Rule2025-20194
Air Plan Approval; New Jersey; Northern New Jersey and Southern New Jersey Counties' Second 10-Year Limited Maintenance Plan for the 2006 24-Hour PM2.5 Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2025
Effective
December 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the limited maintenance plan (LMP) for the 2006 PM<INF>2.5</INF> national ambient air quality standard (NAAQS) for the New Jersey portion of both of New Jersey's multi-state maintenance areas: the Northern New Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT (Northern New Jersey) maintenance area and the New Jersey portion of the Philadelphia-Wilmington, PA-NJ-DE (Southern New Jersey) maintenance area. This LMP was submitted on July 6, 2023, and supplemented on June 6, 2024, by the New Jersey Department of Environmental Protection (NJDEP). The plan addresses the second 10-year maintenance period for particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, known as PM<INF>2.5</INF>. This action is being taken in accordance with the requirements of the Clean Air Act (CAA). The EPA is approving New Jersey's LMP submission for the Northern New Jersey and Southern New Jersey maintenance areas because it provides for the maintenance of the 2006 24-hour PM<INF>2.5</INF> NAAQS through the end of the second 10-year portion of the maintenance period. In addition, the EPA finds adequate and is approving the LMP because it meets the appropriate transportation conformity requirements. EPA proposed to approve this action on July 31, 2025.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Rules and Regulations]
[Pages 51525-51527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20194]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2024-0288; FRL-12047-02-R2]
Air Plan Approval; New Jersey; Northern New Jersey and Southern
New Jersey Counties' Second 10-Year Limited Maintenance Plan for the
2006 24-Hour PM2.5 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
limited maintenance plan (LMP) for the 2006 PM<INF>2.5</INF> national
ambient air quality standard (NAAQS) for the New Jersey portion of both
of New Jersey's multi-state maintenance areas: the Northern New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
(Northern New Jersey) maintenance area and the New Jersey portion of
the Philadelphia-Wilmington, PA-NJ-DE (Southern New Jersey) maintenance
area. This LMP was submitted on July 6, 2023, and supplemented on June
6, 2024, by the New Jersey Department of Environmental Protection
(NJDEP). The plan addresses the second 10-year maintenance period for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 2.5 micrometers, known as PM<INF>2.5</INF>. This action is
being taken in accordance with the requirements of the Clean Air Act
(CAA). The EPA is approving New Jersey's LMP submission for the
Northern New Jersey and Southern New Jersey maintenance areas because
it provides for the maintenance of the 2006 24-hour PM<INF>2.5</INF>
NAAQS through the end of the second 10-year portion of the maintenance
period. In addition, the EPA finds adequate and is approving the LMP
because it meets the appropriate transportation conformity
requirements. EPA proposed to approve this action on July 31, 2025.
DATES: This final rule is effective on December 18, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2024-0288 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Although listed in the
index, some information is not publicly available, e.g., Controlled
Unclassified Information (CUI) (formerly 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Environmental Protection
Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York
10007-1866, telephone number: (212) 637-3382, email address:
<a href="/cdn-cgi/l/email-protection#b6d4d7d8d9d898cfc5d7d4d3daf6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="3a585b5455541443495b585f567a5f4a5b145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
Hereafter, ``Northern New Jersey'' means the New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT maintenance area
(for the 2006 24-hour PM<INF>2.5</INF> NAAQS), which is comprised of
Bergen, Essex, Hudson, Mercer, Middlesex, Monmouth, Morris, Passaic,
Somerset, and Union Counties, and ``Southern New Jersey'' means the New
Jersey portion of the Philadelphia-Wilmington, PA-NJ-DE maintenance
area (for the 2006 24-hour PM<INF>2.5</INF> NAAQS), which is comprised
of Burlington, Camden, and Gloucester Counties. On December 14, 2009,
EPA designated the Northern New Jersey and Southern New Jersey areas as
nonattainment for the 2006 PM<INF>2.5</INF> NAAQS (74 FR 58688).
Subsequently, on September 4, 2013, EPA redesignated the Northern New
Jersey and Southern New Jersey areas to attainment for the 2006
PM<INF>2.5</INF> NAAQS (78 FR 54396) and approved the associated
maintenance plan into the New Jersey State Implementation Plan (SIP).
On July 31, 2025, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of New Jersey (90 FR 35996). The NPRM proposed
approval of the State's second, 10-year LMP for the 2006 24-hour
PM<INF>2.5</INF> standard for the Northern New Jersey and Southern New
Jersey areas. The formal SIP revision was submitted by NJDEP on July 6,
2023, and supplemented on June 6, 2024. EPA is approving the plan
because it meets all applicable requirements under CAA sections 110 and
175A. We also find the LMP to be adequate as it pertains to
transportation conformity requirements. Other specific requirements of
the LMP and the rationale for EPA's action are explained in the NPRM
and will not be restated
[[Page 51526]]
here. One public comment was received on the NPRM.
