The State of New Jersey 

Department of Environmental Protection 

Certification 

For Meeting the Infrastructure Requirements 

in the Clean Air Act 

for 

35 μg/m3 24-Hour (2006) Fine Particulate Matter National 

Ambient Air Quality Standard 

January 2010
ii

Preface 

The State of New Jersey is submitting a certification document (“Certification”) to address the 

requirements under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the Clean Air 

Act) for the 35 μg/m3

 24-hour (2006) Fine Particulate Matter (PM2.5) National Ambient Air 

Quality Standards (NAAQS). On February 25, 2008, New Jersey submitted an Infrastructure 

State Implementation Plan (SIP) revision to the United States Environmental Protection Agency 

(USEPA) addressing the requirements under Section 110(a)(1) and (2) for the 1997 8-hour ozone 

and the 1997 PM2.5 NAAQS. The USEPA published findings on this SIP revision on October 

22, 2008 but there has been no further action taken on this SIP revision. In addition, since there 

has been no change in authority with respect to the infrastructure requirements, the focus of this 

document is on 42 U.S.C. § 7410(a)(2)(D) (Section 110(a)(2)(D)) that addresses interstate 

transport and those sections which were affected by the USEPA findings which include 

Enforcement and Stationary Source Permitting; Emergency Powers and Contingency Plans; and 

Consultation, Public Notification, and Prevention of Significant Deterioration (PSD) (42 U.S.C.

§ 7410(a)(2)(C), (G), and (J) (Sections 110(a)(2)(C), (G), and (J))). 

Acknowledgements 

The New Jersey Department of Environmental Protection acknowledges the efforts and 

assistance of the agencies and individuals whose contributions were instrumental in the 

preparation of this Certification. In particular, the New Jersey Department of Environmental 

Protection wishes to acknowledge the individuals within the United States Environmental 

Protection Agency Region 2 for their assistance on this matter. 
iii

Table of Contents 

PREFACE....................................................................................................................................ii 

ACKNOWLEDGEMENTS.........................................................................................................ii 

TABLE OF CONTENTS.............................................................................................................iii 

LIST OF TABLES.......................................................................................................................iv 

LIST OF FIGURES .....................................................................................................................v 

LIST OF APPENDICES..............................................................................................................vi 

ACRONYMS AND ABBREVIATIONS....................................................................................vii 

EXECUTIVE SUMMARY .........................................................................................................viii 

I. INTRODUCTION................................................................................................................1 

A. Background on Infrastructure Elements of 42 U.S.C. § 7410(a)(2) (Section 110(a)(2)) 2 

II. Infrastructure Elements of the Clean Air Act Under 42 U.S.C. § 7410(a)(2) (Section 

110(a)(2))...............................................................................................................................3

A. Enforcement and Stationary Source Permitting – 42 U.S.C. § 7410(a)(2)(C) (Section 

110(a)(2)(C))....................................................................................................................4 

B. Interstate Transport of Air Pollution and International Pollution Abatement – 42 

U.S.C. § 7410(a)(2)(D) (Section 110(a)(2)(D))...............................................................7 

i. Section 110(a)(2)(D)(i) ..............................................................................................7 

1) New Jersey’s Significant Contributions to Other States ......................................8 

a) Contributing Significantly to a Nonattainment Area or Interference with 

the Maintenance of the NAAQS in Another State ......................................8 

b) Interference with Measures Required to Meet the Implementation Plan 

for Any Other State Related to Prevention of Significant Deterioration 

(PSD)...........................................................................................................9 

c) Interference with Measures Required to Meet the Implementation Plan 

for Any Other State Related to Regional Haze and Visibility ....................10 

d) New Jersey’s Remedy to its PM2.5 Interstate Contributions .......................12 

2) Other States’ Significant Impacts on New Jersey ................................................16 

ii. Section 110(a)(2)(D)(ii).............................................................................................18 

C. Emergency Powers and Contingency Plans – 42 U.S.C. § 7410(a)(2)(G) (Section 

110(a)(2)(G))....................................................................................................................19 

D. Consultation, Public Notification, and Prevention of Significant Deterioration – 42 

U.S.C. § 7410(a)(2)(J) (Section 110(a)(2)(J)) .................................................................20 

i. Consultation and Public Notification.........................................................................20 

ii. Prevention of Significant Deterioration.....................................................................21 

III. Conclusion...............................................................................................................................21
iv

List of Tables 

Table 1.1: Infrastructure Elements Required under the Federal Clean Air Act (42 U.S.C. § 

7410(a)(2) (Section 110(a)(2))...................................................................................1 

Table 1.2: Summary of New Jersey’s Significant Contributions to Other States’ Fine Particulate 

Matter Concentrations................................................................................................8 

Table 1.3: New Jersey’s Recently Adopted Control Measures to Reduce Emissions of PM2.5 and 

its Precursors..............................................................................................................12 

Table 1.4: Control Measures Under Evaluation ..........................................................................13 

Table 1.5: Summary of Significant Contributions from Other States’ to New Jersey’s Fine 

Particulate Matter Nonattainment and Maintenance..................................................17 
v

List of Figures 

Figure 1.1: States to which New Jersey Significantly Contributes with respect to Fine Particulate 

Concentrations based upon a Weight-of-Evidence Approach...................................9 

Figure 1.2: Modeled EGU Emission Control Rates by the State Collaborative..........................14 

Figure 1.3: Daily PM2.5 Air Quality Improvement for 2012 .......................................................15 

Figure 1.4: Daily PM2.5 Concentrations in 2012..........................................................................15 
vi

List of Appendices 

Appendix A – Infrastructure Elements Not Including Sections 110(a)(2)(C), (D), (G), or (J) 

Appendix B – New Jersey Department of Environmental Protection Transport SIP Letter dated 

December 22, 2006 

Appendix C – USEPA Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) 

for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS) 

dated September 25, 2009

Appendix D – State Collaborative Documentation 

Appendix E – New Jersey’s Significant Contribution Analysis to Meet Section 110(a)(2)(D)(i) 
vii

Acronyms and Abbreviations

μg/m3 Micrograms per cubic meter 

AELs Alternative Emission Limits 

AQRV Air Quality Related Value 

AQS Air Quality System 

BART Best Available Retrofit Technology 

CAIR Clean Air Interstate Rule 

C.F.R. Code of Federal Regulations 

EGUs Electric Generating Units 

Fed. Reg. Federal Register 

FLM Federal Land Manager 

FSELs Facility-Specific Emission Limits 

HEDD High Electrical Demand Day 

I/M Inspection and Maintenance 

IMPROVE Interagency Monitoring of Protected Visual Environments 

km kilometer 

lb/mmBTU Pounds per million British Thermal Units 

LADCO Lake Michigan Area Directors Consortium 

MANE-VU Mid-Atlantic/Northeast-Visibility Union 

MARAMA Mid-Atlantic Regional Air Management Association 

NAAQS National Ambient Air Quality Standards 

NESCAUM Northeast States for Coordinated Air Use Management 

N.J.A.C. New Jersey Administrative Code 

N.J.R. New Jersey Register 

N.J.S.A. New Jersey Statutes Annotated 

NOx Oxides of Nitrogen 

NSR New Source Review 

NNSR Nonattainment New Source Review 

OBD On-board Diagnostics 

OTC Ozone Transport Commission 

PM Particulate Matter 

PM10 Coarse Particulate Matter 

PM2.5 Fine Particulate Matter 

ppb Parts per billion 

PSD Prevention of Significant Deterioration 

RACT Reasonably Available Control Technology 

RAVI Reasonably Attributable Visibility Impairment 

SHL Significant Harm Level 

SIL Significant Increment Level 

SIP State Implementation Plan 

SMC Significant Monitoring Concentration 

SO2 Sulfur Dioxide 

U.S.C. United States Code 

USEPA United States Environmental Protection Agency 

VOC Volatile Organic Compound 
viii

Executive Summary 

When the United States Environmental Protection Agency (USEPA) establishes a new or makes 

a revision to a National Ambient Air Quality Standards (NAAQS), the Federal Clean Air Act 

requires the states to submit to the USEPA a State Implementation Plan (SIP) revision1

 or 

certification indicating that the State has the authority to develop, implement, and enforce an air 

quality management program that provides for attainment and maintenance of the NAAQS. 

These elements are sometimes compiled and submitted separately in what is referred to as an 

“Infrastructure” SIP. For the purposes of the 35 micrograms per cubic meter (μg/m3

) 24-hour 

(2006) Fine Particulate Matter (PM2.5) NAAQS, the USEPA guidance allows a state to submit a 

certification letter without holding an additional public hearing if that state determines that it 

meets the requirements in 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the 

Federal Clean Air Act) without further revising its existing SIP.2 

Since the USEPA promulgated a revised particulate matter (PM) NAAQS on September 21, 

2006, the State of New Jersey is submitting a certification document (“Certification”) to address 

the requirements in 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the Federal 

Clean Air Act) for the 35 μg/m3

 24-hour (2006) PM2.5 NAAQS. The February 2008 

Infrastructure SIP addressed the 1997 8-hour ozone standard and the 1997 annual PM2.5 

standard.3 New Jersey certifies compliance with these elements through its existing SIP, and as 

described in this Certification. 

Since the 2008 SIP revision, the only statutory authority for air quality management in New 

Jersey enacted addressed global warming. Thus, no changes to the basic program authorities 

occurred. However, on October 22, 2008, the USEPA published findings for New Jersey’s 2008 

Infrastructure SIP affecting Enforcement and Stationary Source Permitting; Emergency Powers 

and Contingency Plans; and Consultation, Public Notification, and Prevention of Significant 

Deterioration (PSD) (42 U.S.C. § 7410(a)(2)(C), (G), and (J) (Sections 110(a)(2)(C), (G), and 

(J))).4 Based upon guidance from the USEPA on these sections, and the other required elements 

under 42 U.S.C. § 7410(a)(2) listed in Table ES1, this Certification focuses on the sections that 

the USEPA published findings for in October 2008 and Section 110(a)(2)(D) that addresses 

interstate transport.5

 Table ES1 provides the citations for New Jersey’s authority in the State’s 

statutes, including the Air Pollution Control Act. 

 

1

 42 U.S.C. § 7410(a)(1). 2

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 

3

 NJDEP. State Implementation Plan Revision for Meeting the Infrastructure Requirements of the Clean Air Act. 

New Jersey Department of Environmental Protection, February 2008. Other than the findings from the USEPA on 

October 22, 2008 (73 Fed. Reg. 62904), there has been no further action taken on this SIP revision. 4

 73 Fed. Reg. 62904 (October 22, 2008). 5

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 
ix

Table ES1: Infrastructure Elements Required under the Federal Clean Air Act (42 U.S.C.

§ 7410(a)(2) (Section 110(a)(2))

Section 

110(a)(2) 

Element

Summary of Element New Jersey Authority 

110(a)(2)(A) Enforceable Emission Limitations and Other 

Control Measures 

N.J.S.A. 26:2C-8, 9, and 19 

N.J.A.C. 7:27 

110(a)(2)(B) Air Quality Monitoring, Compilation, Data 

Analysis, and Reporting 

N.J.S.A. 26:2C-9.a. 

110(a)(2)(C) Enforcement and Stationary Source Permitting N.J.S.A. 26:2C-19 

N.J.A.C. 7:27 and 7:27A 

110(a)(2)(D) Interstate Transport of Air Pollution and 

International Pollution Abatement 

N.J.A.C. 7:27 

N.J.A.C. 7:27-22.11(k) 

N.J.A.C. 7:27-22.24 

N.J.S.A. 26:2C-8.11 

N.J.S.A. 26:2C-9 

110(a)(2)(E) Resources, Conflict of Interest, and Emergency 

Backstop 

N.J.S.A. 26:2C-8 

N.J.S.A. 13:1D-9 

N.J.S.A. 52:13D-12 et seq. 

N.J.S.A. 26:2C-22 

110(a)(2)(F) Stationary Source Emissions Monitoring and 

Reporting 

N.J.S.A. 26:2C-9.2 

N.J.A.C. 7:27 

110(a)(2)(G) Emergency Powers and Contingency Plans N.J.S.A. 26:2C-26 et seq. 

N.J.A.C. 7:27-12 

110(a)(2)(H) State Implementation Plan Revision For Revised 

Air Quality Standards or New Attainment 

Methods 

N.J.S.A. 13:1D-9 

110(a)(2)(I) State Implementation Plan for Nonattainment 

Areas 

N.J.S.A. 13:1D-9 

110(a)(2)(J) Consultation, Public Notification, and Prevention 

of Significant Deterioration 

N.J.S.A. 26:2C-8, 9, and 19 

N.J.S.A. 26:2C-8 

N.J.S.A. 52:14B-1 et seq. 

110(a)(2)(K) Air Quality Modeling and Reporting N.J.A.C. 7:27-8.5 and 22.8 

110(a)(2)(L) Major Stationary Source Permitting Fees N.J.A.C. 7:27-22.31 

110(a)(2)(M) Consultation with Local Entities N.J.S.A. 26:2C-8 

N.J.S.A. 52:14B-1 et seq. 

Regarding the Part C PSD permit program for PM2.5, in absence of the USEPA final rule PM2.5 

increments, significant impact levels (SILs), and significant monitoring concentrations (SMCs),6

at the time of this Certification, New Jersey is implementing its own interim permitting and 

modeling procedures for sources emitting PM2.5 emissions. The interim procedures require 

inclusion of both filterable and condensable PM2.5 emissions in the air quality modeling 

evaluation and compares the conservative determination of PM2.5 emissions (based on PM10, 

including condensable particulate matter) to the PM2.5 NAAQS. New Jersey does not follow the 

USEPA’s 1997 PM10 surrogate policy for PM2.5. New Jersey’s approach is more protective of 

health and the environment than the interim Federal approach. 

In order to assess the State’s significant contributions to the downwind nonattainment or 

maintenance areas of the 24-hour PM2.5 NAAQS, New Jersey utilizes a weight-of-evidence 

 

6

 72 Fed. Reg. 54112-54156 (September 21, 2007). 
x

approach, using the best data available. This analysis indicates that New Jersey significantly 

contributes to Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, 

and Pennsylvania. While the methods analyzed did not identify Delaware as a state that New 

Jersey impacts, the methods did identify all of the states surrounding Delaware. Hence, New 

Jersey includes Delaware among the other states to which New Jersey significantly contributes, 

as shown in Figure ES1. 

Figure ES1: States to which New Jersey Significantly Contributes with respect to Fine 

Particulate Concentrations based upon a Weight-of-Evidence Approach 

New Jersey has taken a number of recent actions, as well as measures that have been in place for 

many years to address its contribution to downwind areas. With these actions, New Jersey is 

confident that it is adequately addressing its contribution to the downwind areas. 

New Jersey is also proposing or evaluating additional measures that would further reduce PM2.5 

emissions. New Jersey will consider any additional measures, implemented by the neighboring 

upwind and downwind states, if they would provide additional emission reductions in the State. 

Thus, New Jersey is complying with the Federal Clean Air Act requirements regarding interstate 

transport as it relates to the PM2.5 NAAQS and is doing more to ensure that it is not interfering 

with the ability of its neighboring states to attain and maintain that standard or visibility goals. 

Applying the same weight-of-evidence approach, the states shown in Table ES2 significantly 

contribute to New Jersey’s PM2.5 nonattainment in its thirteen (13) counties designated as not 

attaining the 35 μg/m3

 24-hour (2006) PM2.5 NAAQS and interfere with the maintenance of 

attainment in the remaining eight (8) counties. 
xi

Table ES2: Summary of Significant Contributions from Other States’ to New Jersey’s Fine 

Particulate Matter Nonattainment and Maintenance 

Analysis PM2.5 CAIR 

Modeling 

8-Hour 

Ozone CAIR 

Modeling 

NOx SIP Call 

Modeling 

Regional Haze 

Modeling1 

State 

Collaborative 

Modeling 

Significant 

Contribution? 

(Y/N) 

State(s)/Area(s) NJ Only NJ Only NJ Only NJ Only NNJ/NY/CT2

Canada x Y 

CENRAP3_WRAP4_South x Y 

Connecticut 

x 

(combined with 

Rhode Island) 

Y 

Delaware x x x x Y 

District of Columbia x Y 

Georgia x Y 

Illinois x x x Y 

Indiana x x x Y 

Kentucky x x x Y 

Maryland 

x 

(combined with 

D.C.) 

x 

(combined 

with D.C.) 

x x 

x 

(combined with 

D.C.) 

Y 

Massachusetts x Y 

Michigan x x x x x Y 

New York x x x x x Y 

North Carolina x x x Y 

Ohio x x x x x Y 

Pennsylvania x x x x x Y 

South Carolina x Y 

Tennessee x Y 

Virginia x x x x x Y 

West Virginia x x x x x Y 

1. Contributing states included those with a sulfate contribution >2%; Illinois and New York are also included based upon other 

modeling techniques (see New Jersey’s Regional Haze SIP). 

2. Northern New Jersey/New York/Connecticut nonattainment area 

3. CENRAP = Central Regional Air Planning Association. CENRAP is an organization of states, tribes, federal agencies. The states

included are Nebraska, Kansas, Oklahoma, Texas, Minnesota, Iowa, Missouri, Arkansas, and Louisiana. 

4. WRAP = Western Regional Air Partnership. The WRAP is made up of western states, tribes, and federal agencies. The states are 

Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, 

and Wyoming. 

New Jersey is meeting the contingency plan portion of section 110(a)(2)(G) element concerning 

emergency powers and adequate contingency plans according to 40 C.F.R. 51.150 and Federal 

guidance. According to the USEPA’s 2009 guidance,7 New Jersey is not required to have a 

 

7

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see 

Appendix C). 
xii

contingency plan at this time, given that the existing monitored levels of 24-hour PM2.5 have not 

exceeded 140.4 μg/m3

 since 2006; however, New Jersey has rules at N.J.A.C. 7:27-12 for 

emergency episodes for particulate matter. The USEPA is also using these conditions to resolve 

the finding of failure to submit issued for the annual (1997) PM2.5 NAAQS (see Appendix C). 

Through this Certification, the State of New Jersey is demonstrating that the infrastructure and 

transport requirements under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the 

Clean Air Act) for the 35 μg/m3 24-hour (2006) PM2.5 NAAQS have been satisfied. 
1

I. Introduction 

When the United States Environmental Protection Agency (USEPA) establishes a new or makes 

a revision to a National Ambient Air Quality Standards (NAAQS), the Federal Clean Air Act 

requires the states to submit to the USEPA a State Implementation Plan (SIP) revision1

 or 

certification indicating that the State has the authority to develop, implement, and enforce an air 

quality management program that provides for attainment and maintenance of the NAAQS. 

These elements are sometimes compiled and submitted separately in what is referred to as an 

“Infrastructure” SIP. By Federal statute at 42 U.S.C. § 7410(a)(1) (Section 110(a)(1)), SIPs 

meeting the requirements of Section 110(a)(1) and (2) are to be submitted by states within three 

(3) years after promulgation of a new or revised standard. Table 1.1 provides the citations for 

New Jersey’s authority in the State’s statutes, including the Air Pollution Control Act. 

Table 1.1: Infrastructure Elements Required under the Federal Clean Air Act (42 U.S.C. § 

7410(a)(2) (Section 110(a)(2))

Section 

110(a)(2) 

Element

Summary of Element New Jersey Authority 

110(a)(2)(A) Enforceable Emission Limitations and Other 

Control Measures 

N.J.S.A. 26:2C-8, 9, and 19 

N.J.A.C. 7:27 

110(a)(2)(B) Air Quality Monitoring, Compilation, Data 

Analysis, and Reporting 

N.J.S.A. 26:2C-9.a. 

110(a)(2)(C) Enforcement and Stationary Source Permitting N.J.S.A. 26:2C-19 

N.J.A.C. 7:27 and 7:27A 

110(a)(2)(D) Interstate Transport of Air Pollution and 

International Pollution Abatement 

N.J.A.C. 7:27 

N.J.A.C. 7:27-22.11(k) 

N.J.A.C. 7:27-22.24 

N.J.S.A. 26:2C-8.11 

N.J.S.A. 26:2C-9 

110(a)(2)(E) Resources, Conflict of Interest, and Emergency 

Backstop 

N.J.S.A. 26:2C-8 

N.J.S.A. 13:1D-9 

N.J.S.A. 52:13D-12 et seq. 

N.J.S.A. 26:2C-22 

110(a)(2)(F) Stationary Source Emissions Monitoring and 

Reporting 

N.J.S.A. 26:2C-9.2 

N.J.A.C. 7:27 

110(a)(2)(G) Emergency Powers and Contingency Plans N.J.S.A. 26:2C-26 et seq. 

N.J.A.C. 7:27-12 

110(a)(2)(H) State Implementation Plan Revision For Revised 

Air Quality Standards or New Attainment 

Methods 

N.J.S.A. 13:1D-9 

110(a)(2)(I) State Implementation Plan for Nonattainment 

Areas 

N.J.S.A. 13:1D-9 

110(a)(2)(J) Consultation, Public Notification, and Prevention 

of Significant Deterioration 

N.J.S.A. 26:2C-8, 9, and 19 

N.J.S.A. 26:2C-8 

N.J.S.A. 52:14B-1 et seq. 

110(a)(2)(K) Air Quality Modeling and Reporting N.J.A.C. 7:27-8.5 and 22.8 

110(a)(2)(L) Major Stationary Source Permitting Fees N.J.A.C. 7:27-22.31 

110(a)(2)(M) Consultation with Local Entities N.J.S.A. 26:2C-8 

N.J.S.A. 52:14B-1 et seq. 

 

1

 42 U.S.C. § 7410(a)(1). 
2

For the purposes of the 35 micrograms per cubic meter (μg/m3) 24-hour (2006) Fine Particulate 

Matter (PM2.5) NAAQS, the USEPA guidance allows a state to submit a certification letter 

without holding an additional public hearing if that state determines that it meets the 

requirements in 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the Federal Clean 

Air Act) without further revising its existing SIP.2

 The State submitted a SIP revision providing 

these authorities in February 2008.3 Since the 2008 SIP revision, the only statutory authority 

related to air quality management in New Jersey enacted addressed global warming.4

 Thus, no 

changes to the basic program authorities occurred. However, on October 22, 2008, the USEPA 

published findings for New Jersey’s 2008 Infrastructure SIP affecting Enforcement and 

Stationary Source Permitting; Emergency Powers and Contingency Plans; and Consultation, 

Public Notification, and Prevention of Significant Deterioration (PSD) (42 U.S.C. § 

7410(a)(2)(C), (G), and (J) (Sections 110(a)(2)(C), (G), and (J))).5

 Based upon guidance from 

the USEPA on these sections, and the other required elements under 42 U.S.C. § 7410(a)(2) 

listed in Table 1.1, this certification document (“Certification”) discusses the sections that the 

USEPA published findings for in October 2008 and Section 110(a)(2)(D) that addresses 

interstate transport. The other required elements listed in Table 1.1 are discussed in Appendix A. 

A. Background on Infrastructure Elements of 42 U.S.C. § 7410(a)(2) (Section 110(a)(2)) 

On September 21, 2006, the USEPA promulgated a revised Particulate Matter (PM) NAAQS, 

which became effective December 18, 2006.6

 This revised standard did not result in any changes 

to the annual PM2.5 standard (15.0 μg/m3) established in 1997, but resulted in a 24-hour standard 

change from 65 μg/m3 to 35 μg/m3. In New Jersey, the 35 μg/m3 24-hour (2006) standard is 

more controlling or stringent than the annual standard, based on an evaluation of monitoring 

data. The revision of the 24-hour (2006) standards requires the states to submit revised 

Infrastructure/Transport SIPs by September 21, 2009. 

On February 25, 2008, New Jersey submitted an Infrastructure SIP to the USEPA, which 

addressed the remaining requirements under Section 110(a)(1) and (2) for the 1997 8-hour ozone 

and the 1997 PM2.5 NAAQS.7 New Jersey’s 2008 Infrastructure SIP revision followed the 

USEPA’s 2007 guidance.8 New Jersey fulfilled the interstate transport requirements of Section 

 

2

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 

3

 NJDEP. State Implementation Plan Revision for Meeting the Infrastructure Requirements of the Clean Air Act. 

New Jersey Department of Environmental Protection, February 2008. Other than the findings from the USEPA on 

October 22, 2008 (73 Fed. Reg. 62904), there has been no further action taken on this SIP revision. 4

 State of New Jersey Office of the Governor. Governor Signs Global Warming Response Act. Available at 

http://www.nj.gov/globalwarming/home/news/approved/070706.html. July 7, 2007. 

5

 73 Fed. Reg. 62904 (October 22, 2008). 6

 71 Fed. Reg. 61144-233 (October 17, 2006). 7

 NJDEP. State Implementation Plan Revision for Meeting the Infrastructure Requirements of the Clean Air Act. 

New Jersey Department of Environmental Protection, February 2008. Other than the findings from the USEPA on 

October 22, 2008 (73 Fed. Reg. 62904), there has been no further action taken on this SIP revision. 8

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality Standards,” October 2, 2007. 
3

110(a)(2)(D)(i) for the 1997 NAAQS, as allowed per the USEPA 2006 guidance,9 through: 1) a 

letter sent to the USEPA Regional Administrator on December 22, 2006 stating the intention to 

submit an abbreviated Clean Air Interstate Rule (CAIR) SIP, but noting that the CAIR SIP was 

not enough to address New Jersey’s interstate transport concerns (Appendix B); and 2) the 

submission of a CAIR SIP to the USEPA on June 26, 2007 that was subsequently approved by 

the USEPA on September 28, 2007. 

On October 22, 2008, the USEPA published a “Finding of failure to submit specific elements of 

Section 110(a)(2), pertaining to the fine particulate matter (PM2.5) NAAQS” concluding that the 

State’s Infrastructure SIP fails to address the following two elements: 

 A plan “addressing section 110(a)(2)(C) and (J) pertaining to the Part C Prevention of 

Significant Deterioration (PSD) permit program,” and 

 “The contingency plan portion section 110(a)(2)(G) element concerning emergency 

powers and adequate contingency plans.”10 

On September 25, 2009, the USEPA released guidance for the 35 μg/m3 24-hour (2006) PM2.5

standards (see Appendix C).11 

This Infrastructure Certification addresses the elements summarized in Table 1.1, while 

specifically discussing the transport requirements under Section 110(a)(2)(D) for the 35 μg/m3

24-hour (2006) PM2.5 NAAQS and the October 22, 2008 USEPA findings for the 1997 PM2.5

NAAQS. 

II. Infrastructure Elements of the Clean Air Act Under 42 U.S.C. § 7410(a)(2) (Section 

110(a)(2)) 

The infrastructure elements that are required under 42 U.S.C. § 7410(a)(2) (Section 110(a)(2)) 

are listed in Table 1.1. There has been no change in authority with respect to most of the 

infrastructure requirements, since the previous infrastructure SIP revision submitted in 2008. In 

its 2009 guidance, the USEPA acknowledges that a state’s existing infrastructure SIP may be 

adequate to satisfy the all of the requirements under Section 110(a)(2). New Jersey certifies 

compliance with these elements through its existing SIP, and as described in this Certification. 

This Certification also is addressing the following sections: 

• Enforcement and Stationary Source Permitting – Section 110(a)(2)(C); 

• Interstate Transport – Section 110(a)(2)(D); 

 

9

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding 

Obligations Under Sections 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards. United States Environmental Protection Agency,” August 15, 2006. 

10 73 Fed. Reg. 62904 (October 22, 2008). 11 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 
4

• Emergency Powers and Contingency Plans – Section 110(a)(2)(G); and 

• Consultation, Public Notification, and Prevention of Significant Deterioration – Section 

110(a)(2)(J). 

The remaining sections listed in Table 1.1 have no changes from the NJDEP February 25, 2008 

Infrastructure SIP (with the exception of minor administrative changes) and are discussed in 

Appendix A. 

A. Enforcement and Stationary Source Permitting – 42 U.S.C. § 7410(a)(2)(C) (Section 

110(a)(2)(C)) 

States are required under the Federal Clean Air Act to implement a program providing for 

enforcement of all SIP measures and the regulation of construction of new or modified stationary 

sources to meet PSD and nonattainment area new source review (NNSR) requirements. New 

source review (NSR) necessitates programs in nonattainment and attainment areas. PSD is 

required in attainment areas, while NNSR is required in nonattainment areas. 

New Jersey has implemented enforcement and permitting programs that meet the Clean Air Act 

requirements. New Jersey’s enforcement of all control measures, including the air permitting 

program for regulating stationary sources, is governed by the State’s Air Pollution Control Act 

(N.J.S.A. 26:2C-19). New Jersey’s enforcement and permitting programs operate under rules 

designated in N.J.A.C. 7:27 and N.J.A.C. 7:27A. 

On October 22, 2008, the USEPA published a “Finding of failure to submit specific elements of 

Section 110(a)(2), pertaining to the fine particulate matter (PM2.5) NAAQS” concluding that the 

State’s Infrastructure SIP fails to address a plan “addressing section 110(a)(2)(C) and (J) 

pertaining to the Part C Prevention of Significant Deterioration (PSD) permit program.” 12

On September 25, 2009, the USEPA published guidance on how states can meet the 

requirements for NSR and PSD programs pertaining to interstate transport under U.S.C. § 

7410(a)(2)(D(i) (Section 110(a)(2)(D)(i)).13 

All areas are currently required to have some form of preconstruction permitting program for 

PM2.5.

14 With respect to the PM2.5 standards, New Jersey has both attainment and nonattainment 

areas throughout the State, necessitating both PSD and NNSR programs for PM2.5, respectively. 

This section explains the separate regulatory actions the USEPA has taken to implement these 

programs and how New Jersey plans to implement its programs for the PM2.5 health-based 

standards. 

 

12 73 Fed. Reg. 62904 (October 22, 2008). 13 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 

14 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 
5

Federal Regulatory History on PSD and NSR for PM2.5

On April 25, 2007, the USEPA finalized its implementation rule for the 1997 PM2.5 NAAQS.15

The USEPA decided to address NSR separately, so no final PM2.5 requirements for the NSR 

program were included. Prior to the implementation of that rule, the USEPA issued interim 

guidance calling for use of coarse particulate matter (PM10) as a surrogate for PM2.5 in the PSD 

and NNSR programs until NSR rules were finalized.16,17 Due to the lack of PM2.5 NSR rules, 

PM10 was used as a surrogate in both attainment and nonattainment areas. Under the surrogate 

approach, compliance with applicable requirements for PM10 was assumed to satisfy PM2.5

requirements. 

On September 21, 2007, the USEPA proposed a rule on increments, significant impact levels 

(SILs), and significant monitoring concentrations (SMCs).18 The proposal has not been finalized 

as of the time that this Certification was developed. The final rule is anticipated in the summer 

of 2010. Hence, it is not possible for states to finalize their PSD or NNSR programs for PM2.5. 

On May 16, 2008, the USEPA issued a portion of the NSR rule for PM2.5.

19 That rule changed 

the Federal rule for PSD, Appendix S of 40 C.F.R. Part 51 for PM2.5 nonattainment areas, and the 

Federal guidance for state PSD and NNSR SIPs. The May 16, 2008 rule was challenged.20 The 

USEPA granted the petition for reconsideration on April 24, 2009 and stayed the grandfathering 

provision of the rule until June 1, 2010.21 In the USEPA guidance issued on September 25, 

2009, the deadline for adopting and submitting PM2.5 SIPs for NSR/PSD is May 2011.22

The September 25, 2009 USEPA guidance also states that “all areas are currently required to 

have some form of pre-construction permitting program for PM2.5. This program may include a 

transitional program or a program that conforms with the minimum requirements of EPA’s May 

2008 final rule on implementation of the NSR program for PM2.5.”23 New Jersey relies on 

Appendix S as a transitional program as discussed below. 

 

15 72 Fed. Reg. 20586-20667 (April 25, 2007). 16 USEPA Memorandum from Stephen D. Page, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Implementation of New Source Review Requirements in PM-2.5 Nonattainment Areas,” 

April 5, 2005. 

17 USEPA Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, to Regional 

Air Directors, “Interim Implementation of New Source Review for PM2.5,” October 23, 1997. 18 72 Fed. Reg. 54112-54156 (September 21, 2007). 

19 73 Fed. Reg. 28321-28350 (May 16, 2008). 20 NRDC filed petition for exemption for condensable particulate matter in applicability as well as BACT/LAER 

determinations. EJ filed for reconsideration. 

21 Proposed Rule at 74 Fed. Reg. 36427-36430 (July 23, 2009), Final Rule at 74 Fed. Reg. 48153-48156 (September 

22, 2009).

22 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 

23 ibid. 
6

New Jersey’s PSD and NNSR Programs for PM2.5

In absence of the USEPA final rule increments, SILs, and SMCs,24 New Jersey developed 

interim permitting and modeling procedures for sources emitting PM2.5 emissions. The interim 

procedures are not affected by the recent USEPA decision on PM2.5 reconsideration and stay of 

the grandfathering provision. New Jersey’s approach is more protective of health and the 

environment than the USEPA approach for two reasons. First, New Jersey’s interim procedures 

require inclusion of both filterable and condensable PM2.5 emissions in the air quality modeling 

evaluation. When PM2.5 data are not available to provide for actual PM2.5 data, the PM2.5 

emissions must be conservatively determined based on PM10, including the condensable portion. 

Secondly, New Jersey's approach compares the conservative determination of PM2.5 emissions 

(based on PM10, including condensable particulate matter) to the PM2.5 NAAQS and interim 

PM2.5 SILs. New Jersey does not follow the USEPA’s 1997 PM10 surrogate policy for PM2.5, 

which compared PM10 impacts to the PM10 NAAQS and PM10 SILs. Hence, New Jersey’s PM2.5

NNSR procedures do not grandfather PM2.5 emissions for either condensable PM2.5 or 

compliance with the PM2.5 NAAQS. 

PSD Requirements in New Jersey’s Attainment Counties: 

For attainment areas implementing the Federal PM2.5 PSD program through delegation, where 

the Federal government or a delegated state issues PSD permits, the PM2.5 PSD rule changes 

published on May 16, 2008 became effective as of July 15, 2008. New Jersey is a PSD 

delegated state. According to that rule, the May 16, 2008 changes to the Federal rule for PSD for 

New Jersey’s attainment counties implementing the Federal PSD program through delegation 

were effective as of July 15, 2008. The 2005 PM10 surrogate policy, therefore, no longer applied 

after July 15, 2008, to PSD permits. New Jersey’s interim procedures for PM2.5 for state permit 

requirements continue to ensure that the PSD permit is protective of air quality. 

Nonattainment NSR (NNSR) Requirements in New Jersey’s Nonattainment Counties: 

Currently in New Jersey, the USEPA’s Appendix S (40 C.F.R. Part 51) applies until New 

Jersey’s NSR rules for PM2.5 become effective, which is expected in 2012 or later depending 

upon the USEPA and court actions. The PM2.5 NSR rule allows up to three (3) years for states to 

revise their regulations and SIP. New Jersey expects the three-year clock to be triggered once 

the USEPA takes final actions on its repeal and reconsideration of federal rules by adopting the 

remaining components of the Federal PM2.5 NSR implementation rule, which is expected by the 

summer of 2010. New Jersey expects to develop NNSR rule strategies in 2010, propose a NNSR 

rule revision in 2011, and adopt a revised NNSR rule in 2012, or no later than three (3) years 

after the USEPA completes its rulemaking.

New Jersey also expects to adopt New Jersey specific PSD rules in the same timeframe. 

Currently, New Jersey implements most of the Federal PSD rules under a delegation agreement 

and will continue to do so until New Jersey PSD rules are effective. New Jersey certifies that it 

has a PSD program in place. 

 

24 72 Fed. Reg. 54112-54156 (September 21, 2007). 
7

B. Interstate Transport of Air Pollution and International Pollution Abatement – 42 

U.S.C. § 7410(a)(2)(D) (Section 110(a)(2)(D)) 

i. Section 110(a)(2)(D)(i) 

42 U.S.C. § 7410(a)(2)(D) (Section 110(a)(2)(D)) requires states to include provisions 

prohibiting any source or other type of emissions activity in one state from: 

1) Contributing significantly to nonattainment of the NAAQS for areas in another 

state or interfere with the maintenance of the NAAQS in another state; 

2) Interfere with measures required to meet the implementation plan for any other 

state related to PSD; or, 

3) Interfere with measures required to meet the implementation plan for any other 

state related to Regional Haze and Visibility. 

In order to address interstate pollution, New Jersey coordinates with the nearby states on regional 

control measures as part of planning organizations, such as the Ozone Transport Commission 

(OTC), Northeast States for Coordinated Air Use Management (NESCAUM), MidAtlantic/Northeast-Visibility Union (MANE-VU), and Mid-Atlantic Regional Air Management 

Association (MARAMA). New Jersey will continue to work regionally through these 

organizations. 

To meet the interstate transport provisions for the 1997 8-hour ozone and the 1997 PM2.5

NAAQS, the USEPA allowed the states to rely on the CAIR.25 The U.S. Court of Appeals 

determined the CAIR does not meet this obligation and remanded the rule back to the USEPA.26 

As the USEPA works to develop a replacement rule for the CAIR, the states in the eastern 

United States have been working together to develop recommendations to the USEPA regarding 

the replacement rule, including the issues of upwind transport and addressing Section 

110(a)(2)(D)(i). This effort is commonly referred to as the ‘State Collaborative’ (materials 

produced from this effort are included in Appendix D). On September 2, 2009, 17 states within 

the Ozone Transport Commission and the Lake Michigan Area Directors Consortium (LADCO) 

submitted a letter (see Appendix D) to the USEPA containing recommendations for the USEPA 

to consider as it develops the CAIR replacement rule. The recommendations follow through on 

the commitment made by these states in the March 9, 2009 Framework Document, contained in 

Appendix D, to work together to address the transport requirements of Section 110(a)(2)(D) of 

the Clean Air Act, and to attain the ozone and PM2.5 NAAQS. Based on the State Collaborative 

work and past USEPA practice, New Jersey determines that a state significantly contributes to a 

downwind state if its contribution is one percent (1%) or greater of the applicable NAAQS. In 

this case, one percent (1%) of the 24-hour (2006) PM2.5 NAAQS is 0.35 μg/m3. In developing 

 

25 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding 

Obligations Under Sections 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards. United States Environmental Protection Agency,” August 15, 2006. 

26 The Federal CAIR program, as established in the Federal rules, was vacated by the U.S. Court of Appeals for the 

District of Columbia Circuit (the “Court”) on July 11, 2008 (State of North Carolina v. Environmental Protection 

Agency, supra). On December 23, 2008, the Court remanded the CAIR to the USEPA without vacatur of CAIR “so 

that EPA may remedy CAIR’s flaws in accordance with” the Court’s July 2008 opinion vacating CAIR. 
8

the CAIR, the USEPA used a similar threshold. New Jersey uses a weight-of-evidence approach 

combining several analyses to determine significant contributions. The following discussion is a 

summary of Appendix E. 

1) New Jersey’s Significant Contributions to Other States 

a) Contributing Significantly to a Nonattainment Area or Interference with the 

Maintenance of the NAAQS in Another State 

According to the USEPA’s 2009 guidance,27 a state’s conclusion regarding its impact on 

nonattainment and maintenance of the NAAQS in any other state must be supported by 

“adequate technical analysis.” In order to assess New Jersey’s significant contributions to the 

downwind nonattainment and maintenance areas of the 24-hour PM2.5 NAAQS in other states, 

New Jersey utilizes a weight-of-evidence approach, using the best data available. Table 1.2 

provides a summary of the results of the modeling analyses used in this approach and New 

Jersey’s determination of significant contribution to interstate transport by New Jersey sources. 

While the methods analyzed did not identify Delaware as a state that New Jersey impacts, the 

methods did identify all of the states surrounding Delaware. Hence, New Jersey includes 

Delaware among the other states to which New Jersey significantly contributes. In addition, a 

review of ambient air quality monitoring data was used in the determination of significant 

contributions to other states, as discussed in Appendix E. The weight-of-evidence approach 

indicates New Jersey significantly contributes to Connecticut, Delaware, Maryland, 

Massachusetts, New Hampshire, New York, and Pennsylvania, as shown in Table 1.2 and Figure 

1.1. The details of the analyses are in Appendix E. 

Table 1.2: Summary of New Jersey’s Significant Contributions to Other States’ Fine 

Particulate Matter Concentrations 

Analysis PM2.5 CAIR 

Modeling 

8-Hour 

Ozone 

CAIR 

Modeling 

NOx SIP 

Call 

Modeling 

Regional 

Haze 

Modeling1 

State 

Collaborative 

Modeling 

Significant 

Contribution? 

