[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Proposed Rules]
[Pages 49711-49724]
[FR Doc No: 2011-20482]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0607, FRL-9450-9]

Approval and Promulgation of Air Quality Implementation Plans;
State of New Jersey; Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the revision to the State
Implementation Plan submitted by the State of New Jersey on July 28,
2009, and supplemented on December 9, 2010, and March 2, 2011, that
addresses regional haze for the first planning period from 2008 through
2018. This revision addresses the requirements of the Clean Air Act and
EPA's rules that require states to prevent any future, and remedy any
existing, anthropogenic impairment of visibility in mandatory Class I
areas caused by emissions of air pollutants located over a wide
geographic area (also referred to as the ``regional haze program'').
States are required to assure reasonable progress toward the national
goal of achieving natural visibility conditions in Class I areas. This
plan protects and improves visibility levels in New Jersey's Class I
area, the Brigantine Wilderness Area of the Edwin B. Forsythe National
Wildlife Refuge, as well as other Class I areas in the Northeast United
States. New Jersey's SIP is in two parts: Reasonable Progress and
application of Best Available Retrofit Control Technology. EPA is
proposing to approve the Reasonable Progress portion of the plan, since
New Jersey has adopted all of the reasonably available measures
recommended by the states during the development of the SIP. EPA is
proposing approval of New Jersey's plans to implement Best Available
Retrofit Technologies on eligible sources, as well New Jersey's
Subchapter 9, Sulfur in Fuels.

DATES: Comments must be received on or before September 12, 2011.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R02-
OAR-2011-0607, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket No. EPA-R02-OAR-2011-
0607. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/air/docket.html.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Robert F. Kelly, State Implementation
Planning Section, Air Programs Branch, EPA Region 2, 290 Broadway, New
York, New York 10007-1866. The telephone number is<PHONE_NUMBER>. Mr.
Kelly can also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing?
II. What is the background for EPA's proposed action?
III. What are the requirements for the Regional Haze SIPs?
    A. The Act and the Regional Haze Rule
    B. Determination of Baseline, Natural, and Current Visibility
Conditions
    C. Determination of Reasonable Progress Goals
    D. Best Available Retrofit Control Technology
    E. Long-Term Strategy
    F. Coordinating Regional Haze and Reasonably Attributable
Visibility Impairment
    G. Monitoring Strategy and Other Implementation Plan
Requirements
    H. Consultation With States and Federal Land Managers
IV. What is EPA's analysis of New Jersey's regional haze submittal?
    A. Affected Class I Areas
    B. Long-Term Strategy/Strategies
    1. Emissions Inventory for 2018 With Federal and State Control
Requirements
    2. Modeling to Support the Long-Term Strategy and Determine
Visibility Improvement for Uniform Rate of Progress
    3. Relative Contributions to Visibility Impairment
    4. Reasonable Progress Goals
    5. Subchapter 9--Sulfur In Fuels
    6. Best Available Retrofit Control Technology
    a. BART-Eligible Sources in New Jersey
    b. Identification and Evaluation of Additional BART-Eligible
Sources in New Jersey
    c. BART Evaluations for Sources Identified as BART by New Jersey
    C. Consultation With States and Federal Land Managers
    D. Periodic SIP revisions and Five-Year Progress Reports
    E. Coordinating Regional Haze and Reasonably Attributable
Visibility Impairment

    F. Monitoring Strategy and Other Implementation Plan
Requirements
V. What action is EPA proposing to take?
VI. Statutory and Executive Order Reviews

    Throughout this document, wherever ``Agency,'' ``we,'' ``us,'' or
``our'' is used, we mean the EPA.

I. What action is EPA proposing?

    EPA is proposing to approve the State of New Jersey's (New
Jersey's) July 28, 2009 State Implementation Plan (SIP) revision
addressing regional haze under the Clean Air Act (CAA or the Act)
sections 301(a) and 110(k)(3). New Jersey's Regional Haze SIP revision
implements all measures determined by the State to be reasonable and
addresses New Jersey's Reasonable Progress Goals (RPG), as required by
the Act. RPGs are interim visibility goals towards meeting the national
visibility goal. New Jersey's Regional Haze SIP revision also
implements Best Available Retrofit Control Technology (BART) on
eligible facilities subject to the regional haze program.
    Consistent with EPA guidance and regulations, (see 70 FR 39104,
39106 (July 6, 2005)), many states relied on EPA's Clean Air Interstate
Rule (CAIR) to satisfy key elements of Regional Haze SIPs. The D.C.
Circuit, however, found CAIR to be inconsistent with the requirements
of the Act and remanded the rule to the Agency. North Carolina v. EPA,
531 F.3d 896, 929-30 (D.C. Cir. 2008); modified on rehearing, North
Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). In response to
the remand of the CAIR rule, on July 6, 2011 EPA finalized the Cross-
State Air Pollution Rule (CSAPR); a rule intended to reduce the
interstate transport of fine particulate matter and ozone, located at
http://www.epa.gov/crossstaterule.
    Although New Jersey was subject to CAIR, its Regional Haze SIP did
not rely on CAIR to meet the requirements for BART or for attaining the
in-state emissions reductions necessary to ensure reasonable progress,
instead, New Jersey evaluated controls for its potential BART sources.
New Jersey made BART determinations for its BART-eligible sources,
including Electric Generating Units (EGUs) that might have been
controlled under CAIR. Similarly, its long-term strategy for attaining
the RPG at the Brigantine Wilderness Area of the Edwin B. Forsythe
National Wildlife Refuge (Brigantine) includes controls on EGUs in New
Jersey. Therefore, the remand of CAIR has no negative effect on the
amount of emission reductions New Jersey will achieve from its Regional
Haze SIP revision. This action and the accompanying Technical Support
Document (TSD) explain the basis for EPA's proposed approval of New
Jersey's Regional Haze SIP revision proposal.
    New Jersey has met all of its obligations with respect to the
Regional Haze SIP requirements, including the recommendation\1\ of the
Mid-Atlantic/Northeast Visibility Union (MANE-VU) regional planning
organization. New Jersey should not be required to substitute for any
emissions shortfalls in other states' plans, especially if other states
expected that EPA's CAIR program would be available as part of their
RPGs or their BART controls. Therefore, EPA proposes to approve New
Jersey's Regional Haze SIP revision, since it adopts all the measures
determined to be reasonable by New Jersey, as evaluated by the states
working together through MANE-VU.
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    \1\ On June 20, 2007, MANE-VU adopted two documents which
provide the technical basis for consultation among the interested
parties and define the basic strategies for controlling pollutants
that cause visibility impairment at Class I areas in the eastern
United States. The documents, entitled ``Statement of the Mid-
Atlantic/Northeast Visibility Union (MANE-VU) Concerning a Course of
Action within MANE-VU toward Assuring Reasonable Progress,'' and
``Statement of the Mid-Atlantic/Northeast Visibility Union (MANE-VU)
Concerning a Request for a Course of Action by States outside of
MANE-VU toward Assuring Reasonable Progress'' are together known as
the MANE-VU ``Ask.''
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II. What is the background for EPA's proposed action?

    Regional haze is visibility impairment that is produced by many
sources and activities which are located across a broad geographic area
and emit fine particles and their precursors (e.g., sulfur dioxide,
nitrogen oxides, and in some cases, ammonia and volatile organic
compounds). Fine particle precursors react in the atmosphere to form
fine particulate matter (PM2.5) (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and soil dust), which also impairs
visibility by scattering and absorbing light. Visibility impairment
reduces the clarity, color, and visible distance that one can see.
Visibility impairment caused by air pollution occurs virtually all the
time at most national parks and wilderness areas, many of which are
also referred to as Federal Class I areas.
    In the 1977 Amendments to the CAA, Congress initiated a program for
protecting visibility in the nation's national parks and wilderness
areas. Section 169A(a)(1) of the Act establishes 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 manmade air pollution.'' In 1990 Congress added
section 169B to the Act to address regional haze issues. On July 1,
1999 EPA promulgated the Regional Haze Rule (RHR) (64 FR 35713). The
requirement to submit a Regional Haze SIP applies to New Jersey and all
50 states, the District of Columbia and the Virgin Islands. 40 CFR
51.308(b) of the RHR required states to submit the first implementation
plan addressing regional haze visibility impairment no later than
December 17, 2007.
    On January 15, 2009, EPA issued a finding that New Jersey failed to
submit the Regional Haze SIP. New Jersey subsequently submitted its
Regional Haze SIP on July 28, 2009. EPA's January 15, 2009 finding
established a two-year deadline of January 15, 2011 for EPA to either
approve New Jersey's Regional Haze SIP, or adopt a Federal
implementation plan. This proposed action is intended to address the
January 15, 2009 finding.
    Because the pollutants that lead to regional haze can originate
from sources located across broad geographic areas, EPA has encouraged
the states and tribes across the United States to address visibility
impairment from a regional perspective. Five regional planning
organizations (RPOs) were developed to address regional haze and
related issues. New Jersey participates in the MANE-VU RPO, which also
includes the state and tribal governments of Connecticut, Delaware,
District of Columbia, Maine, Maryland, Massachusetts, New Hampshire,
New York, Pennsylvania, Rhode Island, Vermont, the Penobscot Nation,
and the St. Regis Mohawk Tribe.

