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1.0 Background and Overview of the Federal Regional Haze Regulation 

1.1 Haze Characteristics and Effects

Haze refers to the presence of light-inhibiting pollutants in the atmosphere. These 

particles and gases scatter or absorb light to cause a net effect referred to as "light 

extinction." This scattering and absorbing occur across the sight path of an 

observer, thus leading to a hazy condition. Emissions of pollutants such as 

particulate matter, especially fine particulate matter (particles with a diameter less 

than 2.5 microns in size), sulfur dioxide, and nitrogen oxides are the primary 

contributors to visibility problems. Particulate matter can be emitted directly from 

stationary sources, or comprised in part of nitrate and sulfate particles formed 

through reactions involving nitrogen oxides and sulfur dioxide in the atmosphere. 

These constituents of haze are capable of being transported great distances while 

in the atmosphere. Due to this, sources may contribute to visibility impairment in 

Class I areas far downwind of their location, requiring a regional solution to the 

haze problem. 

Reduction in visibility-impairing pollutant emissions such as nitrogen oxides (a 

precursor to ground-level ozone formation) also lead to a reduction in ozone. 

Ozone can diminish the ability for plants to produce and store food, making them 

more susceptible to disease, cause crop yield and forest growth to decline, and 

result in damage to leaves and trees in urban or other recreational areas. Nitrogen 

oxides and sulfur dioxide can both lead to acid rain, which damages forests and 

crops, acidifies waterways, and, long-term, alters the natural variety of plant and 

animal life in an ecosystem. In the Adirondack Mountains of New York State, 

mineral acidification from atmospheric deposition is responsible for ecosystem 

damage, including loss of fish populations. A major effect of acid rain on forest 

health and productivity is a reduction in the available supply of calcium and other 

base cations (positively charged ions) in soil that are needed for forest growth. The 

Catskill Mountain region of New York State has among the highest rates of sulfur 

and nitrogen deposition in the state and the lowest values for soil calcium 

availability. Significantly, the forested watersheds of the Catskill region provide the 

New York City water supply. 

The inherent reduction of visibility-impairing pollutant emissions will also be 

protective of public health. While the presence of particulate matter is among the 

major causes of regional haze, ongoing studies reveal its contribution to a number 

of health issues, including respiratory irritation; decreased lung function; 

development or aggravation of respiratory conditions such as bronchitis; irregular 

heartbeat; and premature mortality. Ozone formed from nitrogen oxide emissions, 

along with sulfur dioxide and sulfate particles, causes similar respiratory 

impairment, especially among children whose respiratory systems are still 
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developing, the elderly, and adults who are active outdoors. By regulating sulfur 

dioxide, nitrogen oxides and particulate matter, severe respiratory and 

cardiovascular diseases can be avoided. Reducing nitrogen oxides, an ozone 

precursor, is of great importance for New York State, which contains multiple areas 

which are classified as being in nonattainment of the ozone National Ambient Air 

Quality Standards (NAAQS). New York State also contains a fine particulate 

matter nonattainment area. Particulate matter consists of microscopic solid or 

liquid particles and is the major cause of the regional haze issue. Finally, the 

Department believes that improved visibility will lead to economic and tourism 

benefits in, for example, the “forever wild” areas in the Adirondacks. 

1.2 General Background / History of Federal Regional Haze Rule

In amendments to the Clean Air Act (CAA) in 1977, Congress added Section 169 

(42 U.S.C. 7491) setting forth the following national visibility goal: 

Congress hereby declares as a national goal the prevention of any future, and 

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

Federal areas which impairment results from man-made air pollution.

Over the following years, modest steps were taken to address the visibility 

problems in Class I areas. In the time since the CAA was passed, progressively 

worsening conditions have been witnessed in the nation's Class I areas. The 

control measures taken mainly addressed plume blight from specific pollution 

sources, and did little to address regional haze issues in the Eastern United States. 

In fact, visibility in eastern parks has declined by as much as 83 percent 

[http://www.epa.gov/oar/visibility/what.html]. 

When the CAA was amended in 1990, Congress added Section 169B (42 U.S.C. 