(Y/N) 

State(s) NJ Only NJ+DE NJ Only NJ Only NJ Only NJ Only 

Connecticut x x x Y 

Delaware Y 

Maryland x Y 

Massachusetts x Y 

New Hampshire x Y 

New York x x x x Y 

Pennsylvania x x x Y 

1. The regional haze analyses concluded that New Jersey did not significantly impact any of the other states with Class I 

areas analyzed in the study. 

 

27 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see 

Appendix C). 
9

Figure 1.1: States to which New Jersey Significantly Contributes with respect to Fine 

Particulate Concentrations based upon a Weight-of-Evidence Approach 

b) Interference with Measures Required to Meet the Implementation Plan for Any 

Other State Related to Prevention of Significant Deterioration (PSD) 

The previous subsection summarizes the states New Jersey significantly impacts related to 

attainment and maintenance of the PM2.5 NAAQS. 42 U.S.C. § 7410(a)(2)(D)(i)(II) (Section 

110(a)(2)(D)(i)(II)) also requires protections to prevent further degradation of attainment and 

maintenance areas. According to the USEPA’s 2009 guidance, “this requirement is satisfied for 

PM2.5 if a state’s SIP includes preconstruction review programs for major sources that satisfy the 

requirements of 40 C.F.R. 51.165(b)(1) and 40 C.F.R. 51.166” (NSR and PSD, respectively).28 

The USEPA guidance also states, “Unless the area has known outstanding permit program 

deficiencies, it is not necessary, at this time, for states to make a SIP submission containing rule 

changes specifically to address section 110(a)(2)(D)(i)(II) for the 2006 24-hour PM2.5 NAAQS. 

If this is the case, the state can submit an appropriate certification as described previously in this 

guidance.”29 In addition, notwithstanding the absence of PSD increments for PM2.5, the USEPA 

believes that states may continue to rely upon their existing PSD and NNSR permitting programs 

to prevent significant deterioration of air quality within their own boundaries and in adjacent 

 

28 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see 

Appendix C). 

29 ibid. 
10

states until such increments are established. New Jersey’s existing PSD and NSR programs and 

subsequent revisions provide and will continue to provide these protections for new or modified 

sources. The details of these programs are discussed in Section A. New Jersey certifies that it 

has a PSD program in place. 

c) Interference with Measures Required to Meet the Implementation Plan for Any 

Other State Related to Regional Haze and Visibility 

42 U.S.C. § 7410(a)(2)(D)(i)(II) (Section 110(a)(2)(D)(i)(II)) requires protections to protect 

visibility. According to the USEPA’s 2009 guidance, this requirement consists of two phases of 

visibility protection, i.e., reasonably attributable visibility impairment (RAVI) (Phase 1) and 

regional haze (Phase 2).30 RAVI is visibility impairment attributable to a single source/small 

group of sources and regional haze is impairment from a multitude of sources over a large area. 

New Jersey’s Regional Haze SIP31 addresses both regional haze and RAVI. The following 

discussion provides an explanation of how New Jersey is meeting these requirements. 

Reasonably Attributable Visibility Impairment (RAVI)

Under the 1980 Federal regulations, currently at 40 C.F.R. 51.300-51.307, New Jersey was 

included in the 35 states that were required to submit SIPs to address RAVI at 40 C.F.R.

51.300(b)(2). At 40 C.F.R. 52.1606, New Jersey is under a Federal Implementation Plan (FIP) 

for visibility monitoring (requirement at 40 C.F.R. 51.305 and provisions at 40 C.F.R. 52.26), 

New Source Review (requirement at 40 C.F.R. 51.307 and provisions at 40 C.F.R. 52.28), and a 

long-term strategy (provisions at 40 C.F.R. 52.29). New Jersey has addressed these components 

in its Regional Haze SIP.32 This document outlines New Jersey’s long-term plan (2018) for 

addressing visibility-impairing air pollution within its borders and from out-of-state sources that 

impact New Jersey’s Federally protected visibility area or Class I area, the Brigantine Wilderness 

Area. The following section from the Regional Haze SIP addresses the RAVI requirement: 

10.2 Other Commitments 

10.2.1 Visibility 

New Jersey commits to continue carrying out the required review of proposed sources 

impact on visibility under 40 C.F.R. § 52.26 and 52.28, by implementing the Prevention 

of Significant Deterioration (PSD) permit requirements for new or modified major 

sources of air pollutants located within 100 kilometers of the Class I area, or within a 

larger radius on a case-by-case basis, in accordance with all applicable Federal rules 

for review of the impacts on Class I areas. 

New Jersey’s PSD program prevents new and modified sources from significantly 

 

30 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 

31 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 

32 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 
11

impacting visibility. The PSD program includes a requirement that evaluates the new 

source's visibility impact on any nearby Class I areas (Brigantine in New Jersey’s case). 

In some cases, the Federal Land Manager may exempt smaller, more distant PSD 

sources from having to do the visibility analysis, but the larger sources with the greatest 

chance of adversely impacting visibility at Brigantine will have to address the issue. In 

addition, older sources are expected to shut down with time, and new source emissions 

are minimized, thereby improving air quality and enhancing visibility at Brigantine. 

The Federal Land Manager is expected to finalize guidance for determining whether a 

PSD source addresses visibility impacts in mid 2010. This will be part of a new guidance 

document known as Federal Land Managers' Air Quality Related Values Work Group 2 

(FLAG 2). There will be an equation that adds the total NOx, SO2, sulfuric acid mix, and 

PM10 emissions in tons per year, and then divides by the distance to the Class I area in 

kilometers (km). If the result is greater than 10, a visibility analysis must be done. The 

non-PSD sources will be reviewed on a case by case basis depending on the emissions 

and the distance. 

10.2.2 Consultation with Federal Land Managers 

New Jersey commits to coordinate on-going consultation with the appropriate Federal 

Land Manager and the USEPA regarding future progress reports and State plan 

revisions.

New Jersey certifies that no source within the State emits pollutants that interfere with RAVI 

measures included in the applicable implementation plan of another state.

Regional Haze

New Jersey is meeting the regional haze requirement through its Regional Haze SIP. The latest 

revision was submitted to the USEPA on July 29, 2009.33 As discussed in Appendix E, the 

contribution assessment performed for the Regional Haze SIP concluded that New Jersey does 

not significantly contribute to visibility impairment, based on sulfate impacts at the Class I areas 

in Maine, New Hampshire, Vermont, West Virginia, and Virginia.34 Maine, New Hampshire, 

and Vermont included New Jersey as a contributing state in their Regional Haze SIPs, based on 

an agreement that all MANE-VU states would be included as impacting MANE-VU Class I 

areas.35,36,37

 

33 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 

34 Refer to the “Regional Haze Modeling Analysis” section for more details. 

35 Maine’s regional haze SIP is not yet available but electronic communication with Maine supports that New Jersey 

does not significantly contribute to its Class I Areas. 

36 NHDES. New Hampshire Regional Haze SIP Revision, Final Draft. New Hampshire Department of 

Environmental Services, November 3, 2008. 37 VTDEC. Vermont State Implementation Plan (SIP) Revision Regional Haze, Draft. State of Vermont, 

Department of Environmental Conservation (DEC), January 15, 2009. 
12

d) New Jersey’s Remedy to its PM2.5 Interstate Contributions 

New Jersey has taken a number of recent actions as well as measures that have been in place for 

many years to address its contribution to downwind areas. Table 1.3 lists New Jersey’s recently 

adopted control measures that reduce PM2.5, sulfur dioxide (SO2), oxides of nitrogen (NOx), and 

volatile organic compound (VOC) emissions.38 Some of these SIP measures are approved by the 

USEPA, as listed in 40 C.F.R. Part 52, Subpart FF, while other measures are pending approval 

by the USEPA. 

Table 1.3: New Jersey’s Recently Adopted Control Measures to Reduce Emissions of PM2.5

and its Precursors 

Measure Pollutant Reduced 

PM2.5 SO2 NOx VOC* 

Boilers Serving Electric Generating Units 

(EGUs) (Coal) x x x 

Boilers Serving EGUs (Oil and Gas) x 

CAIR/NOx Budget x x 

Refinery Consent Decrees x x x x 

PSEG-Consent Decree x x x 

Asphalt Production x 

NOx Reasonably Available Control Technology) 

(RACT) Rule (2006) x 

Industrial/Commercial/Institutional Boilers 

(2009) x 

Glass Manufacturing x 

Municipal Waste Combustor NOx rule x 

Case by Case NOx (Facility-Specific Emission 

Limits (FSELs)/Alternative Emission Limits 

(AELs)) 

 x 

High Electrical Demand Day (HEDD) x 

Sewage sludge incinerators x 

On-board Diagnostics (OBD) I/M x 

Diesel Vehicle Idling x x 

Diesel Vehicle Inspection and Maintenance 

(I/M) x x 

Diesel Vehicle Retrofit Program x 

Architectural Coatings 2005 x 

Portable Fuel Containers 2005 x 

Consumer Products 2005 x 

Consumer Products 2009 x 

Portable Fuel Containers 2009 x 

Adhesives & Sealants x 

Petroleum Storage x 

Case by Case VOC (AELs) x 

Asphalt Paving (cutback and emulsified) x 

 

38 Although the USEPA does not consider VOC as a PM2.5 precursor for SIP and conformity purposes, New Jersey 

anticipates a PM2.5 benefit from the implementation of these measures. 
13

Measure Pollutant Reduced 

PM2.5 SO2 NOx VOC* 

Group 1: Printing x 

Energy Master Plan x x x x 

Mercury Rule x x x 

* Although the USEPA does not consider VOC as a PM2.5 precursor for SIP and conformity 

purposes, New Jersey anticipates some PM2.5 benefit from the implementation of these measures. 

New Jersey has not quantified this benefit and is including the VOC measures in this list for 

informational purposes.

New Jersey is also proposing or evaluating additional measures that would reduce PM2.5 

emissions. These are summarized in Table 1.4. 

Table 1.4: Control Measures under Evaluation 

Measure Current Status of Measure 

Low sulfur distillate and residual fuel strategies Proposed 11/16/2009 (41 N.J.R. 

4156(a)), Implementation in 2014 with 

2016 as Phase 2 

Fugitive Dust at Stationary Sources Analysis underway 

Open Burning Permit Revisions Analysis underway 

#6 Fuel Oil-Fired Boilers To be evaluated 

Stationary Diesel Engines To be evaluated 

Residential Wood Burning Strategies To be evaluated 

Greenhouse Gas Reduction Plan Proposed 

Refineries Analysis underway 

As part of its evaluation of potential control measures, New Jersey worked with other states in 

the OTC and LADCO and reached a consensus through the State Collaborative on 

recommendations to the USEPA on a framework that the USEPA should follow to develop a 

replacement rule for the CAIR (see Appendix D). This framework included potential controls 

not only for national rules involving significantly contributing states that combine statewide 

emission caps and complementary regional trading programs but support for a Federal program 

that also requires substantial regional emission reductions from mobile and area sources. 

Quantitative analyses performed showed that New Jersey could reduce its impact if controls are 

applied to EGUs. In one of the assessments conducted by the OTC, applying EGU emission 

control rates of 0.07 pounds per million British Thermal Units (lb/mmBTU) for NOx and 0.15 

lb/mmBTU for SO2 in New Jersey would reduce emissions by 27 percent (%) (2,483 tons) and 

33 percent (%) (6,934 tons) for 2008, respectively (see Appendix D, “OTC CAIR Replacement 

Rule Recommendation Technical Support Document”). Using that assessment as a guide to 

determine what EGU emission control rates to recommend, similar rates were modeled for 2012 

and 2018, as shown in Figure 1.2. Figure 1.3 shows the improvement in daily PM2.5

concentrations across the region for 2012. Figure 1.4 shows that only five (5) counties in the 

Northeast, including counties in New Jersey, are not attaining the daily PM2.5 standard in 2012. 

Thus, the regional modeling performed shows that an EGU-based strategy would have a positive 

impact on PM2.5 air quality in the region and that while nearby sources have the greatest impact, 

significant contribution to levels of PM2.5 can come from states several hundred miles away. 

This modeling demonstrates that New Jersey would reduce its daily PM2.5 significant 
14

contributions through a future EGU-based control strategy prior to the expected attainment date 

of 2014 for the 35 μg/m3

 daily PM2.5 NAAQS. This control strategy proposal is similar to 

performance standards adopted by New Jersey on March 20, 2009,39 which will be effective by 

December 2012. New Jersey’s emission rate for SO2 is as stringent as modeled. The NOx

emission rates are comparable to the rate modeled, i.e., 0.125 lb/mmBTU, depending upon the 

averaging times relevant for the model. Thus, the estimated EGU reductions from the rule are 

anticipated to be similar to the reductions assumed in the modeling scenario described above. 

Figure 1.2: Modeled EGU Emission Control Rates by the State Collaborative* 

* Refer to Appendix D for more details. 

 

39 Adopted Rules Published in NJ Register - 41 N.J.R. 1752(a). 

0

1,500,000

3,000,000

4,500,000

6,000,000

7,500,000

9,000,000

Eastern U.S. Annual EGU Emissions (tpy) 

NOx SO2

Scenario E Scenario F 

(2012) (2018) 

0.125 lb/MMBTU 0.07 

Scenario E Scenario F 

(2012) (2018) 

0.25 lb/MMBTU 0.10 

2005 2007 2009-C 2012-C 2018-C 

 2012-E 2018-F 

2005 2007 2009-C 2012-C 2018-C 

 2012-E 2018-F 
15

Figure 1.3: Daily PM2.5 Air Quality Improvement for 2012* 

*Refer to Appendix D for more details. 

Figure 1.4: Daily PM2.5 Concentrations in 2012* 

* Refer to Appendix D for more details. 

New Jersey is complying with the Federal Clean Air Act’s requirements regarding interstate 

transport as it relates to the PM2.5 NAAQS and is doing more to ensure that it is not interfering

with the ability of its neighboring states to attain and maintain that standard or visibility goals. 

While many of New Jersey’s existing control measures listed in Tables 1.5 and 1.6 are already 
16

more stringent than the existing pollution control requirements in many neighboring states, New 

Jersey will consider any additional measures, which will be implemented by the neighboring 

upwind and downwind states, if they would provide additional emission reductions.

The control measures implemented in New Jersey address its contributions to the downwind 

areas, ensuring that its sources’ emissions do not interfere with the attainment or maintenance of 

the 24-hour PM2.5 NAAQS or measures that prevent significant deterioration and protect 

visibility in another state. New Jersey expects the other significantly contributing states to the 

downwind areas of interest to timely implement reasonable measures, including measures similar 

to New Jersey’s, to address their contributions and to help bring the areas into attainment of the 

PM2.5 NAAQS, preserving the maintenance of the standard, and meeting visibility goals. 

2) Other States’ Significant Impacts on New Jersey 

Applying the same weight-of-evidence approach, the states in Table 1.5 significantly contribute 

to New Jersey’s PM2.5 nonattainment in its thirteen (13) counties designated as not attaining the 

35 μg/m3 24-hour (2006) PM2.5 NAAQS and interfere with the maintenance of attainment in the 

remaining eight (8) counties. The details of this analysis are in Appendix E. 
17

Table 1.5: Summary of Significant Contributions from Other States’ to New Jersey’s Fine 

Particulate Matter Nonattainment and Maintenance 

Analysis PM2.5 CAIR 

Modeling 

8-Hour 

Ozone CAIR 

Modeling 

NOx SIP Call 

Modeling 

Regional Haze 

Modeling1 

State 

Collaborative 

Modeling 

Significant 

Contribution? 

(Y/N) 

State(s)/Area(s) NJ Only NJ Only NJ Only NJ Only NNJ/NY/CT2

Canada x Y 

CENRAP3_WRAP4_South x Y 

Connecticut 

x 

(combined with 

Rhode Island) 

Y 

Delaware x x x x Y 

District of Columbia x Y 

Georgia x Y 

Illinois x x x Y 

Indiana x x x Y 

Kentucky x x x Y 

Maryland 

x 

(combined with 

D.C.) 

x 

(combined 

with D.C.) 

x x 

x 

(combined with 

D.C.) 

Y 

Massachusetts x Y 

Michigan x x x x x Y 

New York x x x x x Y 

North Carolina x x x Y 

Ohio x x x x x Y 

Pennsylvania x x x x x Y 

South Carolina x Y 

Tennessee x Y 

Virginia x x x x x Y 

West Virginia x x x x x Y 

1. Contributing states included those with a sulfate contribution >2%; Illinois and New York are also included based upon other 

modeling techniques (see New Jersey’s Regional Haze SIP). 

2. Northern New Jersey/New York/Connecticut nonattainment area 

3. CENRAP = Central Regional Air Planning Association. CENRAP is an organization of states, tribes, federal agencies. The states

included are Nebraska, Kansas, Oklahoma, Texas, Minnesota, Iowa, Missouri, Arkansas, and Louisiana. 

4. WRAP = Western Regional Air Partnership. The WRAP is made up of western states, tribes, and federal agencies. The states are 

Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, 

and Wyoming. 
18

New Jersey requests that the USEPA, when it evaluates the SIPs from these states, ensure that 

they are not hindering the attainment and maintenance of the PM2.5 NAAQS in New Jersey or in 

the multi-state nonattainment areas. With regard to regional haze, New Jersey expects that the 

USEPA and the Federal Land Managers (FLMs) will monitor and ensure the emission reductions 

from the contributing states to achieve the 2018 reasonable progress goals set for the Brigantine 

Wilderness Area. As discussed in detail in Appendix D, New Jersey requests that the USEPA 

consider recommendations made by the State Collaborative and the OTC as the USEPA 

develops a replacement rule for the CAIR. 

ii. Section 110(a)(2)(D)(ii) 

Section 110(a)(2)(D)(ii) of the Clean Air Act ensures compliance with the applicable 

requirements of 42 U.S.C. § 7426 (Section 126) and 42 U.S.C. § 7415 (Section 115) (relating to 

interstate and international pollution abatement, respectively). 

Section 126 of the Clean Air Act

Section 126(a) requires each SIP to require that all major sources (new or modified) provide 

written notice to all surrounding states regarding the source’s impact on air pollution levels at 

least 60 days prior to commencement of construction. Those sources must also identify major 

existing stationary sources that would also impact air pollution levels. The sources subject to 

this requirement are those major sources subject to Part C of the Clean Air Act and those that 

contribute to pollution levels in areas above the NAAQS. 

New Jersey sends communications to all the surrounding states regarding all Title V operating 

permit actions: Maryland, Pennsylvania, Delaware, New York, and Connecticut, in accordance 

with N.J.A.C. 7:27-22.11(k). 

Section 115 of the Clean Air Act

Section 115 of the Clean Air Act requires that states revise their SIPs in the case that pollutants 

emitted from the state endanger public health or welfare in a foreign country. 

In the case that the USEPA makes a finding that a state’s plan is inadequate under Section 

126(a)(2)(H)(ii) of the Clean Air Act in response to an international agency’s reports, surveys, or 

studies, Section 115(b) of the Clean Air Act requires the applicable state plan be revised to 

reduce the pollution endangering public health or welfare in a foreign country. New Jersey has 

the authority to revise its SIP under N.J.A.C. 26:2C-8.11 and conduct any further research as 

needed under N.J.A.C. 26:2C-9. 

Modeling performed by the State Collaborative, as discussed in Section D(i) of this Certification, 

demonstrated that emission sources in Canada impact the air quality in New Jersey (see Table 

1.5). New Jersey’s impacts on Canada were not assessed. Even though New Jersey does not 

anticipate that its emissions significantly impact any foreign country, New Jersey will revise its 

SIP accordingly and protect the public health and welfare in foreign countries should the State 

receive such a notification. 
19

C. Emergency Powers and Contingency Plans – 42 U.S.C. § 7410(a)(2)(G) (Section 

110(a)(2)(G)) 

States are to provide for authority comparable to that in Section 303 of the Clean Air Act, which 

provides legal authority to halt the emission of air pollutants causing or contributing to injury to 

public or welfare. In addition, states are to provide for adequate contingency plans to implement 

such authority. 

This authority is provided in New Jersey’s Air Pollution Emergency Control Act (N.J.S.A. 

26:2C-26 et seq.), which is implemented through New Jersey’s rules at N.J.A.C. 7:27-12. New 

Jersey’s emergency episode plans/contingency plans are contained in New Jersey’s rules at 

N.J.A.C. 7:27-12, which are consistent with the USEPA’s regulations at 40 C.F.R. Part 51, 

Subpart H, and the example rule in Appendix L. 

On October 22, 2008, the USEPA published a “Finding of failure to submit specific elements of 

Section 110(a)(2), pertaining to the fine particulate matter (PM2.5) NAAQS” concluding that the 

State’s Infrastructure SIP “fails to address the contingency plan portion of section 110(a)(2)(G) 

element concerning emergency powers and adequate contingency plans.”40 This appears to be an 

error as discussed below. 

According to 40 C.F.R. 51.150, New Jersey is classified as a Priority III region for particulate 

matter because its ambient air concentrations for particulate matter do not meet the criteria for a 

Priority I (95 μg/m3 annual geometric mean; 325 μg/m3 24-hour maximum) or II (60–95 μg/m3 

annual geometric mean; 150–325 μg/m3 24-hour maximum) region. According to 40 C.F.R.

51.152(c) “Areas classified Priority III do not need to develop episode plans” for PM2.5. Also, 

New Jersey has rules at N.J.A.C. 7:27-12 for emergency episodes for particulate matter. 

According to the USEPA’s 2009 guidance, New Jersey is not required to establish a contingency 

plan at this time, given that the existing monitored levels of 24-hour PM2.5 have not exceeded 

140.4 μg/m3

 since 2006.41 The USEPA is also using these conditions to resolve the finding of 

failure to submit issued for the annual (1997) PM2.5 NAAQS (see Appendix C). Quality-assured 

ambient air quality data available in the Air Quality System (AQS) indicate that New Jersey’s 

24-hour PM2.5 concentrations do not come close to 140.4 μg/m3

. A review of the ambient air 

quality data from 2006-2008 shows that most of the highest 24-hour PM2.5 concentrations 

recorded in New Jersey typically range from 40-59 μg/m3, with a maximum value of 91.0 μg/m3

recorded in 2006 in Atlantic City. Recognizing that single episodes may cause significantly 

higher concentrations, a review of the ambient air quality monitored during the 2002 Canadian 

forest fires (northern Quebec) shows that even during this extreme event the maximum 24-hour 

PM2.5 concentration reached 106.7 μg/m3, which is well below 140.6 μg/m3. Since New Jersey 

never exceeded 140.4 μg/m3 since 2006, New Jersey certifies that it has the appropriate authority 

 

40 73 Fed. Reg. 62904 (October 22, 2008). 41 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 
20

to address PM2.5 related episodes, and that no specific emergency episode plans are necessary at 

this time, given existing monitored levels. 

D. Consultation, Public Notification, and Prevention of Significant Deterioration – 42 

U.S.C. § 7410(a)(2)(J) (Section 110(a)(2)(J)) 

States are required to meet the applicable requirements of Clean Air Act Section 121 (relating to 

consultation), Section 127 (relating to public notification), and Part C (relating to prevention of 

significant deterioration of air quality and visibility protection). 

i. Consultation and Public Notification 

States are required to meet the applicable requirements of Clean Air Act Section 121 (relating to 

consultation), Section 127 (relating to public notification), and Part C (relating to prevention of 

significant deterioration of air quality and visibility protection). 

Clean Air Act Section 121 requires that states provide a satisfactory process of consultation with 

general purpose local governments, designated organizations of elected officials of local 

governments, and any affected federal land manager in carrying out the Clean Air Act 

requirements. New Jersey provides the opportunity to the public to participate in the public 

comment period and public hearing for rulemaking and SIP proposals, in accordance with 

applicable rules and regulations, as described in Section M (see Appendix A). Another avenue 

of consultation with the public and the regulated community is through workshops. In 

preparation for the attainment demonstration SIP revisions for the 85 parts per billion (ppb) 8-

hour ozone and 15 μg/m3 annual PM2.5, New Jersey consulted with representatives of civic, 

environmental, and industrial groups, as well as other interested parties through the ongoing 

Reducing Air Pollution Together Initiative that began with a workshop on June 29, 2005 and the 

formation of the six air quality workgroups. The public had an opportunity to provide feedback 

on the workshop and on white papers on various control options drafted by New Jersey (This 

initiative is further discussed at http://www.nj.gov/dep/baqp/rapt/rapt.html). 

In addition, New Jersey met with the federal land manager, regional organizations, and affected 

states for the purpose of the Regional Haze SIP.42 Also, New Jersey consults with the 

Metropolitan Planning Organizations regularly to discuss transportation-related air quality issues 

as required by the Transportation Conformity Rule. 

Clean Air Act Section 127 requires the states to provide measures which will be effective to 

notify the public on a regular basis of instances or areas in which any air quality standard is 

exceeded during the preceding calendar year, to advise the public of the health hazards 

associated with such pollution, and to enhance public awareness of measures that can be taken to 

prevent such standards from being exceeded. New Jersey has a standard operating procedure by 

which notification of NAAQS exceedances is sent to the news media. Additionally, the 

notification of NAAQS exceedances is posted on the State’s website (http://www.nj.gov/dep). 

The State’s website also contains information for the public on the health hazards associated with 

 

42 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 
21

such pollution and measures that can be taken to help prevent such standards from being 

exceeded. When an exceedance or unhealthy air is forecasted, the information is also sent out to 

participants of the State’s Air Advisory listserv, an e-mail service that is used to broadcast 

information. New Jersey certifies compliance with this element. 

ii. Prevention of Significant Deterioration 

On October 22, 2008, the USEPA published a “Finding of failure to submit specific elements of 

Section 110(a)(2), pertaining to the fine particulate matter (PM2.5) NAAQS” concluding that the 

State’s Infrastructure SIP fails to address a plan “addressing section 110(a)(2)(C) and (J) 

pertaining to the Part C Prevention of Significant Deterioration (PSD) permit program.” 43

The PSD program and the finding are discussed in Section C of this Certification. New Jersey 

certifies that it has a PSD program in place. For visibility improvement, New Jersey included all 

the necessary requirements in its recent Regional Haze SIP.44 

III. Conclusion

Regarding the Part C PSD permit program for PM2.5, in absence of the USEPA final rule PM2.5 

increments, significant impact levels (SILs), and significant monitoring concentrations (SMCs),45

at the time of this Certification, New Jersey is implementing its own interim permitting and 

modeling procedures for sources emitting PM2.5 emissions. The interim procedures require 

inclusion of both filterable and condensable PM2.5 emissions in the air quality modeling 

evaluation and compares the conservative determination of PM2.5 emissions (based on PM10, 

including condensable particulate matter) to the PM2.5 NAAQS. New Jersey does not follow the 

USEPA’s 1997 PM10 surrogate policy for PM2.5. New Jersey’s approach is more protective of 

health and the environment than the interim Federal approach. 

New Jersey is complying with the USEPA’s requirements regarding interstate transport as it 

relates to the PM2.5 NAAQS and is not interfering with the ability of its neighboring states to 

attain and maintain that standard. In order to assess the State’s significant contributions to the 

downwind nonattainment or maintenance areas of the 24-hour PM2.5 NAAQS, New Jersey 

utilizes a weight-of-evidence approach using the best data available. This analysis indicates that 

New Jersey significantly contributes to the PM2.5 concentrations in Connecticut, Delaware, 

Maryland, Massachusetts, New Hampshire, New York, and Pennsylvania. 

New Jersey has taken a number of recent actions, as well as measures that have been in place for 

many years to address its contribution to transport. With these actions, New Jersey is confident 

that it is adequately addressing its contribution to the downwind areas. 

 

43 73 Fed. Reg. 62904 (October 22, 2008). 44 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 

45 72 Fed. Reg. 54112-54156 (September 21, 2007). 
22

New Jersey is also proposing or evaluating additional measures that would further reduce PM2.5 

emissions. New Jersey will consider any additional measures, implemented by the neighboring 

upwind and downwind states, if they would provide additional emission reductions in the State. 

New Jersey applied the same weight-of-evidence approach used in its significant contribution 

analysis to determine other states’ contributions to New Jersey. Nineteen (19) states identified 

by applying this method significantly contribute to the State’s PM2.5 nonattainment in its thirteen 

(13) counties designated as not attaining the 35 μg/m3 24-hour (2006) PM2.5 NAAQS and 

interfere with the maintenance of attainment in the remaining eight (8) counties. 

New Jersey is meeting the contingency plan portion of section 110(a)(2)(G) element concerning 

emergency powers and adequate contingency plans according to 40 C.F.R. 51.150 and Federal 

guidance. According to the USEPA’s 2009 guidance, New Jersey is not required to have a 

contingency plan at this time, given that the existing monitored levels of 24-hour PM2.5 have not 

exceeded 140.4 μg/m3

 since 2006; however, New Jersey has rules at N.J.A.C. 7:27-12 for 

emergency episodes for particulate matter. The USEPA is also using these conditions to resolve 

the finding of failure to submit issued for the annual (1997) PM2.5 NAAQS. 

Through this Certification, the State of New Jersey is demonstrating that the infrastructure and 

transport requirements for the 35 μg/m3 24-hour (2006) PM2.5 NAAQS have been satisfied. 
The State of New Jersey 

Department of Environmental Protection 

Certification 

For Meeting the Infrastructure Requirements 

in the Clean Air Act 

for 

35 μg/m3 24-Hour (2006) Fine Particulate Matter National 

Ambient Air Quality Standard 

Appendix A: Infrastructure Elements Not Including 

Sections 110(a)(2)(C), (D), (G), or (J) 

 January 2010
ii

Table of Contents 

TABLE OF CONTENTS.............................................................................................................ii 

LIST OF TABLES.......................................................................................................................iii 

ACRONYMS AND ABBREVIATIONS....................................................................................iv 

I. Introduction..........................................................................................................................1 

A. Background on Infrastructure Elements of 42 U.S.C. § 7410(a)(1) and (2) (Section 

110(a)(1) and (2)).............................................................................................................1 

II. 42 U.S.C. § 7410(a)(1) (Section 110(a)(1))..........................................................................4

III. Infrastructure Elements of the Clean Air Act Under 42 U.S.C. § 7410(a)(2) (Section 

110(a)(2))...............................................................................................................................6

A. Emission Limits and Other Control Measures – 42 U.S.C. § 7410(a)(2)(A) (Section 

110(a)(2)(A))....................................................................................................................6 

B. Air Quality Monitoring, Compilation, Data Analysis, and Reporting – 42 U.S.C. § 

7410(a)(2)(B) (Section 110(a)(2)(B))..............................................................................6 

C. Resources, Conflict of Interest, and Emergency Backstop – 42 U.S.C. § 7410(a)(2)(E) 

(Section 110 (a)(2)(E)).....................................................................................................6 

D. Stationary Source Emissions Monitoring and Reporting – 42 U.S.C. § 7410(a)(2)(F) 

(Section 110(a)(2)(F))......................................................................................................7 

E. State Implementation Plan Revision For Revised Air Quality Standards or New 

Attainment Methods – 42 U.S.C. § 7410(a)(2)(H) (Section 110(a)(2)(H)).....................7 

F. State Implementation Plan for Nonattainment Areas – 42 U.S.C. § 7410(a)(2)(I) (Section 

110(a)(2)(I)) .....................................................................................................................8 

G. Air Quality Modeling and Reporting – 42 U.S.C. § 7410(a)(2)(K) (Section 110(a)(2)(K))

..........................................................................................................................................8 

H. Major Stationary Source Permitting Fees – 42 U.S.C. § 7410(a)(2)(L) (Section 

110(a)(2)(L))....................................................................................................................9 

I. Consultation with Local Entities – 42 U.S.C. § 7410(a)(2)(M) (Section 110(a)(2)(M)).9 

IV. Conclusion .........................................................................................................................10 
iii

List of Tables 

Table A1: Infrastructure Elements Required under the Federal Clean Air Act (42 U.S.C. § 

7410(a)(2) (Section 110(a)(2))...................................................................................5 
iv

Acronyms and Abbreviations 

μg/m3 Micrograms per cubic meter 

CAIR Clean Air Interstate Rule 

FIP Federal Implementation Plan 

MARAMA Mid-Atlantic Regional Air Management Association 

NAAQS National Ambient Air Quality Standards 

NESCAUM Northeast States for Coordinated Air Use Management 

N.J.A.C. New Jersey Administrative Code 

NJDEP New Jersey Department of Environmental Protection 

N.J.S.A. New Jersey Statutes Annotated 

NOx Oxides of Nitrogen 

OTC Ozone Transport Commission 

PM Particulate Matter 

PM2.5 Fine Particulate Matter 

ppm Parts per million 

PSD Prevention of Significant Deterioration 

SIP State Implementation Plan 

SO2 Sulfur Dioxide 

U.S.C. United States Code 

USEPA United States Environmental Protection Agency 
1

I. Introduction 

The purpose of this Certification appendix is to discuss the infrastructure elements required 

under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2)) for the 35 μg/m3 24-hour 

(2006) Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS) that 

remained consistent with New Jersey’s 2008 Infrastructure SIP revision.1

 Administrative 

changes to these sections are minor and entail clarifications from the 2008 SIP revision. The 

elements discussed in this appendix do not include 42 U.S.C. § 7410(a)(2)(C), (D), (G), or (J) 

(Sections 110(a)(2)(C), (D), (G), or (J)), as they are addressed in the main document. 

A. Background on Infrastructure Elements of 42 U.S.C. § 7410(a)(1) and (2) (Section 

110(a)(1) and (2)) 

On July 18, 1997, the United States Environmental Protection Agency (USEPA) promulgated 

revised and new NAAQS for ozone and PM2.5, respectively. For ozone, the USEPA revised the 

NAAQS to 0.08 parts per million (ppm) with an 8-hour averaging period (versus the 0.12 ppm 

standard with a 1-hour averaging period for the pre-existing NAAQS).2 The USEPA also 

promulgated new 24-hour and new annual NAAQS for fine particulate matter (PM2.5 or particles 

with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) of 65 

micrograms per cubic meter (μg/m3) and 15 μg/m3, respectively.3,4

For every new or revised NAAQS, the Federal Clean Air Act requires the states demonstrate the 

ability to implement, maintain, and enforce that standard.5 By Federal statute, State 

Implementation Plans (SIPs) meeting the requirements of Section 110(a)(1) and (2) are to be 

submitted by states within three (3) years after promulgation of a new or revised standard. This 

being the case, states were required to submit such SIPs for the 1997 standards to the USEPA no 

later than July 2000. However, intervening litigation over the 1997 8-Hour Ozone and PM2.5

NAAQS created uncertainty about how to proceed and states did not submit SIPs to meet the 

infrastructure requirements enumerated in Section 110(a)(1) and (2). 

In March of 2004, Earth Justice initiated a lawsuit against the USEPA for failure to take action 

against states that had not made revisions to their SIPs to meet the requirement of Section 

110(a)(1) and (2), i.e., failure to make a “finding of failure to submit.” On March 10, 2005, the 

USEPA entered into a Consent Decree with Earth Justice that obligated the USEPA to make 

official findings whether states had made required implementation plan submissions by dates 

 

1

 NJDEP. State Implementation Plan Revision for Meeting the Infrastructure Requirements of the Clean Air Act. 

New Jersey Department of Environmental Protection, February 2008. Other than the findings from the USEPA on 

October 22, 2008 (73 Fed. Reg. 62904), there has been no further action taken on this SIP revision. 2

 62 Fed. Reg. 38855-38896 (July 18, 1997). 3

 62 Fed. Reg. 38652-38760 (July 18, 1997). 4

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality Standards,” October 2, 2007. 5

Under 42 U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2)), all states are required to submit plans to 

demonstrate states’ ability and authority to implement, maintain, and enforce the 8-hour ozone and fine particulate 

matter standards. Under Section 110(a)(1) and (2) states are required to address basic state implementation plan 

requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of 

the standards. 
2

certain. The Consent Decree obligated the USEPA to determine whether states have made SIP 

submissions required to meet Section 110(a)(1) and (2) related to interstate transport by no later 

than March 15, 2005. The Consent Decree also obligated the USEPA to make a determination 

whether states have made submissions necessary to meet the remaining requirements under 

Section 110(a)(1) and (2) by December 15, 2007, for the 1997 8-Hour Ozone NAAQS, and by 

October 5, 2008, for the 1997 PM2.5 NAAQS.6 It should be noted that the latter determinations 

pertain only to whether the submissions are complete, pursuant to Section 110(k)(1)(A), and do 

not constitute USEPA approval or disapproval of such submissions. In addition, the 

determinations required by the Consent Decree explicitly exclude any determinations regarding: 

(i) submissions required by Section 110(a)(2)(C) to the extent that subsection pertains to a 

nonattainment area new source review permit program in Part D Title I of the Clean Air Act; and 

(ii) submissions required by Section 110(a)(2)(I) for Part D Title I nonattainment area plans. 

In accordance with the Consent Decree, on April 25, 2005, the USEPA published a finding that 

all fifty states failed to submit revisions to their SIPs addressing interstate transport for the 1997 

8-Hour Ozone and PM2.5 NAAQS, as required by Section 110(a)(2)(D)(i) of the Federal Clean 

Air Act.7 That finding initiated a two-year deadline for the promulgation of a Federal 

Implementation Plan (FIP) by the USEPA for each such state unless, prior to that time, each state 

made a submission to meet the requirements of Section 110(a)(2)(D)(i) and the USEPA 

approved such submission. 

On May 12, 2005, the USEPA published the Clean Air Interstate Rule (CAIR) which included 

the USEPA’s analysis of the degree to which emissions of sulfur dioxide (SO2) and oxides of 

nitrogen (NOx) in certain states significantly contribute to nonattainment of, or interfere with 

maintenance of, the 1997 8-Hour Ozone and PM2.5 NAAQS in downwind states, and the 

reductions that must be achieved in those states to eliminate such contributions. 

On August 15, 2006, the USEPA issued guidance for states to meet the requirements of Section 

110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 NAAQS.8 This guidance indicated that states 

within the CAIR region, which includes New Jersey (the State), could satisfy the requirements 

under Section 110(a)(2)(D) by satisfying the requirements of the CAIR, and addressed what 

other states that are outside of the CAIR region should consider doing to meet the “significant 

contribution” and “interfere with maintenance” requirements of Section 110(a)(2)(D)(i) for the 

1997 standards. This guidance also addressed what all fifty states should consider in making SIP 

submissions to meet the “prevention of significant deterioration” and “protect visibility” 

requirements of Section 110(a)(2)(D)(i). 

 

6

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality Standards,” October 2, 2007. 7

 70 Fed. Reg. 21147 (April 25, 2005). 8

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding 

Obligations Under Sections 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards. United States Environmental Protection Agency,” August 15, 2006. 
3

New Jersey fulfilled the interstate transport requirements of Section 110(a)(2)(D)(i) for the 1997 

NAAQS, as allowed per the USEPA 2006 guidance,9

 through: 1) a letter sent to the USEPA 

Regional Administrator on December 22, 2006 stating the intention to submit an abbreviated 

CAIR SIP, but that the CAIR SIP was not enough to address New Jersey’s interstate transport 

concerns (Appendix B); and 2) the submission of a CAIR SIP to the USEPA on June 26, 2007 

that was subsequently approved by the USEPA on September 28, 2007. 

On September 21, 2006, the USEPA promulgated a revised Particulate Matter (PM) NAAQS, 

which became effective December 18, 2006.10 This revised standard did not result in any 

changes to the annual standard (15.0 μg/m3

) established in 1997, but resulted in a 24-hour 

standard change from 65 μg/m3 to 35 μg/m3. In New Jersey, the 35 μg/m3 24-hour (2006) 

standard is more controlling or stringent than the annual standard, based on an evaluation of 

monitoring data. The revision of the 24-hour (2006) standards requires the states to submit 

revised Infrastructure/Transport SIPs by September 21, 2009. 

On October 2, 2007, the USEPA issued guidance for states to complete their requirements under 

Sections 110(a)(1) and (2) for the 1997 8-hour ozone and PM2.5 NAAQS.11

On February 25, 2008, New Jersey submitted an Infrastructure SIP to the USEPA, which 

addressed the remaining requirements under Section 110(a)(1) and (2) for the 1997 8-hour ozone 

and the 1997 PM2.5 NAAQS.12 

On October 22, 2008, the USEPA published a “Finding of failure to submit specific elements of 

Section 110(a)(2), pertaining to the fine particulate matter (PM2.5) NAAQS” concluding that the 

State’s Infrastructure SIP fails to address the following two elements: 

 A plan “addressing section 110(a)(2)(C) and (J) pertaining to the Part C Prevention of 

Significant Deterioration (PSD) permit program,” and 

 “The contingency plan portion section 110(a)(2)(G) element concerning emergency 

powers and adequate contingency plans.”13 

On September 25, 2009, the USEPA released guidance for the 35 μg/m3

 24-hour (2006) PM2.5

standards (see Appendix C).14 In the 2009 guidance, the USEPA acknowledges that a state’s 

 

9

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding 

Obligations Under Sections 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards. United States Environmental Protection Agency,” August 15, 2006. 

