EPA-450/2-80-083b
Appendix A - Summary of Individual
Comments on the May 22, 1980
Proposed Visibility Regulations
by
PEDCo Environmental, Inc.
11499 Chester Rd.
Cincinnati, Ohio 45246
Contract No. 68-02-3512
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
October 1980
-------
This report is issued by the Environmental Protection Agency to report technical data of
interest to a limited number of readers. Copies are available - in limited quantities - from
the Library Services Office (MD-35), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; or, for a fee, from the National Technical Infor-
mation Service, 5285 Port Royal Road, Springfield, Virginia 22161.
Publication No. EPA-450/2-80-083b
11
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APPENDIX A
SUMMARY OF INDIVIDUAL COMMENTS ON
THE MAY 22, 1980 PROPOSED
VISIBILITY REGULATIONS
A-l
-------
CATEGORY IV-D COMMENTS
Number
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Commenter
South Dakota Dept. of Game, Fish and Parks.
American Paper Inst./National Forest Products
Assoc. - request for reservation of time at
hearing.
Jerald N. Hutchins, Vancouver, WA.
Harold S. Winger, Mobile, Alabama.
Armin T. Dressel, Camden, AR.
R. Jett Freeman, Bay Minette, Alabama.
Charles A. Self, Bearden, AR.
Paul J. Hagelston, Hattiesburg, MS.
Council On Wage and Price Stability - "selected
for review by the RARG".
Bobby Jeffrey, Sheridan, ARK.
Richard Taylor, Camden, ARK.
E. A. Reese, Jr., Arkadelphia, ARK.
Henry V. Nickel, Hunton and Williams.
R. W. Sanders, DeQueen, ARK.
Deborah G. Utz, Quitman, MS.
Elizabeth F. Sprague, Sweet Briar, Virginia.
Longview Fibre Company
American Iron and Steel Institute
Virginia Forestry Association
A-2
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IV-D Comments (continued)
Number
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Commenter
John M. McEntire, Pine Bluff, AR.
Al Cook, Malvern, AR.
R. R. Russell, Council on Wage and Price Stability
Simpson, Inc.
David F. Stevens, Nachez Mississippi.
R. E. Maxwell, Grenada, MS. .
State of Washington, Dept. of Natural Resources
Town "of Crested Butte, Colorado
El Paso Natural Gas Company
Virginia Farm Bureau Federation
Wolfgang Hauer, Michigan Botanical Club
Katharin Anglemyer, Washington, B.C.
Mary Anglemyer, Washington, B.C.'
Utah Environment Center
Western Energy Supply & Transmission
Frances Bollar, Hollywood, California
Jane Heath, Temple, Arizona
Harold Crump, Front Royal, Virginia
Clifford N. Smith, McNeal, Arizona
Robert Morgan, Wilkes-Barre, PA
Ken Warrow, Florida
Elaine Stansfield, Los Angeles, CA
.. Commonwealth of Kentucky, Bepartment for Natural
Resources and Environmental Protection
A-3
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IV-D Comments (continued)
Number
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
Commenter
Deborah Morningstar, Tallahasse, Florida
Mrs. Richard Tear, Acton, Mass.
Myra and Alan ErWin, Sacramento, California
Colorado-Ute Electric Association
Carlton N. Owen, Warren, Arizona
Sidney M. Hirsh, Tucson, Arizona
H. M. Phillips, Mobile Alabama
Liberty National Life Insurance Co.
State of Alaska, Department of Fish and Game
Scott Frazier, Los Bahos, LA
Robert W. McConnochie, Pompano Beach, Florida
James R. Hamilton, Richmond, VA
Robert Franz, Glenolden, PA
John New, State University College
Mrs. J. C. Yarbrough, Atlanta, GA
League of Women Voters of the U.S.
Virginia Agribusiness Council
Brunswick Pulp Land Company
M. R. Warner, Houston, Texas
Steve Frye, College Place, WA
North Carolina Forestry Association, Inc.
Mark Gailey, Shingletown, CA
United Power Association
American Pulpwood Association
A-4
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IV-D Comments (continued)
Number
67,
68
69
70
71
72
73
74 .
75
76
77
78
79
80
81
82
83
84
85.
86
87
88
89
Commenter
Mississippi Forestry Commission
David Vosa, Chicago, Illinois
Ron Graybeal, San Francisco, CA
Conservation Call, San Diego, CA
Josephine Ciak, North Arlington, NJ
Royce Satterlee, Whitefish, MT
Southern Arizona Environmental Council
National Council of the Paper Industry for Air
and Stream Improvement, Inc.
Walter Rivers, Larkspur, California
Montana Pole and Treating Plant
Town of Wallingford, Connecticut
Union Camp Corporation
Mrs. Kathleen Oss, Minneapolis, MN
Mrs. M. Mathews, Minneapolis, MN
Missouri Dept. of Natural Resources
Michael Barry and Laura Corbin, Tucson, Arizona
Stephen Tognoli, Douglas, Arizona
Matthew Brennan, E. Northport, NY
Office of State Forester, Salem Oregon
Ms. Ethel Thorniley and friends, Detroit, Michigan
Ralph Leon, Douglas, Arizona
Lee Grant Snyder, Incline Village, Nevada
Friends of the Earth, Brunswick, Maine
A-5
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IV-D Continents
Number
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
(continued)
Commenter
New Mexico Citizens for Clean Air and Water
Connie Hewett, Hereford, Arizona
Rick Hewett, Hereford, Arizona
Carol Ruckdeshel, St. Marys, Georgia
Stephen Austin, Littleton, Colorado
Bob Jackson, Minneapolis, MN
Duane Lamers, Grosse Points, MI
St. Regis Paper Company
Washington Forest Protection Assoc.
Derin Gulp, Boston, MA
Delaware Valley Citizens' Council for Clean Air
H. H. Hillman, Naco, Arizona
Willa Rapstine, Willcox, Arizona
Ray Friendly, Bisbee, Arizona
Dick Wilson, Des Ploines, 111.
Eugene Marc Trisko on behalf of Stern Brothers,
Inc.
Friends of the Earth
Mike Staten, Chatom, Alabama
State of New Jersey, Department of Environmental
Protection
Michael Rees, Minneapolis, Minnesota
Alabama Forestry Association
Alleghany Mining Corporation
Ronald Davidson, Hampton, Arkansas
A-6
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IV-D Comments
Number
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
(continued) .
Commenter . '
League of Women Voters of Texas '
Georgia Forestry Association, Inc.
Marie Jensen, Northfield, MN
John-ston Lumber Company
Brian McGill, Washington, D.C.
W. G. Wern..., Mesa Arizona
Douglas and Natalie Danforth, Bisbee, Arizona
Florida Department of Agriculture and Consumer
Services
Catherine C. Keim, Sacramento, CA
Nancy Seidman, Arlington, VA
Carl Peiser, Winslow, Arizona
Kenneth Van Leuven, Bisbee, Arizona
Atlantic Electric Company. ;
Marie A. Burling, McNeal, Arizona
L. M. Mitchell, Potter Valley, CA
Clyde McGoldrick, Pearce, Arizona
Louisiana Forestry Association
Elaine Roberts,' Forest Park, GA
Brand S Corporation
Jacqueline Wolff; Hollywood, CA
California State Grange
Thomas Suk, Davis, CA
Sarah Maxwell, Davis, CA
A-7
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IV-D Comments
Number
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
(continued)
Commenter
Evans, Kitchel and Jenckes, on the behalf of
Phelps Dodge Corporation
Wilderness Workshop of the Colorado Open Space
Council
Oregon Women for Agriculture
NC Dept. of Natural Resources and Community
Development
John Matovich, Regina, Montana
Anna Leigh, Rucson, Arizona
Jeffrey Zimmerman, Tempe, Arizona
Burlington Northern
Bram L. Jacobson, Phoenix, Arizona
Aldenlee Spell, Rushland, PA
Michael Gregory, McNeal, Arizona
Terri Martin, Cedar City, Utah
Brita Miller, Tucson, Arizona
Gordon Berry, Bisbee, Arizona
Mrs. Neville Kirk, Annapolis, MD
Mr. and Mrs. Carl Henry, Northfield, MN
Barrie and Karen Mayes, Prescott, AZ
Neil Peterson, Sierra Vista, AZ
Calvin Dahm, St. Paul, Minnesota
National Rural Electric Cooperative Association
Kennecott Corporation
Raymond Eustan, Vista, CA
Chemical Manufacturers Association
A-8
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IV-D Comments
Number
159
160
161
162
163
164
165
166
167
168
169
170
170a
171
172
173
174
175
176
177
178
179
180
181
(continued)
Commenter
Colorado-Ute Electric Company
Briggs and Pat Ackert, Tucson, AZ
Hunton and Williams for UARG
Jane Newton, Philomath, OR
Ed Herschler, Government of Wyoming
Shea and Gardner for Magma Copper Co.
Joyce Vincent, Minneapolis, Minnesota
Garnett Bowyer, Grant County Schools
Marie Pettit, Harrisonburg, VA
Donovan and Suzanne Fletcher, Sierra Vista, AZ
Nevada Cattlemen's Association
The Bunker Hill. Company
Correction to above.
Crown Zellerbach
Scott Paper Company
Oregon Seed Council
Kerr-McGee Corporation
Montana Power Co.
Oregon Forest Protection Assn.
Calif. Air Resources Board
Colorado Mountain Club
Art Johnston, Bisbee, AZ
Clem Pederson
Tucson Audubon Society
A-9
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IV-D Comments
Number
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
(continued)
Commenter
Southern Arizona Hiking Club
Sierra Club, Denver, Colorado
Tennessee Wildlife Resources Agency
Idaho Veneer Company
Dorothy Walker, McNeal, AZ
Barbara Jones, McNeal, AZ
Western Oil and Gas Association
David Pardee, Tucson, AZ.
Keoki Skinner, Naco, AZ
Adele Annerino, Phoenix, AZ
Occidental Oil Shale, Inc.
Montana State Airshed Group
U.S. Department of Interior
Society of American Foresters
No Oilport, Inc.
Western Forestry and Conservation Assoc,
City of Colorado Springs
James Wick, Portland, OR
James Jones, Phoenix, AZ
Southwest Hawk Watch, Phoenix, AZ
International Paper Company
Boise Cascade Corporation
Colorado Cattlemen's Association
George Momper, Bisbee, AZ
A-10
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IV-D Comments
Number
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
(continued)
Commenter . -
Continental Forest Industries
Commonwealth of Virginia
Utah Audubon Society
Department of Environmental Quality
Pacific Power and Light Company
Friends of the Earth
Eastman Kodak Company
Richard Kamp, Naco, AZ
State of California Department of 'Forestry
Olympic Park Associates
Gordon Tate, Master Idaho State Grange
South Carolina Forestry Association
State of South Dakota
Kaiser Refractories
Environmental Research and Technology, Inc.
Departments of Planning, Zoning and Building
South Branch Vocational Center
Florida Game and Fresh Water Fish Commission
County Commission of Grant County
International Paper Company
Office of Kane County Commission
Wildlife Management Institute
H. Ramos and friends, Douglas, AZ
American Mining Congress
A-11
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IV-D Comments
Number
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
(continued)
Commenter
Wayne Ursenbach, Salt Lake City, Utah"
John Werner, Bisbee, AZ
Herb Crase, Watershed Forester - North Carolina
Department of Natural Resources and Commercial
Development
David Levy, Durham, NC
Oregon Women for Timber
Society of American Foresters
Brown Company
Hiwassee Land Company
State of Nevada Executive Chamber
Virginia Manufacturers Association
Montana Dept. of Natural Resources and Conservation
The Standard Oil Co.
U.S. Dept. of Commerce, General Counsel
American Petroleum Inst.
Dept. of Energy - Secretary
M. Zarich - Indianapolis, IN
Arkansas Forestry Comm.
Public Utility Dist., #1 of Douglas County, Wash.
Robert R. Reid, Jr., Birmingham, AL
Santa Fe Research Corp.
Patricia Byrne, Sun City, AZ
Rick Breault, Evergreen Park, IL
U.S. Dept. of Agriculture, Forest Service
A-12
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IV-D Comments
Number
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
(continued)
Commenter
Kay Wicker, Mpls, MN.
National Assoc. of.Manufacturers
Florida Power & Light Co.
Virginia State Air. Pollution Control Board
Texas Eastern'Transmission Corp.
Jacksonville Electric Authority
Illinois State Natural History Survey Div.
Shell Oil Co.
General Electric
Utah International, Inc.
West Associates
Allegheny Power Service Corp.
Weyerhaeuser Co.
Rio Blanco Oil Shale Co.
Salt River Project
Sunoco Energy Development Co.
Burlington Industries
McFarland Cascade
Hunton & Williams for UARG
VEPCO
American Paper Inst.
Union Oil Co. of California
Holland & Hart .for .ASARCO
American Textile Manufacturers Assoc.
A-13
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IV-D Comments
Number
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
(continued)
Commenter
National Parks and Conservation Assoc.
Council On Wage and Price Stability
AMAX
National Coal Assoc.
Marge Burgess, Denver, Colorado
South Carolina Public Service Authority
West Associates
Rockwell International (guidelines)
Arizona Dept. of Health Services
American Public Power Assoc.
Atlantic Richfield Co.
Salt River Project (guidelines)
Tampa Electric Co.
Tucson Electric Power Co.
State of Utah, Office of the Governor
Basin Electric Power Cooperative
California Forest Protective Assoc.
Conference of State Manufacturers Associations
with Virginia Manufacturers Assoc. letter.
U.S. Dept. of the Interior - Fish and Wildlife
Service (guidelines)
Duke Power Co.
Interstate Paper Corp.
Arizona Public Service Co. (guidelines)
National Coal Assoc. (guidelines)
. A-14
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IV-D Comments
Number
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
(continued)
Commenter
Hunton & Williams for UARG (guidelines)
Coleman, Furniture Corp.
- -- . ?&'
Southern California Edison Co.
Sierra Club
Florida Forestry Assoc.
Evans, Kitchel & Jenckes, P.C. (guidelines) .
State of Montana - Office of the Governor
Merck-& Co., Inc.
New Mexico Dept. of Health & Environ.
Mead
Atlantic-Richfield Co. (guidelines)
Western Regional Council
Pacific Gas and Electric Co.
National Coal Assoc.
Pacific Gas and Electric Co. (guidelines)
Brunswick Pulp &.. Paper Co. (guidelines)
Nevada Dept. of Conserv. and Natural Resources,
Division of Environmental Protection
Environmental Research's Tech. (guidelines)
E. I. DuPont de Nemours & Co.
Associated Oregon Industries
International Assoc. of Fish and Wildlife Agencies
Dept. of Energy - enclosing "Potential Visibility
Impairmant From Industrial Source Emissions"
Duke Power Co. (guidelines)
A-15
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IV-D Comments
Number
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
(continued)
Commenter
Southern Forest Products Assoc.
Potlatch Corp.
Dept. of Energy (guidelines)
U.S. Dept. of the Interior
Western Regional Council (guidelines)
Platte River Power Authority
Texaco Inc.
Texas Utilities Services, Inc.
Tennessee Gas Transmission
Oregon Dept. of Environmental Quality (guidelines)
Hunton & Williams for UARG (see also IV-D-271)
Hawaii Dept. of Land and Natural Resources,
Division of Forestry and Wildlife
Cities Services Co.
Dept. of Agriculture - Office of the Secretary
Hugh Sebastian, Albion, Michigan
Jane Sturtevant, Albion, Michigan
San Diego Gas and Electric
Illinois Department of Conservation
Bert Barry, Saint Louis, Missouri
Video-Info Publications
Paul Rea and Deborah McGee,
Barbara Girdler, Riverside,
J. Gate, Waltham, MA
M. Troland, Oceanside, NY
Potomac Electric Power Co.
W. C. Thompson, Arthur, W. Va.
A. Bunder
Davis & Davis, Largo, Florida
A. Benioff, Berkley, California
I. Leander, Evanston, Illinois
B. Heckel, Laguna Beach, California
Greely, CO
Connecticut
A-16
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IV-F Comments
Number
1
2
3
5
6
7
8
10
11
12
13
14
15
16
17
18
Commenter '' ,
Transcripts of Proceedings, Washington, B.C.
Transcripts of Proceedings, Salt Lake City, Utah
Comments of Friends of the Earth made at the
Proceedings
Statement of Williams B. Harrison, on behalf of
Southern Company.Services
State of Hunton and Williams
Statement of Jack Jenkins, Utah International Inc.
representing the National Coal Association
Statement of J. W. Gnann, Union Camp Corporation
Statement of Elaine Fielding of the American
Paper Institute and the National Forest Products
Assoc.
Statement of Russell Hulse, Western Energy Supply
and Transmission Assoc.
r
Statement of Southern California Gas Company
Statement of Eugene M. Trisko, for Stern Brothers,
Inc.
Statement of Priscilla Robinson, for Southwest
Environmental Service
Statement of Edwin Roberts, Atmospheric Sciences,
Arizona Public Service Co.
Statement of Utah Power and Light Co.
Statement of National Assoc. of State Foresters
Statement of North Idaho Forestry Assoc.
Statement of John Thielke, for Puget Sound Power
and Light Co.
Statement of John McKenzie, for Pacific Gas
'and Electric Company
A-17
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IV-F Comments (continued)
Number
19
20
21
22
23
24
25
26
27
28
28a
29
30
31
32
Commenter
Statement of Nils I. Larson, for the State of
Arizona
Statement of Wallace W. Carey, for Industrial
Forestry Association
Comment of Ron Guenther, Fort Bragg, California
The Montana Power Co.
Governor Scott M. Matheson
John McNamara, Salt River Project
Utah Environment Center
Public Service Co. of Colorado
Michael Foster, Chevron
Western Systems Coordinating Council
Supplementary information to above
Ted Phillips, Pacific Power & Light
F. E. Templeton, Kennecott Copper
Inland Forest Resource Council
Colorado-Ute Electric Assoc., Inc.
A-18
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IV-C Comments
Number
£?
4
8
9
10
11
12
13
14
15
16
Commenter
Governor Herschler, Wyoming
Scott Paper Company (through Warren Magnuson)
Puget Sound Power & Light Company (through
Warren Magnuson)
Allegheny Mining Corp. (through Senator Robert
Byrd) x
Puget Sound Power & Light Company (through
Rep. Al Swift)
Roberts - Citizen, through Sen. Herman Talmadge
Davidson - Forester, through Rep. John
Hammerschmidt
Virginia Manufacturers Association (through
Rep. William Whitehurst)
Governor Atajck, Oregon (through Sen. Mark
Hatfield
Representative Beryl Anthony
Levy - Citizen (through Rep. Ike Andrews)
Eads, Council on Wage and Price Stability
Virginia Manufacturers Association (through
Rep. Joseph Fisher)
Sanders - Forester (through Rep. James Broyhill)
A-19
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Verville, South Dakota Department of Game, Fish and Parks,
IV-D-1
Opposes regulation's application to prescribed burning:
Prescribed burning is not a major source which contributes
to Class I visibility impairment. Prescribed fires
rarely emit more than 250 T/yr at a given location.
Prescribed fires contribute less than natural fires did
years ago.
Opposes inclusion of Integral Vistas concept:
Protection of "buffer" areas around Class I areas was not
legislative intent.
Establishing baseline or "natural" visibility levels will be
nearly impossible:
- In some cases, natural levels were worse than present
levels.
Federal Government should underwrite costs of monitoring visibility
of Class I areas.
A-20
-------
Fielding, American Paper Institute, IV-D-2
Request for time at June 30 hearing.
A-21
-------
Hutchins, Concerned Citizen, IV-D-3
Opposes the regulation's application to prescribed burnings:
Prescribed burnings for range and forest management
should be specifically exempt.
Opposes inclusion of Integral Vistas concept:
Concept of Integral Vistas is not mentioned or implied in
the Act. Entire concept should be stricken from regu-
lations .
Language is vague or confusing:
Language describing state responsibilities in weighing
comments of Federal Land Managers must be more specific.
"Visibility impairment" needs better definition. "Signifi-
cant" impairment is not mentioned in the Act. This
concept should not be included in the regulations.
Are both prescribed fires and wildfires started accidentally
by man to be considered man-made pollution? (51.301(K))
The language in 51.304(e) "within its boundaries" is not
clear.
States should not determine visibility impairment in Class I
areas:
The Act does not give responsibility to the state for
identifying visibility impairment in Class I areasthis
is clearly the responsibility of Federal Land Managers.
A-22
-------
Winger, Concerned Citizen, IV-D-4
Opposes the regulation's application to prescribed burning:
Alternates to prescribed fires (chemicals, mechanical
site clearing, uncontrolled wildfires) have greater
environmental impact.
Regulations governing prescribed fires are beyond the
intent of Congress.
A-23
-------
Dressel, Concerned Citizen, IV-D-5
Opposes the regulation's application to prescribed burning:
Alternates to prescribed fires (chemicals, mechanical
site clearing, uncontrolled wildfires) have greater
environmental impact.
Fire is a natural part of forest ecology.
Regulations governing prescribed fires are beyond the
intent of Congress.
Remote Class I areas are enjoyed primarily by a small,
affluent segment of the public. The public is benefited
more if visibility is protected more in populated areas
than in unpopulated areas.
A-24
-------
Freedman, Concerned Citizen, IV-D-6
Opposes regulation's application to prescribed burning:
. Alternates to prescribed fires are undesirable (chemicals,
wildfires).
Prohibition of prescribed fires would increase costs of
silvicultural activities.
A-25
-------
Self, Forester and Wildlife Biologist, IV-D-7
Opposes the regulation's application to prescribed burning:
Alternates to prescribed fires (chemicals, mechanical
site clearing, uncontrolled wildfires) have greater
environmental impact.
. Regulations governing prescribed fires are beyond the
intent of Congress.
- Fire is a natural part of forest ecology.
Refers EPA to E
Komarek, Sr. and associates at the Tall Timbers
Research Station, Tallahassee, Florida as recognized authorities
in fire ecology.
A-26
-------
Hagelston, Concerned Citizen, IV-D-8
Opposes the regulation's application to prescribed burning:
Most states and many local governments already have
regulations and controls addressing prescribed burning
and their,smoke impact.
Prescribed burning is not a major point source which
contributes to Class I visibility impairment.
USDA Forest Service Technical Report SE-10 (December
1976) contains adequate guidelines for the management
of smoke from prescribed fires.
A-2 7
-------
Russell, Council on Wage and Price Stability, IV-D-9
COWAPS advises EPA that visibility regulations will be reviewed
by Regulatory Analysis Review Group.
A-28
-------
Jeffrey, Registered Forester, IV-D-10
Opposes regulations application to prescribed burning:
Stategically planned prescribed fires prevent massive
wildfires.
A-2 9,
-------
Taylor/ Concerned Citizen, IV-D-11
Opposes regulation's application to prescribed burning:
Prescribed burning presents no real problem in the
visibility management of forestry.
Prescribed burning is environmentally beneficial; it
improves wildlife habitat, improves the forest fauna,
and it prevents dangerous wildfires.
A-30
-------
Reese, Concerned Citizen, IV-D-12
Opposes regulation's application to prescribed burning:
Regulations governing prescribed' fires are beyond the
intent of Congress.
Alternates to prescribed fires (chemicals, uncontrolled
wildfires) have greater environmental impact.
Fire is a natural part of forest ecology.
Smoke management plans should address only populated
areas - not unpopulated areas. ,
A-31
-------
UARG, IV-D-13
Notice of Nature and Scope of the proposed visibility program is
inadequate:
Visibility monitoring interim and final guidance documents,
not available. - .......
Modeling guidance document, not available.
Portions of the guidelines for assessing costs of retrofit,
not available.
Guideline for new source review, not available.
Guideline for prescribed burning, not available.
With no monitoring guidelines available, the criteria for selection
of impacting sources will be hampered.
With no modeling or other guidelines to show the relationship
between controls and visibility improvement it is impossible to
show how BART analysis will be conducted or to what degree they
will be effective.
"As a result, the proposals preclude public comment on_the
specific nature of BART assessments and their potential
impact on individual sources".
With supposedly major revisions to the BART guidelines,
it is impossible to understand how BART assessments will
be made or to evaluate their potential impact.
Author cites several court decisions in the D.C. circuit
which indicate documents supporting or defining the
regulations should be available for public review and
comment. The author states the current proposals fail
to apprise the public.
Basis for the proposed rules has not been included in the
docket. That is,'the background reports done for EPA
and the report to Congress.
The agency should suspend the comment period and either (1) repro-
pose the rules after the guidelines and other documentation, or
(2) repropose rules to reflect the limitations in the agency's
data base.
Extend promulgation date and have a new proposal date.
The nine month period following promulgation for SIP
revision is inadequate.
The thirty-nine day comment period is inconsistent with
past EPA rule making policy for major issues. In the
past three months has been allowed for several rule
makings.
If EPA will not repropose, then a 30-day extention for
comments and an additional 30-day rebuttal period should
be allowed.
A-32
-------
Sanders, Concerned Citizen, IV-D-14
Opposes regulation's application to prescribed burning:
Regulations governing prescribed burning are beyond
the intent of Congress.
