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
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 [INSERT DATE 30 DAYS FROM
DATE OF PUBLICATION].
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R02OAR-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) 6373378, 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
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 8hour 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.

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

2008 Ozone
NAAQS –
Serious
Classification

Reasonable Further
Progress plan and Motor
Vehicle Emission Budgets

2008 Ozone
NAAQS –
Serious
Classifications

New Source Review
Program (NNSR)
certification

2008 Ozone
NAAQS –
Serious
Classification

Certification of the State’s
Emission Statement
Program

2008 Ozone
NAAQS –
Serious
Classification

Clean Fuels for Fleets1

2015 Ozone
NAAQS –
Marginal &
Moderate
Classifications

New Source Review
Program (NNSR)

2015 Ozone
NAAQS - OTR

New Source Review
Program (NNSR)

1 In

Nonattainment
Areas
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 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
PhiladelphiaWilmingtonAtlantic City (PANJ-MD-DE) &
New Jersey’s
portion of the New
York-Northern
New Jersey-Long
Island (NY-NJ-CT)
Statewide

SIP
Submission
Date
January 2, 2018

November 23,
November 23,
November 23,
November 23,
November 23,
November 23,
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.

2015 Ozone
NAAQS –
Marginal &
Moderate
Classifications

Nonattainment emission
inventory under CAA
Section 182(a)(1)

New Jersey’s
portion of the
PhiladelphiaWilmingtonAtlantic City (PANJ-MD-DE) &
New Jersey’s
portion of the New
York-Northern
New Jersey-Long
Island (NY-NJ-CT)

November 23,
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.
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

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).

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 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 PhiladelphiaWilmington-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

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).
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.
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

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.
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:
•

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).

5 Sierra

Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).

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 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
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
Point Area Onroad Nonroad Biogenic
Prescribed
Burning
88,238
5,690
VOC 6,809 81,555 28,652 25,476
2,045
346
NOx 9,824 23,208 60,681 40,215

Total
for all
Sectors

Total
Anthropogenic

236,420
136,319

142,492
133,928

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)
VOC
County

Tons Per Summer Day

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.

Wildfire
Point
Area Onroad Nonroad
and
Biogenic
Prescribed
Sources Sources Sources Sources
Burning
Bergen
2.11
23.83
9.06
7.42
4.06
0.08
Essex
1.06
17.97
6.11
4.76
2.39
NA
Hudson
1.71
15.46
3.52
2.75
1.03
NA
Hunterdon 0.13
4.00
1.74
1.74
10.58
0.04
Middlesex 15.89
22.32
8.23
5.41
5.82
0.03
Monmouth 0.44
16.55
6.83
5.46
12.38
0.20
Morris
0.50
14.09
5.25
4.96
14.41
0.07
Passaic
0.77
12.15
3.98
2.59
8.36
0.14
Somerset
0.89
9.44
3.38
3.77
7.44
0.02
Sussex
0.16
3.93
1.54
1.59
17.30
0.15
Union
3.23
13.89
5.06
3.20
2.00
0.00
Warren
0.31
3.30
1.40
0.93
11.71
0.08
Total in
Northern
27.21
156.93
56.10
44.58
97.48
0.82
NAA
Area

Total

Total
Anthropogenic

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

383.12

284.82

Total

Total
Anthropogenic

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

241.15

238.75

NOx
Tons per Summer Day
County

Wildfire
Point
Area Onroad Nonroad
and
Biogenic
Prescribed
Sources Sources Sources Sources
Burning
Bergen
2.16
2.84
15.71
10.03
0.07
0.01
Essex
3.74
2.26
11.56
13.99
0.06
NA
Hudson
0.85
1.81
6.26
17.89
0.03
NA
Hunterdon 1.36
0.39
5.00
2.66
0.46
0.00
Middlesex
7.02
2.55
18.72
8.92
0.21
0.00
Monmouth 0.42
1.85
10.15
10.54
0.41
0.01
Morris
0.72
1.78
10.48
4.88
0.16
0.00
Passaic
0.15
1.25
5.37
3.49
0.07
0.01
Somerset
4.62
1.16
7.70
4.18
0.27
0.00
Sussex
0.10
0.42
1.84
1.38
0.27
0.01
Union
8.20
1.49
9.57
5.35
0.05
0.00
Warren
0.74
0.30
3.95
0.91
0.30
0.01
Total in
Northern
30.08
18.12
106.31
84.23
2.35
0.06
NAA
Area