10 71 Fed. Reg. 61144-233 (October 17, 2006). 11 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality Standards,” October 2, 2007. 12 NJDEP. State Implementation Plan Revision for Meeting the Infrastructure Requirements of the Clean Air Act. 

New Jersey Department of Environmental Protection, February 2008. Other than the findings from the USEPA on 

October 22, 2008 (73 Fed. Reg. 62904), there has been no further action taken on this SIP revision. 13 73 Fed. Reg. 62904 (October 22, 2008). 14 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 
4

existing infrastructure SIP may be adequate to satisfy the all of the requirements under Section 

110(a)(2). Accordingly, this infrastructure certification document (“Certification”) will address 

the elements summarized in Table 1.1, while specifically discussing the transport requirements 

under Section 110(a)(2)(D) for the 35 μg/m3

 24-hour (2006) PM2.5 NAAQS and the October 22, 

2008 USEPA findings for the 1997 PM2.5 NAAQS. 

II. 42 U.S.C. § 7410(a)(1) (Section 110(a)(1)) 

42 U.S.C. § 7410(a)(1) addresses the timing requirement of the submissions of SIP revisions. By 

submitting this Infrastructure Certification to the USEPA, New Jersey will have satisfied the 

timing requirement to submit a plan within 3 years after the promulgation of the 35 μg/m3

 24-

hour (2006) PM2.5 NAAQS (September 21, 2006). 

III. Infrastructure Elements of the Clean Air Act Under 42 U.S.C. § 7410(a)(2) (Section 

110(a)(2)) 

The infrastructure elements that are required under 42 U.S.C. § 7410(a)(2) (Section 110(a)(2)) 

are listed in Table A1. There has been no change in authority with respect to the infrastructure 

requirements, since the previous infrastructure SIP revision submitted in 2008. In its 2009 

guidance, the USEPA acknowledges that a state’s existing infrastructure SIP may be adequate to 

satisfy the all of the requirements under Section 110(a)(2). New Jersey certifies compliance with 

these elements through its existing SIP, and as described in this Certification. This appendix 

discusses the elements listed in Table A1 expect for: 

• Enforcement and Stationary Source Permitting – Section 110(a)(2)(C); 

• Interstate Transport – Section 110(a)(2)(D); 

• Emergency Powers and Contingency Plans – Section 110(a)(2)(G); and 

• Consultation, Public Notification, and Prevention of Significant Deterioration – Section 

110(a)(2)(J). 

 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 
5

Table A1: Infrastructure Elements Required under the Federal Clean Air Act (42 U.S.C. § 

7410(a)(2) (Section 110(a)(2))

Section 

110(a)(2) 

Element

Summary of Element New Jersey Authority 

110(a)(2)(A) Enforceable Emission Limitations and 

Other Control Measures 

N.J.S.A. 26:2C-8, 9, and 19 

N.J.A.C. 7:27 

110(a)(2)(B) Air Quality Monitoring, Compilation, 

Data Analysis, and Reporting 

N.J.S.A. 26:2C-9.a. 

110(a)(2)(C) Enforcement and Stationary Source 

Permitting 

N.J.S.A. 26:2C-19 

N.J.A.C. 7:27 and 7:27A 

110(a)(2)(D) Interstate Transport of Air Pollution and 

International Pollution Abatement 

N.J.A.C. 7:27 

N.J.A.C. 7:27-22.11(k) 

N.J.A.C. 7:27-22.24 

N.J.S.A. 26:2C-8.11 

N.J.S.A. 26:2C-9 

110(a)(2)(E) Resources, Conflict of Interest, and 

Emergency Backstop 

N.J.S.A. 26:2C-8 

N.J.S.A. 13:1D-9 

N.J.S.A. 52:13D-12 et seq. 

N.J.S.A. 26:2C-22 

110(a)(2)(F) Stationary Source Emissions Monitoring 

and Reporting 

N.J.S.A. 26:2C-9.2 

N.J.A.C. 7:27 

110(a)(2)(G) Emergency Powers and Contingency 

Plans 

N.J.S.A. 26:2C-26 et seq. 

N.J.A.C. 7:27-12 

110(a)(2)(H) State Implementation Plan Revision For 

Revised Air Quality Standards or New 

Attainment Methods 

N.J.S.A. 13:1D-9 

110(a)(2)(I) State Implementation Plan for 

Nonattainment Areas 

N.J.S.A. 13:1D-9 

110(a)(2)(J) Consultation and Public Notification N.J.S.A. 26:2C-8, 9, and 19 

N.J.S.A. 26:2C-8 

N.J.S.A. 52:14B-1 et seq. 

110(a)(2)(K) Air Quality Modeling and Reporting N.J.A.C. 7:27-8.5 and 22.8 

110(a)(2)(L) Major Stationary Source Permitting Fees N.J.A.C. 7:27-22.31 

110(a)(2)(M) Consultation with Local Entities N.J.S.A. 26:2C-8 

N.J.S.A. 52:14B-1 et seq. 

The following discussions address the infrastructure elements required under Section 110(a)(2) 

for the 35 μg/m3

 24-hour (2006) PM2.5 health-based NAAQS,15 with the exception of the 

sections listed previously. 

 

15 The USEPA’s 2007 Guidance stated that Infrastructure State Implementation Plan requirements for the 2006 

National Ambient Air Quality Standards would be addressed separately but that the requirements would be similar 

to those for the 1997 standards. At the time of this State Implementation Plan revision, there is no separate guidance 

available addressing the 2006 standards. 
6

A. Emission Limits and Other Control Measures – 42 U.S.C. § 7410(a)(2)(A) (Section 

110(a)(2)(A)) 

States are required to establish enforceable emission limits and other control measures, means, or 

techniques, as well as schedules for compliance and other related matters. 

The timing requirement for this section is dependent on 42 U.S.C. § 7502 (Section 172) of the 

Clean Air Act. Such authority for establishing emission limits under Section 110(a)(2)(A) can 

be found in the State’s Air Pollution Control Act at N.J.S.A. 26:2C-8, 9, and 19. New Jersey’s 

air rules at N.J.A.C. 7:27 establish emission limits, control measures and other means by which 

to control air pollution and how to implement the measures. New Jersey certifies compliance 

with this element. 

B. Air Quality Monitoring, Compilation, Data Analysis, and Reporting – 42 U.S.C. § 

7410(a)(2)(B) (Section 110(a)(2)(B)) 

States are required to establish and operate devices, methods, systems, and procedures to 

monitor, compile, and analyze ambient air quality data and to provide the data to the USEPA. 

New Jersey’s ambient air monitoring program is required by the State’s Air Pollution Control 

Act (N.J.S.A. 26:2C-9.a.) and the Federal Clean Air Act. New Jersey has an extensive air 

quality monitoring network that collects air quality data that are compiled, analyzed, and 

reported to the USEPA. The State’s website contains up-to-date information about air quality 

monitoring, including a description of the network and information about monitoring of PM2.5. 

See http://www.nj.gov/dep/airmon/index.html with links to all elements of the program. New 

Jersey commits to retaining, and continuing to operate its monitoring network, subject to a joint 

annual review process by both the State and the USEPA. New Jersey certifies compliance with 

this element. 

C. Resources, Conflict of Interest, and Emergency Backstop – 42 U.S.C. § 7410(a)(2)(E) 

(Section 110 (a)(2)(E)) 

States are required to provide assurances that: (i) adequate personnel, funding, and legal 

authority will be available to carry out the SIP; (ii) a majority of its state board members 

represent the public interest and do not derive a significant portion of their income from entities 

that are subject to permits, and that conflicts of interest of members be adequately disclosed; and 

(iii) the State has responsibility for ensuring adequate implementation of plan provisions to be 

carried out by local districts. 

New Jersey’s Air Pollution Control Act at N.J.S.A. 26:2C-8 provides the authority to carry out 

the SIP. New Jersey’s statute under N.J.S.A. 13:1D-9 is the authority and provides guidance on 

dedicating personnel and funds for the State to carry out the responsibilities under the SIP. The 

State relies on the federal grant allocated under Section 103 and 105 of the Clean Air Act for 

carrying out the SIP responsibilities, as well as an annual State appropriation. 

The New Jersey Department of Environmental Protection (NJDEP) is the only entity that 

approves permits and enforcement orders in New Jersey. There is no board that carries out these 
7

duties. New Jersey has a Conflicts of Interest Law at N.J.S.A. 52:13D-12 et seq. The NJDEP 

has a Code of Ethics policy that supplements the Conflicts of Interest Law and establishes 

procedures for reporting any work conducted by a state employee outside of the NJDEP. New 

Jersey has established the Clean Air Council as required in the Air Pollution Control Act. This 

Council is comprised of representatives from government, industry, and the public advocate 

groups. The Council makes recommendations to the Commissioner of the NJDEP on air 

pollution issues. 

All 21 counties have a contract and/or grant with the NJDEP in which they are delegated 

authority to enforce various regulations under the County Environmental Health Act. The 

County Environmental Health Act allows the delegated counties to act as the NJDEP’s 

representatives during investigations and can issue enforcement actions, assess and collect 

penalties, and settle cases. The Air Pollution Control Act (N.J.S.A. 26:2C-22) includes 

provisions for the relation of local ordinances or regulations to State law. New Jersey certifies 

compliance with this element. 

D. Stationary Source Emissions Monitoring and Reporting – 42 U.S.C. § 7410(a)(2)(F) 

(Section 110(a)(2)(F)) 

States are to require the installation, maintenance, and replacement of equipment to monitor 

stationary sources of emissions by the owners or operators of these sources and the provision of 

periodic reports on these emissions. 

The State’s Air Pollution Control Act (N.J.S.A. 26:2C-9.2) gives New Jersey the authority to 

require emissions monitoring and reporting for stationary sources. New Jersey has adopted rules 

to implement the Federal requirements for stationary source emissions monitoring and reporting 

at N.J.A.C. 7:27. Monitoring and reporting requirements are included throughout N.J.A.C. 7:27, 

specifically in subchapters 8 and 22 as they relate to permits, subchapter 21 as they relate to 

emission statement reporting. In addition, several other subchapters within N.J.A.C. 7:27 

regulate stationary sources and contain requirements for monitoring and reporting. New Jersey 

certifies compliance with this element.

E. State Implementation Plan Revision For Revised Air Quality Standards or New 

Attainment Methods – 42 U.S.C. § 7410(a)(2)(H) (Section 110(a)(2)(H)) 

States are required to provide for revision of a SIP from time to time when air quality standards 

are revised or new attainment methods become available or when the USEPA informs states that 

current SIPs are inadequate to attain standards or to comply with additional requirements under 

the Clean Air Act. 

New Jersey’s statute under N.J.S.A. 13:1D-9 gives New Jersey the authority to revise the SIP in 

response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, 

or in response to an USEPA finding that the SIP is substantially inadequate. For example, New 

Jersey submitted attainment demonstration SIPs to the USEPA on October 29, 2007 for the 1997 
8

8-hour ozone NAAQS and for the 1997 annual PM2.5 NAAQS.16,17 New Jersey certifies 

compliance with this element. 

F. State Implementation Plan for Nonattainment Areas – 42 U.S.C. § 7410(a)(2)(I) (Section 

110(a)(2)(I)) 

States are required to submit a SIP or SIP revision for nonattainment areas that meet the 

requirements of Part D - Plan Requirements for Nonattainment Areas under Clean Air Act Title I 

- Air Pollution Prevention and Control. Part D of the Clean Air Act specifies both general 

requirements and specific requirements for different criteria pollutants, for SIPs addressing 

nonattaiment areas. 

New Jersey’s statute under N.J.S.A. 13:1D-9 gives New Jersey the authority to submit a SIP or 

SIP revision in accordance with Part D of the Clean Air Act. New Jersey has in the past 

submitted SIPs, SIP revisions, and designation recommendations for nonattainment areas. The 

SIP examples cited in Section H both address nonattainment areas in New Jersey. New Jersey 

certifies compliance with this element. 

G. Air Quality Modeling and Reporting – 42 U.S.C. § 7410(a)(2)(K) (Section 110(a)(2)(K)) 

States are required to provide for the use of air quality modeling to predict the effect of 

emissions on ambient air quality and to submit data related to such modeling when requested by 

the USEPA. 

New Jersey’s air quality modeling work complies with USEPA’s final guidance (April 2007) on 

the use of models in attainment demonstrations for the 8-hour ozone and PM2.5 standards. This 

is a rapidly evolving field in which New Jersey endeavors to use the latest methodology and 

techniques, and documents information that its staff uses when conducting modeling or when 

evaluating the performance of air quality models used for this purpose. New Jersey consults and 

works with regional organizations that conduct the regional air quality modeling. The regional 

modeling for New Jersey was included in the October 2007 8-Hour Ozone Attainment 

Demonstration/SIP revision, the July 2009 Regional Haze SIP, and the March 2009 PM2.5

Attainment Demonstration/SIP revision. 

Currently, the Ozone Transport Commission (OTC) and the Mid-Atlantic Regional Air 

Management Association (MARAMA) are coordinating the development of new regional 

emission inventories for the Northeastern United States to be used in the required modeling 

analyses, control strategy assessments, and other air quality management needs. The regional 

inventories and modeling will be used to concurrently address requirements for the 2008 ozone 

and 2006 PM2.5 NAAQS and to evaluate progress towards long-term regional haze goals. The 

 

16 NJDEP. State Implementation Plan (SIP) Revision for the Attainment and Maintenance of the Ozone National 

Ambient Air Quality Standard: 8-Hour Ozone Attainment Demonstration, Final. New Jersey Department of 

Environmental Protection, October 29, 2007. 

17 NJDEP. State Implementation Plan (SIP) Revision for the Attainment and Maintenance of the Fine Particulate 

Matter (PM2.5) National Ambient Air Quality Standard; PM2.5 Attainment Demonstration, Final. New Jersey 

Department of Environmental Protection, March 2009. 
9

emissions inventories will be used in a single integrated, one-atmosphere air quality modeling 

platform to support state air quality attainment demonstrations. 

N.J.A.C. 7:27-8.5 and 22.8 contain air quality modeling requirements for stationary sources for 

the State’s Air Permitting Program. New Jersey certifies compliance with this element. 

H. Major Stationary Source Permitting Fees – 42 U.S.C. § 7410(a)(2)(L) (Section 

110(a)(2)(L)) 

States are required to assess the owner or operator of each major stationary source with fees 

sufficient to cover the reasonable costs of reviewing and acting upon any application for such a 

permit, and if a permit is granted, the reasonable costs of implementing and enforcing the terms 

and conditions of the permit. Owners or operators are also required to comply with the fee 

provisions of Title V Sections 501 – 507 of the Clean Air Act. Such fees are required to be 

payable to the permitting authority. 

Under N.J.A.C. 7:27-22.31 (Operating Permits Fees), major stationary sources are required to 

pay fees to the State to sufficiently cover the cost of reviewing, approving, implementing and 

enforcing a permit. New Jersey certifies compliance with this element. 

I. Consultation with Local Entities – 42 U.S.C. § 7410(a)(2)(M) (Section 110(a)(2)(M)) 

States are required to provide for consultation and participation by local political subdivisions 

affected by the plan. 

New Jersey provides the opportunity for consultation and participation to local political 

subdivisions during the public comment period of a proposed SIP or rulemaking. The Federal 

Clean Air Act requires that states include a public process in the SIP. New Jersey’s Air Pollution 

Control Act (N.J.S.A. 26:2C-8) and Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) 

requires a public process for any rulemaking. The State offers the opportunity to the public to 

participate in the public process for a SIP or rulemaking. This includes a public comment period 

and a public hearing. Notices for the commenting period and the public hearing are circulated in 

newspapers, public libraries, and the State’s Regional Enforcement Offices. The notices are also 

mailed through the United States Postal Service and through State listservs (electronic mailing 

system) to other states, regional organizations and interested parties that have signed up for the 

mailing, which includes the League of Municipalities. All 566 municipalities in New Jersey are 

members of the League of Municipalities, a voluntary association created to help communities 

do a better job of self-government through pooling information resources and brain power. The 

State assures that all comments and testimonies are seriously considered in rulemaking and when 

finalizing the SIP. 

New Jersey is in constant communication with other State agencies and planning boards, such as 

New Jersey’s Department of Transportation, Department of Health and Senior Services, 

Department of Agriculture, the Delaware Valley Regional Planning Commission, the Northern 

New Jersey Transportation Planning Authority, and Southern New Jersey Transportation 
10

Planning Authority, on issues in the SIP. New Jersey also briefs the State’s Clean Air Council 

on air issues, including the SIP. New Jersey certifies compliance with this element. 

IV. Conclusion 

The State submitted a SIP revision in February 2008 providing for the authorities under 42 

U.S.C. § 7410(a)(1) and (2) (Section 110(a)(1) and (2) of the Clean Air Act) to develop, 

implement, and enforce an air quality management program that provides for attainment and 

maintenance of the NAAQS. Since the only authority for air quality management enacted since 

the previous SIP submittal addressed global warming, this Certification appendix certifies the 

infrastructure elements for the 35 μg/m3

 24-hour (2006) PM2.5 NAAQS. 
The State of New Jersey 

Department of Environmental Protection 

Certification 

For Meeting the Infrastructure Requirements 

in the Clean Air Act 

for 

35 μg/m3 24-Hour (2006) Fine Particulate Matter 

National Ambient Air Quality Standard 

Appendix B: New Jersey Department of Environmental 

Protection Transport SIP Letter dated December 22, 

2006 

 January 2010




The State of New Jersey 

Department of Environmental Protection 

Certification 

For Meeting the Infrastructure Requirements 

in the Clean Air Act 

for 

35 μg/m3 24-Hour (2006) Fine Particulate Matter 

National Ambient Air Quality Standard 

Appendix C: USEPA Guidance on SIP Elements 

Required Under Sections 110(a)(1) and (2) for the 2006 

24-Hour Fine Particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS) dated September 25, 2009 

 January 2010










The State of New Jersey 

Department of Environmental Protection 

Certification 

For Meeting the Infrastructure Requirements 

in the Clean Air Act 

for 

35 μg/m3 24-Hour (2006) Fine Particulate Matter National 

Ambient Air Quality Standard 

Appendix D: State Collaborative Documentation 

 January 2010
                                                                                                                      March 9, 2009

Page 1 of 3

FRAMEWORK FOR THE STATES IN THE CAIR REGION TO DEVELOP A MULTI‐POLLUTANT

STRATEGY TO ACHIEVE THE PUBLIC HEALTH GOALS OF THE OZONE AND PARTICULATE

MATTER (PM2.5) STANDARDS  

The undersigned states identified below commit to expeditiously undertake air quality

modeling to support recommendations regarding a multi‐pollutant strategy to obtain the

public health benefits associated with the National Ambient Air Quality Standards

(NAAQS) for ozone and particulate matter (PM) by: (1) achieving levels of nitrogen oxides

(NOx) and sulfur dioxide (SO2) reductions from the EGU sector in the 28‐state Clean Air

Interstate Rule (CAIR) region that will satisfy the requirements of the Clean Air Act to

attain the 1997 ozone and 1997 and 2006 PM 2.5 NAAQS; and (2) pursuing the

development of a long‐term multi‐pollutant strategy (beyond 2010) to achieve additional

reductions that address both the transport requirements under Section 110 (a)(2)(D) of

the Clean Air Act and attainment and maintenance of the new ozone and PM NAAQS.

Short term strategies and recommendations

In the short term (approximately three months) the states will assemble data, perform

modeling and develop strategies that are intended to achieve the 1997 ozone and the

1997 and 2006 PM 2.5 NAAQS and to assist EPA in designing an interstate air pollution

transport program in response to the U.S. Court of Appeal’s decision to remand the CAIR

rule.  Such efforts will include the following:

• Identification of the ozone season NOx reductions from EGUs that are needed for

each state to demonstrate attainment with the 1997 ozone standard when

combined with reductions from other sectors; and to satisfy each state’s

obligation under section 110(a)(2)(D); and  

• Identification of the NOx and SO2 reductions from EGUs  that are needed for each

state to demonstrate attainment with the 1997 and 2006 PM2.5 standards when

combined with reductions from other sectors; and to satisfy each state’s

obligation under section 110(a)(2)(D).

The states anticipate offering recommendations regarding the use of interstate trading in

the interstate air pollution transport program developed by EPA in response to the CAIR

remand, subject to the following key conditions:

• Any interstate trading mechanisms that are developed must be justified through

legal and air quality modeling analyses to ensure and demonstrate compliance

with section 110(a)(2)(D);  
                                                                                                                      March 9, 2009

Page 2 of 3

• Appropriate geographic coverage and, as necessary, any geographic limitation,

will be addressed; and

• An intrastate remedy that satisfies section 110(a)(2)(D) will be specified as a back‐

up for each state that takes part in the interstate trading.  

The states will endeavor to finalize the short term strategies and recommendations by

April 30, 2009.  

Long term strategy

The states will contemporaneously work together to develop a long‐term multi‐pollutant

strategy (beyond 2010) to identify air quality impacts from various source sectors to

achieve emission reductions necessary for every state to meet the 2008 ozone and 2006

PM 2.5 NAAQS (to the extent not addressed in the short term strategies and

recommendations), and may incorporate emissions trading, and/or performance

standards, as appropriate, in keeping with the conditions specified above.

______________________       _______________________

Connecticut           Delaware

______________________       ________________________

District of Columbia         Illinois        

   

_______________________       _______________________

Indiana       Maine   

      

______________________       ______________________

Maryland           Massachusetts

______________________       _______________________

Michigan           New Hampshire
                                                                                                                      March 9, 2009

Page 3 of 3

______________________       ______________________

New Jersey           New York

______________________       _______________________

Ohio             Pennsylvania   

______________________       ______________________

Rhode Island           Vermont

______________________       ______________________

Virginia       Wisconsin
Regional Modeling 

in the Eastern U.S.: in the Eastern U.S.:

Preliminary Results

1

April 27, 2009

CAUTION!

This modeling provides, at best, This modeling provides, at best,

ballpark estimates and is meant only to be directionally correct. It is not intended for regulatory 

or legal purposes

2

or legal purposes.

Overview of Today’s Pre

• Background• Model Performance• Attainment Analyses

• Base Scenario (“C”)• EGU Control Scenarios (“E” and “F”)

A fI t t

• Areas of Interest• Source Apportionment Analyses

Note: (1) Will show a subset of available results

(2) Analyses based one approach (others sho

Bk 

acgroun
Section 110(a)(2)(D) requires SIPs to...“... contain adequate provisions – (i) prohibiting...any source or other type of emissions activity within the State f itti i ll t t i t hi h ill from emitting any air pollutant in amounts which will –(I) contribute significantly to nonattainment in,or interfere with maintenance by, any other State 

with respect to any (NAAQS)..., or

(II) interfere with measures required to be included

5

interfere with measures required to be included

in the applicable implementation plan for any other State under part C to prevent significant deteriorationof air quality or to protect visibility...”

Note: EGU measures alone are not expected to eliminate significant contribution

Purposes of Modeling

• Support on-going State Collaborative policy 

discussions

• Help develop state recommendations on EGUs to EPA on 

CAIR replacement rule

• Estimate interstate impacts, per section 110(a)(2)(D)• Begin to assess additional control programs needed

6

Begin to assess additional control programs needed

for new O3 and PM2.5 NAAQS

Specific Caveat

• Scope of modeling analysis limited

• Geographic scope not complete – this is NOT 

focus is on OTC SESARM and LADCO regifocus is on OTC, SESARM, and LADCO regi

• Attainment assessment not definitive – this is 

quality attainment demonstration

• Source apportionment analyses not compreh

several methods considered

• Emissions not perfect – several assumptions 

to data and emissions processing

• Nevertheless, model estimates are reas• Remember - purpose is to support state 

• EPA will do their own modeling for a CAIR re

Air Quality Mode

Model: CAMxDomain/Grid: Eastern U.S.

(36 km-PM2.5, 

12 km-O3)

Base Year: 2005

Meteorology: 2005 (and 2002) 12 

36 km

Meteorology: 2005 (and 2002)Future Years: 2009,2012,2018

(existing control programs)

12 
Existing Control Programs

• On-Highway Mobile Sources

– Tier II/Low sulfur fuel– Inspection/Maintenance programs (nonattainment areas)– Reformulated gasoline (nonattainment areas)

• Off-Highway Mobile Sources

– F d l t l i t d i t NONROAD d l ( d di l l ) l Federal control programs incorporated into NONROAD model (e.g., nonroad diesel rule), plus 

the evaporative Large Spark Ignition and Recreational Vehicle standards

– Heavy-duty diesel (2007) engine standard/Low sulfur fuel– Federal railroad/locomotive standards– Federal commercial marine vessel engine standards

• Power Plants

– See Scenario C slide

• Other Point Sources

– VOC 2-, 4-, 7-, and 10-year MACT standards– Combustion turbine MACT

9

– Industrial boiler/process heater/RICE MACT– Miscellaneous consent decrees and settlement agreements

• Area Sources

– Aerosol coatings (new rule)– Architectural and industrial maintenance (AIM) coatings (amendments)– Household and institutional consumer products (amendments)– Portable fuel containers (Mobile Source Air Toxics rule)

Scenario C

• Base: 2007 CEM emissions data• Growth: Growth factors based on EIA data by 

NERC region and by fuel type (e.g., IN, KY, MI, OH = ECAR; 2007-2018=13.5%)

• Control: All legally enforceable controls identified 

by states plus other controls expected for

10

by states plus other controls expected for

compliance with CAIR (i.e., EPA’s NEEDS list)

M d l P f Model Perform

PM2.5

Full Domain

Midwest 
Ozone

Cutoff = 80 ppb Cutoff = 60 ppb

%

13

Summary: most values within + 15%

M d l R lt Model Results

Attainment Test

14

Attainment T

FY D.V. = BY D.V. x Future Year Base Year Design Value Design Value 

(Monitoring data) 

If FY D.V. > NAAQS, then nIf FY D V < NAAQS th If FY D.V. < NAAQS, then a

PM2.5 Annual

Concentrations

DRAFT DRAFT 

2012 
PM2.5 Annual:

Expected Improvement

(relative to BY monitored values)

DRAFT DRAFT DRAFT

(relative to BY monitored values)

2009

17 2012 2018

Based on 2005 meteorology

PM2.5 Daily

Concentrations

DRAFT DRAFT DRAFT

2009

18 2012 2018

Based on 2005 meteorology

PM2.5 Daily:

Expected Improvement

(relative to BY monitored values)

DRAFT DRAFT 

(relative to BY monitored values)

2012 

Ozone 8-HourConcentrations

DRAFT DRAFT 

2012 
Ozone 8-HourConcentrations

2009

DRAFT DRAFT DRAFT

2012 2018

21

Based on 2005 meteorology

Ozone:Expected Improvement(relative to BY monitored values)

DRAFT DRAFT DRAFT

2009

(relative to BY monitored values)

22 2012 2018

Based on 2005 meteorology

EGU Control Strat

Scenario E 

(2012) 

NO 0 125 lb/MMBTU 

6,000,0007,500,0009,000,000

NOx 0.125 lb/MMBTU SO2 0.25 

NOx SO

Eastern U.S. Annual EGU Emissions (T

0

1,500,0003,000,0004,500,000

Reference: “Options for EGU Controls in the Eastern U.S.: White Paper”, October 3, 2008, Sta

2005 2007 2009-C 2012-C 2018-C

2012-E 2018-F

2005 2007 2009-C 2

Scenario E (2012) S

v. Scenario C (2012) 

PM2.5 Annual: Air Quality Im

(relative to Scenario C)

DRAFT DRAFT 

Average Improvement: PM2.5 Annual = 1.0 ug/m3 (Scen
PM2.5 Annual Concentrations

Scenario E (2012) Scenario F (2018)

DRAFT DRAFT DRAFT

25

PM2.5 Daily: Air Quality Improvement

(relative to Scenario C)

DRAFT DRAFT DRAFT

Scenario E (2012) Scenario F (2018)

v. Scenario C (2012) v. Scenario C (2018)

26 Average Improvement: PM2.5 Daily = 1.1 ug/m3 (Scen. E); 1.3 ug/m3 (Scen. F)

Based on 2005 meteorology

PM2.5 Daily Concentr

Scenario E (2012) S

DRAFT DRAFT 

Ozone: Air Quality Impro

(relative to Scenario C)

DRAFT DRAFT 

Scenario E (2012) S

v. Scenario C (2012) 

Average Improvement: Ozone = 1.6 ppb 

(Scen. E)
Ozone 8-Hour Concentrations

Scenario E (2012) Scenario F (2018)

29

A f I t t Areas of Interest

30

Proposed Areas of In

• Significance Contribution Tes

• Current (’06-’08) moni d d i 

itored desig

and/or

• 2009, 2012, or 2018 modeled val

• Interference with Maintenance 

• Current (’06-’08) monitored desig

( ) g

NAAQS, and/or

• 2009, 2012, or 2018 modeled val

Thresholds

Nonattainment M

PM A l 11 / 3 PM 

2.5-Annual > 15.1 ug/m3 

PM2.5-Daily > 35.5 ug/m3 Ozone-85ppb > 85 ppb Ozone-75 ppb > 76 ppb 

* 
2009 PM2.5 Annual

Mon or Mod Mon and Mod

33

based on 2005-2007 monitoring data

2012 PM2.5 Annual

Mon or Mod Mon and Mod

34

based on 2005-2007 monitoring data

2009 PM2.5 Daily

Mon or Mod 

based on 2005-2007 monitoring data

2012 PM2.5 Daily

Mon or Mod 

based on 2005-2007 monitoring data
2009 Ozone

Mon or Mod Mon and Mod

37

based on 2005-2007 monitoring data

2009 Ozone

Mon or Mod Mon and Mod

38

based on 2006-2008 monitoring data

2012 Ozone

Mon or Mod 

based on 2005-2007 monitoring data

2012 Ozone

Mon or Mod 

based on 2006-2008 monitoring data
Summary: Nonattainment 

and Maintenance Areas of Interest

DRAFT DRAFT DRAFT

250

Number of Counties in Eastern U.S.

50

100150200

41

0

50

Nonattainment Maintenance

PM2.5-annual PM2.5-daily Ozone-85 ppb Ozone-75 ppb

Another Approach for Interference 

with Maintenance: Example

42

Pros: Accounts for ‘historic variability’ based on mon. data

Uses NAAQS as threshold

PM2.5 Areas of Intere

(based on criteria for significant contributi

DRAFT DRAFT DRAFT DRAFT 

Ozone Areas of Inte

(based on criteria for significant contribu
M d l R lt Model Results

Source Apportionment

45

Evaluating Significant Contribution

EPA’s Clean Air Interstate Rule

46

Cite: U.S. Environmental Protection Agency

Source Regions:(see map)Source Groups:

Evaluating Significant Co

State Collaborative Modeling

Source Groups:EGU PointNon-EGU PointAreaOn-roadNon-roadBiogenics/Ammonia

PSAT/OSAT Res

• Contributions as a function of...

• Source reg () g 

ion (33): states or groups of 

• Source sector (7): EGU point, non-EGU 

non-road, biogenics/ammonia, BC/IC

• Pollutants: ozone - VOC, NOx

PM2.5 - SO4, NO3, NH4,POC

• Absolute (ug/m3 or ppb) and relat

contributions

• Results processed with standard 

programs

• Ozone: APCA algorithm allocates ozon

anthropogenic emissions (EPA used th

• Alternative methods could be used to in

data 
Annual PM Daily PM Ozone

Modeling Period Jan 1 – Dec 31 Jan 1 – Dec 31 Jun 1 – Sep 30Calculation of Average over all Average over all Average over all 

Processing and Analysis of PSAT/OSAT Information from CAMxAbsolute PSAT/OSAT Contributions*

8,760 hourly PSAT values

hourly PSAT values from days where the simulated 24-hr average total PM2.5

conc. > 30 ug/m3

hourly OSAT values for hours where the hourly predicted O3conc. > 75 ppb

Calculation of Relative PSAT/OSAT Contributions

Normalized by modelpredicted annual average total PM2.5

mass at each location

Normalized by average of modelpredicted daily total PM2.5 from all days 

Normalized by average of modelpredicted hourly ozone values from all 

49

2.5

used to calculate the absolute PSAT contributions at each location

hours used to calculate the absolute OSAT contributions at each location

*CAMx provides PSAT/OSAT values at each grid cell for each hour for each pollutant, source region, and source sector

Ozone Source Apportionment Results: Source Sectors

(2005 base)

New York, NY

DRAFT DRAFT DRAFT

Holland, MI Atlanta, GA

Key Finding: Contributions dominatedby mobile sources (at least 60%)

50

Ozone Source Apportionment Results: Source Regions

(2005 base)

DRAFT DRAFT 

Holland, MI 

Key Finding: Contributions dominatedby “home” state and neighboring states

PM2.5 Annual Source 

Apportionment Results: Source Sectors

(2005 base)

DRAFT DRAFT 

Detroit MI 
PM2.5 Annual Source 

Apportionment Results: Source Sectors

(2012 Scenario C)

New York, NY

DRAFT DRAFT DRAFT

Key Findings:• All source categories are important contributors• Relative amount of contribution varies by area

Detroit MI Atlanta, GA

53

Based on 2005 meteorology

PM2.5 Daily Source 

Apportionment Results: Source Sectors

(2012 Scenario C)

DRAFT DRAFT DRAFT

New York, NY

Detroit MI Atlanta, GA

Key Findings:• All source categories are important contributors• Relative amount of contribution varies by area

54

Based on 2005 meteorology

PM2.5 Annual Source 

Apportionment Results: Source Regions

(2005 base)

DRAFT DRAFT 

Detroit MI 

14%42%

PM2.5 Annual Source 

Apportionment Results: Source Regions

(2012 Scenario C)

DRAFT DRAFT 

Detroit MI 

Key Finding: Contributions dominatedby “home” state and neighboring states

13%45%
PM2.5 Daily Source 

Apportionment Results: Source Regions

(2012 Scenario C)

New York, NY

DRAFT DRAFT DRAFT

14%

Detroit MI Atlanta, GA

Key Finding: Contributions dominatedby “home” state and neighboring states

49%

18%38%

57

Based on 2005 meteorology

50%

Average Contributions

% %

58

Based on 20-30 key monitors in NE, SE, and MW

PM2.5 Annual: Contributing 

DRAFT DRAFT 

2012 “C”2005 met

PM2.5 Annual: Contributing S

DRAFT DRAFT 

2012 “C”2005 met Changes relative to 2012 C, 2005 met (% 

deletions (cross-outs), additions (bo
PM2.5 Annual: Contributing States (%)

DRAFT DRAFT DRAFT

61

2012 “C”2002 met Changes relative to 2012 C, 2005 met (% version): 

deletions (cross-outs), additions (bold red)

2002 v. 2005 Meteorology

62 Key Findings: •2002 and 2005 transport patterns similar

•2002 met produces higher concentrations compared to 2005 met

PM2.5 Daily: Contributing 

DRAFT DRAFT 

2012 “C”2005 met

PM2.5 Daily: Contributing St

DRAFT DRAFT 

2012 “C”2005 met
Ozone: Contributing States (%)

DRAFT DRAFT DRAFT

65

2012 “C”2005 met

Ozone: Contributing States (ppb)

DRAFT DRAFT DRAFT

66

2012 “C”2005 met

Key Findings

• Model Performance

– PM2.5: Generally reasonable, although organic carbon 

(summer) sulfate underestimated, and (winter) nitrate s

– Ozone: Generally reasonable (mostly within Ozone: Generally reasonable (mostly within +15%)

• Attainment

– Only a few areas not meeting PM2.5 and 85 ppb ozon

meeting for 75 ppb ozone standard

– Additional EGU emission reductions effective in loweri

• Source Apportionment

– Source Regions: “Home” state generally has the larges

generally have next largest impact (i.e., impacts decre

– Source Sectors: Mobile sources dominate for ozone, p

f PM2 5for PM2.5

– Similar "linkages" with either a relative or absolute met

threshold brings in more states

• Other:

– Despite differences in meteorology, 2002 and 2005 me

results (with higher concentrations for 2002)

Supplemental Infor
100.0

80.090.0

69

60.070.0

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Regional Mode

in the Eastern U

Preliminary Res

April 28, 2009
CAUTION

This modeling providesballpark estimates and only to be directionally cIt is not intended for regor legal purposes.
Overview of Today’s Pres

• Attainment Analyses

• Base Scenario (“C”)• EGU Control Scenarios (“E” and “F”)

• Areas of Interest• Source Apportionment Analyses
Model Resul

Attainment Test
PM2.5 AnnualConcentrations

2012 

DRAFT DRAFT 
PM2.5 DailyConcentrations

2012 

DRAFT DRAFT 
Ozone 8-HourConcentrations

2012 

DRAFT DRAFT 
0

1,500,0003,000,0004,500,0006,000,0007,500,0009,000,000

EGU Control Strate

Scenario E S

(2012) 

NOx 0.125 lb/MMBTU SO2 0.25 

Reference: “Options for EGU Controls in the Eastern U.S.: White Paper”, October 3, 2008, State Co

NOx SO2

2005 2007 2009-C 2012-C 2018-C

2012-E 2018-F

2005 2007 2009-C 2012-C 

20

Eastern U.S. Annual EGU Emissions (TPY)
Average Improvement: PM2.5 Annual = 1.0 ug/m3 (Scen. E

Scenario E (2012) Scen

v. Scenario C (2012) v. 

PM2.5 Annual: Air Quality Im

(relative to Scenario C)

DRAFT DRAFT 
Average Improvement: PM2.5 Daily = 1.1 ug/m3 (Scen. E)

PM2.5 Daily: Air Quality Impr

(relative to Scenario C)

DRAFT DRAFT 

Scenario E (2012) Scen

v. Scenario C (2012) v. 
Average Improvement: Ozone = 1.6 ppb (Scen. E); 2.