Prescribed burning is not identified by EPA as a major
point source affecting visibility.
Fire is a natural and beneficial part of forest ecology.
Alternates to prescribed fires (chemicals, uncontrolled
wildfires) have greater environmental impact.
A-33
-------
Utz, Concerned Citizen, IV-D-15
Opposes regulation's application to prescribed burning:
Fire is a natural and beneficial part of forest ecology.
Smoke management plans already exist in most states.
" These address problems affecting populated areas.
Regulations requiring protection of unpopulated Class I
areas might interfere with existing regulations.
Prescribed fires contribute less than the counterpart
wildfires do.
Alternates to prescribed fires (chemicals, mechanical
site preparation, uncontrolled wildfires) have greater
environmental impact.
A-34
-------
Sanders, Forester (through Rep. James Broyhill), IV-C-16
Opposes the regulation of prescribed burning.
No replacement for fire as a forestry tool.
- Uses no fossil fuel other than that to make firebreaks
Would have to replace with machines.
Cost to landowners would go up 15 times.
A-35
-------
David L. Bowden, Longview Fibre Company, IV-D-17
Opposes the regulation's application to prescribed burnings:
Forest lands should be managed to produce the maximum
benefits in forest products to society. Prescribed
, burnings for range and forest management should be
exempt.
Questions existence of visibility impairment:
. Prevention and control of wildfire in modern times main-
tains visibility standards which are below the naturally
occurring levels of prior years.
A-36
-------
Earle F. Young, Jr., American Iron and Steel Institute, IV-D-18
Proposed rulemaking inconsistent with Clean Air Act:
Section 169A(e) states that regulations shall not
require buffer zones.
Proposed Rulemaking - Section 51.302(c)(2) provides
for buffer zones - "Integral Vistas".
Opposes inclusion of Integral Vistas Concept:
Might leave very little land area unregulated.
Time frame for submitting revised SIP including visibility
amendments is too short.
Questions whether specific point source located in_the_vicinity
of Class I regions are a significant source of visibility
impairment.
Particles in size range 0.1-2.0 ym influence visibility
due to light scattering phenomena.
Opposes visibility determinations on humid days:
- When humidity exceeds 70% R.H., most significant source
of visibility impairment is from nuclei of condensed
moisture.
A-37
-------
Charles F. Finley, Jr., Virginia Forestry Associations, IV-D-19
Opposes the regulation's application to prescribed burnings:
Prescribed burnings for range and forest management
should be exempt.
Controlled burning decreases number of uncontrolled ,
wildfires.
Loss of prescribed burning would result in higher costs
for the land owner and higher consumer costs of wood
and paper products.
A-38
-------
John M. McEntire, Concerned Citizen, IV-D-20
Opposes the regulation's application to prescribed burnings:
Prescribed burnings for range and forest management
should be exempt.
- Fire is an excellent wildlife management tool.
A-39
-------
Al Cook, Concerned Citizen; IV-D-21
Opposes the regulation's application to prescribed burnings:
Prescribed burnings for range and forest management should
be exempt.
. Alternatives to prescribed burnings have a greater environ-
mental impact.
A-40
-------
R. Robert Russel, Regulatory Analysis Review Group, Executive
Office of the President, Council on Wage and Price Stability,
IV-D-22
LIST OF CONCERNS - NOT SUPPORTING OR OPPOSING THE PROPOSED
RULEMAKING.
1. Selection of areas to be protected by visibility standards:
Result in additional areas subject to visibility regulations,
Questions whether this addition aids the program or
creates uncertainty.
2. The kind of visibility protection to be afforded:
Limits the states' discretion to one'source or group of
sources and by the Federal land manager's discretion
in identifying integral vistas.
3. Controls on existing sources:
Does not allow states to base standards on comparisons of
the costs and benefits of controls on existing sources.
Does not specify the existing sources that will be con-
trolled.
Does not specify means of determining BART.
Does not indicate the cost of compliance.
4. Controls on New Sources
Prevent comparisons of the cost and benefits of costs and
benefits of controlling new sources by the states.
Does not specify the cost of denying a permit.
Does not specify compliance time frame.
Questions distinction between new and existing sources.
A-41
-------
Starr W. Reed, Simpson Timber Company, IV-D-23
Opposes the regulation's application to prescribed burning:
Prescribed burnings for range and forest management
should be exempt.
* EPA does not have a Congressional Mandate to force
states to control all impediments to visibility.
. Wood smoke is as much a part of the naturally occurring
atmosphere as is water vapor and airborne pollen.
Alternatives to prescribed burnings (herbicides, tractors)
have greater environmental impact.
Attached Enclosure: "Fire's Role in the Forest Ecosystem of
the Pacific Northwest" by Michael R. Truax, Simpson Timber
Company, February 25, 1980, substantiates Simpson's opposition
with references.
A-42
-------
David F. Stevens, Research Forester, IV-D-24
Opposes the regulation's application to prescribed burnings:
Prescribed burnings for range and forest management
should be exempt.
Alternatives to prescribed burning have greater environ-
mental impact.
Fire is an excellent wildlife management tool
A-43
-------
R. E. Maxwell, Concerned Citizen, IV-D-25
Opposes the regulation's application to prescribed burning:
Prescribed burning for range and forest management is
necessary. ., w *
Recommends distinguishing between prescribed burning and
stationary sources.
Congress did not intend prescribed burning smoke to be
a significant source of visibility impairment.
. Requires states without air quality problem to consider
smoke management techniques for agricultural and
forest management.
Alternatives to prescribed burning have greater environ-
mental impact.
A-44
-------
Bert E. Cole and Paul E. Krauss, State of Washington, Department
of Natural Resources, IV-D-26
Supports visibility regulation for prescribed burning:
Without prescribed fire results in unregulated fire.
Recommends using prescribed burning data in establishing
the baseline for deriving the measurement of visibility
impairment.
Prescribed fire is the best alternative available over
wildfire to maintain ecosystems.
Recommends distinguishing between prescribed burning: and
stationary sources.
State should have adequate flexibility in considering
smoke management techniques in the Smoke Management
Plan achieving EPA1s visibility goal.
Regional and urban plumes should be considered in the
future.
Opposes inclusion of "integral vistas" outside Class I areas:
Beyond intent and scope of the law.
A-45
-------
Heather Noble, Town of Crested Butte, Colorado, IV-D-27
Supports proposed visibility regulations.
Supports the provisions requiring best available retrofit
technology on existing sources.
Integral Vistas:
Criteria are vague.
- Federal land managers discretion in designating those
vistas is undesirable.
Concerned about whether the vista is part of the reason
the park or wildness was created being used as a
criteria.
A-46
-------
El Paso Gas, IV-D-28
Opposes the definition of "potential to omit":
Too encompassing with the assumption of continuous
operation.
Supports definition of "reasonably attributal".
Comments on "visibility impairment":
Questions data used for contrast threshold.
Questions frequency of observed impairment which would
trigger BART review (not explicit in regulations).
Questions visible observation as means of identifying
impairment - source.
Opposes language and opinion that seasonal variability
can be used as basis for aiding in setting standard.
Author assumes seasons all same.
Opposes reanalysis of BART in future.
Opposes requirement for visibility monitoring:
Until EPA promulgates a "reference method".
Comment on visibility models:
Interim guideline document should have statement - only
rough estimate until models refined.
Opposes Intergovernmental Cooperation:
States the regulations are vague and subjective. Claim
present regulations may not be enforcable.
Opposes third alternative with respect to integral vistas.
The section, that gives 30 days for FLM to identify
integral vistas after notified of new source, should
be eliminated.
Too great a burden on industrial planning.
Opposes - FLM recommend integral vistas and EPA promulgate list:
Specifically language "with any change it feels is
appropriate".
List should have review of State, and EPA should not
make total decision.
A-47
-------
IV-D-28 (continued)
Opposes terms "natural and existing conditions":
Finds these confusing.
Comments on Document "Preliminary Assessment of Economic Impacts
of Visibility Regulations".
Objects to language on the near-field plum impacts measurements:
Questions both language and data.
Claims error in sources identified:
Claims some
not impact on Class I areas,
Claims faulty data used:
Based on fact NEDS data used.
sources identified always upwind and could
A-48
-------
VA Farm Bureau Federation, IV-D-29
Opposes restricting prescribed burning:
Fanners need as tool to prepare planting sites for tree
seedlings.
A-49
-------
Michigan Botanical Club, IV-D-30
Supports the promulgation of regulations.
Opposes 30 day period for FLM to review new source permits,
Suggests a 1 year period for review.
Speed up Phase II:
More work on Haze problem.
Guidelines for monitoring and modeling needed.
A-50
-------
K. Anglemyer, IV-D-31
Support "integral vistair1-:
A-51
-------
M. Anglemyer/ IV-D-32
Support regulations proposed:
Strongest possible regulations.
A-52
-------
Utah Environmental Center, IV-D-33
Comments on Salt Lake City Public Hearing - Timing:
Public notified too late.
Meeting held during week of July 4, poor choice
Meeting held during daytime hours only.
A-53
-------
WEST Assoc., IV-D-34 (Western Energy & Supply & Transmission)
Opposes "integral vistas".
Does not follow Congressional intent.
Legal considerations of the regulations:
Esthetically based,, rather than health-related legislation
and rulemaking may not be authorized and constitutional.
The rulemaking ignores scientific and Congressional under-
standing of "visibility impairment".
Energy and economic considerations:
Could affect reliability of electric power supply.
Could lock up land mass larger than all states east of
the Mississippi.
EPA has failed (at the time this was written) to supply criteria/
guideline documents.
WEST proposes a six increment procedure:
The increments go to May, 1995.
The steps outline a research program.
The definition, causes and measurement of visibility impairment
are not developed enough to support the proposed regulations:
Modeling techniques need to be validated to support
BART determinations.
Monitoring needs to be developed and refined.
Siting power plants should not be subject to "eyeball"
judgement.
There is no demonstration of visibility benefit in the proposed
rule or the EPA "Retrofit Guidelines for Coal-Fired Power Plants"
This makes BART premature.
- The control technologies may not control visibility
impairment.
The reanalysis provision sets up a "moving target" for
industry.
The New Source Review provisions could seriously affect energy
and other forms of development in the western states.
Research such as the VISTTA study must be continued and expanded.
A-54
-------
TV-D-34 continued
Overview of SW visibility should becompleted.
A visibility data bank factoring in historical visibility,
air quality, etc. should be developed.
Review of measurement techniques.
Study aerosols and light scattering measurement compari-
sons.
Nature of sulfate conversion in plume study.
Study of existing field observations of power plants to
develop visibility/plume relationships.
The proposed regulations, presumed benefits, are unquantified
and uncertain compared to the energy and economic costs which
would be incurred.
The visibility regulations may have a profound affect on future
power production in the southwest.
As much as 89% of the Western Region could be affected by
these regulations.
Visibility regulations may affect 75% of all coal-fired
capacity operating in the Western Region.
The proposed regulations have not given adequate consideration
to the economic consequences.
Power rates may rise by 33% in some areas because of
visibility rulemaking.
Could affect 1.5 million jobs in the Southwest.
BART will serve to extend the lines of older, more
inefficient power plants - capital is not available
for BART and expansion.
The proposed rule could be unconstitutional:
It would interfere with use of power plants and constitute
a "taking" of property.
Rule is in excess of statutory delegation.
EPA has shifted the focus of visibility regulation from
regional protection (Congressional intent) to localized
protection.
Rulemaking that is technically flawed and with no scien-
tific basis is legally unacceptable.
Opposes the concept of "integral vistas".
Integral vistas are tantamount to "buffer zones" - which
are prohibited in the Act.
WEST was concerned because guidance documents were not available
at the time of proposal of the regulations.
The threat of paragraph 120 penalties puts the utilities in an
untenable position.
The utilities would be faced with complying with BART or
paying noncompliance penalties.
A-55
-------
Frances Dollar, Concerned Citizen, IV-D-35
Supports integral vistas,
A-56
-------
Jane Heath, Concerned Citizen, IV-D-36
Supports concept of integral vistas:
The "agency in charge of the Class I areas" should
decide where they exist.
Feels Phase II should be implemented as soon as possible:
A specific date for the beginning of Phase II would be
satisfactory.
Would like to see detailed guidelines for monitoring and control
techniques.
Federal Land Managers should have a strong, active role in the
program.
A-57
-------
Harold Wayne Crump, Concerned Citizen, IV-D-37
Supports concept of integral vistas:
* Park service should determine where they exist.
Supports the requirement of modeling for all major new
sources,
A-58
-------
Clifford N. Smith, Concerned Citizen, IV-D-38
Supports visibility program.
A-59
-------
Robert E. Morgan, Concerned Citizen, IV-D-39
Supports the concept of integral vistas.
Supports addition of monitoring requirements to the regulations.
Federal Land Managers should have an aggressive role in the
program.
A-60
-------
Ken Warrow, Concerned Citizen, IV-D-40
Supports concept of integral vistas.
Supports the implementation of Phase II as soon as. possible.
Would like to see detailed guidelines.for monitoring.
Feels that Federal Land Managers should be given at least a
year to determine adverse affects of new sources:
Burden of proof should be placed on the source that
there will be no adverse affects.
A-61
-------
Elaine Stansfield, Concerned Citizen, IV-D-41
Supports concept of integral vistas.
Would like to see specific guidelines on monitoring.
Feels the burden of proof of adverse affects should be on both
the source and the EPA.
A-62
-------
Raymond J. Swatzyna, Director of Division of Forestry of the
Department for Natural Resources and Environmental Protection
in Kentucky, IV-D-42
Concurs with the National Association of State Forester's
position (G. G. Moon Memo of July 1, 1980).
A-63
-------
Deborah Morningstar, Concerned Citizen, IV-D-43
Supports integral vistas.
A-64
-------
Mrs. Richard Teas, Concerned Citizen, IV-D-44
Supports the concept of integral vistas.
Urges EPA to give a specific date by which Phase II will be
implemented.
A-65
-------
Myra and Alan Erwin, Concerned Citizens, IV-D-45
Supports visibility program.
A-66
-------
Colorado-Ute Electric Assoc., IV-D-46
Protesting unavailability of documents:
Could not obtain a copy of "Protecting Visibility:
EPA Report to Congress".
Guidelines not yet available.
An
A-67
-------
Carlton N. Owen, Wildlife-Biologist and Registered Forester in
Arizona, IV-D-47
Opposes regulation of prescribed burning:
Prescribed burning enhances forest resources.
. Reduces forest diseases and insect populations.
. Increases aesthetic appeal.
Reduces litter build-up.
. Lessens chances of wildfires.
A-68
-------
Signey M. Hirsh, Concerned Citizen, IV-D-48
Judgement of where integral vistas exist should be made
on the basis of preservation of resources rather than
energy or economic considerations.
A-69
-------
Harold M. Phillips, Forester with International. Paper Company,
IV-D-49
Opposes regulation of prescribed burning:
"Prescribed fire is used judiciously when all atmospheric
conditions are right" which "results in minimal
degradation of air quality".
A-70
-------
George A. Blinn, Liberty National Life Insurance Company, IV-D-50
Supports the concept of integral vistas:
The agencies in charge of the Class I area should
determine where they exist.
Judgement should be made on the basis of preservation
of resources rather than energy on economic consid-
erations.
Urges EPA to specify date by which Phase II will be implemented.
Would like to see detailed guidelines on monitoring existing
sources and modeling new sources.
Federal Land Managers should have key role in the program:
They should have up to one year to determine the adverse
impacts of a new source.
The burden of proof of no adverse impacts should be on
the source.
A-71
-------
Ronald O. Skoog, Commissioner of the Alaska Department of Fish
and Game, IV-D-51
Opposes regulation of prescribed burning:
- Smoke from management fires is important to the ecosystem
function in Alaska.
A-72
-------
Scot Frazer, Concerned Citizen, IV-D-52
Supports concept of integral vistas.
Federal Land Managers should have strong roles in the program.
A-73
-------
Robert W. McConnochie, Concerned Citizen, IV-D-53
Supports the concept of integral vistas:
Should include vistas from outside the park.
Judgement should be made on the basis of preservation
of resources rather than energy or economic consid-
erations.
Federal Land Managers should have a strong role in the program:
They should have up to one year to determine if a new
source will have adverse impacts on a national park
or wilderness area.
Responsibilities for implementation of regulations by National
Park Service and other Federal Land Managers needs to be more
clearly defined.
A-74
-------
James R. Hamilton, Concerned Citizen, IV-D-54
Supports concept of integral vistas:
They should include vistas from outside the parks.
Judgement should be made on the basis of preservation
of resources rather than energy or economic consid-
erations.
Supports "best available retrofit technology."
Federal Land Managers should have authority to implement
visibility protection for their own Class I areas,
They should have up to one year to determine if a
source has adverse impacts on a park or wilderness
area.
EPA_should issue "without delay" specific guidelines on
monitoring and new source modeling.
A-75
-------
Robert Franz/ Concerned Citizen, IV-D-55
90 day limitation for designating integral vistas is
not long enough.
Endorses 30 day period to classify an integral vista
when a new source permit is applied for.
A-76
-------
John G. New, Chairman of Biology Department at State University
College in Oneota, New York, IV-D-56
Supports concept of integral vistas.
Federal land managers should have strong roles in visibility
program.
Burden of proof of no adverse affects should be on
industry.
Urges EPA to establish specific date for implementation of
Phase II.
Feels it is urgent that modeling and monitoring are made part
of the program immediately.
A-77
-------
Connie Yarbrough, Concerned Citizen, IV-D-57
Supports concept of integral vistas:
Judgement should be made on basis of preservation of
resources rather than energy or economic consider-
ations .
Federal Land Managers should have an aggressive role in visi-
bility program.
Urges a specific date for implementation of Phase II.
Urges EPA to issue specific buidelines for monitoring and
modeling new sources.
A-78
-------
League of Women Voters of .U.S., IV-D-58
Support the proposed regulations - with comments:
Proposed definition of visibility impairments too
subjective.
Support phased approach, but a schedule for later phases
should be included in the final rule.
Identification of integral vistas should be responsibility
of the PLM's.
Monitoring provisions are inadequate. Specific monitoring
guidelines are necessary.
Requirements for long-term planning by states are vague.
Should encourage states to go beyond federal requirements for
"grandfathered" sources:
' States should establish compliance schedules.
. EPA should propose legislation to control pollution from
older (more than 15 years prior to August 7, 1977)
sources.
Proposed rules do not adequately delineate EPA's role and
responsibilities.
A-79
-------
Mahlon K. Rudy, Director of Member Relations for the Virginia
Agribusiness Council, IV-D-59
Opposes regulation of prescribed burning:
Any new restraints on it would mean increased costs to
landowners and higher prices for forestry products.
A-80
-------
George Anderson, Manager of Forest Improvement, Department of
Brunswick Pulp Land Company, IV-D-60
Opposes regulation of prescribed burning.
A-81
-------
M
. R. Warmer, Concerned Citizen, IV-D-61
Supports concept of integral vistas:
- Agency in charge of Class I areas should determine where
they exist.
Federal Land Manager should have an aggressive, well defined
role:
Should be allowed up to a year to determine if a new
source will have adverse affects on visibility.
Burden of proof of no adverse affects should be on
source.
A specific date for implementation of Phase II is needed.
Calls for detailed guidelines for monitoring techniques.
A-82
-------
James Frye, Concerned Citizen, IV-D-62
Urges specific guidelines for monitoring and new source
modeling.
A-83
-------
Ben Park, Executive Vice President of the North Carolina Forestry
Association, Inc., IV-D-63
Opposes regulation of prescribed burning:
Reduces wildfires.
. Encourages regeneration.
A-84
-------
Galley, Concerned Citizen, IV-D-64
Supports concept of integral vistas.
Federal Land Managers roles should be better defined andjnore
aggressive. , ':
EPA should specify a date for the implementation of Phase II.
EPA should issue detailed, specific guidelines for monitoring
and modeling.
A-85
-------
United Power Assoc. , IV-D-65
Posed seven questions:
1)
2)
3)
4)
5)
6)
7)
What is present visibility in Class I areas?
What instrumentation is utilized and how accurate is
What is the appropriate value to attach to an obtained
visibility value? .
What criteria does the Department of Interior use to
rank or compare one Class I area with another?
What input does a park visitor have in rating
visibility?
Is visibility an absolute value or is it based upon
subjective judgement?
What does the Federal Land _ Manager use as criteria in
determining natural conditions?
Questioned Economic Impact.
What criteria will be used to determine when economic
impact becomes a factor in visibility impairment.
Questioned relation to health and welfare:
. Does decreased visibility impact on health or welfare?
Opposes integral vista concept:
Appears EPA is expanding the statutory scope of 16 9A.
Opposes the regulations:
- Feels the regulations are unjustified.
A-86
-------
American Pulpwood Assoc., IV-D-66
Opposes Sec. 51.306 (f) (5) dealing with prescribed burning.
Prescribed burning has less harmful effects than wildfires,
Used for forest management purposes.
Intent of the act was toward control of stationary sources,
Strike reference to forest management from the proposed
regs.
A-87
-------
Richard C. Allen, State Forester in Mississippi, IV-D-67
Opposes restriction of prescribed burning.
A-88
-------
David Vaso, Concerned Citizen, IV-D-68
Supports visibility program.
A-89
-------
Ron Graybeal, Concerned Citizen, IV-D-69
Supports visibility program.
A-90
-------
Roscoe A. Polland, Director of Conservation Call, IV-D-70
Federal Land Managers should have strong role in visibility
program.
They should have one year to determine adverse impacts
on Class I areas.
The burden of proof of no adverse affects should lie
on the source.
EPA should set a date for implementation of Phase II.
Would like to see specific guidelines on monitoring and new
source modeling as soon as possible.
A-91
-------
Josephine Ciak, Concerned Citizen, IV-D-71
Supports concepts of integral vistas:
When it only includes views from inside the park.
The agency in charge of the Class I area should determine
where they exist.
Judgement should be made on the basis of the preservation
of resources rather than energy or economic consider-
ations .
Federal Land Managers should have well defined strong roles in
the program.
- They should be permitted up to one year to determine
the adverse impacts of a new source.
The burden of proof of no adverse affects should be
on the source.
EPA should specify a date for the implementation of Phase II.
EPA should issue detailed specific guidelines on monitoring
and new source modeling as soon as possible.
A-92
-------
Royce Satterlee, Concerned Citizen, IV-D-72
Opposes regulation of prescribed burning.
A-93
-------
Stephen L. Ramsdell, President of Southern Arizona Environmental
Council, IV-D-73
Supports visibility program.
A-94
-------
NCASI, IV-D-74
Opposes definition of visibility impairment as presented:
1
Propose the definition: a "humanly perceptible change
in visual range, contrast, or coloration that inter-
feres with the viewing of important scenic landmarks
or panoramas, and is caused solely by manmade air
pollution". Based on the fact that any plume would
be subject to the EPA proposed definition.
Adopting the NCASI definition would reduce the number
of existing sources subject to 169A.
Provide more guidance to States and FLM's.
Opposes allowing FLM's to select impacting existing sources on a
visual basis.
A selected rating panel should make the observations on
all selected areas.
Comment on inconsistency of selection of the 156 completed
visibility assessments:
Wide variation in the criteria among FLM's for listing
particular sources as having a possible effect on
Class I area visibility.
Oppose use of unvalidated models.
Models should be validated before used to assess changes
in visibility resulting from existing sources or from
those sources with additional control equipment.
After validation any model should be included in EPA's
Guideline On Air Quality Models.
Opposes use of unvalidated models to predict impact of new or
modified sources:
EPA should not require a visibility impact analysis in
a PSD permit application unless a source is located
close enough to a Class .1 area and is large enough to
cause concern.
Suggests further research to determine levels for when
visibility should be included in PSD permit application,
A-95
-------
IV-D-74 continued
Opposes concept of integral vistas:
It is not explicit in paragraph 169A.
. In effect extends boundaries of Class I areas.
. Conflicts with present PSD system where SO2 and TSP
increments apply within the Class I area only.
. If integral vistas are in final regulations, they
should be stringently reviewed, and very definite
criteria for impact should be developed.
Supports concept of development of long-term visibility
protection strategies.
Support the development of smoke management guidelines for
prescribed burning:
Forest service should develop these.
Consideration should be given to tradeoffs with the
impact from potential wildfires.
A-96
-------
Walter Rivers, Concerned Citizen, IV-D-75
Supports concept of integral vistas:
Judgement should be made on basis of preservation of
resources rather than energy or economic reasons.
Should include vistas encountered while approaching
the parks.
The agency in charge of the Class I area should decide
where they exist.
Federal Land Managers should have a very active well defined
role in the program.
They should be allowed at least one year to determine
if there will be adverse impacts from a source.
Urges EPA to set a specific date for implementing JPhase II.
Would like EPA to issue detailed guidelines for monitoring.
A-97
-------
William C. Dockins, Timber Manager for Montana Pole and Treating
Plant/ IV-D-76
Opposes regulation of prescribed burning:
Promotes germination of seeds.
- Reduces potential fire hazard.
