JON S. CORZINE 

Governor 

§httr of Nrw Jlrrzry 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

PO Box 402 

TRENTON, NJ 08625-0402 

TEL. # (609) 292-2885 

FAX # (609) 292-7695 

January 18, 2007 

Theodore Gordon, Chief Operating Officer 

District of Columbia Department of Health 

825 North Capitol street, NE, Room 4165 

Washington, DC 20002 

Dear Mr. Gordon, 

LISA P. JACKSON 

Commissioner 

New Jersey is home to an area designated as a Class I area under Section 169A of the 

federal Clean Air Act, namely PIe Brigantine Wilderness area of the Edwin B. Forsythe National 

Wildlife Refuge. This area is one of 156 Class I areas located throughout the United States. Among 

the Class I areas in the eastern United States are the Otter Creek Wilderness area in West Virginia, 

Shenandoah National Park in Virginia, the Cape Romain Wilderness area in South Carolina and 

Acadia National Park in Maine. States with Class I areas are required to maintain and improve 

visibility in these areas to achieve natural background conditions by the, year 2064. Existing 

visibility impairment in these Class I areas, also called regional haze, is caused by many sources 

located over a wide region. 

All States, regardless of whether they are home to a Class I area, must prepare a State 

Implementation Plan (SIP) for Regional Haze by December, 2007, to meet the United States 

Environmental Protection Agency (USEP A) rules implementing Section 169A of the Clean Air Act 

(40 CFR 51.300). This Regional Haze SIP must demonstrate that reasonable progress towards 

improved visibility at the nearby Class I area will be made by certain milestone years. The first 

milestone year is 2018. The regulations at 40 CFR 51.308 (d) (1) (iv) require States with Class I 

areas to develop reasonable progress goals in consultation with any State that may reasonably cause 

or ,contribute to visibility impairment in the Class I area. This letter is part of New Jersey's 

consultation process for improving visibility at Brigantine. 

Thus we are seeking your consultation on the reasonable progress goal and development of a 

coordinated emissions management strategy. For the purpose of establishing reasonable progress 

goals for the first Regional Haze SIP, the New Jersey Department of Environmental Protection has 

identified several States that may reasonably contribute to visibility impairment at Brigantine5 

or 

5 From the report entitled "Contributions to Regional Haze in the Northeast and Mid-Atlantic United States", prepared 

by NESCAUM for the Mid-Atlantic / Northeast Visibility Union (MANE-VU), August 2006. 

New Jersey Is All Equal Opportullity Employer • Prill ted Oil ReC)lcled Paper and ReC)lclable 
. / 

that are members of the Mid-Atlantic Northeast -Visibility UniOIi (MANE-VU) planning 

organization. These States and the reason ror their inclusion in our first consultation process are 

listed in the attached Table 1. . . 

Future regulations to control air pollutant emissions that affect visibility must be evaluated 

and included in our Regional Haze SIPs before setting this first reasonable progress goal for the 

year 2018. To be as inclusive as possible in this important planning process, this letter is being sent 

to all States within the eastern United States. We plan to focus our initial planning efforts, and to 

jointly develop a coordinated emission management strategy to meet the first reasonable progress. 

goal of this first round of SIP development, on the States identified in Table 1. 

Regardless of whether your State has been identified as causing or contributing to visibility 

iinpainnent at the Brigantine Wilderness area, you are invited to send a r·epresentatiyeof your State 

.. to future meetingS to be scheduled through our respective Regional Planning Organizations. At 

these meetings, establishment of the first reasonable progress goal for the Class I areas of the" 

northeastern United States win be specifically discussed. New Jersey willbe working with your 

State through " MANE-VU, a regional p1anIDng group fonned to coordinate and" facilitate "the 

regional haze SIP activities. MANE-VU will also be working with other Regional PUmning 

Organizations (RPOs) to which your State m"ay belong (i.e.; the Mid-West RPO or VISTAS). 

Please send us the n:;une, address and telephone number of the appropriate person within your 

organization to contact to inform them of 1:he particulars of the fir~t meeting. Please send this to 

Ray Papalski; 40fEast ~tate Street, P. O. Box 418, Trenton, New Jersey 08625-0418 . 

" Should your staf(have aIiy questions on this request or on the te~hnical aspects of this letter, 

pl~ase call Ray Papalski at (609) 633-7225. or e-mail himatray;papalski@dep.state.nj.us. Should 

" you have any questions on New Jersey's plans for the consul~ationptocess, plea~e call Mr. Chris 

Salmi" of my staff at (609) 292-6710. Thank you for your anticipated cooperation, and we look 

forward to working with you and your staff in the near future. 

