FLAG, Policy Overview

1
FLAG, Policy Overview

• 15 December 1999
• Presenter - Bruce Bayle
• USDA/Forest Service

2
Legal Responsibilities

• USDA/FS USDI/NPS FWS Organic Acts
• Wilderness Act
• Clean Air Act
• Appendix B Legal Framework

3
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.

4
Commonalities Among FLM Agencies

• Identifying AQRVs
• AQRV pollution thresholds
• Visibility
• Biological physical effects
• Level of pollution likely to cause an adverse
  impact on AQRVs.

5
AQRV Protection Identification

• Identify AQRVs for each Class I area
• Inventory monitoring (IM) for AQRVs
• Prioritize AQRV IM
• Evaluate air pollution effects on AQRVs
• Specify adverse effects for each AQRV.

6
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

7
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

8
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 gt 100 km.
• Overall theme of FLAG NSR text communicate ?
  EARLY OFTEN.

9
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

10
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

11
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

12
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.

13
Definition of Adverse Impact on Visibility

• Visibility impairment which interferes with the
  management, protection, preservation or enjoyment
  of the visitors 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

14
When an Adverse Impact Is Predicted

• Recommend that permits be modified
• Recommend permit denial
• In some States FLMs use screening
  procedures/thresholds

15
Inclusion of Certain PSD Permit Conditions

• Emission offsets
• Monitoring
• Re-openers
• BACT

16
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.

17
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.

18
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.
• EPAs Interim Wildland Fire Policy.