2026-14923: Approval and Promulgation of State Implementation Plans; New Jersey; RACT Certifications for the 2008 and 2015 Ozone National Ambient Air Quality Standards

Federal Register, Volume 91 Issue 140 (Thursday, July 23, 2026) [Federal Register Volume 91, Number 140 (Thursday, July 23, 2026)] [Proposed Rules] [Pages 46351-46357] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-14923] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2026-0793; FRL-13420-01-R2] Approval and Promulgation of State Implementation Plans; New Jersey; RACT Certifications for 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 a State Implementation Plan (SIP) revision submitted by the State of New Jersey for purposes of certifying and meeting the requirements for Reasonably Available Control Technology (RACT) for the Serious classification of the 2008 and the Moderate classification of the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). EPA is also proposing to approve that the SIP revisions fulfill SIP requirements pertaining to the Ozone Transport Region (OTR) for the 2015 Ozone NAAQS. These actions are being taken in accordance with the requirements of the Clean Air Act (CAA).

Dates

Written comments must be received on or before August 24, 2026.

Addresses

Submit your comments, identified by Docket ID Number EPA- R02-OAR-2026-0793 at https://www.regulations.gov (our preferred method), or the other submission methods identified in the link below. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), 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. 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA public comment policy; information about CBI, PBI, or multimedia submissions; and general guidance on making effective comments.

For Further Information Contact

Fausto Taveras, Environmental Protection Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York 10007-1866; telephone number: (212) 637-3378; email address: [email protected].