III. What are the requirements for Regional Haze SIPs?

    The following is a basic explanation of the RHR. See 40 CFR 51.308
for a complete listing of the regulations under which this SIP revision
was evaluated.

A. The Act and the Regional Haze Rule (RHR)

    Regional haze SIPs must assure reasonable progress towards the
national goal of achieving natural visibility conditions in Class I
areas. Section 169A of the Act and EPA's implementing regulations
require states to establish long-term strategies for making reasonable
progress toward meeting this goal. Implementation plans must also give
specific attention to certain stationary sources that were in existence
on August 7, 1977, but were not in operation before August 7, 1962, and
require these sources, where appropriate, to install BART controls for
the purpose of eliminating or reducing

visibility impairment. The specific regional haze SIP requirements are
discussed in further detail below.

B. Determination of Baseline, Natural, and Current Visibility
Conditions

    The RHR establishes the deciview (dv) as the principal metric for
measuring visibility. This visibility metric expresses uniform changes
in haziness in terms of common increments across the entire range of
visibility conditions, from pristine to extremely hazy conditions.
Visibility is determined by measuring the visual range, which is the
greatest distance, in kilometers or miles, at which a dark object can
be viewed against the sky. The dv is calculated from visibility
measurements. Each dv change is an equal incremental change in
visibility perceived by the human eye. For this reason, EPA believes it
is a useful measure for tracking progress in improving visibility. Most
people can detect a change in visibility at one dv.\2\
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    \2\ The preamble to the RHR provides additional details about
the deciview (64 FR 35714, 35725 (July 1, 1999)).
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    The dv is used in expressing RPGs (which are interim visibility
goals towards meeting the national visibility goal), defining baseline,
current, and natural conditions, and tracking changes in visibility.
The regional haze SIPs must contain measures that ensure ``reasonable
progress'' toward the national goal of preventing and remedying
visibility impairment in Class I areas caused by manmade air pollution
by reducing anthropogenic emissions that cause regional haze. The
national goal is a return to natural conditions, i.e., manmade sources
of air pollution would no longer impair visibility in Class I areas.
    To track changes in visibility over time at each of the 156 Class I
areas covered by the visibility program (40 CFR 81.401-437) and as part
of the process for determining reasonable progress, the RHR requires
states to calculate the degree of existing visibility impairment at
each Class I area at the time of each regional haze SIP submittal and
periodically review progress every five years midway through each 10-
year planning period. To do this, the RHR requires states to determine
the degree of impairment (in dv) for the average of the 20 percent
least impaired (``best'') and 20 percent most impaired (``worst'')
visibility days over a specified time period at each of their Class I
areas. In addition, the RHR requires states to develop an estimate of
natural visibility conditions for the purposes of comparing progress
toward the national goal. Natural visibility is determined by
estimating the natural concentrations of pollutants that cause
visibility impairment and then calculating total light extinction based
on those estimates. EPA has provided guidance to states regarding how
to calculate baseline, natural and current visibility conditions.\3\
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    \3\ Guidance for Estimating Natural Visibility conditions under
the Regional Haze Rule, September 2003, (EPA-454/B-03-005 located at
http://www.epa.gov/ttncaaa1/t1/memoranda/rh_envcurhr_gd.pdf),
(hereinafter referred to as ``EPA's 2003 Natural Visibility
Guidance''), and Guidance for Tracking Progress Under the Regional
Haze Rule (EPA-454/B-03-004 September 2003 located at http://www.epa.gov/ttncaaa1/t1/memoranda/rh_tpurhr_gd.pdf)), (hereinafter
referred to as ``EPA's 2003 Tracking Progress Guidance'').
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    For the initial regional haze SIPs that were due by December 17,
2007, baseline visibility conditions were used as the starting points
for assessing current visibility impairment. Baseline visibility
conditions represent the degree of impairment for the 20 percent least
impaired days and 20 percent most impaired days at the time the
regional haze program was established. Using monitoring data for 2000
through 2004, the RHR required states to calculate the average degree
of visibility impairment for each Class I area, based on the average of
annual values over the five year period. The comparison of initial
baseline visibility conditions to natural visibility conditions
indicates the amount of improvement necessary to attain natural
visibility, while the future comparison of baseline conditions to the
then current conditions will indicate the amount of progress made. In
general, the 2000-2004 baseline period is considered the time from
which improvement in visibility is measured.

C. Determination of Reasonable Progress Goals (RPGs)

    The submission of a series of regional haze SIPs from the states
that establish RPGs for Class I areas for each (approximately) 10-year
planning period is the vehicle for ensuring continuing progress towards
achieving the natural visibility goal. The RHR does not mandate
specific milestones or rates of progress, but instead calls for states
to establish goals that provide for ``reasonable progress'' toward
achieving natural (i.e., ``background'') visibility conditions. In
setting RPGs, states must provide for an improvement in visibility for
the most impaired days over the (approximately) 10-year period of the
SIP, and ensure no degradation in visibility for the least impaired
days over the same period.
    States have significant discretion in establishing RPGs, but are
required to consider the following factors established in the Act and
in EPA's RHR: (1) The costs of compliance; (2) the time necessary for
compliance; (3) the energy and non-air quality environmental impacts of
compliance; and (4) the remaining useful life of any potentially
affected sources. States must demonstrate in their SIPs how these
factors are considered when selecting the RPGs for the best and worst
days for each applicable Class I area. (See 40 CFR 51.308(d)(1)(i)(A)).
States have considerable flexibility in how they take these factors
into consideration, as noted in our Reasonable Progress guidance.\4\ In
setting the RPGs, states must also consider the rate of progress needed
to reach natural visibility conditions by 2064 (referred to as the
``uniform rate of progress'' or the ``glidepath'') and the emission
reduction measures needed to achieve that rate of progress over the 10-
year period of the SIP. In setting RPGs, each state with one or more
Class I areas (``Class I State'') must also consult with potentially
``contributing states,'' i.e., other nearby states with emission
sources that may be affecting visibility impairment at the Class I
State's areas. (40 CFR 51.308(d)(1)(iv)).
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    \4\ Guidance for Setting Reasonable Progress Goals under the
Regional Haze Program, (``EPA's Reasonable Progress Guidance''),
July 1, 2007, memorandum from William L. Wehrum, Acting Assistant
Administrator for Air and Radiation, to EPA Regional Administrators,
EPA Regions 1-10 (pp.4-2, 5-1).
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D. Best Available Retrofit Control Technology (BART)

    Section 169A of the Act directs states to evaluate the use of
retrofit controls at certain larger, often uncontrolled, older
stationary sources in order to address visibility impacts from these
sources. Specifically, the Act requires states to revise their SIPs to
contain such measures as may be necessary to make reasonable progress
towards the natural visibility goal, including a requirement that
certain categories of existing stationary sources \5\ built between
1962 and 1977 procure, install, and operate the ``Best Available
Retrofit Control Technology (BART)'' as determined by the state. (CAA
169A(b)(2)(A)). States are directed to conduct BART determinations for
such sources that may be anticipated to cause or contribute to any
visibility impairment in a Class I area. Rather than requiring source-
specific BART controls, states

also have the flexibility to adopt an emissions trading program or
other alternative program as long as the alternative provides equal or
greater reasonable progress towards improving visibility than BART.
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    \5\ The set of ``major stationary sources'' potentially subject
to BART are listed in CAA section 169A(g)(7).
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    On July 6, 2005, EPA published the Guidelines for BART
Determinations Under the Regional Haze Rule at Appendix Y to 40 CFR
part 51 (hereinafter referred to as the ``BART Guidelines'') to assist
states in determining which of their sources should be subject to the
BART requirements and in determining appropriate emission limits for
each applicable source. The BART Guidelines require states to use the
approach set forth in the BART Guidelines in making a BART
applicability determination for a fossil fuel-fired electric generating
plant with a total generating capacity in excess of 750 megawatts. The
BART Guidelines encourage, but do not require states to follow the BART
Guidelines in making BART determinations for other types of sources.
    The BART Guidelines recommend that states address all visibility
impairing pollutants emitted by a source in the BART determination
process. The most significant visibility impairing pollutants are
sulfur dioxide (SO2), nitrogen oxides (NOX), and
PM. The BART Guidelines direct states to use their best judgment in
determining whether volatile organic compounds (VOCs), or ammonia
(NH3) and ammonia compounds impair visibility in Class I
areas.
    In their SIPs, states must identify potential BART sources,
described as ``BART-eligible sources'' in the RHR, and document their
BART control determination analyses. In making BART determinations,
section 169A(g)(2) of the CAA requires that states consider the
following factors: (1) The costs of compliance, (2) the energy and non-
air quality environmental impacts of compliance, (3) any existing
pollution control technology in use at the source, (4) the remaining
useful life of the source, and (5) the degree of improvement in
visibility which may reasonably be anticipated to result from the use
of such technology. States are free to determine the weight and
significance to be assigned to each factor. (70 FR 39170, (July 6,
2005)).
    A regional haze SIP must include source-specific BART emission
limits and compliance schedules for each source subject to BART. Once a
state has made its BART determination, the BART controls must be
installed and in operation as expeditiously as practicable, but no
later than five years after the date of EPA approval of the regional
haze SIP, as required in the Act (section 169A(g)(4)) and in the RHR
(40 CFR 51.308(e)(1)(iv)). In addition to what is required by the RHR,
general SIP requirements mandate that the SIP must also include all
regulatory requirements related to monitoring, recordkeeping, and
reporting for the BART controls on the source. States have the
flexibility to choose the type of control measures they will use to
meet the requirements of BART.