A-98
-------
Charles F. Walters, General Manager of Electric Division of
Department of Public Utilities in Wallingford, Connecticut,
IV-D-77
Opposes the visibility program in general.
A-99
-------
Union Camp, IV-D-78
Opposes regulation of prescribed burning.
Prescribed burning is conducted in a way as to minimize
adverse environmental effects.
Burning is used for site preparation as opposed to
mechanical clearing or herbicides.
Burning is used for wildlife management.
It is a desirable substitute for wildfires.
A-100
-------
Kathleen Oss, Concerned Citizen, IV-D-79
Supports visibility program.
A-101
-------
Mrs. M. Mathews, Concerned Citizen, IV-D-80
Supports visibility program.
A-10 2
-------
Missouri Department of Natural Resources, IV-D-81
Comment on responsibility for visibility impairment determination:
Unclear whether FLM or State has responsibility.
Unclear how often observation should be made.
Opposed to states considering integral vistas as part of SIP's.
Since 169A(e) prohibits Administrator from requiring
the use of automatic or uniform buffer zone or zones.
Presented problem not covered in proposed regulations (author says)
A source may exist in one state - with no mandatory Class
I areas, but may affect visibility in Class I area in
another state.
Comment on definition of "visibility impairment".
Too subjective.
Will standard method be developed?
Comment on "natural conditions":
Too subjective.
Dependent on observer.
EPA should supply names and address of FLM's.
Opposed to application to EPA for BART exemption.
State is responsible for preparing the BART analysis, and
require the source to install BART, but cannot determine
exemption.
Opposed to the new source procedures in Section 51.307 as proposed:
Opposed to notifying FLM and appears to give veto power
over state permit to FLM.
It appears FLM would be notified twice for the same
application.
Not clear what "an adverse impact on visibility" refers
to in 51.307(b).
It is not clear in 51.307(g) who will resolve disputes
between FLM and state.
Comment on visibility .impairment:
. Contrast change perceptible of 0.02 to 0.05 was not
included in the proposed regulations.
Training available to detect visibility impairment?
A-103
-------
IV-D-81 continued
Comment on reanalysis of BART:
Should not be on a regular basis. _ .
. Should be a minimum grace period between BART installation
and reanalysis at that facility in order not to overly
burden a company financially. _ -oar-m
. The state should have primary discretion to reanalyze BART.
Opposed to consultation with FLM on anything other than exemption
(Section 169A(a)(2)).
- Claim there is no statutory basis for consultation._
State believes if Congressional intent were there, it
would have been explicit.
A-10 4
-------
Michael Barry and Laura Corbin, Concerned Citizens, IV-D-82
Supports concept of integral vistas.
Federal Land Managers should be given strong roles in the
program.
States should be required to set dates against which progress
can be measured.
A-105
-------
Stephen Tognoli, Concerned Citizen, IV-D-83
Supports visibility program.
A-10 6
-------
Matthew Brennan, Concerned Citizen, IV-D-84
Supports concept of integral vistas: .
The agency in charge of the Class I area should determine
where they exist. ,
Judgement should be made on the basis of preservation
of resources rather tha'n energy or economic consider-
ations.
Federal Land Managers should have well defined, aggressive roles
in the program.
Urges specific date for implementation of Phase II.
EPA should issue specific guidelines for monitoring and new
source modeling.
A-10 7
-------
H. Mike Miller, State Forester in Oregon, IV-D-85
Opposes regulation of prescribed burning:
It controls insects.
- It increases forest yields.
It reduces occurrence of wildfires.
. It pollutes less than wildfires.
. EPA is attempting to deal with natural source rather
than man-made.
. Smoke from prescribed fires has not been proven to
adversely impact Class I areas.
- Proposed regulations would not meet forest management
needs.
Proposed regulations would not provide measurable air
quality benefits as a result of forced reduction of
burning.
Opposes concept of integral vistas:
EPA is attempting to regulate beyond the intent of
Congress. .
- It violates section 169A(e) of the Clean Air Act.
"Administrator shall not require the^use of any
automatic or uniform buffer zones...".
. It violates section 164:
- EPA attempts to reclassify integral vistas as
Class I areas.
- Only states have the authority to redesignate
areas to Class I status.
Concept of integral vistas should be removed from the
final rules.
Opposes section 51.306(g):
EPA is telling the states how to do the job rather
than requiring that it be done.
Language is unclear:
- EPA should clarify how it intends to evaluate impacts
from prescribed burning when comparing them to the
impacts from wildfire - the explanation given in the
"Supplemental Statement of Basis and Purpose, (3)
Visibility Impairment, p. 34773 is not consistent
with the analysis techniques EPA uses for other
sources.
A-108
-------
IV-D-85 continued.
Supports definitions of "significant impairment" and "adverse
impairment":
They should include "the extent, intensity'and duration
of the impairment as well as the other variable mentioned,
Class I areas that may be significantly impaired by a
source should be determined by the state on variables
EPA identified.
A-109
-------
Ethel Thorniley et al, Concerned Citizens; IV-D-86
Support concept of integral vistas:
Including vistas encountered when approaching the parks.
Want a strong, aggressive role for Federal Land Managers.
Want EPA to add specific monitoring requirements to the regulations,
A-110
-------
Ralph Leon, Concerned Citizen, IV-D^87
Supports visibility program.
A-H1
-------
Lee Grant Snyder, Concerned Citizen, XV-D-88
Supports visibility program.
A-112
-------
Karin Tilberg, Co-Chairman of Firends of Earth, Marine Branch,
IV-D-89
Supports integral vistas,
A-113
-------
NM Citizens for Clean Air and Water, IV-D-90
Comment on ICP report "Preliminary Assessment of Economic Impact
of Visibility Regulations".
IGF found the impact would be twice as high as data sub-
mitted by the utility (Arizona Public Service Co.)
would indicate on cost analysis.
. The author also did cost analysis for BART and found much
lower figures than ICF.
A-114
-------
Connie Hewett, Concerned Citizen, 1V-D-91
Supports visibility program.
A-115
-------
Rick Hewett, Concerned Citizen, IV-D-92
Supports visibility program.
A-116
-------
Carol Ruckdeschel, Concerned Citizen, XV-D-93
Supports visibility program.
A-117
-------
Stephen B. Austin, Concerned Citizen, IV-D-94
Supports visibility program.
A-118
-------
Bob Jackson, Concerned Citizen, IV-D-95
Supports visibility .program.
A-119
-------
Duane E. Lamers, Concerned Citizen, IV-D-96
Supports visibility program.
A-120
-------
John K. McBri.de, Silviculturist for St. Regis Paper Co., IV-D-97
Opposes concept of integral vistas:
Vistas tend to be self contained in Montana.
Opposes regulations of prescribed burning:
Best regulation of forest produced smoke is being done
by the Montana State Airshed group.
Fire is a natural process and a natural tool.
A-121
-------
A. Stewart Bledsoe, Executive Director of the Washington Forest
Protection Association, IV-D-98
Endorses~coitiments of Mr. Elaine Fielding of the American Paper
Institute and the National Forest Products Association of June 30,
1980.
A-122
-------
Derry Gulp, Concerned Citizen, IV-D-99
Supports concept of integral vistas:
* When it means only views from inside the park.
Federal Land Managers should determine such vistas.
Judgement should be based on basis of preservation of
resources rather than energy or economic considerations
Federal Land Managers should have a strong role in the program.
They should have up to one year to determine adverse
affects.
Burden of proof of no adverse affects should be on the
source.
EPA should specify a date for the implementation of Phase II.
A-12 3
-------
Delaware Valley Citizens' Council for Clean Air, IV-D-100
Supports the proposed regulations.
A-12 4
-------
Citizen - Hillman, IV-D-101
Supports the proposed regulations,
A-125
-------
Citizen - Rapstine, IV-D-102
Supports the proposed regulations.
A-12 6
-------
Citizen - Friendly, IV-D-103
Supports the proposed regulations:
Specific visibility standards should be set.
Monitoring should be required for existing sources.
. Visibility standards should be included in NSO's and
SCS's.
A-127
-------
Citizen, Wilson, IV-D-104
Supports the proposed regulations,
A-128
-------
Eugene Marc Trisko, IV-D-105
Presents comments on behalf of Stern Bros., Inc.
Comments consist of a detailed report entitled "Prevention
of Significant Deterioration and Visibility Protection:
Critical Constraints to Domestic Energy Development".
PSD and visibility regulations will limit the development
of economically efficient mire mouth electric generating
and synthetic fuel conversion facilities in West Virginia
and most other coal reserve states.
Report states that application of BACT and the current
NAAQS could substantially achieve all the objectives of
PSD and visibility protection.
Up to 60% of West and 10% East may be off limits for new
power plant siting due to Class I areas.
Siting studies done in 1975 and 1976 underestimate size
of buffer zones surrounding Class I areas.
Integral vistas can extend 100 KM or more from Class I
areas. Siting studies available to Congress did not
consider this concept.
Need to develop a long term dynamic plant siting model.
Recommends Congress rethink visibility and PSD to con-
clusions siting problems and future coal development
in' U.S.
A-12 9
-------
Smith, Attorney, EPA, IV-D-106
Questions the ability to meet the November 15, 1980 for final
promulgation of the regulations:
The extention of commenting period from August 5, 1980
to August 22, 1980 may hinder meeting the final date.
A-130
-------
Citizen - Staten, IV-D-107
Opposes provision to regulate.prescribed burning.
Forest fires are a natural phenomenon.
Already regulated by the states.
Reduces hazard of wildfire and improves wildlife habitat.
A-131
-------
N.J. - Div. of Parks and Forestry, IV-D-108
Opposes regulation of prescribed burning.
Reduces chance of wildfire.
. Raises productivity of woodland. Creates a favorable
seedbed for pine. . . .
Not burning produces more favorable conditions for wild-
life.
Enhances the aesthetic value.
. Reduces undesirable insects and plant disease.
A-132
-------
Rees, Citizen, IV-D-109
Supports the proposed regulations, with comments:
FLM should be responsible for conducting the visibility
assessment review for new sources.
FLM should have a clearly defined role in implementing
visibility regulations.
FLM should have 1 year to review new source impact.
Burden of proof (new source) should be on the developer.
EPA should specify a date for Phase II.
A-13 3
-------
AL Forestry Assoc., IV-D-110
Opposes the regulation on prescribed burning.
Assures the objectives of planned silviculture, agriculture
wildlife habitat, natural ecosystem management, and fire
hazard reduction.
. Prescribed fires allo fires to be confined.
Prescribed fires have a positive net impact on visibility
protection.
Important tool in management of timber land.
A-134
-------
Allegheny Mining Corp., IV-D-111
Opposes the proposed regulations in general.
Specifically sites a power plant which if ceases to purchase
fuel in the area (the plant impacts on a Class I .area) will
causn economic hardship:
Vepco, Mt. Storm Plant is this company's primary customer.
Benefits of visibility do not justify cost:
- ICF studies did not include local economy impact.
Costs -are far out of line with the value to the public.
Visibility is not a health related issue.
Visibility impairment is reversible.
A-135
-------
Citizen - Davidson, IV-D-112
Opposes the regulation of prescribed burning.
Feels this is unwarranted.
Prescribed burning is carried out in compliance with
guidelines for proper smoke management.
Periodic burning is a natural occurence.
Improves wildlife habitat.
Clears forest floor.
Reduces chances of catastrophic fire due to fueld buildup.
EPA1s regs are in direct conflict with proper smoke
management.
A-13 6
-------
League of Women Voters of Texas, IV-D-113
Supports the proposed regulations, with comments:
. Development of improved monitoring technology.
Specific standards for data collection should be set.
Later phases should have definite deadline dates rather
than the terms "three years" or "ten to fifteen years"
Grandfathering should be modified to require BART by
states.
Role of FLM should be further clarified.
A-137
-------
GA Forestry Assoc., Inc., IV-D-114
Opposes the regulation of prescribed burning.
. Hazard reduction - reduce chance of wildfire.
. Site preparation - reduces need for mechanical or
chemical site treatment.
. Competition control - control hardwoods and brush in pine
forests.
. Wildlife habitat maintenance - fire is used to favor game
food species.
The state maintains a smoke management, system.
. Less pollution will be produced with prescribed fires
than with wildfires.
A-13 8
-------
Jensen, Citizen, IV-d-115
Supports the proposed regulations.
A-139
-------
Johnston Lumber Company, IV-D-116
Opposes regulation of prescribed burning.
A-140
-------
McGill, Citizen, IV-D-117
Supports the proposed regulations:
. Economic considerations should not be weighed unless they
favor preserving the parklands.
A-141
-------
Leind, Concerned Citizen, IV-D-118
Supports the proposed regulations:
- Monitoring provisions should be included.
A-14 2
-------
Danforth, Concerned Citizen, IV-D-119
Supports the proposed regulations,
A-143
-------
Florida Department of Agriculture and Consumer Service, IV-D-120
Opposed to control of prescribed burning:
Prescribed burning is more desirable than other methods
of control for silvicultural purposes,
- Also claims that wood smoke existed in the air before
man-made pollution therefore a "national baseline
for visual impairment should include smoke from
wildfires (as if they were to occur even if controlled
burning is used).
Opposed to concept of integral vistas:
State has the authority now to protect the vistas outside
Federally managed lands.
. This is an extention by EPA of the jurisdiction granted
by Congress.
A-144
-------
Keim, Citizen, IV-D-121
Supports proposed regulations.
A-145
-------
Seidman, Citizen, IV-D-122
Supports proposed regulations.
A-146
-------
Peiser, Citizen, IV-D-123.
Supports proposed regulations,
A-147
-------
Van Leuven, Citizen, IV-D-124
Supports proposed regulations.
Complaining specifically about Phelps-Dodge Smelter in
Arizona.
A-148
-------
Atlantic Electric, IV-D-125
Opposes BART Guidelines
Disagrees with requiring 40CFR60, Subpart Da for BART.
Opposes "visibility impairment determination" deadline.
Final rulemaking in November 1980 for this provision does
not give the FLM adequate time to determine year-round
visibility conditions.
Comments were made specifically on the effects of one power plant
the company owns.
Comments on the ICF guideline:
AE's England Station was in the guideline study. AE
challenged the cost analysis as being too low by a factor of 3.
A-149
-------
Citizen - Burling, IV-D-126
Support the proposed regulations:
- Monitoring should be required.
Opposes the grandfather clause for exempting facilities.
A-150
-------
N.C. Cattlemen's Assoc. - Env. Mft. Comm.,. IV-D-127
Opposes regulation of controlled burning.
Will impair visibility only short time.
Will remove accumulation of fuel in forest, thereby
reducing chance of wildfire.
Will increase the availability of food to wildlife.
Prescribed burning is already regulated (in California)
A-151
-------
Citizen - McGoldrick, IV-D-128
Supports the proposed regulations.
Opposes the grandfather clause with exemption for facilities,
A-15 2
-------
LA. Forestry Assoc., IV-D-129
Opposes regulation of prescribed burning.
Proper forest management enhances the Class I areas.
Needs come before visual beauty.
Prescribed burning reduces chance of wildfire.
A-15 3
-------
Citizen - Roberts, IV-D-130
Supports proposed regulations.
Opposes delegation of new source review to state agencies:
EPA should assume the responsibility of final review.
A-154
-------
Brands Corporation, IV-D-131
Opposes prescribed burning regulations.
A-155
-------
Citizen, Wolff, IV-D-132
Supports proposed regulations:
Supports integral vistas.
- There should be a buffer zone around Class I areas,
A-15 6
-------
CA. State Grange, IV-D-133
Opposes control of prescribed burning.
If implemented, however, wild fires should be considered
part of .a "baseline" for visibility impairment.
Any restrictions on prescribed burning for visibility
must be consistent with objectives of current state
smoke management programs.
Visibility program (burning) must be coordinated with
the other programs of federal and state agencies, and
private breakdowns.
This is needed (burning) to reduce fuel hazards.
Increase productivity.
A-157
-------
Citizen - Suk, IV-D-134
Supports proposed regulations with exceptions:
Need modeling for new sources.
. A specific date for BART installation should be set.
- National Park Service needs a strictly defined role
in the process. .
. Final regulations should state - burden of proof is
placed on developer (new sources).
A-15 8
-------
Citizen - Maxwell, IV-D-135
Supports proposed .regulations.
A-159
-------
Evans, Kitchel & Jenckes, P.C., IV-D-136.
- Comments submitted on behalf of Phelps Dodge Corporation.
. Proposal exceeds statutory authority in several respects.
Foremost is integral vistas.
. EPA's reference to grad distant etc with respect to areas
outside Class I area is meritless. These references
could have been and probably were to vistas in one
portion of a Class I area tc another.
. Legislative history is not helpful but what relevant
legislative history exists indicated integral vistas
are not permitted. -I/TO*
. Use of word "over" clarifies work "in" as used in 169A
and demonstrates informity of EPA's position.
. 169A clearly does not provide for protecting integral
vistas. * , . r,
Integral vistas in essence establish buffer zones which
are precluded under 169A(e).
. Definition of existing major stationary source also goes
beyond EPA's statutory authority. Should not include
reconstructed sources. These sources are to be grand-
fathered by Act.
- Definition of FLM is not consistent with statutory
definition in 302(i). i/m*
- FLM given far broader powers than entitled to under 169A.
169A gives FLM 3 powers. .
State is to prepare summary of FLM conclusions and recom-
- Regulations3require FLM consultation beyond that required
R undSr Act. Sections 51.302(b) (3) ,, (c). (4) (ii) , c) (4) (m) ,
51.305(a), 51.306(b), (c) (i) , , (c) (2) (i) , (c) (2) (11) ,
51.307 (b)(c)(e)(f) and (g) are beyond scope of 169A(d>.
. No role for FLM in BART. References to FLM 51.302(c)(4)
should be deleted.
- Visibility impairment should be determined by average
observer not those of highest degree of visual activity.
. 51.307 attempts to apply 169A to new sources. However,
169A is not applicable to new sources. 51.307 should
be deleted. _
. Believes EPA not fairly quoted Senator Muske and McClure.
Need to look at full exchange. Visibility requests dis-
cussed in exchange between Muske and McClure is for all
requirements not just BART. _
EPA wrongly quotes House Conference proposal rather than
final report to support certain aspects of proposed
regulations.
BART determinations are State determinations.
A-160
-------
Wilderness Workshop of Colorado, IV-D-137
Support integral vistas concept.
Request oil shale retorts be added to the list of major
stationary sources.
The regulations should be promulgated.
Opposes the 90-day limit in 51.302(c)(2)(i) and (ii) for FLM:
Recommends automatic updates to the SIP's as land
plans are completed.
Opposes provisions 41.304(d) and 51.307(h)(1)(i):
These require identification of the integral vista prior
to the calendar year in which a new source permit is
filed. This would be best accomplished through land
plan reviews.
There should be no time constraints.
Recommend a change of 51.307:
Approval of a new source permit must be contingent on
no perceptible change in visibility and the FLM must
agree before permit is granted.
BART reanalysis:
Should be automatic and periodic.
A-161
-------
Oregon Women for Agriculture, IV-D-138
Opposes restrictions on agricultural burning.
Limiting burning or using other methods would increase
cost per acre to grass seed industry.
Annual field burning is of short duration.
Regulation of field burning is unnecessary.
A-16 2
-------
N.C. Dept. of Nat. Resources - Forest Res..Div., IV-D-139
Opposes any restriction on prescribed burning:
Used for hazard reduction-control of wildfires.
Economical means of controlling pine stands and
preparing seedbeds prior to harvest.
. N.C. manages a voluntary smoke management program now.
Burning only takes place under controlled conditions.
A-163
-------
Citizen - Matovich, IV-D-140
Opposes regulation controlling prescribed burning.
A-164
-------
Citizen - Leigh, IV-D-141
Supports the proposed regulations.
A-16 5
-------
Citizen - Zimmerman, IV-D-142
Supports proposed regulations.
. More emphasis on monitoring.
A-166
-------
Burlington Northern, IV-D-143
Opposes reference to the control of prescribed burning:
Wildfire is part of natural background, and this is
a substitute.
If the regulation is adopted, then prescribed burning -
smoke management programs should be considered BACT.
Opposes integral vistas concept:
Extends Class I to non-federal lands.
Creates adverse social and economic impacts to
communities in the Pacific NW.
Requests non-federal land managers be included in coordination
efforts:
Non-federal land in west is intermingled ownership with
federal lands where impact on Class I could occur.
Opposes modeling for visibility at this time:
Models are not sophisticated methods for visibility at
this time.
General support for other portions of regulations.
A-16 7
-------
Citizen - Jacobson, IV-D-144
Supports regulations.
A-16 8
-------
Citizen - Spell, IV-D-145
Supports regulations.
Supports integral vistas.
A-16 9
-------
Citizen - Gregory, IV-D-146
Supports regulations.
Opposes the grandfather clause.
A-170
-------
Citizen - Marion, IV-D-147
Supports regulations.
Opposed to 30-day comment period for FLM's on new sources:
Should be one year.
Integral vistas - designation:
Present proposals allow too much latitude to FLM1s
in designation.
Criteria should be set.
Major source categories:
Surface mining should be added.
Monitoring:
Monitoring program should be required in more detail,
The role of FLM should be strengthened and clarified.
A-171
-------
Citizen - Miller, IV-D-148
Supports regulations.
Should be guidance for enforcement of the regulations included.
A-172
-------
Citizen - Berry, IV-D-149
Supports regulations,
A-173
-------
Citizen - Kirk, IV-D-150
Supports regulations.
A-17 4
-------
Citizen - Mr. and Mrs. Carl Henry, IV-D-151
Supports regulations.
A-175
-------
Citizen - Barrie and Karren Mayes, IV-D-152
Supports regulations and shuttle buses at YoSemite.
A-17 6
-------
Citizen - Peterson, IV-D-153
Supports regulations.
A-177
-------
Citizen - Dahm, IV-D-154
Support regulations.
Phase II - EPA should specify a date.
A-17 8
-------
National Rural Elec. Coop. Assoc., IV-D-155
Opposes regulations entirely:
Based on increased cost of control.
A-179
-------
Alfred V. J. Prather, Attorney, Kennecott Corporation, IV-D-156
Proposed visibility regulations go beyond scope of Clean Air Act.
"Grandfather" exemption modified - exclusion of sources in
operation prior to August 7, 1962, has been narrowed.
Regulations conflict with Section 119 of the Act_providing
for nonferrous smelter orders (NSOs) by potentially re-
quiring a smelter to add continuous control technology
to reduce emissions of sulfur dioxide.
Opposes extension of visibility protection to include "integral
vistas".
EPA's report to Congress on "Protecting Visibility" dated
October 1979 implied that copper smelters are one of
the principal causes of reduced visibility and includes
a map of areas within 60 miles of Class I areas which
blankets the smelting industry.
Inclusion of integral vistas expands sources subject to
regulation in opposition to Alabama Power case.
Opposes extension of the powers and rights of federal land
managers to include designation of the sources to be regulated
and determination of BART for such sources.
State's authority to determine BART should be recognized.
A-180
-------
Citizen - Euston, IV-D-157
Supports regulations.
A-181
-------
Chemical Manufacturers Association, IV-D-158
Opposes the concept of "integral vistas":
Not authorized by the Act.
- Violates the statutory prohibition in Section 169A(e)
of the Act.
Definitions are vague:
. Use of language "any humanly..." and "natural conditions"
in the definition of "impairment" is vague.
BART
Proposed methodology for BART does not consider the
impacted source's knowledge of control and cost.
The regulations do not adequately consider mobile sources.
A-182
-------
Colorado-Ute Electric Asspc., IV-D-159
Objects to the promulgation of regulations:
EPA should request a 5 year extention from Congress.
The regulations would impose too many financial burdens
for BART.
Specific points were made against ICF guideline.
These dealt with Colorado-Ute plants cited in the study.
Cost estimates were low.
One plant is more than 15 years old and should not be
included.
A-183
-------
Citizen - Ackert, IV-D-160
Supports regulations.
Request change - smelters:
Regulations should be tighter for smelters.
A-184
-------
Hunton & Williams, IV-D-161
Concern over providing public an adequate opportunity to
meaningfully review and comment on the proposed regula-
tion. These steps include:
(1) completion of necessary background work and pre-
paration of the necessary guideline documents;
(2) publication of a complete proposal package for
the visibility regulations after these materials
had been completed, included in the rulemaking
docket, and incorporated into the proposal;
(3) provision for an adequate period for the public
to prepare initial comments on the completed
proposal and background material;
(4) an opportunity for public hearing after the date
for filing initial comments;
(5) a 30-day period for filing rebuttal and supplementary
comments; and
(6) extension of the date for final promulgation
established by the EPA-FOE consent decree, if
necessary.
Agreed that certain actions taken by EPA are responsive
to UARG's request but it is not possible to determine
whether the amount of time is still adequate.
Appears EPA is raising new issues in guideline documents
especially presumption that BART equal NSPS for power
plants.
Other ways EPA has not adequately responded to the UARG.
Not sure why different comment periods are necessary.
Request public hearing be held after initial comments,
were filed. Schedule renders hearing ineffectual..
