What Facilities Should Take From EPA's New Jersey RACT Approval
When EPA approves a state's RACT certification, the supporting record becomes part of the federally approved SIP. Most New Jersey limits under N.J.A.C. 7:27-16 and 7:27-19 were already federally enforceable, so this approval mostly confirms existing requirements. It is still a good prompt for NOx and VOC emitters to check that their permit limits, compliance demonstrations and records line up with what the state certified.
On October 8, 2026, EPA published a final action titled "Approval and Promulgation of State Implementation Plans; New Jersey; RACT Certifications for the 2008 and 2015 Ozone National Ambient Air Quality Standards" (Federal Register document 2026-20638). EPA is approving a State Implementation Plan (SIP) revision from New Jersey that certifies the state meets Reasonably Available Control Technology (RACT) requirements for the Serious classification of the 2008 8-hour ozone standard and the Moderate classification of the 2015 8-hour ozone standard. EPA is also approving the revisions as meeting SIP requirements tied to the Ozone Transport Region.
You can read the notice at the Federal Register. The notice itself lists the effective date, the docket and the specific rules and permits EPA relied on, and those details drive your site-specific obligations, so check them against your permits.
What Is RACT and Why Does It Keep Coming Back?
RACT is the Clean Air Act's baseline for controlling existing stationary sources of ozone precursors, which are nitrogen oxides (NOx) and volatile organic compounds (VOCs). EPA has long defined it as the lowest emission limit a particular source can meet by applying control technology that is both technologically and economically feasible, meaning reasonably available. It is a source-by-source judgment, not a single national number.
Two statutory pieces matter most for New Jersey:
- Clean Air Act section 182(b)(2) and 182(f): Areas classified Moderate or higher must adopt RACT for sources covered by EPA Control Techniques Guidelines (CTGs), for non-CTG major VOC sources, and for major NOx sources.
- Clean Air Act section 184(b): Every state in the Ozone Transport Region (OTR), which includes New Jersey, must apply RACT to sources covered by CTGs and to all major VOC sources, regardless of the area's own classification. Section 184(b)(2) sets the major source threshold in the OTR at 50 tons per year of VOC.
RACT keeps coming back because each time EPA tightens or reclassifies an ozone standard, states have to revisit whether their existing limits still qualify. A state can certify that existing rules already satisfy RACT, or it can adopt new or revised rules. Either way, EPA has to approve the submission into the SIP.
Why Two Ozone Standards and Two Classifications?
EPA set the 2008 ozone standard at 0.075 parts per million (75 ppb) and the 2015 standard at 0.070 ppm (70 ppb). Both use an 8-hour averaging time. Parts of New Jersey sit in nonattainment areas under both, and the areas were classified differently, which is why this action pairs a Serious-level RACT showing for 2008 with a Moderate-level showing for 2015.
The classification matters to you because it sets the major source threshold. Under the Clean Air Act, a major source in a Moderate area is generally one emitting 100 tons per year of NOx or VOC, while a Serious area drops that to 50 tons per year (section 182(c)). These are not alternatives for a given site: a facility in areas covered by both standards is held to the stricter threshold. In the OTR, section 184(b)(2) also sets a 50 tpy major source threshold for VOC across all of New Jersey, while NOx follows the area classification.
| Element | 2008 Ozone NAAQS (Serious) | 2015 Ozone NAAQS (Moderate) |
|---|---|---|
| Standard level | 75 ppb, 8-hour | 70 ppb, 8-hour |
| Statutory basis for RACT | CAA 182(b)(2), 182(c), 182(f) | CAA 182(b)(2), 182(f) |
| Typical major source threshold (NOx or VOC) | 50 tpy | 100 tpy |
| Ozone Transport Region overlay | CAA 184(b) applies | CAA 184(b) applies |
| What New Jersey submitted | RACT certification SIP revision | RACT certification SIP revision |
The 50 tpy figure for Serious areas and 100 tpy for Moderate areas come from the Clean Air Act itself. Because the OTR provision applies statewide, a VOC source at 50 tpy or more is a major source in New Jersey regardless of its county's classification. For NOx, confirm the threshold for your county in the notice and New Jersey's rules.
What Did EPA Actually Approve?
EPA took three related steps. It approved New Jersey's SIP revision certifying that the state has met RACT for the 2008 Serious classification. It approved the same kind of certification for the 2015 Moderate classification. And it approved that those revisions satisfy the SIP requirements pertaining to the Ozone Transport Region.
EPA's framework for these showings comes from its ozone SIP requirements rules: the 2008 rule published at 80 FR 12264 (March 6, 2015) and the 2015 rule published at 83 FR 62998 (December 6, 2018). Those rules say how states demonstrate RACT, including the option to certify that existing regulations already meet the standard, supported by an analysis. The regulatory text for the 2008 standard sits in 40 CFR 51.1312.
New Jersey's underlying control rules are in its air pollution control code at N.J.A.C. 7:27. The ones that most often matter for RACT are Subchapter 16 (control and prohibition of air pollution by volatile organic compounds) and Subchapter 19 (control and prohibition of air pollution from oxides of nitrogen). Those are the rules whose limits EPA is treating as satisfying RACT.