E. Long-Term Strategy (LTS)

    Consistent with the requirement in section 169A(b) of the Act that
states include in their regional haze SIP a 10 to 15 year strategy for
making reasonable progress, section 51.308(d)(3) of the RHR requires
that states include a Long-Term Strategy (LTS) in their SIPs. The LTS
is the compilation of all control measures a state will use to meet any
applicable RPGs. The LTS must include ``enforceable emissions
limitations, compliance schedules, and other measures as necessary to
achieve the reasonable progress goals'' for all Class I areas within,
or affected by emissions from, the state. (40 CFR 51.308(d)(3)).
    When a state's emissions are reasonably anticipated to cause or
contribute to visibility impairment in a Class I area located in
another state, the RHR requires the impacted state to coordinate with
the contributing states in order to develop coordinated emissions
management strategies. (40 CFR 51.308(d)(3)(i)). In such cases, the
contributing state must demonstrate that it has included in its SIP all
measures necessary to obtain its share of the emission reductions
needed to meet the RPGs for the Class I area. The RPOs have provided
forums for significant interstate consultation, but additional
consultations between states may be required to sufficiently address
interstate visibility issues. This is especially true where two states
belong to different RPOs.
    States should consider all types of anthropogenic sources of
visibility impairment in developing their LTS, including stationary,
minor, mobile, and area sources. At a minimum, states must describe how
each of the seven factors listed below is taken into account in
developing their LTS: (1) Emission reductions due to ongoing air
pollution control programs, including measures to address Reasonably
Attributable Visibility Impairment (RAVI); (2) measures to mitigate the
impacts of construction activities; (3) emissions limitations and
schedules for compliance to achieve the RPG; (4) source retirement and
replacement schedules; (5) smoke management techniques for agricultural
and forestry management purposes including plans as currently exist
within the state for these purposes; (6) enforceability of emissions
limitations and control measures; (7) the anticipated net effect on
visibility due to projected changes in point, area, and mobile source
emissions over the period addressed by the LTS. (40 CFR
51.308(d)(3)(v)).

F. Coordinating Regional Haze and Reasonably Attributable Visibility
Impairment (RAVI)

    As part of the RHR, EPA revised 40 CFR 51.306(c) regarding the LTS
for RAVI to require that the RAVI plan must provide for a periodic
review and SIP revision not less frequently than every three years
until the date of submission of the state's first plan addressing
regional haze visibility impairment, which was due December 17, 2007,
in accordance with 51.308(b) and (c). On or before this date, the state
must revise its plan to provide for review and revision of a
coordinated LTS for addressing reasonably attributable and regional
haze visibility impairment, and the state must submit the first such
coordinated LTS with its first regional haze SIP revision. Future
coordinated LTS's, and periodic progress reports evaluating progress
towards RPGs, must be submitted consistent with the schedule for SIP
submission and periodic progress reports set forth in 40 CFR 51.308(f)
and 51.308(g), respectively. The periodic reviews of a state's LTS must
report on both regional haze and RAVI impairment and must be submitted
to EPA as a SIP revision, in accordance with 51.308.

G. Monitoring Strategy and Other Implementation Plan Requirements

    Section 51.308(d)(4) of the RHR includes the requirement for a
monitoring strategy for measuring, characterizing, and reporting of
regional haze visibility impairment that is representative of all
mandatory Class I Federal areas within the state. The strategy must be
coordinated with the monitoring strategy required in section 51.305 for
RAVI. Compliance with this requirement may be met through participation
in the Interagency Monitoring of Protected Visual Environment (IMPROVE)
network. The monitoring strategy is due with the first regional haze
SIP, and it must be reviewed every five years.

H. Consultation With States and Federal Land Managers (FLMs)

    The RHR requires that states consult with FLMs before adopting and
submitting their SIPs. (40 CFR 51.308(i)). States must provide FLMs an
opportunity for consultation, in person and at least 60 days prior to
holding any public hearing on the SIP. This consultation must include
the opportunity for the FLMs to discuss their assessment of impairment
of visibility in any Class I area and to offer recommendations on the
development of the RPGs and on the development and implementation of
strategies to address visibility impairment. Further, a state must
include in its SIP a description of how it addressed any comments
provided by the FLMs. Finally, a SIP must provide procedures for
continuing consultation between the state and FLMs regarding the
state's visibility protection program, including development and review
of SIP revisions, five-year progress reports, and the implementation of
other programs having the potential to contribute to impairment of
visibility in Class I areas.

IV. What is EPA's analysis of New Jersey's regional haze submittal?

    On July 28, 2009 the State of New Jersey submitted a revision to
the New Jersey SIP to address regional haze in the State's Class I
Brigantine Wilderness Area as required by EPA's RHR.

A. Affected Class I Areas

    New Jersey contains a Class I area, the Brigantine National
Wildlife Refuge, where visual impairment that the FLMs have identified
as an important value that must be addressed in regional haze plans.
Emissions from New Jersey also influence the amount of visibility
impairment of Class I areas located in Maine, New Hampshire, and
Vermont. New Jersey's Regional Haze SIP will help to improve visibility
in these states. Thus, New Jersey is responsible for developing a
Regional Haze SIP that addresses its own and other Class I areas, that
describes its long-term emission strategy, its role in the consultation
processes, and how its SIP meets the other requirements in EPA's
regional haze regulations. Because New Jersey is home to a Class I
area, New Jersey has the additional responsibility to address the
following Regional Haze SIP elements: (a) Calculation of baseline and
natural visibility conditions, (b) establishment of RPGs, (c)
monitoring requirements, and (d) RAVI requirements as required by EPA's
RHR.

B. Long-Term Strategy/Strategies (LTS)

    As described above, the Long Term Strategy (LTS) is a compilation
of state-specific control measures relied on by the state to obtain its
share of emission reductions to support the RPGs for the Brigantine
National Wildlife Refuge. New Jersey's LTS for the first implementation
period, addresses the emissions reductions from Federal, state, and
local controls that take effect in the State from the baseline period
starting in 2002 until 2018. New Jersey participated in the MANE-VU RPO
regional strategy development process. As a participant, New Jersey
supported a regional approach towards deciding which control measures
to pursue for regional haze, which was based on technical analyses
documented in the following reports: (a) Contributions to Regional Haze
in the Northeast and Mid-Atlantic United States \6\; (b) Assessment of
Reasonable Progress for Regional Haze in MANE-VU Class I Areas \7\; (c)
Five-Factor Analysis of BART-Eligible Sources: Survey of Options for
Conducting BART Determinations \8\; and (d) Assessment of Control
Technology Options for BART-Eligible Sources: Steam Electric Boilers,
Industrial Boilers, Cement Plants and Paper, and Pulp Facilities.\9\
---------------------------------------------------------------------------

    \6\ NESCAUM Report at http://www.nescaum.org/documents/
contributions-to-regional-haze-in-the-northeast-and-mid-atlantic--
united-states/.
    \7\ MANE-VU Report at http://www.otcair.org/manevu/Document.asp?fview=Reports.
    \8\ NESCAUM Report at http://www.nescaum.org/documents/bart-final-memo-06-28-07.pdf/.
    \9\ NESCAUM Report at http://www.nescaum.org/documents/bart-control-assessment.pdf/.
---------------------------------------------------------------------------

    The LTS was developed by New Jersey, in coordination with MANE-VU,
identifying the emissions units within New Jersey that likely have the
largest impacts currently on visibility at the Brigantine National
Wildlife Refuge Class I area, estimating emissions reductions for 2018,
based on all controls required under Federal and state regulations for
the 2002-2018 period (including BART), and comparing projected
visibility improvement with the uniform rate of progress for the
Brigantine National Wildlife Refuge Class I area.
    New Jersey's LTS includes measures needed to achieve its share of
emissions reductions and includes enforceable emissions limitations,
compliance schedules, and other measures necessary to achieve the
reasonable progress goals established for the Brigantine National
Wildlife Refuge Class I area.
1. Emissions Inventory for 2018 With Federal and State Control
Requirements
    The emissions inventory used in the regional haze technical
analyses was developed by the Mid-Atlantic Regional Air Management
Association for MANE-VU with assistance from New Jersey. The 2018
emissions inventory was developed by projecting 2002 emissions, and
assuming emissions growth due to projected increases in economic
activity as well as applying reductions expected from Federal and state
regulations affecting the emissions of VOC and the visibility-impairing
pollutants NOX, PM10, PM2.5, and
SO2. The BART guidelines direct states to exercise judgment
in deciding whether VOC and NH3 impair visibility in their
Class I area(s). As discussed further below, MANE-VU demonstrated that
anthropogenic emissions of sulfates are the major contributor to
PM2.5 mass and visibility impairment at Class I areas in the
Northeast and Mid-Atlantic region. It was also determined that the
total ammonia emissions in the MANE-VU region are extremely small. In
addition, since VOC emissions are aggressively controlled through the
New Jersey ozone SIP, the pollutants New Jersey considered under BART
are NOX, PM10, PM2.5, and
SO2.
    In developing the 2018 reasonable progress goal, and the 2018
projection inventory, New Jersey relied primarily upon the information
and analyses developed by MANE-VU to meet the requirements of EPA's
regional haze rules. Based on information from the contribution
assessment and additional emission inventory analyses, MANE-VU
identified the following source categories for further examination for
reasonable measures:
     Coal and oil-fired EGUs;
     Point and area source industrial, commercial and
institutional (ICI) boilers;
     Cement and Lime Kilns;
     Heating oil; and
     Residential wood combustion.
    MANE-VU, for its member states and tribes, analyzed these potential
source categories based on the four factors listed in section
169A(g)(1) of the Act and in Section III.C of this action. New Jersey
and the MANE-VU states agreed with the analysis that determined that
reasonable controls existed for coal and oil-fired EGUs, industrial,
commercial and institutional (ICI) boilers and that reducing the sulfur
content of heating oil was a reasonable strategy. Additionally, MANE-VU
determined that due to the lack of specific data for the wide range of
residential wood boilers, it was not reasonable to set