7492), authorizing further research and regular assessments of the progress made 

so far. In 1993, the National Academy of Sciences concluded that “current 

scientific knowledge is adequate and control technologies are available for taking 

regulatory action to improve and protect visibility.”1

The EPA’s Regional Haze Rule was adopted on July 1, 1999, and went into effect 

on August 30, 1999. The Regional Haze Rule’s aim was to achieve national 

visibility goals by 2064. This rulemaking addressed the combined visibility effects 

of various pollution sources over a wide geographic region. This wide reaching 

pollution net means that many states – even those like New York without Class I 

areas – are required to participate in haze reduction efforts. The EPA designated 

 1

Protecting Visibility in National Parks and Wilderness Areas. National Research 

Council. Washington, DC: 1993
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five Regional Planning Organizations (RPOs) to assist with the coordination and 

cooperation needed to address the haze issue. The Mid-Atlantic / Northeast states, 

including the District of Columbia, were designated as part of the Mid-Atlantic / 

Northeast Visibility Union (MANE-VU).2

 

The EPA’s adoption of the Regional Haze Rule was not without controversy. On 

May 24, 2002, the US Court of Appeals, D.C. District Court ruled on the challenge 

brought by the American Corn Growers Association against the EPA’s Regional 

Haze Rule of 1999, 64 FR 35714. The Court remanded the BART provisions of 

the rule to the EPA, and denied industry’s challenge to the haze rule goals of 

natural visibility and no degradation requirements. On June 15, 2005, the EPA 

finalized a rule addressing the Court’s remand. The final BART Rule, 70 FR 

39104, was published on July 6, 2005. 

1.3 Area of Influence for MANE-VU Class I Areas

New York State contains no Class I Areas. However, as required by the haze 

rule, states that contribute to visibility impairment in Class I areas in other states 

must be identified and measures taken to reduce the emissions of visibilityimpairing pollutants. In order to identify states where emissions are most likely to 

influence visibility in MANE-VU Class I areas, MANE-VU prepared the 

Contributions to Regional Haze in the Northeast and Mid-Atlantic United States in 

Appendix A. Based on this analysis, MANE-VU concluded that it was appropriate 

to define an area of influence including all of the states participating in MANE-VU 

plus other states that modeling indicated contributed at least 2% of the sulfate ion 

at MANE-VU Class I areas in 2002. These states are shown in Table 1-1 below. 

The 2% was arrived at after a review of the back trajectory and modeling results 

showing that states contributing 2% (or more) make up about 90-95% "of total light 

extinction. For states contributing 5% (or more), only about 75-80% of total light 

extinction is accounted for. New York agrees with the 2% criteria, given the high 

percentage of light extinction for which it accounts. New York believes that the 2% 

criteria represents a level of contribution for visibility impairment from any state that 

needs to be assessed for mitigation. Failure to do so will result in Class I areas 

failing to reach their reasonable progress goals and ultimately delay needed 

improvements in air quality. 

 2

A description of MANE-VU and a full list of its members is found in Section 3 of 

this document. 
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Table 1-1 - States That Contribute to Visibility Impairment in the MANE-VU Class I 

Areas of Acadia, Moosehorn, Great Gulf, Lye Brook and Brigantine

State RPO State RPO 

Connecticut MANE-VU North Carolina VISTAS 

Delaware MANE-VU South Carolina VISTAS 

Maine MANE-VU Tennessee VISTAS 

Maryland MANE-VU Virginia VISTAS 

Massachusetts MANE-VU West Virginia VISTAS 

New Hampshire MANE-VU Illinois MRPO 

New Jersey MANE-VU Indiana MRPO 

New York MANE-VU Michigan MRPO 

Pennsylvania MANE-VU Ohio MRPO 

Rhode Island MANE-VU New Brunswick, Canada N/A 

Vermont MANE-VU Ontario, Canada N/A 

Georgia VISTAS Quebec, Canada N/A 

Kentucky VISTAS 

1.4 Class I Areas Affected

In accordance with 40 CFR Section 51.308(d)(4)(iii), emissions sources within the 

State of New York contribute to visibility impairment in the following Class I Areas: 

Acadia National Park, Maine 

Brigantine Wildlife Refuge, New Jersey 

Great Gulf Wilderness Area, New Hampshire 

Lye Brook Wilderness Area, Vermont 

Moosehorn National Wildlife Refuge, Maine 

Presidential Range-Dry River Wilderness Area, New Hampshire 

Roosevelt-Campobello International Park, Maine/Canada 

Shenandoah National Park, Virginia 

The effect of New York’s emissions and the measures that will be necessary to 

meet the goals of the Regional Haze program in the above areas are the focus of 

this document. 

Information about procedures by which monitoring data and other information were 

used in determining the contribution of emissions from within these States to 
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regional haze visibility impairment at MANE-VU Class I areas is included in 

Appendix A, Contributions to Regional Haze in the Northeast and Mid-Atlantic 

United States.