Problems of schedules reflect the continuing inadequacy
of EPA1s initial proposal and EPA continuing failure to
integrate in a meaningful fashion the.new guideline
documents and background material into original proposal.
May ask District Court for a modification of rulemaking
schedule.
A-185
-------
Citizen - Newton, IV-D-162
Opposes restrictions on prescribed burning.
A-186
-------
Governor - Wyoming, IV-D-163
Opposes future reclassification of Class I areas subject to same
requirements as mandatory Class I areas:
Future Class I areas will be reclassified by state.
States should have option to impose the same or
different requirements on future Class I areas.
Terms vague - "adverse impact" and "significant impairment".
Since subjective - States' judgement should be mandatory.
Requirement in paragraph 51.302(a)(5) unclear:
Consultation with the FLM is seen as a threat.
Not consistent with the Act.
Opposes provisions of paragraph 51.302(c)(4)(ii):
Final decision on BART should be State's responsibility.
Opposes provision of paragraph 51.307(g):
When a dispute arises between State and FLM - permit is
not issued until an EPA review. State should be the
final authority.
A-187
-------
Patricia M. Hanlon, Magma Copper Company, IV-D-164
EPA does not have the authority to extend BART requirements to
source! other than "major stationary sources" as defined in
169A(g) (7) .
Opposes the requirement to revise state imp lenient at ion plans to
protect "integral vistas".
EPA does not have the authority to require the states to impose
retrofit Schnology on sources that have previously been subject
to BART analyses.
One determination of BART when state initiates SIP.
EPA mav not require "major stationary sources" in operation before
Augus?7? 1962? but "reconstructed" after that date to install
BART.
. Magma Copper Company urges EPA to delete the words "or
Deconstructed after that date" from proposed 51.301(a)
and to delete subsection (h) of proposed 51.301 in its
entirety.
EPA may not require a state to apply the BART requirement to com-
ponenS of major stationary sources unless the comp^ent^is itself
a major stationary source as defined in_169A(g)(7) and meets tne
other tests of 169A for BART applicability.
A-188
-------
Citizen - Joyce Vincent, IV-D-165
Supports regulations.
A-189
-------
Superintendent-Grant County Schools, West Virginia, IV-D-166
Opposes regulations:
s would have a direct economic effect on the area
if local power plant were forced to bring in lower
sulfur coal from another area.
A-190
-------
Citizen - Pettit, IV-D-167
Support integral vistas concept:
Opposes 30-day provision for FLM permit review.
Should be revised to 1 year.
A date for Phase II should be specified.
Guidelines on monitoring and modeling should be issued.
A-191
-------
Citizen - Fletcher, IV-D-168
\
Supports regulations:
. Specifically as applies to smelters and power plants,
- Support integral vistas.
Request change in grandfather for smelters:
Older smelters should be included.
A-19 2
-------
Nevada Cattlemen's Association, IV-D-169
Opposes restrictions on prescribed burning:
Should not require SIP revisions for smoke management
techniques.
. Providing a process which would occur naturally.
. More selective release of emissions.
A-19 3
-------
Bunker Hill, IV-D-170 and 170(a)
Opposes the Section 51.30(a) removal of reconstructed sources
from the grandfather clause:
. The intent of Congress was to exempt all facilities in
existence prior to August 7, 1962.
Opposes the integral vista provision:
Has no basis in the Act.
A-194
-------
Crown Zellerbach, IV-D-171
Designation of Class I areas:
Congress did not intend for Department of Interior to
select Class I areas, and EPA to "rubber stamp" the
list.
Opposes the concept of 'integral vistas':
Not part of Congressional intent.
Opposes the regulation of prescribed burning.
Included a copy of the American Paper Institute/National Forest
Product Association statement at the EPA hearing on June 30,
1980. No summation of this was made since it is part of the
hearing record for API/NFPA.
A-195
-------
Scott, Paper Company, IV-D-172
Has reservations concerning visibility regulations application
on prescribed burning:
Cost of timber production will increase.
Productivity of forest lands will reduce.
Disapproves of state's proposed responsibility in carrying out
visibility regulations:
Says fiscally too expensive.
Overall costs out of proportion with potential benefits, so
dislikes visibility regulations.
A-196
-------
Schwabe, Williamson, Wyatt, Moore and Roberts, Oregon Seed
Council, IV-D-173
Opposes the regulation of prescribed burning:
Smoke management techniques are required in the long
term strategy - this is not allowed for in the Act.
The state cannot exclude prescribed burning from the
long-term strategy.
EPA has made no economic assessment of the proposed
rules (burning).
EPA has proposed rules without the completion of the
Forest Service guidelines.
Nine months for SIP development is inadequate.
Opposes the definition of Visibility Impairment:
The use of "Humanly Perceptable" goes beyond the require-
ments in the Act. There is no justification for the
inclusion of non-interfering visibility charges in the
national goal.
Congress was concerned only with visibility problems not
with abstract humanly perceptible changes which do not
interfere with the management, protection, preservation,
or enjoyment of a mandatory Class I Federal area.
Opposes definition of "significant impairment":
A new definition should include an exemption "for smaller
isolated (major stationary) sources which make an insig-
nificant contribution to visibility impairment".
The definition for visibility impairment should be
replaced with the "new" definition for significant
impairment.
Opposes the regulation of integral vistas:
*,Paragraph 169A prohibits the requirement of automatic
buffer zones.
What impact would the recognition of an integral vista
have on a Class I, Class II, Class III or nonattainment
area in which the vista is located? Would this require
a SIP revision to protect the vista to Class I standards?
EPA has "created an unprecidented and unsupported obli-
gation for Congress in an effort to bolster the integral
vista concept" by interpreting what the statute does
not say.
A-197
-------
IV-D-173 (continued)
Statement by the Oregon Seed Council
Opposes regulation of prescription burning:
Grass seed is the major crop of the Willamette Valley.
Field burning is used to reduce or eliminate disease
and pests for optimum seed yield.
Grass seed burning is conducted under the strictest
smoke management program in the U.S.
. Total visibility impact along the Cascade range east of
the Willamette Valley is estimated to be less than 50
hours each year.
- Further reduction of prescribed burning would have severe
economic impact. .
. Restricted field burning could increase f^1.0^^^1011
for mechanical clearing and tilling up to 5,000,000
gallons of gasoline and diesel fuel per year.
Attached was an extensive report - "Final Report, Willamette
ValSEieS and Slash Burning Impact, Air Surveillance Network
Data Evaluation, 1978" Vols. 1 and 2. Field Burning Report.
Also attached was "An Evaluation of Expected Private Losses from
Selected Public Policies for Reducing Open Field Burning, Willamette
Valley, Oregon".
No attempt was made to summarize either of these documents.
A-19 8
-------
Kerr McGee Corp. IV-D-174
Opposes the integral vistas regs.
Plain reading of the statute does not allow this inter-
pretation.
Cites the Congressional Record quote from Costle to sup-
port their argument.
Recommends deletion of:
51.301(m)
51.302(b)(i)
51.302(c)(2)
51.. 304
51.307(b) (should be rewritten - delte reference to
integral vista)
51.307(h)
Opposes requirement that each individual BART determination be
included in SIP.
This is not authorized by 119A.
Not possible to require negotiation and BART determination
within 9 months for each existing plant.
Recommends new language for Section 51.302 (c) (4) (i) :
(i) The plan shall contain a legally enforceable
mechanism for requiring major sources identified
according to procedures in .subparagraph (ii) below
to install and maintain BART controls as determined
by the State.
Opposes Section 51.302(c)(4)(vi) requirement to install continuous
emission monitoring.
Claims monitors may be of little value in meeting visi-
bility stds.
Administrator overstated requirement for monitoring.
Opposes Section 51.303(c).
Claims the Act §169A(c) was set up as an appeal mechanism
from State decision, but the section 51.303(c) .requires
State concurrence on the granting of exceptions.
Opposes federal overview by EPA and the FLM1s in BART analysis
and determination.
The States have primary responsibility for BART analysis
and de te rmin at i on.
A-199
-------
Kerr McGee Corp (continued) , IV-D-174
. Specifically opposes language in:
1) Section 51.302(c)(4)(ii) - consultation with FLM.,
2) Section 52.302 (4) (ii)- .
3) Section 51.302(c)(4)(ii) - consultation with FLM.
Opposes definition of federal land manager.
The secretary of the affected department should decide
« " who the "designated agent" shall be.
. Section 51.301(s) should be revised.
Opposes application of visibility regulation to new sources in
nonattainment areas (Section 51.307).
Claims that this is in defiance of the Alabama Power Co,
vs. Costle decision.
A-200
-------
Montana Power Co., IV-D-175
Opposes the Integral Vistas regulation.
Not provided for in the Clean Air Act.
Opposes Section 51.304(f) for identification of integral vistas
by FLM until December 31, 1985.
Opposes Section 51.304(d).
Commented on the fact that all studies and guideline documents
were not in final form when regs proposed.
Opposes a case-by-case analysis for a new source without specific
criteria set forth in advance.
The process would be too subjective.
Opposes the participation of the FLM in decision-making in the
new source review process.
Comment: This type of federal regulation is confiscatory.
A-201
-------
James B. Corlett, Oregon Forest Protection Association, IV-D-176
Opposes the regulation's application to prescribed burnings:
Prescribed burnings for forest management is a necessity.
. Questions Congressional authority allows EPA to regulate
prescribed burning.
. If venting smoke over Cascade Mountains Class I areas is
unduly regulated, there is simply no place for it to go.
Opposes the proposal to regulate visibility of integral vistas
as a form of buffer outside of Class I areas:
. Eliminates the entire Cascade Mountain range as a smoke
venting area.
Definition of terms:
. Visibility impairment - natural conditions specification
is unclear. What are the criteria establishing natural
conditions? . . .
- disagree with seasonal best visibility as criteria .
representative of natural conditions. Result in
abnormal and distorted judgement basis. _
- the frequency of occurrence and duration of all kinds
of weather should be used to characterize natural
conditions on a seasonal basis.
- average day of'a selected season superior representation
of natural condition.
- history of forest fires should be considered in deter-
mining constitution of natural conditions.
- smoke from prescribed burnings impacts visibility less
than uncontrolled wildfires. _
. Integral Vistas - outside statutory authority of EPA:
- proposed rulemaking inconsistent with Clean Air Act
Section 169A which authorizes prevention in Class I
areas. . .
- does not serve best interests of citizens.
Oppose discretion of Federal Land Manager in designating integral
vistas:
No opportunity for public comment or remedy procedure.
A-202
-------
Air Resources Board - State of California, IV-D-177
Clarify the definition of "Federal Class I Area".
Does this definition include state and private lands
redesignated by the state to Class I, and "federalized"
by inclusion into the SIP?
State should have the authority to designate Class I
areas.
Integral vistas could encompass too large an area:
Vast areas could be designated as an integral vista to
a Class. I area. . .
This could be of major economic, social, and regulatory
impact.
Opposes present language in paragraph 51.307(g):
Final decision should rest with the state.
Opposes regulation of open burning by EPA regulations.
The State of California feels their own regulations are
adequate at present.
Comment: EPA should establish certification procedures for all
visibility monitoring instruments.'
Guidelines or regulations for visibility monitoring should be
developed by a working group such as SAMWG.
Provision for monitoring equipment (purchased by the agency)
should be borne by EPA.
A-203
-------
The Colorado Mountain Club, IV-D-178.
Redefine "significant impairment" section:
Phrase "in the judgement of the Administrator" should
be left out. 51.301(1). .
Thinks federal land managers are too transient and too
sympathetic towards commercial development thus snouia
be included in regulations.
Expand concent of "integral vista" to include areas outside of
Class I area:
Views from places like the high plains add much to over-
all beauty of the mountains. .
- Consider some mechanism for designating vistas outside
of Class I areas.
A-204
-------
Johnston, Concerned Citizen, IV-D-179
Supports visibility regulations in protecting wilderness and
national parks:
Noted past degradation in Grand Canyon.
Noted degradation by copper smelter plumes in Chiricahaus,
Supports Federal Land Managers proposal:
* Have ability to review permits.
Supports active role by states in setting up definitive goals
of visibility:
Smelters should be controlled before 1987.
A-205
-------
Pederson, Concerned Citizen, IV-D-180
Disapproves of the control of prescribed burns:
Burns can only be made a few times a year.
Controlling these burns would take away a valuable
tool of Fire Managers.
A-206
-------
Tucson Audubon Society, IV-D-181
Supports visibility regulations which will reduce emissions
from power plants and copper smelters:
Tourist business for bird watching will suffer.
Areas such as Saguaro National Monument need to ,
have improved visibility.
A-207
-------
Southern Arizona Hiking Club, IV-D-182
Supports visibility regulations that protect Class I areas and
integral vistas:
industries (copper smelters) are endangering scenic views,
Supports state and agency cooperation in enforcement:
Majority of citizens want clean air
People/groups using
areas in question should be permitted
{JLJJLCS/ M J- W l«L j--* tJ \*.t~*-t~*.+ ~y »-» j. ^
to provide information on visibility degradation
Supports role of Federal Land Manager
Supports the setting of definite visibility goals by the states,
Received and approved the document "Criteria of Identification
of Integral Vistas".
A-208
-------
Kirk Cunningham, Sierra Club, Rocky Mountain Chapter, IV-D-183
State does not have the staff, money, or will to control visibility
and recommend EPA/Land Manager to enforce and make decisions con-
cerning visibility.
Proposed regulations too vague, give too much discretion to the
regulator, and too many loopholes to be regulated.
Responsibilities of Federal and State agencies are not clearly
delineated.
Support 8/7/82 application of BART.
Definitions:
Fuel conversion plant - are oil shale and coal conversion
considered plants? are "in situ1 oil shale or coal
conversion considered a plant?
Visibility impairment - agree.
Natural conditions - agree.
Reasonably atributable - visual means method is weak.
Modeling should be included in the definition.
Significant impairment - recommend using instrumentation
in definition since visitors have no basis of compari-
son.
Colorado cannot meet 9-month deadline.
Questionable exercise of EPA authority to regulate interstate
commerce of air pollution (51.302 Ca)(ii)(F).
Unclear - 51.305(a)
Colorado will have difficulty anticipating monitoring
research and base a program on this research.
For BART analyses, available visibility data may include
photographs.
Identification of integral vistas is unclear and 51.304(d)
may be a loophole for noncompliance.
- Recommend EPA fund state's plan preparations and assess-
ment .
Notification is too close to construction.
. Meaning of consultation (51.307(g)) unclear. Who makes
the final decision? Recommend EPA/Land Manager.
A-209
-------
Tennessee Wildlife Resources Agency, IV-D-184
Supports visibility regulations as understanding prescribed
burning as a cost-effect land management technique.
- State wildlife agencies should be given opportunity to
review any rules dealing with prescribed burning.
Each state should establish its own set of rules regarding
prescribed burning and visibility.
Clarification needed in 51.306(f)(5):
Should be rewritten - "Smoke management techniques for
agricultural, forest; and wildlife management purposes,
and"
A-210
-------
Idaho Veneer Company, IV-D-185
Opposes visibility regs. application to prescribed burning:
Thinks forest management techniques will be severely
inhibited.
A-211
-------
Walker, Concerned Citizen, IV-D-186
Supports vis. regs. application towards integral vistas:
As Class I areas, such as Chiricahuas, will be protected.
American heritage will be preserved.
Supports monitoring requirements.
Smelters should comply.
Supports role of Federal Land Manager in insuring visibility.
A-212
-------
Jones, Concerned Citizen, IV-D-187
Provides exemplification for the "integral vistas" concept
whereby the two Class I areas (Chiricahua Wilderness and
Chiricahua Monument Wilderness) within vicinity of their resi-
dence have been affected by the Phelps Dodge Corporation's
Douglas Reduction Works.
Voiced that the Douglas smelter does not comply with
all Clean Air Act regulations.
Feel that the federal land managers working for the U.S. Forest
Service and the National Park Se-rvice should be more vocal in
controlling the facility since their responsibility is the con-
trol and management of the Class I areas which are being affected.
A-213
-------
Robert Harrison, Western Oil and Gas Association, IV-D-188
Support comments made by the American Petroleum Institute.
Oppose protection for integral vistas:
Western states contain energy resources that would not
be available under integral vistas.
Results in serious economic harm to U.S.
. Oppose expansionist interpretation of Clean Air Act
Section 169A that underlies integral vistas.
Increased production of heavy oil in Kern County would
be brought to a halt by unspecified new source permit
requirements to prevent visibility impairment of vistas
outside the Sequoia area.
Oppose Federal Land Managers authority to constrain activities
outside their jurisdiction without energy and economic consider-
ations.
A-214
-------
Pardee, Concerned Citizen, IV-D-189
Cites exemplification of adverse impact of pollution to scenic
vista surrounding the Painted Desert National Park, as well as
to the Park itself.
The Cholla Power Plant and its new sister, the Coronado
facility, are the contributors.
Agrees with "integral vistas" concept:
Clear skies, inherent of Western heritage, affect life
styles and economics of area - tourist dollar.
Park superintendents must be given role to protect.
EPA should strengthen monitoring requirements and establish
visibility requirements for these type areas.
A-215
-------
Skinner, Concerned Citizen, IV-D-190
Supports proposed visibility regulations:
Integral vistas policy is needed. .
- Photographic monitoring of sources to xnsure compliance
is needed.
A-216
-------
Annerino, Concerned Citizen, IV-D-191
Supports proposed visibility regulations:
Need to protect Class I areas.
Need to improve integral vistas.
Insure monitoring and enforcement.
A-217
-------
R. E. Thomason, Occidental Oil Shale, Inc., IV-D-192
The technical basis for regulation is lacking:
- Visibility is not defined. .,.-,*.
. Visibility impairment's relationship to visibility,
visual range, coloration and contrast is not specified.
. Quantitative measurement method to determine a change
in visual range, contrast, and coloration are not
established. .
Background documents cited by EPA are not available to
the public. . .
Relationship between source.emissions and remote visi
bility is not established.
Opposes establishing 'integral vistas':
- Leaves no discretion to states.
. Imoinaes on State's right to determine matters of land use.
i PedirS I,£U Manager should not be given EXCLUSIVE discretion
in designating integral vistas.
Oppose visibility monitoring requirement without designation of
monitoring method.
Oppose final determinations on exemptions by Federal Land Manager.
Regulatory program should be limited to:
Requiring the state to assess visibility impairment using
specified analytical tools. Test for one year.
. Require the state to identify sources contributing to
impairment and determine BACT using EPA modeling methods.
. New sources subject to BACT.
. Require state to receive and consider Land Manager s
recommendations. State has final word.
A-218
-------
Montana State Airshed Group, IV-D-193
Supports the phased approach of the proposed regulations.
The State should have primary responsibility for the program.
Opposes the regulation of prescribed burning:
Congress did not intend to control prescribed burning.
Smoke from forest burning is not a significant impair-
ment in Class I areas.
It is recommended that smoke management systems be
classified as BACT.
The definition of baseline should include large amounts of
wood smoke.
Nonfederal land managers should be included in the process of
developing long-range strategy for visibility protection.
f
Comments on Smoke Management:
Supports concept of developing national management
guidelines.
Guidelines must be flexible enough to adapt to each
geographic area.
Recommends no computer modeling for smoke management.
Supports the general concept of visibility regulations.
A-219
-------
Department of Interior, IV-D-194
. Letter informing EPA that DOI commentors will be unable
to respond by August 25, 1980. Comments are expected
to be submitted by mid-September.
A-220
-------
Win. F. Chestnutt, Society of American Foresters, Alabama Chapter,
IV-D-195
Oppose regulation's application to prescribed burnings:
Prescribed burnings for range and forest management
should be exempt.
Prescribed burning is a safe and economical forest
management practice.
Research by U.S. Forest Service at Southern Forest Fire
Laboratory in Macon, Georgia, indicates that prescribed
fire in forest management results in a NET REDUCTION of
smoke and particulate matter compared to a burn under
wildfire conditions.
Over extended period of time, smoke from forest fires is
not a significant factor in visibility impairment.
Fire is a non-point source when used in a prescribed form.
Oppose regional haze under jurisdiction of EPA.
A-221
-------
No Oilport Inc., IV-D-196
Supports the proposed regulations:
- Agree with the fugitive emission control requirement.
Agree with definition of visibility impairment, but
the author feels there should be a baseline.
Agree with integral vista.
. Agree with application of regulations to new sources.
Opposed to statement that water vapor plumes should not be con-
sidered plume blight.
A-222
-------
Steel Barnett, Western Forestry and Conservation Association,
Opposes regulation's application to prescribed burning:
Prescribed burning is an essential forest management tool
that must be maintained.
Important for wildlife preservation.
Venting smoke over Cascade Mountains is unduly regulated,
no place for smoke to go.
Recommend that prescribed burning be exempted from
visibility regulations.
Prescribed burning preferred to air quality effects of
wildfire.
Definition of terms:
- Visibility impairment - natural conditions speficiation
is unclear. What are the criteria establishing natural
conditions?
- Disagree with seasonal best visibility as criteria
representative of natural conditions. Result in
abnormal and distorted judgement basis.
- The frequency of occurrence and duration of all kinds
of weather should be used to characterize natural
conditions on a seasonal basis.
Average day of a selected season superior representation
of natural conditions.
Integral Vistas - outside statutory authority of EPA.
- Proposed rulemaking inconsistent with Clean Air Act,
Section 169A which authorizes prevention IN Class I
areas.
- Does not serve best interest of citizens.
Oppose discretion of Federal Land Manager in designating integral
vistas:
No opportunity for public comment or remedy procedure.
A-223
-------
City of Colorado Springs, IV-D-198
Opposes integral vistas portion of regulations:
Not intended by Congress. Quotes the Act, paragraph
196A(e) concerning no uniform buffer zones.
- In the State of Colorado there are 1.4 million (Class
I) acres, and with integral vistas another 52 million
acres will be affected.
Would inhibit growth in Colorado.
- FLM have authority extending beyond federal lands under
integral vistas.
Opposes participation of FLM in decision making process.
Consultation over BART analysis.
Consultation in designating a work practice or
operational standard instead of BART., _ _
FLM consulted by state in setting up a visibility
monitoring program in mandatory Federal Class I
areas.
Monitoring is not yet adequate:
Stay away from "intricate instrumentation or complex
modeling".
A-224
-------
James L. Wick; Silviculturist, Concerned Citizen, IV-D-199
Opposes regulations application to prescribed burning:
Important forest management tool - prescribed burning.
Smoke from prescribed fires is less than smoke from
wildfires.
Ash*remaining from burning provides for nutrient recycling.
. Alternative methods to prescribed burning have a greater
environmental impact.
Smoke from prescribed burnings is a natural phenomena.
A-225
-------
James L. Jones, Concerned Citizen, IV-D-200
Prosperity of Arizona depends on the Clean Air Act.
Air pollution is major consideration in locating in
Arizona
A-226
-------
Richard L. Gilinski, Southwest Hawk Watch,IV-D-201
Scenic areas need to be insured with stricter control on
more obvious emission gases, i.e. copper smelting.
Support tightening SC>2 pollution standards that are being
sidestepped by implementing supplementary control
systems and emitting large amounts of pollutants when
meteorological conditions mask the act.
Concerned about the effect of copper smelting on the
unique raptor population in southeastern Arizona.
A-227
-------
Noel S. Yoho, International Paper Company, IV-D-202
Opposes regulation's application to prescribed burning:
EPA's regulation of prescribed^burning is beyond the
fire through
burning result in a substan-
ann in particulate production from all
forest fires ("Role of Smoke Management in Mitigating
Mr Quality Effects from Wildland Fires" by the Society
of American Foresters. Mf«4-v
Wildfires result in exceeding particulate and safety
Reducing^escribed fire conflicts with land resource
Recommend deleting section 51.306(f)(5) in the final rules
A-228
-------
Boise Cascade Corporation, IV-D-203
Opposes regulation of prescription burning:
Prescribed fire is not a major stationary source.
Preferable to a wildfire, since it can be managed.
Opposes reanalysis requirement for SIP's:
. Constitute a moving target for industry.
Opposes integral vistas regulation:
The Act does not provide for protection of vistas outside
the Class I area.
Because a plume is visible from the Class I area, does
not mean the plume contributes to visibility impair-
ment within the area.
Opposes the extensive latitude and authority granted the FLM's.
The determination of visibility impairment should be kept
to air experts.
FLM should be advisory rather than decision making in
this area.
A-229
-------
Bill Prather, Colorado Cattlemen's Association, IV-D-204
Opposes the regulation's application to prescribed burnings:
Smoke from prescribed burning should be considered part
of the baSeline or "natural" visibility impairment
because it is a management tool in controlling the
££-.. t^">f i^fSrfedera? aSdC;?a£nagencies.
'
on ranching practices and force some ranchers out of
business.
A-230
-------
George Menper, Concerned Gitizen, IV-D-205
Supports visibility protection regulations, especially protection
of integral vistas.
Cites personal experience of visibility impairment in a
Class I area.
Supports granting authority to local land managers.
- Recommends detailed monitoring program of other pollutants
in addition to SC>2.