. Attachtnent 

c: Arthur"Matin,NESCAUM 

Susan"Weirman, ~" 

Chris Recchia; OTC 

Raymond Werner, USEPA 

Sandra Silva, USFWS 

Randy Moore, USDA, FS 

Chris Shaver, NPS 

Sincerely yoUrs, 

~~ 

I 

. 

. ··Li~· Commissioner " 
Table 1 

States to be Consulted on Establishing New Jersey's Class. I Area 2018 Re~sonable Progress . . Goals 

State Name (alphabetical order) 

Connecticut 

Delaware 

District of Columbia 

Georgia 

Illinois 

Indiana 

Kentucky 

·.Maine 

. Maryland. 

·Massachusetts 

Michigan 

New Hampshire 

New York 

North Carolina 

Ohio 

Pennsylvania 

Rhode Island 

South Carolina 

TeJ;1Ilessee 

Vermont 

Virginia 

West Virginia 

Technique I Reason for Inclusion2 

MANE-VU member 

. MANE-VU member· 

MANE-"VU member 

> 0.1 ug/m3 or> 2% Sulfate Contribution 

> 0.1 ug/m3 or> 2% Sulfate Contribution 

3 ofS.techniques (QID, Calpuff1 & 2) 

> 0.1 ug/m3 0r > 2% Sulfate Contribution· 

MANE-VU member 

4 of S t~chniques (QID, Remsad, Calpuff 1 &2) 

MANE-VU member 

> 0.1 ug/m3 or> 2% Sulfate Contribution 

MANE-VU member 

4 of 5 techniques (QID, Remsad, Calpuff 1 &2) 

4 of 5 techniques (QID, Remsad, Calpuff i &2) 

AJl techniques . 

AJl techniques 

MANE-VU member 

"> 0.1 ug/m3 or > 2% Sulfate Contribution 

> 0.1 ug/m3 or> 2% Sulfate ContribuTIon 

MANE-VU member . 

4 of S techniques· (QID, Remsad, Calpuff 1 &2). 

All techniques . . 

2 From the report entitled "Contributions to Regional Haze in the Northeast and Mid-Atlantic United States", prep~red 

by NESCAUM for the Mid-Atlantic / Northeast Visibility Union (MANE-VU), August, 2006. This table lists the. 

number of techniques· where a state was determined to have a greater impact on visibility levels than New Jersey 

emissions. 

• 
---..L 

The Slale of New Hampshire 

DEPARTMENT OF ENVIRONMENTAL SERVICES 

__ l'JHDES 

~--­ ,~--------~ 

~ 

~--- Thomas S. Burack, Commissioner 

April 4, 2007 

Corey Buffo 

Interim Director 

District of Columbia EHA 

51 N Street NE 

Washington, DC 20002 

Dear Director Buffo: 

As you are aware, New Hampshire is home to two Class I areas as designated under 

Section 169A of the U.S. federal Clean Air Act. The Great Gulf and the Presidential 

Range - Dry River Class I areas are located on the beautiful slopes ofMt. Washington, 

the highest point in the Northeastern United States. While this area is renowned for 

having some of the most challenging weather in the world, it also is known for providing 

very impressive vistas, that is, when visibility is not impaired by air pollution. 

Fortunately for those who visit this region and for those who live and work there, the 

Regional Haze rule requires that these areas and 154 others nationwide gradually improve 

visibility, with a goal of achieving natural conditions by 2064. While this ultimate goal is 

decades away, we begin today by taking reasonable actions and by partnering in 

consultation with states and Canadian provinces, as needed, to begin planning to take the 

first steps toward meeting this goal. I write today because we have identified your state 

or province as one that needs to be part of our collective solution to regional haze in New 

Hampshire. 

According to the Clean Air Act, all U.S. states must submit State Implementation Plans 

(SIPs) by December 2007 for regional haze, regardless of whether they are home to a 

Class I area. Under the Act's section 169A (including regulations at 40 CFR 51.300), the 

regional haze SIP must demonstrate that reasonable progress will be made at nearby 

Class I areas at 1 O-year intervals, beginning in 2018. The regulations of 40 eFR 

51.308(d)(1)(iv) specify that states with Class I areas should develop reasonable progress 

goals for their Class I areas and associated measures to meet those goals, in consultation 

with any jurisdiction that may reasonably cause or contribute to visibility impairment in 

those areas. The Federal Land Managers for the Class I area are also required to be 

consulted in this process. 