Table 4 – Southern New Jersey Portion PA-NJ-MD-DE Ozone Nonattainment Area 2017
Emission Inventory of VOC and NOx (Tons per Summer Day)

VOC
Tons Per Summer Day
County

Wildfire
Point
Area Onroad Nonroad
and
Biogenic
Prescribed
Sources Sources Sources Sources
Burning
Atlantic
0.08
7.27
2.60
3.59
40.71
0.92
Burlington
1.06
13.70
4.73
4.26
50.31
0.14
Camden
0.67
12.56
4.62
2.55
15.62
0.10
Cape May
0.08
2.98
1.04
3.69
14.71
0.06
Cumberland 0.43
6.18
1.30
1.34
27.08
0.63
Gloucester
5.36
14.43
2.89
2.42
16.97
0.56
Mercer
0.36
10.20
7.02
2.60
9.72
0.01
Ocean
0.45
14.31
5.69
6.45
41.73
10.97
Salem
0.62
2.74
0.74
0.76
17.21
0.03
Total in
Southern
9.10
84.37
30.63
27.66
234.06
13.43
NAA Area

Total

Total
Anthropogenic

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

399.25

151.76

Total

Total
Anthropogenic

11.57
17.47
15.50
6.92
7.64
15.85
10.22
18.35
7.27

11.24
17.11
15.32
6.73
7.25
15.52
10.03
17.63
6.89

110.79

107.73

NOx
Tons per Summer Day
County

Wildfire
Point
Area Onroad Nonroad
and
Biogenic
Prescribed
Sources Sources Sources Sources
Burning
Atlantic
0.35
0.82
5.51
4.56
0.26
0.07
Burlington
1.63
1.33
8.98
5.17
0.35
0.01
Camden
2.27
1.43
7.73
3.88
0.18
0.00
Cape May
0.11
0.30
2.06
4.27
0.18
0.00
Cumberland 1.86
0.43
2.10
2.86
0.36
0.03
Gloucester
5.59
0.79
5.66
3.48
0.28
0.04
Mercer
1.02
1.40
3.60
4.01
0.19
0.00
Ocean
2.02
1.34
7.90
6.37
0.26
0.46
Salem
3.74
0.20
1.45
1.50
0.38
0.00
Total in
Southern
18.58
8.04
44.99
36.12
2.44
0.62
NAA Area
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

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.
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 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.
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.
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)

RFP Baseline
Inventory (2011):
NJ portion of
NY-NJ-CT area

379

261

240

2017 Projected,
controlled
emissions: NJ
portion of NYNJ-CT area
2017 Actual
Inventory: NJ
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.)

portion of NYNJ-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 3-year periods until the attainment date.10 The New Jersey portion of the NYNJ-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

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.

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
Description

VOC emissions
(tons/summer
day)

NOx Emissions
(tons/summer
day)

RFP Baseline
Inventory (2011):
NY portion of
NY-NJ-CT area

379

2020 Projected,
controlled
emissions: NY
portion of NYNJ-CT area

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

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.)

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.
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 NYNJ-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.
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

76.77

42.46

Vehicle Emission
Budgets: NJ
portion of NYNJ-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 NYNJ-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

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 46 of the State’s November 23, 2021 SIP submission.
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 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 statewide 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 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. 7:27-2114 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.

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)
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.
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-NYCT 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.
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-WilmingtonAtlantic 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

40 CFR 51.165(a)(1)(x).
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).
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 of the cleanfuel 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.
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

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.

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 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
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 heavyduty 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

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.
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.
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 (EO) include the
State’s first EJ EO issued by Governor James E. McGreevey in 2004 (EO No. 96), an EJ
EO issued by Governor Jon Corzine in 2009 (EO No. 131), an EJ AO issued by NJDEP
Commissioner Bob Martin in 2016 (AO 2016-08) and an EJ EO issued by Governor Phil
Murphy in 2018 (EO 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 GISmapping 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
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 EO 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 (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);

•

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 EO 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: 7/8/2024 4:15 pm; Publication Date: 7/10/2024]