JON S. CORZINE Governor 

## §httr of Nrw Jlrrzry
DEPARTMENT OF ENVIRONMENTAL PROTECTION PO Box402 TRENTON, NJ08625-0402

TEL.# (609) 292-2885 FAX# (609) 292-7695



### January 18, 2007

Theodore Gordon, ChiefOperating Officer District ofColumbiaDepartment ofHealth 825 North Capitol street, NE, Room4165 Washington, DC 20002
DearMr. Gordon, LISAP. 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 ofthe Edwin B. Forsythe National Wildlife Refuge. This area is one of156 Class I areas located throughout theUnited States. Among the Class I areas in the eastern United States are the Otter Creek Wilderness area inWest 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 locatedover 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 (USEPA) rules implementing Section 169A ofthe CleanAir 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 inconsultationwith any State thatmayreasonably cause or ,contribute to visibility impairment in the Class I area. This letter is part of New Jersey's consultationprocess for improvingvisibility at Brigantine.
Thus we are seeking your consultation onthereasonableprogress goal and development ofa coordinated emissions management strategy. For the purpose ofestablishing reasonable progress goals for the first Regional Haze SIP, the New Jersey Department ofEnvironmental Protection has identified several States thatmayreasonably contribute to visibilityimpairment at Brigantine5 

### or

5 Fromthe report entitled "Contributionsto RegionalHaze inthe Northeast andMid-AtlanticUnited States",prepared byNESCAUMfor the Mid-Atlantic/ NortheastVisibilityUnion (MANE-VU), August2006.

New Jersey IsAll Equal OpportullityEmployer • Prillted Oil ReC)lcledPaper andReC)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 listedinthe attachedTable 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 planningprocess, this letterisbeing sent to all States within the easternUnited 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 ofthis first round ofSIP development, onthe States identifiedinTable 1. Regardless ofwhether your State has been identified as causing or contributing to visibility iinpainnent at the Brigantine Wilderness area, you are invited to send a r·epresentatiyeofyour 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 of1:he particulars ofthe**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 onthis request or onthe

### te~hnical aspects ofthis 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" ofmy staff at (609) 292-6710. Thank you for your anticipated cooperation, and we look forward to workingwithyou and your staffinthe 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 SincerelyyoUrs,
I

# ~~ .



# .**··Li~·** Commissioner "

### Table 1
States to be Consulted on EstablishingNew Jersey's Class. I Area 2018**Re~sonable** 

### Progress

. . Goals

StateName (alphabeticalorder)
Connecticut Delaware District ofColumbia Georgia Illinois Indiana Kentucky ·.Maine

.Maryland. ·Massachusetts Michigan NewHampshire NewYork NorthCarolina Ohio Pennsylvania Rhode Island South Carolina TeJ;1Ilessee Vermont Virginia WestVirginia 

### Technique 

### IReason forInclusion2
MANE-VUmember

. MANE-VUmember·



### MANE-"VUmember > 0.1 ug/m3 or>2% Sulfate Contribution > 0.1 ug/m3or>2% Sulfate Contribution 3 ofS.techniques (QID, Calpuff1 & 2) > 0.1 ug/m3 0r> 2% Sulfate Contribution· MANE-VUmember 4 ofS**t~chniques** (QID, Remsad, Calpuff 1 &2) 

### MANE-VUmember 

# >

0.1 ug/m3 or>2% Sulfate Contribution 

### MANE-VU member 4 of5 techniques (QID, Remsad, Calpuff 1 &2) 4 of5 techniques (QID, Remsad, Calpuff

## i &2) 

### AJl techniques

. 

### AJl techniques MANE-VUmember 

### "> 0.1 ug/m3 or> 2% Sulfate Contribution > 0.1 ug/m3 or>2% Sulfate ContribuTIon MANE-VUmember

. 4 ofStechniques· (QID, Remsad, Calpuff 1 &2). All techniques

. .