While it is believed by the scientific community that every U.S. state contributes in some 

way to air pollution in The Great Gulf and the Presidential Range - Dry River Class I 

areas, we have limited our requests for consultations to only those states and Canadian 

providences that our analyses indicate have the potential for contributions over certain 

thresholds for PM2.5 and/or sulfate to regional haze in our Class I areas. Beyond this, we 

are asking all states within our own Regional Planning Organization, the Mid-Atlantic 

DES Web site: www.des.nh.gov 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) nl-1370· Fax: (60}) 271-1381· TDD Access: Relay NH 1-800-nS-~964 
Northeast - Visibility Union (MANE-VU) to consult with us. Because we have asked 

you to join us in consultation does not necessarily imply that we will be asking for air 

pollution control beyond measures you may have already identified as necessary for your 

own state for ozone and PM2.5 ambient air standard attairunent. By joining us, you can 

help us shape our regional haze progress goals for 2018 and help playa part in 

determining the best way to meet those goals for the New Hampshire Class I areas. 

We, or a representative from MANE-VU, will be contacting you soon to arrange a 

consultation meeting. Thank you for your anticipated participation in this consultation 

and we look forward to working with you and your staff. Should you have any questions, 

please contact leffUnderhill of my staff at 603-271-1370 (or email: 

junderhill@des.state.nh. us). 

Sincerely Yours, 

Thomas s. Burack 

Commissioner 

cc: Robert Scott, NHDES Air Resources Division 

Jeffrey UnderhiJI, NHDES Air Resources Division 

Anna Garcia, OTC 

Arthur Marin, NESCAUM 

Susan Weirman, MARAMA 
Mid-Atlantic/Northeast Visibility Union 

MANE-VU 

Reducing Regional Haze for 

Improved Visibility and Health 

RESOLUTION OF THE COMMISSIONERS OF STATES WITH 

MANDATORY CLASS I FEDERAL AREAS WITHIN THE MIDATLANTIC NORTHEAST VISIBILITY UNION (MANE-VU) 

REGARDING PRINCIPLES FOR IMPLEMENTING THE REGIONAL 

HAZE RULE 

• WHEREAS the Clean Air Act and EPA's Regional Haze Rules 

require all States to identify key sources of haze-causing air 

pollution, develop plans to reduce emissions from those 

sources, and submit those plans to EPA by December 2007; 

and 

• WHEREAS pollutants that impair visibility also cause 

unhealthy levels of ozone and fine particle pollution, and both 

the types of emission sources and major individual emission 

sources that contribute to visibility impairment in mandatory 

Class I Federal areas also contribute to unhealthy levels of 

ozone and fine particle pollution in urban and suburban areas; 

and, 

• WHEREAS implementing controls to improve visibility in 

national parks and wilderness areas that are mandatory Class 

I Federal areas will also improve air quality in areas that are 

not currently attaining the health-based standards for ozone 

and fine particle pollution; and, 

• WHEREAS the Clean Air Scientific Advisory Committee 

(CASAC) and USEPA staff have recently reviewed the health 

protection adequacy of the fine particulate and ozone 

standards and recommended these standards be lowered to 

more protective levels, and that additional emission controls 

would be required in order to meet more stringent ambient air 

quality standards; and, 

• WHEREAS all States are required to develop and submit State 

Implementation Plans (SIPs) to control fine particulates, ozone 

and Regional Haze with varying dates for attaining a health or 

welfare standard; and, 

444 North Capitol Street, NW - Suite 638 - Washington, DC 20001 

202.508.3840 P - 202.508.3841 f 

www.mane-vu.org 
• Allow the regulated community to better plan for the future with 

greater certainty with regard to air pollution control measures and 

programs; and 

• WHEREAS technical analysis conducted for MANE-VU has identified 

sulfur dioxide emissions from sources in twenty-three States in the eastern 

United States as contributing to visibility impairment in the baseline year of 

2002 within the MANE-VU mandatory Class I Federal areas (see attached 

list); and, 

• WHEREAS further technical analysis conducted for MANE-VU has 

identified sulfur dioxide emissions from stacks at key Electric Generating 

Units (EGUs) as the most significant source of sulfate at MANE-VU 

mandatory Class I Federal areas in the baseline year of 2002, and 

• WHEREAS it is in the best interest of human health and the environment 

to achieve these reductions as soon as practicable and as required by the 

Regional Haze rule and Clean Air Act to meet the 2018 planning goal for 

regional haze: 

