
2.60
4.73
4.62
1.04
1.30
2.89
7.02
5.69
0.74
3.59
4.26
2.55
3.69
1.34
2.42
2.60
6.45
0.76
40.71
50.31
15.62
14.71
27.08
16.97
9.72
41.73
17.21
0.92
0.14
0.10
0.06
0.63
0.56
0.01
10.97
0.03
55.17
74.20
36.12
22.57
36.95
42.63
29.91
79.61
22.10
13.54
23.75
20.40
7.79
9.24
25.10
20.17
26.91
4.85
Total in Southern NAA Area .......
9.10
84.37
30.63
27.66
234.06
13.43
399.25
151.76
0.26
0.35
0.18
0.18
0.36
0.28
0.19
0.26
0.07
0.01
0.00
0.00
0.03
0.04
0.00
0.46
11.57
17.47
15.50
6.92
7.64
15.85
10.22
18.35
11.24
17.11
15.32
6.73
7.25
15.52
10.03
17.63
NOX (tons per summer day)
Atlantic ...............................................
Burlington ...........................................
Camden ..............................................
Cape May ...........................................
Cumberland ........................................
Gloucester ..........................................
Mercer ................................................
Ocean .................................................
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0.35
1.63
2.27
0.11
1.86
5.59
1.02
2.02
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1.33
1.43
0.30
0.43
0.79
1.40
1.34
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8.98
7.73
2.06
2.10
5.66
3.60
7.90
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4.56
5.17
3.88
4.27
2.86
3.48
4.01
6.37
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TABLE 4—SOUTHERN NEW JERSEY PORTION PA-NJ-MD-DE OZONE NONATTAINMENT AREA 2017 EMISSION INVENTORY
OF VOC AND NOX—Continued
[Tons per summer day]
Point
sources
County
Onroad
sources
Nonroad
sources
Biogenic
Wildfire and
prescribed
burning
Total
Total
anthropogenic
Salem .................................................
3.74
0.20
1.45
1.50
0.38
0.00
7.27
6.89
Total in Southern NAA Area .......
18.58
8.04
44.99
36.12
2.44
0.62
110.79
107.73
b. Reasonable Further Progress
ddrumheller on DSK120RN23PROD with PROPOSALS1
Area
sources
Section 182(b)(1) of the CAA and the
EPA’s 2008 Ozone Implementation Rule
requires that States submit a reasonable
further progress (RFP) demonstration for
each 2008 ozone NAAQS nonattainment
area classified as Moderate and above,
for review and approval into its SIP, that
describes how the area will achieve
actual emissions reductions of VOC and
NOX from a baseline emissions
inventory. Section 182(b)(1) of the CAA
requires a State’s RFP for Moderate
nonattainment areas to demonstrate a
15% reduction in VOC emissions over
a six-year period.
The EPA’s 2008 Ozone
Implementation Rule also finalized that
2008 ozone NAAQS nonattainment
areas that have previously met the CAA
requirement for a 15% Rate of Progress
(ROP) VOC reduction plan for the entire
area is not required to fulfill that
requirement again. Instead, for purposes
of the 2008 ozone NAAQS, the EPA
interpreted the RFP requirement to
require certain areas classified as
Moderate to achieve an average 3
percent annual reduction in VOC and/
or NOX emissions for the first 6 years
following the baseline.7 For Serious and
above areas, section 182(c)(2)(B)
requires areas to obtain 15% ozone
precursor emission reductions in that
same 6-year period and an additional
3% per year reduction in VOC or NOX
emissions, averaged over consecutive 3year periods until the attainment date.8
New Jersey has previously met the 15%
ROP for VOC, due to nonattainment
obligations it had under the 1997 8-hour
ozone standard. See 86 FR 49249
(September 2, 2021). Therefore, for
purposes of the 2008 ozone standard,
New Jersey submitted RFP
demonstrations for the Moderate and
Serious classifications for its portion of
7 Implementation of the 2008 National Ambient
Air Quality Standards for Ozone: State
Implementation Plan Requirements.’’ Final Rule.
Published March 6, 2015; effective April 6, 2015.
80 FR 12271.
8 See Id.
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the NY-NJ-CT nonattainment area
showing VOC and NOX emission
reductions greater than the 15%
requirement following six years after the
2011 base year inventory (between
2011–2017) and demonstrated a 24%
reduction by the Serious classification
attainment date, July 20, 2021. Note that
we are only proposing action on the
Moderate and Serious area RFP plans
for the 2008 ozone NAAQS for the New
Jersey portion of the NYMA.
In New Jersey’s January 2, 2018,
submission, NJDEP showed that RFP
would be achieved for the Moderate
classification between the 2011 baseline
year and the 2017 target year by
demonstrating that NOX emissions
would decline by 31%, and VOC
emissions by 14%, within the NYMA
nonattainment area. New Jersey updated
its 2011 emission estimates for use
within the RFP baseline inventory by
using the latest version of EPA’s
MOVES model available at the time,
MOVES 2014a, for calculation of onroad and non-road mobile source
emissions. New Jersey relied on the
emission projection work it had
coordinated and submitted to the MidAtlantic Regional Air Management
Association for their effort to develop a
2017 modeling platform. The
projections of emissions from electrical
generating units (EGUs) were conducted
using the Eastern Regional Technical
Advisory Committee (ERTAC). The
ERTAC projection tool uses 2011
emissions data from EPA’s Clean Air
Market Division and growth factors
developed from the U.S. Department of
Energy’s Energy Information
Administration (EIA) data and other
sources to create a 2017 emission
inventory for EGUs. EPA finds that the
ERTAC EGU emissions forecasts
produce reasonable results for facilities
within the State.
Table 5 contains a summary of the
2011 RFP baseline inventory, and 2017
projected, controlled emissions
demonstrating the 14% VOC and 31%
NOX emission reductions for the New
Jersey portion of the NY-NJ-CT
nonattainment area. Although NJDEP’s
modeling demonstration illustrates that
the NYMA did not meet the 2008 ozone
standard by the Moderate area
attainment date of July 20, 2018, New
Jersey’s RFP analysis for the NYMA
2008 ozone Moderate nonattainment
area showed that projected, controlled
VOC and NOX emission in 2017 were
well below the RFP emission target
levels.9 Therefore, the EPA is proposing
to approve New Jersey’s RFP SIP
submittal for the 2008 ozone Moderate
classification since it successfully meets
the RFP requirement under CAA section
172(c)(2), 182(b)(1), and 40 CFR
51.1110.
Within New Jersey’s November 23,
2021, SIP submittal, the State updated
its 2008 ozone Moderate RFP
demonstration by utilizing the more
current 2017 actual emissions
inventory. In Table 5–1, within New
Jersey’s November 2021 SIP submission
the percent reduction of VOC and NOX
from the 2011 baseline to 2017 was 21%
and 37%, respectively. Therefore, New
Jersey’s precent reduction of VOC and
NOX from the 2011 baseline to 2017 is
58%, which exceeds the RFP-required
15%, for the New Jersey portion of the
Northern NJ-NY-CT nonattainment area.
The result of New Jersey’s 2017 actual
emission inventory, which further
illustrates that the State has
demonstrated the combined reduction
of VOC and NOX for its 2008 ozone
NAAQS Moderate classification RFP
requirement, are also provided in Table
4.
9 Within Table 3–2, ‘‘Control Measures in the SIP
Post 2011,’’ of New Jersey’s January 2, 2018
submission, the State outlines which control
measures were incorporated within the 2017
attainment modeling & RFP. The control measures
incorporated within the 2017 modeling include
federally-approved measures adopted by the State
and included in New Jersey’s SIP, federallyapproved programs like the State’s Nonattainment
New Source Review (NNSR) program, and various
Federal control measures (i.e., New Source
Performance Standards (NSPS), National Emission
Standards of Hazardous Air Pollutants (NESHAP),
etc.).
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56689
TABLE 5—SUMMARY OF RFP CALCULATIONS FOR NYMA FOR 2008 OZONE MODERATE CLASSIFICATION
Description
VOC emissions
(tons/ozone season day)
NOX emissions
(tons/ozone season day)
360
309
286
379
261
240
RFP Baseline Inventory (2011): NJ portion of NY-NJ-CT area ..............................................
2017 Projected, controlled emissions: NJ portion of NY-NJ-CT area ....................................
2017 Actual Inventory: NJ portion of NY-NJ-CT area .............................................................
As mentioned previously, the RFP
requirement in CAA section 182(c)(2)(B)
require areas classified as Serious or
higher, in addition to the ROP
reductions, to achieve an additional 3%
per year reduction in VOC or NOX
emissions, averaged over consecutive 3year periods until the attainment date.10
The New Jersey portion of the NY-NJ-CT
nonattainment area was reclassified
from Moderate to Serious nonattainment
for the 2008 ozone NAAQS. Since the
attainment date for the Serious
classification was on July 20, 2021, this
requires the Serious area to demonstrate
24% percent reductions by the end of
the nine-year period (2011–2020)
regardless of whether the area attains
the NAAQS. In New Jersey’s November
23, 2021, submission, NJDEP
demonstrated that RFP was projected for
the Serious classification between the
2011 baseline year and 2020 target year
by showing that the 24% reduction
requirement for RFP would be achieved
through a combination of NOX and VOC
emission reductions through 2020.
Table 6 contains a summary of the
2011 RFP baseline inventory, and 2020
projected, controlled emissions
demonstrating that VOC emissions
reduced by 25% and NOX emissions
reduced by 47% within the New Jersey
portion of the NY-NJ-CT nonattainment
area. Because RFP requirements for the
NYMA Serious nonattainment area can
be satisfied with reductions in either
NOX or VOC emissions, New Jersey was
able to project an emission reduction
surplus from the 24% requirement.
Although NJDEP’s modeling
demonstration and 2020 Design Values
(DVs) illustrated that the NYMA did not
attaint the ozone NAAQS by the Serious
area attainment date of July 20, 2021,
New Jersey’s RFP calculations for the
NYMA Serious nonattainment area
showed that the 24% reduction
requirement was achieved through a
combination of NOX and VOC emission
reductions through 2020.11 Therefore,
the EPA is proposing to approve New
Jersey’s RFP SIP submission for the
Serious classification for 2008 ozone
since it successfully meets the RFP
requirement under CAA section
182(c)(2)(B) and 40 CFR 51.1110.
TABLE 6—SUMMARY OF RFP CALCULATIONS FOR NYMA FOR 2008 OZONE SERIOUS CLASSIFICATION
VOC emissions
(tons/summer day)
Description
ddrumheller on DSK120RN23PROD with PROPOSALS1
RFP Baseline Inventory (2011): NY portion of NY-NJ-CT area .............................................
2020 Projected, controlled emissions: NY portion of NY-NJ-CT area ....................................
360
271
NOX emissions
(tons/summer day)
379
201
c. Motor Vehicle Emissions Budgets
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means conformity
to an implementation plan’s purpose of
eliminating or reducing the severity and
number of violations of the NAAQS and
achieving expeditious attainment of the
NAAQS, and that transportation
activities will not produce new air
quality violations, worsen existing
violations, or delay timely attainment of
the NAAQS or any interim milestones.
See CAA 176(c)(1)(A) and (B). The
EPA’s transportation conformity rule at
40 CFR part 93, subpart A requires that
transportation plans, programs and
projects conform to SIPs and establishes
the criteria and procedures for
determining whether or not they
conform. To accomplish its purpose, the
transportation conformity rule requires
a demonstration that emissions from the
metropolitan planning organization’s
(MPO’s) Regional Transportation Plan
(RTP), and Transportation Improvement
Program (TIP) do not exceed the motor
vehicle emission budgets (‘‘budgets’’)
contained in the control strategy SIP
revision or maintenance plan. See 40
CFR 93.101, 93.118, and 93.124. The
term ‘‘motor vehicle emissions budget’’
is defined in 40 CFR 93.101 as ‘‘that
portion of the total allowable emissions
defined in the submitted or approved
control strategy implementation plan
revision or maintenance plan for a
certain date for the purpose of meeting
reasonable further progress milestones
or demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions.’’