Ozone: Air Quality Improv

(relative to Scenario C)

DRAFT DRAFT 

Scenario E (2012) Scen

v. Scenario C (2012) v. 
Areas of Intere
Proposed Areas of Int

• Significance Contribution Test

• Current (’06-’08) monitored design v

and/or

• 2009, 2012, or 2018 modeled value 

• Interference with Maintenance T

• Current (’06-’08) monitored design v

NAAQS, and/or

• 2009, 2012, or 2018 modeled value 
2012 Ozone

Mon or Mod 

based on 2006-2008 monitoring data
PM2.5 Areas of Interes

(based on criteria for significant contribution)

DRAFT DRAFT 
DRAFT DRAFT 

Ozone Areas of Intere

(based on criteria for significant contribution
Model Result

Source Apportionm
Ozone Source Apportionment Results: Source Sectors

(2005 base)

Holland, MI 

Key Finding: Contributions dominatedby mobile sources (at least 60%)

DRAFT DRAFT 
Ozone Source Apportionment Results: Source Regions

(2005 base)

Holland, MI 

Key Finding: Contributions dominatedby “home” state and neighboring states

DRAFT DRAFT 
PM2.5 Annual Source 

Apportionment Results: Source Sectors

(2012 Scenario C)

Key Findings:• All source categories are important contributors• Relative amount of contribution varies by area

DRAFT DRAFT 

Detroit MI 
PM2.5 Annual Source 

Apportionment Results: Source Regions

(2012 Scenario C)

Detroit MI 

Key Finding: Contributions dominatedby “home” state and neighboring states

DRAFT DRAFT 

13%45%
Average Contributio

Based on 20-30 key monitors in NE, SE, and MW

% %
PM2.5 Annual: Contributing S

DRAFT DRAFT 

2012 “C”2005 met
PM2.5 Annual: Contributing St

DRAFT DRAFT 

2012 “C”2005 met Changes relative to 2012 C, 2005 met (% v

deletions (cross-outs), additions (bold r
PM2.5 Annual: Contributing S

DRAFT DRAFT 

2012 “C”2002 met Changes relative to 2012 C, 2005 met (% v

deletions (cross-outs), additions (bold r
Ozone: Contributing Stat

DRAFT DRAFT 

2012 “C”2005 met
Ozone: Contributing State

DRAFT DRAFT 

2012 “C”2005 met
Modeling Performed in 2009 by LADCO for the State Collaborative Effort

FOR DAILY PM2.5 

Met: 2005, unless noted 36 km grid CAMx 

ICBC Boundary Conditions

ASOA Anthropogenic Secondary Organic Aerosols

BSOA Biogenic Secondary Organic Aerosols
Nonattainment Area Lancaster York Baltimore

New YorkN.New JerseyLong Island New York City New Haven

State(s) PA PA MD NY-NJ-CT NY CT

24-Hour PM2.5 Contribution (>0.35) 1.38 1.31 1.48 15.82 5.29 1.94

Annual PM2.5 Contribution (>0.15) 0.59 0.43 0.38 6.07 2.22 0.40

New York-N.New Jersey-Long Island

NY-NJ-CT

340390004

24-Hour PM2.5 

Contribution 

(>0.35)

Annual PM2.5 

Contribution 

(>0.15)

Indiana 0.63 0.19

Ohio 1.31 0.47

Michigan 0.47 0.32

North Carolina 0.78 0.19

Virginia 1.34 0.30

West Virginia 0.61 0.17

Maryland_DC 1.21 0.28

Delaware 0.62 0.25

Pennsylvania 5.43 1.98

New Jersey 15.82 6.07

New York 5.38 2.20

Connecticut_Rhode Island 0.89 0.20

Massachusetts 0.98 0.25

Canada 0.60 0.44

Illinois 0.42 NS

CENRAP_WRAP_South 0.37 NS

Kentucky 0.47 NS
2005 DAILY Birmingham Atlanta Floyd County Macon Hamilton Charleston untingon-Ashlan

AL GA GA GA TN WV WV-KY-OH

10730023 130630091 131150005 130210007 470650031 540391005 540110006

Illinois 0.16 0.09 0.01 0.01 0.47 0.00

Indiana 0.98 0.61 0.39 0.51 1.47 0.21

Ohio 3.21 1.68 3.26 5.89 7.23 8.93

Michigan 0.39 0.08 0.04 0.05 0.43 0.04

Wisconsin 0.03 0.02 0.00 0.00 0.04 0.00

Iowa 0.02 0.03 0.00 0.00 0.03 0.00

Minnesota 0.01 0.01 0.00 0.00 0.00 0.00

NorthDakota 0.01 0.01 0.00 0.00 0.01 0.00

Missouri 0.13 0.05 0.00 0.00 0.23 0.00

CENRAP_WRA 0.06 0.04 0.00 0.01 0.02 0.00

CENRAP_WRA 0.10 0.08 0.03 0.04 0.15 0.02

Alabama 13.93 0.61 1.36 0.25 0.04 0.01

Mississippi 0.04 0.01 0.00 0.00 0.01 0.00

Georgia 3.64 13.89 9.37 4.37 0.02 0.06

Florida 0.01 0.06 0.01 0.01 0.01 0.01

SouthCarolina 0.37 0.82 0.72 0.18 0.03 0.04

NorthCarolina 1.57 2.94 3.85 1.24 0.10 0.18

Tennessee 2.17 1.19 2.39 3.26 0.20 0.08

Kentucky 1.45 0.64 1.28 2.03 1.90 2.30

Virginia 0.73 0.94 1.65 1.60 0.65 0.72

WestVirginia 1.47 1.00 2.13 3.95 9.31 5.46

Maryland_DC 0.22 0.40 0.53 0.30 0.17 0.26

Delaware 0.11 0.15 0.23 0.11 0.05 0.08

Pennsylvania 1.99 2.12 3.13 4.95 5.30 10.42

NewJersey 0.07 0.12 0.14 0.09 0.07 0.17

NewYork 0.26 0.40 0.42 0.56 0.56 1.49

Connecticut_Rh 0.02 0.04 0.03 0.03 0.02 0.07

Massachusetts 0.02 0.06 0.04 0.03 0.02 0.13

Vermont 0.01 0.01 0.01 0.01 0.01 0.05

NewHampshire 0.01 0.04 0.02 0.02 0.02 0.10

Maine 0.01 0.01 0.01 0.01 0.01 0.04

Canada 0.31 0.10 0.16 0.29 0.25 0.59

ICBC 0.31 0.18 0.13 0.17 0.20 0.30

ASOA 0.75 1.13 0.54 0.45 1.08 0.32

BSOA 1.88 2.71 1.21 1.14 2.80 0.89

PM25 36.44 32.28 33.11 31.57 32.89 33.00
2005 DAILY

Illinois

Indiana

Ohio

Michigan

Wisconsin

Iowa

Minnesota

NorthDakota

Missouri

CENRAP_WRA

CENRAP_WRA

Alabama

Mississippi

Georgia

Florida

SouthCarolina

NorthCarolina

Tennessee

Kentucky

Virginia

WestVirginia

Maryland_DC

Delaware

Pennsylvania

NewJersey

NewYork

Connecticut_Rh

Massachusetts

Vermont

NewHampshire

Maine

Canada

ICBC

ASOA

BSOA

PM25

Louisville ago-Gary-Lake C Gary St. Louis Muscatine Indianapolis Detroit-Ann Arbo

KY-IN IL-IN IN MO-IL IA IN MI

180190006 170310052 180890022 171191007 191390015 180970081 261630033

1.18 17.87 8.38 12.98 8.14 2.07 2.01

4.26 5.12 10.78 1.72 1.53 11.17 2.52

6.27 2.30 2.25 2.10 1.43 6.87 7.19

0.72 2.84 3.68 1.17 2.70 2.80 13.50

1.08 1.37 0.84 0.72 6.09 0.28 0.68

0.39 0.89 1.05 0.97 8.92 0.19 0.43

0.33 0.29 0.28 0.92 3.20 0.10 0.24

0.07 0.10 0.12 0.26 0.32 0.05 0.09

0.39 1.29 1.57 8.02 1.18 0.80 0.68

0.18 0.82 1.12 1.65 1.52 0.36 0.62

0.32 0.84 0.96 0.60 0.84 0.63 0.78

0.14 0.17 0.25 0.01 0.02 0.30 0.30

0.02 0.08 0.09 0.00 0.01 0.08 0.08

0.26 0.12 0.20 0.03 0.06 0.26 0.23

0.00 0.01 0.01 0.00 0.00 0.08 0.03

0.03 0.02 0.03 0.01 0.01 0.07 0.04

0.22 0.08 0.10 0.05 0.07 0.22 0.13

0.51 0.38 0.51 0.05 0.11 0.52 0.52

7.14 1.03 1.21 0.34 0.26 1.65 1.14

0.33 0.12 0.11 0.05 0.07 0.25 0.17

1.93 0.55 0.47 0.40 0.37 1.16 0.65

0.08 0.04 0.03 0.01 0.01 0.07 0.09

0.03 0.02 0.01 0.00 0.00 0.02 0.05

3.70 0.84 0.72 0.85 0.57 2.57 1.49

0.04 0.01 0.01 0.00 0.00 0.02 0.04

0.61 0.20 0.23 0.23 0.13 0.75 0.78

0.02 0.00 0.00 0.00 0.00 0.01 0.01

0.02 0.01 0.01 0.00 0.00 0.01 0.02

0.01 0.00 0.00 0.00 0.00 0.01 0.00

0.02 0.00 0.00 0.00 0.00 0.01 0.01

0.01 0.00 0.00 0.00 0.00 0.01 0.01

0.68 0.65 0.85 0.70 0.66 1.82 2.58

0.60 1.02 0.87 1.02 1.05 0.63 0.91

0.29 0.13 0.09 0.11 0.06 0.11 0.10

1.01 0.30 0.22 0.25 0.04 0.32 0.16

32.91 39.50 37.06 35.22 39.35 36.27 38.28
2005 DAILY

Illinois

Indiana

Ohio

Michigan

Wisconsin

Iowa

Minnesota

NorthDakota

Missouri

CENRAP_WRA

CENRAP_WRA

Alabama

Mississippi

Georgia

Florida

SouthCarolina

NorthCarolina

Tennessee

Kentucky

Virginia

WestVirginia

Maryland_DC

Delaware

Pennsylvania

NewJersey

NewYork

Connecticut_Rh

Massachusetts

Vermont

NewHampshire

Maine

Canada

ICBC

ASOA

BSOA

PM25

Canton-Masillonincinnati-Hamiltoveland-Akron-Loeubenville-Weirt Milwaukee Green Bay Lancaster

OH OH-KY-IN OH OH-WV WI WI PA

391510017 390618001 390350038 540090005 550790026 550090005 420710007

0.48 1.36 0.66 0.27 5.95 4.79 0.29

1.06 3.56 1.07 0.59 1.66 1.02 0.46

17.16 15.02 19.71 6.05 1.15 0.71 1.44

1.91 1.94 2.63 0.97 2.18 1.72 0.38

0.15 0.33 0.37 0.16 24.00 21.86 0.13

0.08 0.28 0.11 0.07 1.24 2.21 0.09

0.12 0.24 0.16 0.07 1.28 1.59 0.08

0.05 0.09 0.05 0.03 0.29 0.28 0.05

0.22 0.31 0.25 0.13 1.04 1.51 0.16

0.13 0.23 0.12 0.11 0.98 1.86 0.14

0.35 0.23 0.36 0.06 0.75 0.91 0.21

0.22 0.31 0.26 0.02 0.06 0.05 0.13

0.07 0.06 0.06 0.00 0.03 0.01 0.03

0.12 0.15 0.27 0.03 0.05 0.05 0.29

0.10 0.10 0.06 0.00 0.00 0.00 0.04

0.02 0.04 0.04 0.01 0.01 0.01 0.21

0.10 0.23 0.17 0.05 0.03 0.03 0.73

0.27 0.44 0.34 0.08 0.18 0.14 0.20

1.06 2.62 0.83 5.27 0.50 0.41 0.37

0.45 0.24 0.26 0.48 0.04 0.03 2.05

1.48 1.04 0.95 4.60 0.27 0.17 0.89

0.44 0.07 0.15 0.54 0.02 0.00 4.62

0.05 0.02 0.04 0.07 0.01 0.00 0.84

7.28 2.08 3.42 11.33 0.49 0.27 19.26

0.15 0.02 0.06 0.18 0.01 0.00 1.38

1.17 0.50 1.13 1.00 0.11 0.10 1.83

0.05 0.00 0.02 0.06 0.00 0.00 0.36

0.08 0.01 0.03 0.09 0.00 0.00 0.49

0.02 0.00 0.01 0.02 0.00 0.00 0.05

0.03 0.01 0.01 0.04 0.00 0.00 0.18

0.03 0.00 0.01 0.03 0.00 0.00 0.12

1.79 1.31 2.76 1.10 0.54 0.56 0.49

0.69 0.59 0.79 0.71 1.14 1.01 0.87

0.15 0.15 0.18 0.19 0.11 0.08 0.25

0.36 0.47 0.51 0.47 0.19 0.06 0.58

37.90 34.03 37.84 34.91 44.31 41.44 39.68
2005 DAILY

Illinois

Indiana

Ohio

Michigan

Wisconsin

Iowa

Minnesota

NorthDakota

Missouri

CENRAP_WRA

CENRAP_WRA

Alabama

Mississippi

Georgia

Florida

SouthCarolina

NorthCarolina

Tennessee

Kentucky

Virginia

WestVirginia

Maryland_DC

Delaware

Pennsylvania

NewJersey

NewYork

Connecticut_Rh

Massachusetts

Vermont

NewHampshire

Maine

Canada

ICBC

ASOA

BSOA

PM25

Liberty-Clairtonburgh-Beaver V York Baltimore N.New Jersey-L New York City New Haven

PA PA PA MD NY-NJ-CT NY CT

420030064 420070014 421330008 245100040 340390004 360610056 90090018

0.30 0.46 0.26 0.33 0.42 0.38 0.17

0.74 1.17 0.44 0.53 0.63 0.55 0.30

7.07 7.53 1.21 1.25 1.31 1.26 0.75

0.87 0.98 0.29 0.36 0.47 0.57 0.26

0.07 0.12 0.10 0.14 0.18 0.20 0.08

0.07 0.06 0.07 0.10 0.15 0.13 0.07

0.05 0.07 0.06 0.09 0.14 0.13 0.04

0.05 0.04 0.04 0.06 0.08 0.07 0.02

0.19 0.23 0.16 0.21 0.24 0.18 0.17

0.15 0.11 0.14 0.20 0.25 0.20 0.19

0.09 0.41 0.25 0.25 0.37 0.31 0.34

0.04 0.24 0.17 0.14 0.14 0.12 0.08

0.01 0.09 0.03 0.03 0.04 0.03 0.02

0.05 0.14 0.34 0.32 0.30 0.23 0.10

0.00 0.08 0.04 0.03 0.03 0.03 0.01

0.01 0.02 0.22 0.25 0.26 0.22 0.05

0.07 0.09 0.78 0.94 0.78 0.65 0.38

0.12 0.31 0.25 0.22 0.27 0.20 0.20

1.59 1.77 0.39 0.46 0.47 0.36 0.32

0.57 0.47 2.24 2.58 1.34 1.06 0.85

2.85 2.28 0.86 0.76 0.61 0.54 0.53

0.66 0.56 4.12 14.78 1.21 0.88 0.65

0.15 0.06 0.87 0.82 0.62 0.48 0.29

13.84 14.78 18.89 8.26 5.43 3.76 2.74

0.28 0.23 1.31 1.48 15.82 5.29 1.94

0.83 0.86 1.67 2.22 5.38 18.43 5.22

0.09 0.08 0.32 0.45 0.89 0.99 10.85

0.12 0.11 0.46 0.62 0.98 0.82 3.45

0.02 0.02 0.05 0.09 0.14 0.10 0.53

0.03 0.04 0.15 0.21 0.33 0.25 1.20

0.02 0.03 0.11 0.16 0.23 0.16 0.60

0.91 0.87 0.48 0.69 0.60 0.58 1.36

0.77 0.77 0.93 1.00 1.23 1.14 1.38

0.32 0.17 0.22 0.19 0.22 0.22 0.29

0.91 0.39 0.45 0.26 0.24 0.32 0.36

33.90 35.61 38.41 40.47 41.82 40.84 35.80
September 2, 2009 

The Honorable Lisa P. Jackson, Administrator 

U.S. Environmental Protection Agency 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Mail Code 1101A 

Washington, DC 20460 

Dear Administrator Jackson: 

On behalf of 17 states in the eastern half of the U.S., we wish to provide the following 

recommendations to the Environmental Protection Agency (EPA) to consider as it 

develops a replacement rule for the Clean Air Interstate Rule (CAIR), in light of the 

December 23, 2008, remand by the U.S. Court of Appeals for the D.C. Circuit. 

The recommendations follow through on the commitment we made in the March 9, 2009, 

Framework Document to work together to address the transport requirements of Section 

110(a)(2)(D) of the Clean Air Act (CAA), and to attain the ozone and PM2.5 National 

Ambient Air Quality Standards (NAAQS). Please understand that in preparing these 

recommendations our fundamental air quality objective is to achieve attainment and 

ensure maintenance of the NAAQS as expeditiously as practicable. 

As the result of our collaboration, we recommend for your consideration a framework, 

which is based on in-depth technical evaluations and a sincere and concerted effort by 

all states to reach common ground on an overall approach to addressing transport. This 

comprehensive framework comprises national rules involving significantly contributing 

states that combine statewide emissions caps and complementary regional trading 

programs with a state-led planning process to address transport in a multi-pronged and 

layered approach. While the undersigned states have reached consensus on this 

suggested framework, there are some regional differences concerning the timing and 

stringency of electric generating unit (EGU) reductions, and the criteria for determining 

which states are included in the state-led planning process. In addition, the states differ 

in their perspectives on whether performance based standards should be part of the 

strategy. 

The Lake Michigan Air Directors Consortium (LADCO) and the Ozone Transport 

Commission (OTC) will be submitting separate letters to explain their perspectives on 

these areas of regional differences on implementation of the framework. 

Many areas in the eastern U.S. are designated as nonattainment for the current ozone 

and PM2.5 standards (1997 version), and it is expected that even more areas will not be 

in compliance with 2008 ozone and 2006 PM2.5 standards. Numerous data analysis and 

modeling studies have shown that some (not all) of these nonattainment problems are 

strongly influenced by inter-state transport. 

Additional regional emission reductions will be necessary to help states meet the new air 

quality standards. A timely and robust federal program that requires substantial regional 

emission reductions from mobile sources, area sources and large point sources such as 
Page 2 of 6

EGUs is an essential component of any strategy to reduce interstate transport of air 

pollution. These reductions are necessary to attain and maintain compliance with the 

NAAQS. 

The undersigned states recommend a 3-step approach, as further discussed below, to 

establish a framework from which to address the requirements of CAA section 

110(a)(2)(D): 

1. Identifying areas of interest (i.e., those not meeting the standards and those 

struggling to maintain the standards); 

2. Identifying, based on specific criteria, upwind states which contribute to 

nonattainment or interfere with maintenance in these areas of interest; and 

3. Implementing a multi-sector remedy to meet CAA requirements. 

Step 1 - Identifying Areas of Interest 

A. While the requirements of Section 110(a)(2)(D) apply to all areas, most attention 

should be given to those areas not meeting or struggling to maintain the NAAQS. 

These "areas of interest" should be identified using monitoring and modeling 

data. 

B. Specifically, areas with both base monitored design values and future modeled 

design values above the applicable NAAQS should be designated as areas of 

interest. The monitored design values are based on the maximum design value 

from the periods 2003-2005 through the most recent three-year period, and the 

future modeled values are based on future year modeling which reflects legally 

enforceable control measures and a conservative model attainment test - i.e., 

use of maximum design values rather than average design values. 

1. The use of maximum design values and a conservative model attainment test 

are intended to account for historic variability, which is necessary to ensure 

maintenance. An alternative means of accounting for historic variability is to 

conduct a statistical analysis of the year-to-year variation in meteorology. 

2. Requiring a more conservative model attainment test will necessitate a 

change in EPA's modeling guidance. EPA should also establish performance 

criteria to insure that the modeling is capturing transport appropriately. 

3. EPA's approach in CAIR also reflects a "monitored and modeled" test to 

identify areas of interest. 

Step 2 - Identifying Upwind States that Significantly Contribute to Nonattainment 

or Interfere with Maintenance 

A. An upwind state significantly contributes to nonattainment or interferes with 

maintenance in a downwind area of interest if its total impact from all source 

sectors equals or exceeds 1% of the applicable NAAQS. 
Page 3 of 6

B. Individual state contributions should be determined through a weight-of-evidence 

approach, including source apportionment modeling. 

C. Use of 1% of the NAAQS as the significance threshold is consistent with EPA's 

approach in CAIR. 

Step 3 - Implementing a Multi-Sector Remedy to Meet Clean Air Act Requirements 

A two-part process is recommended consisting of: (A) a national/regional control 

program adopted by EPA for EGUs and additional federal control measures for 

other sectors, and (B) state-led efforts to develop, adopt, and implement federally 

enforceable plans for each area of interest that is not expected to attain the 

standards even after implementation of the national/regional program. 

A. National/Regional Control Program

A significantly contributing state (i.e., a state which contributes at least 1% to a 

downwind area of interest) must comply with the national/regional control 

program described below. 

1. EGU point source strategy (applicable to units > 25 MW) 

In adopting a CAIR replacement rule EPA should: 

(a) make federally enforceable through appropriate mechanisms all 

nitrogen oxide (NOx) and sulfur dioxide (SO2) controls to comply 

with the original CAIR Phase I program; 

(b) make federally enforceable through appropriate mechanisms 

optimization by no later than early 2014 of existing NOx and SO2

controls; 

(c) make federally enforceable through appropriate mechanisms 

application by 2015 of low capital cost NOx controls; 

(d) establish statewide emission caps by no later than 2017 for all 

fossil fuel-fired units ≥25MW. The caps should reflect an analysis 

of NOx and SO2 controls on coal-fired units ≥ 100 MW which, in 

combination with the three measures above, will achieve rates 

that are not expected to exceed 0.25 lb/MMBTU for SO2 (annual 

average for all units ≥25 MW) and 0.11 lb/MMBTU for NOx (ozone 

seasonal and annual average for all units ≥25 MW) and which will 

result in lower rates in some states. Previously banked emissions 

under the Title IV or CAIR programs shall not be used to comply 

with the state-wide emission caps; and 

(e) to the fullest extent allowed under the Clean Air Act, EPA should 

work with the states to establish regional emissions caps with full 

emissions trading to replace the caps currently applicable under 

CAIR. 
Page 4 of 6

Again, there are regional differences on some elements of the EGU point 

source strategy, including mechanisms for achieving reductions prior to 

2017. Further recommendations will be provided in separate letters by 

LADCO and OTC. 

2. Non-EGU point source strategy 

a. EPA should identify and prioritize other categories of point 

sources with major emissions of NOx and/or SO2 (e.g., cement 

plants) based on a review of available emissions inventories and 

other information, such as source apportionment studies. 

b. For the non-EGU point sources, EPA should identify and evaluate 

control options for reducing NOx and/or SO2 emissions. The 

evaluation should consider the technological, engineering, and 

economic feasibility of each control option. 

c. At a minimum, EPA should evaluate the technological, 

engineering, and implementation feasibility, and cost-effectiveness 

of controlling SO2 and NOx emissions from industrial, commercial, 

and institutional boilers > 100 MMBTU/hour. 

3. Mobile source strategy, such as new engine standards for on-highway 

and off-highway vehicles and equipment, and a single consistent 

environmentally-sensitive formulated fuel. 

4. Area source strategy, such as new federal standards for consumer 

products and architectural, industrial and maintenance coatings as 

originally promised by EPA in 2007 

B. State- Led Attainment Planning 

The undersigned states recommend the use of a state-led attainment planning 

process concurrent with developing the transport SIP to address areas of interest 

that are not expected to attain after implementation of the national/regional 

control program. The state-led planning effort should involve a key subset of 

significantly contributing states to develop, adopt, and implement an appropriate 

attainment strategy. EPA should work with the states to establish criteria for 

determining which significantly contributing states should be involved in the stateled planning process. Additionally EPA should work with the states to determine 

the appropriate criteria for each state to satisfy CAA section 110(a)(2)(D). The 

advantages of this state-led planning effort include: 

• A one-size-fits-all federal solution cannot provide the most appropriate 

and cost-effective solution for each area; 

• Attainment planning is more effective and more likely to succeed if it is 

done on a non-attainment area basis with a key subset of contributing 

states; 

• Additional controls are identified where they are needed; and 

• States maintain their responsibility under the Clean Air Act to establish 

state implementation plans. 
Page 5 of 6

Further recommendations on this issue will be provided in separate letters by 

LADCO and OTC. 

The comprehensive framework outlined above represents the culmination of our 

collaborative work over the past six months. We look forward to working with you further 

as EPA develops its CAIR replacement rule. 

Sincerely, 

______________________ _______________________ 

Connecticut District of Columbia 

______________________ ________________________ 

Illinois Indiana 

_______________________ _______________________ 

Maine Maryland 

 

______________________ ______________________ 

Massachusetts Michigan 

______________________ _______________________ 

New Hampshire New Jersey 

______________________ ______________________ 

New York Ohio 

______________________ _______________________ 

Pennsylvania Rhode Island 
Page 6 of 6

______________________ ______________________ 

Vermont Virginia 

______________________ 

Wisconsin 

 

OTC appreciates the efforts put forth by EPA to work with all interested 

stakeholders in developing a CAIR replacement rule based on sound science. OTC 

further acknowledges that air pollutant transport within the OTC region is a significant 

issue that EPA should also address. The CAIR replacement rule should also recognize 

that our planning processes continue to evolve in the face of ever-tightening standards 

and newly uncovered air quality concerns, such as the impact of peaking unit emissions 

on high electricity demand days (HEDD). As such, OTC recommends that EPA propose 

measures to address HEDD emissions in the CAIR replacement rule. 

Our recommendations are provided below in three parts. OTC considers these 

recommendations feasible, practicable and operable within the framework of the existing 

Clean Air Act, all of which facilitate a rapid adoption process as directed by the D.C. 

Circuit Court of Appeals in remanding CAIR. The CAIR replacement rule offers an 

opportunity for transformational change over incremental improvement. Providing 

regulatory certainty to America’s electric generating sector promotes transformational 

change through business decisions that support our air quality goals. A summary of the 

technical analyses conducted by the OTC States and provided as support 

documentation for the recommendations provided in this letter and the September 2, 

2009 letter is attached to support these recommendations. 

A. Achievable EGU Limitations

The OTC States recommend that EPA consider a comprehensive, multi-layered, 

hybrid approach for obtaining further reductions from EGUs. This hybrid approach 

combines state and regional caps with phased-in performance standards to costeffectively reduce nitrogen oxide (NOx) and sulfur dioxide (SO2) emissions. The 

components of this strategy (enforceable conditions, state-by-state reductions, regional 

trading caps/program and phased performance standards), should coordinate with each 

other and other EGU control initiatives such as federal MACT standards and greenhouse 

gas reduction programs. 

A national strategy for EGUs should be implemented in phases. The first phase 

should combine federally enforceable NOx and SO2 reductions from each state with a 

regional trading program. A later phase should include performance standards to 

achieve continuing reductions from the EGU sector over the course of the regulatory 

time frame for implementation of the 2008 ozone and 2006 PM2.5 NAAQS. 

Timing is essential to meet attainment obligations. Three years of data are 

needed to demonstrate attainment; therefore reductions are needed three years prior to 

the attainment deadline. While we recognize that full implementation of all controls may 

not be achieved in that time frame, it is essential that enforceable mechanisms be 

provided to lock in controls that are achievable. The OTC-LADCO submission reflects 

the participating states’ agreement on state-specific caps that would be applicable no 

later than 2017. Years prior to 2017 may be critical for many states to demonstrate 

attainment with the applicable NAAQS. The OTC States seek to work with EPA to 

develop mechanisms for achieving interim reductions in the 2012-16 time period, 

including the possibility of interim state-specific caps in addition to a regional cap-andtrade program. 
Page 3 of 6

Since CAIR was not sufficient for attaining and maintaining the 1997 ozone 

NAAQS, EPA will need to make the limits in the CAIR replacement rule stricter to enable 

compliance with the recently revised ozone and PM NAAQS and any tighter standards 

that EPA enacts after reconsideration of those standards. The state caps are also 

necessary to ensure that each State contributes fully to the needed reductions. 

Specifically, the OTC States propose that EPA include phased state-by-state 

reductions, complementary regional emission trading caps as early as possible (but no 

later than 2014), and performance standards as follows: 

1. State-by-State Reductions 

The September 2, 2009 letter recommends the implementation of state 

caps by no later than 2017 that reflect the emission rates that would be achieved 

through installation of SCR and FGD controls on all coal-fired EGUs of 100 MW 

or larger in all significantly contributing states. In addition, the participating states 

recommend in that letter a number of interim measures including operation and 

optimization of all controls currently in place or being installed to meet other 

requirements, and installation and operation of all feasible, low capital cost NOx 

controls such as selective non-catalytic reduction (SNCR) and low NOx burners 

(LNB) not currently installed or in use on existing EGUs on a unit basis by 2015. 

 

The OTC States recommend that EPA analyze and determine the stateby-state reductions needed prior to 2017 in order to address CAA Section 

110(a)(2)(D) requirements to address interstate transport from EGUs within the 

NAAQS timeframe. The OTC States see interim state-by-state reductions prior 

to 2017 as a key part of addressing the Court of Appeals concerns over what is 

needed to satisfy the requirements of CAA Section 110(a)(2)(D). 

2. Regional Trading Programs for NOx and SO2.

As explained in the September 2, 2009 submission, the second key 

element of the OTC-LADCO agreed framework for a CAIR replacement rule is 

the implementation of regional trading programs for both NOx and SO2, to 

complement the state-by-state caps described above. The OTC States 

recommend that EPA consider the following in developing the regional caps: 

• The new regional caps should be implemented as early as possible 

and set at a level that will drive deeper regional NOx and SO2

reductions than the regional reductions that would result from the 

implementation of the state-by-state caps by themselves. This pairing 

of state-by-state caps with an aggressive regional trading program will 

guarantee specific reductions in each state while also using market 

forces to further reduce regional emissions at lowest cost. 

• OTC’s analysis (attached) and the analysis that EPA recently 

prepared for Senator Carper show that stringent regional trading caps 

for NOx and SO2, implemented as early as possible (but no later than 

2014), would provide significant public health benefits that 

substantially outweigh the costs. 

• Banking and inter-state trading would continue to be allowed in the 

regional trading program. 
Page 4 of 6

• To be creditable under Section 110(a)(2)(D), controls installed in 

response to the regional trading program should be made federally 

enforceable through an appropriate mechanism. 

3. Performance Standards

We understand that EPA is also considering a hybrid approach in its 

CAIR replacement rule involving regional emissions trading and unit-specific 

performance standards (cite: July 9, 2009, testimony by R. McCarthy before the 

Subcommittee on Clean Air and Nuclear Safety, Committee on Environment and 

Public Works, U.S. Senate). 

The OTC States request that EPA work with the states to develop and 

phase in unit-specific performance standards that owners of fossil fuel-fired units 

should comply with between 2017 and 2025, or earlier if EPA’s technical analysis 

demonstrates that an earlier date is reasonable. Performance standards should 

either be output-based or transition to output-based standards to reward 

efficiency. Such performance standards will give regulatory certainty to EGU 

owners and encourage transformational change in the energy market. In 

developing these performance standards: 

• EPA should consider fuels, types and sizes of EGUs, the timing of 

other requirements included in this and the September 2, 2009 letter, 

cost-effectiveness and the pollution control equipment already in 

place on the existing fleet of EGUs. 

• EPA should phase-in the performance standards to maximize 

efficiency and minimize costs to affected sources. For example: 

o The performance standards for coal-fired units greater than 

100 MW should be coordinated with the state-by-state caps 

that are recommended for no later than 2017. 

o The performance standards for units subject to the upcoming 

federal MACT requirements should be coordinated with the 

MACT requirements. 

• In later phases (2020 to 2025), the performance standards should be 

coordinated with greenhouse gas reduction programs and other 

energy efficiency initiatives and be output-based. 

• OTC’s analysis (attached) shows that performance standards on 

larger fossil-fuel fired EGUs (based on a 30-day rolling average) are 

feasible and should be implemented on an aggressive timeframe (as 

early as 2017). 

• EPA should consider including incentives (e.g., alternative compliance 

schedules not to exceed three years), to promote the repowering or 

replacement of existing units. 

• After the adoption and implementation of performance standards, 

EPA should evaluate the feasibility of eliminating the state-by-state 

caps. 
Page 5 of 6

B. State-led Planning Process 

The OTC States recommend that the state-led planning effort include all 

significantly contributing states (i.e., 1% of the NAAQS or greater impact) unless each 

state in the affected nonattainment area chooses to reduce the number of states 

involved. 

• The OTC believes that this is the most appropriate way to identify 

those states that are required to participate in the state-led planning 

process as model performance (related to long-range transport) varies 

from one nonattainment area to another and the meteorology that 

affects some nonattainment areas is very complex. 

• The states in the nonattainment area would use monitoring data, 

modeling and other information on ozone transport, meteorology, 

emissions, control programs, geography and chemistry to decide 

which significantly contributing states, if any, should be excused from 

the state-led planning process. 

• Two scenarios are outlined below: 

o If the states in a nonattainment area have technical data that 

show that the state-led planning process for that area should 

be limited to just three or four states, that would be 

appropriate. 

o If the states in a nonattainment area are subject to highly 

complex transport patterns, it is most likely necessary to 

include all significantly contributing states in the state-led 

planning process. 

• The OTC believes that the most appropriate way to address transport 

is through a suite of aggressive national programs to reduce NOx, 

VOC and SO2 emissions from EGUs, other stationary sources, area 

sources and off-road and on-road mobile sources and that the role of 

the state-led planning process should be secondary. 

• The OTC continues to have serious concerns over model 

performance related to long-range, aloft transport. It is critical for EPA 

to establish and implement performance criteria related to aloft 

transport to ensure that the process for identifying significantly 

contributing states is credible. 

• As indicated in the September 2, 2009 joint letter, additional controls 

may be required where needed. 

C. Eliminating Significant Contribution 

The OTC States recommend that under the state-led attainment planning 

process, both the upwind states and EPA remain accountable to address contributions 

to downwind areas’ nonattainment of both the ozone and PM2.5 NAAQS by the relevant 

attainment dates, without designing any new “off-ramp” that avoids direct and timely 

action to reduce emissions that are in violation of CAA Section 110(a)(2)(D). 

 In addition to a program of controls for EGUs, OTC also urges EPA to address 

interstate transport through the development and implementation of national rules in 
Page 6 of 6

2012 or as early as feasible for additional controls on non-EGU sources, as supported in 

prior statements of the OTC to EPA. (See, e.g., Statement on the Need for National 

Rulemaking and Implementation of Ozone Control Measures, November 14, 2007). 

 

In acting on these recommendations, EPA can use the CAIR replacement rule to 

provide regulatory certainty to the EGU sector, which will enable business decisions that 

will move us many steps toward improved air quality and a more efficient electricity 

generating sector. We look forward to talking with you further about our 

recommendations for the CAIR replacement rule, and working with your staff as you 

expeditiously develop this important air quality and public health program. 

Sincerely, 

______________________ _______________________ 

Connecticut District of Columbia 

_______________________ _______________________ 

Maine Maryland 

 

______________________ ______________________ 

Massachusetts New Hampshire

______________________ _______________________ 

New Jersey New York

 

______________________ _______________________ 

Pennsylvania Rhode Island 

______________________ 

Vermont 

Enclosures
    September 10, 2009

1

OTC CAIR Replacement Rule Recommendation Technical Support Document

The OTC is providing technical information in support of the recommendations to EPA on a CAIR

replacement rule included in the September 2, 2009 joint letter from OTC and LADCO and the additional

recommendations in the September 10, 2009 letter from OTC.  The supporting materials provided below

are organized as follows:

• Assessments and Rationale for Electricity Generating Units (EGUs)

o EGU Emission Rates

o Timing

o Cost of Controls

o Air Quality Benefits

• Assessments and Rationale for Other Sectors

o Other Stationary Source Measures

o Mobile Source Measures

• Appendix I –   EGU Rates

• Appendix II – Timing

• Appendix III – Cost of Controls

• Appendix IV – Air Quality Benefits

• Appendix V – Other Sectors

The technical information included in this support document is based on studies and analyses conducted

recently by the OTC, and where noted, by LADCO.

Assessments and Rationale for Electricity Generating Units (EGUs)

In its earliest response to EPA’s proposed transport rule ‐ first the Interstate Air Quality Rule (IAQR), and

later, the Clean Air Interstate Rule (CAIR) ‐ OTC provided comments and analyses showing that

additional NOx and SO2 reductions beyond those the rule provided would be needed for areas in the

OTR to come into attainment with the ozone and PM 2.5 National Ambient Air Quality Standards

(NAAQS). In response to the IAQR and CAIR, the OTC states developed a multi‐pollutant position in 2004,

using several different analyses of potential EGU control rates as a basis for developing national caps for

NOx and SO2 that were more stringent and earlier than those provided in CAIR.   

The analysis used in OTC’s recent review of the 2004 multi‐pollutant position, along with evaluations of

the current state of controls on EGUs and rate information extracted from recent American Electric

Power Service Corp. (AEP) settlements and consent decrees was provided to the state collaborative

process. Additional support for the timeframes and flexibility provisions in the OTC additional

recommendations are provided in a short case study on the experiences of the Maryland Department of

Environment (MDE) with its Healthy Air Act (HAA), as well as experiences in other states with their own

state rules and additional information contained in the AEP settlements/consent decrees. Recent

evaluations of control cost data that OTC has conducted for potential control strategies, including

analyses for industrial, commercial and institutional boilers and boilers serving EGUs, provide data for

relative cost/ton comparison between EGU and other sector NOx and SO2 controls. An additional

sensitivity analysis using OTC’s latest SIP modeling runs, in tandem with the results from the State
    September 10, 2009

2

Collaborative modeling runs, demonstrate the need for the air quality benefits that can be achieved

from the rates and structure of the OTC recommendations.

EGU Emission Rates

In developing its 2004 position, OTC relied heavily on an analysis conducted by the National Association

of Clean Air Agencies (NACAA) to support of its 2002 Principles for a Multi‐Pollutant Strategy for Power

Plants.  The NACAA analysis demonstrated that reductions in the range of 82‐88% by 2013 for SO2 and

73‐81% for NOx from a 2001 baseline were technologically feasible. Reductions within this range would

yield emission rates as follows:

• NOx: 0.07 for new source BACT; 0.10 for retrofit BACT; and

• SO2:  0.10 for new source BACT; 0.15 for retrofit BACT.

In comparison, the average emission rates for 2001 as reported by EPA were 0.37 lb/mmBtu for NOx and

0.84 lb/mmBtu for SO2 (the 2001 baseline would not have included the NOx SIP Call).

OTC continued to work on and refine its position on EGU rates, based on additional analyses.  In a 2007

review, the OTC Multi‐P Workgroup performed an analysis to determine revised NOx and SO2 cap levels.  

Assessment 1.  In the 2007 review of the OTC multi‐pollutant position for EGUs, the OTC Multi‐P

Workgroup performed an analysis using the EPA Acid Rain database and information from the

Department of Energy’s Energy Information Agency (EIA) to examine reasonably cost‐effective post‐

combustion EGU control technologies and determine fleet‐wide average NOx and SO2 emission rates for

the fossil fuel‐fired EGUs in the lower 48 states.   The OTC Multi‐P Workgroup concluded that for NOx, a

0.08 lbs/mmBtu fleet wide average emission rate would be achievable by 2018, along with an interim

hard cap in 2012 based on a 0.125 lbs/mmBtu fleet‐wide average. For SO2 the OTC Multi‐P Workgroup

concluded that a 0.15 lb/mmBtu fleet wide average emission rate was achievable by 2018, along with an

interim hard cap in 2012 based on a 0.25 lb/mmBtu fleet‐wide average. The methodology applied by the

OTC Multi‐P Workgroup included the assumptions in Table I‐1 below (also shown in Appendix I):

Table I‐1. Control Assumptions for the Methodology Applied by the OTC Multi‐P Workgroup  

EGU Size Emission reduction assumed

25MW‐

<100MW

100MW‐

<200MW

<50% input

capacity

100MW‐

<200MW

>50% input

capacity

200MW or

greater

For EGUs with existing

“assumed” add‐on

controls

For EGUs applying

“new” add‐on

controls

NOx  

SNCR SNCR SCR SCR Remains same as 2008

controlled level

90% SCR

355 SNCR

55% SNCR to SCR

increment

SO2   DSI DSI FGD FGD Remains same as 2008

controlled level

95% FGD

60% DSI

Control Technologies: DSI (Duct Sorbent Injection); FGD (Flue Gas Desulfurization); SCR (Selective Catalytic

Reduction); SNCR (Selective Non‐Catalytic Reduction)  

* For EGUs identified as already incorporating the technology applied in the OTC Multi‐P Workgroup’s

methodology their NOx emission rates were assumed to remain the same as their 2008 Ozone Season controlled
    September 10, 2009

3

emission rates and their SO2 emission rates were assumed to remain the same as their annual 2008 controlled

emission rates.

**For each NOx and SO2 control technology a 0.06 lb/MMBTU “basement” level (i.e., maximum control level) was

assumed.

When these assumptions are applied to coal units (all coal and coal>100 MW) on a statewide average

ozone season basis in the Ozone Transport Region (OTR), the result is a range of rates for NOx between  

0.06 and 0.23 lb/mmBtu. A similar application in the LADCO states on a statewide average ozone season

basis yields NOx rates in the range of 0.06 and 0.14 lb/mmBtu. Similarly, when the SO2 assumptions are

applied in the OTR on a statewide annual basis, the result is a range of rates for SO2 between 0.06 and

0.32 lb/mmBtu. Following suit in the LADCO states on a statewide annual basis yields SO2 rates in the

range of 0.06 and 0.31 lb/mmBtu. Statewide rates for each state based on this analysis are outlined in

Tables I‐2 through I‐5 in Appendix I.

This analysis does not include emissions from units in the states that use other fuels, such as natural gas,

that would lower the overall statewide average emission rate.  It also shows that some states with

higher percentages of coal in their overall fuel mix will need flexibility in the regulatory structure and

timing to achieve those rates.   

