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Murphy DEP Seeking 9 Year Delay For Compliance With National Ozone Air Quality Standard

Environmental And Climate Groups Oppose DEP Extension Request 

Very Little Public Participation In DEP’s Public Hearing This Morning

Source: NJ DEP Ozone SIP

Source: NJ DEP Ozone SIP

The Murphy DEP is seeking a 9 year delay, until 2033, for compliance with the 70 part per billion National Ambient Air Quality Standard (NAAQS) for ground level ozone:

Reclassification Request for Northern NJ-NY-CT Nonattainment Area

As discussed in New Jersey’s letter to USEPA dated May 23, 2024, based on monitoring data and modeling data, New Jersey requests a voluntary reclassification for the Northern NJ-NY-CT Nonattainment Area from Moderate to Severe, with a new attainment date of August 3, 2033. (SIP @ p. xix)

NJ is not in compliance with the current standard, failing to meet the standard on 17 days in 2023. Ozone is a major threat to public health, see DEP Ozone SIP:

Ozone causes health problems because it damages lung tissue, reduces lung function, and sensitizes the lungs to other irritants. Ozone has long been known to increase the incidence of asthma attacks in susceptible individuals. Ozone exposure also makes the lungs more vulnerable to lung diseases such as pneumonia and bronchitis. Ozone not only affects people withs impaired respiratory systems, such as asthmatics, but healthy adults and children as well. Exposure to ozone for several hours at relatively low concentrations significantly reduces lung function and induces respiratory inflammation in normal, healthy people during exercise. This decrease in lung function is generally accompanied by symptoms such as chest pain, coughing, sneezing, and pulmonary congestion. Recent research in southern California strongly suggests that, in addition to exacerbating existing asthma, ozone also causes asthma in children.39 Longer-term exposure to ozone can also lead to scarring of the lung tissue and permanent reductions in lung capacity.40 Long-term exposure to ozone can eventually lead to premature death.41

Climate change and increasing number of extreme heat days will only make current problems worse, as high temperatures exacerbate ozone formation and lead to higher levels.

The DEP held a public hearing on the proposed State Implementation Plan (SIP) proposal this morning.

The DEP submitted the proposed SIP and 2033 extension request to the EPA for approval.

DEP is also asking for an extension and compliance relied under an “Extreme Events Demonstration” as a result of wildfires in Canada and the Midwest that impacted NJ’s air quality last June.

Two environmental groups testified to oppose the delay request: Ken Dolsky of Don’t Gas The Meadowlands and Amy Goldsmith of Clean Water Action.

Both made similar comments about the need to ratchet down on current pollution sources and impose mandatory measurable and enforceable pollution control strategies. Both emphasized the impacts of climate change on extreme weather and the number and intensity of bad air ozone days.

I testified as a citizen.

I criticized the procedural error the Department made in posting an incorrect date of the public hearing on the DEP website. I requested that the DEP go back to square 1 and republish a new 30 day comment period and hold real public hearings across the state. I also criticized the lack of public outreach and community involvement, particularly in disproportionately burdened environmental justice communities.

I also criticized the closure of the Newark air quality monitoring station and failure to open a replacement. I noted conflicts between the DEP’s claims of 17 monitoring stations versus reporting data from only 8 of them. And I called for an expansion of the network to measure actual ground level urban conditions where people breathe. see:

“The NJDEP currently measures ozone concentrations at 16 sites in New Jersey. Seventeen sites were running prior to September 2022. The Newark Firehouse site was closed in September 2022 and NJDEP is currently working on re-establishing a new monitor in Newark City.” (@ page 2-1)

I opposed the wildfire exceptional event demonstration. see:

I noted significant inconsistencies and conflicts in data, particularly with respect to projected climate related emissions reductions versus various projected growth factors, particularly for use of natural gas. DEP SIP projects emissions reductions and compliance, yet many other variables are increasing.

Finally, I questioned the assumptions, data and models for the Transportation Conformity Analysis. There have been major increases in highway and port capacity, vehicle miles driven, and emissions, yet the SIP relies on projected reductions in mobile source emissions, despite all this growth!

I was pleased by Ken’s and Amy’s testimony, but disappointed that there was no other environmental groups or citizens participating, given the importance of this DEP plan for public health.

I’ll file a request for a hearing transcript and post a link when I get it.

In the meantime, the public comment period is still open until July 17 and people should reach out to EPA and demand that they deny DEP’s extension request and enforce the Clean Air Act. This would force DEP to crack down on polluters and reduce emissions.

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