In New Jersey’s January 2, 2018,
comprehensive SIP submittal, the State
established the 2017 RFP motor vehicle
emission budgets for VOCs and NOX
within the New Jersey portion of the
NY-NJ-CT nonattainment area for the
2008 8-hour ozone Moderate
classification. Table 7 lists the New
Jersey 2017 motor vehicle emission
budgets. These budgets are based on
MOVES2014a, which was the latest
version of the model available when
New Jersey prepared them.
10 Implementation of the 2008 National Ambient
Air Quality Standards for Ozone: State
Implementation Plan Requirements.’’ Final Rule.
Published March 6, 2015; effective April 6, 2015.
80 FR 12271.
11 Within Table 3–2, ‘‘Control Measures in the SIP
Post 2011,’’ of New Jersey’s November 23, 2021
submission, the State outlines which control
measures were incorporated within the 2020
attainment modeling & RFP. The control measures
incorporated within the 2020 modeling include
federally-approved measures adopted by the State,
federally-approved programs like the State’s
Nonattainment New Source Review (NNSR)
program, and various Federal control measures (i.e.,
New Source Performance Standards (NSPS),
National Emission Standards of Hazardous Air
Pollutants (NESHAP), etc.).
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Proposed Rules
TABLE 7—MOTOR VEHICLE EMISSION BUDGETS IN NEW JERSEY’S 2008 OZONE MODERATE RFP PLANS
Description
NOX
(tons/summer day)
VOC
(tons/summer day)
2017 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion of NY-NJ-CT area ..........
103.22
48.69
On August 16, 2018, the EPA issued
a letter to New Jersey in which we
stated that the budgets for the New
Jersey portion of the NY-NJ-CT area
were adequate for use in transportation
conformity determinations.
Additionally, the EPA published an
announcement of this adequacy finding
in the Federal Register on September
25, 2018. See 83 FR 48384. Within the
letter, and subsequently described in the
notice, the EPA determined that New
Jersey’s 2017 motor vehicle emission
budgets were adequate for
transportation conformity purposes as
outlined in the transportation
conformity regulation at 40 CFR
93.118(e)(4). In this action the EPA is
proposing to approve the 2008 ozone
Moderate RFP motor vehicle emission
budgets established for the New Jersey
portion of the NY-NJ-CT area for 2017.
The EPA is proposing to approve these
budgets because EPA has now
completed its review of the overall 2008
ozone Moderate RFP plan which
demonstrates the required VOC/NOX
emission reduction from the 2011
baseline year under CAA Section
172(c)(2), 182(b)(1), and 40 CFR
51.1110. Based on EPA’s review of the
budgets and the RFP submission, EPA
proposes to determine the budgets are
consistent with the applicable RFP
requirements.
Also, in New Jersey’s November 23,
2021, comprehensive SIP submittal, the
State established the 2020 RFP motor
vehicle emission budgets for VOCs and
NOX within the New Jersey portion of
the NY-NJ-CT nonattainment area for
the 2008 8-hour ozone Serious
classification. These budgets are based
on MOVES2014b, which was the latest
version of the model available when
New Jersey prepared them. Table 8 lists
the New Jersey 2020 motor vehicle
emission budgets.
ddrumheller on DSK120RN23PROD with PROPOSALS1
TABLE 8—MOTOR VEHICLE EMISSION BUDGETS IN NEW JERSEY’S 2008 OZONE SERIOUS RFP PLANS
Description
NOX
(tons/summer day)
VOC
(tons/summer day)
2020 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion of NY-NJ-CT area ..........
76.77
42.46
On January 18, 2023, the EPA issued
a letter to New Jersey in which we
stated that the budgets for the New
Jersey portion of the NY-NJ-CT area
were adequate for use in transportation
conformity determinations.
Additionally, the EPA published an
announcement of this adequacy finding
in the Federal Register on March 13,
2023. See 88 FR 15390. Within that
notice, the EPA determined that New
Jersey’s 2020 motor vehicle emission
budgets were adequate for
transportation conformity purposes as
outlined in the transportation
conformity regulation at 40 CFR
93.118(e)(4). In this action the EPA is
proposing to approve the 2008 ozone
Serious RFP motor vehicle emission
budgets established for the New Jersey
portion of the NY-NJ-CT area. The EPA
is proposing to approve the 2020
budgets established for the New Jersey
portion of the NY-NJ-CT nonattainment
area since these budgets are based
MOVES model runs conducted by the
State for 2020. In New Jersey’s 2017
periodic emission inventory, the
emissions from onroad sources are
calculated by multiplying activity levels
(including vehicle starts, operation
times, speeds and miles traveled) by
emission factors. The activity estimates
are generated by the MPOs using their
travel demand models (TDM). The
onroad source emissions are then
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calculated using the latest version of
MOVES. As discussed elsewhere in this
proposal, the EPA determined that New
Jersey’s 2017 periodic emission
inventory is consistent with EPA
guidance.12 Therefore, the EPA is also
proposing to approve these budgets
because EPA has now completed its
review of the overall 2008 ozone Serious
RFP plan which demonstrates the
required VOC/NOX emission reduction
from the 2011 baseline year under CAA
Section 182(c)(2)(B) and 40 CFR
51.1110. Based on EPA’s review of the
budgets and the RFP submission, EPA
proposes to determine the budgets are
consistent with the applicable RFP
requirements.
EPA is proposing to approve both the
2017 budgets for the Moderate
classification of the 2008 ozone
NAAQS, and the 2020 budgets for the
Serious classification of the 2008 ozone
NAAQS, because based on its
evaluation of the RFP submissions and
the budgets, EPA considers these
budgets to meet the six adequacy
criteria found in the transportation
conformity regulation at 40 CFR
93.118(e)(4). These budgets were subject
12 New Jersey’s approach used to calculate the
Transportation Conformity Budgets is the same
used to calculate the emission inventories. New
Jersey’s calculation approach is described in detail
in Appendix 4–6 of the State’s November 23, 2021
SIP submission.
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to a state public hearing before being
submitted to EPA. Consultation among
Federal, State, and local agencies
occurred in their development. The
budgets are clearly identified and
precisely quantified, as shown in Tables
7 and 8 above. When considered
together with all other emissions
sources, the budgets are consistent with
the requirements for reasonable further
progress, and they are consistent with
and clearly related to the emissions
inventory and the measures in the
relevant SIP submissions. The last
criterion is that revisions to previous
submitted budgets have been explained
and documented; in this case, these
budgets have not been revised.
d. Emission Statement Program
Certification
In New Jersey’s November 2021 SIP
submittal, the State certifies that its
state-wide rules at N.J.A.C. 7:27–21
continues to satisfy Federal
requirements for an emission statement
program for the 2008 75 ppb 8-hour
ozone NAAQS. The EPA most recently
approved New Jersey’s regulation at
N.J.A.C. 7:27–21 for satisfying the
requirement of an emission statement
program for the 2008 8-hour ozone
NAAQS on October 9, 2018. See 83 FR
50507.
The EPA stated in the 2008 ozone
implementation rule that if an area has
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Federal Register / Vol. 89, No. 132 / Wednesday, July 10, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
a previously approved emission
statement rule in force for the 1997
ozone NAAQS or the 1-hour ozone
NAAQS that covers all portions of the
nonattainment area for the 2008 ozone
NAAQS, such rule should be sufficient
for purposes of the emissions statement
requirement for the 2008 ozone NAAQS.
See 80 FR 12264.
N.J.A.C. 7:27 Subchapter 21,
‘‘Emission Statements,’’ requires the
submission of annual emission
statements from major facilities
including stationary sources of VOCs or
NOX that emit 10 tons or 25 tons a year,
respectively.13 The emission statements
submitted to the Department are
required to include actual emissions of
VOC and NOX in tons during the ozone
season (May 1st–September 30th), and
in pounds per day during the peak
ozone season (June 1st–August 31st).
From these statements, the NJDEP
develops reports of emissions of all
criteria pollutants and submits them to
the EPA pursuant to the Federal Air
Emission Reporting Requirements
(AERR) Rule for uploading to the EPA’s
National Emission Inventory (NEI).
New Jersey certifies that the emission
statement requirement of CAA Section
182(a)(3)(b) continues to be fully
addressed through N.J.A.C. 7:27–21 14
that is applicable state-wide. Therefore,
the EPA is proposing to approve New
Jersey’s emission statement certification
that the previously approved SIP
element fully meets the requirements of
the CAA for the Serious classification of
the 2008 8-hour ozone NAAQS for the
New Jersey portion of the NYMA
nonattainment area. The EPA
determines that the State’s previously
approved emission statement program is
certified to meet the requirements for
the Serious classification of the 2008
Ozone NAAQS, since the program
collects actual VOC and NOX emission
in tons per ozone season day, released
from major sources that emit or have the
potential to emit 10 or 25 tons per year
of VOC or NOX, respectively. See
Appendix A to subpart A of part 51,
13 Facilities that are not applicable to New
Jersey’s Emission Statement Program are still
included the State’s 2017 Emission Inventory as
area sources. The VOC and NOX emission from area
source categories were calculated by multiplying a
USEPA published emission factor by a known
indicator of activity for each source category, such
as employment, population and fuel usage. A
calculation methodology sheet was produced by
New Jersey to document the data used to estimate
the emissions from each source category. The
calculation methodology is outlined in Appendix
10–1 of the State’s November 2021 SIP submission
and is included within the docket of this
rulemaking.
14 The EPA approved N.J.A.C. 7:27 Subchapter 21
on August 3, 2010 for the 1997 85 ppb 8-hour ozone
NAAQS. (75 FR 45483)
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Title 40. The EPA approved a revision
to Subchapter 21 into New Jersey’s SIP
on November 28, 2023. See 88 FR
83036.
e. Ozone Nonattainment New Source
Review (NNSR)
New Jersey affirmed in its November
23, 2021, submittal that the State’s
NNSR program remains in effect
statewide with a major source
applicability threshold of 25 tpy of VOC
and NOX, respectively. This major
source applicability threshold is
consistent with the State’s former
classification of Severe for the 1-hour
ozone standard in accordance with
requirements for anti-backsliding
provisions at CAA section 172(e). At
submittal of the State’s comprehensive
November 2021 SIP revision, New
Jersey continued to be nonattainment
for the 1997, 2008 and 2015 8-hour
ozone standards at lower classifications
than the 1-hour ozone standards. Also,
since New Jersey is located entirely in
the OTR, regardless of the area’s
designation status, NNSR applies statewide for emissions of ozone precursor
pollutants, VOC and NOX, for new
major facilities or modifications to
existing major or minor sources. In New
Jersey’s November 2021 submission, the
State certifies that its existing NNSR
rules codified at N.J.A.C. 7:27–18,
‘‘Control and Prohibition of Air
Pollution from New or Altered Sources
Affecting Ambient Air Quality,’’ which
regulates the New Jersey portions of the
Northern NJ-NY-CT and Southern NJPA-DE-MD nonattainment areas for the
2008 75 ppb and 2015 70 ppb 8-hour
Ozone NAAQS are at least as stringent
as the Federal requirements at 40 CFR
51.165 for ozone and its precursors for
the State’s classification in its northern
and southern areas. See 80 FR 12264
(March 6, 2015). The EPA approved a
revision to Subchapter 18 into New
Jersey’s SIP on November 28, 2023. See
88 FR 83036.
Permits to construct new major
sources or to conduct major
modifications to existing major sources
in New Jersey must meet NNSR
requirements, including offsetting
increases in emissions from the new
major source or major modification to a
major existing source and applying the
Lowest Achievable Emissions Rate
(LAER) to determine emission limits.