II. Response to Comments
In response to the EPA's July 31, 2025, proposed rulemaking on the
NJDEP SIP revision submittal, the EPA received one comment during the
30-day public comment period. The comment period ended on September 2,
2025. After reviewing the comment, the EPA has determined that the
comment is outside the scope of our proposed action or fails to
identify any material issue necessitating a response. The comment does
not raise issues germane to the EPA's proposed action. Therefore, we
are finalizing our action as proposed. The specific comment may be
viewed under Docket ID No. EPA-R02-OAR-2024-0288 on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
III. Final Action
EPA is approving the New Jersey's LMP for the Northern New Jersey
and Southern New Jersey areas for the 2006 24-hour PM<INF>2.5</INF>
NAAQS as a revision to the New Jersey SIP submitted on July 6, 2023,
and supplemented on June 6, 2024. EPA's review of the air quality data
for the maintenance area indicates that the State continues to show
attainment well below the level of the 2006 PM<INF>2.5</INF> NAAQS and
that NJDEP's LMP meets all the LMP qualifying criteria set forth in the
``Guidance on Limited Maintenance Plan Option for Moderate
PM<INF>2.5</INF> Nonattainment Areas and PM<INF>2.5</INF> Maintenance
Areas.'' \1\ EPA's approval of this LMP will satisfy the CAA section
175A requirements for the second 10-year period for the Northern New
Jersey and Southern New Jersey maintenance areas. EPA also finds the
LMP to be adequate as it pertains to transportation conformity
requirements.
---------------------------------------------------------------------------
\1\ The guidance document developed by the Office of Air Quality
Planning and Standards and the Office of Transportation and Air
Quality, within the Office of Air and Radiation, titled ``Guidance
on the Limited Maintenance Plan Option for Moderate PM<INF>2.5</INF>
Nonattainment Areas and PM<INF>2.5</INF> Maintenance Areas,'' can be
found at <a href="https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1015UL4.pdf">https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1015UL4.pdf</a>.
---------------------------------------------------------------------------
IV. 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 approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 CAA.
In addition, the SIP 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, November 9, 2000).
This action is subject to the Congressional Review Act (CRA), and
EPA will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 20, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review, nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Michael Martucci,
Regional Administrator, Region 2.
For the reasons set forth in the preamble, EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FF--New Jersey
0
2. In Sec. 52.1570, the table in paragraph (e) is amended by adding
the entries ``NJ second 10-year limited maintenance plan SIP for the
2006 24-hour PM<INF>2.5</INF> NAAQS'' and ``2017 attainment year
emissions inventory for directly emitted PM<INF>2.5</INF> and
associated precursors emissions for NOx, VOC, NH3, and SO<INF>2</INF>''
at the end of the table to read as follows:
Sec. 52.1570 Identification of plan.
* * * * *
(e) * * *
[[Page 51527]]
EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
SIP element geographic or New Jersey EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
NJ second 10-year limited New Jersey portion July 6, 2023, and 11/18/2025, 90 FR <bullet> Full
maintenance plan SIP for the of the New York- supplemented on [insert Federal approval.
2006 24-hour PM2.5 NAAQS. Northern New June 6, 2024. Register page
Jersey-Long where the
Island, NY-NJ-CT document begins].
and the New
Jersey portion of
the Philadelphia-
Wilmington, PA-NJ-
DE, PM2.5
nonattainment
areas.
2017 attainment year emissions New Jersey portion July 6, 2023, and 11/18/2025, 90 FR <bullet> Full
inventory for directly emitted of the New York- supplemented on [insert Federal approval.
PM2.5 and associated precursors Northern New June 6, 2024. Register page <bullet> The
emissions for NOX, VOC, NH3, Jersey-Long where the inventory
and SO2. Island, NY-NJ-CT document begins]. contains point,
and the New area, fugitive
Jersey portion of road dust,
the Philadelphia- nonroad, on-road
Wilmington, PA-NJ- and fires source
DE, PM2.5 data.
nonattainment
areas.
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1602, add paragraphs (i) and (j) to read as follows:
Sec. 52.1602 Control strategy and regulations: PM2.5.
* * * * *
(i) Approval--The maintenance plan submitted on July 6, 2023, and
supplemented on June 6, 2024, for the 2006 p.m.2.5 National Ambient Air
Quality Standard for the New Jersey portion of the New York-Northern
New Jersey-Long Island, NY-NJ-CT, PM<INF>2.5</INF> maintenance area and
the New Jersey portion of the Philadelphia-Wilmington, PA-NJ-DE,
PM<INF>2.5</INF> maintenance area has been approved.
(j) Approval--The 2017 attainment year emissions inventory for the
New Jersey portions of the New York-Northern New Jersey-Long Island,
NY-NJ-CT, PM<INF>2.5</INF> maintenance area and the Philadelphia-
Wilmington, PA-NJ-DE, PM<INF>2.5</INF> maintenance area consisting of
NO<INF>X</INF>, VOC, NH<INF>3</INF>, directly emitted PM<INF>2.5</INF>,
and SO<INF>2</INF> emissions. This inventory satisfies the
comprehensive emission inventory requirements of the Clean Air Act
section 172(c)(3).
[FR Doc. 2025-20194 Filed 11-17-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 18, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.