Supports U.S. EPA's authority over states to assure
strict adherence to the regulation.
A-231
-------
Charles E. Bush, III, Continental Forest Industries, IV-D-206
Opposes the regulation's application to prescribed burnings:
- Smoke from prescribed burning should be considered part
of the baseline of visibility impairment because it is
a tool to control the timing, duration, and impact of
naturally occuring fires. Prescribed fires in areas
where the ecosystem is fire-dependent should also be
considered part of the baseline
The
IJ.1O J.VJ.C JL C-VA ^*-*-J- «~ "* *- --^
Clean Air Act protects Class I areas from large
stationary emission
5 ^, ^.O ' W-1-<-*"-» -»- «*..-»-*»» -r
sources. Prescribed burning should
not be considered such a source
not- DC tjuiioj-u-cj-cvj. ,3u.^ij. .j-^
EPA regulations should be consistent with the objectives
of current state and local smoke management programs.
States which do not have air quality problems resulting
from prescribed burning should not have to develop smoke
management techniques
in
.Ss odJ. y JLcy U.J-CL u. j_\-/ii \^j- j^-»- ^-
greater use of alternative practices
could result
lUCUlCL^ C71UGJ-L ** w***» -a.-- .
Unnecessary regulation of prescribed burning
- - actices such
which would be less
as
chemical
and mechanical site preparation, _ _ _.
desirable because of their effects on the environment.
A-232
-------
Jack W. Raybourne, Commission of Game and Inland Fisheries,
Commonwealth of Virginia, IV-D-207
Opposes the regulation's application to prescribed burnings:
Prescribed burning is an important management tool in
improving wildlife habitat, preparation of sites for
reforestation, and reduction of hazardous fuel accumu-
lation.
Prescribed burning should continue to be considered as
a sound forest and wildlife management tool used both
inside and outside of Class I areas.
Prescribed burning is currently conducted under the
regulations of the Virginia Air Pollution Control Board.
A-233
-------
Joelle Reece, Utah Audubon Society, IV-D-208
Supports inclusion of Integral Vistas concept:
Regulation necessary in Utah because of pressure to
develop energy resources near Class I areas with
panoramic vistas. Long term aesthetic gain must be
protected from short term economic gain.
Supports flexibility given to states in developing regulatory
strategy for State Implementation Plans.
. Provision to not require pollution abatement that would
not improve visibility is reasonable, and economically
advantageous.
Supports visibility protection in general:
Support Phase I. . .
' . Support enforcement and further development of regulations
to identify and control non-point sources.
A-234
-------
Department of Environmental Quality, IV-D-209
State of Oregon
Comment: Rules are very general and lacking in technical detail.
Guidelines issued by EPA should be used only as suggestions and
not requirements.
* Strict adherence to guidelines should not be required.
States should have a substantial role in the final determination
of integral vistas.
The time frame of nine months to analyze and schedule long range
control strategies is inadequate.
Identification of sources which impact on visibility will be
difficult.
Monitoring and modeling tools for visibility are not
well developed.
Prescribed burning should be considered in long-term control
strategies.
The amount of emphasis placed on this as a strategy
element should depend on relative contribution.
A-235
-------
Pacific Power and Light Company, IV-D-210
Comments on ICF Report.
- Questions the credibility of the ICF authors.
Visual observations subjective.
. Predicted impacts for visual range are not accurate.
. The ICF report did not take into account factors on Mount
Rainier: seasonal operations of Centralia Power Plant,
seasonal meteorology, and seasonal visitor_usage
The
ment
report did not account for natural visibility impair-
The report gives two conflicting values for blue-red ratio
in two places in the report, and it also lists two con-
flicting values for visual range reduction at two places
in the report
J.J.1 UH<= .L.^J./W.L. v-. .
Challenges the modeling assumptions made on the_impact
analysis of Centralia on Mount Rainier. The impact
from SOo would be less than the ICF model predicts.
Atmospheric discoloration would be less significant than
*" > . * __. _ T _. _...«. T £ r~t VTf^ IS** T T ^>T»T
ICF
^ J,JtV* it- mi- *-* ^fc.*. ' -w ** - - - -
states since the ozone level is very low
XV_-J7 O UCIL.CO (CJJ-iAx^v- ^-**> w_v-.- .* J3
The cost of NOX reduction would be 11 times that outlined
in the ICF report.
Cost of SOo control would be 60% higher than ICF estimated.
The ICF report concludes that Dave Johnson Power Plant
would reduce visual range at the Wind Cave National
Park only a minimal amount. The power plant is 190 km
distant on the east side of the Black Hills, but the
park is on
the west side of the mountain range. The
prevailing winds do not cross the mountain range
Definitions
BART - should be revised to apply only to "each pollutant
which may reasonably be anticipated to cause or contribute
to an impairment of visibility".
. "Significant impairment" and "adverse impact" have almost
the same definition. The reference to "interference
with and impairment of the visitor's visual experience
should be deleted.
Opposes the concept of "integral vistas".
Not the clean meaning of the Act. _
- Paragraph 169A(e) of the Act prohibits an automatic buffer
zone.
A-236
-------
IV-D-210 continued
BART Determinations.
The FLM is given too much authority; especially in
determining what sources will be subject, and if
the BART analysis is acceptable.
The FLM should be required to render an opinion on
exemption within a fixed number of days.
New Source Review
The FLM is unnecessarily involved.
A-237
-------
Friends of the Earth, IV-D-211
Response to Council on Wage and Price Stability issue of
whether FLM can or should take into account non-air
quality factors such as energy and economics.
- FLM has affirmative responsibility to protect air quality
values. No mention of non-air quality factors.
. Determination of BART requires non-air quality impact to
be considered.
- Provisions of 165(d)(D) allows President to waive require-
ments in national interest. National interest includes
economic and energy impacts.
Clear State may use non-air quality considerations in
determining whether or not a new source would adversely
impact air quality related values but does not along
such considerations by FLM.
. Regulations eliminate veto power given to FLM if source
would violate Class I increment. Fails to require States
to obtain FLM consent before issuing PSD permit. 51.307
should be revised to reflect FLM authority to deny per-
mits and make it clear that States are prohibited from
issuing permits without consent of FLM.
- Object to definitions of stationary source and existing
major stationary source, especially any pollutant regu-
lated under Act. Act defines "of any pollutant .
Strongly support integral vistas.
House Report mentions impact of Four Corners plants on
Grand Canyon. . . ,
Many references to scenic values associated with many parks.
- Act does not have to mention integral vistas for EPA to
establish. Integral vistas are rationale tool to
accomplish mandated goal of visibility protection.
Integral vistas procedures need to be modified.
- Designation is clearly responsibility of Secretary
of Interior - cannot be rejected by .States.
- Must give FLM enough time to estciblish. Cannot
establish integral vistas within 90 days. Should
allow designation if State plans within 120 days.
- NSR requirements should apply equally to integral
vistas.
A-238
-------
Eastman Kodak Company, Kingsport,- Tennessee, IV-D-212
Comment on the language in Sections 51.300 (a) and .(b) .
Applicability, of the proposed regulations should be
restricted to include only those Federal Class I
areas where the Department of Interior has properly
identified visibility as an important value.
Opposes definition of "visibility impairment".
The author feels that "any humanly perceptible change"
and the criteria of "contrast" lead to a qualitative
judgement.
The agency should establish.measurable reduction in
visual range and atmospheric discoloration.
Opposes "the assertion that the regulations would be applicable
to reviews of new sources located in non-attainment areas.
Paragraph 169A is part of the PSD portion of the Clean
Air Act and this does not apply to nonattainment areas.
Paragraph 51.300(b) should be revised to exclude review
of sources 'located in nonattainment areas.
Opposes definition of "reasonably attributable" as meaning
"attributable by means of visual observation or other monitor-
ing technique".
There should be a demonstrated link between emissions
from a source and visibility impairment prior to
imposition of controls.
Visual observation of a source concurrent with observed
visual impairment is not sufficient without collabora-
tive information.
Included in any such demonstration (of visibility
impairment) should be an analysis of mobile sources.
A-239
-------
Richard Kamp, Concerned Citizen, IV-D-213
Supports inclusion of Integral Vistas concept:
Integral vistas concept is necessary, but predicts there
will be extensive legal disputes over the designation
of areas as integral vistas. - '
Integral vistas concept is consistent with Congress s
goal to preserve air quality in Class I areas because
of the mobility of airborne pollutants.
. Supports provision to allow federal land managers 30 days
to identify additional integral vistas after being
notified of a new source permit.
Supports phased approach to visibility protection:
- Protects the public against heavy visible pollution.
. Supplied photographs of low visibility during periods of
loco ambient monitor readings, indicating a need to
coordinate visibility to ambient monitoring of total
emissions.
Requests visibility protection for Class II areas.
Measurement of progress in visibility protection:
. Visibility conditions should be subject to an objective
standard. Photographic monitoring is recommended over
a three year period with periods of public comment.
Author supplies a proposal for photodocumentation.
Cites non-ferrous smelters as a major cause of visibility
impairment:
. States that a non-ferrous smelter order under Section 119
of the Clean Air Act is not an exemption from visibility
regulations as pointed out at Salt Lake City public
hearing by Kennecott Copper. .
. States that smelters in southern Arizona alone emitted in
1979 what all the 4-corner states' power plants combined
may emit in 1995. ...
- Disagreed with statement made at Salt Lake City hearing
that the public does not care about individual plumes
and is concerned about regional haze and urban smog.
Was concerned about the significant visual impact of
smelter plumes.
A-240
-------
David E. Pesonen, Director, California Dept. of Forestry
IV-D-214
Opposes the regulations due to. adverse impact on prescribed fires
as a forest and range management tool.
Specific Comments:
51.300 .
A goal requires a good faith effort but may not be
realistic to achieve.
51.301
The term "visibility impairment" should be deleted.
In determining "significant impairment" the role of the
Federal Land Manager versus the state is unclear. Can
Federal Land Manager be overruled by the state?
Integral vistas should not include areas outside of
Class I areas, should require that view be related
to the Fundamental purpose for which the area was
established, the term "reasonably attributable" needs
further definition.
Adverse impace - definition should be revised to be con-
sistent with "visibility impairment" and the role of
the Federal Land Manager.
51.302
51.305
Subsection (b)(ii)(3) should describe acceptable consul-
tation procedures.
Integral vistas should not be protected to the same
extent as mandatory Class I areas.
Protection of integral vistas may restrict the use of
prescribed burning and thus "adversely affect" the
best land management practices of the state.
90-day period for identification of visibility impair-
ments is insufficient. Recommend a minimum of one
year.
EPA should promulgate a national visibility monitoring
guideline under Section 319 of the Clean Air Act.
A-241
-------
IV-D-214 continued
51.306
51.307
Recommend changing the long-term strategy review and
revision to not less than five years.
A bridge is not provided between new source reviews and
the prevention of significant depreciation (PSD) rule.
Priority should be to first prevent problems where
visibility is good, then make reasonable progress to
improve visibility where "significantly impaired .
A-242
-------
Polly Dyer, Olympic Park Associates, IV-D-215
Supports inclusion of Integral Vistas concept:
Recommends extending the integral vistas concept to
include protection of views of areas inside Class I
areas so they will not be marred or obscured by
human-caused air pollution from outside vista points
beyond the boundaries of Class I areas.
Cites specific, potential problems from industrial
growth near Olympic National Park.
States should not determine visibility impairment in Class I
areas:
Superintendents of Federal Mandatory Areas should have
the ultimate authority to determine when integral
vistas are subject to visibility degradation from
air pollution sources.
Protecting public's rights to clean view of Class I
areas is a federal responsibility rather than a
state responsibility.
Federal Land Manager's authority in New Source Review is too
limited:
Federal Land Manager acts only as a consultant under
Section 51.307 of the regulation, thereby undermining
the land manager's responsibility.
Recommends identification of visibility by advanced methods by
inaugurating Phase II guidelines within the current rules.
Recommends EPA and National Park Service initiate proposed
legislation to extend air pollution controls affecting Class I
areas to include effects from acid rain and other pollutants.
A-243
-------
Gordon Tate, Idaho State Grange, IV-D-216
Opposes the regulation's application to prescribed burning:
. Prescribed burnings are essential to some agricultural
. BuSfnfSfgSi^crSf^ble can be avoided in
every instance.
Authority to protect visibility should be granted to states and
local governments rather than the Federal government.
A-244
-------
Robert R. Scott, South Carolina Forestry Association, IV-D-217
Opposes the regulation's application to prescribed burnings:
Prescribed burning is a significant forest management
tool.
Alternatives to prescribed burning (mechanical and
chemical methods) involve high costs or risk.
A voluntary program, the Smoke Management Guidelines
for South Carolina, exists to minimize particulate
concentrations, and smoke in smoke-sensitive areas
resulting from prescribed burning operations.
A regulatory program to restrict prescribed burning
should be a last resort, upon failure of a voluntary
program.
Recommends that EPA carefully consider programs which
will encourage or discourage private investment in
timberlands, especially in view of the need for
alternative energy sources.
A-245
-------
North Dakota, Governor Janklow, IV-D-218
Concerned about visibility monitoring.
Visual observation is highly subjective.
Will instrumentation be available in the near future?
- Will the states and FLM1s be responsible for monitoring?
Does EPA propose to establish a national visibility standard?
- If so, who would be responsible for enforcement?
Opposes regulation of integral vistas:
- Paragraph 169A was intended to protect visibility within
Federal Class I areas. _ . .
. If implemented, the states should participate in the
selection of integral vistas.
Too much final authority is being granted to the FLM and EPA.
- The states should be given more authority.
EPA has veto power over a state determination of an
individual source.
- Will sanctions be threatened if the SIP is not approved.
- What options do states have regarding SIP approval?
Comment on ICF Report:
- How will this report affect new sources.
What about long-range transport.
- How is one to determine cause of haze.
A-246
-------
Kaiser Refractories, IV-D-219
Believe the proposed regulations should not be promulgated:
Oppose BART, since it would impose an unknown economic
burden from continually upgrading emission control
equipment.
Oppose concept of "integral vistas". This would establish
federal land managers an authority over lands they are
not strictly authorized to regulate. Preclude siting
of future major facilities from most places in the
western U.S.
. Definition of "visibility impairment" is vague and an :
objective method for determining visibility impairment
is needed. Baseline visibility in most areas is not
known and therefore impairment of such is impossible
to define.
A-247
-------
Environmental Research and Technology, Inc., IV-D-220 (ERT)
Comments on the ICF Report.
The cost analysis was based on a draft ERT report, and
was not accurate.
. The ERT screening curves in the ICF Report were to be
applied to NEDS data base for broad,, general industrial
categories. These should not be used for any specific
sources.
. All reference to specific sources in ICF's cost analysis
report should be deleted.
. A presentation should refer only to the number and
industrial classification of sources found to have
potential for visibility impairment.
A-248
-------
Todd M. Stamm, Departments of Planning, Zoning, and Building,
Latah County, Idaho, IV-D-221
Supports visibility protection regulations:
Local governments should work with the enforcing agency
to control pollution at the source. ..
The Idaho Association of Counties has encouraged counties
to avoid the intent of the Federal Land Policy and
Management Act of 1976 by including industrial designated
sites and standards of air quality acceptable for those
sites in their land-use .plans. Latah County does not
support the Association's recommendation.
A-249
-------
Gerald Chadock, South Branch Vocational Center,, IV-D-222
Opposes the visibility protection regulations:
Personal observation of a Class I area for 21 years
has not noted any change in the visibility.
. Costs of control and regulation greatly exceed the
benefits derived from protection of visibility
Strict enforcement of regulations
results in use of
less favorable alternatives as in the case of
prescribed burning versus chemical or mechanical
methods of land management.
A-250
-------
Robert M. Brantly, Florida Game and Fresh Water Fish Commission,
IV-D-223
Opposes the regulation's application to prescribed burning:
Prescribed burning is a proven technique in habitat
management for numerous species of wildlife in Florida
and a good method of reducing fuel prior to the occur-
rence of wildfires. Alternatives to prescribed burning
(chemical and mechanical methods) are not economically
or environmentally attractive.
The incidences of wildfire contributions to visibility
inpairment should be included in the National and
regional "baseline".
EPA's'guidelines for prescribed burning techniques which
limit its effect on visibility should be flexible and
adaptable to the circumstances occurring in the individual
states.
Opposes the inclusion of Integral Vistas concept:
States that there are other remedies under the Clean Air
Act which can be used to protect the vistas if necessary.
A-251
-------
Lester Carr, Jr., County Commission of Grant County, West Virginia,
IV-D-224
Opposes visibility protection regulations as written because of
the cost/benefit relationship:
Stated that proposed regulations should be modified to
reflect the realities of the overall costs to society
at large weighed against the minimal benefits of
visibility improvement, of Class I areas.
Cited specific costs from a Grant County power plant
which burns local coal and the economic impact of
visibility protection regulations on citizens of the
Grant County area.
A-252
-------
International Paper Company, IV-D-225
Language is vague and confusing:
Support the general idea, but disagree with the strict
definition of "visibility impairment". Impairment
implies deterioration while the wording specifies only
that a "change" be perceived. "Change" in the defini-
tion should be specified as meaning a decrease in per-
ceived visibility.
How will an individual judge that visibility has been
impaired and at the same time know what the visibility
would be in the absence of man-made pollution?
Problems will occur in identifying the contribution of a source
or multiple sources to regional haze. Monitor data will be
sketchy in that, long-term measurements are for the most part
not available in Class I locations. Identification of impair-
ment will be by guess. Promulgation of regulation should await
development of adequate methodology for obtaining data.
Concept of integral vistas was not intent of Congress.
Models currently available for single sources are unvalidated
and should not be used to predict reasonable improvement in
visibility from application of a control technology.
A-253
-------
Kane County Commission, Kanab, Utah, IV-D-226
Opposes the proposed regulations in general:
. p-ronosal time for comments was too short.
. Proposed regulations were not distributed to enough
people.
Opposes the concept of integral vistas.
Too much authority has been given to the FLM.
There were an inadequate number of public hearings.
A-254
-------
Laurence R. John, Wildlife Management Institute, IV-D-227
Opposes the regulation's application, to prescribed burnings:
Prescribed burning is important in forest, range and
marsh management.
Request a positive, permissive approach to prescribed
burning in the smoke management guidelines.
Flexibility in the national guidelines is necessary
to permit prescriptions to be fitted to local situations,
A-255
-------
H. Ramos, Concerned Citizen, IV-D-228
Supports visibility protection
. States that mining companies should not be given time
extentions to correct infractions of air pollution
regulations. ._,
A-256
-------
American Mining Congress, IV-D-229
Opposes the integral vistas concept.
Paragraph 169A of the Act refers to "visibility in" not
"visibility from".
Protection of visibility in a Class I area will provide
some protection of visibility surrounding the Class I
area, but that is not mandated by the Act.
Plain language in the act clearly states "visibility in".
Since the Act is not ambiguous, it is not necessary to
resort to legislative history.
The author cites examples of legislative history from
the House to support his contention.
Opposes the definition of "Federal Land Manager" in paragraph
51.301(sj.
Language used "or their designated agents" is not con-
sistent with Section 302 of.the Act.
The definition in the proposed regulations seeks to
expand the term Federal Land Manager to include
designated agents. This was not the intent of
Congress.
Monitoring requirements should be established by States.
Paragraph 169A of the Act does not refer to any require-
ment for continuous monitoring and does not specifically
require EPA to mandate continuous monitoring with
respect to BACT.
It is up to the state whether or not continuous monitor-
ing should be mandated.
BART determinations should be left to States.
Section 169A clearly delegates authority for BART
determination and identification of sources subject
to BART to the States.
There is no authority for the provision in Section
51.302(c)(4)(ii) relating to consultation between
EPA, FLM, and the State.
New source review should not be included in this rulemaking.
Since Section 169A is silent with respect to new sources,
they are not to be covered in this section of the Act.
The author cites legislative history to support the new
source review for visibility impairment takes place
under PSD.
A-257
-------
IV-D-229 continued
Opposes State concurrences for exemptions.
Congress did not require concurrence of the states in
the statute. The fact it is silent on the subject
indicates it was not intended.
. In addition, since a state may adopt more stringent
requirements (pursuant to paragraph 116), an EPA
exemption does not mean the state cannot still require
BART for a source.
Opposes the definition of "existing major source".
The proposed regulations in Section 51.01(a) defines_a
"existing major source" as a source which was not in
operation prior to August 7, 1962 or reconstructed after
that date. It is the "reconstruction" language that
AMC opposes. .
. The reference to a reconstructed source was not in the Act.
EPA should recognize the Visibility Modeling Limitations.
- Modeling with respect to visibility impairment is in the
early stages of development. _
. The limitations of modeling should be recognized in the
. BART^wil^be costly to companies, but without modeling it
will be difficult to predict the effectivenes.s.
. Without visibility modeling it will be difficult if not
impossible to demonstrate no impact from new sources.
- EPA should modify the regulation requirements to allow
an adequate period to develop meaningful rules.
A-258
-------
Wayne O. Ursenbach, University of Utah Research Institute, IV-D-230
Language is vague or confusing:
"Baseline visibility" and "significant impairment" are
not sufficiently defined or definable in the rules.
Provides experimental data and experimental method for
determining visibility and concludes that no one method
will be satisfactory for the measurement of visual
range on the reliable estimate of visibility impairment.
Recommends "baseline" average visibility for Class I
areas in the arid and semiarid western United States
be established at no more than 72 miles with an
uncertainty of 10%.
Recommends "significant impairment" be defined at no less
than 10% of the average baseline visual range since
nothing less will result in any noticeable change in
visibility. This is consistent with the EPA position
which defines impairment as any perceptible (by human
observation) change.
Recommends visual range be modeled with a simple equation
such as:
= 0.006M*+ 0.15 miles'
where M = the measured TSP in
Recommends impairment due to long range transport of
particulates over several hundred miles especially
sulfate from distant large urban and industrial centers,
be clearly defined and experimentally determined before
BACT or other control requirements beyond PSD procedures
are imposed on point sources.
Opposes inclusion of Integral Vistas concept:
Long range transport of particulates from natural causes
and from distant urban and industrial centers will
sufficiently impact integral vistas and nullify any
benefit from the unduly restrictive. requirement.
A-259
-------
Joan Werner, Concerned Citizen, IV-D-231
Supports inclusion of the integral vistas concept:
Aesthetics viewed from Class I areas have been impaired
in some locations.
. Federal Land Manager is best qualified to determine need
for visibility protection and should be granted authority
in visibility regulations.
Supports regulation of smelters:
Requests that old smelters as well as new smelters be
stringently controlled.
A-260
-------
Herb Crase, North Carolina Department of Natural Resources and
Community Development, IV-D-232
->
Opposes the regulation's application to prescribed burnings:
Prescribed burning is the best available method of
forest management and is important in reforestation.
A-261
-------
David W. Levy, Concerned Citizen, IV-D-233
Supports inclusion of Integral Vistas concept:
. Protection of integral vistas is mandated by Congress
specia proon iequlred of all Class I areas by
the" Prevention of Significant Deterioration Program
and of th£ visibilit? near all Class I areas by the
visibility prevention and remedy program.
Supports protection of visibility in Class I areas in
general
Protection of visibility is important, to North Carolina
ignificant portion of the economy of North
ecausa s
Carolina is dependent on tourism.
indusrialization
North Carolina.
near
Class I areas is a threat in
Recommends additions to the proposed regulations:
procedure should be applied to new sources to
°b
PSD review
A
the Federal Land
Managers to assess the impact of a new source on
decision process
A-262
-------
Betty Denison, Oregon Women for Timber, IV-D-234
Requests that EPA assess the social costs of administering the
visibility requirements and bring them to the attention of
Congress before implementing them:
States that visibility protection of Class I areas
contradicts the first purpose of the Clean Air Act
to "promote...welfare, and productive capacity" of
the Nation's population.
Cost of pollution controls and their economic impact
on the general population outweigh the benefits of
the enjoyment of a Class I area view.
Opposes the inclusion of the Integral Vistas concept:
Questions public commenting method in regard to integral
vistas. States that a few voices from the "public" do
not represent majority need.
Opposes the regulation's application to prescribed burnings:
Prescribed burning is a sound ecological tool.
Fire should be defined as a natural activity even when
man-prescribed and 51.306(f)5 should be omitted.
Opposes phased approach of the regulation:
Discriminates against single sources and fails to note
that few single sources represent single individuals;
i.e., single source regulation impacts a large number
of people.
Discriminates against special interest groups directly
dependent on the single sources.
A-263
-------
Society of American Foresters, IV-D-235
Opposes the regulation's application to prescribed burning:
Specific reference is inappropriate and Section 51.306(f) (5)
should be deleted for lack of sufficient legislative
basis
both exist-
should
burning.
Favors the phased approach to a visibility regulation
Focus is properly on major stationary sour
ing (BART) and new source reviews (NSR),
clearly state no application to prescribed
program.
Favors EPA's request that the USDA Forest Service in cooperation
with land management and air regulatory agencies, prepare guide-
lines for management of smoke from prescribed fires.