Assessment 2.  In a second assessment of potential EGU rates, OTC compiled information for each of the

states in the eastern U.S. to show the average NOx and SO2 emission rates from EPA’s 2008 Clean Air

Market Division (CAMD) database, based on units 25 MW and above for all fuels. Then the incremental

NOx and SO2 rates within the ranges discussed by the State Collaborative were calculated for each state,

from 0.07 ‐ 0.125 lb/mmBtu for NOx and from 0.15 ‐ 0.30 lb/mmBtu for SO2. The tons reduced at each

control level increment and the percent reduction from 2008 levels is calculated for each state. The

results are shown in Tables I‐6 and I‐7  in Appendix I, along with  Tables  I‐8 and I‐9  showing LADCO’s

data on achievable average annual emission rates based on their plant‐level, unit‐level analysis of coal

fired units greater than 100 MW, and the timing of projected post‐combustion controls installations.  

Comparing the OTC tables based on the CAMD data with the LADCO table, the 2008 rates are very close,

despite the fact that the CAMD data includes all fuels and the LADCO data is for coal units only.  

Assessment 3. Using a third data set to assess potential EGU emission rates,  the OTC examined the

recent consent decree signed by American Electric Service Corp. (AEP) which requires the installation of

SCR and FGD controls on EGUs in a number of states including Indiana, Kentucky, Ohio, Virginia and

West Virginia. The consent decree requires several of these units to meet a federally‐enforceable 30‐day

rolling average emission rate of 0.100 lb/mmBtu for NOx and a 30‐day rolling average emission rate of

0.100 lb/mmBtu for SO2.  Furthermore, repowering requirements as stipulated in the consent decree

state that the technology achieve “equivalent environmental performance that at a minimum achieves

and maintains a 30‐day rolling average emission rate of 0.100lb/mmBtu or a 30‐day rolling average

removal efficiency of at least 95% for SO2 and a 30‐day rolling average emission rate of 0.070 lb/mmBtu

for NOx.

The limits specified in the AEP consent decree provide additional support for the technical feasibility and

cost effectiveness of the NOx and SO2 emission rates “observed by” the State Collaborative EGU

Technical Workgroup presented at the State Collaborative meetings held on October 7, 2008 and April

27‐28, 2009.  AEP would not have signed this consent decree if it was not certain that it could comply

with all of its terms.  Note that the NOx and SO2 emission rates in the consent decree are more stringent

than the NOx and SO2 emission rates in the OTC recommendations because they are based on unit
    September 10, 2009

4

specific, 30‐day rolling average emission rates rather than statewide average emission rates.  If EGU

retrofits can achieve the NOx and SO2 rates specified in the AEP consent decree on a unit specific basis,

then it should be feasible for other EGUs to achieve these emission rates on a statewide average basis.

Timing

Timing flexibility is a key issue in developing  an EGU control strategy. If the regulatory structure is

designed correctly, it will provide incentives to get controls installed quickly. One example of this is

provided by the Maryland Department of Environment’s (MDE) experience with their Healthy Air Act

(HAA), which was passed in 2006, with final rules issued in January 2007 (see MDE case study in

Appendix II).  MDE’s experience with the HAA demonstrates that it is possible to achieve simultaneous,

rather than sequential, installation of controls in less than 3 years after promulgation of the rules

requiring those controls.

• In Maryland, 3 SCRs and 6 SNCRs on coal units ranging in size from 125 ‐ 600 MW, and 6 FGD on

9 coal‐fired units ranging in size from 200 ‐700 MW are installed or will have completed

installation by the end of 2009, or less than 3 years after the HAA rules were promulgated.  Four

SCRs had been installed on coal‐fired power plants in Maryland prior to the HAA.

• MDE included a waiver for units that could not meet the control levels by the date required,

providing additional time for them to install controls. The waiver was not utilized by any EGU.

• The installations responding to the HAA rules occurred at the same time that controls were

being required for CAIR and a number of consent decrees on EGUs. Despite these competing

interests, there were no delays in construction or installation due to labor or equipment

constraints.

More specific information can be found in Appendix II, Example 1 on the MDE HAA case study, including

a schematic of the timeline of installations on specific EGUs in response to the rule.

In another example from Delaware, the state established phased NOx and SO2 limits in Regulation 1146,

promulgated in December 2006, with the first phase of controls required to be operational in May 2009.

This provided a 2.5‐year window from promulgation of the rule to installation and operation of controls

for the first phase of NOx and SO2 controls. The emission rates and timing for the reductions required by

Delaware’s Regulation 1146 is applicable to coal‐fired and residual oil‐fired units 25 MW and above are

as follows:

• NOx = 0.15 lb/mmBtu on all units beginning May 1, 2009 through December 2011, with a

second, more stringent limit on the same units of 0.125 lb/mmBtu for the period January 1,

2012 and beyond (limits are on a rolling 24‐hour basis);

• SO2 = 0.37 lb/mmBtu on all units beginning May 1, 2009 through December 2011, with a second,

more stringent limit on coal‐fired units of 0.26 lb/mmBtu for the period January 1, 2012 and

beyond (limits are on a rolling 24‐hour basis);  and

• Residual oil‐fired units may not accept residual fuel oil for combustion that has a sulfur content

in excess of 0.5% by weight from January 1, 2009 and beyond.

More information on Delaware’s Regulation 1146 can be found at:  

http://regulations.delaware.gov/AdminCode/title7/1000/1100/1146.shtml
    September 10, 2009

5

Finally, data collected on controls resulting from EPA’s NOx SIP Call show that a over 75 percent of the

SCR units installed  occurred within a 4‐year window, between 2003 to 2007, with more than 50 percent

of the installations occurring in the 2003‐2004 timeframe.  More information on the installation of SCR

controls in response to EPA’s NOx SIP Call can be found in Appendix II, Example 2.  

Cost of Controls

EPA needs to perform a comprehensive cost analysis for the CAIR replacement rule; however, in the

interim the data show that aggressive controls on EGUs continues to be the most cost‐effective option

available to the states in meeting the ozone and PM 2.5 standards.

Table III‐1 in Appendix III provides recently developed cost estimates for various NOx and SO2 controls in

2008 dollars, including selective non‐catalytic reduction (SCR), selective catalytic reduction (SCR), flue

gas desulfurization, low NOx burners (LNB)and combinations of these controls on coal‐fired, residual oil‐

fired, distillate oil‐fired and natural gas‐fired boilers. The data shows that the cost for controls caps out

at $4,900 per ton of NOx removed for an SCR and $3,600 per ton of SO2 removed for a dry FGD system

(dry scrubber) installed on a 250 mmBtu/hr (approximately 73 MW) coal‐fired boiler operating at 66

percent capacity. The NOx control costs for 250 mmBtu/hr fossil fuel‐fired boilers serving EGUs range

from $1,100 to $8,700 per ton of NOx removed and the SO2 control costs for 250 mmBtu/hr coal‐fired

boilers serving EGUs range from $1,400 to $3,600 per ton of SO2 removed.

  

OTC is conducting an extensive examination of potential control measures to consider as additional

strategies in their ozone and PM 2.5 SIPs. The costs of several of these controls on a $/ton basis far

exceed the cost of EGU controls, as shown in Tables III‐2 and III‐3 in Appendix III.

  

Air Quality Benefits

The State Collaborative effort has produced modeling analyses to examine the impact that a CAIR

replacement rule might have on air quality in the Eastern United States.  These regional modeling results

show that an EGU based strategy would have a positive impact on PM2.5 and ozone air quality in the

region and that while nearby sources have by far the greatest impact, significant contribution to levels

of ozone and PM2.5 can come from states several hundred miles away.  This effort also shows that with

an EGU strategy that approximates CAIR and other currently adopted measures many areas are still

above the current ozone (0.075 ppm) and PM2.5 NAAQS.   

Furthermore, the State Collaborative modeling also show that even with the most stringent NOx (0.07

lb/mmBtu) and SO2 (0.10 lb/mmBtu) emission control rates applied on a unit‐by‐unit basis, a number of

areas remain in non‐attainment .  Under these emission limits the modeling shows 23 counties in non‐

attainment for the 75 ppb ozone standard, 10 counties not meeting the PM2.5 daily standard, and 3

counties in non‐attainment for the PM 2.5 annual standard. The State Collaborative modeling is not “SIP

quality,” so it was conducted to provide, at best, ballpark estimates that are only meant to be

directionally correct. Even with the substantial improvement in air quality shown in the 2018 modeling

results, however, approximately 37 million people will still be exposed to unhealthy levels of air

pollution. Results from the State Collaborative air quality modeling are summarized in the charts and

maps on pages 1‐2 of Appendix IV.

To ascertain the level of reductions that might be necessary to meet the current ozone NAAQS, the OTC

performed sensitivity modeling.  This sensitivity modeling employed across‐the‐board reduction in NOx
    September 10, 2009

6

emissions (point, area and mobile sources).  This sensitivity modeling indicates that by reducing NOx

emissions by 40 % from all sectors attainment with the current ozone NAAQS is possible.  While it is

likely impossible to reduce NOx emissions by 40 % from all sectors, this provides a pathway to

determine the level of emissions reductions needed for planning purposes.  The ultimate decision on the

measures chosen will be based on feasibility (both technical and cost) and effectiveness.  Results from

the OTC sensitivity modeling are summarized in the maps and charts on pages 3‐5 of Appendix IV.

Assessments and Rationale for Other Sectors

The states in the eastern U.S. have affirmed that emission reductions beyond what is achievable from

EGU sources alone will be necessary to comply with the ozone and PM 2.5 standards, and to address

transport and regional haze.  Both the joint OTC‐LADCO recommendation of September 2, 2009 and the

additional recommendations provided by OTC in the September 20, 2009 letter put forward potential

EGU emission rates for consideration by EPA that go beyond the original CAIR levels.  It is important that

significant reductions are also obtained from sources in the area and mobile source sectors to bring

areas into attainment with air quality standards and mitigate transport of air pollutants and their

precursors from one part of the country into another.

Other Stationary and Area Source Measures

  

The OTC states have taken actions beyond the EGU sector during the past 10 years to reduce NOx and

VOC emissions from non‐EGU stationary and area sources including consumer products, architectural

and industrial maintenance coatings,  adhesives and sealants, solvents, portable fuel containers, asphalt

paving, distributed generators, cement kilns, glass furnaces  and industrial, commercial and institutional

(ICI) boilers.  The model rules developed in 2001 and 2006 for these source categories have been

developed and implemented by many of the OTC states as outlined in Tables V‐1 through V‐4 in

Appendix V.   

The OTC has long advocated to EPA that these rules be applied nationally, and EPA has taken national

action in some areas, e.g., consumer products. The ICI boiler model rule was used in last year’s State

Collaborative discussions with LADCO to help develop a joint set of recommendations for a national ICI

boiler strategy to EPA. Further,  in the current planning work occurring in the OTR for the new ozone and

PM 2.5 SIPs, the OTC is continuing to drill down into other non‐EGU stationary and area source categories

to find additional reductions, as outlined in the potential measures illustrated in Tables III‐2 and III‐3  in

Appendix III.

Mobile Source Control Measures

   

The OTC states have also implemented numerous programs to reduce ozone precursor emissions from

mobile sources.  The majority of the states have adopted California Low Emission Vehicle standards

applicable to new vehicles, which are more stringent than federal standards.  To address emissions from

in‐use vehicles, the states have implemented Inspection and Maintenance Programs and aggressive

diesel retrofit programs.

States have also exercised their option to opt‐in to federal reformulated gasoline as part of their State

Implementation Plans (SIPs).  To counter growth in vehicle miles traveled, states in the region have

included transportation control measure in their SIPs (e.g., improved public transit) and have
    September 10, 2009

7

implemented many air quality improvement projects through the conformity review process to ensure

mobile source emission budgets are met.   

The OTC Mobile Source Committee is currently working on additional mobile measures as part of the

2008 ozone standard regional attainment planning process. It is supporting the adoption of national

measures in areas where the states are pre‐empted from taking action.  For example, it has submitted a

letter of support for the ocean going vessels Emission Control Areas (ECA) designation to reduce

emissions from port areas.  And it has encouraged EPA to issue guidance from EPA on its Aftermarket

Catalyst Replacement Standards policy.   The OTC is also advocating for EPA to address backsliding with

regard to the Renewable Fuel Standard (RFS), to ensure that phase 2 of the program does not further

exacerbate criteria pollutant impacts that have occurred in Phase 1 of the program.

Other mobile measures that are under review in the OTC and NESCAUM states are:

• Offshore lightering for ships (VOC  reductions)  

• Seaports strategy (PM strategy primarily)  

• Adoption and enforcement of non‐road idling requirements (VOC, NOx and GHG reductions)  

• Regional fuel for OTC states/areas that have not yet adopted RFG (i.e. large parts of PA and NY))  

• Heavy duty diesel strategies such as Inspection and Maintenance Programs for Diesels and

expansion of diesel retrofit programs

• Additional VMT‐reduction strategies that will result in ozone precursor and GHG reductions     

In the context of Greenhouse Gas Emissions, the OTC states have been involved in numerous actions

that will result in the overall reduction of ozone precursors as well as GHG emissions.  The litigation of

Mass v. EPA, joined by many OTC states, and the active support of OTC‐member states for the

integration of motor vehicle efficiency standards and GHG emission standards into a new federal policy

endorsed by President Obama are examples.   The RGGI States, with PA, are also working on the

development of a  low carbon fuel standard (LCFS ), including the potential to improve the infrastructure

for electric vehicles that may be part of that strategy, and smart growth/VMT and land use measures to

reduce mobile emissions.   
   

Appendix I – EGU Rates

Assessment 1

The methodology applied by the OTC Multi‐P Workgroup and used for this assessment is included the

assumptions in Table 1‐1 below:

Table I‐1. Control Assumptions for the Methodology Applied by the OTC Multi‐P Workgroup  

EGU Size Emission reduction assumed

25MW‐

<100MW

100MW‐

<200MW

<50% input

capacity

100MW‐

<200MW

>50% input

capacity

200MW or

greater

For EGUs with existing

“assumed” add‐on

controls

For EGUs applying

“new” add‐on

controls

NOx  

SNCR SNCR SCR SCR Remains same as 2008

controlled level

90% SCR

355 SNCR

55% SNCR to SCR

increment

SO2   DSI DSI FGD FGD Remains same as 2008

controlled level

95% FGD

60% DSI

Control Technologies: DSI (Duct Sorbent Injection); FGD (Flue Gas Desulfurization); SCR (Selective Catalytic

Reduction); SNCR (Selective Non‐Catalytic Reduction)  

* For EGUs identified as already incorporating the technology applied in the OTC Multi‐P Workgroup’s

methodology their NOx emission rates were assumed to remain the same as their 2008 Ozone Season controlled

emission rates and their SO2 emission rates were assumed to remain the same as their annual 2008 controlled

emission rates.

**For each NOx and SO2 control technology a 0.06 lb/MMBTU “basement” level (i.e., maximum control level) was

assumed.

Based on the above assumptions, the “predicted” statewide average ozone season NOx emission rates

are shown below:

Table I‐2. All Coal

State

Predicted

NOx

Mass

2008 O.S.

Heat Input

Predicted

Avg NOx

Rate

State

Predicted

NOx

Mass

2008 O.S.

Heat Input

Predicted

Avg NOx

Rate

CT 395 13,163,750 0.0600 IL 13,297 443,240,475 0.0600

DE 1,863 20,145,049 0.1850 IN 12,814 427,135,645 0.0600

MA 1,569 40,324,189 0.0778 MI 12,645 208,348,933 0.1214

MD 5,345 112,279,215 0.0952 OH 19,156 274,909,447 0.1394

NH 1,754 15,347,558 0.2286 WI 34,845 627,665,733 0.1110

NJ 2,438 30,586,717 0.1594        

NY 4,321 76,120,595 0.1135        

PA 25,880 446,215,793 0.1160        

VA 6,070 119,264,709 0.1018        

I-1
   

If only coal‐fired units with a nameplate rating of 100MW or greater are to be considered, the

“predicted” statewide average ozone season NOx emission rates are shown below:

Table I‐3.  >100 MW Coal

State

Predicted

NOx

Mass

2008 O.S.

Heat Input

Predicted

Avg NOx

Rate

State

Predicted

NOx

Mass

2008 O.S.

Heat Input

Predicted

Avg NOx

Rate

CT 395 13,163,750 0.0600 IL 12,817 417,656,155 0.0614

DE 1,863 20,145,049 0.1850 IN 23,368 492,447,671 0.0949

MA 1,298 35,899,623 0.0723 MI 13,082 278,933,070 0.0938

MD 5,127 110,241,907 0.0930 OH 26,348 519,802,282 0.1014

NH 1,362 11,735,819 0.2321 WI 7,293 185,704,212 0.0785

NJ 2,284 29,350,532 0.1556        

NY 3,828 68,614,070 0.1116        

PA 24,430 430,902,559 0.1134        

VA 4,918 107,929,830 0.0911        

Based on the above assumptions, the “predicted” statewide average annual SO2 emission rates for all

coal‐fired EGUs are shown below:

Table I‐4.  All Coal

State SO2Mass Heat Input SO2 Rate State SO2Mass Heat Input SO2 Rate

CT 915 30,494,774 0.0600 IL 52,260 1,032,913,414 0.1012

DE 6,877 53,729,573 0.2560 IN 184,979 1,183,751,273 0.3125

MA 15,976 101,700,315 0.3142 MI 30,911 714,421,520 0.0865

MD 12,891 255,974,177 0.1007 OH 149,190 1,291,957,283 0.2310

NH 3,560 38,335,281 0.1857 WI 21,100 453,687,252 0.0930

NJ 4,226 62,812,030 0.1346        

NY 20,848 181,042,512 0.2303        

PA 133,087 1,068,514,484 0.2491        

VA 18,790 279,184,954 0.1346        

If only coal‐fired units with a nameplate rating of 100MW or greater are to be considered, the

“predicted” statewide average annual SO2 emission rates are shown below:

Table I‐5.  >100 MW Coal

State SO2Mass Heat Input SO2Rate State SO2 Mass Heat Input SO2 Rate

CT 915 30,494,774 0.0600 IL 42,489 991,323,073 0.0857

DE 6,877 53,729,573 0.2560 IN 159,449 1,149,099,381 0.2775

MA 14,861 93,738,547 0.3171 MI 21,018 653,861,186 0.0643

MD 11,412 250,831,639 0.0910 OH 130,335 1,241,187,821 0.2100

NH 1,565 30,332,534 0.1032 WI 15,199 432,619,948 0.0703

NJ 3,582 59,793,990 0.1198        

NY 15,695 160,893,978 0.1951        

PA 119,772 1,034,993,798 0.2314        

VA 15,312 250,443,277 0.1223        

I-2
   

Assessment 2

Table I‐6.  NOx Table

State

NOx

Tons

NOx

Rate 0.125

Red.

0.125

%

Red.

0.125 0.1

Red.

0.10

%

Red.

0.10 0.07

Red.

0.07

%

Red.

0.07 Heat Input

IL 119967 0.226 66295 53672 45 53036 66931 56 37125 82842 69 1060713465

IN 196135 0.306 80199 115935 59 64159 131975 67 44912 151223 77 1283188639

MI 103474 0.275 46998 56476 55 37598 65875 64 26319 77155 75 751966181

OH 235126 0.355 82817 152309 65 66254 168872 72 46378 188749 80 1325072026

WI 47343 0.190 31099 16244 34 24879 22464 47 17415 29927 63 497577808

LADCO

TOTAL 702043 0.285 307407 394636 56 245926 456117 65 172148 529895 75 4918518119

                                      

PA 175218 0.286 76626 98592 56 61301 113917 65 42911 132308 76 1226016925

NY 30871 0.109 30871 0 0 28384 2487 8 19869 11002 36 567686169

NJ 9143 0.096 9143 0 0 9143 0 0 6659 2483 27 190267033

MD 35922 0.263 17048 18875 53 13638 22284 62 9547 26376 73 272761427

VA 43017 0.237 22652 20365 47 18122 24895 58 12685 30332 71 362431406

MA 9353 0.068 9353 0 0 9353 0 0 9353 0 0 274620434

NH 4641 0.096 4641 0 0 4641 0 0 3373 1268 27 96364833

CT 3116 0.067 3116 0 0 3116 0 0 3116 0 0 92717786

DE 8936 0.279 4003 4934 55 3202 5734 64 2241 6695 75 64042015

ME 680 0.022 680 0 0 680 0 0 680 0 0 61863689

DC 94 0.280 42 52 55 33 60 64 23 70 75 668330

RI 462 0.017 462 0 0 462 0 0 462 0 0 55392442

VT 296 0.140 263 32 11 211 85 29 147 148 50 4214041

OTC

TOTAL 321749 0.197 204315 117434 36 163452 158297 49 114417 207333 64 3269046530

                                      

AL 112614 0.240 58697 53917 48 46958 65656 58 32870 79744 71 939155771

FL 155451 0.197 98770 56681 36 79016 76435 49 55311 100140 64 1580319063

GA 105894 0.221 59900 45994 43 47920 57974 55 33544 72350 68 958401269

KY 157847 0.319 61918 95929 61 49535 108312 69 34674 123173 78 990691497

MS 41917 0.237 22110 19807 47 17688 24229 58 12381 29535 70 353752142

NC 54652 0.144 47283 7369 13 37826 16826 31 26478 28174 52 756524591

SC 42045 0.190 27615 14430 34 22092 19953 47 15465 26581 63 441843531

TN 85543 0.294 36392 49151 57 29114 56430 66 20380 65164 76 582275154

WV 97331 0.228 53329 44002 45 42663 54668 56 29864 67467 69 853266499

Other

State

Total 853294 0.229 466014 387280 45 372811 480483 56 260968 592326 69 7456229518

                                      

TOTAL 1877087 0.240 977737 899350 48 782190 1094897 58 547533 1329554 71 15643794167

I-3
Table I‐7. SO2 Table

State 

SO2 

tons 

SO2 

Rate 0.3 Red. 0.3 

% 

Red.0.3 0.23 

Red. 

0.23 

% Red. 

0.23 0.2 

Red. 

0.20 

% Red. 

0.20 0.15 

Red. 

0.15 

IL 257431 0.485 159107 98324 38 121982 135449 53 106071 151360 59 79554 177877 IN 593154 0.925 192478 400676 68 147567 445587 75 128319 464835 78 96239 496915 MI 326501 0.868 112795 213706 65 86476 240024 74 75197 251304 77 56397 270103 OH 709995 1.072 198761 511234 72 152383 557611 79 132507 577487 81 99380 610614 WI 129695 0.521 74637 55058 42 57221 72473 56 49758 79937 62 37318 92376 LADCO TOTAL 2016775 0.820 737778 1278997 63 565630 1451145 72 491852 1524923 76 368889 1647886 PA 831915 1.357 183903 648012 78 140992 690923 83 122602 709313 85 91951 739964 NY 65427 0.231 65427 0 0 65284 143 0 56769 8658 13 42576 22850 NJ 21204 0.223 21204 0 0 21204 0 0 19027 2177 10 14270 6934 MD 227198 1.666 40914 186283 82 31368 195830 86 27276 199921 88 20457 206740 VA 125985 0.695 54365 71620 57 41680 84306 67 36243 89742 71 27182 98803 MA 46347 0.338 41193 5154 11 31581 14766 32 27462 18885 41 20597 25751 NH 36895 0.766 14455 22440 61 11082 25813 70 9636 27259 74 7227 29668 CT 3955 0.085 3955 0 0 3955 0 0 3955 0 0 3955 0 DE 31808 0.993 9606 22202 70 7365 24444 77 6404 25404 80 4803 27005 ME 1041 0.034 1041 0 0 1041 0 0 1041 0 0 1041 0 DC 212 0.634 100 111 53 77 135 64 67 145 68 50 162 RI 18 0.001 18 0 0 18 0 0 18 0 0 18 0 VT 2 0.001 2 0 0 2 0 0 2 0 0 2 0 OTC TOTAL 1392007 0.852 436183 955825 69 355648 1036359 74 326905 1065102 77 245178 1146829 AL 357547 0.761 140873 216673 61 108003 249544 70 93916 263631 74 70437 287110 FL 263745 0.334 237048 26697 10 181737 82008 31 158032 105713 40 118524 145221 GA 514539 1.074 143760 370779 72 110216 404323 79 95840 418699 81 71880 442659 KY 344356 0.695 148604 195753 57 113930 230427 67 99069 245287 71 74302 270055 MS 65317 0.369 53063 12254 19 40681 24635 38 35375 29941 46 26531 38785 NC 227030 0.600 113479 113551 50 87000 140030 62 75652 151378 67 56739 170291 SC 157190 0.712 66277 90914 58 50812 106378 68 44184 113006 72 33138 124052 TN 208069 0.715 87341 120728 58 66962 141107 68 58228 149842 72 43671 164398 WV 301574 0.707 127990 173584 58 98126 203449 67 85327 216248 72 63995 237579 Other State Total 2439368 0.654 1118434 1320933 54 857466 1581901 65 745623 1693745 69 559217 1880150 TOTAL 5848149 0.748 2292395 3555755 61 1778744 4069405 70 1564379 4283770 73 1173285 4674865 
   

LADCO Analysis

Based on this plant‐level, unit‐level analysis of coal‐fired units, the LADCO States identified the following

achievable annual average emission rates:  

   

Table I‐8. NOx and SO2 Analysis

NOx        

Year Illinois Indiana Michigan Ohio Wisconsin

2008 0.23 0.305 0.29 0.36 0.21

2013 0.11 – 0.12 0.297 0.18 0.24 0.13

2014 0.11 – 0.12 0.171 0.15 0.18 0.12

2015 0.11 – 0.12 0.165 0.13 0.17 0.10

2017 0.11 – 0.12 0.114 0.11 0.12 0.09

          

SO2        

Year        

2008 0.50 0.93 0.91 1.09 0.57

2013 0.24 – 0.44 0.67 0.58 0.75 0.39

2014 0.20 ‐0.43 0.66 0.45 0.65 0.39

2015 0.19 – 0.28 0.66 0.37 0.65 0.25

2017 0.15 – 0.23 0.25 0.25 0.256 0.16

It should be noted that the analysis is based on coal‐fired units.  Consideration of all units (coal, oil, gas,

and biomass) will result in emission rates slightly below those indicated above.

The number of post‐combustion controls assumed in this analysis is provided below.  The total amount

of mega‐wattage controlled in each state is on the order of 80‐90%.

Table I‐9. Analysis of Post‐combustion Controls by Year

NOx SO2

SCR SNCR ALL FGD

IL IN MI OH WI IL IN MI OH WI IL IN MI OH WI IL IN MI OH WI

2008

   

23 3 19 1

   

4 0 15 1 17 27 3 34 2 6 23 2 16 1

2013

   

23 7 25 5

   

7 0 11 8 32 30 7 36 13 20 29 7 25 6

2014

   

23 12 26 5

   

7 0 11 8 34 30 12 37 13 29 29 12 33 6

2015

   

23 17 27 5

   

17 0 11 15 36 40 17 38 20 35 29 17 33 6

2017

   

32 25 34 8

   

17 0 14 15 36 49 27 48 23 37 48 27 41 13

Note:  IL and OH numbers reflect number of units controlled, and IN and WI numbers reflect number of

installations (which may cover several units).

I-5
   

II-1 

APPENDIX II – Timing

Example 1: Case Study

Maryland Healthy Air Act

Deadlines and the Installation of Control Equipment

BACKGROUND

In April of 2006, the Maryland General Assembly adopted the Maryland Healthy Air Act.  The bill

was signed into law on April 6, 2006.  In general, the law required significant reductions in

Nitrogen Oxides (NOx), Sulfur Dioxide (SO2) and Mercury (HG) from electricity generating units

(EGUs) in Maryland.  It also required Maryland to join the Regional Greenhouse Gas Initiatve

(RGGI), the first cap‐and‐trade program to tackle CO2 in the Country.

Portions of Maryland are nonattainment for the federal Ozone and PM2.5 Standards.  NOx

reductions were a critical part of Maryland’s plan to reduce ground level ozone.  Reductions in

SO2 and NOx are both important to the States plans to lower fine particle levels.  Maryland also

had multiple issues with mercury and the Chesapeake Bay.

The Healthy Air Act was driven by the concept that the emission reductions from the Healthy Air

Act would be important to the States own efforts to solve its air quality problems.  It did,

however, recognize that Maryland had a responsibility under the Clean Air Act to reduce

pollution to also help downwind neighbors.  

The implementing regulations were put on a fast track and were adopted on January 18th, 2007.

The Healthy Air Act includes two phases of reductions: 2009 and 2012 for NOx and 2010 and

2012 for SO2 and mercury.  Table 1 below summarizes the additional NOx and SO2 reductions

required in 2009, 2010, 2012 and 2013.    

Table 1

Maryland Healthy Air Act Emission Reductions

      

2009 2010 2012 2013

NOx 70%    75%   

SO2    80%    85%

Mercury     80%    90%

Because of pre‐2006 control programs like the OTC NOx Budget Rule, total NOx reductions from

Maryland EGUs between 1990 and 2012 are estimated to be over 85%.
   

II-2 

THE DEADLINES

While the Healthy Air Act was being debated, there was considerable concern raised

over the issue of timing.  In general, Maryland’s two major power generators argued

that the 2 years to install NOx controls and the 2 1⁄2 to 3 years to install SO2 and Mercury

controls were a huge and perhaps impossible challenge.  Over 60% of Maryland’s

electricity comes from coal.   

Maryland’s largest generator (3 plants – 9 units) argued that the only feasible way to

install the controls required by the Healthy Air Act was to go in series (plant‐by‐plant)

and that a plant‐by‐plant approach could take over 6 years.

As a result of this debate, the law included several waiver provisions to allow affected

sources more time, without penalty, if such delays could be justified.  For Phase 1 (2009

for NOx and 2010 for SO2 and HG) there have been no requests for waivers.  Both of

Maryland’s major generators have installed their controls in parallel, not in series (plant‐

by‐plant).

Because of the Healthy Air Act, by 2010, over $2 Billion will have been invested in new

control equipment (6 scrubbers, 3 SCRs, 6 SNCRs).  Four SCRs and numerous combustion

modifications had been installed on coal fired power plants in the Maryland prior to the

Healthy Air Act.     

Table 2 below summarizes the planning and installation schedules for the six largest

plants in the State.

Construction schedules for the FGD ran approximately 28 months each.   Engineering

economies were realized by using the same size FGD for the four Mirant installations.  

While the number of units served by each FGD in the three plants in the Mirant system

varied, the total MW of capacity feeding each FGD was approximately the same at about

600 MW.  This allowed the same engineering design to be used for each FGD.  The two

FGD at Brandon Shores are also identical to each other.

While the use of two FGD designs assisted with the timely completion of the six

projects, material handling design and ductwork to and from the FGDs were different at

each site.  Three of the FGD projects had to deal with SCR construction occurring

simultaneous to the FGD construction, and accommodations for crane availability had to

be carefully scheduled. All of the FGD’s required new stacks with fiber glass liners.  The

liners were constructed on site and the equipment installed to fabricate the liners the

required permits to construct from MDE.  
   

II-3 
   

II-4 

OTHER MID‐ATLANTIC STATES

Between 2006 and 2009 there were other very significant efforts taking place in the Mid‐

Atlantic area to add scrubbers, SCRs and SNCRs.  Because of state programs and the Clean Air

Interstate Rule (CAIR), Virginia, New Jersey, Delaware, West Virginia and North Carolina all had

significant control technology installation efforts taking place between 2006 and 2009.

CONCLUSION

With the appropriate regulatory structure, very significant pollution control systems, including

FGDs, SCRs and SNCRs, can be installed in multiple plants owned by the same company, in

parallel, in a relatively short timeframe.   

Supplemental Information:

• Law: http://mlis.state.md.us/2006rs/bills/sb/sb0154e.pdf

• Regulation: http://www.mde.state.md.us/assets/document/26‐11‐

27_MD_Healthy_Air_Act.pdf
II-5 

Example 2: Installation of SCR Units from EPA’s NOx SIP Call

55.5%

of Units

22.3%

of Units

SCR Units Over Time

Phase I

Minimal SCR Units

Expect Minimal NOx

Reductions

Phase II

Large Number of SCR Units Installed

Expect SIGNIFICANT NOx Reductions

Especially after 2003-2004

Ground-level ozone

should decrease dramatically Data courtesy of The Institute of Clean Air Companies (ICAC).

77.8% of Units Installed

between 2003-2007 Scheduled Startup Unit
Appendix III – Cost of Controls

Table III‐1. Available Emission Control Devices, Emission Reductions and Estimated Costs1

Fuel Type Pollutant Available Control Device Expected Emission

Reduction (%)

C

Coal‐Fired NOx Selective Non‐Catalytic Reduction (SNCR)

Selective Catalytic Reduction (SCR)

45%85%

SO2 Flue Gas Desulfurization (FGD) system (dry scrubber)

Wet FGD system (wet scrubber)

95%95%

Residual

Oil‐Fired

NOx Low NOx Burners (LNB)

LNB plus Flue Gas Recirculation (FGR)

Selective Non‐Catalytic Reduction (SNCR)

LNB plus SNCR

Selective Catalytic Reduction (SCR)

50%60%50%65%85%

Distillate

Oil‐Fired

NOx Low NOx Burners (LNB) 50% 

Gas‐Fired NOx Low NOx Burners (LNB) 50% 

Note: aCost estimates shown are in 2008 dollars for a 250 MMBtu/hr boiler (≈ 73 MW) operating at 66 percent capacity a

hours per year

1New Hampshire Department of Environmental Services (October 2008) Draft ICI Boiler NOx and SO2 Control Cost Estima

(Andy Bodnarik, 2009)
Table III‐2 Stationary and Area Source Measures

NOx Measure State Rules National

Measure

Emissions 

Reduction

Boilers serving EGUs DE, NJ,MA, MD * 413 TPD OTR $1,100 

New Small Gas Boilers CA, TX * 53 TPD OTR $3,300 to 

Municipal waste 

incinerators NJ, MD * 14 TPD OTR $2,140 

HEDD EGUs NJ * TBD $45,000 to 

Stationary Generator 

Regulation (DG) 

DE, MA, 

MD, NJ

* TBD $39,700 to 

Minor New Source 

Review

DE, CT, MD, 

MA, NJ, RI

* TBD $600 to 

Energy security / 

Energy efficiency TBD * TBD 
Table III‐3 Stationary and Area Source VOC Measures

VOC Measure State Rules National

Measure

Emissions 

Reduction

AIM rule CA * 50 TPD OTR $2

Auto Refinishing CA * 21 TPD OTR $2

Consumer Products 

2006 CA * 19 TPD OTR $7

Lower VOC Solvent 

Degreaser MD, CA * 13 TPD OTR $1

Gas Stations TBD * TBD 

Large VOC Storage 

Tanks MD, NJ * TBD $2,288 t

Minor New Source 

Review

DE, CT, 

MD, MA, 

NJ, RI

* TBD 
Appendix IV – Air Quality Benefits

State Collaborative Modeling Results

19

Ozone 8-Hour

Concentrations

2009

2012 2018

DRAFT DRAFT DRAFT

Based on 2005 meteorology

   

17

PM2.5 Daily

Concentrations

2009

2012 2018

DRAFT DRAFT DRAFT

Based on 2005 meteorology

IV-1
15

PM2.5 Annual

Concentrations

2009

2012 2018

DRAFT DRAFT DRAFT

Based on 2005 meteorology

IV-2
OTC Sensitivity Modeling Runs: 40% NOx Emission Reduction, All Sectors

DVF 2012 BOTB/BOTW “NOC

40% Across‐the‐Board Anthro
MANE-VU Annual Total NOx Emissions by Source Category

262,477 265,925 265,925 261,057 261,057 263,033 431,630 353,219 353,219 321,934 321,934 280,006

1,376,365

745,736 745,736

551,846 551,846

303,957

673,505

406,721

547,432

381,248

537,673

374,947

0

500,000

1,000,0001,500,0002,000,0002,500,0003,000,000

2002 2009 CAIR 2009 No CAIR 2012 CAIR 2012 No CAIR 2018 201

tons/yr
MANE-VU Annual Total NOx Emissions (All Categories) and Highest O3 8-hr Design Value in t

2,744,133

1,774,443

1,518,927

1,221,945

1,003,506

98.3

90

86

80

74

0

500000

10000001500000200000025000003000000

2002 2009 2012 2018 2012 NoCAIR

N40V00

NOx Emissions (tons/year)

020406080100120

O3 Design Value (ppb) 
Appendix V – Other Sectors

Table V‐1. Status Report on OTC State Efforts to Promulgate Regulations Based on OTC 2001 Model Rules (as of May 19

Consumer Products 

Architectural and Industrial Maintenance Coatings 

Portable Fuel Containers 

Mobile Equipment Repair and Refinishing 

Solvent Cleaning 

Additional NOx Controls 

Distributed Generation Standards 

State Contacts and Links to Ru

C T Effective Effective Effective Effective (similar rule) Effective Alternative requirements in effect Effective Contact: Susan Amarello 860-424-3442 http://www.ct.gov/dep/cwp/view.asp?D E 

Effective See 2006 rule 

Effective See 2006 rule Effective Effective Effective Effective 1/11/06 Contact: Gene Pettingill 302-323-454

http://www.dnrec.state.de.us/air/aqm

http://www.dnrec.state.de.us/air/aqm

D C Effective Effective See 2006 rule Effective Effective NOx RACT Already in place In progress l (202) 535M E Effective Effective See 2006 rule Effective Effective Effective Contact: Jeff Crawford 207-287-2437 http://www.maine.gov/dep/air/regulatM D 

Effective (COMAR 26.11.32) 

Effective (COMAR 26.11.33) 

See 2006 rule 

Effective (similar rule) 

Effective (similar rule) In progress In progress 

Contact: Gene Higa 410-631-3353 PFC: Eddie Durant Consumer Products: Husain Waheed 410-537-3240http://www.dsd.state.md.us/comar/su

M A 

Adopted CP rule (Phase II) 10/19/2007; new standards effective 1/1/2009 

Rule adopted 10/19/2007; new standards effective 1/1/2009 

See 2006 rule 

Effective (similar rule) 

Rule adopted 3/06/2009; new standards effective 9/06/2009. 

Effective (similar rule) 

Rule finalized 9/2005 

Contacts: Consumer products; AIM Coatings; s

azin.kavian@state.ma.us

Distributed Generation: Robert.donaProposed regulations: http://www.m

Final regulations: http://www.mass.g

N H 

Adopted (Effective January 1, 2007) 

Adopted (7/27/06) 

See 2006 rule 

Not considering Adopted Under review

Effective (not based on OTC model rule) 

Contact: Mike Fitzgerald 603-271-63http://www.des.state.nh.us/rules/env-http://www.des.state.nh.us/rules/env-
Table V‐2. Status Report on OTC State Efforts to Promulgate Regulations Based on OTC 2001 Model Rules (as of Ma

Consumer Products 

Architectural and Industrial Maintenance Coatings 

Portable Fuel Containers 

Mobile Equipment Repair and Refinishing 

Solvent Cleaning 

Additional NOx Controls 

Distributed Generation Standards 

State Contacts and Links t

N J Effective Effective Effective Effective Effective Effective Effective Contacts: CP, PFCs: Judy Rand 

Additional NOx Controls, DG: Al

N Y Effective Effective See 2006 rule Effective Effective Effective 

In progress (Target effective date 07/01/10) 

Contact: Ron Stannard 518-402

http://www.dec.state.ny.us/webshttp://www.dec.state.ny.us/webshttp://www.dec.state.ny.us/websftp://www.dec.state.ny.us/dar/libhttp://www.dec.state.ny.us/websftp://www.dec.state.ny.us/dar/lib

P A Effective Effective 

See 2006 status report; Will rely on Fed PFC rule adopted by EPA on February 26, 2007. 72 FR 8427 

Similar rule is already in place 

Effective Effective Will consider 

Contact: Susan Hoyle, shoyle@

Additional NOx Controls http://www.pabulletin.com/secur

MERR: http://www.pacode.com/secure/dSC: http://www.pacode.com/sec

PFC: http://www.pacode.com/secure/d

CP: http://www.pacode.com/secure/dAIM: http://www.pacode.com/secure/d

R I Effective 7/09, Effective 7/09 See 2006 rule Effective (similar rule) 

Effective (similar rule) Updated 10.08 

Will consider Effective (similar rule) Contact: Barbara Morin 401-222

V T Will consider RACT** See 2006 rule RACT** RACT** RACT** In progress V A Effective Effective See 2006 rule Effective Effective 

Contact: Gary Graham (804) 69AIM: http://www.deq.virginia.gov

PFC: http://www.deq.virginia.gov

MERR: http://www.deq.virginia.g

SC: http://www.deq.virginia.gov/

CP: http://www.deq.virginia.gov/CP Info: http://www.deq.virginia.