Supplementary Information

Table of Contents: I. What did New Jersey submit? II. Background III. Summary and Evaluation of New Jersey's RACT Certification IV. EPA's proposed action V. 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 meeting the requirement for Reasonably Available Control Technology (RACT) \1\ 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 (also referred to as the New York Metro Area or NYMA) for the Serious classification. The submittal was also meant to satisfy 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 its separate RACT obligation within the OTR (CAA section 184(b)(1)(B)). Subsequently on March 3, 2025, New Jersey submitted a comprehensive SIP revision for the purposes of meeting the requirement of RACT for the 2015 Ozone NAAQS in the New Jersey portion of the Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) nonattainment area (also referred to as the Philly Area) for the Moderate classification. This proposed rulemaking addresses only New Jersey's RACT certifications identified in both of New Jersey's November 23, 2021, and March 3, 2025, comprehensive SIP submissions. EPA intends to act on the remaining elements in both SIP submissions in a future separate rulemaking. --------------------------------------------------------------------------- \1\ 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 (73 FR 16436, March 27, 2008). EPA determined that the revised 8-hour standard would be more protective of public health and welfare, especially with regard to children and adults who are active outdoors and individuals with a pre-existing lung disease such as asthma (73 FR 16436 at 73 FR 16450). On May 21, 2012, 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 (77 FR 30088, May 21, 2012). 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 all portions of the State were included in either the NY-NJ-CT nonattainment area or the Philly [[Page 46352]] Area nonattainment area.\2\ 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, EPA determined that the NYMA nonattainment area did not attain the 2008 ozone standard by the July 20, 2015, attainment date and reclassified it from a Marginal to a Moderate nonattainment area (81 FR 26697, May 4, 2016). State implementation plans for Moderate nonattainment areas were due by January 1, 2017 (81 FR 26697, May 4, 2016). Since the NYMA was reclassified to a Moderate nonattainment area, New Jersey, on January 2, 2018, submitted a comprehensive SIP revision that addressed attainment plan elements for the 2008 8-hour ozone standard for the Moderate classification. Subsequently, the NYMA also failed to meet a July 20, 2018, attainment date for certain Moderate areas. 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 (84 FR 44238, August 23, 2019). Since the NYMA was reclassified to a Serious nonattainment area, New Jersey, on November 23, 2021, submitted a comprehensive SIP revision that included attainment plan elements relating to the 2008 8-hour ozone standard for the Serious classification.\3\ Because the NYMA then failed to meet the July 20, 2021, attainment date for certain Serious areas, EPA published a final rule that reclassified the NYMA, along with other States' nonattainment areas, from Serious to Severe (87 FR 60926, October 7, 2022). This reclassification to Severe resulted in a revised attainment date for the NYMA of July 20, 2027 (87 FR 60926, October 7, 2022). A SIP submittal to address the RACT requirements associated with the Severe classification was due on May 7, 2024 (87 FR 60926 at 87 FR 60931). --------------------------------------------------------------------------- \2\ On November 2, 2017, EPA published a final determination that the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE marginal ozone nonattainment area had attained the 2008 ozone NAAQS by the July 20, 2016, attainment date. This determination of attainment was based upon EPA's review of certified air quality data for the 3-year period 2013 to 2015. As a result of this determination, EPA determined that the PA-NJ-MD-DE marginal ozone nonattainment area would not be reclassified for failure to attain by its applicable attainment date pursuant to CAA section 181(b)(2)(A) (82 FR 50814, November 2, 2017). \3\ EPA addressed various ozone elements, outlined in New Jersey's comprehensive November 23, 2021, SIP revisions, in a separate rulemaking (89 FR 71826, September 4, 2024). --------------------------------------------------------------------------- On June 4, 2018, EPA finalized certain designations and classifications for the 2015 8-hour ozone NAAQS nationwide, including New Jersey (83 FR 25776, June 4, 2018). The rule designated as a Moderate nonattainment area the New York Metropolitan Area covering, in New Jersey, Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union, and Warren Counties, and designating as a Marginal nonattainment area the Philadelphia- Wilmington-Atlantic City (PA-NJ-MD-DE) area covering, in New Jersey, Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, and Salem Counties (83 FR 25776 at 83 FR 25819. 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) (83 FR 62998, December 6, 2018). The rule contains RACT requirements similar to those outlined within the 2008 Ozone Implementation Rule. Since the NYMA was classified as a Moderate nonattainment area, New Jersey submitted on November 23, 2021, a comprehensive SIP revision addressing its Reasonably Available Control Technology (RACT) requirements for the 2015 8-hour ozone standard for the Moderate nonattainment requirements and OTR obligations under CAA section 184.\4\ Separately, on October 7, 2022, EPA determined that the Philadelphia-Wilmington-Atlantic City 2015 ozone nonattainment area failed to attain by the August 3, 2021, Marginal attainment date, and published a final rule that reclassified the Philadelphia-Wilmington- Atlantic City nonattainment area, along with other States' nonattainment areas, from Marginal to Moderate (87 FR 60897, October 7, 2022). Since the Philadelphia-Wilmington-Atlantic City nonattainment area was reclassified to a Moderate nonattainment area, on March 3, 2025, New Jersey submitted a comprehensive SIP revision that included a Moderate RACT certification to address both the NJ-NJ-CT and PA-NJ-MD- DE area's 2015 8-hour ozone NAAQS Moderate attainment plan obligation. On July 25, 2024, EPA granted a voluntary reclassification request under CAA section 181(b)(3) for the NY-NJ-CT nonattainment area for the 2015 ozone NAAQS, which reclassified the area from Moderate to Serious (89 FR 60314, July 25, 2024). Subsequently, on July 30, 2024, EPA granted another voluntary reclassification request under CAA section 181(b)(3) for the PA-NJ-MD-DE nonattainment area for the 2015 ozone NAAQS, which reclassified the area from Moderate to Serious (89 FR 61025, July 30, 2024).\5\ SIP submissions that address the requirements associated with these Serious classifications were due on January 1, 2026 (90 FR 5651, January 17, 2025). --------------------------------------------------------------------------- \4\ On September 4, 2025, EPA approved portions of a comprehensive SIP revision submitted by New Jersey on November 23, 2021, which included: (1) Reasonable Further Progress Plan and Motor Vehicle Emission Budgets for New Jersey's portion of the NY-NJ-CT area, addressing the 2008 Ozone NAAQS Moderate and Serious nonattainment classifications, respectively; (2) Certification of the State's New Source Review Program as it relates to New Jersey's portion of the NY-NJ-CT area for the 2008 Ozone NAAQS Serious classification; (3) Certification of the State's New Source Review Program as it relates to New Jersey's portion of the PA-NJ-MD-DE & NY-NJ-CT areas for the 2008 & 2015 Ozone NAAQS; (4) Certification of the State's Emission Statement Program as it related to New Jersey's portion of the NY-NJ-CT area for the 2008 Ozone NAAQS Serious classification; (5) Certification that New Jersey satisfied the requirements for Clean Fuel for Fleets, pursuant to CAA section 182(c)(4), as it relates to New Jersey's portion of the NY-NJ-CT nonattainment area; (6) Certification of the State's nonattainment emission inventory, pursuant to CAA section 182(a)(1), as it relates to New Jersey's portion of the PA-NJ-MD-DE & NY-NJ-CT areas for the 2008 & 2015 Ozone NAAQS (89 FR 71826, September 4, 2024). \5\ On June 24th 2026, EPA issued a final rule, under the authority of CAA section 107(d)(3)(D), to approve a request from the States of Maryland and Delaware to revise the Philadelphia nonattainment area. Specifically, the action revises the original Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment area for the 2008 ozone NAAQS and 2015 ozone NAAQS into three separate nonattainment areas that together cover the identical geographic area of the original nonattainment area. In that action, EPA also to issued Clean Data Determinations for the Cecil County, MD nonattainment area and New Castle County, DE nonattainment areas for the 2008 and 2015 ozone NAAQS (91 FR 33610, June 4, 2026). --------------------------------------------------------------------------- The RACT requirement is not new to New Jersey. The State already has RACT in place due to ozone nonattainment classifications under previous ozone NAAQS. Specifically, most of the counties located within the New Jersey portion of the NYMA for the 2008 ozone NAAQS were previously classified as Severe under the 1979 1-hour ozone NAAQS, and thus were required to implement RACT for all major sources with a potential to emit at least 25 tons per year (tpy) of either volatile organic compounds (VOC) or nitrogen oxides (NOX) (CAA section 182(d)).\6\ For purposes of the RACT analysis for the 2008 ozone standard, New Jersey retained the 1-hour ozone plan emission [[Page 46353]] threshold of 25 tpy or more for either NOX or VOC for major sources for the entire State, including the New Jersey portions of both the NY-NJ-CT and PA-NJ-MD-DE nonattainment areas (40 CFR 51.905). Further, the State was previously subject to RACT either as part of a Moderate nonattainment classification for previous ozone NAAQS or as part of the OTR (81 FR 26697, May 4, 2016).\7\ Under the 2008 8-hour ozone standard, in areas classified as Moderate or located in the OTR (which includes all of New Jersey), RACT is required for major stationary sources that emit or have the potential to emit 50 tpy for VOC or 100 tpy for NOX (81 FR 26697 at 81 FR 26704). Meanwhile, under the 2008 8-hour ozone standard for areas classified as Serious, RACT is required for major sources that emit or have the potential to emit 50 tpy of VOC or NOX (Appendix A to Subpart A of Part 51, Title 40). --------------------------------------------------------------------------- \6\ The 2008 Ozone NAAQS designation for the New Jersey portion of the New York- Northern New Jersey- Long Island, NY-NJ-CT nonattainment area included Warren County (77 FR 30088, May 21, 2012). Warren County was not included within the New Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, nonattainment area for the 1979 Ozone NAAQS. See https://www3.epa.gov/airquality/greenbook/obca.html#Ozone_1-hr.1990.New_York. \7\ CAA section 184(a) established a single OTR comprising all or part of 12 eastern States and the District of Columbia. --------------------------------------------------------------------------- Section 182(b)(2) of the CAA requires States to implement RACT in areas classified as Moderate (and higher) nonattainment for ozone, while sections 184(b)(1)(B) and 184(b)(2) of the CAA require VOC RACT in States located in the OTR, and, along with section 182(f), requires NOX RACT in the OTR. RACT must be implemented for all major VOC and NOX emission sources and for all sources covered by a control technique guideline (CTG). A CTG is a document issued by EPA which provides recommendations to inform State, local, and Tribal air agencies as to what constitutes RACT for specific VOC sources. States must submit either rules for sources covered by a CTG, or negative declarations if no such sources exist. A related set of guidance documents, Alternative Control Techniques (ACT), exists primarily for NOX control requirement recommendations. RACT must be imposed on major sources of NOX, and some of those major sources may be within a sector covered by an ACT document. On March 6, 2015, EPA published a final rule that outlines the obligations that areas found to be in nonattainment of the 2008 ozone NAAQS need to address (2008 Ozone Implementation Rule) (80 FR 12264, March 6, 2015). This rule contains, among other things, a description of EPA's expectations for States with RACT obligations. The 2008 Ozone Implementation Rule provides that States can meet RACT through the establishment of new or more stringent requirements that meet RACT control levels, or through a certification that previously adopted RACT controls in the SIP, that were approved by EPA, represent adequate RACT control levels for attainment of the 2008 ozone NAAQS, or a combination of these two approaches. In addition, a State must submit a negative declaration in instances where there are no sources covered by a given CTG. 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 RACT Certifications