Guidelines should not dictate rigid, national requirements
A-264
-------
C. M. Williams, Brown Company, IV-D-236
Opposes inclusion of Integral Vistas concept:
Brown Company is located near a Class I area, and states
that there can be no significant detrimental effect on
the visual enjoyment of the vistas from the Class I
area resulting from a vapor plume eleven miles away
which evaporates or dissipates within a few hundred
feet of the emission point.
In the case of companies such as Brown Company, which
have recently complied with PSD requirements, normal
retirement and replacement of the existing facilities
should be recognized by EPA. It is unreasonable to
subject facilities to additional regulatory require-
ments.
A-265
-------
Louis H. Camisa, Hiwassee Land Company, IV-D--237
Opposes the regulation's application to prescribed burnings:
Prescribed burning is necessary to reduce fuel and
thereby prevent uncontrollable wildfire. Therefore,
the smoke associated with the prescription fire
minimized air degradation compared to a wildfire.
Recommends that EPA include smoke from historical
wildfires as part of the "baseline".
- Recommends regulations distinguish between ma3or
stationary emitting sources and prescribed burning.
. Recommends that States be given authority to assess
air quality and develop specific smoke management
- Federal programs for smoke management for Class I areas
must be consistent with existing state programs for
smoke management, water quality, and pesticide use.
A-266
-------
Robert List, State of Nevada, IV-D-238
Suggests need for guidelines to determine BART.
Opposes additional power given to Federal Land Manager in deter-
mining BART and selecting sources to be regulated.
Suggests research into visibility monitoring and modeling of
complex mechanisms of pollutant transport and complex terrain
problems.
A-267
-------
Virginia Manufacturers Association, IV-D-239
Oppose inclusion of "integral vistas" concept:
Development of new industries and the operation and
expansion of existing industries would be severely
restricted under this proposal.
Industries within the integral vista which meet all_air
pollution regulations but identified as contributing
to visibility deterioration, would be forced to con-
tinually install new control equipment as new technology
evolves (BART), and could not predict future environ-
mental expenditures.
Proposed regulation goes beyond Congressional intent.
Federal land managers' findings shoudl be subject to review by
the State agency responsible for administering the Clean Air
Act and PSD requirements.
Other sources than stationary (i.e. automobiles, natural sources,
etc.) can be much more significant to visibility impairment.
Suggest that proposed regulations be considered more thorough
with regard to economic impact (jobs) vs. air quality benefit.
Recommend that several years of study should be undertaken before
these regulations be adopted.
A-268
-------
Ted J. Doney, Montana Department of Natural Fesources and
Conservation, IV-D-240
DNRC favors a State-centered approach to visibility protection
with the States retaining the primary responsibility for develop-
ment of the program. EPA should avoid promulgating detailed
rules that would apply to the nation as a whole since visibility
impairment is a function of local meteorological conditions,
topography, and plant communities.
Suggests a stronger statement concerning prescribed fire for
forest management purposes.
The DNRC maintains that under the definition of "visibility
impairment", smoke from prescribed burning should not be classi-
fied as a visibility impairment since it exists under.natural
conditions.
Questions legality of protecting integral vistas.
Class I air standards are extended into non-federal lands.
Monitoring should be a shared responsibility of federal land
managers and the States and EPA should develop guidelines for
monitoring system development.
Montana encourages the participation of non-federal land'managers
in the development of the visibility program.
Department is concerned with national scope of proposed guidelines
and recommends that computer modeling not be considered as
national answer to managing smoke from prescribed fire.
A-269
-------
The Standard Oil Company, IV-D-241
SOHIO participated in the preparation of comments submitted by
the American Petroleum Institute.
Feels that the 9 month period allowed for the development of
SIP revision for protection of visibility is inadequate to
achieve the General Plan Requirements described in Section
51.302(c).
Ways in which pollutant emissions affect visibility are
poorly understood.
Acceptable methods for monitoring visibility have not
been established.
- Phase I should serve as the time needed for development
of monitoring and analytical techniques, and data
collection. A limited number of sources using BART
could serve as a testing ground.
Supports the need for greater research prior to promulgating
the proposed regulations:
Supports EPA's decision to defer emphasis on use of
modeling until later phases.
Case-by-case analysis of BART. .
. Improvement in monitoring techniques and a well-defined
method for judging visibility impairments are needed
prior to promulgation. _ _ '
. Effects of natural conditions on visibility will need to
be defined also.
The need to protect visibility should be balanced with the need
to accomplish other national and regional goals, namely the
development of valuable new resources (new source review).
Disagree with concept of "integral vistas", in that the same
extent of protection need not be applied to the vista as to the
Class I area.
A-270
-------
U. S. Department of Commerce, IV-D-242
Opposes the definition of adverse impact:
"Visual experience" or "impairment of the visitor's
visual experience" are completely subjective and
will create unnecessary problems.
The terms above should be deleted from the definition.
Comment on reanalysis:
The effect of these reviews could be early obsolescence
of pollution control equipment - which might yield
only marginal improvement in Class I area visibility.
EPA should include the age and control effectiveness of
existing control equipment as a variable in the re-
analysis of control options.
Comment on fugative emissions:
EPA proposes to take into account fugative emissions, if
quantifiable, in determining a major source. However,
it is not specified what approach EPA "would recommend
if the emissions from a source were almost entirely
uncontrollable fugative emissions (e.g., from a large
lime quarry or an open pit mine)."
Further clarification is needed.
Support the draft version of.the Regulatory Analysis Review
Group's report:
Specifically the recommendation that decisions as to
appropriate control technology for BART be based on
a comparison to visibility benefits and costs.
A-271
-------
American
Petroleum Institute, IV-D-243
Comments on Visibility Definitions
The
proposed definition cannot be scientifically supported.
"
properties
coloration)
of the scenic quality of
Opposes
the
vat ion
and "preser-
ignificant
impairment" .
Opposes the concept of "integral vistas
. These were not analyzed in the ICP report
An
se were no ana
assessment of the economic impact of this part of the
'-
If an area
designated,
screening process first
Comments or monitoring and modeling:
through a rigorous
The SIP requirements
and "interim guidance monitoring"
visual range, and atmos-
nterim guidance monitoring" needs more specific infor-
at present time
Supports the phased approach.
SIP revisions in nine
months is not practical,
should be on a case by case basis.
BART
Comments on new source review:
Present new source re
gulations protect visibility
new source review.
A copy of comments sent to EPA on August 10 1979 on the draft
"Visibility Report to Congress" was attached.
No attempt to summarize this was made.
A-272
-------
IV-D-243 continued
Comments on "Interim Guidance for Visibility Monitoring":
Does not discuss drawbacks for visibility monitoring.
Give information about air quality only at sample point.
Did not discuss possible impact in non-ideal situations.
Fails to provide guidance on visibility assessment for
new source review.
Comments on "User's Manual for the Plume Visibility Model (PLUVUE)."
Down plays possible errors -^Gaussian dispersion models.
Does not discuss problems with variation in temperal
background.
Comments on "Preliminary Assessment of Economic Impact of Visibility
Regulations."
This report was for Phase I large sources only, but this
was not clear.
. No "integral vistas" impacting sources were analyzed.
No new sources were projected.
The ERT screening curves should be explained in terms
of plume direction.
Comments on' "Workbook for Estimating Visibility Impairment".
Title is misleading since it is for new or modified sources.
The recommended modeling scheme has some basic inaccuracies.
The workbook makes too many assumptions dealing with plume
color and plume and sky/terrain contrast parameters.
Extends calculations beyond the validated distances.
Uncertainty of SOX and NOX reactions are not accounted for.
A copy of the Final Report - "Relationships Between Air Quality
and Human Perception of Scenic Areas", No. 4323, July 15, 1980,
API was attached.
No attempt was made to summarize this report.
A-273
-------
Department of Energy, IV-D-244
ons have been improved substantially since the
teaft! However, areas exist whioh would restrict
ocgblsnon pursued to the exclusion
olnaSonal energy objectives. Balance of energy and
» when used in regulatory context
ClaSfy'responXbllities of state and EPA in NRS process
where state has not assumed PSD program.
Recommends against integral vistas. However, FLM should
vistas for state consideration.
'
-
- -ssr^SKS 2
SghiighSdS; potential Phase II requirements wh.ch are
essentially unknown at this time.
Specific comments on Preamble:
Program overview should discuss visibility from natural
retain primary responsibility to develop
AgSefSat if no emission control will improve visibility
then BART is unnecessary. ^aoonablv
Not clear what other measures can be used to reasonably
a^t-T-ibute sources to visibility impairment.
Approvid viability model should be available if modeling
is to be used to assess visibility improvement.
BcSons" £S --
and time of occurrence.
A-274
-------
IV-D-244 continued
Concerned over reanalysis for BART - "moving target".
Resolve by stipulating a maximum dollars/ton of pollution
figure on any future retrofit requirement.
NSR procedures seem to exclude considerations of costs,
energy and other requirements. Since regional haze are
sometimes manmade and can cover broad areas, it may be
economically or technically infeasible to eliminate
visibility impairment in Phase II, thus reasonable
progress rather than an absolute no impairment of park
visitor enjoyment appears prudent in both Phase I and
Phase II.
Control costs vary between Economic Impact and BART guide-
lines.
Energy costs associated with BART are quite large.
Resolve definition of potential to emit to eliminate
ambiguity.
Definition of natural conditions is unacceptable to DOE.
Natural conditions should not be the baseline for new
source visibility impact estimation. EPA method of
estimation is quite questionable.
Section 51.302(c)(4)(ii) unnecessarily complicates BART
procedure.
Providing December 31, 1985 for identifying integral vistas
provides substantial uncertainty. Deadline should be
advanced.
Cost of monitoring in all Class I areas in 36 states quite
expensive.
Require FLM to have a conference with state where he rejects
a permittee's demonstration or drop the state's require-
ment for a conference if state rejects FLM1s demonstration.
Oil shale development could be severely restricted under
proposed regulations.
. Agrees with phased approach.
. Wide range of visual range and contrast changes that are
capable of being perceived by human observer. Perceptible
range between 3 and 25 median of 10 contrast to 5 in
proposal.
Onsite monitoring for determining natural conditions quite
expensive $100,000 per source.
- EPA's interpretation of how to handle NSR is not outside
that allowed by the Statute but believe that there is
a range of options for dealing with NSR in the statutes
and EPA should explain the alternatives and explain why
they selected one of the alternatives.
A-275
-------
Zerick, Concerned Citizen, IV-D-245
Strongly in support of proposed visibility program.
A-276
-------
Arkansas Forestry Commission, IV-D-246
Opposes the regulation's application to prescribed burning:
Restricting use of controlled fire to protect pristine
air qualities will result in use of alternate method-
ologies which are more costly and capable of greater
damage from .pollution to the air, soil and water.
A-277
-------
Public Utility District No. 1 of Douglas County, 3CV-D-247
Oppose regulations since they would jeopardize every development
in the West and result in higher costs of operating existing
facilities (power plants) passed on to consumers.
Peel there is an inadequate scientific foundation.,
Believe a comprehensive reappriasal should be made of proposed
visibility impairment rule.
A-278
-------
Robert R. Reid, Jr., 1500 Brown-Marx Building, Birmingham,
Alabama, IV-D-248
General Comment:
Urge strenuously that EPA adopt strong visibility regulations
for air quality in our national parks and wilderness areas.
Specific Comments:
There is a strong need for protecting all areas that are
integral to our national park and wilderness assets
even though outside their actual boundaries.
Urge 'EPA to use current monitoring and tracing techniques
to cover not only single visible sources but also the
broader creation of overall haze.
Federal Land Managers should play a major role in
determining adverse impacts.
If the land manager of a park or wilderness determines that a
source will have an adverse impact, the burden of proof should
be placed on the proponent of the outside development to show
that such adverse impact would not occur.
A-279
-------
Santa Fe Research Corporation, IV-D-249
Opposes the definition of "significant impairment" or "adverse
impairment".
Questions whether structure of regulations will be appropriate
when their scope is expanded to include regional haze in future
phases.
Structure of regulations is built around SIP process.
Regional haze will involve addressing a multi-state
phenomena.
A-280
-------
Patricia Byrne, 9318 Country Club Drive, Sun City, Arizona 85373,
IV-D-250
General Comment:
Supports full enforcement of the visibility requirements of the
Clean Air Act of 1977.
A-281
-------
Rick Breault, 8846 S. Albany, Evergreen Park, 111., IV-D-251
General Comment :
Supports the regulations.
Specific Comments:
The regulations should be expanded to cover the areas
outside the parks that are visible from within the
. Sinclfttxe National Park Service and other Federal land
agencies should be in charge of this land, it is only
right that they have a more clearly defined and aggres-
sive role in implementing visibility protection regula-
e* should utilize some of the more sophisticated
techniques in its regulatory program now and specify
when the more comprehensive second phase of the regu
lations will begin.
A-282
-------
National Association of Manufacturers, IV-D-254
Opposes proposed visibility rulemaking:
Goes far beyond intent of Congress.
Too many variables involved of such a subjective nature.
Industrial development would be discouraged within miles
of Class I areas.
Urges that a new proposed rulemaking be formulated that
would reflect a balanced concern for industrial develop-
ment, and be based on objective scientific foundations
to provide a framework of certainty in protecting visi-
bility inside Class I areas.
A-285
-------
Florida Power & Light Company, IV-D-255
Comments on BART
The BART guidance document in effect requires NSPS
(Subpart l)a) for power plants - this is unwarranted
and not always possible.
- The BART guidelines do not address oil fired units.
BART guidelines should be revised.
. BART guidelines provide no guidelines for assessment
of a coal-oil mixture (COM) fired unit. FP&L is
testing such a firing system.
- BART guidelines do not specify how visual observation
is used to determine which stationary sources are
"reasonably attibutable" to visibility impairment.
Nine month time frame for SIP and BART is too short.
Visibility impairment is reversible, and is aesthetic rather
than a threat to public health.
Opposes the comcept of "integral vistas".
Was not intended by Congress and is not authorized by
the Act.
Long term strategy (10-15 years) cannot be developed by a state
within none months.
Opposes the reanalysis provision for BART.
This would require numerous retrofits of control equipment.
The cost of continual retrofits would be very high.
. Consider deleting paragraph 51.306(e).
Opposes the role played by the FLM.
. FLM may identify a visibility impairment which results in
a BART analysis. The FLM may also recommend sources
(suspected) for BART analysis. _ .
The FLM has a primary role in identifying integral vistas.
The points above were not prescribed in the Act, but the
FLM was to have an advisory position.
A-286
-------
Commonwealth of Virginia, State Air Pollution Control Board,
IV-D-256
Disagrees with EPA's interpretation of Section 169A of CAA on
concept of integral vistas. Protection is to be considered
only in the mandatory Class I Federal Areas.
Protection within the integral vista should not be
to the same extent as that for the Federal Class I
area.
Questions how observed visibility impairment will be attributed
to specific sources (except in obvious cases involving clearly
visible plumes).
What technique will be used to distinguish impairment
due to natural causes from that due to human activity.
Questions how emission reductions achieved by BART will translate
to visibility improvement.
Although the CAA provides that BART determinations will be made
by the state, the EPA proposed guidelines for determining BART
leave little .for the states to determine.
Language is confusing, e.g. in the definition of the term
"statutory source" and "in existence", etc.
It appears to this state that considerable expense and labor
would have to be shouldered by the state.
A-287
-------
Texas Eastern Transmission Corp./ IV-D-257
Opposes regulations in that there is no need to "develop regu-^
lations that are subjective and lacking in scientific support. ^
Language is vague or confusing:
- Particularly noted by TETC is the definition of "visibility
impairment". Recommended is that the definition be
expanded to include the term "significant or adverse
and to delete the limited definitions of "significant
impairment" and "adverse impact".
"Visual observation and other monitoring techniques need to be
defined more specifically, as well as that for determining back-
ground visibility.
Opposes the inclusion of the Federal Land Manager in the process
of determining the application of BART to specific sources. Thi
deletes responsibility away from States.
Object to the continual reanalysis of BART. Recommend that after
initial application of BART, an existing source should be grand-
fathered for at least ten years.
Object to the exclusion of- the cost considerations in the New _
Source Review process (Section 51.307), as well as current modeling
practices. Recommend costs be considered as well as_the use of
existing PSD increments for Class I areas as a decision-making
technique until visibility models are validated.
Oppose the concept of "integral vistas".
Identification of integral vistas would essentially
preclude future industrial growth in West.
This
A-288
-------
Jacksonville Electric Authority, IV-D-258
Opposes the definition of visibility impairment.
A technical specification for "humanly perceptible" is
needed.
A method for determining what are "natural conditions"
- is needed.
A reference method for determining background is needed.
Opposes the concept of "integral vistas".
Section 51.304 has exceeded the intent of Congress.
There is no mention of integral vistas in the Act.
Paragraph 169 (e) states "not require... automatic or
uniform buffer zone or zones".
EPA has extended the responsibilities of the FLM beyond what was
intended in the Act.
It is doubtful the FLM has the staff (meteorologists and
technicians) to perform these responsibilities.
These responsibilities would require additional expendi-
tures for personnel to assume duplicative responsibilities,
This appears to reduce the states' authority.
EPA should only require the FLM to assume responsibilities
as assigned in the Act.
A uniform distance (maximum) at which sources would be considered
for BART should be the current method of assessing point source
visibility impact.
Current methods of evaluating visibility are not adequate.
Models are not yet validated.
Comment on the ICF Report:
v The report estimated that JEA's Northside plant would
exceed a 13% visual range which might be required for
the Okefenokee Wilderness Area.
The modeling was based on 1.4% sulfur fuel oil burned
at the Northside plant. The reduction to 1.3% sulfur
oil to achieve the 13% threshold would entail minimal
cost.
However, Northside actually burns 1.8% sulfur fuel oil.
The cost to reduce this to 1.3% would be significant.
The company estimates six to seven million dollars per
year added cost.
JEA feels this would be an excessive cost.
JEA feels there is erroneous data and questionable modeling
techniques.
Additional research is needed.
A-289
-------
Annette M. Petrie, Illinois Institute of Natural Resources,
IV-D-259
Supports the regulation:
- Protection of integral vistas is consistent with purpose
of park and wilderness areas.
Recommended prompt implementation of Phase II of regula-
tion.
Role of Federal Land Managers and National Park Service:
The role of these agencies in implementing protection
for their own Class I areas is not sufficiently defined.
Time alloted to agencies to assess the impact of new
sources on visibility is insufficient.
A-290
-------
Shell Oil Company, IV-D-260
Visibility impairment is not well defined scientifically:
Human observations are subjective.
Present instrumentation does not always relate to human
perception of visibility.
Modeling techniques are not yet verified.
EPA should limit its present rulemaking to existing
sources that can be identified by visual observation
to contribute to "significant visibility impairment".
"Significant impairment" and "adverse impact" have almost^the
same definition:.
This is confusing and duplicates meanings.
The only real difference is in paragraph 51.301(1) -
"in the judgement of the Administrator".
The term "visibility impairment" is more applicable than
"adverse impact".
The inclusion of the words "management, protection and
preservation" in the definition of "significant impair-
ment" is greater than Congressional intent.
Recommended definition of "significant impairment": "any
man-caused change in atmospheric optical properties
(including visual range, contrast, and atmospheric
discoloration) which appreciably reduces public enjoy-
ment of the scenic qualities of a federally designated
Class I area".
Opposes the concept of "integral vistas".
Unwarranted and unjustified expansion of Congressional
intent. .
Other programs - PSD, NSPS, and SIP, should be sufficient
to protect visibility of integral vistas.
This will foreclose major areas of the U.S. to major energy
and mineral resource development.
EPA should conduct an economic impact analysis.
EPA has shown indifference to public comments.
EPA did not state the comments would be considered in
rulemaking.
Comments were to be made to a docket no.; not an
individual.
A-291
-------
General Electric, IV-D-261
EPA should reschedule Final Rulemaking for November 15, 1985.
. Follow a UARG proposed study.
- Studies include: (1) time needed to allow full consid-
eration of findings of visibility research, (2) scientific
basis for understanding the causes and effects of visi-
bility impairment, (3) increased informational data
base for weighing costs and benefits of BART, and (4)
time to allow for development of models and other methods
of measurement and prediction.
GE proposes long term (10-15 years) milestone dates:
. Promulgation of guidelines in November, 1985. _Setting
forth a five-year mechanism for resolving scientific
uncertainties.
Promulgation in November, 1985 of guidelines for states.
November, 1986 for revision of SIP's.
May, 1987 - EPA complete review and approval of SIP's.
May, 1992, implementation of program addressing major
sources and new sources.
May, 1995, attain reasonable progress toward long-term
objectives.
The court ordered date of November 15, 1980 will be met
by promulgation of this schedule.
The intent of the Act was the establishment of a 10-15
strategy.
Sources subject to New Source Review should not be later subject
to changing BART requirements.
Opposes the integral vista concept:
The act prohibits EPA from creating protective buffer zones.
The net effect is to enlarge the boundries of mandatory
Class I Federal areas beyond those agreed to by Congress.
Comments on newly classified Class I areas, those identified after
Section 51.302(b)(1).
Subsequent Class I areas should not be afforded visibility
protection from existing sources, unless a major modifi-
cation is made that directly affects the Class I area.
Opposes reanalysis of BART determinations (Sec. 51.306).
. BART reanalysis should be performed only if there is no
current technology available at the time of initial
determination.
A-292
-------
IV-D-261 continued
. Section 51.306(d) and 51.306(e) should explicitly prohibit
BART analysis for a controlled pollutant.
To do otherwise would leave the major source owners in a
climate of uncertainty.
BART should be determined and implemented only when a
particular control technology at a specific source will
control a demonstrated visibility impairment.
The State, not the FLM, should select sources for BART review.
The analysis should be made by EPA and States, not the FLM.
Opposes certain definitions:
Depen-
"Visibility impairment" is too vague and variable.
dent on human perception.
"Natural Conditions" - vaguely defined, transitory, purely
subjective baseline. Who is the one to "expect" con-
ditions to occur? It will be up to the FLM. What does
the absence of man mean?
"Potential to emit" - should be consistent with the PSD
regulations.
"Integral vista" - should be deleted.
Opposes Section 51.303(c):
States remote from a source have veto power of exemption
for an existing source.
. Concurrence from a state is not required for an exemption.
A state with no Class I area could exercise control over
new sources if long range transport were involved.
States should not have control over sources in other
states.
GE requests the comment period be reopened if substantive changes
are made to the draft guidelines.
Draft guidelines should be presented in final form with an oppor-
tunity for public comment before promulgation of the regulations.
A-293
-------
Utah International, Inc., IV-D-262
Oppose concept of "integral vistas":
Inclusion of such will jeopardize new industrial (energy)
development in the West and resultingly increase cost
of operating existing facilities.
- Disagree that integral vistas will not be identified
carelessly. Also object to allowance of a five year
period to identify additional vistas.
Definition of "adverse impact" is too subjective as is
the determination of an integral vista. Authority of
Federal Land Manager in this decision-making process
goes beyond Congressional intent. Identification of.
vistas should not be made solely by federal agencies
but by Congress or if EPA insists on this authority,
then it should be subjected to a formal rulemaking
process (i.e. for each individual vista). Furthermore,
the potential economic impact that each integral vista
could have should subject the identification process
to a regulatory analysis as required by Executive Order
12044.
A-294
-------
WEST Assoc. (Western Energy Supply & Transmission), .IV-D-263
Discussion of Visibility Monitoring Considerations from the
Interim Guidance for Visibility Monitoring:
Definition of visibility - vague, overbroad and imprecise.
Does not account for: differing human perceptions;
fluctuating properties in the atmosphere; .varying natural
conditions such as seasons and weather; differences among
target objects; imprecisions inherent in measuring instru-
ments; and the relative contributions of man-caused and
natural sources of emissions that affect visibility and
its.impairment. This definition is related (in the guide-
line) to regional haze - in contridiction to the proposed
rules where localized visibility considerations (plumes)
are of primary concern.
Measuring and Quantifying Visibility - EPA recommends using
a fixed point electronic telephotometer to measure visi-
bility. This is for only measuring at a fixed point,
based upon certain assumptions.
Using a scanning telephotometer to measure plume appearance
will not yield useful information. Such an instrument
has not been adequately developed .or tested.
The guideline fails to provide for adequate measurement and
quantification.
Other methods should be used - photographs to measure such
as visual range. Photography can a) provide a permanent
visual record, conducive to excellent quality control,
can be used for measurements at different wavelengths,
and can be used to augment other measurements.
Source/Impairment Relationship - The guideline recommends
collection of particulate matter and meteorology data
for determining visibility impairment. WEST contends
that the relationship between these data bases has not
been developed to the point of relating-them back to a
specific source.
It is impossible to identify specific sources by analyzing
them either chemically or by particle shape.
The guideline recommends using surface meteorological data
to identify sources contributing to impairment. Surface
meteorological data are only indicators.
Discussion of Visibility Modeling Consideration from "Workbook for
Estimating Visibility Impairment" and the "User's Manual for the
Plume Visibility Model (PLUVUE)".