particular reductions amounts for emissions from residential wood
boilers.
    New Jersey adopted controls on EGUs and boilers. While New Jersey's
plan does not include emission reduction regulations for residential
wood boilers, New Jersey will consider state specific wood burning
provisions, which was the strategy agreed to by the MANE-VU states. ICI
boiler controls were implemented as an Ozone Transport Commission (OTC)
regional measure for VOC and NOX controls that have benefits
for reducing regional haze. New Jersey does not have any cement or lime
kilns. More details on the adopted controls are described later in this
section.
    After identifying potential control measures and performing the
four factor analysis, MANE-VU performed initial modeling that showed
the visibility impacts from the implementation of the measures. The
initial modeling results showed that the projected 2018 visibility on
the 20% worst days at the Brigantine Wilderness area was at least as
good at the uniform rate of progress. Details of MANE-VU's initial
modeling were later documented in the MANE-VU Modeling for RPGs
report.\10\ Based on the modeling results and other analysis performed
by MANE-VU, the MANE-VU states developed ``Asks,'' which are ``emission
management'' strategies. These strategies served as the basis for the
consultation with the other states.
---------------------------------------------------------------------------

    \10\ MANE-VU Modeling for Reasonable Progress Goals. February 7,
2008.
---------------------------------------------------------------------------

    As part of the modeling needed to assess the emission reductions
needed to meet the RPG, MANE-VU developed emissions inventories for
four inventory source classifications: (1) Stationary point sources,
(2) area sources, (3) off-road mobile sources, and (4) on-road mobile
sources. The New York State Department of Environmental Conservation
also developed an inventory of biogenic emissions for the entire MANE-
VU region. Stationary point emission sources are those sources that
emit greater than a specified tonnage per year, depending on the
pollutant, with data provided at the facility level. Area source
emissions are from stationary sources whose individual emissions are
relatively small, but due to the large number of these sources, the
collective emissions from the source category could be significant.
Off-road mobile source emissions are from equipment that can move but
do not use the roadways. On-road mobile source emissions are from
automobiles, trucks, and motorcycles that use the roadway system. The
emissions from these sources are estimated by vehicle type and road
type. Biogenic sources emissions are from natural sources like trees,
crops, grasses, and natural decay of plants. Stationary point sources
emission data is tracked at the facility level. For all other source
types emissions are summed on the county level.
    There are many Federal and state control programs being implemented
that MANE-VU and New Jersey anticipate will reduce emissions between
the baseline period and 2018. Emission reductions from these control
programs were projected to achieve substantial visibility improvement
by 2018 in the Brigantine National Wildlife Refuge. To assess emissions
reductions from ongoing air pollution control programs, BART, and
reasonable progress goals; MANE-VU developed 2018 emissions projections
called Best and Final. The emissions inventory provided in the Best and
Final 2018 projections is based on adopted and enforceable
requirements, as well as Federal programs, such as Federal motor
vehicle control programs and maximum achievable control technologies
(MACT).
    These measures are included in the MANE-VU modeling used to
determine the amount of progress in the improvement of visibility in
Class I areas. MANE-VU States agreed to implement several measures at
the state level. These measures are: a timely implementation of BART
requirements, 90 percent or more reduction in sulfur dioxide at 167
stacks identified by MANE-VU (or comparable alternative measures), and
low sulfur fuel oil regulations (with limits specified for each state).
    Controls from various Federal MACT regulations were also utilized
in the development of the 2018 emission inventory projections. These
MACTs include the industrial boiler/process heater MACT, the combustion
turbine and reciprocating internal combustion engines MACTs, and the
VOC 2-, 4-, 7-, and 10-year MACT standards.
    EPA's industrial boiler/process heater MACT was vacated on June 8,
2007.\11\ The MANE-VU States, including the State of New Jersey,
included these controls in modeling for their regional haze SIPs. EPA
accepts these emission reductions in the modeling for the following
reasons. EPA expects to propose a new Industrial Boiler MACT rule to
address the vacatur in October 2011 and issue a final rule in April
2012, giving New Jersey time to assure the required controls are in
place prior to the end of the first planning period in 2018. In the
absence of an established MACT for boilers and process heaters, the
statutory language in section 112(j) of the Act specifies a schedule
for the incorporation of enforceable MACT-equivalent limits into the
Title V operating permits of affected sources. Should circumstances
warrant the need to enact section 112(j) of the Act for industrial
boilers, compliance with case-by-case MACT limits for industrial
boilers would occur no later than January 2015, which is well before
the 2018 RPGs for regional haze. The RHR also requires that any
resulting differences between emissions projections and actual
emissions reductions that may occur will be addressed during the five-
year review prior to the next regional haze SIP. In addition, the
expected reductions due to the original, vacated Industrial Boiler MACT
rule were relatively small compared to the State's projected total
SO2 emissions in 2018 (i.e., one to two percent of the
projected 2018 SOX, PM2.5 and coarse particulate
matter (PM10) inventory), and are not likely to affect any
of New Jersey's modeling conclusions. Thus, even if there is a need to
address discrepancies between the projected emissions reductions from
the now vacated Industrial Boiler MACT and actual reductions achieved
by the replacement MACT, we do not expect that this would be
significant enough to affect the adequacy of the New Jersey Regional
Haze SIP.
---------------------------------------------------------------------------

    \11\ See NRDC v. EPA, 489 F.3d 1250 (D.C. Cir. 2007).
---------------------------------------------------------------------------

    The MANE-VU States' goal was to reduce SO2 emissions
from the largest emission units in the eastern United States by 90
percent or if it was infeasible to achieve that level of reduction, an
alternative had to be identified that could include other point
sources. In New Jersey, there are four of the 167 units identified by
MANE-VU as having the highest SO2 emissions in the eastern
United States. New Jersey has reduced emissions from these four units
at each facility by more than 90 percent, thus meeting and exceeding
this portion of the reasonable progress goals.
    New Jersey is fulfilling its goal of achieving the emission
reductions needed to meet its contribution to the reasonable progress
goals projected by the MANE-VU modeling with the following measures:
BART controls on all BART-eligible facilities, 90 percent or more
control at the four New Jersey units from the 167 EGU units identified
by MANE-VU, reductions due to New Jersey's Mercury rule, adoption of
performance standards at all coal-fired boilers in New Jersey, adoption
of the

lower limits on fuel oil and the measures listed in Table 1 developed
for other programs that support regional haze emission reduction goals.

                   Table 1--Additional State Control Measures That Support Regional Haze Goals
----------------------------------------------------------------------------------------------------------------
         Control measures                   Status                                  Notes
----------------------------------------------------------------------------------------------------------------
Diesel Idling Rule Changes.......  Rule adopted May 25,     Direct PM2.5 and NOX reductions.
                                    2007.
High Electrical Demand Day units.  Rule adopted March 20,   SO2 and NOX reductions.
                                    2009.
Oil and gas Fired Electric         Rule adopted March 20,   NOX reductions.
 Generating Units (EGUs).           2009.
Sewage Sludge Incinerators.......  Rule adopted March 20,   NOX reductions.
                                    2009.
Case by Case NOX Emission Limit    Rule adopted March 20,   NOX reductions.
 Determinations (FSELs/AELs).       2009.
Glass Manufacturing..............  Rule adopted March 20,   NOX reductions but most benefits will occur post-
                                    2009.                    2010.
Municipal Waste Combustor          Rule adopted March 20,   NOX reductions.
 (Incinerator) NOX Rule.            2009.
Asphalt Production Plants........  Rule adopted March 20,   NOX reductions.
                                    2009.
Diesel Smoke (I/M Cutpoint) Rule   Rule adopted April 3,    PM2.5 and NOX reductions.
 Changes.                           2009.
Onroad New Jersey Low Emission     Adopted November 28,     VOC, NOX, SO2, and direct PM2.5 reductions.
 Vehicle (LEV) Program.             2005.
Energy Master Plan...............  Finalized October 22, 2008.
----------------------------------------------------------------------------------------------------------------

    Federal measures and other control programs relied upon by New
Jersey include EPA's NOX SIP Call; measures adopted for New
Jersey's 1-hour and 8-hour ozone attainment demonstration SIPs, Federal
2007 heavy duty diesel engine standards for on-road trucks and busses;
Federal Tier 2 tailpipe controls for on-road vehicles; Federal large
spark ignition and recreational vehicle controls; and EPA's non-road
diesel rules. New Jersey also relied on emission reductions from
various Federal MACTs that were vacated, but, as described above, EPA
expects these rules to be adopted by 2018, and should not negatively
affect New Jersey's fulfillment of its commitment to meet the RPGs. In
addition, the RHR requires that any resulting differences between
emissions projections and actual emissions reductions that may occur
will be addressed during the five-year review prior to the next 2018
Regional Haze SIP.
    Tables 2 and 3 are summaries of the 2002 baseline and 2018
estimated emissions inventories for New Jersey. The 2018 estimated
emissions include emission growth as well as emission reductions due to
ongoing emission control strategies to meet RPGs and BART.
    These emissions were used in the modeling that demonstrated that
the Brigantine Wildlife Refuge Class I area would meet the Reasonable
Progress Goal set for 2018. New Jersey adopted the emission reduction
programs that are forecast to improve visibility to meet the goal for
2018, thus New Jersey is projected to achieve its goal for the first
implementation period.