LAER is more stringent than RACT; it
requires deriving the permit’s emission
limit for the nonattainment pollutant at
issue from the most stringent emission
limit in any SIP for that source category
or from the most stringent limit
achieved in practice by that source
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category.15 Emissions increases from the
new major source or major modification
to an existing major source are offset by
obtaining ‘‘emission reduction credits’’
(ERCs) or ‘‘offsets’’ generated from
reductions in actual emissions of the
nonattainment pollutant at issue from
existing sources. The required number
of offsets needed is determined by
applying the ratio for the applicable
nonattainment area designation
established in CAA section 182.16
Furthermore, New Jersey certified in its
November 23, 2021, submittal that the
State also relies upon Federal rules such
as the National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
regulated under CAA section 112.
NESHAPs establish the need to use
Maximum Achievable Control
Technology (MACT), which may be
more stringent than RACT, to control
hazardous air pollutants.
The EPA is proposing to approve New
Jersey’s certification that NNSR applies
state-wide for NOX and VOC emissions
from stationary sources and fully meets
the requirements of the CAA for the
State’s Serious classification in the
NYMA area for the 2008 Ozone NAAQS
and for the Moderate classification in
the NYMA for the 2015 Ozone NAAQS.
Within this action, the EPA is also
proposing to approve New Jersey that
the State has satisfied the NNSR
requirements as it relates to the 2015
Ozone NAAQS Marginal classification
for the New Jersey portion of the
Philadelphia-Wilmington-Atlantic City
nonattainment area since the State’s
NNSR requirements are at least as
stringent as the Federal requirements at
40 CFR 51.165 for ozone and its
precursors. Since New Jersey’s NNSR
program is applicable statewide, the
EPA is also proposing to approve that
New Jersey has satisfied the statewide
NNSR requirement as it relates to the
OTR for the 2015 Ozone NAAQS
pursuant to CAA Section 184(b)(2).
f. Clean Fuels for Fleets
Clean Air Act Section 182(c)(4)
requires States with ozone
nonattainment areas classified as
Serious or above with 1980 populations
greater than 250,000 to submit a SIP
revision to either ‘‘include such
measures as may be necessary to ensure
the effectiveness of the applicable
provisions of the clean-fuel vehicle
program prescribed under part C of
subchapter II of this chapter’’ or to
provide ‘‘a substitute for all or a portion
15 40
CFR 51.165(a)(1)(x).
offset ratio for moderate nonattainment
areas is 1.15 to 1 (CAA 182(b)(5); the offset ratio for
serious areas is 1.2:1 (CAA 182)(c)(10); and the
offset ratio for severe areas is 1.2:1 (182)(d)(2).
16 The
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ddrumheller on DSK120RN23PROD with PROPOSALS1
of the clean-fuel vehicle program
prescribed under part C of subchapter II
of this chapter.’’ The Clean Fuel Fleets
requirement was adopted as part of the
1990 Clean Air Act Amendments and
was designed to improve air quality and
introduce clean burning fuels into the
market.
Clean Air Act Sections 243 and 245
included numerical emissions standards
for the Clean Fuel Fleets light- and
heavy-duty vehicles that were intended
to encourage innovation, encourage the
purchase of cleaner fleet vehicles and
reduce emissions for fleets of motor
vehicles in ozone nonattainment areas
classified as Serious or above as
compared to conventionally fueled
vehicles available at the time.17 On
April 28, 2014, the EPA promulgated
Tier 3 motor vehicle emissions and fuel
standards for light-duty vehicles, lightduty trucks, medium-duty passenger
trucks, and heavy-duty vehicles. See 79
FR 23414. With the continued
implementation of both Tier 3 light-duty
standards (40 CFR part 86, subpart S)
and heavy-duty vehicle standards (40
CFR part 1036), the Clean Fuel Fleets
standards became either less stringent
than or equivalent to the standards that
apply to vehicles and engines today.
Because the Clean Air Act continues
to require clean fuel vehicle programs in
Serious and above ozone nonattainment
areas, on June 29, 2021, the EPA revised
the Clean Fuel Fleets requirements in 40
CFR part 88, to provide compliance
options allowing vehicles and engines
certified to current standards to be
deemed to comply with the Clean Fuel
Fleets standards as Ultra Low-Emission
Vehicles. See 86 FR 34308 (June 29,
2021). This approach enables States to
address the Clean Fuel Fleets
requirements by describing in a SIP that
any new light- or heavy-duty vehicle
purchased today are certified to current
standards under 40 CFR part 86 and 40
CFR part 1036.18
New Jersey affirmed in its November
23, 2021, submittal that the State has
satisfied the requirements for clean fuels
for fleets. Table 3–2 of New Jersey’s SIP
submittal summarizes the post-2011
control measures implemented within
New Jersey’s State Implementation Plan.
The table outlines the sector in which
these control measures are applicable
17 CAA sections 241(5) ‘‘Definition of a Covered
Fleet’’ and 246(b) ‘‘Phase-in Requirements’’ require
that Clean Fuel Fleets Programs (CFFPs) apply to
fleets of 10 or more vehicles that are capable of
being centrally fueled.
18 EPA issued guidance to States on how to
address the Clean Fuel Fleets requirement.
‘‘Guidance for Fulfilling the Clean Fuel Fleets
Requirement of the Clean Air Act’’ (June 2022,
EPA–420–B–22–027). See https://nepis.epa.gov/
Exe/ZyPDF.cgi?Dockey=P10155SA.pdf.
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and if the measure is State or federally
imposed. Within this table, New Jersey
affirms that on-road motor vehicles
within the State including light-duty
vehicles, light-duty trucks, mediumduty passenger trucks, and heavy-duty
vehicles comply with the Federal
emission standards promulgated under
40 CFR part 86, subpart S and 40 CFR
part 1036.19
The EPA is proposing to approve New
Jersey’s certification that the State has
satisfied the requirements for clean fuels
for fleets under the Clean Air Act for the
2008 8-hour ozone NAAQS. New
Jersey’s program demonstrates that any
new light- or heavy-duty vehicle
purchased today are certified to current
or are more stringent than Federal
standards, 40 CFR part 86, subpart S or
40 CFR part 1036, and thus is deemed
to comply with the Clean Fuel Fleets
requirement as Ultra Low-Emission
Vehicles.
IV. Proposed Action
In this rule, the EPA is proposing to
approve portions of a comprehensive
SIP revision submitted by the State of
New Jersey on November 23, 2021,
certifying that the State has satisfied the
requirements for an ozone NNSR
program for the Serious classification of
the 2008 Ozone NAAQS, both Marginal
and Moderate classifications and OTR
requirements for the 2015 Ozone
NAAQS, certifying that the State has
satisfied the requirements for a
nonattainment emission inventory for
the 2015 Ozone NAAQS, certifying that
the State has satisfied the requirements
of an emission statement program for
the 2008 Ozone Serious classification
for the NYMA, and certifying that the
State has satisfied the requirements for
clean fuels for fleets for the 2008 Ozone
NAAQS Serious classification for its
portion of the NYMA. The EPA is also
proposing to approve New Jersey’s
reasonable further progress plans and
associated motor vehicle emission
budgets for both the Moderate and
Serious classifications of the 2008
Ozone NAAQS in the NYMA.
EPA is soliciting public comments on
the issues discussed in this notice.
These comments will be considered
before taking final action. Interested
parties may participate in the Federal
rulemaking procedure by submitting
19 On February 5, 2024, NJDEP supplemented
their initial November 2021 SIP submittal with a
clarification letter which further addresses the
Clean Fuel Fleets requirement for the New Jersey
portion of the NYMA. In the letter, NJDEP certifies
that new vehicles and engines sold within the State
comply with current emission standards under 40
CFR part 86, subpart S. A copy of NJDEP’s Clean
Fuel Fleets clarification letter can be found in the
docket of this rulemaking.
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written comments to this proposed rule
by following the instructions listed in
the ADDRESSES section of this Federal
Register.
V. Environmental Justice
Considerations
New Jersey provided a supplement to
the SIP submission being proposed for
approval with this rulemaking on June
6, 2024. The supplemental submission
briefed the EPA on Environmental
Justice (EJ) considerations within New
Jersey by detailing the State’s programs
and initiatives addressing the needs of
communities with EJ concerns that have
been ongoing since 1998. Although New
Jersey included environmental justice
considerations as part of its SIP
submittal, the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
In its supplement, New Jersey
discussed how the State has been
addressing the needs of communities
with EJ concerns since 1998, including
assisting in the creation of the
Environmental Equity Task Force,
which later evolved into the
Environmental Justice Advisory Council
(EJAC). EJAC and its predecessor have
held regular meetings that include EJ
advocates and the New Jersey
Department of Environmental Protection
(NJDEP) to discuss and address issues of
concern.
New Jersey has also noted that the
State has implemented numerous
initiatives, collaborations,
Administrative Orders and Executive
Orders to address the needs and
concerns of overburdened communities.
New Jersey provided a timeline of the EJ
actions implemented by the State, both
prior to the SIP submittals on January 2,
2018, and November 23, 2021, and
subsequent to it, to note its continued
attention to environmental justice in the
State.
New Jersey’s Administrative Orders
(AO) and Executive Orders (E.O.)
include the State’s first EJ E.O. issued by
Governor James E. McGreevey in 2004
(E.O. No. 96), an EJ E.O. issued by
Governor Jon Corzine in 2009 (E.O. No.
131), an EJ AO issued by NJDEP
Commissioner Bob Martin in 2016 (AO
2016–08) and an EJ E.O. issued by
Governor Phil Murphy in 2018 (E.O. No.
23). Notably, U.S. Senator for New
Jersey, Cory Booker, introduced the first
Federal EJ bill in 2017 (S.1996—
Environmental Justice Act of 2017).
Additionally, New Jersey also created
the ‘‘What’s In My Community?’’ tool, a
GIS-mapping web application that
allows a user to see the air permits
issued in their community. The tool also
identifies overburdened communities,
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schools, hospitals, and emergency
services. The public users can also see
measurements from air monitors and
generate a report when using the tool.
The EPA has reviewed this material
but has determined that conducting a
comprehensive EJ analysis is not
necessary in the context of this SIP
submission for addressing planning
elements for the 2008 and 2015 ozone
8-hour NAAQS, as the CAA and its
applicable implementing regulations
neither prohibit nor require such an
evaluation of EJ in relation to the
relevant requirements. Additionally,
there is no evidence suggesting that this
action contradicts the goals of E.O.
12898 or that it will disproportionately
harm any specific group or have severe
health or environmental impacts.
However, the EPA expects that this
action, which assesses whether New
Jersey’s SIP adequately addresses
planning elements for the 2008 and
2015 ozone 8-hour NAAQS, will
generally have a neutral impact on all
populations, including communities of
color and low-income groups. At the
very least, it will not worsen existing air
quality standards.
In summary, the EPA concludes, for
informational purposes only, that this
proposed rule will not
disproportionately harm communities
with environmental justice concerns.
New Jersey did evaluate EJ
considerations voluntarily in its SIP
submission, but the EPA’s assessment of
these considerations is provided for
context, not as the basis for the action.