Modeling procedures fail to account for transport and
diffusion, atmospheric chemistry, optics and coloration.
The first' two levels of screening are too simplistic to
yield meaningful visibility judgements. The third
level - computer modeling contains incorrect assumptions.
A-295
-------
IV-D-263 continued
. Transport and Diffusion - The computer model uses a
Gaussian diffusion model. This is unsuitable to
complex terrain such as found in the West. Further
it cannot be applied to long distance, e.g., 50
kilometers or more. .
. Atmospheric Chemistry - Component assumes conversion ot
nitric oxide to nitrogen dioxide and nitrates and sul-
fur dioxide into sulfates. It ignores the complexity
of these reactions. Further, it does not address the
contribution of reactive hydrocarbons. It does not
account for atmospheric moisture, aging of the Plume
parcel, hydroxyl radical distribution, history of UV
radiation or the variability of ozone.
Optics and Atmospheric Particles - The model does not
account for multiple scattering and diffused radiation
in the atmosphere.
- Coloration and Perception - Model assigns a precise
numerical value to coloration - which is subjective.
The model assumes color value will remain constant_in
the atmosphere. Certain parameters of visibility im-
pairment are not properly established. The model will
produce inaccurate and improper visibility predictions.
- Other Infirmities - 1) The model assumes the plumes will
travel in a straight horizontal line. In fact this
rarely occurs. 2) The current model does not use a_
sufficient data base for atmospheric stability, mixing
depth, etc. 3) Model uses only methological data in
. the immediate vicinity of source. 4} The model's base-
line values such as visual range are based on urban
area data and therefore bear no relationship to the
remote federal areas. 5) The model is based on the
Mie scattering theory. There is no research to test
this theory in this application. This will yield in-
accurate results.
. In its present form, the model guideline cannot and should
not be used.
Discussion of BART considerations from the "Proposed Guidelines
for Determining Best Available Retrofit Technology for Coal-fired
Power Plants and Other Major Stationary Sources .
- Contridictions/Case-By-Case Determinations. The language
that "BART for the majority of power plants...is (NSPS) ,
- Subpart Da. This specifically contravenes the language
found in Section 169A(g)(2) of the Act. It clearly
conflicts with the definition in the proposed regu-
lations.
A-296
-------
IV-D-263 continued
* The emissions limitations are supposed to be set on a
case-by-case basis. EPA has failed to provide for
demonstration that BART is both technologically and
economically justified. EPA has also failed to pro-
vide the required guidance under NSPS for equipment
that meets a sliding scale emissions limit based on
sulfur content of the coal burned.
WEST believes this is in need of revision.
Generalities/Control Strategies. The guideline is not
specific with regard to control equipment and types
of sources. For example, the guideline ignores design
parameters for ESP's on utility boilers.
Costs - A comparison of the Pullman-Kellogg study to the
cost analysis by ICF for the Mohave plant indicate a
large discrepancy in the cost estimates. This needs
to be resolved in the cost estimate guideline.
WEST is stating that any application of BART at this time
to protect visibility is premature. They feel any cost,
at this time, is excessive and there is no demonstration
that expenditures for a strategy will measurably improve
visibility at a site.
Even if BART were possible, it would not be possible to
perform an analysis in nine months.
Discussion of Procedural Considerations:
The notice requesting comments on four technical documents
totaling more than 750 pages was published on July 23,
1980. Comments were due on August 25, 1980, leaving
only 23 business days to receive the notice, read the
documents, prepare and submit comments to the docket
and prepare testimony for a public hearing to be held
the same day as the comments were due.
The Notice of Guideline Availability was signed by Asst.
Admin. Hawkins on June 18, but not published until
more than a month later..
Conclusion:
The four guidelines are technically and scientifically
inadequate.
The multi-year approach should be taken to avoid costly
consequences, without visibility benefits.
A-297
-------
Allegheny Power Service Corp., IV-D-264
The three companies of the Allegheny Power System, being members
of the StiS? Air Regulation Group (UARG) , adopt and incorporate
the views expressed by UARG which were previously submitted on
SJ propSsedPrulemaking. These views will not be repeated here
in these comments.
Comments here are primarily directed toward the document "Pre-
iSSSS Assessment of Economic Impacts of Visibility Regulations
(SSfSl?" which was relied on for background to the proposed
regulations:
It is submitted that EPA's reliance on the Draft Report
as now constituted is in error. _ .
- It is requested that EPA disavow and revise certain of _
the Draft Report's statements and conclusions concerning
visibility impairment as being speculation and unsubstan-
tiated.
A-298
-------
Weyerhaeuser Company, IV-D-265
These comments supplement others submitted earlier by Neyerhaeuser.
Commend EPA upon realizing that prescribed burning is an important
tool to the forest landowners for successful forest management.
Opposes the concept of "integral vistas".
EPA does not have the legal jurisdiction to force the
federal land manager to assume jurisdiction over lands
outside of the Class I'area.
Development within "buffer zone" is at the whim of the
federal land manager. Similarly with regard to retro-
fit procedure at a facility.
Not Congressional intent.
Illegal transfer of responsibility from state to federal.
Protection to a Class I area should be done by adequate
public input (hearings, connect periods and results
from public determinations) instead of according to
federal whims.
Disagree with BART program, concerning replacement of control
equipment at facilities which may already be in compliance with
SIP, as well as continual replacement of equipment as new tech-
nology emerges.
No identification of visibility values in Class I areas was de-
manded of the Department of the Interior along with their (Dept.
of the Interior) suggestion of areas needing visibility protection.
Object to federal land manager (who is lacking in all around
expertise) having lead position in determination of new sources.
That is, opportunity to make a subjective judgement on PSD per-
mit issuance, especially since little or no appeal procedure is
available within regulation to override his decision.
Definitions within regulation are vague:
"Potential to emit" - attempts to include fugitive
emissions, in contrast to that stated in Alabama
Power.
"Visibility impairment" - should include such modifiers
as "significant" or "adverse".
Question how natural visibility conditions will be established
and how man's contributions will be separated from such.
Believe wildfire smoke should be included in background
visibility impairment.
A-299
-------
IV-D-265 continued
Measuring and monitoring of impairment will be difficult to
correlate with human perceptions.
Seems that reasonable further progress is being made by prescribed
burning, as well as when NSPS is applied to a new source. These
two areas should either be deleted or addressed in later phases
of program.
States should be allowed for more than 9 months time to include
visibility protection within SIP, since technology for measuring
and monitoring are uncertain.
Phase I should allow states to carefully review and plan steps to
address any major problems to visibility in their SIP revision.
i
Oppose the unfairness imposed on a few point sources, i.e. the
burden of solving visibility problems when the greatest impact
goes ignored.
A-300
-------
Rio Blanco Oil Shale Company, IV-D-266
Agrees generally with the logic concerning integral vistas, but
disagrees with the aspect that the authority has been granted
to the Federal Land Manager to add to the list until December
31, 1980.
A lengthy period allowing additional new vistas to be
continually added is unfair and unwarranted. They
should be immediately identifiable.
If carried to extremes, the integral vistas concept
could prohibit development in the West.
Experience in visibility monitoring leads RBOSG to know the
difficulty which will be involved in determining the unambiguous
visibility baseline, let alone detect an impact due to a source.
Applauds the decision by EPA to use air quality models only as
an "input in the decision-making process".
Approve of EPA's choice on a phased approach in promulgating
the regulations. It is better to develop regulations that have
considered the socio-economic costs associated with such actions.
A-301
-------
Salt River Project, IV-D-267
Opposes the definition of "visibility impairment":
"visibility" as it is used in the regulations is too
subjective.
FLM should not identify the visibility impairment:
Specifically requires EPA to provide guidelines.
- States must identify.
Proposed rule is "arbitrary, capricious, and an abuse of discre-
tion, or otherwise not in accordance with the law".
- Not understand what causes visibility degradation.
- Basic concepts need to be reevaluated for technical
relevance.
Background documents do not fulfill intended role - providing
comprehensive guidance to states.
Due process necessitates delay of proposed rules until chal-
lenges of Section 120 penalties is settled.
Congress did not have Constitutional authority to enact esthetic
legislation.
Effect of Section 120 - Noncompliance penalties.
- Utilities may comply with unfair rule rather than face
possible Section 120 penalties.
Managed agricultural/forestry burning should be treated as £oint
sources in most cases.
- They are individually ignited and controlled and can be
modeled.
The primary responsibility for implementation of the visibility
program should not be shared between the States and FLM, but
should rest with the State.
A copy of the comments to the ANPR were included. These were
not summarized since they referred specifically to the ANPR.
Comments on "BAIVU Guidelines":
It would be desirable to assess visibility improvements
corresponding to BART.
. Cost of replacement power for a derated boiler to reduce
NOX has to be evaluated.
A-302
-------
IV-D-267 continued, page 2
Statement on ESP efficiency may not be accurate.
Questioning statements on lime/limestone scrubbing -
availability, reliability, and efficiency.
Monitoring - section is vague:
Serious concerns about cost model.
Baghouses may not be able to maintain continuous,operation
on utility boilers.
Technical errors in section on ESP's.
There are seven other technical comments, highly specific
within the document.
Comments on the VISTTA study:
Nitric oxide .(NO) was mistakenly identified as Nitrous
Oxide (N2O).
The natural sources in the Southwest have been ignored by
the rulemaking, e.g. dust storms.
"Carbonaceous material" referred to was soot.
EPA has changed direction from Congressional intent in the Act.
Congress intended regional visibility protection.
EPA has concentrated on localized visibility impairment -
plume blight.
No scientific guidance is provided concerning the cause
of plume blight and regional haze.
Causes of visibility impairment:
Nitrous oxide is primary cause of plume blight.
Effect from particulate matter other than sulfate and
nitrate.
Comments on "EPA Report to Congress"
Methodology Used for Assessment:
Modeling technique is still developmental stage.
. Have not been able to decide on a method for measuring
impairment.
Report does not provide a baseline definition.
A page-by-page critique follows. No attempt to summarize this
has been made. .......
Modeling is deficient for regulatory use.
A-303
-------
IV-D-267 continued, page 3
Opposes phased approach:
- Will not overcome limitations of modeling in complex
*t" f* IT IT 3 in
. Regulatory action employing modeling should not be taken.
Opposes FLM role in identification of visibility impairment.
The Act does not delegate responsibility to FLM.
. Usurped the states authority by EPA and gave to FLM.
Opposes concept of "integral vista":
Beyond intent of Congress.
Opposes FLM identifying major stationary source causing visi-
bility impairment:
In excess of the Agency's authority to delegate that
function.
FLM does not have the technical capability.
Visual observation is the only valid method.
FLM in consultation with state on BART:
Why?
Not in the Act.
Definition of "significant impairment":
Cannot be a simple subjective determination.
- "Significant" must be quantified.
BART reanalysis:
Was not the intent of Congress.
Long Term Strategy:
Congress did not intend for State to.consult with FLM.
Reference to "...in a Federal Class I area...":
. Section 165 refers to all Class I areas.
. EPA force Section 169A visibility requirements for Sectxon
165 circumstances except for where there is no FLM.
Opposes definition of "major source":
Not realistic.
A-304
-------
IV-D-267 continued, page 4
Confusion over term "secondary emissions" and "secondary
pollutants":
Clarify or use other form.
Comment on definition of "visibility impairment":
It is incomplete.
Should be changed: "visibility impairment" means any
humanly perceptible reduction in visibility or visual
range to a prominent landmark along a sensitive atmos-
phere along such a sight path".
"Natural Conditions" - opposes.
Impossible to measure.
Should substitute "conditions other than those resulting
from manmade pollution".
Comment on definition of "significant impairment":
Already quantified in "visibility impairment".
- Should be deleted.
Comment on definition of "integral vista":
Not relevant.
Exceeds Congressionally delegated authority.
Might be called a "visibility sensitive vista".
The term panorama should be deleted.
Reference to visitor experience should be deleted.
Comment on definition of "reasonably attributable":
"Other monitoring technique" must be qualified.
Suggest "other proven equivalent monitoring technique".
Comment on definition of "adverse impact":
Same as comment on "significant impairment".
Comments on "integral vistas":
Should address only the vista not the entire area.
FLM should not identify vista - not authorized by
Congress.
FLM should not have 30 days - should be treated as
citizen.
New source permit applications should not trigger I.D.
of new integral vistas.
A-305
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IV-D-267 continued, page 5
Opposes FLM role in exemption process.
Veto power.
,, , . < . . \
Opposes periodic review and update.
- Congress intended one update in 10-15 years.
Comments on "Modeling Guideline".
Concerned with long range transport - Model doesn't work.
Atmospheric Chemistry - inadequate.
Optics - decrease accuracy.
. Model unverified.
. Use of Gaussian plume models over 50 km is inappropriate.
Other detailed comments concerning treatment of the model
were made, but not summarized.
Comments on ICF Report:
Failed to use valid screening techniques. The ERT screen-
ing curves are still draft and not intended for this
application. . .
. Cost estimates are surprisingly low on an industry-wide
basis. . .
ICF failed to mention further effects of higher utility
rates.
. Questions the approaches taken by ICF on NOX reduction.
- Cited only studies by B&W on low NOX burners - does not
apply to other manufacturers of boilers.
. Not possible to predict the effect of combined NOX control
techniques on NOX emissions.
Report relies on NEDS data which is not. accurate.
. Specific comments dealing point by point with the report
were made. No attempt to summarize these had been made.
A copy of the letter from Horton and Williams to Douglas Costle,
June 25, 1980 was enclosed. This was the request for rulemaking
change and submitted separately, so no attempt was made to
summarize it with this submittal.
A-306
-------
Sunoco Energy Development Company, IV-D-26.8
Comments filed by the National Coal Association detail the
several specific issues of concern to Sunedco. The NCA sub-
mi ttal represents their views.
Disagree with concpet of "integral vistas". Feel that this
aspect could develop into legal problems. "Integral vista"
would result in the taking of private property for public use
without just compensation.
Disagree about the process of integral vista identification by
Federal Land Managers. Final determinations will have to be
subjective a.nd open to dispute.
The integral vista concept will adversely lock up millions of
acres of land having great potential for energy resource develop-
ment .
A-307
-------
P. H. Klein, Burlington Industries, Inc., IV-D-269
Questions the cost/benefit relationship of the regulations:
BART could result in repeated retrofits as control tech-
nology improves. These retrofits are costly and
generally result in minimal improvement.
. Influence of Federal Land Manager is too great as stated
in the regulations. This adds to industry's cost in
the PSD review process.
Recommend delay of issuance of regulations until cost/
benefit relationship is conscientiously addressed.
Questions EPA's infringing on State's rights in administering
programs:
. Recommend delay of issuance of regulations until State's
rights question is addressed.
A-308
-------
Joe Venishnick, L. D. McParland Co., IV-D-270
Opposes inclusion of Integral Vistas concept:
Visibility regulations should be limited to visibility
impairment within Class I areas as this is the intent
of Congress.
Supports visibility protection with limited restriction
on industrial and forest management practices.
Opposes the regulation's application to prescribed burning:
Questions EPA's authority to regulate prescribed burning
outside of Class I areas.
Smoke from prescribed burning for the purpose of restoring,
maintaining, or improving natural ecosystems should be
considered part of the baseline or "natural" visibility
impairment.
States should determine whether additional smoke manage-
ment techniques for prescribed burning is necessary.
Objectives of visibility program should be viewed in light
of other desirable environmental objectives - aesthetics
of forested areas, maintenance of wildlife habitat.
Regulations on prescribed burning should be postponed
until after Phase I of the visibility program.
Evaluate alternatives to prescribed burning - use of
chemical or mechanical scarification for site preparation
in terms of cost and time effectiveness.
A-309
-------
Hunton & Williams, IV-D-271
Coinments on proposed regulations only.
Filing comments one, three and four in August 22 letter.
Comment two will be filed on August 25. These comments
(#2) deal with guideline documents, UARG's understanding
of original proposal as influenced by the guideline
documents and the implications of other material in the
record for these guideline documents.
Agrees with four conclusions that have guided EPA in
defining the general outline of proposal:
First, that only those existing facilities to which
visibility impairment can be reasonably attributed
should be regulated for visibility purposes;
Second, that visual observation is the most reliable
technique for linking a facility with impairment, since
other visibility monitoring and modeling techniques
remain early in their development;
Third, that even if a facility can be reliably linked
with an impairment by visual observation, there remains
no basis for regulation unless it is also possible to
define the relationship between emission reductions,
on the one hand, and improvements in visibility, on
the other; and
Fourth, that in determining whether emission controls
are appropriate, their costs and benefits must be
identified and taken into account.
However, specifics of EPA's proposal are flawed because
they ignore four basic constraints:
First, limitations inherent in the congressional
design for visibility protection;
Second, constraints imposed by the primitive state of
the visibility art;
Third, constraints resulting from gaps in the existing
rulemaking record; and
Fourth, limits on the number of regulatory steps that
actually can be taken during any nine month period.
Congress recognized several things.
- impairment is reversible.
- visibility is an aesthetic value
- costs and benefits be identified.
- if techniques to assess are unavailable then protec-
tion programs cannot be fully defined.
A-310
-------
IV-D-271 continued
Unlawful interjection of FLM.
Regulations fail to specify in developing long term
strategies, that states need only consider regulation
of significant impairments in visibility.
Integral vistas are not authorized.
Once a source under NSR receives PSD permit, further
controls from a visibility protection viewpoint are
not called for.
Long term,strategies call for BART reanalysis and impo-
sition of controls on PSD sources, source exerpt from
BART etc. This goes against congressional intent.
Guidance on visibility assessment is grossly inadequate.
Gaps in record which leave much of EPA's proposal un-
supported.
These deficiencies in proposal include:
EPA's proposed guidelines for BART assessments do not
define (a) how visibility impairment is to be attrib-
uted to specific existing sources or (b) the analyses
for determining what BART ought to be and for rebutting
the Agency's presumption that BART equals revise'd NSPS.
That presumption, in turn, has no factual basis in
this record or the NSPS rulemaking record.
No long-term strategy guidelines have been issued.
No new source review guidelines have been issued.
The guidelines for visibility monitoring and modeling
are incomplete and rely on unvalidated techniques.
And, the regulatory analysis for the proposal is
grossly incomplete.
No way state can accomplish in 9 months all that EPA's
proposal insists must be accomplished. These include:
Listing of "integral" vistas and attribution of visi-
bility impairment to its sources;
Then, preparation of exemption applications by affected
sources;
To be followed by the conduct of EPA proceedings on
such applications, including public hearings;
And ultimately for those sources not exempted, determi-
nation by the states of the best available retrofit
technology to protect visibility, including another
round of public hearings preceded by 60 days notice.
A-311
-------
IV-D-271 continued
A realistic proposal can be shaped given the above noted
deficiencies.
1. Obligate the Agency to develop as rapidly as is feasible
the data necessary to prepare scientifically sound
guideline documents; and
2. Direct the states to:
a. Adopt procedures to implement the separate
visibility programs of Section 169A and of
PSD on a reasonable schedule after EPA pro-
poses and promulgates scientifically sound
guidance documents;
b. Develop the long-term data bases necessary
to characterize realistically the causes of
visibility impairment and the effects of con-
trolling them; and
c. Formulate long-term strategies for visibility
protection under Section 169A.
Some impairment is inevitable and acceptable.
House Report talks about drastic interference in connection
with visibility.
. House version wanted maximum feasible process. Conference
report reduced to reasonable progress.
Statutes make clear visibility is to be protected if bene-
fits outweigh the costs. Section 169(A) supports these
statements. .
Impairment should deal with intensity, duration, frequency,
time and extent.
Need to develop visibility objectives.
. Definition of visibility impairment and contract and natural
conditions. Neither is appropriate. Congress didn t
give EPA
the latitude to include contrast which is far
more vague than range and discoloration _ _
Impairment should be measured not against natural conditions
but against background conditions produced by. people
whose enjoyment and welfare Section 169A was enacted.
Regulations hopple state initiative by defining BART vs
NSPS by excessively interjecting the FLM into state
decisionmaking. . .
There are 22 interjections of FLM into State decisionmaking.
It would be less cumbersome had EPA simply proposed that
the FLM go ahead and make visibility decisions subject to
EPA ratification. ,
FLM role is set out and limited in 169(A)(a)(2), (c)(3) and
(d) as well as 164(b) (1) (B).
EPA should prune involvement of FLM in accord with Act.
Revised BART guidelines indicate that "BART for the majority
of power plants...is NSPS". This presumption discourages
case-by-case assessment. EPA has not supported this pre-
sumption .
A-312
-------
IV-D-271 continued
States in developing long-term strategies should not be
required to address insignificant impairments.
Mere 169(A)(g)(6) and 169(A)(a)(1) and Congress's intent
is quite clear with respect to concept of integral
vistas. Not authorized.
Also omissions in Act indicate Congress did not intend for
integral vistas to fall within visibility program
169(A)(a)(3) does not direct EPA to report to Congress
on any such vistas and 169(A)(a)(2) to (4) do not require
the preparation of procedures for vista identification.
Also 165(e)(l) refers to adjacent areas and outlined
what Congress had in mind for these areas.
EPA proposes to regulate integral vistas because Congress
failed expressely to forbid it, but no regulatory body
may regulate without specific authority.
Regulations should clearly state that only "listed" areas
are protected under 169A and that the list cannot be
augmented if other areas are redesignated Class I areas.
Agency has failed to follow proper procedures in listing
mandatory areas where visibility is to be protected.
Eliminate confusion in Section 51.302(C)(1)(iii) with
51.302(C)(2)(i) regarding the handling of new sources
under PSD.
New sources are handled under PSD and are not subject to
additional visibility requirements. Exchange between
MSSRS. McClure and Muskie.
No requirement in 169A for reevaluation of BART limitations.
No express requirement as in III(b)(1)(B) to reevaluate.
Proposal fails to take into account the substantial time
required to establish individual visibility emission
limitations.
More than 3 months are needed to identify and list integral
vistas.
Following procedures for listing of integral vistas should
be followed:
1. The federal land manager must develop a record on
each potential "integral".vista.
2. Each federal land manager must develop a proposed
identification of "integral" vistas and publish
a notice of these proposals in the Federal Register
along with a statement of their basis and purpose.
3. The public should be given an opportunity to make
oral presentations, to submit written comments,
and to submit supplemental and rebuttal comments
on the proposed identifications.
4. Final identifications must be published along with
a^statement of the basis and purpose for the iden-
tification, and the decision and record transmitted
to EPA.
A-313
-------
IV-D-271 (continued)
5.
The Agency must prepare an independent assessment
of each "integral" vista identified by the federal
land managers,' responsive to Executive Order 12044
and Section 317 of the Act, and determine whether
they are vistas "in which...visibility is an impor-
tant value." Section 169A(a)(2).
6. The public must be given an opportunity to make
oral presentations, to submit written comments,
and to submit supplemental and rebuttal comments
on the proposed listing of "integral" vistas.
7. The final list must be published along with a state-
ment of its basis and purpose.
8. The final promulgation by EPA must be subject to
judicial review.
Two guideposts are the one year period under 169(A)(2) for
the original listing and the 2 year, 3 months actually
consumed to promulgate the list of these areas.
All vistas should be listed at one time.
Opportunity for source to file and have considered an
exemption application is severely limited if only 9
months is permitted to develop BART requirements.
- Considerable data needs to be collected.
Recommend states only have requirement that certain sources
install BART within 9 months. Actual limits could take
longer to develop.
Adopt PSD definition for potential to emit.
Should not include fugitive emissions in stationary source
definition. Should not include surface mines..
Requirement for continuous monitoring should not be
imposedno basis.
Regulations silent on startup, shut down and malfunction.
- Does manmade pollution include water'vapor?
A-314
-------
Virginia Electric and Power Company (Vepco), IV-D-272
"Costs per acre" to preserve and protect visibility could be
for more than the Federal 1980 "Natural Resources and Environ-
ment" budget.
* Vepco's Mt. Storm plants may impact on the Dolly Sods
and Otter Creek Class I areas of West Virginia. The .
costs to meet a 5% visibility reduction criteria, as
related to area, would be Cbased on acreage of the
Class I areas) $40,645 per acre and $14,700 per acre
for capitol and annual operating costs, respectively.
In contrast, the total federal budget for parks divided
by the total acreage is an expenditure of $128.50 per
acre.
Based on a 1966 report - EPA stated the value of recreation
areas would be $1.00 per visitor-day." The annualized
retrofit costs to Mt. Storm related to Dolly Sods and
Otter Creek are equivalent to $4,000 - $18,000 per
visitor-day.
Visibility is not a health related issue, and therefore no assess-
ment costs and benefits can be made involving human life and wild-
life protection.
Visibility Modeling
It is unwise to use an unvalidated model.
Many people place so much faith in computer techniques that
early warnings about model limitations may not be heeded.
Strongly urge EPA to refrain from using any models for
regulatory purposes until they are fully validated.
Comments on BART
Reanalysis of BART should not be required.
Installation of new varities of BART would have an
extremely low cost-benefit ratio.