                                       Table 2--New Jersey/MANE-VU Modeling Inventory Summary, 2002 Base Inventory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                NOX             VOC             CO              NH3        Primary PM10    Primary PM2.5        SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................          51,593          16,547          12,301               0           6,072           4,779          61,217
Area....................................          26,692         167,883          97,657          17,572          31,664          17,044          10,744
Non-Road................................          63,479          83,919         704,396              43           5,501           4,997          15,686
On-Road.................................         161,289         110,529       1,461,653           7,316           3,785           2,529           3,627
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................         303,053         378,877       2,276,006          24,931          47,021          29,350          91,273
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                    Table 3--New Jersey/MANE-VU Modeling Inventory Summary, 2018 Projection Inventory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                NOX             VOC             CO              NH3        Primary PM10    Primary PM2.5        SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................          31,100          20,267          19,855             564           8,969           7,745          23,421
Area....................................          21,684         134,089          83,119          21,435          31,874          15,220           1,781
Non-Road................................          41,166          53,625         831,880              52           3,489           3,143             832
On-Road.................................          30,150          31,415         742,000           8,555           1,232           1,140             785
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................         124,100         239,396       1,676,854          30,606          45,564          27,247          26,819
--------------------------------------------------------------------------------------------------------------------------------------------------------

2. Modeling To Support the LTS and Determine Visibility Improvement for
Uniform Rate of Progress
    MANE-VU performed modeling for the regional haze LTS for the
states, the District of Columbia and tribal nations located in Mid-
Atlantic and Northeast portions of the United States. The modeling
analysis is a complex technical evaluation that began with selection of
the modeling system. MANE-VU used a modeling system described below and
discussed in more detail in the TSD.
    The EPA's Models-3/Community Multiscale Air Quality (CMAQ) version
4.5.1 is a photochemical grid model capable of addressing ozone, PM,
visibility and acid deposition on a regional scale. CMAQ modeling of
regional haze in the MANE-VU region for 2002 and 2018 was carried out
on a grid of 12x12 kilometer (km) cells that covers the 11 MANE-VU
States and the District of Columbia and states adjacent to them. This
grid is nested within a

larger national CMAQ modeling grid of 36x36 km grid cells that covers
the continental United States, portions of Canada and Mexico, and
portions of the Atlantic and Pacific Oceans along the east and west
coasts. Selection of a representative period of meteorology is crucial
for evaluating baseline air quality conditions and projecting future
changes in air quality due to changes in emissions of visibility-
impairing pollutants. MANE-VU conducted an in-depth analysis that
resulted in the selection of the entire year of 2002 (January 1-
December 31) as the best period of meteorology available for conducting
the CMAQ modeling. The MANE-VU States' modeling was developed
consistent with EPA guidance.\12\
---------------------------------------------------------------------------

    \12\ EPA's Guidance on the Use of Models and Other Analyses for
Demonstrating Attainment of Air Quality Goals for Ozone,
PM2.5, and Regional Haze, located at http://www.epa.gov/scram001/guidance/guide/final-03-pm-rh-guidance.pdf, (EPA-454/B-07-
002), April 2007, and EPA document, Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations, located at
http://www.epa.gov/ttnchie1/eidocs/eiguid/index.html, EPA-454/R-05-
001, August 2005, updated November 2005 (``EPA's Modeling
Guidance'').
---------------------------------------------------------------------------

    MANE-VU examined the model performance of the regional modeling for
the areas of interest before determining whether the CMAQ model results
were suitable for use in the regional haze assessment of the LTS and
for use in the modeling assessment. The modeling assessment predicts
future levels of emissions and visibility impairment used to support
the LTS and to compare predicted, modeled visibility levels with those
on the uniform rate of progress. In keeping with the objective of the
CMAQ modeling platform, the air quality model performance was evaluated
using graphical and statistical assessments based on measured ozone,
fine particles, and acid deposition from various monitoring networks
and databases for the 2002 base year. MANE-VU used a diverse set of
statistical parameters from the EPA's Modeling Guidance to stress and
examine the model and modeling inputs. Once MANE-VU determined the
model performance to be acceptable, MANE-VU used the model to assess
the 2018 RPGs using the current and future year air quality modeling
predictions, and compared the RPGs to the uniform rate of progress.
    In accordance with 40 CFR 51.308(d)(3), New Jersey provided the
supporting documentation for all required analyses used to determine
the State's LTS. The technical analyses and modeling used to develop
the glide path and to support the LTS are consistent with EPA's RHR,
and interim and final EPA Modeling Guidance. EPA accepts the MANE-VU
technical modeling to support the LTS and determine visibility
improvement for the uniform rate of progress because the modeling
system was chosen and used in accordance with EPA Modeling Guidance.
EPA agrees with the MANE-VU model performance procedures and results,
and that the CMAQ is an appropriate tool for the regional haze
assessments for the New Jersey LTS and Regional Haze SIP.
3. Relative Contributions of Pollutants to Visibility Impairment
    An important step toward identifying reasonable progress measures
is to identify the key pollutants contributing to visibility impairment
at each Class I area. To understand the relative benefit of further
reducing emissions from different pollutants, MANE-VU developed
emission sensitivity model runs using CMAQ to evaluate visibility and
air quality impacts from various groups of emissions and pollutant
scenarios in the Class I areas on the 20 percent worst visibility days.
    MANE-VU's contribution assessment demonstrated that sulfate is the
major contributor to PM2.5 mass and visibility impairment at
Class I areas in the Northeast and Mid-Atlantic Region. Sulfate
particles commonly account for more than 50 percent of particle-related
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. In
particular, for the Brigantine National Wildlife Refuge Class I area,
on the 20 percent worst visibility days in 2000-2004, sulfate accounted
for 66 percent of the particles responsible for light extinction. After
sulfate, organic carbon (OC) consistently accounts for the next largest
fraction of light extinction due to particles. Organic carbon accounted
for 13 percent of light extinction on the 20 percent worst visibility
days for Brigantine, followed by nitrate that accounts for 9 percent of
light extinction.
    The emissions sensitivity analyses conducted by MANE-VU predict
that reductions in SO2 emissions from EGU and non-EGU
industrial point sources will result in the greatest improvements in
visibility in the Class I areas in the MANE-VU region, more than any
other visibility-impairing pollutant. As a result of the dominant role
of sulfate in the formation of regional haze in the Northeast and Mid-
Atlantic Region, MANE-VU concluded that an effective emissions
management approach should rely heavily on broad-based regional
SO2 control efforts in the eastern United States. EPA
proposes to accept this conclusion as a reasonable strategy in the
eastern United States where reductions in SO2 emissions will
result in the greatest improvements in visibility.
4. Reasonable Progress Goals
    New Jersey contains a Class I area, the Brigantine National
Wildlife Refuge Class I area, located on the New Jersey shoreline,
north of Atlantic City. The RHR at 40 CFR 51.308(d)(1) requires states
to establish RPGs for each Class I area within the state (expressed in
deciviews) that provide for reasonable progress towards achieving
natural visibility. MANE-VU calculated the RPG for the Class I areas in
the MANE-VU states, and the CMAQ projections of the effect of emission
reductions on visibility in the target year at the end of the first
period, 2018, as shown in Table 4.

Table 4--Reasonable Progress Goals and Projected Future Visibility for the Brigantine Wilderness Area, Developed
                                                   by MANE-VU
----------------------------------------------------------------------------------------------------------------
                                                                   Natural
                                                  Baseline        background       Reasonable       2018 CMAQ
                                                 visibility     conditions for   progress  goal    projections
                                                (2000-2004)          2064           for 2018
----------------------------------------------------------------------------------------------------------------
20% Worst Days..............................             29.0             12.2             25.1             25.1
20% Best Days...............................             14.3              5.5             14.3             12.2
----------------------------------------------------------------------------------------------------------------
(All values expressed as deciviews--lower deciviews means better visibility.)