The EPA is taking action under the CAA
independently of the State’s EJ
assessment.
ddrumheller on DSK120RN23PROD with PROPOSALS1
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, this proposed rulemaking
action pertaining to New Jersey’s
submissions, is not approved to apply
on any Indian reservation land or in any
other area where the EPA or an Indian
Tribe has demonstrated that a Tribe has
jurisdiction. In those areas of Indian
country, the rule does not have Tribal
implications and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
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56693
The NJDEP evaluated environmental
justice as part of its SIP submittal even
though the CAA and applicable
implementing regulations neither
prohibit nor require an evaluation. The
EPA’s evaluation of the NJDEP’s
environmental justice considerations is
described above in the section titled,
‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. The EPA is taking action
under the CAA on bases independent of
New Jersey’s evaluation of
environmental justice. In addition, there
is no information in the record upon
which this decision is based that is
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide,
Intergovernmental relations, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024–14927 Filed 7–8–24; 4:15 pm]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2023–0495; FRL–12052–
01–R8]
Air Plan Partial Approval and Partial
Disapproval; North Dakota; Regional
Haze State Implementation Plan for the
Second Implementation Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to partially
approve and partially disapprove the
regional haze state implementation plan
(SIP) revision submitted by the State of
North Dakota on August 11, 2022 (North
Dakota’s 2022 SIP submission), as
satisfying applicable requirements
under the Clean Air Act (CAA) and the
EPA’s Regional Haze Rule (RHR) for the
program’s second implementation
period. North Dakota’s 2022 SIP
submission addresses the requirement
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Proposed Rules]
[Pages 56683-56693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14927]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2022-0647, FRL-12038-01-R2]
Approval and Promulgation of State Implementation Plans; New
Jersey; Elements of the 2008 and 2015 Ozone National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the demonstration portions of the comprehensive State
Implementation Plan (SIP) revision submitted by New Jersey that certify
that the State has satisfied the requirements for an emission statement
program, certify that the State has satisfied the requirements for an
ozone nonattainment new source review program, certify that the State
has satisfied the requirements for a nonattainment emission inventory,
and certify that the State has satisfied the requirements for clean
fuels for fleets. The EPA is also proposing to approve New Jersey's
reasonable further progress plans and associated motor vehicle emission
budgets for both the Moderate and Serious classifications of the 2008
ozone NAAQS. These actions are being taken in accordance with the
requirements of the Clean Air Act.
DATES: Written comments must be received on or before August 9, 2024.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0647 at https://www.regulations.gov. Although listed in
the index, some information is not publicly available, e.g., Controlled
Unclassified Information (CUI) (formally referred to as Confidential
Business Information (CBI)) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through https://www.regulations.gov. Follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be CUI or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CUI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Fausto Taveras, Environmental
Protection Agency, 290 Broadway, New York, New York 10007-1866, at
(212) 637-3378, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Table of Contents:
I. What did New Jersey submit?
II. Background
III. Summary and Evaluation of New Jersey's Ozone Related SIP
Elements
a. Emission Inventory
b. Reasonable Further Progress
c. Motor Vehicle Emission Budgets
d. Emission Statement Certification
e. Ozone Nonattainment New Source Review (NNSR)
f. Clean Fuels for Fleets
IV. EPA's Proposed Action
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
[[Page 56684]]
I. What did New Jersey submit?
On November 23, 2021, New Jersey submitted a State implementation
plan (SIP) revision for purposes of addressing planning elements for
the 2008 and 2015 ozone 8-hour National Ambient Air Quality Standard
(NAAQS) for the New Jersey portion of the New York-Northern New Jersey-
Long Island (NY-NJ-CT) nonattainment area (also referred to as the New
York Metro Area or NYMA) and the New Jersey portion of the
Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) nonattainment area
(also referred to as the Philadelphia area). Within this comprehensive
SIP, the State included its reasonable further progress plan and motor
vehicle emission budgets for New Jersey's portion of the NYMA for the
2008 ozone Serious classification, certification that the State has
satisfied the requirements for an ozone nonattainment new source review
(NNSR) program for the 2015 ozone NAAQS in both nonattainment areas and
statewide pursuant to requirements for States located in the Ozone
Transport Region (OTR), certification that the statewide NNSR also
satisfies the requirements for the State's Serious classification in
the NYMA area for the 2008 Ozone NAAQS, certification that the State
has satisfied the requirements for a nonattainment emission inventory
for the 2015 ozone NAAQS in both nonattainment areas, certification
that the State has satisfied the requirements of an emission statement
program for the 2008 ozone Serious classification for the NYMA
nonattainment area, and certification that the State has satisfied the
requirements for clean fuels for fleet for the NYMA.
In addition, New Jersey also submitted a comprehensive SIP revision
on January 2, 2018. Within that submittal, New Jersey included the
reasonable further progress plan and motor vehicle emission budgets for
the 2008 ozone Moderate classification of the State's portion of the
NYMA. Planning elements addressed in this proposal from New Jersey's
comprehensive January 2, 2018, and November 23, 2021, SIP submissions
along with the respective ozone NAAQS classification and nonattainment
areas are outlined in Table 1.
---------------------------------------------------------------------------
\1\ In New Jersey's November 23, 2021, SIP Submission, the State
also certified its Enhanced Motor Vehicle Inspection and Maintenance
(I/M) Program for the 2008 Ozone NAAQS Serious classification. New
Jersey's certification for its Enhanced Motor Vehicle I/M Program
for the Serious classification for the 2008 Ozone NAAQS will be
addressed under a separate future rulemaking and is not addressed
within this proposal.
Table 1--SIP Elements Addressed in New Jersey's Comprehensive SIP Revision Submitted on January 2, 2018, and
November 23, 2021
----------------------------------------------------------------------------------------------------------------
Ozone NAAQS & classification SIP element Nonattainment areas SIP submission date
----------------------------------------------------------------------------------------------------------------
2008 Ozone NAAQS--Moderate Reasonable Further New Jersey's portion January 2, 2018.
Classification. Progress plan and of the New York-
Motor Vehicle Northern New Jersey-
Emission Budgets. Long Island (NY-NJ-
CT).
2008 Ozone NAAQS--Serious Reasonable Further New Jersey's portion November 23, 2021.
Classification. Progress plan and of the New York-
Motor Vehicle Northern New Jersey-
Emission Budgets. Long Island (NY-NJ-
CT).
2008 Ozone NAAQS--Serious New Source Review New Jersey's portion November 23, 2021.
Classifications. Program (NNSR) of the New York-
certification. Northern New Jersey-
Long Island (NY-NJ-
CT).
2008 Ozone NAAQS--Serious Certification of the New Jersey's portion November 23, 2021.
Classification. State's Emission of the New York-
Statement Program. Northern New Jersey-
Long Island (NY-NJ-
CT).
2008 Ozone NAAQS--Serious Clean Fuels for New Jersey's portion November 23, 2021.
Classification. Fleets \1\. of the New York-
Northern New Jersey-
Long Island (NY-NJ-
CT).
2015 Ozone NAAQS--Marginal & New Source Review New Jersey's portion November 23, 2021.
Moderate Classifications. Program (NNSR). of the Philadelphia-
Wilmington-Atlantic
City (PA-NJ-MD-DE)
& New Jersey's
portion of the New
York-Northern New
Jersey-Long Island
(NY-NJ-CT).
2015 Ozone NAAQS--OTR............. New Source Review Statewide........... November 23, 2021.
Program (NNSR).
2015 Ozone NAAQS--Marginal & Nonattainment New Jersey's portion November 23, 2021.
Moderate Classifications. emission inventory of the Philadelphia-
under CAA Section Wilmington-Atlantic
182(a)(1). City (PA-NJ-MD-DE)
& New Jersey's
portion of the New
York-Northern New
Jersey-Long Island
(NY-NJ-CT).
----------------------------------------------------------------------------------------------------------------
New Jersey's comprehensive November 23, 2021, SIP submission also
addressed the requirement for Reasonably Available Control Technology
(RACT) \2\ for the 2008 8-hour ozone National Ambient Air Quality
Standard (NAAQS or standard) in New Jersey's portion of the New York-
Northern New Jersey-Long Island (NY-NJ-CT) nonattainment area for the
Serious classification. The November 2021 submittal addressed New
Jersey's requirement for Moderate area RACT for the 2015 NAAQS in the
NYMA and the requirements for RACT for the 2015 ozone NAAQS throughout
the entire State for New Jersey's obligation to meet RACT within the
Ozone Transport Region (OTR). The EPA will address New Jersey's RACT
certifications outlined within the State's November 23, 2021, SIP
submission in a separate rulemaking action.
---------------------------------------------------------------------------
\2\ The EPA has defined RACT as the lowest emission limitation
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility (44 FR 53762, September 17,
1979).
---------------------------------------------------------------------------
II. Background
In 2008, EPA revised the health-based NAAQS for ozone, setting it
at 0.075 parts per million (ppm), or 75 parts per billion (ppb),
averaged over an 8-hour time frame. See 73 FR 16436 (March 27, 2008).
The EPA determined that the revised 8-hour standard would be more
protective of human health, especially with regard to children and
adults who are active outdoors and individuals with a pre-existing
respiratory disease such as asthma. See id.
On May 21, 2012, the EPA published in the Federal Register its
final attainment/nonattainment designations for areas across the
country with respect to the 2008 8-hour ozone standard. See
[[Page 56685]]
77 FR 30088. This action became effective on July 20, 2012. Within that
action, the entire State of New Jersey was designated as Marginal
nonattainment for the 2008 8-hour ozone standard since both portions of
the State reside in either the New York-Northern New Jersey-Long
Island, NY-NJ-CT nonattainment area, also referred to as the New York
Metropolitan Area (NYMA), and the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment areas.\3\ The New Jersey portion of the
NYMA, is composed of Bergen, Essex, Hudson, Hunterdon, Middlesex,
Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren Counties.
On May 4, 2016, the EPA determined that the NYMA nonattainment area did
not attain the 2008 ozone standard by the July 20, 2015, attainment
date and was reclassified from a Marginal to a Moderate nonattainment
area. See 81 FR 26697. State implementation plans for Moderate
nonattainment areas were due by January 1, 2017. See id. Since the NYMA
was reclassified to a Moderate nonattainment area, New Jersey, on
January 2, 2018, submitted a comprehensive SIP revision, including an
attainment demonstration and reasonable further progress plan among
other required SIP elements related to the 2008 8-hour ozone standard
for the Moderate classification. Subsequently, the NYMA nonattainment
area also failed to meet the Moderate July 20, 2018, attainment date.
Therefore, on August 23, 2019, EPA published a final rule that
reclassified the NYMA, and other States' nonattainment areas, from
Moderate to Serious for the 2008 ozone standard. See 84 FR 44238. Since
the NYMA was reclassified to a Serious nonattainment area, New Jersey,
on November 23, 2021, submitted a comprehensive SIP revision, including
an attainment demonstration and reasonable further progress plan among
other required SIP elements, relating to the 2008 8-hour ozone standard
for the Serious classification. Because the NYMA nonattainment area
also failed to meet the Serious area July 20, 2021, attainment date,
the EPA published a final rule that reclassified the NYMA, along with
other States' nonattainment areas, from Serious to Severe. See 87 FR
60926 (October 7, 2022). This reclassification to Severe resulted in a
revised attainment date for the NYMA of July 20, 2027. See id. A SIP
submittal to address requirements associated with the Severe
classification was due on May 7, 2024. See id.
---------------------------------------------------------------------------
\3\ On November 2nd, 2017, the EPA determined that the
Philadelphia area attained the 2008 ozone standard by the July 20,
2016 one-year extension attainment date. See 82 FR 50814. However,
EPA's determination of attainment does not constitute a
redesignation to attainment. Redesignation requires States to meet
an additional statutory criterion, including the EPA approval of a
State plan demonstrating maintenance of the air quality for 10 years
after redesignation. (81 FR 26697 at 28701; May 4, 2016).
---------------------------------------------------------------------------
Regarding the 2015 ozone NAAQS, on June 4, 2018, EPA published a
final rule establishing designations and classifications for this
standard for most areas of the country, including New Jersey. See 83 FR
25776 (June 4, 2018). This final rule created a Moderate nonattainment
area within the NYMA which includes, within New Jersey, Bergen, Essex,
Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset,
Sussex, Union and Warren Counties.\4\ Additionally, on December 6,
2018, EPA published a final rule outlining requirements for States to
follow as they implement the 2015 ozone NAAQS (2015 Ozone
Implementation Rule). See 83 FR 62998 (December 6, 2018). The rule
contains RACT and NNSR requirements similar to those outlined within
the 2008 Ozone Implementation Rule.
