1-1 1.0 Background and Overview of th e Federal Regional Haze Regulation

1.1 Haze Characteristics and Effects

Haze refers to the presence of light-inhibi ting 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 absorbi ng occur across the sight path of an observer, thus leading to a hazy conditi on. Emissions of pollutants such as particulate matter, especially fine particula te matter (particles with a diameter less than 2.5 microns in size), sulfur diox ide, and nitrogen oxides are the primary contributors to visibility problems. Partic ulate matter can be emi tted directly from stationary sources, or comprised in par t 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 locati on, 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) al so 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 cr op yield and forest growth to decline, and result in damage to leaves and trees in urba n 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 Ad irondack 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 t he available supply of calcium and other base cations (positively charged ions) in so il that are needed for forest growth. The Catskill Mountain region of New York Stat e has among the highes t rates of sulfur and nitrogen deposition in t he state and the lowest values for soil calcium availability. Significantly, the forested watersheds of t he Catskill region provide the New York City water supply.

The inherent reduction of visibility-impai ring pollutant emissions will also be protective of public health. While the pr esence of particulate matter is among the major causes of regional haze, ongoing studi es reveal its contribution to a number of health issues, including respirator y irritation; decreased lung function; development or aggravation of respiratory conditions such as bronchitis; irregular heartbeat; and premature mort ality. Ozone formed from nitrogen oxide emissions, along with sulfur dioxide and sulfate par ticles, causes similar respiratory impairment, especially among children whose respirator y systems are still1-2 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 avoi ded. Reducing nitrogen oxides, an ozone precursor, is of great impor tance for New York State, wh ich contains multiple areas which are classified as being in nonattain ment of the ozone Na tional Ambient Air Quality Standards (NAAQS). New York Stat e also contains a fine particulate

matter nonattainment area. Particulate matt er consists of microscopic solid or liquid particles and is the major cause of the regional haze issue. Finally, the Department believes that improved visib ility 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 (C AA) in 1977, Congress added Section 169 (42 U.S.C. 7491) setting forth the following national visibility goal:

Congress hereby declares as a national go al the prevention of any future, and the remedying of any existing, impairm ent of visibility in mandatory Class I Federal areas which impairment re sults 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 si nce 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 addre ss 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, Congre ss added Section 169B (42 U.S.C. 7492), authorizing further research and regul ar 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 haz e reduction efforts. The EPA designated

1 Protecting Visibility in National Parks and Wilderness Areas . National Research Council. Washington, DC: 19931-3 five Regional Planning Organi zations (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 A ssociation against the EPA’s Regional Haze Rule of 1999, 64 FR 35714. The Court remanded the BAR T provisions of the rule to the EPA, and denied industry’s challenge to the haze rule goals of natural visibility and no degradation requi rements. 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 Cl ass 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 parti cipating in MANE-VU plus other states that mode ling indicated contributed at l east 2% of the sulfate ion

at MANE-VU Class I areas in 2002. Thes e 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 cont ributing 5% (or more), only about 75-80% of total light extinction is accounted for. New York agr ees with the 2% criter ia, given the high percentage of light extinction for which it accounts. New York believes that the 2% criteria represents a level of contribution fo r 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 pr ogress 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

.1-4 Table 1-1 - States That Contribute to Visib ility 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 visibilit y 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 Wil derness Area, New Hampshire Roosevelt-Campobello Inter national 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 Regi onal Haze program in the above areas are the focus of

this document.

Information about procedures by which m onitoring data and other information were used in determining the contribution of em issions from within these States to1-5 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

.