On November 23, 2021, New Jersey submitted a SIP which included a certification that the State's existing and previously-approved regulations for major sources within the State satisfy the criteria for RACT for purposes of the Moderate classification for the NY-NJ-CT nonattainment area, and statewide RACT obligations tied to the OTR for the 2015 ozone NAAQS. The submittal also contained a certification that the State's regulations, which have been previously approved in the State's SIP, are sufficient to comprise RACT for the NY-NJ-CT nonattainment area's Serious classification for the 2008 ozone NAAQS. On March 3, 2025, New Jersey submitted a SIP revision certifying that its November 2021 RACT SIP for the 2015 8-hour ozone NAAQS (Moderate classification) applies to the New Jersey portions of both the NY-NJ-CT and Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) nonattainment areas. Both New Jersey's November 2021 and March 2025 SIP submissions were made pursuant to CAA sections 182(b)(2), 184(b)(1), and 182(f), and in accordance with EPA's 2018 Ozone Implementation Rule. On October 9, 2018, EPA approved New Jersey's statewide 2008 NAAQS RACT SIP submission for requirements associated with the Moderate area classification and the OTR (83 FR 50506, October 9, 2018).\8\ Following EPA's approval of New Jersey's statewide 2008 NAAQS RACT SIP submission for requirements associated with the Moderate area classification and the OTR, the NYMA was reclassified to Serious nonattainment since the area failed to attain the standard by the applicable July 20, 2018, attainment date (84 FR 44238, August 23, 2019). Therefore, under the 2008 8-hour ozone NAAQS Serious classification, RACT is required for major sources that emit or have the potential to emit 50 tpy of VOC or NOX (Appendix A to Subpart A of Part 51, Title 40). --------------------------------------------------------------------------- \8\ The Agency noted that New Jersey supplemented its initial June 11, 2015, submission with a December 14, 2017, submittal to address certain CTGs not addressed in the State's initial submittal. --------------------------------------------------------------------------- Within New Jersey's November 23, 2021, RACT submittal, the State notes that prior nonattainment designations for New Jersey's portion of the NYMA under the previous 1979 and 1997 ozone standards resulted in the adoption of stringent controls for major sources of VOC and NOX, including RACT level controls. Although the entire State is not classified as Severe for the 2008 ozone NAAQS, New Jersey's major source applicability threshold for both VOC and NOX has been currently maintained at 25 tpy statewide, due to anti-backsliding and the NYMA previously being designated as Severe for the 1979 (1-hour) ozone standard, where the major source threshold is 25 tpy (56 FR 56694, November 6, 1991). In accordance with the 2008 and 2015 Ozone Implementation Rules, much of New Jersey's submittal consists of a review of RACT controls adopted under previous ozone standards and a certification that those previously adopted controls still represent RACT for the Serious and Moderate classifications of the 2008 and 2015 ozone NAAQS, respectively. Specifically, New Jersey conducted its RACT certification by researching New Jersey's Environmental Management System (NJEMS) permitting and emission inventory databases, comparing the existing New Jersey RACT rules with EPA's CTG and ACTs, and comparing the stringency of New Jersey's RACT regulations to those in other OTR States. Additionally, New Jersey notes that as a member State of the OTR, it continuously coordinates with the Ozone Transport Commission to identify and adopt, as deemed appropriate, regulations on additional VOC and NOX categories beyond those for which EPA has issued CTGs or ACT documents. As a part of New Jersey's November 23, 2021, submission, the State provides a certification of VOC and NOX RACT for non-CTG major sources. In 2009, New Jersey adopted VOC and NOX RACT for major non-CTG sources located in the State under New Jersey Administrative Code, Title 7, Chapter 27 (N.J.A.C. 7:27) Subchapter 16 and Subchapter 19. Those sources for which EPA guidance was not published, but [[Page 46354]] for which the State established RACT, include:

IV. EPA's Proposed Action

EPA proposes to approve New Jersey's SIP revisions dated November 23, 2021, and March 3, 2025, addressing RACT for: (1) the 2008 8-hour ozone NAAQS in the New Jersey portion of the New York-Northern New Jersey-Long Island Serious nonattainment area; (2) the 2015 8-hour ozone NAAQS (Moderate classification) in the NYMA; (3) the statewide 2015 ozone RACT obligation within the OTR, consistent with CAA Section 184(b)(1); (4) and the 2015 8-hour ozone NAAQS (Moderate classification) for the New Jersey portion of the Philadelphia- Wilmington-Atlantic City (PA-NJ-MD-DE) Moderate nonattainment area. 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. 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 Order 12866 (58 FR 51735, Oct. 4, 1993); Is not subject to Executive order 14192 (90 FR 9065, Feb. 6, 2025) because SIP actions are exempt from review under Executive Order 12866; 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, Aug. 10, 1999); Is not subject to Executive Order 13045 (62 FR 19885, Apr. 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, this proposed rulemaking pertaining to New Jersey's submissions, is not approved to apply on any Indian reservation land or in any other area where 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, Nov. 9, 2000). List of Subjects in 40 CFR Part 52 Environmental Protection, Air Pollution Control, Incorporation by Reference, Intergovernmental Relations, Nitrogen Dioxide, Ozone, Reporting and Recordkeeping Requirements, Volatile Organic Compounds. Authority: 42 U.S.C. 7401 et seq. Michael Martucci, Regional Administrator, Region 2. [FR Doc. 2026-14923 Filed 7-22-26; 8:45 am] BILLING CODE 6560-50-P