---------------------------------------------------------------------------
\4\ The counties included in the New Jersey portion of the NYMA
are consistent between the 2008 and 2015 Ozone NAAQS. See https://www.epa.gov/green-book.
---------------------------------------------------------------------------
Regarding NNSR, the minimum SIP requirements for NNSR permitting
programs for the 2008 and the 2015 ozone NAAQS are located in 40 CFR
51.165. These NNSR program requirements include those promulgated in
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS and the
2008 Ozone Implementation Rule. See 70 FR 71612 (November 29, 2005).
Additionally, although the 2015 Ozone Implementation Rule included a
provision to explicitly allow for inter-pollutant trading for meeting
the emissions offset requirement for ozone, this provision was
subsequently vacated.\5\ Under the Phase 2 Rule, the SIP for each ozone
nonattainment area must contain NNSR provisions that:
---------------------------------------------------------------------------
\5\ Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
---------------------------------------------------------------------------
Set major source thresholds for nitrogen oxides
(NOX) and volatile organic compounds (VOCs) pursuant to 40
CFR 51.165(a)(1)(iv)(A)(1)(i) through (iv) and (a)(1)(iv)(A)(2);
Classify physical changes at a major source if the change
would constitute a major source by itself pursuant to 40 CFR
51.165(a)(1)(iv)(A)(3);
Consider any significant net emissions increase of
NOX as a significant net emissions increase for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(E);
Consider increases of VOC emissions in extreme ozone
nonattainment areas as significant net emissions increases and major
modifications for ozone pursuant to 40 CFR 51.165(a)(1)(v)(F);
Set significant emissions rates for VOC and NOX
as ozone precursors pursuant to 40 CFR 51.165(a)(1)(x)(A) through (C)
and (E);
Contain provisions for emissions reductions credits
pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1) and (2);
Provide that the requirements applicable to VOC also apply
to NOX pursuant to 40 CFR 51.165(a)(8); and
Set offset ratios for VOC and NOX pursuant to
40 CFR 51.165(a)(9)(i) through (iii) (renumbered as (a)(9)(ii) through
(iv) under the 2008 Ozone Implementation Rule).
Additionally, pursuant to the 2008 Ozone Implementation Rule, areas
designated as nonattainment for that standard that also remain
designated as nonattainment for the 1997 ozone standard must satisfy
the anti-backsliding requirements of 40 CFR 51.1105.
III. Summary and Evaluation of New Jersey's Ozone Related SIP Elements
As discussed in section I, New Jersey's January 2, 2018, and
November 23, 2021 SIP submissions include certifications and planning
elements as part of the State's comprehensive attainment demonstrations
for the Moderate and Serious classifications of the NYMA for the 2008
Ozone NAAQS. These included reasonable further progress plan and motor
vehicle emission budgets for the 2008 Moderate and Serious ozone NAAQS
classifications, a certification for an ozone NNSR program for the 2008
and 2015 Ozone NAAQS, a certification for an emission statement program
for the 2008 Ozone NAAQS, a nonattainment emission inventory for the
2015 ozone NAAQS, and a certification that the State has satisfied the
requirements for clean fuels for fleets for the 2008 Ozone NAAQS.
a. Emission Inventory
CAA Sections 172(c)(3) and 182(a)(1) require States to develop and
submit, as a SIP revision, ``base year'' emission inventories for all
areas designated as nonattainment for an Ozone NAAQS, which shall
include a ``comprehensive, accurate, current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
such area . . .'' Emission inventories are used to develop and assess
new control strategies that the States may use in attainment
demonstration SIPs for the
[[Page 56686]]
Ozone NAAQS and other relevant criteria pollutant standards. CAA
Section 182(a)(3)(A) requires the periodic submission of emission
inventories for SIP planning purposes until the nonattainment area is
redesignated to attainment. 40 CFR 51.1315(a) also requires that the
year selected for the base year emission inventory for the 2015 ozone
NAAQS be consistent with the baseline year for the RFP plan as required
by 40 CFR 51.1310(b). The regulation at 40 CFR 51.1310(b) States that
the baseline emissions inventory can be the emission inventory for the
most recent calendar year for which a complete triennial inventory is
required to be submitted to the EPA under the provisions of subpart A
of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1
through 50. For the 2015 ozone NAAQS, the EPA's December 6, 2018,
implementation rule recommended 2017 as a baseline year from which
emission reductions used to meet RFP requirements are calculated. See
83 FR 62998.
On November 23, 2021, NJDEP submitted a SIP revision for the 2008
Ozone NAAQS that included the 2017 calendar year periodic ozone
precursor emission inventory pollutants, VOC and NOX, for
the New Jersey portions of the NY-NJ-CT (NYMA) and PA-NJ-MD-DE
(Philadelphia) ozone nonattainment areas. New Jersey's 2017 Periodic
Emissions Inventory for the 2008 Ozone NAAQS also serves as the
baseline emission inventory for the 2015 Ozone NAAQS, pursuant to CAA
Section 182(a)(1), for both the Northern New Jersey and Southern New
Jersey ozone nonattainment areas. In accordance with 40 CFR 51.1315(a),
New Jersey's 2017 Emission Inventory also serves as the base year
inventory for RFP of both the NYMA and Philadelphia nonattainment areas
for the 2015 Ozone NAAQS. New Jersey's emission inventory includes both
annual and typical summer day point, area, non-road, on-road, biogenic,
and wildfire and prescribed fire emission estimates. The typical summer
day emissions are also adjusted for various types of stationary and
mobile source categories based on their activity level during the
summer ozone season. The ozone emission inventory catalogs
NOX and VOC emissions because these pollutants are
precursors to ozone formation. New Jersey's 2017 Emissions Inventory
contains emission estimates for the all the counties located in both
the New Jersey portion of the New York-Northern New Jersey-Long Island
NY-NJ-CT, 2008 and 2015 ozone nonattainment areas, and the Southern New
Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-
DE, 2015 ozone nonattainment area and contains emission estimates
summed statewide.
The specific details of New Jersey's 2017 Periodic Emission
Inventory as it relates to the Serious classification of the 2008 ozone
NAAQS for the New Jersey portion of the NYMA and the rationale for the
EPA's approval action is explained in the August 16, 2023, final
rulemaking action. For this detailed information, the reader is
referred to the EPA's rulemaking action approving New Jersey's 2017
Periodic Emission Inventory satisfied the requirements for the 2008
ozone NAAQS periodic emission inventory pursuant to CAA Section
182(a)(3)(A). See 88 FR 55576. In that action, the EPA determined that
New Jersey's periodic emission inventory was based on the most current
and accurate information available to the State at the time it was
being developed. Additionally, the inventories comprehensively address
all source categories in New Jersey's nonattainment areas and were
developed consistent with the relevant ozone base year emission
inventory reporting requirements based on the EPA's guidance. For those
reasons, the EPA approved the 2017 emission inventories into New
Jersey's SIP as meeting the requirements of CAA Section 182(a)(3)(A).
Since we agree that New Jersey's 2017 emission inventory is
consistent with the ozone base year inventory reporting requirements
based on EPA guidance, we are now proposing to approve New Jersey's
2017 emission inventory as fully meeting the emission inventory
requirement under sections 182(a)(1) and 172(c)(3) for the New Jersey
portions of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area, and the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE nonattainment area for the 2015 8-hour ozone NAAQS.\6\
---------------------------------------------------------------------------
\6\ On November 23, 2021, NJDEP submitted this 2017 emission
inventory to serve as the periodic emission inventory for the 2008
Ozone NAAQS, and to serve as the RFP base year for the 2015 Ozone
NAAQS. However, within the EPA's previous action on NJ's 2017
Periodic Emission Inventory, the EPA inadvertently only approved the
inventory for the 2008 NAAQS, PM2.5, and Regional Haze,
but did not propose to approve it for the 2015 Ozone NAAQS for
either of New Jersey's ozone nonattainment areas. See 88 FR 55576.
Within this action we're proposing to approve that the 2017 PEI
submitted by New Jersey to also serve as the base year inventory for
RFP for the 2015 Ozone NAAQS for both New Jersey nonattainment
areas.
---------------------------------------------------------------------------
Table 2 shows the statewide summary of the 2017 annual emissions
for VOC and NOX. Tables 3 and 4 show the 2017 NOX
and VOC typical summer day emissions by category for the Northern New
Jersey and Southern New Jersey ozone nonattainment areas. The actual
2017 emission inventory used the onroad and nonroad models included in
MOVES2014b, which replaced MOVES2014a in August 2018. On August 16,
2023, the EPA approved New Jersey's 2017 calendar year daily and annual
emission inventories for NOX and VOC for the Northern New
Jersey and Southern New Jersey ozone nonattainment areas, which is
relevant to both the 2008 and 2015 ozone standards. See id.