** RACT determination required at the time of renewal of operating permit by state law 
Table

V‐3. Status Report on OTC State Efforts to Promulgate Regulations Based on OTC 2006 Model Rules (as of Ma

Consumer Products (Phase II) 

Adhesives and Sealants 

Portable Fuel Containers (w/ Kerosene) 

Diesel Chip Reflash 

Asphalt Paving 

Regional Fuel 

Additional NOx Controls 

State Contacts and Links t

C T Effective Effective Effective 

Developing an integrated heavy-duty diesel truck strategy 

Rule adoption proceeding. 

Effective statewide 

Under evaluation as part of a multi-pollutant planning effort 

Contact: Susan Amarello 860-424-3442 http://www.ct.gov/dep/cwp/vieD=1619 

D E 

Effective April 11, 2009 

Effective April 11, 2009 

Relying on federal rule 

Developing strategy 

Similar rule already in effect 

Already in effect statewide 

Effective on July 11, 2007 

Adhesives, PFC, Asphalt, Con323-4542 Regional Fuel, Chip Reflash: PAdditional NOx Controls: Franhttp://regulations.delaware.go

ml#TopOfPage

D C 

Proposed May 2007; addressing public comments 

Proposed May 2007; addressing public comments 

Proposed May 2007 No Action No Action No Action No Action Contact: Cecily Beall (202) 53

M E 

Rule adopted, Standards effective Jan 1, 2009 

Scheduled for adoption 5/21/09 

Draft rule under development 

No action 

Scheduled for public hearing 6/18/09 

No Action No Action Contact: Jeff Crawford 207-28

http://www.maine.gov/dep/air/

M D 

Proposal publication 03/31/07; Hearing 5/1/07; Final Reg Pub 06/08/07; Effective 06/18/07 

Rule adopted February 5, 2008; new standards effective April 7, 2008. Single Ply Roof Amendment: Adopted 04/29/09; Published 05/22/09; Effective 06/01/09 

Proposal publication 03/31/07; Hearing 5/1/07; Final Reg Pub 06/08/07; Effective 06/18/07 

No action Under review 

Presently in nonattainment areas, will consider regional fuel for attainment areas 

Distributed Generation regulation: Proposal publication 10/24/08; Hearing 11/25/08; Final Reg Pub 05/08/09; Effective 05/18/09 Partial HEDD consent order 2008. 

Contacts: PFC: Eddie Durant Consumer Products, AdhesiveDG: Randy Mosier 410-537-3240

M A 

Rule adopted 10/19/2007; new standards effective 1/1/2009 

Rule under development.

Will rely on 2007 Federal PFC rule (72 FR 8427) . 

No action Rule under development. Already have RFG statewide Under review 

Contacts: 

Consumer products; Adhesives 

Kavian azin.kavian@state.ma.

Proposed regulations: http://w

Final regulations: http://www.
Table

V‐4. Status Report on OTC State Efforts to Promulgate Regulations Based on OTC 2006 Model Rules (as of May 19

Consumer Products (phase II) 

Adhesives and Sealants 

Portable Fuel Containers (w/ Kerosene) 

Diesel Chip Reflash 

Asphalt Paving 

Regional Fuel 

Additional NOx Controls 

State Contacts and Links to 

N H 

Draft rule under development (on hold) 

Draft rule under development (on hold) 

Adopted No action Under review Under consideration Under review 

Contact: Mike Fitzgerald 603-2http://www.des.state.nh.us/rule

http://www.des.state.nh.us/ruleSend annual date code update 

N J 

Adopted 10/30/08 

Adopted 10/30/08 

Adopted 10/30/08 No action Adopted 3/20/09 RFG in place state wide Adopted 3/20/09 

http://www.state.nj.us/dep/a

Contacts: CP, PFCs, Adhesiv

Asphalt Paving: Stella Oluwas

Diesel Chip Reflash: John Go

Additional NOx Controls: Allan 

N Y 

Proposed Hearings 7/09 In progress Adopted 06/30/09 Evaluating court decision In progress Under consideration In progress Contact: Ron Stannard 518-40

P A 

Final rulemaking scheduled for Environmental Quality Board consideration June 16, 2008; Anticipated effective date for new categories is Jan 1, 2009 

Proposed Rulemaking schedule for Environmental Quality Board consideration August 17, 2008; Anticipated effective date is May 1, 2009 

Will rely on Fed PFC rule adopted by EPA on February 26, 2007. 72 FR 8427 

No plans to pursue at this time. 

Under consideration 

Under consideration 

Cement Kiln and Glass Furnace regulations’ public comment periods close June 23, 2008; Anticipated effective date is May 1, 2009 

Contact: Susan Hoyle 717-77shoyle@state.pa.us

www.depweb.state.pa.us/pubp

www.pacode.com/

www.pabulletin.com/

R I 

Rule Adopted May 2009, limits effective 7/1/09 

Rule Adopted May 2009, limits effective 7/1/09 

Will rely on federal rule. 

No plans to pursue 

Hearing on rule 2/09, limits will be effective 5/10 

RFG in place state wide 

No plans at this time to implement this measure. 

Contact: Barbara Morin 401-22

V T 

No plan to adopt Plan to pursue Plan to pursue 

Plan to pursue depending on legal basis 

Considering 

Under consideration, would adopt if truly regional 

No plans at this time to implement this measure. 

V A 

Notice of intended regulatory action 

Notice of intended regulatory action 

Notice of intended regulatory action 

No current plans to pursue. 

No current plans to pursue. 

No current plans to pursue. 

No current plans to pursue. 

Contact: Gary Graham (804) 6

Performance Standards: We understand that EPA is considering a hybrid approach in its 

CAIR replacement rule involving regional emissions trading and unit-specific performance 

standards (cite: July 9, 2009, testimony by Regina McCarthy before the Subcommittee on 

Clean Air and Nuclear Safety, Committee on Environment and Public Works, U.S. Senate). 

As discussed in the September 2, 2009, joint letter, we strongly support and encourage EPA 

to include regional emissions trading to the fullest extent allowed under the Clean Air Act. 

We believe, however, that unit-specific performance standards go beyond the requirements 

of section 110 and the scope of a CAIR replacement rule; inhibit trading; and that 

performance standards with a near-term compliance timeframe, such as 2017, are not 

practical for all EGUs. Although we firmly believe that it is not appropriate to include 

performance standards in a CAIR replacement rule, if EPA decides to consider including 

performance standards, then EPA should work with the states to take into account the basis 

and timing of the requirements identified in the September 2, 2009, joint letter, cost 

effectiveness, site specific factors (such as space limitations) and the pollution control 

equipment already in place on the existing fleet of EGUs. Specifically, on this last point, we 

believe that EPA should not require replacement or repowering of units or control systems 

that are sound technology and operating at a reasonable effectiveness. 

LADCO Recommendation 2 

B. State- Led Attainment Planning 

We recommend the use of a state-led attainment planning process concurrent with developing 

the transport SIP to address areas of interest that are not expected to attain after 

implementation of the national/regional control program. The advantages of this state-led 

planning effort include: 

 A one-size-fits-all federal solution cannot provide the most appropriate and cost-effective 

solution for each area; 

 Attainment planning is more effective and more likely to succeed if it is done on a nonattainment area basis with a limited number of states; 

 Additional controls are identified where they are needed; and 

 States maintain their responsibility under the Clean Air Act to establish state 

implementation plans. 

A major contributing state (i.e., a state which contributes at least 4% to a downwind area of 

interest that is not expected to attain after implementation of the national/regional program) 

must also either: 

1. In conjunction with other major contributing states, develop, adopt, and implement an 

appropriate attainment strategy for the area of interest, as follows:

a. An upwind state’s responsibility for achieving air quality benefits in a downwind area 

should be commensurate with the magnitude of the upwind state’s contribution to the 

downwind air quality problem. 

b. To facilitate flexibility in developing control programs and reduce control costs, state 

planning efforts should accommodate interstate emissions trading to the fullest extent 

allowed by the Clean Air Act. 

c. Photochemical modeling, performed in accordance with EPA modeling guidance, 

should be conducted to determine the amount of emission reduction needed to provide 
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September 10, 2009

1

Supporting Materials

LADCO Recommendations to EPA on a CAIR Replacement Rule

The purpose of this document is to review LADCO’s recommendations to EPA on a CAIR 

replacement rule, along with the rationale and any supporting materials.

Introduction

Section 110(a)(2)(D) requires SIPs to...

“... contain adequate provisions – (i) prohibiting...any source or other type of emissions 

activity within the State from emitting any air pollutant in amounts which will –

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any (NAAQS)..., or

(II) interfere with measures required to be included in the applicable implementation 

plan for any other State under part C to prevent significant deterioration of air quality 

or to protect visibility...”

In its decision, the U.S. Court of Appeals for the D.C. Circuit rejected EPA’s approach in CAIR in 

which it gave “interfere with maintenance” much the same meaning as “contribute significantly 

to nonattainment”. The Court discussed the problem of areas struggling to meet the National 

Ambient Air Quality Standards (NAAQS) – i.e., areas which “could fall back into nonattainment 

because of the historic variability” in their air quality levels. It is, therefore, necessary for EPA to 

independently address the “contribute significantly to nonattainment” and “interfere with 

measures” provisions of section 110(a)(2)(D).

To ease the administrative (and technical) burden, LADCO recommends that a necessary first 

step in addressing significant contribution and interference with maintenance is to identify the 

downwind areas of interest. (Note: LADCO’s recommended test is broad enough to consider 

“historic variability”, as instructed by the Court.) For those areas, a threshold level is proposed 

to determine which upwind states need to be considered for emission reductions. A 2-part, 

multi-sector process is then recommended to meet Clean Air Act requirements.

In summary, a 3-step approach is proposed to address the transport requirements of section 

110(a)(2)(D): 

(1) identify areas of interest; 

(2) identify upwind states which contribute significantly to nonattainment or interfere 

with maintenance in these areas, and 

(3) implement a multi-sector approach, as necessary, to provide an appropriate remedy 

to meet Clean Air Act requirements.
September 10, 2009

2

Identifying Areas of Interest

LADCO Recommendation

A. While the requirements of Section 110(a)(2)(D) apply to all areas, most attention should be 

given to those areas not meeting or struggling to maintain the NAAQS. These "areas of 

interest" should be identified using monitoring and modeling data. 

:

B. Specifically, these are areas with both base monitored design values and future modeled 

design values above the applicable NAAQS should be designated as areas of interest. The 

monitored design values are based on the maximum design value from the periods 2003-

2005 through the most recent three-year period, and the future modeled values are based 

on future year modeling which reflects legally enforceable control measures and a 

conservative model attainment test - i.e., use of maximum design values rather than 

average design values.

1. The use of maximum design values and a conservative model attainment test are 

intended to account for historic variability, which is necessary to ensure maintenance. 

An alternative means of accounting for historic variability is to conduct a statistical 

analysis of the year-to-year variation in meteorology. 

2. Requiring a more conservative model attainment test will necessitate a change in EPA's 

modeling guidance. EPA should also establish performance criteria to insure that the 

modeling is capturing transport appropriately.

3. EPA's approach in CAIR also reflects a "monitored and modeled" test to identify areas 

of interest.

Discussion

EPA was challenged by the State of North Carolina on its test to identify areas of interest. North 

Carolina argued that EPA’s test should address areas that are currently monitoring 

nonattainment. The Court found that EPA’s approach in CAIR was identical to its approach in 

the NOx SIP call and that EPA’s approach was reasonable. It denied North Carolina’s petition 

on this issue. As such, LADCO recommends that EPA continue to use a modeled plus 

monitored test to identify areas of interest. However, the test will need to deal with both areas 

not meeting and those struggling to maintain the air quality standards. In particular, as 

instructed by the Court, the test will need to account for historic variability in air quality levels. 

: In the Clean Air Interstate Rule (CAIR), EPA relied on a “modeled plus monitored” 

test to identify the areas of interest. Specifically, a county had to have both a measured design 

value for the most recent period of available ambient data (i.e., 2001-2003) and a modeled 

value for the 2010 base case above the air quality standard to qualify “as the downwind 

receptors for determining which upwind States make a significant contribution” in downwind 

States. EPA identified 62 counties for PM2.5 and 40 counties for ozone.

We considered two methods, which assume similar approaches for ‘significant contribution to 

nonattainment’ and ‘interference with maintenance’. In the first method, a statistical analysis of 

the year-to-year variability in meteorology was conducted using the method developed by Cox 

and Chu (1993). Under this method, a threshold value slightly below the NAAQS could be used 

to address maintenance. 
September 10, 2009

3

A second method to address maintenance uses the year-to-year variability already reflected in 

the ambient measurements. Under this method, areas of interest would be identified based on 

the monitoring data for the highest of the last three 3-year periods and the future year modeled 

values (based on the highest of the three 3-year periods included in the modeled attainment 

test, rather than the average of these three periods, which is what EPA’s modeling guidelines 

currently recommend). An area would be on the list if the monitored and modeled values both 

exceed the NAAQS. Key advantages of this method are that it accounts for historic variability 

based on actual monitoring data, and it uses the NAAQS as the threshold. For these reasons, 

we recommend this approach be used.

Identifying Upwind States that Significantly Contribute to Nonattainment or Interfere with 

Maintenance

A. An upwind state significantly contributes to nonattainment or interferes with maintenance in 

a downwind area of interest if its total impact from all source sectors equals or exceeds 1% 

of the applicable NAAQS.

LADCO Recommendation:

B. Individual state contributions should be determined through a weight-of-evidence approach, 

including source apportionment modeling 

C. Use of 1% of the NAAQS as the significance threshold is consistent with EPA's approach in 

CAIR. 

Discussion:

EPA was challenged by the State of North Carolina on its significance threshold for PM2.5, 

including its rounding to 0.2 ug/m3. The Court found that EPA’s approach was reasonable and 

denied North Carolina’s petition on this issue. As such, LADCO recommends that EPA continue 

to rely on significance values consistent with its prior rulemakings. Given that the ozone and 

PM2.5 standards have changed since these rulemakings, a reasonable approach would be to 

assume a specific percentage of the NAAQS as the significance threshold. Taken as a whole, 

the prior rulemakings suggest a value on the order of 1 – 1.5% of the NAAQS. For simplicity, 

we recommend a value of 1% of the NAAQS for a state to be deemed significant and included 

in the applicability of a CAIR replacement rule. 

In the NOx SIP Call, EPA assumed a significance threshold for ozone of 2 ppb, 

which represented about 1.5% of the 1-hour ozone standard and 2.5% of the 8-hour standard 

(1997 version). In the Clean Air Interstate Rule (CAIR), EPA relied on this same threshold for 

ozone and assumed a significance threshold for PM2.5 initially based on 1% of the 15 ug/m3 

annual standard. EPA subsequently rounded this value to 0.2 ug/m3, which is 1.3% of the 

NAAQS.
September 10, 2009

4

Implementing a Multi-Sector Remedy to Meet Clean Air Act Requirements

A two-part process is recommended consisting of: (A) a national/regional control program 

adopted by EPA for electrical generating units (EGUs) and additional federal control measures 

for other sectors, and (B) state-led efforts to develop, adopt, and implement federally 

enforceable plans for each area of interest that is not expected to attain the standards even 

after implementation of the national/regional program. 

LADCO Recommendation:

A. National/Regional Control Program

A significantly contributing state (i.e., a state which contributes at least 1% to a downwind 

area of interest) must comply with the national/regional control program described below.

1. EGU point source strategy (applicable to units > 25 MW)

In adopting a CAIR replacement rule, EPA should:

(a) make federally enforceable through appropriate mechanisms all NOx and SO2

controls to comply with the original CAIR Phase I program;

(b) make federally enforceable through appropriate mechanisms optimization by no later 

than early 2014 of existing NOx and SO2 controls;

(c) make federally enforceable through appropriate mechanisms application by 2015 of 

low capital cost NOx controls; 

(d) establish statewide emission caps by no later than 2017 for all fossil fuel-fired units 

≥25MW. The caps should reflect an analysis of NOx and SO2 controls on coal-fired 

units ≥ 100 MW which, in combination with the three measures above, will achieve 

rates that are not expected to exceed 0.25 lb/MMBTU for SO2 (annual average for all

units ≥25 MW) and 0.11 lb/MMBTU for NOx (ozone seasonal and annual average for 

all units ≥25 MW) and which will result in lower rates in some states. Previously 

banked emissions under the Title IV or CAIR programs shall not be used to comply 

with the state-wide emission caps; and

(e) to the fullest extent allowed under the Clean Air Act, EPA should work with the states 

to establish regional emissions caps with full emissions trading to replace the caps 

currently applicable under CAIR.

We believe that regional emissions caps for any earlier year (e.g., 2015) should not 

be established, either in addition to or in lieu of a 2017 cap. We conducted a stateby-state analysis of what level of EGU control for NOx and SO2 is achievable over 

the next several years. A fundamental assumption in our analysis is a July 2012 

start date for the planning, engineering, and construction of any new NOx and SO2 

controls. This date reflects a January 2011 promulgation date for a CAIR 

replacement rule and another 18 months for adoption of state rules. Four “layers” of 
September 10, 2009

5

control were considered: (1) all NOx and SO2 controls to comply with the original 

CAIR Phase I program, (2) optimization of existing NOx and SO2 controls by 2014, 

(3) application of low capital cost NOx controls (e.g., combustion modifications) by 

2015, and (4) installation of new NOx and SO2 controls (e.g., SCRs for NOx and 

FGDs for SO2) by 2017. We believe that the first three measures identified above 

are all that can be done by 2015.

We understand that EPA is considering a hybrid approach in its CAIR replacement 

rule involving regional emissions trading and unit-specific performance standards 

(cite: July 9, 2009, testimony by Regina McCarthy before the Subcommittee on 

Clean Air and Nuclear Safety, Committee on Environment and Public Works, U.S. 

Senate). As noted above, we strongly support and encourage EPA to include 

regional emissions trading to the fullest extent allowed under the Clean Air Act.

We believe, however, that unit-specific performance standards go beyond the 

requirements of section 110 and the scope of a CAIR replacement rule; inhibit 

trading; and that performance standards with a near-term compliance timeframe, 

such as 2017, are not practical for all EGUs. Although we firmly believe that is not 

appropriate to include performance standards in a CAIR replacement rule, if EPA 

decides to consider including performance standards, then EPA should work with the 

states to take into account the basis and timing of the requirements identified above, 

cost effectiveness, site specific factors (such as space limitations) and the pollution 

control equipment already in place on the existing fleet of EGUs. Specifically, on this 

last point, we believe that EPA should not require replacement or repowering of units 

or control systems that are sound technology and operating at a reasonable 

effectiveness.

2. Non-EGU point source strategy

a. EPA should identify and prioritize other categories of point sources with major 

emissions of NOx and/or SO2 (e.g., cement plants) based on a review of available 

emissions inventories and other information, such as source apportionment studies.

b. For the non-EGU point sources, EPA should identify and evaluate control options for 

reducing NOx and/or SO2 emissions. The evaluation should consider the 

technological, engineering, and economic feasibility of each control option.

c. At a minimum, EPA should evaluate the technological, engineering, and 

implementation feasibility, and cost-effectiveness of controlling SO2 and NOx 

emissions from industrial, commercial, and institutional boilers > 100 MMBTU/hour.

3. Mobile source strategy, such as new engine standards for on-highway and off-highway 

vehicles and equipment, and a single consistent environmentally-sensitive formulated 

fuel.
September 10, 2009

6

4. Area source strategy, such as new federal standards for consumer products and 

architectural, industrial and maintenance coatings as originally promised by EPA in 

2007.

B. State- Led Attainment Planning 

We recommend the use of a state-led attainment planning process concurrent with 

developing the transport SIP to address areas of interest that are not expected to attain after 

implementation of the national/regional control program. The advantages of this state-led 

planning effort include:

• A one-size-fits-all federal solution cannot provide the most appropriate and costeffective solution for each area; 

• Attainment planning is more effective and more likely to succeed if it is done on a 

non-attainment area basis with a key subset of contributing states;

• Additional controls are identified where they are needed; and 

• States maintain their responsibility under the Clean Air Act to establish state 

implementation plans.

A major contributing state (i.e., a state which contributes at least 4% to a downwind area of 

interest that is not expected to attain after implementation of the national/regional program) 

must also either:

1. In conjunction with other major contributing states, develop, adopt, and implement an 

appropriate attainment strategy for the area of interest, as follows: 

a. An upwind state’s responsibility for achieving air quality benefits in a downwind area 

should be commensurate with the magnitude of the upwind state’s contribution to the 

downwind air quality problem.

b. To facilitate flexibility in developing control programs and reduce control costs, state 

planning efforts should accommodate interstate emissions trading to the fullest 

extent allowed by the Clean Air Act.

c. Photochemical modeling, performed in accordance with EPA modeling guidance, 

should be conducted to determine the amount of emission reduction needed to 

provide for attainment and the relative contributions of the participating states and 

source sectors, and to assess candidate control measures.

2. In the event that the multi-state planning effort is unsuccessful, then each 4% state may 

still be able to satisfy its section 110(a)(2)(D) obligation if it can demonstrate to EPA that 

it has emission reductions measures for significantly contributing source categories that 

are commensurate with a Reasonably Available Control Measure analysis for the 

affected area. These measures should be determined by first identifying key pollutants 

and source categories that contribute to the air quality problem, and then identifying and 

evaluating control measures for the contributing source categories. 
September 10, 2009

7

Discussion:

Regional air quality modeling conducted by the State Collaborative demonstrates the need for a 

multi-sector approach (“Regional Modeling for the Eastern U.S.: Technical Support Document”, 

July 9, 2009). This modeling shows for ozone, mobile sources (on-road and off-road) are the 

dominant contributors (about 60%), and for PM2.5, point, area, and mobile sources are all 

important contributors – see Figure 1. Thus, a complete remedy to section 110(a)(2)(D) must 

deal with EGUs and other important source sectors.

A 2-part, multi-sector process is recommended consisting of: (1) a national/regional 

control program adopted by EPA for EGUs and additional federal control measures for other 

sectors, and (2) state-led efforts to develop, adopt, and implement appropriate attainment plans 

for each nonattainment and maintenance area of interest. 

Figure 1. Source sector contributions for ozone PM2.5-annual, and PM2.5-daily based on 20-30 

select (high concentration) monitors 

National/Regional Control Program: A key part of the recommended national/regional control 

program covers EGUs, which, as seen in Figure 2, contribute about 10% (on average) for ozone 

and 20% (on average) for PM2.5. The LADCO States examined the level of EGU control for 

NOx and SO2 that is achievable over the next several years – see, for example, Attachment I. 

A fundamental assumption in the LADCO analysis is a July 2012 start date for the planning, 

engineering, and construction of any new NOx and SO2 controls. This date reflects a January 

2011 promulgation date for a CAIR replacement rule and another 18 months for adoption of 

state rules.

Achievable state-wide average NOx and SO2 emission rates (annual average) were determined 

for four future years: 2013, 2014, 2015, and 2017. 
September 10, 2009

8

Four “layers” of control were considered on a plant-by-plant basis:

1. Current “in the pipeline” controls pursuant to CAIR Phase I; state rules; state permits; 

or Consent Decrees

2. By 2014, optimization of existing NOx and SO2 controls to achieve 90% (SCRs) and 

95% or more (FGDs) reduction, respectively 

3. By 2015, application of low capital cost NOx controls (e.g., combustion modifications) 

4. By 2017, installation of new NOx and SO2 controls (e.g., SCRs for NOx and FGDs 

for SO2) on units > 100 MW to support state-wide average emissions rates

Based on this plant-level, unit-level analysis of coal-fired units, the LADCO States identified the 

following achievable annual average emission rates: 

Table 1. Results of LADCO analysis of achievable emission rates (lb/MMBTU)

NOx

Year Illinois Indiana Michigan Ohio Wisconsin

2008 0.23 0.305 0.29 0.36 0.21

2013 0.11-0.12 0.297 0.18 0.24 0.13

2014 0.11-0.12 0.171 0.15 0.18 0.12

2015 0.11-0.12 0.165 0.13 0.17 0.10

2017 0.11-0.12 0.114 0.11 0.12 0.09

SO2

Year Illinois Indiana Michigan Ohio Wisconsin

2008 0.50 0.93 0.91 1.09 0.57

2013 0.24-0.44 0.67 0.58 0.75 0.39

2014 0.20-0.43 0.66 0.45 0.65 0.39

2015 0.19-0.28 0.66 0.37 0.65 0.25

2017 0.15-0.23 0.25 0.25 0.256 0.16

It should be noted that the analysis is based on coal-fired units. Consideration of all units (coal, 

oil, gas, and biomass) will result in emission rates slightly below those indicated above. The 

number of post-combustion controls assumed in this analysis is provided in Table 2. The total 

amount of mega-wattage controlled in each state is on the order of 80-90%.
September 10, 2009

9

Table 2. Number of controls assumed in LADCO analysis of achievable emission rates

NOx SO2

SCR SNCR ALL FGD

IL IN MI OH WI IL IN MI OH WI IL IN MI OH WI IL IN MI OH WI

2008 23 3 19 1 4 0 15 1 17 27 3 34 2 6 23 2 16 1

2013 23 7 25 5 7 0 11 8 32 30 7 36 13 20 29 7 25 6

2014 23 12 26 5 7 0 11 8 34 30 12 37 13 29 29 12 33 6

2015 23 17 27 5 17 0 11 15 36 40 17 38 20 35 29 17 33 6

2017 32 25 34 8 17 0 14 15 36 49 27 48 23 37 48 27 56 13

Note: IL and OH numbers reflect number of units controlled, and IN and WI numbers reflect number of 

installations (which may cover multiple units)

Based on the above analysis, the LADCO States recommend the federal control program for 

EGUs reflect the state-wide average emission rates not to exceed 0.25 lb/MMBTU for SO2 

(annual average) and 0.11 lb/MMBTU for NOx (ozone seasonal average).

To supplement the regional air quality modeling conducted by the State Collaborative (see 

“Regional Modeling for the Eastern U.S.: Technical Support Document”, July 9, 2009), LADCO 

conducted modeling for two additional EGU control scenarios1

:

 NOx SO2

(lb/MMBTU) (lb/MMBTU)

Scenario E (2018) 0.125 0.25

Scenario E2 (2018) 0.11 0.25

The average improvement in air quality concentrations for the EGU scenarios (for 2018) is as 

follows:

Table 3. Domainwide average change in air quality concentrations between EGU scenarios

PM-annual PM-daily Ozone

C v. E C v. E2 C v. E C v. E2 C v. E C v. E2

NE 0.7 0.8 1.2 1.2 1.6 2.0

MW 1.1 1.1 1.3 1.4 1.8 1.8

SE 0.9 0.9 1.1 1.1 2.0 2.2

Domain 0.9 0.9 1.1 1.1 1.7 1.8

 1 The base control scenario, which reflects all existing (“on the books”) controls (including all legally 

enforceable EGU controls and all planned EGU controls pursuant to CAIR, as identified by EPA), is 

referred to as Scenario C.
September 10, 2009

10

The amount of improvement varies spatially, as shown in Figure 2. Based on these results, two 

key findings should be noted:

• Scenario E2, which is consistent with the LADCO proposal for EGUs in the

national/regional strategy, provides considerable air quality benefit.

• Scenario E2 provides similar air quality benefit compared to other EGU control 

strategies considered in the regional air quality modeling. 

Figure 2. Change in PM2.5-annual, 

PM2.5-daily, and ozone concentrations, 

Scenario E2 v. Scenario C
September 10, 2009

11

State-led Planning: A major contributing state (i.e., a state which contributes at least 4% to a 

downwind area of interest) must, in conjunction with other major contributing states, develop, 

adopt, and implement an appropriate attainment strategy for the area of interest. The selection 

of 4% or more as the definition of a major contributing state was based on available contribution 

information, which showed: (1) a 4% threshold is sufficient to capture most of the total impact at 

key monitoring sites in eastern nonattainment areas, and (2) a 4% threshold results in a 

manageable number of states, which is important for a successful planning process, yet 

includes the necessary states specific to each residual nonattainment area. These focused, 

manageable state-led planning efforts will produce air quality benefits farther downwind as well, 

assisting farther downwind nonattainment areas in achieving the NAAQS. Specific justification 

is summarized below.

The regional air quality modeling conducted by the State Collaborative was reviewed to 

determine state and source region contributions. From a regional perspective, the home region 

is the dominant contributor – see Figure 3. From an individual state perspective, states with a 

4% or more contribution make-up a large portion (70-80%) of the total concentration in the 

areas of interest – see Table 4.

Figure 3. Source region contributions for ozone PM2.5-annual, and PM2.5-daily based on 20-30 

select (high concentration) monitors
September 10, 2009

12

Table 4. Average (%) state-level contributions for 20-30 select monitors

InStateOutState Total Out-of-state Contribution

1% 2% 3% 4% 5% 1% 2% 3% 4% 5%

PM2.5-Annual

2005 40 60 94 86 77 71 67 89 75 58 50 42

2012 43 57 94 85 77 72 68 89 72 58 49 42

PM2.5-Daily

2005 38 62 95 89 83 78 75 91 82 71 63 57

2012 43 57 95 90 83 78 74 91 81 70 60 52

Ozone

2005 25 75 93 83 76 69 64 90 77 66 57 50

2012 26 74 92 84 78 71 66 93 78 68 59 52

Additional information on which states are important contributors to nonattainment problems is 

available from analyses of measurement data:

• Back trajectory analyses were generated by LADCO based on 2003 ozone air quality 

data for select locations in the eastern half of the U.S. Example results are 

presented in Figure 4. These contour plots are based on 72-hour, concentrationweighted back trajectories for a 500 m release height and noon start time. Upwind 

areas most associated with higher concentrations reflect darker red shading. 

Consistent with the modeling, higher concentrations are associated with the home 

states and nearby neighboring states (e.g., for Chicago, important upwind areas 

include IL, IN, and MO; and for Baltimore, MD, PA, VA, WV, and OH). Note, the 

plots are meant to be more qualitative than quantitative, and should not be overanalyzed to yield individual state contributions.

• Maryland Department of Environment recently presented a conceptual model of 

ozone formation and transport in the Northeast (Maryland Department of the 

Environment, 2009, and NESCAUM, 2006). The conceptual model identifies multiple 

transport features, including long-range transport (from sources to the south and 

west of the OTR), regional-scale transport within the OTR from channeled flows in 

nocturnal low-level jets, and local-scale transport along coastal shores due to sea 

and lake breezes. Evidence of an aloft ozone reservoir is based on aloft aircraft 

measurements and higher altitude monitoring sites. An educated estimated of the 

relative impacts for Baltimore suggests 30-40% from westerly transport, 10-20% from 

southerly nocturnal low-level jets, 10-20% from city-to-city local transport, and 10-

20% local. These estimates generally agree with the regional modeling-based 

source apportionment, which ascribes 30-40% from states to the west (mostly, VA, 

WV, and PA), 20-30% from MD, 5-10% from states to the south, and 20% from 

background.
September 10, 2009

13

 

Figure 4. Contour plots of back trajectories for high concentration days for Chicago (upper left), Boston (upper right, Baltimore (lower 

left), and Richmond (lower right)

Note: the plots are meant to be more qualitative than quantitative and do not reflect specific individual state contributions.
September 10, 2009

14

• Preliminary analysis of aircraft data during the August 2003 blackout period in the 

Northeast was conducted by the University of Maryland (Marufu, et al, 2004). 

Comparison of aircraft spirals over central PA on August 15, 2003 and August 4, 

2002 indicate aloft ozone about 50% lower and surface ozone about 38 ppb lower. 

The limited nature of this analysis (e.g., comparison of only two days) suggests the 

need for a more rigorous analysis. LADCO intends to examine further this event by 

conducting ambient data analyses (e.g., back trajectories) and applying a regional air 

quality model. Source apportionment methods (trajectory-based and model-based) 

will be used to determine the relative source sector contributions. The results of this 

analysis will be provided to EPA later this year. We believe this analysis will provide 

useful information on the effect of a large reduction in EGU emissions on air quality 

concentrations, and on the model’s ability to simulate transport in the eastern U.S.

• Over a period from 1987 to 2003, LADCO sponsored the collection of aloft (aircraft) 

data for ozone, ozone precursors, and PM chemical species (2002-2003 only). An 

overview of the data, along with limited analyses, is presented in “Data Processing 

and Analysis of Aloft Air Quality Data Collected in the Upper Midwest”, prepared for 

LADCO by Sonoma Technology, Inc.., August 5, 2004. Based on a case study 

analysis of the August 13-20, 2003, period, which included the blackout event noted 

above, key findings included: (1) background ozone levels (i.e., air entering the 

LADCO region) were usually about 60-70 ppb, (2) these background levels were 

lower than those observed in the 1991 LMOS field program when boundary 

conditions were about 70-100 ppb during episodes, and (3) local contributions were 

generally on the order of 20-40 ppb (and as high as 60 ppb). Furthermore the report 

stated that “it is not clear from this analysis whether the shutdown of power plants 

had any influence on air quality in the Midwest.”

The regional air quality modeling conducted by the State Collaborative was also reviewed to 

determine which states contribute at different threshold levels – 1%, 2%, 3%, 4%, and 5% of the 

NAAQS. Tables 5 – 7 summarize the states which contribute to the areas of interest for PM2.5-

annual, PM2.5-daily, and ozone. (Note, Table 8 includes a representative set of ozone areas of 

interest relative to the 75 ppb NAAQS.) The tables show that the number of 4% or more states 

is generally on the order of 3-4, while the number 1% or more states is 10-15. This shows that 

a threshold on the order of 4% will provide for a manageable number of states, which is 

important for a successful planning effort.
September 10, 2009

15

Table 5. Areas of interest and contributing states (at different thresholds) for PM2.5-annual

>0.15 ug/m3 >0.30 >0.45 >0.60 >0.75

Southeast

* Atlanta, GA IN, OH, AL, GA. 

SC, NC, TN, KY

AL, GA, SC, TN AL, GA GA GA

* Macon, GA (M) IN, OH, AL, GA, 

FL, SC, NC, TN, 

KY, VA

AL, GA, SC, NC GA GA GA

Midwest

* Cleveland, OH IL, IN, MI, OH, WI, 

KY, WV, PA, NY, 

CAN

IL, IN, MI, OH, WV, 

PA, CAN

IN, MI, OH, PA, 

CAN

MI, OH, PA, CAN MI, OH, PA, CAN

* Detroit, MI IL, IN, MI, OH, WI, 

IA, MN, MO, KY, 

WV, PA, NY, CAN

IL, IN, MI, OH, WI, 

PA, CAN

IL, IN, MI, OH, 

CAN

IN, MI, OH, CAN MI, OH, CAN

* Granite City, IL IL, IN, OH, MI, WI, 

IA, MN, MO, TN, 

KY

IL, IN, MI, IA, MO IL, IN, MO IL, MO IL, MO

* Cincinnati, OH (M) IL, IN, MI, OH, WI, 

IA, MO, TN, KY, 

WV, PA, CAN

IL, IN, MI, OH, KY IL, IN, MI, OH, KY IN,OH, KY IN, OH, KY

* Chicago, IL (M) IL, IN, MI. OH, WI, 

IA, MN, MO, KY, 

CAN

IL, IN, MI, OH, WI, 

IA, MO

IL, IN, MI, WI IL, IN, MI, WI IL, IN, MI, WI

* Indianapolis, IN (M) IL, IN, MI. OH, WI, 

IA, MN, MO, TN, 

WV, PA, KY, CAN

IL, IN, MI, OH, WI, 

MO, KY

IL, IN, MI, OH, KY IL, IN, MI, OH, KY IL, IN, OH

Northeast

* Liberty-Clairton, PA IL, IN, MI, OH, WI, 

KY, WV, VA, PA, 

NY,CAN

IN, OH, MI, KY, 

WV, PA, CAN

MI, OH, WV, PA OH, WV, PA OH, WV, PA

* New York, NY OH, MI, VA, MD, 

PA, NY, NJ, CT/RI, 

MA, CAN

PA, NY, NJ, CAN PA, NY, NJ PA, NY, NJ PA, NY, NJ
September 10, 2009

16

Table 6. Areas of interest and contributing states (at different thresholds) for PM2.5-daily

>0.35 ug/m3 >0.75 >1.05 >1.5 >1.75

Southeast

* Birmingham, AL 

(M)

IN, OH, GA, SC, 

NC, TN, KY, VA, 

WV, PA, NY

IN, OH, GA, TN, 

KY, VA, WV, PA

OH, GA, TN, KY, 

WV, PA

OH, GA, TN, KY, 

WV, PA

OH, GA, KY, WV, 

PA

Midwest

* Chicago, IL IL, IN, MI. OH, WI, 

IA, MO, KY, PA, 

CAN

IL, IN, MI, OH, WI, 

IA, MO, KY

IL, IN, MI, OH, WI, 

MO

IL, IN, MI IL, IN, MI

* Cleveland, OH IL, IN, MI, OH, WI, 

KY, WV, PA, NY, 

CAN

IN, MI, OH, PA, 

NY, CAN

IN, MI, OH, PA, 

CAN

MI, OH, PA, CAN MI, OH, PA, CAN

* Detroit, MI IL, IN, MI. OH, WI, 

IA, MO,TN, KY, 

WV, PA, NY, CAN

IL, IN, MI, OH, KY, 

PA, CAN

IL, IN, MI, OH, KY, 

CAN

IL, IN, MI, OH, 

CAN

IN, MI, OH, CAN

* Milwaukee, WI IL, IN, MI, OH, WI, 

IA, MN, MO, KY, 

CAN

IL, IN, MI, WI, IA, 

MN, MO

IL, IN, MI, WI IL, IN, MI, WI IL, WI

* Green Bay, WI IL, IN, MI, OH, WI, 

IA, MN, MO, KY, 

CAN

IL, IN, MI, WI, IA, 

MN, MO

IL, IN, MI, WI, IA, 

MN, MO

IL, MI, WI, IA IL, MI, WI, IA

* Granite City, IL (M) IL, IN, OH, MI. WI, 

IA, MN, ND, MO, 

PA, CAN

IL, IN, OH, MI, WI, 

IA, MN, MO

IL, IN, OH, MI, IA, 

MO

IL, MO IL, MO

* Muscatine, IA (M) IL, IN, OH, MI, WI, 

IA, MN, ND. WV. 

