6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2023-0468; FRL‑12057-01-R2]
Air Plan Approval; New Jersey; Interstate Transport Requirements for the 2010 1Hour Sulfur Dioxide Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the
portions of a State Implementation Plan (SIP) submittal from the State of New Jersey
demonstrating that the State satisfies the infrastructure requirements of the Clean Air Act
(CAA) addressing interstate transport of pollution with respect to the 2010 1-hour Sulfur
Dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS). This action is
being taken in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before [INSERT DATE 30 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R02OAR-2023-0468 at https://www.regulations.gov. Although listed in the index, some
information is not publicly available, e.g., 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 Confidential Business Information (CBI) 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 CBI or multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Robert Rutherford, Environmental
Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New
York 10007-1866, at (212) 637-3712, or by email at rutherford.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
I.
II.
III.
IV.
V.

Background
Summary of the SIP Revision and the EPA’s Analysis
Environmental Justice Considerations
The EPA’s Proposed Action
Statutory and Executive Order Reviews

I.

Background
On June 2, 2010, the EPA signed a revised primary NAAQS for SO2 at a level of

75 parts per billion (ppb), based on a 3-year average of the annual 99th percentile of daily
maximum 1-hour concentrations (hereafter ‘‘the 2010 1-hour SO2 NAAQS’’). 1 At the
same time, the EPA also revoked the previous 24-hour and annual primary SO2
standards. The previous SO2 air quality standards were set in 1971, including a 24-hour
average primary standard at 140 ppb and an annual average primary standard at 30 ppb.
Current scientific evidence links short-term exposures to SO2, ranging from five
minutes to 24 hours, with an array of adverse respiratory effects including

See 75 FR 35520 (June 22, 2010). See 40 CFR 50.11.

bronchoconstriction and increased asthma symptoms. These effects are particularly
important for asthmatics at elevated ventilation rates (e.g., while exercising or playing).
Studies also show a connection between short-term exposure and increased visits to
emergency departments and hospital admissions for respiratory illnesses, particularly in
at-risk populations including children, the elderly, and asthmatics.
Pursuant to section 110(a)(1) of the CAA, States are required to submit SIPs to
meet the applicable requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as EPA may
prescribe. The EPA has historically referred to these SIPs as “infrastructure SIPs.”
Section 110(a)(2) requires States to address basic SIP elements in their infrastructure
SIPs to assure attainment and maintenance of the NAAQS—such as requirements for
monitoring, basic program requirements, and legal authority. Section 110(a) imposes the
obligation upon States to make a SIP submission to the EPA for a new or revised
NAAQS, but the contents of that submission may vary depending upon the facts and
circumstances of each NAAQS and what is in each State’s existing SIP. In particular, the
data and analytical tools available at the time the State develops and submits the SIP
revision for a new or revised NAAQS affect the content of the submission.
Section 110(a)(2)(D)(i)(I) of the CAA requires a State’s SIP to include adequate
provisions prohibiting any emissions activity in the State that contributes significantly to
nonattainment, or interferes with maintenance, of the NAAQS in any other State. The
EPA sometimes refers to these requirements as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance), or jointly as the “good
neighbor” provision of the CAA.
II.

Summary of the SIP Revision and the EPA’s Analysis
On October 17, 2014, the New Jersey Department of Environmental Protection

(NJDEP) submitted a revision to its SIP to address requirements under section 110(a)(2)

of the CAA (the infrastructure requirements) related to the 2008 Lead, 2008 Ozone, 2010
NO2, 2010 SO2, 2006 PM10, 2011 CO, and 2012 PM2.5 NAAQS.
The EPA finalized actions on all applicable section 110(a)(2) elements of the
October 17, 2014 submittal with the exception of 110(a)(2)(D)(i)(I) for the 2010 1-hour
SO2 NAAQS.2 Further information regarding those actions can be found in the Technical
Support Document (TSD) for this action, which is included in the docket for this
rulemaking.
This proposed rulemaking action is addressing the portions of New Jersey’s
infrastructure submittal for the 2010 1-hour SO2 NAAQS that pertain to the “good
neighbor” provision of the CAA.
In their SIP submission to the EPA, NJDEP discussed how they have addressed
the interstate transport requirements of CAA 110(a)(2)(D)(i)(I) through their stateadopted rules and enforceable consent decrees, which control sources that impact air
quality in neighboring States. NJDEP emphasized that their rules do not hinder other
States’ air quality standards, and their emissions regulations are stricter than Federal and
nearby State rules. New Jersey highlighted its existing SIP-approved regulations and
other federally enforceable control measures, including power plant consent decrees and
low sulfur fuel requirements for distillate and residual fuels (N.J.A.C. 7:27-9) that have
reduced SO2 emissions that may be transported to other States.
For the reasons explained in the accompanying TSD in the docket, EPA proposes
to determine that New Jersey’s SIP is adequate to prevent sources in New Jersey from
significantly contributing to nonattainment or interfering with maintenance in another
State with respect to the 2010 1-hour SO2 NAAQS. This determination is based on a
weight of evidence analysis that takes into account the following considerations: SO2

See 81 FR 64070 (September 19, 2016), 83 FR 24661 (May 30, 2018), 83 FR 40151 (August 14, 2018),
and 85 FR 28883 (May 14, 2020).
emissions statewide have declined significantly from 2014 to 2022; the absence of nearby
SO2 nonattainment areas in neighboring States or uncharacterized air quality near New
Jersey point sources; SO2 ambient air quality data far below the SO2 NAAQS and
exhibiting downward trends or remaining stable; EPA’s impact assessment that shows
that New Jersey sources within 50 kilometers of New Jersey’s borders are unlikely to
significantly contribute to nonattainment or interfere with maintenance in any nearby
States based on emission trends, wind patterns, air monitoring, and modeling data; and
New Jersey’s existing control measures, which ensure that SO2 emissions will continue to
be effectively controlled for existing and new sources or modifications.
A detailed summary of EPA’s review and rationale for the proposed approval of
this SIP revision as meeting CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour SO2 may
be found in the TSD.
III.

Environmental Justice Considerations
New Jersey provided a supplement to the SIP submission being proposed for

approval with this rulemaking on May 16, 2023. 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 submittal on October 17, 2014,
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?” 3 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, 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
interstate transport for the 2010 1-hour SO2 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

Access the mapping application for locating facilities with an air permit registered with NJDEP’s Division
of Air Quality from their website at
https://njdep.maps.arcgis.com/app4s/webappviewer/index.html?id=76194937cbbe46b1ab9a9ec37c7d709b.
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 the interstate transport of air pollution that affects downwind
States’ ability to attain and maintain the 2010 1-hour SO2 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.
IV.

The EPA’s Proposed Action
The EPA is proposing to approve the portions of New Jersey’s SIP submittal

addressing interstate transport for the 2010 1-hour SO2 NAAQS as meeting the
requirements in section 110(a)(2)(D)(i)(I) of the CAA. The EPA is soliciting public
comment on the issues discussed in this document. These comments will be considered
before taking final action.
V.

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, the EPA’s role is to
approve State choices, provided that they meet the criteria of the CAA. Accordingly, this
action merely approves 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 (Public Law
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); 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.
In addition, the SIP is not proposing 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 rulemaking does not have Tribal
implications and it 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, February16, 1994)
directs Federal agencies to identify and address “disproportionately high and adverse
human health or environmental effects” of their actions on minority populations and lowincome 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,
Intergovernmental relations, Sulfur dioxide, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator,
Region 2.

[FR Doc. 2024-14268 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]