Table 2--Statewide Summary of 2017 Annual Emissions of VOC and NOX
[Tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017 New Jersey State Annual Emissions
---------------------------------------------------------------------------------------------------------------------------------------------------------
Wildfire
and Total for Total
Point Area Onroad Nonroad Biogenic prescribed all anthropogenic
burning sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................................... 6,809 81,555 28,652 25,476 88,238 5,690 236,420 142,492
NOX..................................................... 9,824 23,208 60,681 40,215 2,045 346 136,319 133,928
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 56687]]
Table 3--Northern New Jersey Portion of the NJ-NY-CT Ozone Nonattainment Area 2017 Emission Inventory of VOC and NOX
[Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wildfire
Point Area Onroad Nonroad and Total
County sources sources sources sources Biogenic prescribed Total anthropogenic
burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bergen.................................................. 2.11 23.83 9.06 7.42 4.06 0.08 46.56 42.42
Essex................................................... 1.06 17.97 6.11 4.76 2.39 NA 32.30 29.90
Hudson.................................................. 1.71 15.46 3.52 2.75 1.03 NA 24.47 23.44
Hunterdon............................................... 0.13 4.00 1.74 1.74 10.58 0.04 18.23 7.60
Middlesex............................................... 15.89 22.32 8.23 5.41 5.82 0.03 57.71 51.86
Monmouth................................................ 0.44 16.55 6.83 5.46 12.38 0.20 41.85 29.28
Morris.................................................. 0.50 14.09 5.25 4.96 14.41 0.07 39.30 24.81
Passaic................................................. 0.77 12.15 3.98 2.59 8.36 0.14 27.99 19.49
Somerset................................................ 0.89 9.44 3.38 3.77 7.44 0.02 24.94 17.48
Sussex.................................................. 0.16 3.93 1.54 1.59 17.30 0.15 24.66 7.21
Union................................................... 3.23 13.89 5.06 3.20 2.00 0.00 27.39 25.38
Warren.................................................. 0.31 3.30 1.40 0.93 11.71 0.08 17.73 5.94
-----------------------------------------------------------------------------------------------
Total in Northern NAA Area.......................... 27.21 156.93 56.10 44.58 97.48 0.82 383.12 284.82
--------------------------------------------------------------------------------------------------------------------------------------------------------
NO (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bergen.................................................. 2.16 2.84 15.71 10.03 0.07 0.01 30.82 30.74
Essex................................................... 3.74 2.26 11.56 13.99 0.06 NA 31.61 31.55
Hudson.................................................. 0.85 1.81 6.26 17.89 0.03 NA 26.85 26.82
Hunterdon............................................... 1.36 0.39 5.00 2.66 0.46 0.00 9.88 9.42
Middlesex............................................... 7.02 2.55 18.72 8.92 0.21 0.00 37.43 37.21
Monmouth................................................ 0.42 1.85 10.15 10.54 0.41 0.01 23.38 22.95
Morris.................................................. 0.72 1.78 10.48 4.88 0.16 0.00 18.03 17.86
Passaic................................................. 0.15 1.25 5.37 3.49 0.07 0.01 10.34 10.26
Somerset................................................ 4.62 1.16 7.70 4.18 0.27 0.00 17.93 17.66
Sussex.................................................. 0.10 0.42 1.84 1.38 0.27 0.01 4.02 3.74
Union................................................... 8.20 1.49 9.57 5.35 0.05 0.00 24.67 24.62
Warren.................................................. 0.74 0.30 3.95 0.91 0.30 0.01 6.21 5.91
-----------------------------------------------------------------------------------------------
Total in Northern NAA Area.......................... 30.08 18.12 106.31 84.23 2.35 0.06 241.15 238.75
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Southern New Jersey Portion PA-NJ-MD-DE Ozone Nonattainment Area 2017 Emission Inventory of VOC and NOX
[Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wildfire
Point Area Onroad Nonroad and Total
County sources sources sources sources Biogenic prescribed Total anthropogenic
burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic................................................ 0.08 7.27 2.60 3.59 40.71 0.92 55.17 13.54
Burlington.............................................. 1.06 13.70 4.73 4.26 50.31 0.14 74.20 23.75
Camden.................................................. 0.67 12.56 4.62 2.55 15.62 0.10 36.12 20.40
Cape May................................................ 0.08 2.98 1.04 3.69 14.71 0.06 22.57 7.79
Cumberland.............................................. 0.43 6.18 1.30 1.34 27.08 0.63 36.95 9.24
Gloucester.............................................. 5.36 14.43 2.89 2.42 16.97 0.56 42.63 25.10
Mercer.................................................. 0.36 10.20 7.02 2.60 9.72 0.01 29.91 20.17
Ocean................................................... 0.45 14.31 5.69 6.45 41.73 10.97 79.61 26.91
Salem................................................... 0.62 2.74 0.74 0.76 17.21 0.03 22.10 4.85
-----------------------------------------------------------------------------------------------
Total in Southern NAA Area.......................... 9.10 84.37 30.63 27.66 234.06 13.43 399.25 151.76
--------------------------------------------------------------------------------------------------------------------------------------------------------
NO (tons per summer day)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic................................................ 0.35 0.82 5.51 4.56 0.26 0.07 11.57 11.24
Burlington.............................................. 1.63 1.33 8.98 5.17 0.35 0.01 17.47 17.11
Camden.................................................. 2.27 1.43 7.73 3.88 0.18 0.00 15.50 15.32
Cape May................................................ 0.11 0.30 2.06 4.27 0.18 0.00 6.92 6.73
Cumberland.............................................. 1.86 0.43 2.10 2.86 0.36 0.03 7.64 7.25
Gloucester.............................................. 5.59 0.79 5.66 3.48 0.28 0.04 15.85 15.52
Mercer.................................................. 1.02 1.40 3.60 4.01 0.19 0.00 10.22 10.03
Ocean................................................... 2.02 1.34 7.90 6.37 0.26 0.46 18.35 17.63
[[Page 56688]]
Salem................................................... 3.74 0.20 1.45 1.50 0.38 0.00 7.27 6.89
-----------------------------------------------------------------------------------------------
Total in Southern NAA Area.......................... 18.58 8.04 44.99 36.12 2.44 0.62 110.79 107.73
--------------------------------------------------------------------------------------------------------------------------------------------------------
b. Reasonable Further Progress
Section 182(b)(1) of the CAA and the EPA's 2008 Ozone
Implementation Rule requires that States submit a reasonable further
progress (RFP) demonstration for each 2008 ozone NAAQS nonattainment
area classified as Moderate and above, for review and approval into its
SIP, that describes how the area will achieve actual emissions
reductions of VOC and NOX from a baseline emissions
inventory. Section 182(b)(1) of the CAA requires a State's RFP for
Moderate nonattainment areas to demonstrate a 15% reduction in VOC
emissions over a six-year period.
The EPA's 2008 Ozone Implementation Rule also finalized that 2008
ozone NAAQS nonattainment areas that have previously met the CAA
requirement for a 15% Rate of Progress (ROP) VOC reduction plan for the
entire area is not required to fulfill that requirement again. Instead,
for purposes of the 2008 ozone NAAQS, the EPA interpreted the RFP
requirement to require certain areas classified as Moderate to achieve
an average 3 percent annual reduction in VOC and/or NOX
emissions for the first 6 years following the baseline.\7\ For Serious
and above areas, section 182(c)(2)(B) requires areas to obtain 15%
ozone precursor emission reductions in that same 6-year period and an
additional 3% per year reduction in VOC or NOX emissions,
averaged over consecutive 3-year periods until the attainment date.\8\
New Jersey has previously met the 15% ROP for VOC, due to nonattainment
obligations it had under the 1997 8-hour ozone standard. See 86 FR
49249 (September 2, 2021). Therefore, for purposes of the 2008 ozone
standard, New Jersey submitted RFP demonstrations for the Moderate and
Serious classifications for its portion of the NY-NJ-CT nonattainment
area showing VOC and NOX emission reductions greater than
the 15% requirement following six years after the 2011 base year
inventory (between 2011-2017) and demonstrated a 24% reduction by the
Serious classification attainment date, July 20, 2021. Note that we are
only proposing action on the Moderate and Serious area RFP plans for
the 2008 ozone NAAQS for the New Jersey portion of the NYMA.
---------------------------------------------------------------------------
\7\ Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements.'' Final
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
\8\ See Id.
---------------------------------------------------------------------------
In New Jersey's January 2, 2018, submission, NJDEP showed that RFP
would be achieved for the Moderate classification between the 2011
baseline year and the 2017 target year by demonstrating that
NOX emissions would decline by 31%, and VOC emissions by
14%, within the NYMA nonattainment area. New Jersey updated its 2011
emission estimates for use within the RFP baseline inventory by using
the latest version of EPA's MOVES model available at the time, MOVES
2014a, for calculation of on-road and non-road mobile source emissions.
New Jersey relied on the emission projection work it had coordinated
and submitted to the Mid-Atlantic Regional Air Management Association
for their effort to develop a 2017 modeling platform. The projections
of emissions from electrical generating units (EGUs) were conducted
using the Eastern Regional Technical Advisory Committee (ERTAC). The
ERTAC projection tool uses 2011 emissions data from EPA's Clean Air
Market Division and growth factors developed from the U.S. Department
of Energy's Energy Information Administration (EIA) data and other
sources to create a 2017 emission inventory for EGUs. EPA finds that
the ERTAC EGU emissions forecasts produce reasonable results for
facilities within the State.
Table 5 contains a summary of the 2011 RFP baseline inventory, and
2017 projected, controlled emissions demonstrating the 14% VOC and 31%
NOX emission reductions for the New Jersey portion of the
NY-NJ-CT nonattainment area. Although NJDEP's modeling demonstration
illustrates that the NYMA did not meet the 2008 ozone standard by the
Moderate area attainment date of July 20, 2018, New Jersey's RFP
analysis for the NYMA 2008 ozone Moderate nonattainment area showed
that projected, controlled VOC and NOX emission in 2017 were
well below the RFP emission target levels.\9\ Therefore, the EPA is
proposing to approve New Jersey's RFP SIP submittal for the 2008 ozone
Moderate classification since it successfully meets the RFP requirement
under CAA section 172(c)(2), 182(b)(1), and 40 CFR 51.1110.
---------------------------------------------------------------------------
\9\ Within Table 3-2, ``Control Measures in the SIP Post 2011,''
of New Jersey's January 2, 2018 submission, the State outlines which
control measures were incorporated within the 2017 attainment
modeling & RFP. The control measures incorporated within the 2017
modeling include federally-approved measures adopted by the State
and included in New Jersey's SIP, federally-approved programs like
the State's Nonattainment New Source Review (NNSR) program, and
various Federal control measures (i.e., New Source Performance
Standards (NSPS), National Emission Standards of Hazardous Air
Pollutants (NESHAP), etc.).
---------------------------------------------------------------------------
Within New Jersey's November 23, 2021, SIP submittal, the State
updated its 2008 ozone Moderate RFP demonstration by utilizing the more
current 2017 actual emissions inventory. In Table 5-1, within New
Jersey's November 2021 SIP submission the percent reduction of VOC and
NOX from the 2011 baseline to 2017 was 21% and 37%,
respectively. Therefore, New Jersey's precent reduction of VOC and
NOX from the 2011 baseline to 2017 is 58%, which exceeds the
RFP-required 15%, for the New Jersey portion of the Northern NJ-NY-CT
nonattainment area. The result of New Jersey's 2017 actual emission
inventory, which further illustrates that the State has demonstrated
the combined reduction of VOC and NOX for its 2008 ozone
NAAQS Moderate classification RFP requirement, are also provided in
Table 4.
[[Page 56689]]
Table 5--Summary of RFP Calculations for NYMA for 2008 Ozone Moderate Classification
----------------------------------------------------------------------------------------------------------------
VOC emissions (tons/ NOX emissions (tons/
Description ozone season day) ozone season day)
----------------------------------------------------------------------------------------------------------------
RFP Baseline Inventory (2011): NJ portion of NY-NJ-CT area.... 360 379
2017 Projected, controlled emissions: NJ portion of NY-NJ-CT 309 261
area.........................................................
2017 Actual Inventory: NJ portion of NY-NJ-CT area............ 286 240
----------------------------------------------------------------------------------------------------------------
As mentioned previously, the RFP requirement in CAA section
182(c)(2)(B) require areas classified as Serious or higher, in addition
to the ROP reductions, to achieve an additional 3% per year reduction
in VOC or NOX emissions, averaged over consecutive 3-year
periods until the attainment date.\10\ The New Jersey portion of the
NY-NJ-CT nonattainment area was reclassified from Moderate to Serious
nonattainment for the 2008 ozone NAAQS. Since the attainment date for
the Serious classification was on July 20, 2021, this requires the
Serious area to demonstrate 24% percent reductions by the end of the
nine-year period (2011-2020) regardless of whether the area attains the
NAAQS. In New Jersey's November 23, 2021, submission, NJDEP
demonstrated that RFP was projected for the Serious classification
between the 2011 baseline year and 2020 target year by showing that the
24% reduction requirement for RFP would be achieved through a
combination of NOX and VOC emission reductions through 2020.
---------------------------------------------------------------------------
\10\ Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements.'' Final
Rule. Published March 6, 2015; effective April 6, 2015. 80 FR 12271.
---------------------------------------------------------------------------
Table 6 contains a summary of the 2011 RFP baseline inventory, and
2020 projected, controlled emissions demonstrating that VOC emissions
reduced by 25% and NOX emissions reduced by 47% within the
New Jersey portion of the NY-NJ-CT nonattainment area. Because RFP
requirements for the NYMA Serious nonattainment area can be satisfied
with reductions in either NOX or VOC emissions, New Jersey
was able to project an emission reduction surplus from the 24%
requirement. Although NJDEP's modeling demonstration and 2020 Design
Values (DVs) illustrated that the NYMA did not attaint the ozone NAAQS
by the Serious area attainment date of July 20, 2021, New Jersey's RFP
calculations for the NYMA Serious nonattainment area showed that the
24% reduction requirement was achieved through a combination of
NOX and VOC emission reductions through 2020.\11\ Therefore,
the EPA is proposing to approve New Jersey's RFP SIP submission for the
Serious classification for 2008 ozone since it successfully meets the
RFP requirement under CAA section 182(c)(2)(B) and 40 CFR 51.1110.
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\11\ Within Table 3-2, ``Control Measures in the SIP Post
2011,'' of New Jersey's November 23, 2021 submission, the State
outlines which control measures were incorporated within the 2020
attainment modeling & RFP. The control measures incorporated within
the 2020 modeling include federally-approved measures adopted by the
State, federally-approved programs like the State's Nonattainment
New Source Review (NNSR) program, and various Federal control
measures (i.e., New Source Performance Standards (NSPS), National
Emission Standards of Hazardous Air Pollutants (NESHAP), etc.).