PA, CAN

IL, IN, MI, OH, WI, 

IA, MN, MO

IL, IN, MI, WI, IA, 

MN, MO

IL, IN, MI, WI, IA, 

MN

IL, IN, MI, WI, IA, 

MN

Northeast

* Baltimore, MD IN, OH, NC, VA, 

WV, MD, DE, PA, 

NY, NJ, KY, CT/RI, 

MA, CAN

OH, VA, WV, MD, 

PA, NY, NJ

VA, MD, PA, NY, 

NJ 

VA, MD, PA, NY VA, MD, PA

* Lancaster, PA IN, MI, OH, NC, 

VA, WV, MD, DE, 

PA, NY, NJ, CT/RI, 

MA, CAN

OH, VA, MD, PA, 

NY, NJ

VA, MD, PA, NY, 

NJ

VA, MD, PA, NY, 

NJ

MD, PA, NY

* Liberty-Clairton, PA IL, IN, MI, OH, KY, 

WV, PA, NY, VA,

MD, CAN

IN, MI, OH, KY, 

WV, PA, NY

OH, KY, WV, PA OH, WV, PA OH, WV, PA

* New York, NY IN, MI, OH, VA, 

WV, MD, PA, NY, 

NJ, MA, CT/RI, DE, 

NC, CAN

OH, VA, MD, PA, 

NY, NJ, MA, CT/RI

PA, NY, NJ PA, NY, NJ PA, NY, NJ
September 10, 2009

17

Table 7. Areas of interest and contributing states (at different thresholds) for ozone

>0.85 ppb >1.70 >2.55 >3.40 >4.25

Southeast

* Atlanta, GA AL, MS, GA, FL, 

SC, NC, TN, KY, 

VA

AL, GA, SC, NC, 

TN

AL, GA, SC, TN AL, GA AL, GA

* Charlotte, NC IN, OH, AL, GA, 

SC, NC, TN, KY, 

VA. WV

SC, NC, TN, KY, 

VA

SC, NC, TN, VA SC, NC, TN, VA SC, NC

Midwest

* Chicago, IL 

(Kenosha, WI)

IL, IN, OH, MI, WI, 

MO, KY, WV, 

CAN

IL, IN, MI, OH, WI, 

MO, KY, CAN

IL, IN, MI, OH, WI, 

MO, KY

IL, IN, MI, WI, MO IL, IN

* Holland, MI IL, IN, OH, MI, WI, 

IA, MO, TN, KY, 

PA, CAN

IL, IN, OH, MI, WI, 

MO

IL, IN, MI, WI, MO IL, IN, MI, WI, MO IL, IN, MI, MO

* St. Louis, MO IL, IN, OH, MI, 

MO, MS, KY, TN, 

IA

IL, IN, OH, MO, 

TN, KY

IL, IN, MO, KY IL, IN, MO IL, MO

* Cleveland, OH IL, IN, OH, MI, 

MO, TN, KY, VA, 

WV, PA, NY, CAN

IL, IN, OH, MI, 

KY, PA, CAN

IL, IN, OH, MI, 

KY, PA, CAN

IN, OH, MI, KY, 

PA, CAN

IN, OH, MI, PA

* Cincinnati, OH

 (Campbell, KY)

IL, IN, MI, OH, 

MO, TN, KY WV, 

PA, CAN

IL, IN, OH, MO, 

TN, KY

IL, IN, OH, TN, KY OH, KY OH, KY

* Sheboygan, WI IL, IN, OH, MI, WI, 

MO, TN, KY, VA, 

WV, PA, CAN

IL, IN, OH MI, WI, 

MO, KY

IL, IN, OH, MI, WI, 

MO, KY

IL, IN, MI, WI IL, IN, WI

Northeast

* Washington, DC IN, OH, MI, NC, 

KY, VA, WV, MD, 

PA, NJ, NY, CAN

OH, NC, VA, WV, 

MD, PA, NY

OH, VA, WV, MD, 

PA

OH, VA, MD, PA VA, MD, PA

* Baltimore, MD IN, OH, MI, NC, 

TN, KY, VA, 

WWV, MO, PA, 

NJ, NY, CAN

OH, KY, VA, WV, 

MD, PA, NY

OH, VA, WV, MD, 

PA

VA, WV, MD, PA VA, MD, PA

* Philadelphia, PA IL, IN, OH, MI, 

NC, KY, VA, WV, 

MD, DE, PA, NJ, 

NY, CAN

OH, VA, MD, WV, 

PA, NJ, NY, CAN

MD, DE, PA, NJ, 

NY

NY, PA, NJ NY, PA, NJ

* Springfield, MA OH, NC, KY, VA, 

WV, MD, PA, NJ, 

NY, CT/RI, MA, 

CAN

OH, NC, VA, MD, 

PA, NJ, NY, 

CT/RI, MA, CAN

MD, VA, PA, NJ, 

NY, CT/RI, MA

VA, PA, NJ, NY, 

CT/RI, MA

PA, NJ, NY, 

CT/RI, MA

* Greater 

Connecticut

OH, NC, KY, VA, 

WV, MD, PA, NJ, 

NY, CT/RI, MA, 

CAN

OH, NC, VA, MD, 

PA, NJ, NY, 

CT/RI, CAN

VA, NC, PA, NJ, 

NY, CT/RI

VA, PA, NJ, NY, 

CT/RI

PA, NJ, NY, CT/RI 

* New York, NY

 (Danbury, CT)

IN, OH, NC, KY, 

VA, WV, MD, PA, 

NJ, NY, CT/RI, 

CAN

OH, NC, VA, MD, 

PA, NJ, NY, 

CT/RI, CAN

VA, PA, NJ, NY, 

CT/RI

VA, PA, NJ, NY, 

CT/RI

PA, NJ, NY, CT/RI 
September 10, 2009

18

References

Cox, W.M. and S.H.Chu, 1993, “Meteorologically Adjusted Ozone Trends in Urban Areas: A 

Probabilistic Approach”, Atmospheric Environment 27B(4):424-434 (1993).

Marufu, L.T., B.F. Taubman, B. Bloomer, C.A. Piety, B.G. Doddridge, J.W. Sther, and R.R. 

Dickerson, 2004, “The 2003 North American electrical blackout: An accidental experiment in 

atmospheric chemistry”, Geophysical Research Letters, Vol, 31, L13106, 2004.

Maryland Department of the Environment, 2009, “Where does the air pollution in the OTR come 

from and what do we need to do to fix it?”, PowerPoint presentation from the June 9 and 10, 

2009 Annual OTC Meeting.

“Regional Modeling for the Eastern U.S.: Technical Support Document”, July 9, 2009, State 

Collaborative Modeling Workgroup.

NESCAUM, 2006, “The Nature of the Ozone Air Quality Problem in the Ozone Transport 

Region: A Conceptual Description”, prepared for the OTC by NESCAUM, October 2006.

STI, 2004, “Data Processing and Analysis of Aloft Air Quality Data Collected in the Upper 

Midwest”, prepared for LADCO by Sonoma Technology, Inc.., August 5, 2004
September 10, 2009

19

Attachment I

State-Level Analysis of Achievable EGU Emission Rates in the LADCO Region

Illinois – see State of Illinois’ Multi-Pollutant Standard/Combined Pollutant Standard (Illinois 

Mercury Rule, 35 Ill. Adm. Code Part 225)

Indiana – copy attached

Michigan

Ohio – copy attached

Wisconsin – copy attached
September 10, 2009

20

Indiana Analysis

SO2

1. Incorporated changes/controls that occurred or are projected to occur between the baseline 

year and the year 2013. Due to the timing of the controls that were installed between the years 

2005 and the year 2008, 2005 was chosen the base year for analysis to capture the effect of 

controls installed. One power plant is projected to switch to IGCC and three coal-fired units are 

projected to shutdown. During this time, interval scrubbers were installed on several units and 

the scrubbers on several units were upgraded. Several more controls are projected to be 

installed.

2. By the year 2015, several pre-2005 with reported efficiencies less than 95% were assumed to 

be upgraded to 95%.

3. By the year 2017, new scrubbers were installed on units in order of their capacities and 

emissions. Units >100 MW were considered for installation and an efficiency equal to 95% or a

floor rate equal to 0.06 lb/MMBtu was assumed. The projected emission rates are given below:

Year Emission rate (lb/MMBtu)

2005 1.31

2006 1.27

2007 1.08

2008 0.93

2013 0.67

2015 0.68

2017 0.25 

NOx

1. Incorporated changes/controls that occurred or are projected to occur between the baseline 

year and the year 2013. The year 2008 was chosen as the base year for analysis. One power 

plant is projected to switch to IGCC and three coal-fired units are projected to shutdown. 

SNCRs are projected to be installed on three units.

2. In the year 2014, existing post-combustion controls were assumed to begin year round 

operation. Emission rates equal to 0.25 lb/MMBtu for SNCRs and 0.06 lb/MMBtu were 

assumed. 

3. In the year 2015, low capital cost controls were applied. SNCRs were considered for units 

<200 MW at an efficiency equal to 35% or at a floor rate equal to 0.25 lb/MMBtu. Controls were 

installed on units in order of their capacities and emissions. 

4. In the year 2017, SCRs on units >200 MW at a control efficiency equal to 90% or at a floor 

emission rate equal to 0.06 lb/MMBtu were applied. Controls were installed on units in order of 

their capacities and emissions. The projected emissions are given below: 
September 10, 2009

21

 

Year Emission rate (lb/MMBtu)

2008 0.305

2013 0.297

2014 0.171

2015 0.165

2017 0.114
September 10, 2009

22

Ohio Analysis2

• Incorporated reductions in rates based upon in the pipes controls that are locked in by 

the companies based on company provided schedule.

SO2

o If consent decree required retire, retrofit or repower in the future we assumed a 

retrofit level of control would be applied.

• Incorporated additional control requirements for units where the company has not 

indicated future control:

o Required scrubbers installed by 2017.

o Required optimization by 2014 if it was to meet 95% or by 2017 if it was to 

achieve greater than 95% efficiency based on 2008 base year.

• Required continuous operation for all controls upon installation or by 2015-2017 

(assessed on unit-by-unit basis).

• Applied rates of 0.20 for scrubbers which would equate to approximately 97+% control 

for higher sulfur coals or 95% control for blends.

o This rate was still applied to sources currently controlled whose baseline rates 

were below 0.20 in 2008 to provide a safety margin so that coal use would not be 

limited.

o This rate was also applied to sources currently controlled whose baseline rates 

were above 0.20 in 2008 but we had reason to believe optimization is realistic. 

See next bullet for exception.

• Applied rates of 0.25 to known high sulfur units based upon factors such as: company 

indications of continuing to use high sulfur coals, recently installed scrubbers, company 

indications of 95% efficiencies during 2007 and 2008, etc.

• Applied rates of 0.30 to two small units currently controlled (120 MW each) with known 

higher rates.

• Did not require control on the following units based upon size and fuel use 

characteristics. However, required these sources to maintain use of lower S coal/blends 

or begin use of lower S coal/blends. This was a unit-by-unit analysis of 2008 base year 

rates, S content used and company indications of future coal use:

o Four units at 100 MW and below – no changes.

 2 This identifies the methodology that was used to arrive at interim and final 2017 rates. Use of 

terminology such as “required” does not imply these exact strategies and cutoffs will be used to 

implement said rates.
September 10, 2009

23

NOx

• Incorporated reductions in rates based upon in the pipes controls that are locked in by 

the companies based on company provided schedule.

o If consent decree required retire, retrofit or repower in the future we assumed a 

retrofit level of control would be applied.

• Incorporated additional control requirements for units where the company has not 

indicated future control:

o Required SCR or SNCR installed by 2017.

 SCR required for sources roughly greater than 250 MW. Assumed a 0.08 

rate could be achieved (assessed on unit-by-unit basis).

• This rate was still applied to sources currently controlled whose 

baseline rates were below 0.08 in 2008 to provide a safety margin.

• This rate was also applied to sources currently controlled whose 

baseline rates were above 0.09 in 2008 but we had reason to 

believe optimization is realistic. 

• This required some sources to upgrade from SNCR to SCR.

 SNCR required for sources roughly between 130 and 250 MW. Assumed 

50% reduction in rate over base year. Rates ranged from 0.11 to 0.25 

(higher end rare).

• Required low NOx burners by 2015 for those missing regardless of size (assumed 30% 

reduction over base year).

• Required optimization by 2014 of existing controls where it appeared realistic (assessed 

on unit-by-unit basis).

• Required continuous operation for all controls upon installation or by 2015-2017 

(assessed on unit-by-unit basis).

• Did not require SCR or SNCR on units roughly at 150 MW or below (assessed on unitby-unit basis).
September 10, 2009

24

The following rates achieved applying the above, through the requested years, is outlined 

below:

NOx 

(annual/ozone)

Year Illinois Indiana Michigan Ohio Wisconsin

2008 0.36/0.19

2013 0.24/0.17

2014 0.18/0.16

2015 0.17/0.16

2017 0.12/0.115

SO2

Year Illinois Indiana Michigan Ohio Wisconsin

2008 1.09

2013 0.75

2014 0.65

2015 0.65

2017 0.256

The table below summarizes the number of controls assumed over time:

2008 2013 2014 2015 2017

#

total MW 

controlled

% total 

MW #

total MW 

controlled

% total 

MW #

total MW 

controlled

% total 

MW #

total MW 

controlled

% total 

MW #

total MW 

controlled

% total 

MW

SCR 19 11274 51% 25 13751 63% 26 14422 66% 27 14731 67% 34 17173 78%

SNCR 15 4335 20% 11 2823 13% 11 2823 13% 11 2823 13% 14 2737 12%

FGD 16 10049 46% 25 12636 58% 33 15261 70% 33 15261 70% 56 20933 95%
September 10, 2009

25

Wisconsin Analysis

SOx (lbs/mmBtu)

2008 2013 2014 2015 2017 2017

Existing In Pipeline

Improve 

existing 

controls

Controls 

without major 

investment

With available 

FGD High Control

State Average (approved CAs) 0.57 0.39 0.39 0.25 0.16 0.16

Large Utilities

2013 Base (approved CAs) 0.23 - 0.93 0.12 - 0.77 0.12 - 0.77 0.12 - 0.77 0.12 - 0.26 0.12 - 0.26

2013 Base (w/ pending CAs) 0.26 - 0.77 0.12 - 0.59 0.12 - 0.59 0.12 - 0.43 0.06 - 0.16 0.03 - 0.07

Small Utilities

2013 Base (approved CAs) 0.41 - 2.18 0.00 - 0.53 0.00 - 0.53 0.00 - 0.17 0.00 - 0.17 0.00 - 0.17

notes

1) Dry FGD (95% efficiency) control assumed for many utilities, due to small unit sizes at plant sites and/or timing constraints. 

2) This is a "best case" analysis using FGD technology. Alternative controls - such as lime injection or substituting more low-sulfur coal - may be 

used in practice at some utilities in order to avoid deep controls, but still be below 0.25 #/MMBtu.

NOx (lbs/mmBtu)

2008 2013 2014 2015 2017 2017

Existing In Pipeline

Improve 

existing 

controls

Controls 

without major 

investment

With available 

SCR High Control*

State Average (approved CAs) 0.21 0.13 0.12 0.10 0.09 0.07

Large Utilities

2013 Base (approved CAs) 0.13 - 0.36 0.08 - 0.24 0.08 - 0.24 0.08 - 0.14 0.08 - 0.10 0.06 - 0.09

2013 Base (pending CAs) / Possible 0.13 - 0.36 0.08 - 0.15 0.07 - 0.15 0.07 - 0.13 0.07 - 0.09 0.05 - 0.06

Small Utilities 0.19 - 0.55 0.06 - 0.25 0.06 - 0.25 0.06 - 0.2 0.06 - 0.2 0.06 - 0.2
September 10, 2009

26

notes

1) "CA" - Certificate of Authorization

2) Controls without major investment include combustion modifications, LNBs, and SNCR

3) The 2015 control levels reflect the WeEnergies consent decree, NOx RACT, and approved CAs for major controls.

4) The schedule for installing SCRs is built around the schedule for installing dFGDs.

5) Accommodating an SCR installation in the needed timeframe may require altering the schedule for a major 

outage which occurs every 5 to 10 years. An SCR tie-in usually requires major outage as it impacts existing 

ductwork in typically restricted space as compared to dFGD.

6) The default control for SCR is 0.06 lbs/mmbtu to reflect average accounting for less efficient operation during winter to 

prevent ammonium sulfate buildup.

7) "*" - Reflects pushing SCR control to 90% control on a year-round basis

8) "Possible" - This case addresses a potentially accelerated schedule for SCR installations
The State of New Jersey 

Department of Environmental Protection 

Certification 

For Meeting the Infrastructure Requirements 

in the Clean Air Act 

for 

35 μg/m3 24-Hour (2006) Fine Particulate Matter National 

Ambient Air Quality Standard 

Appendix E: New Jersey’s Significant Contribution Analysis 

to Meet Section 110(a)(2)(D)(i) 

 January 2010
1

Appendix E: New Jersey’s Significant Contribution Analysis to Meet Section 

110(a)(2)(D)(i) 

A. Interstate Transport of Air Pollution – 42 U.S.C. § 7410(a)(2)(D)(i) (Section 

110(a)(2)(D))(i) 

i. Section 110(a)(2)(D)(i) 

42 U.S.C. § 7410(a)(2)(D) (Section 110(a)(2)(D)) requires states to include provisions 

prohibiting any source or other type of emissions activity in one state from: 

1) Contributing significantly to nonattainment of the National Ambient Air Quality 

Standard (NAAQS) for areas in another state or interfere with the maintenance of 

the NAAQS in another state; 

2) Interfere with measures required to meet the implementation plan for any other 

state related to Prevention of Significant Deterioration (PSD); or, 

3) Interfere with measures required to meet the implementation plan for any other 

state related to Regional Haze and Visibility. 

 

In order to address interstate pollution, New Jersey coordinates with the nearby states on regional 

control measures as part of planning organizations, such as the Ozone Transport Commission 

(OTC), Northeast States for Coordinated Air Use Management (NESCAUM), MidAtlantic/Northeast-Visibility Union (MANE-VU), and Mid-Atlantic Regional Air Management 

Association (MARAMA). New Jersey will continue to work regionally through these 

organizations. 

To meet the interstate transport provisions for the 1997 8-hour ozone and the 1997 PM2.5

NAAQS, the USEPA allowed the states to rely on the Clean Air Interstate Rule (CAIR).1 The 

U.S. Court of Appeals determined the CAIR does not meet this obligation and remanded the rule 

back to the USEPA.2 As the United States Environmental Protection Agency (USEPA) works to 

develop a replacement rule for the CAIR, the states in the eastern United States have been 

working together to develop recommendations to the USEPA regarding the replacement rule, 

including the issues of upwind transport and addressing Section 110(a)(2)(D)(i). This effort is 

commonly referred to as the ‘State Collaborative’ (materials produced from this effort are 

included in Appendix D). On September 2, 2009, 17 states within the Ozone Transport 

Commission and the Lake Michigan Area Directors Consortium (LADCO) submitted a letter 

(see Appendix D) to the USEPA containing recommendations for the USEPA to consider as it 

develops the CAIR replacement rule. The recommendations follow through on the commitment 

made by these states in the March 9, 2009 Framework Document, contained in Appendix D, to 

 

1

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding 

Obligations Under Sections 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 National Ambient Air Quality 

Standards. United States Environmental Protection Agency,” August 15, 2006.

2

 The Federal CAIR program, as established in the Federal rules, was vacated by the U.S. Court of Appeals for the 

District of Columbia Circuit on July 11, 2008 (State of North Carolina v. Environmental Protection Agency, supra). 

On December 23, 2008, the court remanded the CAIR to the USEPA without vacatur of CAIR “so that EPA may 

remedy CAIR’s flaws in accordance with” the court’s July 2008 opinion vacating CAIR. 
2

work together to address the transport requirements of Section 110(a)(2)(D) of the Clean Air 

Act, and to attain the ozone and PM2.5 NAAQS. Based on the State Collaborative work and past 

USEPA practice, New Jersey determines that a state significantly contributes to a downwind 

state if its contribution is one percent (1%) or greater of the applicable NAAQS. In this case, one 

percent (1%) of the 24-hour (2006) PM2.5 NAAQS is 0.35 μg/m3

. In developing the CAIR, the 

USEPA used a similar threshold. New Jersey uses a weight-of-evidence approach combining 

several analyses in this SIP revision to determine significant contributions. 

1) New Jersey’s Significant Contributions to Other States 

a) Contributing Significantly to a Nonattainment Area or Interference with the 

Maintenance of the NAAQS in Another State 

According to the USEPA’s 2009 guidance, a state’s conclusion regarding its impact on 

nonattainment and maintenance of the NAAQS in any other state must be supported by 

“adequate technical analysis.”3

 In order to assess New Jersey’s significant contributions to the 

downwind nonattainment or maintenance areas of the 24-hour PM2.5 NAAQS in other states, 

four main modeling analyses are used: CAIR (PM2.5 and ozone), NOx SIP Call, Regional Haze, 

and the State Collaborative. New Jersey is using the best data available at this time to determine 

its impact on other states. An explanation of each analysis and how it demonstrates New 

Jersey’s contributions are provided in this section. 

PM2.5 CAIR Analysis

In its March 2005 analysis in support of the CAIR,4 the USEPA used a criterion of 0.2 μg/m3 for 

determining whether sulfur dioxide (SO2) and oxides of nitrogen (NOx) emissions in a state make 

a significant contribution to PM2.5 nonattainment in another state. Rounding the value of 0.15, 

the nearest single digit corresponding to about one percent (1%) of the annual PM2.5 NAAQS is 

0.2 μg/m3

.

5

 The data used in this analysis were for the annual PM2.5 standard. The results of the 

CAIR analysis demonstrated that New Jersey is not a significant contributor to PM2.5

nonattainment, for the 15 μg/m3

 annual NAAQS, in any other state (because its transported 

contribution of PM2.5 is less than 0.2 μg/m3). 

In a separate rulemaking on April 28, 2006,6

 the USEPA included Delaware and New Jersey in 

the CAIR for PM2.5, based on its assessment that, when combined, New Jersey and Delaware 

contribute significantly to a downwind state’s nonattainment of the annual 15 μg/m3 PM2.5

NAAQS. Air quality modeling performed to determine the contribution from the projected 2010 

SO2 and NOx emissions in Delaware and New Jersey combined to PM2.5 nonattainment in 

 

3

 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C).

4

 USEPA. Technical Support Document for the Final Clean Air Interstate Rule Air Quality Modeling, Air Quality 

Modeling Analyses – VII: Modeling to Assess Interstate PM2.5 Contributions. United States Environmental 

Protection Agency Office of Air Quality Planning and Standards, Research Triangle Park, NC, March 2005. 5

 70 Fed. Reg. 25191 (May 12, 2005). 6

 71 Fed. Reg. 25288 (April 28, 2006). 
3

downwind states, showed that the largest contribution from Delaware and New Jersey was 0.23 

μg/m3 to PM2.5 nonattainment in New York County, New York (Manhattan in New York City).7

 

This amount exceeded the USEPA’s PM2.5 significance criterion of 0.2 μg/m3. 

Ozone Modeling Analyses

For the purpose here, ozone will be used as a surrogate transported pollutant for PM2.5 since NOx

(i.e., nitrates) are precursors to PM2.5. The transport of the nitrates is occurring with the transport 

of ground-level ozone and PM2.5. Thus, reducing NOx in New Jersey will also reduce the 

formation and transport of PM2.5. The results of the 8-hour ozone CAIR and the NOx SIP Call 

modeling analyses are applied here to assess New Jersey’s PM2.5 contribution to the 

nonattainment and attainment/maintenance of the PM2.5 NAAQS in other states. 

8-Hour Ozone CAIR 

In order to quantify a state’s contribution to downwind 8-hour ozone nonattainment to support 

controls required under the USEPA’s CAIR, air quality modeling for ozone was conducted by 

the USEPA using the Comprehensive Air Quality Model with Extensions (CAMx), version 

3.10.8

 CAMx is a non-proprietary computer model that simulates the formation and fate of 

photochemical oxidants including ozone for an input set of meteorological conditions and 

emissions. CAMx also contains a source apportionment tool which is designed to attribute 

ozone concentrations predicted at a given set of receptors to emissions from individual source 

areas, as specified by the user. 

These air quality modeling techniques, i.e., zero-out and source apportionment, were used to 

assess the impact of each upwind State’s entire inventory of NOx and VOC emissions on 

downwind nonattainment for 2010 and 2015.9 The USEPA determined that upwind NOx

emissions contribute significantly to 8-hour ozone nonattainment as of the year 2010. Therefore, 

the USEPA projected NOx emissions to the year 2010, assuming certain required controls (but 

not controls required under CAIR), and then modeled the impact of those projected emissions 

(termed the base case inventory) on downwind 8-hour ozone nonattainment in that year. 

Projected 8-hour ozone design values in 2010 and 2015 were estimated by combining the relative 

change in model predicted ozone from 2001 to the future scenario with an estimate of the base 

year ambient 8-hour ozone design value.10 Emissions from an upwind State contributed 

significantly to 8-hour ozone nonattainment if the maximum contribution was at least 2 parts per 

billion (ppb), the average contribution was greater than one percent, and certain other numerical 

criteria were met.11 The USEPA determined that as of 2010, 25 upwind States and the District of 

Columbia will have contributions to downwind nonattainment areas that are sufficiently high to 

meet the air quality factor of the transport test. If the upwind State’s impact exceeded these 

 

7

 Revised modeling based on comments received by the USEPA changed the combined contribution of New Jersey 

and Delaware on downwind fine particulate matter nonattainment to 0.21 μg/m3

. 8

 USEPA. Technical Support Document for the Final Clean Air Interstate Rule Air Quality Modeling, Air Quality 

Modeling Analyses – VII: Modeling to Assess Interstate PM2.5 Contributions. United States Environmental 

Protection Agency Office of Air Quality Planning and Standards, Research Triangle Park, NC, March 2005. 9

 70 Fed. Reg. 25175 (May 12, 2005). 10 70 Fed. Reg. 25243 (May 12, 2005). 11 70 Fed. Reg. 25175 (May 12, 2005). 
4

thresholds, then the USEPA conducted a further evaluation to determine if the impact was high 

enough to meet the air quality portion of the “contribute significantly” standard.12 In doing so, 

the USEPA organized the outputs of the two modeling techniques into a set of “metrics.” The 

metrics reflect three key contribution factors: 

• The magnitude of the contribution (actual amount of ozone contributed by emissions in 

the upwind State to nonattainment in the downwind area); 

• The frequency of the contribution (how often contributions above certain thresholds 

occur); and 

• The relative amount of the contribution (the total ozone contributed by the upwind State 

compared to the total amount of nonattainment ozone in the downwind area). 

Based upon these criteria, the USEPA concluded that New Jersey significantly contributes to 8-

hour ozone nonattainment in four (4) states, as listed in Table E1.13,14 This table does not include 

all of the USEPA’s criteria to determine significant contributions. The counties listed under 

“Other Contributions” in Table E1 that show New Jersey’s contribution is equal to or greater 

than one percent to 8-hour ozone nonattainment were determined by the USEPA to not have a 

significant link to New Jersey. Thus, New Jersey did not include those states in its determination 

of significant contributions for interstate transport of PM2.5. 

 

12 70 Fed. Reg. 25191 (May 12, 2005). 13 70 Fed. Reg. 25249 (May 12, 2005). 14 USEPA. Technical Support Document for the Final Clean Air Interstate Rule Air Quality Modeling, Air Quality 

Modeling Analyses – VII: Modeling to Assess Interstate PM2.5 Contributions. United States Environmental 

Protection Agency Office of Air Quality Planning and Standards, Research Triangle Park, NC, March 2005. 
5

Table E1: New Jersey’s Contributions to Projected 2010 8-Hour Ozone Nonattainment in 

Downwind Areas as Demonstrated by the 8-Hour Ozone CAIR Modeling Analysis 

State County 2010 8-Hour Ozone 

Base (ppb)

Percent of 8-Hour

Ozone due to

Transport

2010 NJ Maximum 

8-hr ppb 

Contribution1

Percent NJ 

Contribution

Significant Contributions

Connecticut Fairfield 92 80% 23 25% 

 Middlesex 90 93% 22 24% 

 New Haven 91 95% 23 25% 

New York Erie 87 37% 5 6% 

 Richmond 87 55% 52 60% 

 Suffolk 91 52% 39 43% 

 Westchester 85 56% 35 41% 

Pennsylvania Bucks 94 35% 27 29% 

 Chester 85 39% 15 18% 

 Montgomery 88 47% 11 13% 

 Philadelphia 90 55% 14 16% 

Rhode Island Kent 86 88% 18 21% 

Other Contributions

Delaware New Castle 85 37% 3 4% 

Georgia Fulton 86 24% 1 1% 

Maryland Anne Arundel 88 45% 1 1% 

 Cecil 89 35% 1 1% 

 Harford 93 31% 1 1% 

 Kent 86 47% 1 1% 

Michigan Macomb 85 43% 0 0% 

Ohio Geauga 87 47% 0 0% 

Texas Denton 87 N/A N/A N/A 

 Galveston 85 37% 0 0% 

 Harris 97 36% 0 0% 

 Jefferson 85 50% 0 0% 

 Tarrant 87 N/A N/A N/A 

Virginia Arlington 86 39% 0 0% 

 Fairfax 85 33% 2 2% 

Washington DC Washington DC 85 38% 1 1% 

Wisconsin Kenosha 91 37% 0 0% 

 Ozaukee 86 81% 0 0% 

 Sheboygan 88 74% 0 0% 

1. The maximum 8-hour ozone ppb contribution was only one metric from the USEPA's modeling analysis. Other criteria were 

met to make the final determination on significant contributions. 

2. Data obtained from the CAIR modeling TSD, Table VI-2. Percent contribution to 8-hour ozone nonattainment due to transport 

from upwind States. 
6

NOx SIP Call 

In 1998, the USEPA finalized a regulation (known as the NOx SIP Call) requiring 22 States and 

the District of Columbia to submit SIPs that address the regional transport of ground-level 

ozone.15 The plans required reducing emissions of NOx (a precursor to ozone formation as well 

as PM2.5), to decrease the transport of ozone across state boundaries in the eastern half of the 

United States. In the development of the NOx SIP Call, the USEPA performed a number of air 

quality analyses to support the multi-factor approach to identify upwind areas that contribute 

significantly to ozone nonattainment in downwind areas. 

For the modeling analyses conducted for the NOx SIP Call, the USEPA made a determination 

that “significant contribution” includes both air quality factors relating to amounts of upwind 

emissions and their ambient impact downwind, as well as cost factors relating to the costs of the 

upwind emission reductions.16 Full details on the modeling analyses can be found in the 

modeling technical support document (TSD).17 The additional modeling for the assessment of 

contributions consisted of State-by-State zero-out modeling using UAM-V (Variable Grid Urban 

Airshed Model) and State-by-State source apportionment modeling using the CAMx 

(Comprehensive Air Quality Model with Extensions) Anthropogenic Precursor Culpability 

Assessment (APCA) technique. The modeling results showed that New Jersey contains sources 

which significantly impact ozone nonattainment in the following downwind states: Connecticut, 

Maine, Massachusetts, New Hampshire, New York, Pennsylvania, and Rhode Island. The 

quantitative modeling results are summarized in Table E2. 

 

15 63 Fed. Reg. 57356 (October 28, 1998). 16 63 Fed. Reg. 57356 (October 28, 1998). 17 USEPA. Air Quality Modeling Technical Support Document for the Regional NOx SIP Call. Office of Air and 

Radiation, United States Environmental Protection Agency, September 23, 1998. 
7

Table E2: New Jersey’s Contributions to Ozone Nonattainment in Downwind States 

According to the NOx SIP Call Modeling Analyses1

Downwind 

State/Area 

Maximum 

Contribution 

(ppb) 

Highest 

Daily 

Average 

Contribution 

(ppb) 

Frequency of Contribution Relative Amount 

(% of total manmade 

ppb: 

≥ 125 ppb (1-hr) 

≥ 85 ppb (8-hr)) 

 1-hr 8-hr 1-hr 8-hr 1-hr 8-hr 1-hr 8-hr 

Western 

Massachusetts (1-hr) 

Massachusetts (8-hr) 

30 39 23 - 10 ppb to 

100% of 

exceedances 

10 ppb to 59% 

of exceedances 

16 16 

Boston, Massachusetts 42 - 25 - 5 ppb to 52% 

of exceedances 

- 7 - 

Greater Connecticut 

(1-hr) 

Connecticut (8-hr) 

62 54 45 30 10 ppb to 99% 

of exceedances 

10 ppb to 81% 

of exceedances 

26 23 

Portland, Maine (1-hr) 

Maine (8-hr) 

9 21 9 10 5 ppb to 39% 

of exceedances 

5 ppb to 48% of 

exceedances 

4 7 

Rhode Island 48 36 38 19 10 ppb to 

100% of 

exceedances 

10 ppb to 61% 

of exceedances 

30 20 (on the 

highest 

day) 

New Hampshire - 26 - - - 5 ppb to 45% of 

exceedances; 

10 ppb to 23% 

of exceedances 

- 9 

New York - 64 - 37 - 10 ppb to 81% 

of exceedances 

- 31 

Pennsylvania - 40 - 17 - 2 ppb to 5% of 

exceedances 

- 19 (on the 

highest 

day) 

1. This table was compiled using Appendices C and D in the United States Environmental Protection Agency’s report 

entitled, “Air Quality Modeling Technical Support Document for the Regional NOx SIP Call,” September 23, 1998. 

To summarize the ozone modeling analyses applied to New Jersey’s weight-of-evidence 

approach, ozone is being used as a surrogate transported pollutant for PM2.5 since NOx (i.e., 

nitrates) are precursors to PM2.5. The results of these analyses indicate that New Jersey impacts 

the air quality in Connecticut, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, 

and Rhode Island. 

Regional Haze Modeling Analysis

Visibility impairment caused by the collection of air pollutants (primarily PM2.5) emitted by 

sources over a broad geographic area is known as regional haze.18 Particulate matter is the major 

cause of reduced visibility in many parts of the United States. As part of the regional haze SIP19

coordination in the Northeastern United States, a regional assessment was conducted to establish 

 

18 64 Fed. Reg. 35714 (July 1, 1999). 19 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 
8

the baseline and natural visibility conditions at Class I20 areas, to identify the states which 

contribute to visibility impairment at Class I areas, and to establish the 2018 Reasonable 

Progress Goal. New Jersey relied upon the contribution assessment work performed for MANEVU by NESCAUM. NESCAUM used several techniques, rather than rely upon one single 

method, to assess which states contribute to visibility impairment in MANE-VU Class I areas. 

These techniques included: evaluating emission inventories, sulfur dioxide emissions divided by 

distance, emissions times upwind probability, the dispersion model CALPUFF, and the grid 

model Regulatory Modeling System for Aerosols and Deposition (REMSAD). A summary of 

those techniques is discussed in New Jersey’s regional haze SIP.21 Since the assessment for the 

visibility goals used only the Class I areas as the receptors, the analysis was only performed for 

seven (7) Class I areas in Maine, New Hampshire, New Jersey, Vermont, Virginia, and West 

Virginia. For example, since Connecticut does not have a Class I area, the impacts from New 

Jersey and other states were not evaluated. 

MANE-VU applied the following three criteria to identify states and regions for the purposes of 

consultation on regional haze: 

1. Any state/region that contributed 0.1 μg/m3

 sulfate or greater on the 20 percent worst visibility 

days in the base year (2002), 

2. Any state/region that contributed at least 2 percent of total sulfate observed on the 20 percent 

worst visibility days in 2002, and 

3. Any state/region among the top ten contributors on the 20 percent worst visibility days in 

2002. 

For the purposes of deciding how broadly to consult, the MANE-VU States settled on the second 

of the three criteria: any state/region that contributed at least 2 percent of total sulfate observed 

on the 20 percent worst visibility days in 2002.22 New Jersey did not meet the criteria and it was 

concluded to not significantly contribute to visibility impairment in any of the Class I areas 

identified. Table E3 summarizes New Jersey’s impact on the annual sulfate concentrations in 

these areas by analysis. 

 

20 Class I areas are defined as any national park larger than 6,000 acres in size, national wilderness areas or 

memorial parks greater than 5,000 acres in size, and all international parks which were in existence on August 7, 

1977. 

21 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 

22 Connecticut, Rhode Island, Vermont, and the District of Columbia were not identified as being among the 

political or regional units contributing at least 2 percent of sulfate at any of the seven Class I areas. However, as 

participants in MANE-VU, those entities have agreed to pursue adoption of regional control measures aimed at 

visibility improvement on the haziest days and prevention of visibility degradation on the clearest days. This is why 

MANE-VU states identified other MANE-VU states that did not contribute the 2 percent as contributing to them as 

MANE-VU members. 
9

Table E3: New Jersey’s Contributions by Percent (%) to the Annual Sulfate Concentration 

in Class I Areas by Analysis1

Class I Area

Modeling 

Analysis

Acadia, 

ME

Brigantine, 

NJ

Dolly 

Sods, 

WV

Great 

Gulf, 

NH

Lye 

Brook, 

VT

Moosehorn, 

ME

Shenandoah, 

VA

REMSAD (%) 1.40 4.04 0.27 0.89 1.44 1.03 0.48

Q/D2 (%) 0.76 4.22 0.43 3.11 0.75 0.48 1.82

CALPUFF3

(NWS4

Observations) 

(%)

0.98 3.37 0.28 0.63 0.67 0.75 0.52

CALPUFF 

(MM55

) (%)

0.97 3.60 NA NA 0.91 NA 0.49

Percent time 

upwind method 

(%)

1.02 6.01 0.99 1.39 0.78 0.49

1. Full details on the modeling analyses can be found at: MANE-VU. Contributions to Regional Haze in the Northeast 

and Mid-Atlantic: Mid-Atlantic/Northeast Visibility Union (MANE-VU) Contribution Assessment United States. 

Prepared by Northeast States for Coordinated Air Use Management (NESCAUM) for the Mid-Atlantic/Northeast 

Visibility Union (MANE-VU), August 2006. 

2. Q/D = Empirical emissions divided by distance approach 

3.CALPUFF = Lagrangian dispersion model developed by EarthTech, Inc. 

4. NWS = National Weather Service 

5.MM5 = Fifth Generation Mesoscale Model 

The full details of the modeling analyses listed can be found in the regional contribution 

assessment report.23 There is substantial consistency across a variety of analysis methods using 

techniques based on disparate chemical, meteorological, and physical principles. Taken 

together, these findings create a strong weight-of-evidence case for the preliminary identification 

of the most significant contributors to visibility impairment in the MANE-VU Class I areas. 

These findings are relevant to the 24-hour PM2.5 standards because PM2.5 is the primary 

component of regional haze as they suggest that an effective emissions management approach 

would rely heavily on broad-based regional SO2 control efforts in the eastern United States 

aimed at reducing summertime PM2.5 concentrations. 

The Regional Haze assessment concluded that New Jersey does not significantly contribute to 

visibility impairment, based on sulfate impacts, to the Class I areas in Maine, New Hampshire, 

Vermont, West Virginia, and Virginia. Maine, New Hampshire, and Vermont included New 

Jersey as a contributing state in their Regional Haze SIPs, based on an agreement that all 

MANE-VU states would be included as impacting MANE-VU Class I areas. 

 

23 MANE-VU. Contributions to Regional Haze in the Northeast and Mid-Atlantic: Mid-Atlantic/Northeast 

Visibility Union (MANE-VU) Contribution Assessment United States. Prepared by Northeast States for 

Coordinated Air Use Management (NESCAUM) for the Mid-Atlantic/Northeast Visibility Union (MANE-VU), 

August 2006. 
10

State Collaborative Modeling Analysis

The Midwestern, Mid-Atlantic, and Northeastern states agreed to work together to develop a 

framework to achieve the public health goals of the ozone and particulate matter standards in 

March 2009 (see Appendix D). Some of the Southeastern states also participated in the technical 

effort. This became known as the State Collaborative effort. A significant modeling effort was 

undertaken to support on-going State Collaborative policy discussions, estimate interstate 

impacts according to 42 U.S.C. § 7410(a)(2)(D)(i) (Section 110(a)(2)(D)(i)), and to assess future 

control programs for more stringent ozone and particulate matter standards. While this effort 

was intended to inform the Collaborative process, it was not intended for regulatory or legal 

purposes. Thus, the results are only meant to provide reasonable estimates of significant 

contributions and emission reductions (discussed later) that can support state policy making. The 

weight-of-evidence approach allows for the incorporation of the State Collaborative modeling 

results to better inform New Jersey’s decisions with respect to interstate transport. 

The modeling analyses demonstrated that New Jersey significantly contributes to the annual and 

24-hour PM2.5 levels for 2005 in the following nonattainment areas: Lancaster and York, 

Pennsylvania; Baltimore, Maryland; Northern New Jersey/New York/Connecticut; New York 

City, New York; and New Haven, Connecticut (refer to Appendix D). The criteria for 

significance used was equivalent to one percent (1%) of the standard. Table E4 lists New 

Jersey’s contribution to both the annual and 24-hour PM2.5 concentrations to those nonattainment 

areas. 

Table E4: New Jersey’s Contributions to Annual and 24-Hour Fine Particulate Matter 

Nonattainment Demonstrated by the State Collaborative Modeling Analysis for 2005 

Nonattainment Area Lancaster York Baltimore

New YorkN.New 

Jersey-Long 

Island 

New 

York 

City 

New 

Haven

State(s) PA PA MD NY-NJ-CT NY CT 

24-Hour PM2.5 Contribution 

(≥0.35 μg/m3) 1.38 1.31 1.48 15.82 5.29 1.94 

Annual PM2.5 Contribution 

(≥0.15 μg/m3) 0.59 0.43 0.38 6.07 2.22 0.40 

 

Summary of the Modeling Analyses

The four modeling analyses applied in addressing New Jersey’s significant contributions to the 

24-hour PM2.5 NAAQS represent a weight-of-evidence approach to satisfying this requirement. 

Table E5 provides a summary of the results of the modeling analyses used in this approach. 
11

Table E5: Summary of New Jersey’s Contributions to Other States’ Fine Particulate 

Matter Concentrations by Analysis 

Analysis 

PM2.5 CAIR 

Modeling 

8-Hour 

Ozone 

CAIR 

Modeling

NOx SIP 

Call 

Modeling

Regional 

Haze 

Modeling1 

State 

Collaborative 

Modeling 

State(s) 

NJ 

Only NJ+DE NJ Only NJ Only NJ Only NJ Only 

Connecticut x x x 

Maine x 

Maryland x 

Massachusetts x 

New Hampshire x 

New York x x x x 

Pennsylvania x x x 

Rhode Island x x 

1. The regional haze analyses concluded that New Jersey did not significantly impact any of the states 

with Class I areas analyzed in the study. 

Other Factors in Significant Contribution Assessment

New Jersey’s weight-of-evidence approach uses the best data available.24 As better tools become 

available, to the extent necessary, New Jersey will re-evaluate its determinations. While the 

methods analyzed did not identify Delaware as a state that New Jersey impacts, the methods did 

identify all of the states surrounding Delaware. Hence, New Jersey includes Delaware among 

the other states to which New Jersey significantly contributes. 