What Changes for Regulated Facilities?
The honest answer is that for most facilities already complying with N.J.A.C. 7:27-16 and 7:27-19, nothing new appears on day one. A certification approval does not by itself create a new emission limit. What it does is lock in the existing limits and the supporting record as part of the federally approved SIP.
That has practical consequences:
- Federal enforceability. Once a state limit is in the approved SIP, EPA and citizens can enforce it under Clean Air Act sections 113 and 304, not just the state. A violation of a SIP-approved limit is a federal violation too.
- Harder to loosen later. Changing a SIP-approved limit generally requires a SIP revision, subject to Clean Air Act section 110(l) anti-backsliding review. If you were hoping to negotiate a relaxed limit in a future permit renewal, the path is longer.
- Permit conditions carry more weight. Case-by-case RACT determinations written into your Title V operating permit or a preconstruction permit are part of what the state relied on. Treat them as the baseline the agency will check.
- Records matter. Stack test results, continuous emission monitoring data, fuel use logs and work practice records are what prove you meet the limits you are certified under.
A Practical Review for the Next 30 to 60 Days
I would not wait for an inspector to ask. Here is how I would approach it for a NOx or VOC emitter in New Jersey.
Step 1: Confirm your applicability
Pull your most recent potential-to-emit calculations and compare them against the thresholds that apply to you: 50 tpy for VOC anywhere in New Jersey (OTR), and for NOx 50 tpy in a Serious area or 100 tpy in a Moderate area. Look at the whole facility, since aggregation of emission units drives major source status. If you are near a threshold, document the basis for your calculation.
Step 2: Map each emission unit to its RACT basis
For each significant unit (boilers, turbines, engines, coating lines, solvent users, storage tanks), identify the specific N.J.A.C. 7:27 subchapter or permit condition that serves as its RACT limit. Gaps in this map are where findings come from.
Step 3: Check compliance demonstrations
Verify that required stack tests were done on schedule, that monitoring data is complete, and that deviation reports were filed. If a unit relies on a tune-up or an operating parameter, confirm the logs exist and are signed.
Step 4: Review pending changes
If you are planning a modification, a fuel switch, or a new unit, think about how it interacts with the SIP-approved limits before you file the permit application.
Step 5: Read the docket
Open the docket for this action on regulations.gov and look at what New Jersey submitted and any comments. If your facility or your trade group commented, see how EPA responded. That tells you where the agency sees flexibility and where it does not.
What to Watch Next
- State rule updates. New Jersey may amend N.J.A.C. 7:27-16 or 7:27-19 in later rulemakings, and each amendment typically needs its own SIP submittal.
- Other states in the region. Neighboring OTR states are working through the same cycle, and their approvals can affect interstate transport arguments.
The takeaway: if you hold a New Jersey air permit, confirm which of your conditions are RACT-based and that your records support them before someone asks. If you want help with that review, contact us.
Disclaimer: This article summarizes a Federal Register action for general information. It is not legal advice, and it does not replace reading the final rule and your own permits.
Last updated: 2026-10-09
Frequently Asked Questions
What did EPA approve in the New Jersey RACT action published October 8, 2026?
EPA approved a New Jersey SIP revision certifying that the state meets Reasonably Available Control Technology requirements for the Serious classification of the 2008 8-hour ozone NAAQS and the Moderate classification of the 2015 8-hour ozone NAAQS. EPA also approved that the revisions satisfy SIP requirements tied to the Ozone Transport Region. The notice is Federal Register document 2026-20638.
Does this approval create new emission limits for New Jersey facilities?
A certification approval does not by itself create a new emission limit. It makes the existing limits, such as those in N.J.A.C. 7:27-16 and 7:27-19 and your permit conditions, part of the federally approved SIP, which means they are enforceable by EPA and citizens as well as by the state.
What are the major source thresholds that drive RACT applicability?
Under the Clean Air Act, a major source in a Moderate ozone area generally emits 100 tons per year of NOx or VOC, and in a Serious area the threshold is 50 tons per year. Section 184(b)(2) also sets a 50 tpy major VOC threshold across the Ozone Transport Region, which includes New Jersey.
What is the Ozone Transport Region and why does it matter here?
The Ozone Transport Region is a group of Northeast and Mid-Atlantic states established under Clean Air Act section 184. Because ozone precursors travel across state lines, states in the region must apply RACT to CTG-covered sources and major VOC sources regardless of their own area classification.
What should a New Jersey facility do after this approval?
Confirm your potential to emit against the applicable thresholds, map each emission unit to the rule or permit condition that serves as its RACT basis, verify that stack tests, monitoring data and deviation reports are complete, and read the notice and docket for the effective date and the details EPA relied on.
Jared Clark
Principal Consultant, Certify Consulting
Jared Clark is the founder of Certify Consulting, helping organizations achieve and maintain compliance with international standards and regulatory requirements.