Table 6--Summary of RFP Calculations for NYMA for 2008 Ozone Serious Classification
----------------------------------------------------------------------------------------------------------------
VOC emissions (tons/ NOX emissions (tons/
Description summer day) summer day)
----------------------------------------------------------------------------------------------------------------
RFP Baseline Inventory (2011): NY portion of NY-NJ-CT area.... 360 379
2020 Projected, controlled emissions: NY portion of NY-NJ-CT 271 201
area.........................................................
----------------------------------------------------------------------------------------------------------------
c. Motor Vehicle Emissions Budgets
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means conformity to an implementation plan's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of the
NAAQS, and that transportation activities will not produce new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. See CAA 176(c)(1)(A)
and (B). The EPA's transportation conformity rule at 40 CFR part 93,
subpart A requires that transportation plans, programs and projects
conform to SIPs and establishes the criteria and procedures for
determining whether or not they conform. To accomplish its purpose, the
transportation conformity rule requires a demonstration that emissions
from the metropolitan planning organization's (MPO's) Regional
Transportation Plan (RTP), and Transportation Improvement Program (TIP)
do not exceed the motor vehicle emission budgets (``budgets'')
contained in the control strategy SIP revision or maintenance plan. See
40 CFR 93.101, 93.118, and 93.124. The term ``motor vehicle emissions
budget'' is defined in 40 CFR 93.101 as ``that portion of the total
allowable emissions defined in the submitted or approved control
strategy implementation plan revision or maintenance plan for a certain
date for the purpose of meeting reasonable further progress milestones
or demonstrating attainment or maintenance of the NAAQS, for any
criteria pollutant or its precursors, allocated to highway and transit
vehicle use and emissions.''
In New Jersey's January 2, 2018, comprehensive SIP submittal, the
State established the 2017 RFP motor vehicle emission budgets for VOCs
and NOX within the New Jersey portion of the NY-NJ-CT
nonattainment area for the 2008 8-hour ozone Moderate classification.
Table 7 lists the New Jersey 2017 motor vehicle emission budgets. These
budgets are based on MOVES2014a, which was the latest version of the
model available when New Jersey prepared them.
[[Page 56690]]
Table 7--Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone Moderate RFP Plans
----------------------------------------------------------------------------------------------------------------
NOX (tons/summer day)
Description VOC (tons/summer day)
----------------------------------------------------------------------------------------------------------------
2017 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion 103.22 48.69
of NY-NJ-CT area...........................................
----------------------------------------------------------------------------------------------------------------
On August 16, 2018, the EPA issued a letter to New Jersey in which
we stated that the budgets for the New Jersey portion of the NY-NJ-CT
area were adequate for use in transportation conformity determinations.
Additionally, the EPA published an announcement of this adequacy
finding in the Federal Register on September 25, 2018. See 83 FR 48384.
Within the letter, and subsequently described in the notice, the EPA
determined that New Jersey's 2017 motor vehicle emission budgets were
adequate for transportation conformity purposes as outlined in the
transportation conformity regulation at 40 CFR 93.118(e)(4). In this
action the EPA is proposing to approve the 2008 ozone Moderate RFP
motor vehicle emission budgets established for the New Jersey portion
of the NY-NJ-CT area for 2017. The EPA is proposing to approve these
budgets because EPA has now completed its review of the overall 2008
ozone Moderate RFP plan which demonstrates the required VOC/
NOX emission reduction from the 2011 baseline year under CAA
Section 172(c)(2), 182(b)(1), and 40 CFR 51.1110. Based on EPA's review
of the budgets and the RFP submission, EPA proposes to determine the
budgets are consistent with the applicable RFP requirements.
Also, in New Jersey's November 23, 2021, comprehensive SIP
submittal, the State established the 2020 RFP motor vehicle emission
budgets for VOCs and NOX within the New Jersey portion of
the NY-NJ-CT nonattainment area for the 2008 8-hour ozone Serious
classification. These budgets are based on MOVES2014b, which was the
latest version of the model available when New Jersey prepared them.
Table 8 lists the New Jersey 2020 motor vehicle emission budgets.
Table 8--Motor Vehicle Emission Budgets in New Jersey's 2008 Ozone Serious RFP Plans
----------------------------------------------------------------------------------------------------------------
NOX (tons/summer day)
Description VOC (tons/summer day)
----------------------------------------------------------------------------------------------------------------
2020 8-Hour Ozone Motor Vehicle Emission Budgets: NJ portion 76.77 42.46
of NY-NJ-CT area...........................................
----------------------------------------------------------------------------------------------------------------
On January 18, 2023, the EPA issued a letter to New Jersey in which
we stated that the budgets for the New Jersey portion of the NY-NJ-CT
area were adequate for use in transportation conformity determinations.
Additionally, the EPA published an announcement of this adequacy
finding in the Federal Register on March 13, 2023. See 88 FR 15390.
Within that notice, the EPA determined that New Jersey's 2020 motor
vehicle emission budgets were adequate for transportation conformity
purposes as outlined in the transportation conformity regulation at 40
CFR 93.118(e)(4). In this action the EPA is proposing to approve the
2008 ozone Serious RFP motor vehicle emission budgets established for
the New Jersey portion of the NY-NJ-CT area. The EPA is proposing to
approve the 2020 budgets established for the New Jersey portion of the
NY-NJ-CT nonattainment area since these budgets are based MOVES model
runs conducted by the State for 2020. In New Jersey's 2017 periodic
emission inventory, the emissions from onroad sources are calculated by
multiplying activity levels (including vehicle starts, operation times,
speeds and miles traveled) by emission factors. The activity estimates
are generated by the MPOs using their travel demand models (TDM). The
onroad source emissions are then calculated using the latest version of
MOVES. As discussed elsewhere in this proposal, the EPA determined that
New Jersey's 2017 periodic emission inventory is consistent with EPA
guidance.\12\ Therefore, the EPA is also proposing to approve these
budgets because EPA has now completed its review of the overall 2008
ozone Serious RFP plan which demonstrates the required VOC/
NOX emission reduction from the 2011 baseline year under CAA
Section 182(c)(2)(B) and 40 CFR 51.1110. Based on EPA's review of the
budgets and the RFP submission, EPA proposes to determine the budgets
are consistent with the applicable RFP requirements.
---------------------------------------------------------------------------
\12\ New Jersey's approach used to calculate the Transportation
Conformity Budgets is the same used to calculate the emission
inventories. New Jersey's calculation approach is described in
detail in Appendix 4-6 of the State's November 23, 2021 SIP
submission.
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EPA is proposing to approve both the 2017 budgets for the Moderate
classification of the 2008 ozone NAAQS, and the 2020 budgets for the
Serious classification of the 2008 ozone NAAQS, because based on its
evaluation of the RFP submissions and the budgets, EPA considers these
budgets to meet the six adequacy criteria found in the transportation
conformity regulation at 40 CFR 93.118(e)(4). These budgets were
subject to a state public hearing before being submitted to EPA.
Consultation among Federal, State, and local agencies occurred in their
development. The budgets are clearly identified and precisely
quantified, as shown in Tables 7 and 8 above. When considered together
with all other emissions sources, the budgets are consistent with the
requirements for reasonable further progress, and they are consistent
with and clearly related to the emissions inventory and the measures in
the relevant SIP submissions. The last criterion is that revisions to
previous submitted budgets have been explained and documented; in this
case, these budgets have not been revised.
d. Emission Statement Program Certification
In New Jersey's November 2021 SIP submittal, the State certifies
that its state-wide rules at N.J.A.C. 7:27-21 continues to satisfy
Federal requirements for an emission statement program for the 2008 75
ppb 8-hour ozone NAAQS. The EPA most recently approved New Jersey's
regulation at N.J.A.C. 7:27-21 for satisfying the requirement of an
emission statement program for the 2008 8-hour ozone NAAQS on October
9, 2018. See 83 FR 50507.
The EPA stated in the 2008 ozone implementation rule that if an
area has
[[Page 56691]]
a previously approved emission statement rule in force for the 1997
ozone NAAQS or the 1-hour ozone NAAQS that covers all portions of the
nonattainment area for the 2008 ozone NAAQS, such rule should be
sufficient for purposes of the emissions statement requirement for the
2008 ozone NAAQS. See 80 FR 12264.
N.J.A.C. 7:27 Subchapter 21, ``Emission Statements,'' requires the
submission of annual emission statements from major facilities
including stationary sources of VOCs or NOX that emit 10
tons or 25 tons a year, respectively.\13\ The emission statements
submitted to the Department are required to include actual emissions of
VOC and NOX in tons during the ozone season (May 1st-
September 30th), and in pounds per day during the peak ozone season
(June 1st-August 31st). From these statements, the NJDEP develops
reports of emissions of all criteria pollutants and submits them to the
EPA pursuant to the Federal Air Emission Reporting Requirements (AERR)
Rule for uploading to the EPA's National Emission Inventory (NEI).
---------------------------------------------------------------------------
\13\ Facilities that are not applicable to New Jersey's Emission
Statement Program are still included the State's 2017 Emission
Inventory as area sources. The VOC and NOX emission from
area source categories were calculated by multiplying a USEPA
published emission factor by a known indicator of activity for each
source category, such as employment, population and fuel usage. A
calculation methodology sheet was produced by New Jersey to document
the data used to estimate the emissions from each source category.
The calculation methodology is outlined in Appendix 10-1 of the
State's November 2021 SIP submission and is included within the
docket of this rulemaking.
---------------------------------------------------------------------------
New Jersey certifies that the emission statement requirement of CAA
Section 182(a)(3)(b) continues to be fully addressed through N.J.A.C.
7:27-21 \14\ that is applicable state-wide. Therefore, the EPA is
proposing to approve New Jersey's emission statement certification that
the previously approved SIP element fully meets the requirements of the
CAA for the Serious classification of the 2008 8-hour ozone NAAQS for
the New Jersey portion of the NYMA nonattainment area. The EPA
determines that the State's previously approved emission statement
program is certified to meet the requirements for the Serious
classification of the 2008 Ozone NAAQS, since the program collects
actual VOC and NOX emission in tons per ozone season day,
released from major sources that emit or have the potential to emit 10
or 25 tons per year of VOC or NOX, respectively. See
Appendix A to subpart A of part 51, Title 40. The EPA approved a
revision to Subchapter 21 into New Jersey's SIP on November 28, 2023.
See 88 FR 83036.
---------------------------------------------------------------------------
\14\ The EPA approved N.J.A.C. 7:27 Subchapter 21 on August 3,
2010 for the 1997 85 ppb 8-hour ozone NAAQS. (75 FR 45483)
---------------------------------------------------------------------------
e. Ozone Nonattainment New Source Review (NNSR)
New Jersey affirmed in its November 23, 2021, submittal that the
State's NNSR program remains in effect statewide with a major source
applicability threshold of 25 tpy of VOC and NOX,
respectively. This major source applicability threshold is consistent
with the State's former classification of Severe for the 1-hour ozone
standard in accordance with requirements for anti-backsliding
provisions at CAA section 172(e). At submittal of the State's
comprehensive November 2021 SIP revision, New Jersey continued to be
nonattainment for the 1997, 2008 and 2015 8-hour ozone standards at
lower classifications than the 1-hour ozone standards. Also, since New
Jersey is located entirely in the OTR, regardless of the area's
designation status, NNSR applies state-wide for emissions of ozone
precursor pollutants, VOC and NOX, for new major facilities
or modifications to existing major or minor sources. In New Jersey's
November 2021 submission, the State certifies that its existing NNSR
rules codified at N.J.A.C. 7:27-18, ``Control and Prohibition of Air
Pollution from New or Altered Sources Affecting Ambient Air Quality,''
which regulates the New Jersey portions of the Northern NJ-NY-CT and
Southern NJ-PA-DE-MD nonattainment areas for the 2008 75 ppb and 2015
70 ppb 8-hour Ozone NAAQS are at least as stringent as the Federal
requirements at 40 CFR 51.165 for ozone and its precursors for the
State's classification in its northern and southern areas. See 80 FR
12264 (March 6, 2015). The EPA approved a revision to Subchapter 18
into New Jersey's SIP on November 28, 2023. See 88 FR 83036.
