FLAG, Policy Overview

15 December 1999

Presenter - Bruce Bayle

USDA/Forest Service

Legal Responsibilities

• USDA/FS + USDI/NPS & FWS Organic Acts

• Wilderness Act

• Clean Air Act

• Appendix B – Legal Framework

“Intent of Congress”

“The FLM holds a powerful tool. He is required to protect Federal lands from deterioration of an established value, even when Class I [increments] are not exceeded.

… In cases of doubt the land manager should err on the side of protecting the AQRVs for future generations.”

Commonalities Among FLM Agencies

• Identifying AQRVs;

• AQRV pollution thresholds;

• Visibility;

• Biological & physical effects;

• Level of pollution likely to cause an “adverse impact” on AQRVs.

AQRV Protection & Identification

• Identify AQRVs for each Class I area;

• Inventory & monitoring (I&M) for AQRVs;

• Prioritize AQRV I&M;

• Evaluate air pollution effects on AQRVs;

• Specify adverse effects for each AQRV.

AQRV Inventory & Monitoring

• Sensitive indicators used as surrogates for the health or status of AQRVs

• AQRV examples:– Water Aquatic habitats Acid

neutralizing capacity;

– Flora O3 injury Black cherry sp.

• Adverse impact for each AQRV

New Source Review

• Section 165 of the CAA• Visibility protection – Three 40 CFR

citations• FLM for the USDA/FS – Regional Forester

or Forest Supervisor• FLM for the USDI/NPS & FWS – USDI

Assistant Secretary for Fish and Wildlife and Parks

New Source Review

• Permitting authority to notify FLM of new PSD applications a.s.a.p.

• Pre-application meeting.

• Major facilities/modifications – within 100 km. + large sources > 100 km.

• Overall theme of FLAG NSR text – communicate EARLY & OFTEN.

Elements of Permit Review

• BACT – review of proposal by permitting authority

• Air quality impact analysis – done by the applicant

• AQRV impact analysis – done by the FLM

Air Quality Impact Analysis

• Done by the applicant

• Increment/NAAQS modeling analyses

• Contribution to ambient pollution levels at a Class I area

• Applicant to provide sufficient info for the FLM to make an AQRV impact analysis

• FLM provide info regarding AQRVs

Cumulative AQRV Analysis

• FLM task

• Assess impacts to sensitive visual, aquatic, or terrestrial resources (AQRVs)

• FLM consideration factors for adverse impacts: magnitude, frequency, duration, location, & timing of impacts

Definition of AQRV Adverse Impact

“An unacceptable effect, as identified by an FLM, that results from current, or would result from predicted, deterioration of air quality in a federal class I or class II area. A determination of unacceptable effect shall be made on a case by case basis for each area taking into account existing air quality conditions. …”

Definition of Adverse Impact on Visibility

“Visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor’s visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment …”

When an Adverse Impact Is Predicted …

• Recommend that permits be modified

• Recommend permit denial

• In some States FLMs use “screening procedures/thresholds”

Inclusion of Certain PSD Permit Conditions…

• Emission offsets

• Monitoring

• Re-openers

• BACT

Class I Area Visibility Impairment

• At all Class I areas where visibility has been monitored, visibility conditions have been found to be impaired by human-caused pollution.

• EPA acknowledged the CAA provides authority to address adverse impacts on AQRVs in Class I areas from both new & existing sources.

1990 GAO Report on Air Pollution & Class I Areas

• 1% of sources within 100 km. of 5 Class I areas were required to have permits under the PSD program.

• 99% of sources were for minor or grandfathered sources.

• Non-PSD sources contributed 53 – 90% of 5 of the 6 criteria pollutants within the 5 Class I areas analyzed.

Primary Source of FLM Emissions – Prescribed Fire

• P-fire is a valuable land management tool, yet can be a significant source of PM2.5 emissions.

• FLMs committed to follow sound smoke management practices.

• EPA’s Interim Wildland Fire Policy.