Links
		HOME Introduction Statute Summary Prevention of Significant Deterioration Program Best Available Control Technology Review Conformity with National Air Quality Standards Regional Haze Rule

Introduction

The Clean Air Act charges the Forest Service to protect air quality related values in Class I Areas - those wilderness areas in existence as of August 7, 1977 larger than 5,000 acres. This protection is specifically enabled through Prevention of Significant Deterioration (PSD) provisions of the Act. For more information about the Clean Air Act, visit: http://www.epa.gov/air/caa/

The 1964 Wilderness Act identified management goals for all wildernesses whether or not they are Class I. State legislation and PSD regulations determine how the air quality regulatory process is actually conducted state by state.

Statute Summary

Prevention of Significant Deterioration (PSD) Program

The PSD sections of the Clean Air Act include a permit program for certain new sources of air pollution. The purpose of the PSD process includes the protection and enhancement of air quality in national wilderness areas and other locations of scenic, recreational, historic, or natural value. Before the construction of certain new air pollution sources is approved, the applicants must receive a PSD permit from the appropriate air regulatory agency.

The Forest Service manager must make three decisions:

• What are the sensitive air pollution receptors within the wilderness that need protection?
• What are the Limits of Acceptable Change (LAC’s) for these receptors?
• Will the proposed facility cause or contribute to pollutant concentrations or atmospheric deposition within the wilderness that will cause the LAC’s to be exceeded?

The first two decisions are land management issues based upon the management goals for the wilderness in question. The third is a technical question analyzed by models combining proposed emissions, background levels of pollutants and the sensitivity of visibility and forest resources to the pollutants.

Close coordination between the Forest Service and the appropriate air regulatory agency is essential in the PSD process. The Forest Service makes a determination of whether a proposed project will adversely impact Forest lands. The air regulatory agency then makes a decision to grant or deny the permit.

Best Available Control Technology Review for New or Modified Pollutant Sources

The Forest Service reviews the air permit applications for new and modified industrial facilities to ensure that their air emissions do not adversely impact the air quality related values (such as visibility) of federally-protected wilderness areas. The FS provides these comments to the permitting authority, typically the state.

One key part of the air permit application, required by various regulations, is a review of the air pollution control technology proposed on each of the new or modified emission units at the facility. The air quality regulations envisioned that it would be most cost effective to require pollution control upgrades at the time new sources are built or modified, thereby allowing plant owners to plan for these costs as part of the construction of a new plant or an overall plant upgrade.

In general, the review of air pollution control technology involves an application of engineering to analyze what types of control technologies are possible for each regulated pollutant from each emission unit at the facility. Then, the best performing option is selected unless it is deemed to be too expensive or causes other adverse environmental impacts.

This process of ensuring that the best available control technology is applied to industrial sources reduces air emissions to the lowest possible amount and minimizes air pollution impacts to the National Forests.

Forest Service Conformity with National Ambient Air Quality Standards

The General Conformity Rule ensures that federally funded or supported actions taken by federal agencies and departments, including the Forest Service, meet national standards for air quality in federal non-attainment and maintenance areas. Under the Federal Clean Air Act, any area that violates national ambient air quality standards for any of the six criteria pollutants is designated as a “non-attainment area”. These pollutants are sulfur dioxide, fine particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead. Maintenance areas are any non-attainment area that has been re-designated to attainment status and may be more sensitive to maintaining the designation.

Activities that emit significant levels of criteria pollutants in a non-attainment or maintenance area are subject to the conformity rule. This rule requires the Forest Service or any federal agency to demonstrate that their action will not impede the State Implementation Plans to attain or maintain the ambient air quality standard. A few examples of activities on National Forests and Grasslands that may require a review for conformity include:

•  Fuel treatments including prescribed fire and harvest activities

•  Road, trail, or building construction

•  Land use and special use permit decisions such as ski or winter sports area, mining, oil and gas development and landfills.

For additional detail, please see http://www.epa.gov/ttn/oarpg/genconformity.html

Service Responsibilities under the Regional Haze Rule

The Regional Haze Rule of 1999 requires states and interested tribes to address sources of pollution contributing to regional haze in the 156 mandatory Class I areas. To do this, states are in the process of developing State Implementation Plans (SIPs) to demonstrate to the public, the Federal Land Managers (FLMs) and EPA how they plan to address regional haze to reach the goal of natural background conditions by the year 2064. The Forest Service, as the FLM of 88 mandatory Class I areas, has been working closely with the states, interested tribes, EPA, and the Regional Planning Organizations in the development of the technical products and policy documents that are being used by each state as they develop their plans. The state SIPs are due to EPA by December 17, 2007 . By law, the FLMs of the mandatory Class I areas have a formal consultation with each state 60 days before the draft plans go to public hearing. To see the comments and other information regarding State SIPs submitted by the Forest Service, National Park Service and US Fish and Wildlife Service, please see http://www.fws.gov/refuges/AirQuality/rhr.html. As stewards of the resource targeted for protection, the Forest Service has a special duty to ensure the Class I wildernesses under our responsibility are managed for the use and enjoyment of current and future generations.