    From the MANE-VU analysis, New Jersey determined that if the MANE-
VU states adopted certain measures, and states in the surrounding
regions adopted similar measures, the Class I areas would meet the RPG
for the first progress period ending in 2018. These measures for the
MANE-VU states are: Implementation of BART requirements, a 90 percent
reduction in SO2 emissions from 167 EGU emission points (or
equivalent emission reduction) and a low sulfur fuel oil strategy. New
Jersey adopted regulations sufficient to meet its contribution to the
reduction of emissions needed to provide reasonable progress towards
achieving natural visibility: A 90 percent or greater reduction in
SO2 emissions from each of the four EGU stacks located in
New Jersey, adoption of a low sulfur fuel oil strategy, implementation
of BART requirements during the first progress period, as well as
continued evaluation of other control measures to reduce SO2
and NOX emissions.
    The MANE-VU states' goal was to reduce SO2 emissions
from the highest emission stacks in the eastern United States by 90
percent or, if it was infeasible to achieve that level of reduction, an
alternative had to be identified that could include other point
sources. In New Jersey, there are four of the 167 units identified by
MANE-VU as having the highest emissions in the eastern United States.
New Jersey has reduced emissions from these sources at each facility by
more than 90 percent, thus meeting this portion of the reasonable
progress measures.
    The modeling predicted that these emission control regulations
would result in better visibility which would meet the 25.1 deciviews
goal of reasonable progress by 2018 for the Brigantine Class I area. At
the time of MANE-VU modeling, some of the other states with sources
potentially impacting visibility, in the Class I areas in both New
Jersey and the rest of the MANE-VU domain, had not yet made final
control determinations for BART, and thus, these controls are not
included in the modeling prepared by MANE-VU and used by New Jersey. At
that time, not all of the emission reductions from New Jersey's BART-
eligible sources were included in the modeling. Any controls resulting
from those determinations will provide additional emissions reductions
and resulting visibility improvement, which give further assurances
that New Jersey accomplished its share of emission reductions needed to
RPGs at all Class I areas affected by New Jersey's emissions. This
modeling demonstrates that the 2018 base control scenario provides for
an improvement in visibility equal to the uniform rate of progress for
the Brigantine area Class I areas for the most impaired days over the
period of the implementation plan and ensures no degradation in
visibility for the least impaired days over the same period.
    The modeling supporting the analysis of these RPGs is consistent
with EPA guidance prior to the CAIR remand. The regional haze
provisions specify that a state may not adopt a RPG that represents
less visibility improvement than is expected to result from other CAA
requirements during the implementation period. 40 CFR 51.308(d)(1)(vi).
Therefore, the CAIR states with Class I areas, like New Jersey, took
into account emission reductions anticipated from CAIR in determining
their 2018 RPGs. MANE-VU approximated the impact of CAIR by reducing
emissions from 167 EGUs by ninety percent. But this reduction was
larger, in total tons of emissions reduced, than the reductions
expected from CAIR, so MANE-VU added emissions across the modeling
domain to more closely approximate the emission reductions from CAIR.
This way, MANE-VU States would not overestimate the RPG in case states
used the CAIR program as their response to MANE-VU's ``ask'' of ninety
percent reductions from the 167 EGUs in the eastern United States.
    As discussed in Section I of this action, EPA anticipates that the
CSAPR will result in similar or better improvements in visibility than
those predicted from CAIR. Because the CSAPR was recently finalized,
EPA does not know at this time how it will affect any individual Class
I area and cannot accurately model future conditions based on its
implementation. However, by the time New Jersey is required to
undertake its five year progress review, it is likely that the impact
of the CSAPR's contribution to visibility impairment in Class I areas
in New Jersey and other states will be meaningfully assessed. Since New
Jersey implemented greater than ninety percent control at each of its
EGUs that would have been subject to CAIR, which would exceed the
emission reductions in New Jersey under CAIR or the CSAPR, it is likely
that New Jersey will have contributed its share of reductions that were
modeled to produce the RPG at New Jersey's Class I area and other Class
I areas impacted by New Jersey. If, for a particular Class I areas,
these reductions do not provide similar or greater benefits than CAIR
and meeting the RPGs at one of its Class I areas is in jeopardy, the
State will be required to address this circumstance in its five year
review.
    The RPG for the Class I area in New Jersey (and other states' Class
I areas affected by New Jersey) are based on modeled projections of
future conditions that were developed using the best available
information at the time the analysis was completed. While MANE-VU's
emission inventory used for modeling included estimates of future
emission growth, projections can change as additional information
regarding future conditions becomes available. It would be both
impractical and resource-intensive to require a state to continually
adjust the RPG every time an event affecting these future projections
changed. At the same time, EPA established a requirement for a five-
year, midcourse review and, if necessary, correction of the states'
regional haze plans. See 40 CFR 52.308(g). New Jersey commits to the
midcourse review and submitting revisions to the regional haze plan
where necessary.
    Altogether, these emission controls--a 90 percent reduction in SO2
emissions from EGUs, emission reductions from boilers and a low sulfur
fuel oil strategy--are reasonable measures for the reduction strategy
required by EPA's RHR. EPA agrees that, combined with New Jersey's BART
program, these reductions will provide the emission reductions New
Jersey needs to meet its share of the improvements in visibility needed
to meet the RPG goal for Brigantine and to assist visibility
improvement at other Class I areas affected by New Jersey's emissions.
    In order to address a timely implementation of BART, as described
in Section IV.B.6. of this action, New Jersey established BART
emissions limits for three facilities: PSEG Hudson Generating Station,
Chevron Products and ConocoPhillips Bayway Refinery. For two other
facilities, Amerada Hess Port Reading Refinery and Sunoco Eagle Point,
New Jersey's analyses determined that their emissions were lower than
the 250 tons per year threshold to make them eligible for emission
reductions under BART. The BART limitations are already in effect for
the BART-affected sources, except for additional controls for nitrogen
oxides at the PSEG Hudson Generating Station, which will become
effective no later than May 1, 2015. New Jersey is revising the permits
for these sources to include the modifications needed to meet the BART
requirements.
    In summary, New Jersey used the MANE-VU analysis which defined the
reasonable progress goals, and reasonable measures. The reasonable
measures analyses, considered the cost

of compliance, the time necessary for compliance, the energy and non-
air quality environmental impacts, and the remaining useful life of the
existing sources subject to such requirements.
    Using input from the MANE-VU consultations, the benefits from the
implementation of the identified measures were modeled to project the
2018 visibility levels. These projections serve as the 2018 Reasonable
Progress Goal. For the Brigantine Wilderness Area, the 2018 projection
is 25.1 deciviews. This projection meets the Uniform Rate of Progress
goal developed per EPA's RHR.
    Accordingly, EPA proposes to approve New Jersey's RPG for the
Brigantine Wilderness Area of the Edwin B. Forsythe National Wildlife
Refuge, and proposes that New Jersey's emission reductions will provide
its share of the reductions needed to achieve the RPG at Brigantine, as
well as other Class I areas in the Northeast United States. Letters
from states with Class I areas affected by New Jersey's emissions did
not ask for any additional controls beyond those specified in the MANE-
VU analyses.
5. Subchapter 9--Sulfur In Fuels
    On September 20, 2010, New Jersey satisfied a commitment included
in the Regional Haze SIP by adopting revisions to New Jersey Subchapter
9 which implements reductions in the sulfur content of fuel oil, which
will aid in reducing sulfates that cause decreased visibility. This
regulation will implement low sulfur fuel oil provisions that will
reduce the amount of sulfur in fuel oils that are stored, offered for
sale, sold, or exchanged in trade for use in New Jersey. On December 9,
2010, New Jersey submitted Subchapter 9 to EPA as a revision to its
SIP. New Jersey completed all the administrative requirements for this
rule, including a public hearing and response to comments.
    The sulfur in fuel limits in New Jersey's rule are the same as the
levels of control included in the MANE-VU analysis of reasonable
controls for the haze SIP. MANE-VU included these controls in the
modeling that showed that the Brigantine area would achieve the
reasonable progress goals.
    The regulation will reduce the sulfur content in all distillate
heating oil (No. 2 and lighter) to 500 parts per million (ppm) by June
1, 2014 and to 15 ppm by July 1, 2016. New Jersey's rule also reduces
the sulfur content for No. 4 fuel oil to 2,500 ppm and No. 5, No. 6,
and heavier fuel oils to 5,000 ppm for Zones 1, 2, 3 and 5 and 3,000
ppm for Zones 4 and 6 by July 1, 2014. By removing the sulfur in the
fuel oils, sulfur oxide emissions and particulate emissions will be
reduced which will benefit both the Regional Haze SIP and the
attainment of the PM 2.5 national ambient air quality standard.
Subchapter 9 has been included in New Jersey's PM 2.5 SIP revision.
    Subchapter 9 also contains maximum allowable sulfur dioxide
emission limits, expressed in pounds per million BTU, for those sources
that chose to control their emissions with control devices. The
compliance dates for these limits are the same as for the fuel oil
compliance dates. Subchapter 9 provides provisions for the optional use
of an alternative emission control plan based on a mathematical
combination that must first be approved by New Jersey. These provisions
require that for each 24-hour period emissions will not exceed the
quantity of sulfur dioxide expressed in pounds per million BTU gross
heat input as set forth in Subchapter 9's Tables 2A and 2B. Additional
requirements must be satisfied including performing an air quality
modeling analysis to insure that the national ambient air quality
standards will not be exceeded. These provisions are designed to insure
that the use of optional alternative emission controls plans will
result in same or greater emission reductions.
    New Jersey completed all the administrative requirements for this
rule, including a public hearing and addressed the public comments.
Since New Jersey's sulfur in fuel rule meets the sulfur limits in the
MANE-VU ``ask,'' and meets administrative requirements, EPA proposes to
approve New Jersey's Subchapter 9, for use in both the Regional Haze
SIP and the PM 2.5 SIP.
6. BART
    BART is an element of New Jersey's LTS, as well as a requirement to
evaluate controls for older sources that affect Class I areas. The BART
regional haze requirement consists of three steps: (a) Identification
of all the BART eligible sources; (b) an assessment of whether the BART
eligible sources are subject to BART; and (c) the determination of the
BART controls.
a. BART-Eligible Sources in New Jersey
    The first component of a BART evaluation is to identify all the
BART eligible sources. The sources in Table 5 were identified by New
Jersey in its July 2009 Regional Haze SIP and met the following
criteria to be classified as BART eligible:
     One or more emissions units at the facility are within one
of the 26 categories listed in the BART Guidelines (70 FR 39158-39159);
     The emission unit(s) was in existence on August 7, 1977
and begun operation after August 6, 1962;
     Potential emissions of SO2, NOX, and
PM10 from subject units are 250 tons or more per year.
    These criteria are from section 169A(b)(2)(A) of the Act, codified
in 40 CFR Part 51, Appendix Y.