2Fromthereport entitled "Contributions to RegionalHaze intheNortheast andMid-AtlanticUnited States",**prep~red** byNESCAUM for the Mid-Atlantic/NortheastVisibilityUnion(MANE-VU), August, 2006. This table liststhe. number oftechniques·where a state was determinedto have a greaterimpact onvisibilitylevels thanNew 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 ofColumbia EHA 51 N StreetNE Washington, DC 20002

Dear Director Buffo:
As you are aware, New Hampshire is home to two Class I areas as designated under Section 169A ofthe U.S. federal Clean Air Act. The Great Gulfand 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 ofthe most challenging weatherin the world, it also is known for providing veryimpressive vistas, that is, when visibilityis 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 ofachieving natural conditions by 2064. While this ultimate goal is decades away, webegin todaybytaking reasonable actions and bypartneringin consultation with states and Canadianprovinces, as needed, to begin planning to take the first steps toward meeting this goal. I writetodaybecause we have identified your state orprovince as onethat needs to be part ofourcollective solution to regional haze in New Hampshire. According to the Clean Air Act, all U.S. states must submit State Implementation Plans (SIPs) byDecember 2007 forregional haze, regardless ofwhether they are home to a Class I area. Underthe Act's section 169A (includingregulations at 40 CFR 51.300), the regional haze SIP must demonstrate that reasonable progress will bemade at nearby Class I areas at 1 O-yearintervals, beginningin 2018. Theregulations of40 eFR 51.308(d)(1)(iv) specify that states with Class I areas should develop reasonableprogress goals for their Class I areas and associated measures to meetthose goals, in consultation with anyjurisdiction 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 bythe scientific communitythat everyU.S. state contributes in some wayto air pollution in The Great Gulfand the Presidential Range

- Dry River Class I areas, we have limited ourrequests for consultations to onlythose states and Canadian providences that our analyses indicatehave the potential for contributions over certain thresholds for PM2
.5 

### and/or sulfate to regional haze in ourClass I areas. Beyond this, we are asking all states within ourown Regional Planning Organization, theMid-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 tojoin us in consultation does not necessarily implythat 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. Byjoining 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 ofmy staffat 603-271-1370 (or email: junderhill@des.state.nh.us).

SincerelyYours,

Thomas 

## s. Burack Commissioner

cc: Robert Scott, NHDES AirResources Division Jeffrey UnderhiJI, NHDES Air Resources Division Anna Garcia, OTC ArthurMarin, NESCAUM Susan Weirman, MARAMA

### Mid-Atlantic/NortheastVisibility Union 

## MANE-VU

Reducing RegionalHaze for Improved VisibilityandHealth 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 furthertechnical 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 of2002, 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 AirAct to meetthe 2018 planning goal for regional haze:

THEREFORE, be it resolved, thatthe Commissioners ofthe States with mandatory Class I Federal areas within MANE-VU will implementthe regional haze rule in accordance with a set of principles that setforth a path for a) achieving reasonable progress toward preventing any future, and remedying any existing, impairment ofvisibility 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, thatthe 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 ofexisting sources affecting visibility, considering new, existing and planned emissions control measures, and reflecting the requisite 4-FactorAnalysis 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, and3. 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 ofthe Clean Air Act within the MANE-VU or Ozone Transport Commission States, and we will seek agreementfrom other contributing States and areas outside the OTC or MANE-VU regions to implementthese measures as well; and
B. The invitation to contributing States to review the proposed reasonable measures includes an option offlexibility such that each contributing State could obtain its share ofthe emission reductions needed to meetthe progress goals for the MANE-VU mandatory Class I Federal areas through implementation ofother new or expanded rules or programs that will achieve a commensurate or equal level ofemission reduction in their State and visibility benefit in the mandatory Class I Federal areas as would have been achieved through implementation ofthe 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 airqualitywithin our national parks and wilderness areas to identify any State's Regional Haze SIP submittal that is inconsistentwith 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 ofcontributing States and to resolve these discrepancies priorto 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-termresolve these discrepancies priorto 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 EPAto 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 ofthe States with mandatory Class I Federal areas in MANE-VU

# ~----- New HampshireStates 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