THEREFORE, be it resolved, that the Commissioners of the States with 

mandatory Class I Federal areas within MANE-VU will implement the 

regional haze rule in accordance with a set of principles that set forth a 

path for a) achieving reasonable progress toward preventing any future, 

and remedying any existing, impairment of visibility in mandatory Class I 

Federal areas, and b) leveraging the multi-pollutant benefits that such 

actions may provide for enhanced public health and environmental 

protection; and 

FURTHERMORE, that the set of principles for implementing the regional 

haze rule includes the following: 

1. We will establish reasonable progress goals for the mandatory Class I 

Federal areas within our borders based upon an identification of existing 

sources affecting visibility, considering new, existing and planned 

emissions control measures, and reflecting the requisite 4-Factor Analysis 

conducted to determine reasonable measures that can be implemented by 

2018; and these goals will achieve as much or more visibility improvement 

as would be achieved by the uniform rate of progress, and 

2. We invite all States identified as contributing to visibility impairment (listed 

below)in MANE-VU mandatory Class I Federal areas to review specific 

proposed measures identified as reasonable according to the 4-factor 

analysis required by the Regional Haze Rule, and 
3. We will ask all States identified as contributing to visibility impairment in 

MANE-VU mandatory Class I Federal areas to make timely emissions 

reductions consistent with measures determined to be reasonable through 

the consultation process; and 

4. In setting our reasonable progress goals, we are assuming all measures 

determined to be reasonable by the Class I states are implemented in 

contributing states; and 

5. Our reasonable progress goals will assume implementation of measures 

already deemed "reasonable" to meet other requirements of the Clean Air 

Act within the MANE-VU or Ozone Transport Commission States, and we 

will seek agreement from other contributing States and areas outside the 

OTC or MANE-VU regions to implement these measures as well; and 

B. The invitation to contributing States to review the proposed reasonable 

measures includes an option of flexibility such that each contributing State 

could obtain its share of the emission reductions needed to meet the 

progress goals for the MANE-VU mandatory Class I Federal areas 

through implementation of other new or expanded rules or programs that 

will achieve a commensurate or equal level of emission reduction in their 

State and visibility benefit in the mandatory Class I Federal areas as 

would have been achieved through implementation of the reasonable 

measure in the same time frame requested by the MANE-VU States with 

mandatory Class I Federal areas, and 

7. We call upon Federal Land Managers responsible for the air quality within 

our national parks and wilderness areas to identify any State's Regional 

Haze SIP submittal that is inconsistent with the reasonable progress goals 

set by Class I States, and to express concerns in writing to the affected 

States and to EPA during the BO-day SIP review period required by the 

Regional Haze rule, and 

8. We call upon the US EPA to act on any inconsistencies between the 

reasonable progress goals set by the States with mandatory Class I 

Federal areas and the Regional Haze SIPs of contributing States and to 

resolve these discrepancies prior to approving the affected States' 

Regional Haze SIPs and to act on incomplete SIPs in the SIP review 

process, and 

9. We will call upon the US EPA to implement any national or regional 

measures deemed "reasonable" through the consultation process through 

new or expanded federal rules, and 

10. Through the consultation process, we will seek near-term commitments to 

implement new or expanded reasonable measures and long-term 
resolve these discrepancies prior to approving the affected States' 

Regional Haze SIPs and to act on incomplete SIPs in the SIP review 

process, and . 

9. We will call upon the US EPA to implement any national or regional 

measures deemed "reasonable" through the consultation process through 

new or expanded federal rules, and 

10. Through the consultation process, we will seek near-term commitments to 

implement new or expanded reasonable measures and long-term 

commitments in the 10 year or beyond time frame to reduce fine particle, 

nitrogen oxide, volatile organic compound and sulfur dioxide emissions, 

and 

11. We commit to submitting the 5-year progress reports required by the 

Regional Haze rule as a revision to the initial SIP, and we will use these 

reports to review the status of measures committed to in initial SIPs, to 

address unresolved new control programs, to determine the availability 

and need for new reasonable measures and to adjust the Regional Haze 

SIP accordingly. The Class I states will rely on adequate Federal funding 

to comply with this Federal requirement. 

Respectfully signed and committed, 

The Commissioners of the States with mandatory Class I Federal areas in 

MANE-VU 

~-----

New Hampshire 
States within MANE-VU and others Contributing at least 2% of Modeled Sulfate 

to 2002 Concentrations at MANE-VU mandatory Class I Federal areas 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

District of Columbia 

Michigan 

Illinois 

Indiana 

Ohio 

Wisconsin 

Kentucky 

West Virginia 

Virginia 

Tennessee 

North Carolina 

South Carolina 

Georgia