Permits to construct new major sources or to conduct major
modifications to existing major sources in New Jersey must meet NNSR
requirements, including offsetting increases in emissions from the new
major source or major modification to a major existing source and
applying the Lowest Achievable Emissions Rate (LAER) to determine
emission limits. LAER is more stringent than RACT; it requires deriving
the permit's emission limit for the nonattainment pollutant at issue
from the most stringent emission limit in any SIP for that source
category or from the most stringent limit achieved in practice by that
source category.\15\ Emissions increases from the new major source or
major modification to an existing major source are offset by obtaining
``emission reduction credits'' (ERCs) or ``offsets'' generated from
reductions in actual emissions of the nonattainment pollutant at issue
from existing sources. The required number of offsets needed is
determined by applying the ratio for the applicable nonattainment area
designation established in CAA section 182.\16\ Furthermore, New Jersey
certified in its November 23, 2021, submittal that the State also
relies upon Federal rules such as the National Emission Standards for
Hazardous Air Pollutants (NESHAPs) regulated under CAA section 112.
NESHAPs establish the need to use Maximum Achievable Control Technology
(MACT), which may be more stringent than RACT, to control hazardous air
pollutants.
---------------------------------------------------------------------------
\15\ 40 CFR 51.165(a)(1)(x).
\16\ The offset ratio for moderate nonattainment areas is 1.15
to 1 (CAA 182(b)(5); the offset ratio for serious areas is 1.2:1
(CAA 182)(c)(10); and the offset ratio for severe areas is 1.2:1
(182)(d)(2).
---------------------------------------------------------------------------
The EPA is proposing to approve New Jersey's certification that
NNSR applies state-wide for NOX and VOC emissions from
stationary sources and fully meets the requirements of the CAA for the
State's Serious classification in the NYMA area for the 2008 Ozone
NAAQS and for the Moderate classification in the NYMA for the 2015
Ozone NAAQS. Within this action, the EPA is also proposing to approve
New Jersey that the State has satisfied the NNSR requirements as it
relates to the 2015 Ozone NAAQS Marginal classification for the New
Jersey portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area since the State's NNSR requirements are at least as
stringent as the Federal requirements at 40 CFR 51.165 for ozone and
its precursors. Since New Jersey's NNSR program is applicable
statewide, the EPA is also proposing to approve that New Jersey has
satisfied the statewide NNSR requirement as it relates to the OTR for
the 2015 Ozone NAAQS pursuant to CAA Section 184(b)(2).
f. Clean Fuels for Fleets
Clean Air Act Section 182(c)(4) requires States with ozone
nonattainment areas classified as Serious or above with 1980
populations greater than 250,000 to submit a SIP revision to either
``include such measures as may be necessary to ensure the effectiveness
of the applicable provisions of the clean-fuel vehicle program
prescribed under part C of subchapter II of this chapter'' or to
provide ``a substitute for all or a portion
[[Page 56692]]
of the clean-fuel vehicle program prescribed under part C of subchapter
II of this chapter.'' The Clean Fuel Fleets requirement was adopted as
part of the 1990 Clean Air Act Amendments and was designed to improve
air quality and introduce clean burning fuels into the market.
Clean Air Act Sections 243 and 245 included numerical emissions
standards for the Clean Fuel Fleets light- and heavy-duty vehicles that
were intended to encourage innovation, encourage the purchase of
cleaner fleet vehicles and reduce emissions for fleets of motor
vehicles in ozone nonattainment areas classified as Serious or above as
compared to conventionally fueled vehicles available at the time.\17\
On April 28, 2014, the EPA promulgated Tier 3 motor vehicle emissions
and fuel standards for light-duty vehicles, light-duty trucks, medium-
duty passenger trucks, and heavy-duty vehicles. See 79 FR 23414. With
the continued implementation of both Tier 3 light-duty standards (40
CFR part 86, subpart S) and heavy-duty vehicle standards (40 CFR part
1036), the Clean Fuel Fleets standards became either less stringent
than or equivalent to the standards that apply to vehicles and engines
today.
---------------------------------------------------------------------------
\17\ CAA sections 241(5) ``Definition of a Covered Fleet'' and
246(b) ``Phase-in Requirements'' require that Clean Fuel Fleets
Programs (CFFPs) apply to fleets of 10 or more vehicles that are
capable of being centrally fueled.
---------------------------------------------------------------------------
Because the Clean Air Act continues to require clean fuel vehicle
programs in Serious and above ozone nonattainment areas, on June 29,
2021, the EPA revised the Clean Fuel Fleets requirements in 40 CFR part
88, to provide compliance options allowing vehicles and engines
certified to current standards to be deemed to comply with the Clean
Fuel Fleets standards as Ultra Low-Emission Vehicles. See 86 FR 34308
(June 29, 2021). This approach enables States to address the Clean Fuel
Fleets requirements by describing in a SIP that any new light- or
heavy-duty vehicle purchased today are certified to current standards
under 40 CFR part 86 and 40 CFR part 1036.\18\
---------------------------------------------------------------------------
\18\ EPA issued guidance to States on how to address the Clean
Fuel Fleets requirement. ``Guidance for Fulfilling the Clean Fuel
Fleets Requirement of the Clean Air Act'' (June 2022, EPA-420-B-22-
027). See https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P10155SA.pdf.
---------------------------------------------------------------------------
New Jersey affirmed in its November 23, 2021, submittal that the
State has satisfied the requirements for clean fuels for fleets. Table
3-2 of New Jersey's SIP submittal summarizes the post-2011 control
measures implemented within New Jersey's State Implementation Plan. The
table outlines the sector in which these control measures are
applicable and if the measure is State or federally imposed. Within
this table, New Jersey affirms that on-road motor vehicles within the
State including light-duty vehicles, light-duty trucks, medium-duty
passenger trucks, and heavy-duty vehicles comply with the Federal
emission standards promulgated under 40 CFR part 86, subpart S and 40
CFR part 1036.\19\
---------------------------------------------------------------------------
\19\ On February 5, 2024, NJDEP supplemented their initial
November 2021 SIP submittal with a clarification letter which
further addresses the Clean Fuel Fleets requirement for the New
Jersey portion of the NYMA. In the letter, NJDEP certifies that new
vehicles and engines sold within the State comply with current
emission standards under 40 CFR part 86, subpart S. A copy of
NJDEP's Clean Fuel Fleets clarification letter can be found in the
docket of this rulemaking.
---------------------------------------------------------------------------
The EPA is proposing to approve New Jersey's certification that the
State has satisfied the requirements for clean fuels for fleets under
the Clean Air Act for the 2008 8-hour ozone NAAQS. New Jersey's program
demonstrates that any new light- or heavy-duty vehicle purchased today
are certified to current or are more stringent than Federal standards,
40 CFR part 86, subpart S or 40 CFR part 1036, and thus is deemed to
comply with the Clean Fuel Fleets requirement as Ultra Low-Emission
Vehicles.
IV. Proposed Action
In this rule, the EPA is proposing to approve portions of a
comprehensive SIP revision submitted by the State of New Jersey on
November 23, 2021, certifying that the State has satisfied the
requirements for an ozone NNSR program for the Serious classification
of the 2008 Ozone NAAQS, both Marginal and Moderate classifications and
OTR requirements for the 2015 Ozone NAAQS, certifying that the State
has satisfied the requirements for a nonattainment emission inventory
for the 2015 Ozone NAAQS, certifying that the State has satisfied the
requirements of an emission statement program for the 2008 Ozone
Serious classification for the NYMA, and certifying that the State has
satisfied the requirements for clean fuels for fleets for the 2008
Ozone NAAQS Serious classification for its portion of the NYMA. The EPA
is also proposing to approve New Jersey's reasonable further progress
plans and associated motor vehicle emission budgets for both the
Moderate and Serious classifications of the 2008 Ozone NAAQS in the
NYMA.
EPA is soliciting public comments on the issues discussed in this
notice. These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.
V. Environmental Justice Considerations
New Jersey provided a supplement to the SIP submission being
proposed for approval with this rulemaking on June 6, 2024. The
supplemental submission briefed the EPA on Environmental Justice (EJ)
considerations within New Jersey by detailing the State's programs and
initiatives addressing the needs of communities with EJ concerns that
have been ongoing since 1998. Although New Jersey included
environmental justice considerations as part of its SIP submittal, the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation.
In its supplement, New Jersey discussed how the State has been
addressing the needs of communities with EJ concerns since 1998,
including assisting in the creation of the Environmental Equity Task
Force, which later evolved into the Environmental Justice Advisory
Council (EJAC). EJAC and its predecessor have held regular meetings
that include EJ advocates and the New Jersey Department of
Environmental Protection (NJDEP) to discuss and address issues of
concern.
New Jersey has also noted that the State has implemented numerous
initiatives, collaborations, Administrative Orders and Executive Orders
to address the needs and concerns of overburdened communities. New
Jersey provided a timeline of the EJ actions implemented by the State,
both prior to the SIP submittals on January 2, 2018, and November 23,
2021, and subsequent to it, to note its continued attention to
environmental justice in the State.
New Jersey's Administrative Orders (AO) and Executive Orders (E.O.)
include the State's first EJ E.O. issued by Governor James E. McGreevey
in 2004 (E.O. No. 96), an EJ E.O. issued by Governor Jon Corzine in
2009 (E.O. No. 131), an EJ AO issued by NJDEP Commissioner Bob Martin
in 2016 (AO 2016-08) and an EJ E.O. issued by Governor Phil Murphy in
2018 (E.O. No. 23). Notably, U.S. Senator for New Jersey, Cory Booker,
introduced the first Federal EJ bill in 2017 (S.1996--Environmental
Justice Act of 2017).
Additionally, New Jersey also created the ``What's In My
Community?'' tool, a GIS-mapping web application that allows a user to
see the air permits issued in their community. The tool also identifies
overburdened communities,
[[Page 56693]]
schools, hospitals, and emergency services. The public users can also
see measurements from air monitors and generate a report when using the
tool.
The EPA has reviewed this material but has determined that
conducting a comprehensive EJ analysis is not necessary in the context
of this SIP submission for addressing planning elements for the 2008
and 2015 ozone 8-hour NAAQS, as the CAA and its applicable implementing
regulations neither prohibit nor require such an evaluation of EJ in
relation to the relevant requirements. Additionally, there is no
evidence suggesting that this action contradicts the goals of E.O.
12898 or that it will disproportionately harm any specific group or
have severe health or environmental impacts.
However, the EPA expects that this action, which assesses whether
New Jersey's SIP adequately addresses planning elements for the 2008
and 2015 ozone 8-hour NAAQS, will generally have a neutral impact on
all populations, including communities of color and low-income groups.
At the very least, it will not worsen existing air quality standards.
In summary, the EPA concludes, for informational purposes only,
that this proposed rule will not disproportionately harm communities
with environmental justice concerns. New Jersey did evaluate EJ
considerations voluntarily in its SIP submission, but the EPA's
assessment of these considerations is provided for context, not as the
basis for the action. The EPA is taking action under the CAA
independently of the State's EJ assessment.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11,
2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, this proposed rulemaking action pertaining to New
Jersey's submissions, is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The NJDEP evaluated environmental justice as part of its SIP
submittal even though the CAA and applicable implementing regulations
neither prohibit nor require an evaluation. The EPA's evaluation of the
NJDEP's environmental justice considerations is described above in the
section titled, ``Environmental Justice Considerations.'' The analysis
was done for the purpose of providing additional context and
information about this rulemaking to the public, not as a basis of the
action. The EPA is taking action under the CAA on bases independent of
New Jersey's evaluation of environmental justice. In addition, there is
no information in the record upon which this decision is based that is
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-14927 Filed 7-8-24; 4:15 pm]
BILLING CODE 6560-50-P
