Notice of Final Equivalent Alternative Program Demonstration for CAA Section 185 Requirements for the Revoked 1-Hour Ozone NAAQS

The State of New Jersey has finalized an Equivalent Alternative Program Demonstration pursuant to obligations under Clean Air Act (CAA) Section 185 for the revoked 1979 1-hour ozone National Ambient Air Quality Standard (NAAQS) in the New Jersey portion of the New York-N. New Jersey-Long Island Severe-17 Nonattainment Area. This program demonstrates that New Jersey’s Clean Energy Program (NJCEP) is an acceptable alternative program to satisfy the Section 185 fee program requirements for the revoked 1979 1-hour ozone NAAQS.  The actual fees expended by NJCEP exceed the fees that would have been collected by the CAA Section 185 fee program, supporting that the program is “not less stringent” and fulfills all requirements for an acceptable alternative program.

A copy of the Department’s final alternative program demonstration is available on the Department’s website at NJDEP| Air Planning | State Implementation Plan (SIP) Dashboard.