                     Table 5--BART-Eligible Facilities Identified by the State of New Jersey
----------------------------------------------------------------------------------------------------------------
                 Source                           Pollutants               Location (county)       Facility I.D.
----------------------------------------------------------------------------------------------------------------
PSEG--Hudson............................  NOX, SO2, PM..............  Hudson....................           12202
Chevron.................................  NOX, SO2, PM..............  Middlesex.................           18058
Amerada Hess............................  NOX, SO2..................  Middlesex.................           17996
ConocoPhillips..........................  NOX, PM, SO2..............  Union.....................           41805
Sunoco Eagle Point......................  NOX, PM, SO2..............  Gloucester................           55781
----------------------------------------------------------------------------------------------------------------

    The BART Guidelines recommend addressing SO2,
NOX, and PM10 as visibility-impairment
pollutants. The Guidelines note that states can decide whether to
evaluate VOC or ammonia emissions. New Jersey did not develop
additional strategies for VOC or ammonia emissions in its SIP. EPA
proposes to agree with New Jersey's determination because of the lack
of tools available to estimate emissions and subsequently model VOC and
ammonia effects on visibility, and because New Jersey is aggressively
addressing VOCs through its approved ozone SIPs. In summary, EPA agrees
with New Jersey's determination that SO2, NOX,
PM10, and PM2.5 are the pollutants reasonably
anticipated to contribute to visibility impairment to target under
BART.

    The second component of the BART evaluation is to identify those
BART eligible sources that may reasonably be anticipated to cause or
contribute to visibility impairment at any Class I area. As discussed
in the BART guidelines, a state may choose to consider all BART
eligible sources to be subject to BART (70 FR 39.161). The MANE-VU
Board decided in June 2004 that because of the collective importance of
BART sources, BART determinations should be made by the MANE-VU states
for each BART eligible source. New Jersey followed this approach by
identifying each of its BART eligible sources as subject to BART, (see
Table 5 above), but found upon further review, that emissions from
Amerada Hess and Sunoco Eagle Point made them ineligible for BART
controls. In its March 2011 supplement to the RH SIP, New Jersey
determined that for Amerada Hess and Sunoco Eagle Point, the permitted
emissions for these BART-eligible facilities were less than the 250
tons per year threshold for each of the pollutants regulated under the
Regional Haze regulations (see section 169A(g)(7) of the Act).
Therefore, New Jersey concluded they were not eligible for BART
controls.
b. Identification and Evaluation of Additional BART-Eligible Sources in
New Jersey
    During EPA's review of New Jersey's July 2009 and March 2011
Regional Haze SIP, EPA discovered that two other facilities within the
State had units that were BART eligible. These two facilities were not
originally identified by New Jersey as BART eligible because the
facilities indicated to the state that they planned to shut down. Later
the facilities withdrew their requests.
    The first BART eligible source, Unit 10 at Vineland Municipal
Electric Utility's Howard M. Down Station is under a Federal consent
decree \13\ to either install additional pollution control measures or
to permanently shut down by September 1, 2012. On July 1, 2011,
Vineland's Director submitted written certification to EPA and New
Jersey that Unit 10 will be retired from service by September 1, 2012.
Vineland is required to submit an application to modify its permit by
July 30, 2011 and New Jersey will need to submit this element of the
permit to EPA as a supplement to the RH SIP by November 2011. Another
Vineland source is a distillate fuel oil-fired emergency generator that
is considered BART, but EPA agrees that it does not need additional
controls because its emissions are small and the unit has not operated
for at least 10 years.
---------------------------------------------------------------------------

    \13\ U.S. District Court in New Jersey, Civil Action 1:11-cv-
1826(RMB-JS), see paragraph 14.
---------------------------------------------------------------------------

    The second BART eligible facility is the BL England Generating
Station owned by RC Cape May Holding. This facility has three electric
generating units that are BART eligible--Units 1, 2 and 3--as well as
three support units including a coal handling system that supports the
two coal-fired boilers, Units 1 and 2; a natural draft cooling tower
that supports the oil fired boiler, Unit 3; and an emergency fire water
diesel engine. Units 1 and 2 are subject to an amended Administrative
Consent Order (ACO) by New Jersey that requires the units either to
repower by December 15, 2011 or meet performance standards by a date
certain. Under the ACO, Unit 1 is to add SCR controls for
NOX, a scrubber for SO2 controls and upgrade the
electrostatic precipitator to meet the new performance standards by
December 15, 2013. EPA considers that by December 2013, if Unit 1
modifies to meet performance standards, it will be implementing maximum
control measures for limiting emissions of NOX,
SO2 and PM, which meets EPA's BART requirements. Unit 2 is
subject to an amended ACO with New Jersey to install selective
catalytic reduction (SCR) by May 1, 2012 to reduce emissions of
NOX. Unit 2 currently implements controls for limiting
SO2 emissions with wet scrubbers and PM emissions with
electrostatic precipitators (ESP). EPA considers that, if the Unit 2
implements these NOX controls by May 12, 2012, Unit 2 will
be implementing maximum control measures for limiting emissions of
NOX, SO2 and PM, and will meet EPA's BART
requirements. Unit 3 combusts No. 6 Fuel Oil and primarily operates
during the summer season on days when the demand for electricity is
high. Since 2008, the annual operating capacity has averaged about 3%
and has not been more than 32% since 1999. This unit implements SNCR
controls for NOX and is required to comply with a
NOX emission limit of 2.0 lb/MW-hr (equivalent to about 0.20
lb/MM BTU) by May 1, 2015. In addition, to control SO2
emission, this unit must combust fuel oil with a sulfur limit of 0.50%
by July 1, 2014. EPA considers that, by May 15, 2015, Unit 3 will be
implementing maximum controls for limiting emissions of NOX,
SO2 and PM and will meet EPA's BART requirements. For the
three remaining support systems (coal handling system, cooling tower,
and the emergency diesel engine. EPA considers the existing operations
to be BART. In addition, RC Cape May, has indicated it is evaluating
the conversion of all three electric steam generating units to natural
gas or No. 2 fuel oil. To the extent that RC Cape May decides to
convert one or all of the units, New Jersey anticipates that RC Cape
May would submit a specific proposal that addresses applicable
requirements including BART. For additional details the reader is
referred to the TSD.
c. BART Evaluations for Sources Identified as BART by New Jersey
    The final component of a BART evaluation is making BART
determinations for all BART subject sources. In making BART
determinations, section 169A(g)(2) of the Act requires that states
consider the following factors: (1) The costs of compliance; (2) the
energy and non-air quality environmental impacts of compliance; (3) any
existing pollution control technology in use at the source; (4) the
remaining useful life of the source; and (5) the degree of improvement
in visibility that may reasonably be anticipated to result from the use
of such technology. However, a source that implements the maximum
feasible level of control for its emissions has met the BART
requirements, and no further analysis is needed. Conversely, a source
that limits its emissions via an enforceable permit limit no longer
needs to be subject to BART review.
    NJDEP properly determined that Chevron Products, ConocoPhillips
Bayway Refinery, and PSEG Hudson Generating Station are subject to BART
review. Chevron Products is reducing its annual combustion limit to
bring the facility's potential to emit NOX to less than 250
tons per year (tpy) by March 15, 2011, so no pollutants exceed the BART
threshold and Chevron Products will not be subject to further BART
analyses. The ConocoPhillips Bayway Refinery has NOX,
SO2, and PM controls, emission limits, averaging times, and
compliance dates in a Federally enforceable consent decree with New
Jersey and EPA. Also, the consent decree requires all the BART-
qualified process heaters at the Bayway facility to eliminate oil
burning, and to only burn refinery fuel gas with hydrogen sulfide
(H2S) content less than 162 ppmvd in compliance with NSPS
subpart J. New Jersey expects full implementation by June 30, 2011. EPA
proposes approval of these BART evaluations since they were based on
maximum feasible controls or a multi-factor analysis.
    PSEG Hudson Generating Station has two boilers serving electric
generating units (E1 and E2) and two coal handling systems (E22 and
E23) that are subject to BART review. One boiler is coal-fired