States listed in Table E5 that are not part of a PM2.5 nonattainment area, i.e., 

attainment/maintenance areas, include Maine, Massachusetts, New Hampshire, and Rhode 

Island. The ambient air quality data shown in Table E6 shows that although these states continue 

to meet the 35 μg/m3 24-hour (2006) PM2.5 NAAQS, there are states that are “close to,” i.e., 

within five (5) percent the standard. The USEPA defined the WOE range for the 65 μg/m3

 24-

hour (1997) PM2.5 NAAQS for attainment modeling purposes as between 62 and 68 μg/m3

, 

which is five (5) percent of the standard.25 Applying this same approach to New Jersey’s 

contribution analysis, Maine and Rhode Island do not have monitors that are demonstrating 24-

hour PM2.5 concentrations close to the 35 μg/m3

 24-hour (2006) PM2.5 NAAQS.

 

24 The modeling analyses presented do not accurately model emissions on high electrical demand days (HEDDs), 

which are hot, summer days on which the electrical demand is high and supplemented with uncontrolled electrical 

generating units that produce a significant amount of NOx. 25 USEPA. Guidance on the Use of Models and Other Analyses for Demonstrating Attainment of Air Quality Goals 

for Ozone, PM2.5, and Regional Haze. United States Environmental Protection Agency, Office of Air Quality 

Planning and Standards, Air Quality Analysis Division, Air Quality Modeling Group, Research Triangle Park, NC, 

EPA-454/B-07-002, April 2007.).
12

Table E6: 2005-2008 Ambient Air Quality Data for 24-Hour PM2.5 in Maine, 

Massachusetts, New Hampshire, Rhode Island, and Vermont Compared to the 35 μg/m3

24-Hour (2006) PM2.5 NAAQS 

 24-Hour PM2.5 Monitored 

Design Values (μg/m3

)

1

Percent within the 35 μg/m3

24-Hour PM2.5 NAAQS (%) 

State Monitor Site AQS 

Monitor ID 2005 2006 2007 2008 2005 2006 2007 2008 

ME Lewiston - CKP 23-001-0011 29 26 24 26 17 26 31 25 

Madawaska - Tang's Palace 23-003-0013 25 25 22 24 29 29 37 31 

Presque Isle - Riverside Street 23-003-1011 24 24 21 20 31 31 40 43 

Portland - Tukey's Bridge 23-005-0015 N/A N/A N/A 22 N/A N/A N/A 37 

Portland - EMPACT 23-005-0027 31 27 N/A N/A 11 23 N/A N/A 

 Acadia NP - McFarland Hill 23-009-0103 23 22 22 20 34 37 37 43 

 Augusta - Lincoln St School 23-011-0016 28 26 24 26 20 26 31 26 

 Rumford - Rumford Avenue Parking 

Lot 

23-017-2001 30 29 25 32 14 17 29 9 

MA Pittsfield 25-003-5001 34 30 30 27 3 14 14 N/A 

 Fall River-Globe St 25-005-1004 N/A N/A N/A 25 N/A N/A N/A 29 

 Lynn 25-009-2006 33 26 27 27 6 26 23 N/A 

 Haverhill 25-009-5005 N/A 27 27 27 N/A 23 23 N/A 

 Lawrence 25-009-6001 N/A 28 28 27 N/A 20 20 N/A 

 Chicopee 25-013-0008 N/A 27 28 28 N/A 23 20 20 

 Springfield-Liberty P-Lot 25-013-0016 N/A 32 31 31 N/A 9 11 11 

 Chelmsford 25-017-0009 N/A N/A N/A 25 N/A N/A N/A 29 

Brockton 25-023-0004 29 28 29 28 17 20 17 20 

Boston-Kenmore Sq 25-025-0002 N/A 29 30 29 N/A 17 14 18 

Boston-One City Sq 25-025-0027 N/A 30 N/A 28 N/A 14 N/A 21 

Boston-Harrison Ave 25-025-0042 N/A 29 N/A 29 N/A 17 N/A 17 

 Boston-North St 25-025-0043 34 31 31 28 3 11 11 20 

 Worcester-Washington St 25-027-0016 N/A 30 30 29 N/A 14 14 17 

 Worcester-Summer St 25-027-0023 N/A 31 N/A N/A N/A 11 N/A N/A 

NH Laconia-Green St 33-001-2004 20 21 20 18 43 40 43 50 

 Keene 33-005-0007 31 31 29 34 11 11 17 3 

 Berlin 33-007-0014 27 26 N/A N/A 23 26 N/A N/A 

 Lebanon 33-009-0010 N/A N/A 23 21 N/A N/A 34 39 

 Manchester-Pearl St 33-011-0020 29 N/A N/A N/A 17 N/A N/A N/A 

 Nashua-Crown St 33-011-1015 N/A N/A 27 27 N/A N/A 23 23 

 Peterborough 33-011-5001 26 N/A N/A N/A 26 N/A N/A N/A 

 Pembroke 33-013-1006 N/A 26 25 24 N/A 26 29 31 

 Portsmouth-Pierce Island 33-015-0014 N/A 26 25 24 N/A 26 29 31 

 Claremont 33-019-0003 N/A 30 26 25 N/A 14 26 28 

RI West Greenwich 44-003-0002 N/A N/A N/A 22 N/A N/A N/A 36 

 Providence-Prairie Ave 44-007-0022 N/A N/A 29 29 N/A N/A 17 18 

 Providence-Eddy St 44-007-0028 N/A N/A N/A 27 N/A N/A N/A 22 

 East Providence 44-007-1010 N/A N/A N/A 27 N/A N/A N/A 24 

1.The 2005-2007 data are quality-assured. The 2008 data are use for comparison and should not be applied 

as official numbers. 

2. N/A = Data Not Available 

Conclusion for New Jersey’s Significant Contributions 

In conclusion, New Jersey determines that with respect to the 35 μg/m3

 24-hour (2006) PM2.5

NAAQS that it significantly contributes to Connecticut, Delaware, Maryland, Massachusetts, 

New Hampshire, New York, and Pennsylvania, as shown in Table E7 and Figure E1. 
13

Table E7: Summary of New Jersey’s Significant Contributions to Other States’ Fine 

Particulate Matter Concentrations 

Analysis PM2.5 CAIR 

Modeling 

8-Hour 

Ozone 

CAIR 

Modeling 

NOx SIP 

Call 

Modeling 

Regional 

Haze 

Modeling1 

State 

Collaborative 

Modeling 

Significant 

Contribution? 

(Y/N) 

State(s) NJ Only NJ+DE NJ Only NJ Only NJ Only NJ Only 

Connecticut x x x Y 

Delaware Y 

Maryland x Y 

Massachusetts x Y 

New Hampshire x Y 

New York x x x x Y 

Pennsylvania x x x Y 

1. The regional haze analyses concluded that New Jersey did not significantly impact any of the other states with Class I 

areas analyzed in the study. 

Figure E1: States to which New Jersey Significantly Contributes with respect to Fine 

Particulate Concentrations in Other States based upon a Weight-of-Evidence Approach 
14

b) Interference with Measures Required to Meet the Implementation Plan for Any 

Other State Related to Prevention of Significant Deterioration (PSD) 

The previous subsection summarizes the states New Jersey significantly impacts related to 

attainment and maintenance of the PM2.5 NAAQS. 42 U.S.C. § 7410(a)(2)(D)(i)(II) (Section 

110(a)(2)(D)(i)(II)) also requires protections to prevent further degradation of attainment and 

maintenance areas. According to the USEPA’s 2009 guidance, “this requirement is satisfied for 

PM2.5 if a state’s SIP includes preconstruction review programs for major sources that satisfy the 

requirements of 40 C.F.R. 51.165(b)(1) and 40 C.F.R. 51.166” (NSR and PSD, respectively).26 

The USEPA guidance also states, “Unless the area has known outstanding permit program 

deficiencies, it is not necessary, at this time, for states to make a SIP submission containing rule 

changes specifically to address section 110(a)(2)(D)(i)(II) for the 2006 24-hour PM2.5 NAAQS. 

If this is the case, the state can submit an appropriate certification as described previously in this 

guidance.”27 In addition, notwithstanding the absence of PSD increments for PM2.5, the USEPA 

believes that states may continue to rely upon their existing PSD and NNSR permitting programs 

to prevent significant deterioration of air quality within their own boundaries and in adjacent 

states until such increments are established. New Jersey’s existing PSD and NSR programs and 

subsequent revisions provide and will continue to provide these protections for new or modified 

sources. The details of these programs are discussed in Section A. New Jersey certifies that it 

has a PSD program in place. 

c) Interference with Measures Required to Meet the Implementation Plan for Any 

Other State Related to Regional Haze and Visibility 

42 U.S.C. § 7410(a)(2)(D)(i)(II) (Section 110(a)(2)(D)(i)(II)) requires protections to protect 

visibility. According to the USEPA’s 2009 guidance, this requirement consists of two phases of 

visibility protection, i.e., reasonably attributable visibility impairment (RAVI) (Phase 1) and 

regional haze (Phase 2).28 RAVI is visibility impairment attributable to a single source/small 

group of sources and regional haze is impairment from a multitude of sources over a large area. 

New Jersey’s Regional Haze SIP29 addresses both regional haze and RAVI. The following 

discussion provides an explanation of how New Jersey is meeting these requirements. 

Reasonably Attributable Visibility Impairment (RAVI)

Under the 1980 Federal regulations, currently at 40 C.F.R. 51.300-51.307, New Jersey was 

included in the 35 states that were required to submit SIPs to address RAVI at 40 C.F.R.

 

26 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C). 

27 ibid. 

28 USEPA Memorandum from William T. Harnett, Director, Office of Air Quality Planning and Standards, to 

Regional Air Directors, “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” September 25, 2009. (see Appendix 

C).

29 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 
15

51.300(b)(2). At 40 C.F.R. 52.1606, New Jersey is under a Federal Implementation Plan (FIP) 

for visibility monitoring (requirement at 40 C.F.R. 51.305 and provisions at 40 C.F.R. 52.26), 

New Source Review (requirement at 40 C.F.R. 51.307 and provisions at 40 C.F.R. 52.28), and a 

long-term strategy (provisions at 40 C.F.R. 52.29). New Jersey has addressed these components 

in its Regional Haze SIP.30 This document outlines New Jersey’s long-term plan (2018) for 

addressing visibility-impairing air pollution within its borders and from out-of-state sources that 

impact New Jersey’s Federally protected visibility area or Class I area, the Brigantine Wilderness 

Area. The following section from the Regional Haze SIP addresses the RAVI requirement: 

10.2 Other Commitments 

10.2.1 Visibility 

New Jersey commits to continue carrying out the required review of proposed sources 

impact on visibility under 40 C.F.R. § 52.26 and 52.28, by implementing the Prevention 

of Significant Deterioration (PSD) permit requirements for new or modified major 

sources of air pollutants located within 100 kilometers of the Class I area, or within a 

larger radius on a case-by-case basis, in accordance with all applicable Federal rules 

for review of the impacts on Class I areas. 

New Jersey’s PSD program prevents new and modified sources from significantly 

impacting visibility. The PSD program includes a requirement that evaluates the new 

source's visibility impact on any nearby Class I areas (Brigantine in New Jersey’s case). 

In some cases, the Federal Land Manager may exempt smaller, more distant PSD 

sources from having to do the visibility analysis, but the larger sources with the greatest 

chance of adversely impacting visibility at Brigantine will have to address the issue. In 

addition, older sources are expected to shut down with time, and new source emissions 

are minimized, thereby improving air quality and enhancing visibility at Brigantine. 

The Federal Land Manager is expected to finalize guidance for determining whether a 

PSD source addresses visibility impacts in mid 2010. This will be part of a new guidance 

document known as Federal Land Managers' Air Quality Related Values Work Group 2 

(FLAG 2). There will be an equation that adds the total NOx, SO2, sulfuric acid mix, and 

PM10 emissions in tons per year, and then divides by the distance to the Class I area in 

kilometers (km). If the result is greater than 10, a visibility analysis must be done. The 

non-PSD sources will be reviewed on a case by case basis depending on the emissions 

and the distance. 

10.2.2 Consultation with Federal Land Managers 

New Jersey commits to coordinate on-going consultation with the appropriate Federal 

Land Manager and the USEPA regarding future progress reports and State plan 

revisions. 

New Jersey certifies that no source within the State emits pollutants that interfere with RAVI 

measures included in the applicable implementation plan of another state.

 

30 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 
16

Regional Haze

New Jersey is meeting the regional haze requirement through its Regional Haze SIP. The latest 

revision was submitted to the USEPA on July 29, 2009.31 As discussed in subsection 1 above, 

the contribution assessment performed for the Regional Haze SIP concluded that New Jersey 

does not significantly contribute to visibility impairment, based on sulfate impacts at the Class I 

areas in Maine, New Hampshire, Vermont, West Virginia, and Virginia.32 Maine, New 

Hampshire, and Vermont included New Jersey in their Regional Haze SIPs, based on an 

agreement that all MANE-VU states would be included as impacting MANE-VU Class I areas.

33,34,35

d) New Jersey’s Remedy to its PM2.5 Interstate Contributions 

New Jersey has taken a number of recent actions as well as measures that have been in place for 

many years to address its contribution to downwind areas. Table E8 lists New Jersey’s recently 

adopted control measures that reduce PM2.5, SO2, NOx, and VOC emissions.36 Some of these 

SIP measures are approved by the USEPA, as listed in 40 C.F.R. Part 52, Subpart FF, while 

other measures are pending approval by the USEPA. 

 

31 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 

32 Refer to the “Regional Haze Modeling Analysis” section for more details. 

33 Maine’s regional haze SIP is not yet available but electronic communication with Maine supports that New Jersey 

does not significantly contribute to its Class I Areas. 

34 NHDES. New Hampshire Regional Haze SIP Revision, Final Draft. New Hampshire Department of 

Environmental Services, November 3, 2008. 35 VTDEC. Vermont State Implementation Plan (SIP) Revision Regional Haze, Draft. State of Vermont, 

Department of Environmental Conservation (DEC), January 15, 2009. 

36 Although the USEPA does not consider VOC as a PM2.5 precursor for SIP and conformity purposes, New Jersey 

anticipates a PM2.5 benefit from the implementation of these measures. 
17

Table E8: New Jersey’s Recently Adopted Control Measures to Reduce Emissions of PM2.5

and its Precursors 

Measure Pollutant Reduced 

PM2.5 SO2 NOx VOC* 

Boilers Serving Electric Generating Units 

(EGUs) (Coal) x x x 

Boilers Serving EGUs (Oil and Gas) x 

CAIR/NOx Budget x x 

Refinery Consent Decrees x x x x 

PSEG-Consent Decree x x x 

Asphalt Production x 

NOx Reasonably Available Control Technology) 

(RACT) Rule (2006) x 

Industrial/Commercial/Institutional Boilers 

(2009) x 

Glass Manufacturing x 

Municipal Waste Combustor NOx rule x 

Case by Case NOx (Facility-Specific Emission 

Limits (FSELs)/Alternative Emission Limits 

(AELs)) 

 x 

High Electrical Demand Day (HEDD) x 

Sewage sludge incinerators x 

On-board Diagnostics (OBD) I/M x 

Diesel Vehicle Idling x x 

Diesel Vehicle Inspection and Maintenance 

(I/M) x x 

Diesel Vehicle Retrofit Program x 

Architectural Coatings 2005 x 

Portable Fuel Containers 2005 x 

Consumer Products 2005 x 

Consumer Products 2009 x 

Portable Fuel Containers 2009 x 

Adhesives & Sealants x 

Petroleum Storage x 

Case by Case VOC (AELs) x 

Asphalt Paving (cutback and emulsified) x 

Group 1: Printing x 

Energy Master Plan x x x x 

Mercury Rule x x x 

* Although the USEPA does not consider VOC as a PM2.5 precursor for SIP and conformity 

purposes, New Jersey anticipates some PM2.5 benefit from the implementation of these measures. 

New Jersey has not quantified this benefit and is including the VOC measures in this list for 

informational purposes.

New Jersey is also proposing or evaluating additional measures that would reduce PM2.5 

emissions. These are summarized in Table E9. 
18

Table E9: Control Measures under Evaluation 

Measure Current Status of Measure 

Low sulfur distillate and residual fuel strategies Proposed 11/16/2009 (41 N.J.R. 

4156(a)), Implementation in 2014 with 

2016 as Phase 2 

Fugitive Dust at Stationary Sources Analysis underway 

Open Burning Permit Revisions Analysis underway 

#6 Fuel Oil-Fired Boilers To be evaluated 

Stationary Diesel Engines To be evaluated 

Residential Wood Burning Strategies To be evaluated 

Greenhouse Gas Reduction Plan Proposed 

Refineries Analysis underway 

As part of its evaluation of potential control measures, New Jersey worked with other states in 

the OTC and LADCO and reached a consensus through the State Collaborative on 

recommendations to the USEPA on a framework that the USEPA should follow to develop a 

replacement rule for the CAIR (see Appendix D). This framework included potential controls 

not only for national rules involving significantly contributing states that combine statewide 

emission caps and complementary regional trading programs but support for a Federal program 

that also requires substantial regional emission reductions from mobile and area sources. 

Quantitative analyses performed showed that New Jersey could reduce its impact if controls are 

applied to EGUs. In one of the assessments conducted by the OTC, applying EGU emission 

control rates of 0.07 pounds per million British Thermal Units (lb/mmBTU) for NOx and 0.15 

lb/mmBTU for SO2 in New Jersey would reduce emissions by 27 percent (%) (2,483 tons) and 

33 percent (%) (6,934 tons) for 2008, respectively (see Appendix D, “OTC CAIR Replacement 

Rule Recommendation Technical Support Document”). Using that assessment as a guide to 

determine what EGU emission control rates to recommend, similar rates were modeled for 2012 

and 2018, as shown in Figure E2. Figure E3 shows the improvement in daily PM2.5

concentrations across the region for 2012. Figure E4 shows that only five (5) counties in the 

Northeast, including counties in New Jersey, are not attaining the daily PM2.5 standard in 2012. 

Thus, the regional modeling performed shows that an EGU-based strategy would have a positive 

impact on PM2.5 air quality in the region and that while nearby sources have the greatest impact, 

significant contribution to levels of PM2.5 can come from states several hundred miles away. 

This modeling demonstrates that New Jersey would reduce its daily PM2.5 significant 

contributions through a future EGU-based control strategy prior to the expected attainment date 

of 2014 for the 35 μg/m3

 daily PM2.5 NAAQS. This control strategy proposal is similar to 

performance standards adopted by New Jersey on March 20, 2009,37 which will be effective by 

December 2012. New Jersey’s emission rate for SO2 is as stringent as modeled. The NOx

emission rates are comparable to the rate modeled, i.e., 0.125 lb/mmBTU, depending upon the 

averaging times relevant for the model. Thus, the estimated EGU reductions from the rule are 

anticipated to be similar to the reductions assumed in the modeling scenario described above. 

 

37 Adopted Rules Published in NJ Register - 41 N.J.R. 1752(a). 
19

Figure E2: Modeled EGU Emission Control Rates by the State Collaborative* 

* Refer to Appendix D for more details. 

Figure E3: Daily PM2.5 Air Quality Improvement for 2012* 

*Refer to Appendix D for more details. 

0

1,500,000

3,000,000

4,500,000

6,000,000

7,500,000

9,000,000

2005 2007 2009-C 2012-C 2018-C 

 2012-E 2018-F 

2005 2007 2009-C 2012-C 2018-C 

 2012-E 2018-F 

Eastern U.S. Annual EGU Emissions (tpy) 

NOx SO2

Scenario E Scenario F 

(2012) (2018) 

0.125 lb/MMBTU 0.07 

Scenario E Scenario F 

(2012) (2018) 

0.25 lb/MMBTU 0.10 
20

Figure E4: Daily PM2.5 Concentrations in 2012* 

* Refer to Appendix D for more details. 

New Jersey is complying with the Federal Clean Air Act’s requirements regarding interstate 

transport as it relates to the PM2.5 NAAQS and is doing more to ensure that it is not interfering 

with the ability of its neighboring states to attain and maintain that standard or visibility goals. 

While many of New Jersey’s existing control measures listed in Tables E8 and E9 are already 

more stringent than the existing pollution control requirements in many neighboring states, New 

Jersey will consider any additional measures, which will be implemented by the neighboring 

upwind and downwind states, such as those modeled by the State Collaborative, if they would 

provide additional emission reductions. 

The control measures implemented in New Jersey address its contributions to the downwind 

areas, ensuring that its sources’ emissions do not interfere with the attainment or maintenance of 

the 24-hour PM2.5 NAAQS or measures that prevent significant deterioration and protect 

visibility in another state. New Jersey expects the other significantly contributing states to the 

downwind areas of interest to timely implement reasonable measures, including measures similar 

to New Jersey’s, to address their contributions and to help bring the areas into attainment of the 

PM2.5 NAAQS, preserving the maintenance of the standard, and meeting visibility goals. 

2) Other States’ Significant Impacts on New Jersey 

Applying the same weight-of-evidence approach, New Jersey assessed the significant impact that 

other states have on New Jersey’s PM2.5 nonattainment in its thirteen (13) counties designated as 

not attaining the 35 μg/m3 24-hour (2006) PM2.5 NAAQS and interfere with the maintenance of 

attainment in the remaining eight (8) counties. These analyses represent the best available data 

at the time of this SIP revision. 
21

PM2.5 CAIR Analysis

The USEPA’s modeling analysis in support of the CAIR indicated that the following states 

significantly contribute to PM2.5 nonattainment in New Jersey’s associated PM2.5 multi-state 

nonattainment areas: 38 

 Maryland/Washington, D.C., 

 Michigan, 

 New York, 

 Ohio, 

 Pennsylvania, 

 West Virginia, and 

 Virginia. 

The same analysis indicates that the following upwind states significantly contribute to PM2.5

nonattainment in Union County, New Jersey:39

 Maryland/Washington, D.C., 

 Michigan, 

 New York, 

 Ohio, 

 Pennsylvania, and 

 West Virginia. 

Table E10 summarizes the annual average PM2.5 significant contributions from the upwind states 

on Union County’s nonattainment for the annual standard. 

Table E10: Fine Particulate Matter Significant Contributions to Union County in 2010 

According to CAIR Modeling1 

Upwind State PM2.5 Contribution (μg/m3) 

Maryland/D.C. 0.25 

Michigan 0.20 

New York 0.34 

Ohio 0.51 

Pennsylvania 0.81 

West Virginia 0.25 

1. Data Source: Appendix H - PM2.5 Contributions to Each 

Nonattainment County in 2010, Technical Support Document for the 

Final Clean Air Interstate Rule Air Quality Modeling. United States 

Environmental Protection Agency Office of Air Quality Planning and 

Standards, Research Triangle Park, NC, March 2005. 

 

38 USEPA. Technical Support Document for the Final Clean Air Interstate Rule Air Quality Modeling, Air Quality 

Modeling Analyses – VII: Modeling to Assess Interstate PM2.5 Contributions. United States Environmental 

Protection Agency Office of Air Quality Planning and Standards, Research Triangle Park, NC, March 2005. 39 Union County was the only New Jersey county identified in nonattainment by the USEPA’s CAIR analysis. 
22

Whereas the CAIR modeling analyses addressed the combined significant impacts of Delaware’s 

and New Jersey’s emissions on other states, it did not analyze the impacts from other states on 

Delaware and New Jersey combined. 

Ozone Modeling Analysis

As discussed in the previous subsection on New Jersey’s significant contributions, ozone will be 

used as a surrogate transported pollutant for PM2.5 since NOx (i.e., nitrates) are precursors to 

PM2.5. 

8-Hour Ozone CAIR 

The modeling results from the 8-hour ozone CAIR analysis showed that several upwind states 

contribute to 8-hour ozone nonattainment in New Jersey counties projected to be in 

nonattainment in 2010 and 2015. Table E11 lists these counties, the percent of 8-hour ozone due 

to transport, and the upwind contributing states. 

Table E11: Upwind Contributing States to Projected 2010 8-Hour Ozone Nonattainment 

in New Jersey Counties as Demonstrated by the 8-Hour Ozone CAIR Modeling Analysis 

New Jersey 

County

2010 Base 

8-Hour 

Ozone 

(ppb)

Percent of 8-

Hour

Ozone due to

Transport

Contributing States1

Bergen 86 38% MD/DC, MI, OH, PA, VA, WV 

Camden 91 57% DE, MD/DC, MI, OH, PA, VA, 

WV 

Gloucester 91 62% DE, MD/DC, MI, OH, PA, VA, 

WV 

Hunterton 89 26% DE, MD/DC, OH, PA, VA, WV 

Mercer 95 36% DE, MD/DC, MI, NY, OH, PA, 

VA, WV 

Middlesex 92 62% DE, MD/DC, MI, NY, OH, PA, 

VA, WV 

Monmouth 86 65% DE, MD/DC, MI, NY, OH, PA, 

VA, WV 

Morris 86 63% DE, MD/DC, MI, NY, OH, PA, 

VA, WV 

Ocean 100 82% DE, MD/DC, MI, NY, OH, PA, 

VA,WV 

1. The most contributing state is noted in bold and is underlined.

Based upon this modeling analysis, most of the 8-hour ozone calculated at the New Jersey 

monitors is due to transport with Pennsylvania as the major contributing state in most cases. 
23

NOx SIP Call 

The modeling results from the NOx SIP Call analysis showed that several upwind states contain 

sources which significantly impact ozone nonattainment in New Jersey.40 The upwind states 

identified were Delaware, District of Columbia, Illinois, Indiana, Kentucky, Maryland, 

Michigan, North Carolina, New York, Ohio, Pennsylvania, Virginia, and West Virginia. Tables 

E12 and E13 summarize the quantitative results from this modeling. Full details on the modeling 

results are discussed in the USEPA’s report entitled, “Air Quality Modeling Technical Support 

Document for the Regional NOx SIP Call,” September 23, 1998.

 

40 63 Fed. Reg. 57356 (October 28, 1998).
24

Table E12: Others States’ Contributions to 8-hour Ozone Nonattainment in New Jersey 

According to the NOx SIP Call Modeling Analyses1,2

Upwind State/Area 

Model Type 

Maximum 

Contribution 

(ppb) 

Highest Daily 

Average 

Contribution (ppb) 

Frequency of Contribution Relative Amount 

(% of total manmade 

ppb ≥ 85 ppb (8-hr) 

Illinois: 

UAM-V 

CAMx 

3 

8 

- 

5 

2 ppb to 3% of exceedances 

2 ppb to 37% of exceedances 

5 ppb to 10% of exceedances 

3 

2 

Indiana: 

UAM-V 

CAMx 

3 

8 

- 

- 

2 ppb to 4% of exceedances 

2 ppb to 34% of exceedances 

3 

2 

Kentucky: 

UAM-V 

CAMx 

4 

8 

- 

7 

2 ppb to 7% of exceedances 

- 

3 

2 

Maryland/DC/Delaware: 

CAMx 71 31 10 ppb to 60% of exceedances 20 

Michigan: 

UAM-V 

CAMx 

7 

10 

- 

7 

2 ppb to 11% of exceedances 

2 ppb to 35% of exceedances 

5 ppb to 9% of exceedances 

4 

2 

North Carolina: 

UAM-V 

CAMx 

18 

25 

- 

7 

2 ppb to 9% of exceedances 

5 ppb to 3% of exceedances 

2 ppb to 11% of exceedances 

5 ppb to 4% of exceedances 

4 

3 

New York: 

CAMx 24 22 2 ppb to 7% of exceedances 25 (on that highest 

day) 

Ohio: 

UAM-V 

CAMx 

9 

17 

- 

6 

2 ppb to 38% of exceedances 

5 ppb to 5% of exceedances 

2 ppb to 39% of exceedances 

5 ppb to 11% of exceedances 

10 

12 (on that highest 

day) 

Pennsylvania: 

CAMx 62 31 10 ppb to 71% of exceedances 26 

Virginia: 

UAM-V 

CAMx 

32 

38 

- 

20 

5 ppb to 22% of exceedances 

10 ppb to 27% of exceedances 

19 

9 

West Virginia: 

UAM-V 

CAMx 

15 

16 

- 

9 

5 ppb to 37% of exceedances 

10 ppb to 11% of exceedances 

2 ppb to 39% of exceedances 

5 ppb to 11% of exceedances 

18 

5 

1. This table was compiled using Appendix D in the United States Environmental Protection Agency’s report entitled, 

“Air Quality Modeling Technical Support Document for the Regional NOx SIP Call,” September 23, 1998. 

2. 8-ozone nonattainment is only presented in this table because New Jersey was not modeled as a separate 

nonattainment area for 1-hour ozone. It was a part of the Philadelphia and New York City nonattainment areas. 
25

Table E13: Percent Contribution from Upwind States to 8-Hour Nonattainment in New 

Jersey based upon the NOx SIP Call Modeling Analyses 
26

Regional Haze Modeling Analysis

In New Jersey’s Regional Haze SIP, states were identified as contributing to visibility 

impairment to New Jersey’s Class I area, based on the MANE-VU assessment discussed 

previously, which used a combination of several techniques or based on their involvement in the 

MANE-VU Planning Organization. A summary of the states identified using these methods is 

shown in Figure E5. 

Figure E5: States Identified as Contributing to Visibility Impairment in New Jersey’s Class 

I Area 

New Jersey

Illi no is

G e or gi a

M ic hi ga n

K e ntuck y

Te n ne ssee

South C arolina

M ic higa n

Di st rict of C olum biaDela ware

O hi o

V irg in ia

I ndia na

Ne w Y o rk

P en n sy lva ni a

No r th C a ro lin a

W e st V irg in ia

M a ryla nd

M aine

V er m on t

M a ss ac hu set ts

C on ne ct ic ut

N e w H am p shi re

Rho de Is la nd

Iow a

M is so ur i

A rk a ns as

Alabam a

W is co n si n

Louisia na

M is si ss ip pi

M inne so ta

K ansas

Tex a s

N e br a ska

Sou th D a ko ta

F lo rid a

O k lah o m a

N o rth D ak ot a

R eason fo r In clu sion

N ot Id entified

MANE-VU Memb er

C ontrib utory to Briga ntin e

New Jersey

The regional assessment performed for MANE-VU by NESCAUM, as well as other analyses 

used in New Jersey’s regional haze plan, concluded that sulfates were the predominant pollutant 

responsible for causing visibility impairment in the Northeastern United States in the period, 

2000 - 2004.41 Sulfur dioxide, the primary precursor for PM2.5, is the primary precursor pollutant 

for sulfate particles. Sulfate particles commonly account for more than 50 percent of particlerelated light extinction at northeastern Class I areas on the clearest days and for as much as or 

more than 80 percent on the haziest days.42 

The NESCAUM Assessment used the Eulerian grid model, REMSAD, as one of the methods in 

the assessment. This type of model is likely to yield a more definitive assessment of contribution 

from different sources. Eulerian or “grid” models strive to provide a comprehensive accounting 

of the impacts from the emissions by considering the meteorological dynamics, chemical 

production, transformation, and destruction as well as wet and dry deposition and microphysical 

processes. With this degree of sophistication also comes attendant uncertainty, thus the 

 

41 NJDEP. State Implementation Plan (SIP) for Regional Haze, Final. New Jersey Department of Environmental 

Protection, July 2009. 

42 NESCAUM. Contributions to Regional Haze in the Northeast and Mid-Atlantic: Mid-Atlantic/Northeast 

Visibility Union (MANE-VU) Contribution Assessment United States. Prepared by Northeast States for 

Coordinated Air Use Management (NESCAUM) for the Mid-Atlantic/Northeast Visibility Union (MANE-VU), 

August 2006. 
27

consideration of more than one analysis system. REMSAD was used with a 12 kilometer grid in 

the eastern United States domain. The air quality was modeled using 22 vertical layers with 

hourly temporal resolution for the entire calendar year 2002. REMSAD has simplified chemistry 

but allows for emissions tracking of sulfate, nitrate, and mercury through a tagging feature that 

calculates the contribution of specific sources to ambient concentrations, visibility impacts, and 

wet or dry deposition. REMSAD model was used primarily for attribution of sulfate species in 

the Eastern United States via the species-tagging scheme included in Version 7.10 and newer 

versions of the model. Sulfate is the focus of the regional haze plan for the first milestone period 

year (2018) in the MANE-VU Class I states. 

The left side of Figure E6 presents the Interagency Monitoring of Protected Visual Environments 

(IMPROVE) monitored data by species for 2000-2004 (the baseline years), the center provides 

the REMSAD modeling results for 2002 indicating the contributions of the measured sulfate 

concentrations by states and regions, and, on the right, three maps indicating meeting the 

following criteria: 

1. States/regions that contributed 0.1 μg/m3 sulfate or greater on the 20 percent worst 

visibility days in the base year (2002). 

2. States/regions that contributed at least 2 percent of total sulfate observed on 20 percent 

worst visibility days in 2002. 

3. The top ten contributing states on the 20 percent worst visibility days in 2002. 

Figure E6: Modeled 2002 Contributions to Sulfate by State and Canada at Brigantine 

Brigantine

20% Worst Days

0

5

10

15

20

25

Brigantine

Sulfate Nitrate EC OC Sea Salt Soil

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Brigantine

CANADA

CENRAP

SE_BC

W_BC

N_BC

VT

RI

ME

DC

MS

CT

NH

MA

WI

NY

AL

IL

SC

MI

KY

TN

IN

NJ

DE

GA

WV

MD

VA

NC

OH

PA

0.1 μg/m3 Sulfate

2 % of Sulfate

Top 10 States

IMPROVE mass 00-04 REMSAD 2002 Contribution to Sulfate Threshold options

μg/m3

#

#

#

Figure E7 demonstrates the 2018 REMSAD modeled results of sulfate contributions to 

Brigantine by the MANE-VU states. The graph compares the contributions on the 20 percent 

best and worst visibility days to the annual average sulfate concentration. The main contributory 

states besides New Jersey in this comparison are Pennsylvania, New York, and Delaware. 
28

Figure E7: Modeled 2018 Percent Sulfate Contributions by MANE-VU State at Brigantine 

 

0%

2%

4%

6%

8%

10%

12%

CT DE ME MD MA NH NJ NY PA RI VT 

Percent Sulfate Contribution

2018 Worst 20%

2018 Annual Ave

2018 Best 20%

For the purposes of deciding how broadly to consult to achieve visibility goals, the MANE-VU 

States settled on the following criteria: any state/region that contributed at least 2 percent of total 

sulfate observed on the 20 percent worst visibility days in 2002 was defined as a “contributor” to 

visibility impairment (see Figure E6). Connecticut, Rhode Island, Vermont, and the District of 

Columbia were not identified as being among the political or regional units contributing at least 

2 percent of sulfate at any of the seven Class I areas. However, as participants in MANE-VU, 

those entities have agreed to pursue adoption of regional control measures aimed at visibility 

improvement on the haziest days and prevention of visibility degradation on the clearest days. 

For the purposes of achieving visibility goals, this is why MANE-VU states identified other 

MANE-VU states that did not contribute the 2 percent as contributing to them as MANE-VU 

members but New Jersey did not include these states as significant contributors to the 

nonattainment or maintenance of the 35 μg/m3

 24-hour PM2.5 NAAQS, according to 42 U.S.C. § 

7410(a)(2)(D)(i) (Section 110(a)(2)(D))(i). 

State Collaborative Analysis

The State Collaborative modeling analyses for PM2.5 showed significant contributions from other 

states on PM2.5 concentrations in the Northern New Jersey/New York/Connecticut nonattainment 

area for 2005 (see Appendix D). The criteria for significance used was equivalent to 1 percent of 

the standard, as discussed above. Table E14 lists both the annual and 24-hour concentrations 

associated with other states and areas that contribute to the Northern New Jersey/New 

York/Connecticut nonattainment area. There are 14 geographical areas that contribute to 

nonattainment for both the 24-hour and annual PM2.5 standards. 
29

Table E14: Contributions to Annual and 24-Hour Fine Particulate Matter in the Northern 

New Jersey/New York/Connecticut Nonattainment Area Demonstrated by the State 

Collaborative Modeling Analysis for 2005 

Contributing Area 

24-Hour PM2.5 

Contribution 

(≥0.35 μg/m3

) 

Annual PM2.5

Contribution 

(≥0.15 μg/m3

) 

Indiana 0.63 0.19 

Ohio 1.31 0.47 

Michigan 0.47 0.32 

North Carolina 0.78 0.19 

Virginia 1.34 0.30 

West Virginia 0.61 0.17 

Maryland_DC 1.21 0.28 

Delaware 0.62 0.25 

Pennsylvania 5.43 1.98 

New Jersey 15.82 6.07 

New York 5.38 2.20 

Connecticut_Rhode Island 0.89 0.20 

Massachusetts 0.98 0.25 

Canada 0.60 0.44 

Illinois 0.42 NS1

CENRAP2_WRAP3_South 0.37 NS1

Kentucky 0.47 NS1

1. NS = Not significant. 

2. CENRAP = Central Regional Air Planning Association. CENRAP is an 

organization of states, tribes, federal agencies. The states included are 

Nebraska, Kansas, Oklahoma, Texas, Minnesota, Iowa, Missouri, Arkansas, 

and Louisiana. 

3. WRAP = Western Regional Air Partnership. The WRAP is made up of 

western states, tribes, and federal agencies. The states are Alaska, Arizona, 

California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, 

South Dakota, Utah, Washington, and Wyoming. 

 

Conclusion for Other States’ Significant Impacts on New Jersey 

The four modeling analyses applied in addressing other states’ significant contributions to New 

Jersey’s 24-hour PM2.5 NAAQS represent a weight-of-evidence approach, using the best data 

available. 

The results from the four different analyses summarized in Table E15 show that these states 

significantly contribute to New Jersey’s PM2.5 nonattainment in its thirteen (13) counties 

designated as not attaining the 35 μg/m3

 24-hour (2006) PM2.5 NAAQS and interfere with the 

maintenance of attainment in the remaining eight (8) counties. 
30

Table E15: Summary of Significant Contributions from Other States’ to New Jersey’s Fine 

Particulate Matter Nonattainment and Maintenance by Analysis 

Analysis PM2.5 CAIR 

Modeling 

8-Hour 

Ozone CAIR 

Modeling 

NOx SIP Call 

Modeling 

Regional Haze 

Modeling1 

State 

Collaborative 

Modeling 

Significant 

Contribution? 

(Y/N) 

State(s)/Area(s) NJ Only NJ Only NJ Only NJ Only NNJ/NY/CT2

Canada x Y 

CENRAP3_WRAP4_South x Y 

Connecticut 

x 

(combined with 

Rhode Island) 

Y 

Delaware x x x x Y 

District of Columbia x Y 

Georgia x Y 

Illinois x x x Y 

Indiana x x x Y 

Kentucky x x x Y 

Maryland 

x 

(combined with 

D.C.) 

x 

(combined 

with D.C.) 

x x 

x 

(combined with 

D.C.) 

Y 

Massachusetts x Y 

Michigan x x x x x Y 

New York x x x x x Y 

North Carolina x x x Y 

Ohio x x x x x Y 

Pennsylvania x x x x x Y 

South Carolina x Y 

Tennessee x Y 

Virginia x x x x x Y 

West Virginia x x x x x Y 

1. Contributing states included those with a sulfate contribution >2%; Illinois and New York are also included based upon other 

modeling techniques (see New Jersey’s Regional Haze SIP). 

2. Northern New Jersey/New York/Connecticut nonattainment area 

3. CENRAP = Central Regional Air Planning Association. CENRAP is an organization of states, tribes, federal agencies. The states

included are Nebraska, Kansas, Oklahoma, Texas, Minnesota, Iowa, Missouri, Arkansas, and Louisiana. 

4. WRAP = Western Regional Air Partnership. The WRAP is made up of western states, tribes, and federal agencies. The states are 

Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, 

and Wyoming. 
31

New Jersey requests that the USEPA, when it evaluates the SIPs from these states, ensure that 

they are not hindering the attainment and maintenance of the PM2.5 NAAQS in New Jersey or in 

the multi-state nonattainment areas. With regard to regional haze, New Jersey expects that the 

USEPA and the Federal Land Managers (FLMs) will monitor and ensure the emission reductions 

from the contributing states to achieve the 2018 reasonable progress goals set for the Brigantine 

Wilderness Area. As discussed in detail in Appendix D, New Jersey requests that the USEPA 

consider recommendations made by the State Collaborative and the OTC as the USEPA 

develops a replacement rule for the CAIR.