(E2) and subject to controls and Federally enforceable emission limits
effective December 31, 2010, due to a Federally enforceable consent
decree. The other boiler (E1) primarily combusts natural gas but is
also permitted to burn No. 6 fuel oil.
    At PSEG, the coal receiving system (E22) and the coal reclaim
system (E23) are support systems to coal-fired boiler E2 with the
potential to emit particulate emissions only. The conveying systems are
covered and the coal piles are controlled with a water dust suppression
system. New Jersey determined that the new selective catalytic
reduction (SCR) and existing low NOX burners (LNBs), new
flue gas desulfurization (FGD), and new bag house air pollution control
systems for oxides of nitrogen (NOX), sulfur dioxide
(SO2) and particulate matter (PM), respectively, for coal-
fired boiler E2, and the existing PM controls for the two coal handling
systems, are BART. In addition PSEG has submitted an application to
modify the Hudson operating permit to include the following more
stringent NOX emission limits: 1.0 lb/MW-hr when burning
natural gas and 2.0 lb/MW-hr when burning No. 6 fuel oil, with a
compliance date of May 1, 2015, to coincide with the requirements of
the revised NOX rule at N.J.A.C. 7:27-19.4 Table 3 for E1;
and to only burn No. 6 fuel oil, already restricted to 0.3% sulfur by
weight, in this boiler when natural gas is curtailed, effective upon
approval of the permit modification but no later than December 31,
2011.
    New Jersey's BART requirements must be included as operating permit
conditions in accordance with 40 CFR part 70, and the State regulations
promulgated at N.J.A.C. 7:27-22. Chevron, PSEG Hudson, and
ConocoPhillips have submitted timely permit modification applications
to incorporate the BART requirements. New Jersey has approved the
permit modifications for Chevron and PSEG Hudson and has proposed the
permit modifications for ConocoPhillips. When all permit modifications
are completed, New Jersey will submit all of the BART determinations
and associated documents and permits to EPA as source-specific SIP
revisions.
    EPA has reviewed New Jersey's BART determinations for all of the
BART eligible sources, including all supporting documentation,
information and proposed permit modifications. New Jersey has requested
public comment on the proposed permit modifications, which identify the
required BART controls, and the comment periods have closed. New Jersey
is in the process of addressing any comments received and issuing the
permit modifications in final form. EPA proposes to approve New
Jersey's BART determinations, including the source-specific permit
modifications as proposed by New Jersey.
    This proposed approval is being proposed under a procedure called
parallel processing, whereby EPA proposes rulemaking action
concurrently with the state's procedures for amending its regulations
or in this instance amending source specific operating permits. If the
proposed operating permit revisions are substantially changed in areas
other than those identified in this document, EPA will evaluate those
changes and may publish another notice of proposed rulemaking. If no
substantial changes are made other than those areas cited in this
document, EPA will publish a final rulemaking on the revisions. The
final rulemaking action by EPA will occur only after the SIP revision
has been adopted by New Jersey and submitted formally to EPA for
incorporation into the SIP.
    EPA proposes to approve New Jersey's BART requirements based on the
BART determinations discussed above and the respective BART limitations
on emissions, source operation and fuel use. New Jersey's BART
determinations contain the appropriate regulatory requirements related
to monitoring, recordkeeping, and reporting for the BART controls on
the sources. Lastly, New Jersey's BART determinations require BART
controls be installed and in operation as expeditiously as practicable,
but no later than five years after the date of EPA approval of the
Regional Haze SIP, as required in the CAA and in the RHR.

C. Consultation With States and Federal Land Managers

    On May 10, 2006, the MANE-VU State Air Directors adopted the Inter-
RPO State/Tribal and FLM Consultation Framework that documented the
consultation process within the context of regional haze planning,
intended to create greater certainty and understanding among RPOs.
MANE-VU States held ten consultation meetings and/or conference calls
from March 1, 2007 through March 21, 2008. In addition to MANE-VU
members attending these meetings and conference calls, participants
from VISTAS, Midwest RPO, and the relevant Federal Land Managers also
attended. In addition to the conference calls and meeting, the FLMs
were given the opportunity to review and comment on each of the
technical documents developed by MANE-VU. No additional measures beyond
those developed as part of the MANE-VU ``ask'' were recommended by
other states or the FLMs.
    New Jersey consulted with the FLMs at a meeting that EPA Region 2
attended on October 20, 2009 during the development of the Regional
Haze SIP. New Jersey submitted the draft plan for review by the FLMs
for the required ninety-day review period before New Jersey submitted
the Regional Haze SIP to EPA and responded to their comments in their
response to comments document in Appendix O-3 in the Haze SIP. These
actions fulfill EPA's requirements in 40 CFR 51.308(i).
    A public hearing on this proposed SIP revision was held on October
27, 2008 at the New Jersey Department of Environmental Protection
Public Hearing Room, Trenton, New Jersey. Written comments relevant to
the proposal were accepted through November 28, 2008. The only comments
were submitted by USEPA, the Fish and Wildlife Service and one of the
potential BART sources. New Jersey responded to the comments, as listed
in Appendix O-3 of New Jersey's Regional Haze Plan. New Jersey commits
in its SIP to ongoing consultation with the FLMs on regional haze
issues throughout the implementation of the Regional Haze SIP as
required in 40 CFR 51.308(i)(4).

D. Periodic SIP Revisions and Five-Year Progress Reports

    New Jersey commits to revise and submit a regional haze
implementation plan by July 31, 2018 to address the next ten years of
progress toward the national goal in the Act of eliminating manmade
haze by 2064, and to submit a plan every ten years thereafter, in
accordance with the requirements listed in 40 CFR 51.308(f) of the
Federal rule for regional haze. To meet this commitment, New Jersey
expects to rely on the collaborative regional organization efforts such
as MANE-VU. New Jersey commits to address the following in its Mid-
Course Review report: Address any uncertainties encountered during
regional haze planning process; report on the progress of the BART
analysis, determinations, and implementation; report on the progress of
the Low Sulfur Fuel Strategy; report on whether additional potential
actions identified in its plan will be implemented and the status of
those efforts. The reasonable progress report will evaluate the
progress made towards the RPGs for the Brigantine National Wildlife
Refuge Class I area, located in New Jersey.

E. Coordinating Regional Haze and Reasonably Attributable Visibility
Impairment (RAVI) LTS

    In its Regional Haze Plan, New Jersey committed to review the
impact of proposed sources on visibility under 40 CFR 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).
    On June 27, 2011, as part of its acceptance of the PSD delegation
from EPA, New Jersey reaffirmed its commitment to notify the Federal
Land Manager of new sources that may impact the Class I area, in
accordance with 40 CFR 52.21(p).

F. Monitoring Strategy and Other Implementation Plan Requirements

    The primary monitoring network for regional haze in New Jersey is
the Interagency Monitoring of Protected Visual Environment (IMPROVE)
network. There is currently one IMPROVE site in New Jersey, in the
Brigantine Wilderness Area of the Edwin B. Forsythe National Wildlife
Refuge. IMPROVE monitoring data from 2000-2004 serves as the baseline
for the regional haze program, and is relied upon in the July 28, 2009
regional haze submittal. Data produced by the IMPROVE monitoring
network are essential for the verification of the effects of changes in
emissions on visibility in Class I areas and will be needed for
preparing the 5-year progress reports and the 10-year SIP revisions,
each of which relies on analysis of the preceding five years of data.
In addition, New Jersey operates a comprehensive PM2.5
network of filter-based Federal reference method monitors, continuous
mass monitors, filter based speciated monitors and the continuous
speciated monitors.
    New Jersey will continue to operate and maintain the monitoring
site at the Brigantine Wilderness Area. EPA will continue its
discussions with New Jersey during the course of periodic network
reviews on the location of the monitors and the number of monitors in
its monitoring network.
    New Jersey committed to continuing to submit periodic emission
inventories, a mid-course review and a revised plan for the next ten-
year period starting in 2018.

V. What action is EPA proposing to take?

    EPA is proposing to approve a revision to New Jersey's State
Implementation Plan submitted on July 28, 2009, that addressed progress
toward reducing regional haze for the first implementation period
ending in 2018. The submittal was augmented by submittals on December
9, 2010 with New Jersey's adopted regulation lowering the sulfur
content in fuel and on March 2, 2011 which included BART determinations
and controls. EPA is proposing to determine that New Jersey's Regional
Haze SIP contains the emission reductions needed to achieve New
Jersey's share of emission reductions that were determined to be
reasonable through the regional planning process. Furthermore, New
Jersey's Regional Haze Plan ensures that emissions from the State will
not interfere with the reasonable progress goals for neighboring
States' Class I areas. Thus, EPA is proposing that the Regional Haze
Plan submitted by New Jersey satisfies the requirements of the CAA. EPA
is taking this action pursuant to those provisions of the Act. EPA is
soliciting public comments on the issues discussed in this document and
will consider these comments before taking final action.
    In addition, EPA is proposing to approve New Jersey's Subchapter 9,
Sulfur in Fuel rule, which is one of the measures needed to fulfill New
Jersey's Reasonable Progress Plan.
    This proposed approval is being proposed under a procedure called
parallel processing, whereby EPA proposes rulemaking action
concurrently with the state's procedures for amending its regulations
or in this instance amending source specific operating permits to
incorporate BART. If the proposed operating permit revisions are
substantially changed in areas other than those identified in this
action, EPA will evaluate those changes and may publish another notice
of proposed rulemaking. If no substantial changes are made other than
those areas cited in this action, EPA will publish a final rulemaking
on the revisions. The final rulemaking action by EPA will occur only
after the SIP revision has been adopted by New Jersey and submitted
formally to EPA for incorporation into the SIP.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule approving New Jersey's Regional
Haze Plan does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP does not
apply to Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 2, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-20482 Filed 8-10-11; 8:45 am]
BILLING CODE 6560-50-P