Vepco does not believe that there will be "grandfathering"
of sources from future BART requirements as the preamble
to the regulations indicated.
There is an implication EPA is considering doing the BART
analysis for certain specific sources. This would be
contrary to the intent of Congress, that states have
primary responsibility for conducting the visibility
program.
A-315
-------
IV-D-272 continued
Comment on the "Preliminary Assessment of Economic Impact of
Visibility Regulations".
This assessment covers only the costs associated with the
few major sources affected in "Phase I .
No comparison of cost to benefits is made. The report
states "in developing visibility regulations it is
important to assess the potential benefits... .
. Cost estimates were not based on the application of BART.
They were determined from estimates of emissions reduc-
tion to achieve alternate threshold values of visibility
impairment. This may not be related to BART.
* . __J-nJ1i_.3.....;.l-'U 4-^-t *-iV\-r\ i r* a I O V7"OT*C
The assessment is riddled with
example: 1) Mt. Storm Unit
technical errors. For
1 is listed as starting
operation prior'to August 7, 1962 and therefore "grand-
" Storm Unit 1 started operation September
fathered
Mt
Sitid ** *- *-* i-*-'-1-A" vj.*-*.*-.«*- - - j. ^ j_
'l965. This error changes the cost estimates at
20.
Storm by 50%
2) The stated distances from Mt. Storm to
Dolly Sods and Otter Creek Class I areas is in error
The location of the Class 1 areas on Figure 1 of the
report is in error.
These errors make the report totally worthless
The regulations should not be promulgated until the public
'seasonal
can comment
Opposes the definition of natural conditions and use of
best visibility".
"In any season it is possible for unusual weather conditions
to result in rare occurrences of very good visibility.
These occurrences would be just as rare in the^absence
of man-made impairment as they are under existing con-
. Taking°the"biste§ondition in a season may be an abnormal
- ViSibilit^is often poor in West Virginia as a natural
occurrence.
Comments on Identification of Integral Vistas
Since areas within Class I viewing range are not_likely
to change, Vepco sees no need to identify new integral
vistas in the future.
- If a new integral vista were identified subsequent to a
tentative PSD selection site, it could disrupt the
application process for 18 months or more.
A-316
-------
IV-D-272 (continued)
Allowing an integral vista to be designated by a FLM in
response to a PSD permit application would be a perver-
sion of the basic concept of integral vistas.
Comments on the concept of integral vistas:
EPA's attempt to expand visibility protection provisions
to include vistas outside of Class I areas is contrary
to the clear language of the Clean Air Act.
Congress has not tried to restrict commercial or residential
development outside the National Parks.
Extending the visibility protection would further reduce
the already negligible cost-benefit ratio.
This could have tremendous economic impact.
A-317
-------
American Paper Institute/National Forest Products Assoc., IV-D-273
Department of Interior identified a total of 156 mandatory Class
I federal areas, and EPA has accepted the list without a review
or selection process.
Section 169A(a)(1) of the Act requires EPA to make the
final determination.
EPA should fulfill its statutory duty, and perform an
adequate review.
Comments on definitions:
"Potential to emit" - the court's decision (Alabama
Power Case) does not justify or include EPA's definition.
It does not exclude the use of permit restrictions.
The definition should be revised to include emission
reductions due to enforceable permit conditions.
"Fugative emissions" - this should be in a separate rule-
making with specifics for particular industries.
- "Visibility Impairment" - rather than "any... change in
visibility...which would have existed under natural
conditions" it should read, "a...change in visual range..
that interferes with the viewing of important scenic
landmarks or panoramas, and is caused solely by man-made
air pollution and is not attributed to natural conditions
. "Natural conditions" should include forestry burning for
the purpose of wildfire hazard reduction.
. "Significant impairment" - the work "significant should
be inserted in the definition. This should also vary
with the area where the visibility is protected, i.e.,
the Great Smokey Mountains.
"Integral vista" - there is no statutory authority for
this concept. .
"Adverse impact" - should include the word significant.
Opposes the "grandfather" override by a modification section and
other language.
The PSD concept of "in combination" included in the pro-
posed regulations seem to attempt to circumvent the
"grandfather" clause of the Act.
Opposes the concept of "integral vistas".
Extends the veto of PSD permit applications to source
which may impact on integral vistas.
Contrary to the intent of Congress and not in the Act.
"Integral vistas" constitute a type of illegal buffer
zone.
Economic impact analysis was not performed.
A-318
-------
IV-D-273 continued
Guidance document not substantive.
There should be formal rulemaking procedures for each
"integral vista" identified.
Comments on BART:
EPA failed to define which sources will be subject to
BART.
The ICF report makes too many assumptions.
The ICF report uses an inadequate data base.
The ICF report uses unsupportable and rough-cut modeling
techniques.
The reanalysis provision could cause a company to expend
funds twice.
There should be a grace period for reanalysis, i.e., 10
years for any source that has installed BART.
Comments on New Source Review:
The proposed regulations allow too much power to the FLM.
Lack of guidance as to how the relationship of PSD/BACT
and maintenance of visibility is to be determined.
Monitoring and Modeling:
Validated dispersion - visibility models are not available.
Modeling should not be encouraged until the models are
validated.
Observer panels of 25-50 members should be formed.
Opposes the regulations of prescribed burning.
Prescribed burning was not listed as a "major source"
category in the Act.
Not subject to BART since it was used before August 7, 1962,
Prescribed burning is not fugative emissions unless it
is listed in a specific rulemaking for that industry
(Alabama Power decision). Cannot include a source
which activities result solely in fugative emissions.
The results (fire) do not exceed "natural background".
Prescribed burning should be included in the definition
of "natural background".
Fire is natural part of environment.
Prescribed burning is used for wildlife management,
wildfire prevention, weed and disease control, and
site preparation.
Existing programs for smoke management are adequate.
A-319
-------
IV-D-273 continued
Comments on the ICF Report:
Report employs assumptions which are not consistent with
regulations. _
Report uses inadequate data base. Understates the no. ot
pulp and paper mills built or modified since 1962 which
could cause visibility impact. Thirty mills were not
identified in the report.
The report provides no assessment of potential benefits
and effectiveness of regulations. -No basis for evaluating
cost-effectiveness.
A-320
-------
Union Oil Company of California, IV-D-274
Agree there is a need for control (RACT) on existing sources
of plume blight of Class I areas.
Regional plume blight needs more study to make definite determi-
nations of the responsible sources.
BACT on new or modified sources should await adequate monitoring
and modeling techniques.
Denial of a permit should only come after weighing of
the benefits including costs to the nation.
EPA should issue a comprehensive policy statement on visibility
impairment.
Opposes present definition of "visibility impairment":
"any... change in visibility..." was not envisioned by
Congress.
The definition should refer to the interference with
public enjoyment.
BART
EPA needs to publish guidelines for BART on other than
power-plants.
Comment on fugative emissions:
Emission sources such as from valves and flanges (VOC's)
have been referred-to in the past as fugative emissions.
These sources, valves and flanges are easier to control
than other types of fugative emissions.
The emissions from large sources such as coal piles, rock
piles, roads, etc. should not prevent necessary mining
and energy projects.
SIP revisions should be allowed more than nine months.
A-321
-------
Holland and Hart, IV-D-275
* Comments submitted on behalf of ASARCO (Smelting, Mining
& Refining of Various Minerals)
Proposed regulations go beyond program authorized by
Congress in Section 169A.
Recommends delaying promulgation until adequate scientific
data is available.
Realizing delay may not be considered additional comments
after the regulations are presented.
General Comments
ERT curves used in Preliminary Assessment of Economic
Impact were not designed to make even tentative conclu-
sions regarding specific levels of visibility impairment
from specific sources.
ERT recommends references to specific sources in assess-
ment be deleted.
Regulations and procedures are too subjective.
No reasonable method for implementing "human perception
standard".
No guidance:
(1) meteorological conditions under which Class I
areas should be observed.
(2) procedures the human observer should follow to
distinguish manmade sources of pollution.
(3) limitations on visual range that should be con-
sidered acceptable in making visibility impairment
determination.
Similar limitations are inherent in significant impairment
and adverse impact devinitions.
- No reliable procedures:
(1) distinguishing manmade from natural pollution.
(2) qualtifying the contribution of an individual
source to visibility problem.
(3) assessing the improvement in visibility that will
result from controls.
Existing Major Stationary Source
By incorporating the proposed PSD definitions of stationary
source, EPA has created administrative mechanism for
extending visibility protection to any reconstructed,
stationary source. This is totally unwarranted.
Really can't just control new additions in some cases.
Reconstruction wipes out Act exemption.
Agency's interpretation of reconstruction flies in the
face of Section 119. Reconstruction could require
additional controls even when NSO.
A-322
-------
IV-D-275 (continued)
169 is not similar to 169A.
169(2) (c) defines construction and by including this
definition, Congress made clear that it intended for
PSD purpose to regulate not merely construction of
entirely new but also modified sources as well. 169A
is devoid of this type of language.
Integral Vistas
Contrary to language of Section 169A.
Legislative history enforces the need to protection in
Class I areas.
Quotes Rep. Maguire's statement concerning scenery in
Class I areas as need for special visibility protection.
Revise regulations to delete integral vistas.
Guideline for identifying integral vistas is weak - no
meaningful guidance.
Fugitive Dust
BART
FLM
Revise regulations to make clear fugitive dust emissions
do not count in potential to emit calculation.
Once subject to controls, source should not be subject ot
additional controls. Delete reanalysis provision.
Reanalysis allows data to be gathered on a visibility
program after the program is being implemented.
Definition inconsistent with Act's definition'.
States have primary responsibility for development and
implementation of visibility control programs supported
by McClure and Muske exchange.
Revise the following provisions:
(1) Section 51.302(a)(2)(6): By Section 169A(d), the
state (not the federal land manager) has authority
to summarize the federal land manager's recommen-
dations.
(2) Section 51.302(b)(3): The state has authority
for implementation of the visibility control
program.
(3) Section 51.302(c)(4): The state has authority for
BART determinations. The sole involvement of the
federal land manager in a BART determination is
to review a proposed BART exemption.
A-323
-------
IV-D-275 continued
PSD
(4) Section 51.305: There is no statutory basis for
requiring federal land manager assistance in ^ the
process of developing techniques for visibility
monitoring and observation techniques. Addition-
ally, the development of monitoring techniques is
outside the federal land manager's area of exper-
tise.
(5) Section 51.306: The statute provides no role for
the federal land manager in the development of
the states' long-range visibility strategy.
New sources and visibility should be under PSD.
Without model, how can one assess impact on visibility
from new source.
Agency has adopted "regulate now, substantiate later"
approach.
A-324
-------
American Textile Manufacturers Institute, Inc., IV-D-276
Disagrees with aspect and definition of visibility impairment.
How will visibility baseline be established?..Visual observa-
tion for requiring BART to a source is unfair.
Federal Land Manager is outstepping his jurisdiction in control-
ling integral vistas. Integral vistas was not the intent of
Congress. Opposes increased authority being provided to the
Federal Land Manager.
Demonstration projects employing BART should be conducted prior
to implementation of such to determine its effectiveness.
Oppose mandating BART reanalysis with every new technical
advancement. Too costly. Conflicts with CAA's grandfather
provision for older resources.
A-325
-------
National Parks and Conservation Association, (T. Destry Jarvis),
IV-D-277
Supports EPA's definition of "visibility impairment", but
strengthening changes are needed within regulations.
Supports EPA's initiative to protect "integral vistas":
Not only inside - looking outside vistas, but outside-to-
inside views as integral vistas are recommended.
. Propose that wording of the regulation be revised to
leave no doubt that vistas must be protected rather
than may be. .
Responsibility for determining which areas are integral
vistas belongs to agent in charge of Class I area.
. Final judgements about integral vista must be made on
basis of preserving resources in question rather than
energy or economic conservations.
Urged is an even better defined and more aggressive role
for the National Park Service and other federal land
managing agencies in implementing visibility protection.
For new sources, the key role for the federal land manager in
visibility assessment should be more thoroughly defined.
- FLM should be allowed more than 30 days to determine
adverse impacts from proposed facilities (a year should
be allowed). . ...
- Sectionl65(d) of CAA Amendments give FLM responsibility
to protect Class I areas from "adverse impacts to air
quality related values (including visibility) "from new
facilities. Proposed visibility regulations conflict
with this by failing to require a state to obtain agree-
ment of FLM before issuing a permit to a source whose
emissions are projected to exceed Class I pollution
increments.
For existing sources, NPCA supports giving FLM a stronger role
and more flexible time frame to retrofit existing sources.
. 90 days after promulgation of regulations is not proposed
for FLM or state to identify existing impairment, but
this is inadequate.
- EPA's phased approach to implementation of regulations_
will limit ability to control emissions from facilities
impairing visibility during Phase I. A date should be
specified when Phase II will be implemented.
A-326
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IV-D-277 continued
Recommend incorporating some of the more sophisticated monitor-
ing and modeling techniques into regulatory program.
Disagree that the proposed visibility regulations will preclude
all development in large areas surrounding Class I parks.
Agree that energy demand must be balanced with need to preserve
our national heritage of parks and wilderness, but the FLM has
a clear mandate to protect Class I areas rather than focusing
on the energy demand of other interests.
A-327
-------
Council on Wage and Price Stability, XV-D-278
- Report of Regulatory Analysis Review Group (RARG).
- Regulations should be modified to consider broader range
of factors necessary to balance the benefits and costs
of visibility control.
Modify integral vistas:
- FLM should only nominate for State decision those
vistas deemed important.
- Allow States to balance "competing interests.
- State identify integral vistas and include them in
SIP- , u
- If FLM disagrees with State's vista decisions, he
should be able to petition EPA criterion used by
State in making integral vista decisions. Should
not be considered in EPA's review of SIP.
Questions visibility protection in Phase I.
- Will Phase I actually provide benefits?
- How much Phase I control spending is enough?
- How will EPA address distributional questions?
- Narrow range of costs in draft regulatory analysis. _
Benefits to visibility program are extremely subjective.
Integral vistas outside authority of the Act.
Believe case-by-case analysis of the importance of vista
relative to other vistas and relative to other land uses
is necessary. . "
- Protecting integral vistas may of course generate important
visibility benefits. However, the proposed regulations
. may generate unreasonable results.
. Want competing interests to be included when protection
of integral vistas is determined.
Five year period to identify vistas creates a great deal
of uncertainty.
- Concern of future Class I areas. _ _
While Phase I contains basic structure_of visibility pro-
gram, three important questions remain.
What assurance does EPA have that existing and
new source visibility control expenditures in
Phase I will actually generate visibility improve-
ment (i.e., greater visual range and color contrast)
and visibility benefits (i.e., greater visitor
visual experiences in federal class I areas)?
What assurance does EPA have that a dollar of
pollution control cost expended to improve or
protect visibility in Phase I will generate visi-
bility improvement and benefits that are commen-
surate with the improvement and benefits achieved
with a dollar of pollution control expenditure in
subsequent phases? Phrased another way, how does
EPA propose to determine the appropriate level of
(1)
(2)
A-328
-------
IV-D-278 (continued)
visibility control in Phase I given that substan-
tially better information concerning the causes
and cures of visibility impairment will be avail-
able in subsequent phases? -,
(3) How does EPA propose to address the redistributional
consequences of the proposed regulations? For
example, it appears that the proposed regulations
force the residents of states wherein federal Class
I areas are located to subsidize the benefits
(i.e. , greater visual experiences) derived by
visitors from other states who frequent the area.
Benefits derived from incremental improvements in visi-
bility are not described as an appropriate parameter
for BART decisions.
Use models even though limited to determine about improve-
ment expected from application of BART.
Revise guidelines to clearly state that purpose of apply-
ing BART to. existing sources is to improve visibility.
Concern over EPA's proposed definition of adverse impact
will preclude state comparison of the costs and benefits
of new source visibility controls.
Need to include appeal provisions 165(d)(2)(c)(iii) in
regulations.
A-329
-------
Department of Interior, National Park Service, IV-D-278a
Disagree with RARG's recommendation that States determine
integral vistas
Concur with RARG
that the responsibility to consider a
to
variety of factors is inherent only in the state review
and decision making process.
State however does not have affirmative, responsibility
protect air quality related values (FLM does). _ _
- Appropriate place for state involvement is in SIP revision
process and it makes a determination as to whether the
integral vistas is to be incorporated into the SIP.
State is to provide opportunity for public to comment
on adequacy of FLM determination.
. Disagree that factors other than visibility should be
considered in identifying integral vistas
Cannot support RARG
provided
1s economic impacts as no analysis is
Fact is that three power plants have located within 50 KM
of Class I areas and three large coal fired boilers
appear to be able to locate within 1/2 mile of an
eastern Class I area.
A-330
-------
AMAX, Inc., IV-D-279
Opposed to the inclusion of fugative emissions in the Potential
to Emit:
Has not been given specific justification.
EPA has not shown that fugative emissions from the 28
source categories will consist primarily of particles
with sizes which will impair visibility.
Fugative emissions should not be counted or counted
only to theextent they can significantly impact
visibility, e.g. particles less than 1 micron in
diameter.
Agree with the statement that modeling is inadequate at this
time.
Opposes Section 51.302(a) consultation:
The state will consider what the FLM says in review,
but the state makes the final decision.
EPA review should be procedural rather than substantive.
This should be stricken from the regulations.
Comments on Section 51.302(b):
Mandated consultation between the state and FLM should
be suggested, not mandated.
Opposes the integral vistas concept - Section 51.302(c)(2):
Section 169A speaks of "visibility in" mandatory Class I
Federal areas.
Several citations of early work on the act are used for
examples of the intent of Congress.
Prohibition of an automatic buffer zone.
Even if integral vistas is authorized under the act -
the states should identify them.
Opposes Section 51.303(e):
There is no authority in the act for requiring state
concurrence for exemption.
Comments of Section 51.302(c)(4) - BART:
The provisions of Section 51.302(c)(4)(ii) are improper -
FLM c-annot do more than comment to the state.
- FLM do not have the expertise to make a BART judgement.
A-331
-------
IV-D-279 continued
- There is no provision in Section 169A of the Act that
requires continuous monitoring.
Because of the nebulous connection between a source s
emissions and its impact on visibility, continuous
monitoring should not be required.
Comments on Long Term Strategy - Section 51.306:
Long Term Strategy as proposed unduly interferes with
state prerogative.
Periodic reviews of not less than three years appears
to be excessive. .
. The Act does not authorize reanalysis of BART. This
would create a moving target for industry. It is
not in PSD permits.
Opposes Section 51.307 - New Source Review:
- EPA is dictating to the state certain control strategy.
- The states may choose another control strategy. The
state may choose to regulate area or mobile sources
rather than new "major emitting facilities".
A-332
-------
National Coal Association, IV-D-280
Visibility impairment is a reversible phenomenon, and it is
an aesthetic value.
EPA has failed to provide scientifically sound techniques and
guidelines:
Nine months is inadequate time for SIP's even if guide-
lines available.
Opposes the concept of integral vistas:
Goes beyond the authority granted in Section 169A.
Selection process would give too much authority to FLM.
Expanded role of the FLM in the regulations extends federal land
use planning into areas administered by the states:
Integral vista will expand authority of FLM.
FLM indirectly has control over future energy development.
The definition of powers of the FLM is vague in the
regulations.
Opposes the definition of impairment:
"contrast" should not be included in the definition.
Comment on "Significant Impairment":
Should take into account not only visitor days, but
times when visitors might view the scene.
Comments on BART:
Should be allowed to consider supplementry control
systems.
An existing source should be able to petition the
Administrator for an exemption.
Lack of objective economic analysis.
EPA should withdraw its proposed rulemaking, and revise the
draft guidelines.
A-333
-------
Burgess, Concerned Citizen, IV-D-281
Promotes an attitude of "protect our vistas" from the increased
SSSS? dSlSng, and exploration activities withxn the area of
Colorado.
No direct comments made towards the proposed regulations.
A-334
-------
South Carolina Public Service Authority, IV-D-282
Comments about visibility impairment:
There are no objective criteria for distinguishing between
"significant" or "adverse" impairment and "acceptable"
impairment.
There is no satisfactory basis for valuing an incremental
change in visibility or to permit comparison between
value and costs.
Objects to the exemption procedure, Section 51.303:
The review by the FLM and the state reduce the flexibility
of the procedure.
The requirement that a state concur on the exemption
should be deleted.
Objects to the language in the New Source Review section.
The review by the FLM and the state reduce the flexibility
of the procedure.
The requirement that a state concur on the exemption
should be deleted.
Objects to the language in the New Source Review section:
The term "adverse impact" used in Section 51.307 is not
clearly defined. States could take this as too broad
a definition.
Suggest alternate language for the regulations:
Instead of "impairment" - in terms of "adverse effect
upon enjoyment".
Instead of the term "anticipated" (Section 51.302(c)(4)(ii)
use only "identified impairment" when referring to a
PSD applicant.
Section 51.303(2)(1) should be revised to reflect the
language in the BART guidelines. In the guideline
it is suggested the exemption application and decision
occur after a source has been selected for BART analysis.
The language in the proposed regulations indicate the
request for exemption will take place after the BART
analysis is complete.
Proposed regulations dealing with BART reanalysis are deficient:
Fail to tie new BART requirements with new or continuing
visibility problems. ,
Regulations should make clear no BART reanalysis required
for sources previously subjected to BART when there are
no compelling needs or alternate control strategies.
A-335
-------
IV-D-282 continued
The definition of "in existence" is too broad:
. Failed to properly distinguish between "in existance"
for purposes of Section 169A and "commenced construc-
tion" under the PSD regulations.
Comment on "Proposed Guidelines for Determining BART":
The guideline states that BART for most powerplants will
. There is no analysis or discussion to prove this approach.
. Suggest that the states consider imposing as part ot
Phase I, controls to prevent "future phase" visibility
impairment such as that associated with regional haze.
This should either be done at a time when the problem
and control can be specified or left up to the source.
A-336
-------
West Associates, IV-D-283
Recommends that a five-year study program be implemented in
lieu of the proposed regulations.
Primary mechanism for new source visibility reviews
should continue to be the protections inherent within
current PSD regulations as applied to new sources.
Additional protection built into new source performance
standards, "...standards which have tight emission
limits..." will effectively preserve visibility within
the Class I areas during this five-year period.
A-337
-------
Rockwell International, IV-D-284
Discussed within these comments are technicalities involved
with visibility monitoring and modeling techniques.
In operating a visibility monitoring station, telephoto-
metry and nephelometry and stressed the techniques of
choice at this time.
Rockwell's Environmental Monitoring and Services Center submits
the following comments on the EPA documents "Interim Guidance _
for Visibility Monitoring" and "User's Manual for the Plume Visi-
bility Model (PLUVUE)." These comments address the following
points:
A new visibility monitoring technique exists which has
certain advantages over telephotometry.
1.
2.
3.
4.
5.
6.
7.
There is evidence that some of the reddish or brown
color of plumes and hazes is not attributable to
nitrogen dioxide.
The integrated nephelometer should not be run in a
constant temperature environment.
There is an unwarranted assumption about visual ranges
when the telephotometry targets are not visible.
All parties will need far more guidance on the data _
processing and statistical analysis needed to establish
whether a visibility degradation exists.
The PLUVUE model is believed to be in error with regard
to the generation of OH radicals, which influences the
conversion of sulfur dioxide to sulfate.
The document on model development (EPA-450/3-78-110)
has certain errors which could be propagated into the
computer program or into values the user must specify.
A-338
-------
Arizona Department of Health Services, Division of Environmental
Health Services, IV-D-285
Comments on EPA Guideline documents for visibility impairment:
Guidelines fail to adequately describe the "appropriate
techniques and methods "that the State must employ.
The document "Protecting Visibility - An EPA Report to
Congress" stated that EPA had performed virtually no
background monitoring. Background data is necessary
to determine what natural conditions are in a given
area. Without guidance presumably this must be gathered
by . the state.
The "-EPA Report" also states that no studies, on the
contribution of area or mobile sources, have been
performed concerning their contribution to visibility
impairment.
If baseline levels and the contributions from non-point
sources were known, a state could then proceed with
BART analysis.
The guidelines fail to tell what the cost of compliance
will be for alternative definitions of BART on other
than power plants. Arizona is heavily impacted by
copper smelters, but little is said about smelters.
The EPA documents do not adequately explore the methods
by which states can measure the non-air quality impacts
of alternative definitions of BART.
The guidelines fail to indicate what degree of improve-
ment in visibility can be expected from alternative
BART findings.
The EPA visibility models have not been validated.
The state has preliminary data to indicate the "Visibility
Impairment Due to Sulfur Transport and Transformation
in the Atmosphere (VISTTA)" is based on technical
assumptions which may be invalid.
If "VISTTA" is invalid then, (a) the conversion of sulfur
dioxide to sulfates in the plume of a power plant may
be of a size which would not impair visibility; (b)
regional haze is attributal to a multitude of sources;
and (c) plume blight is primarily caused by nitrogen
dioxide and particulates rather than sulfur compounds.
The proposed grant to Arizona for implementation of a visibility
program in FY 80-81 is $2,500.
Without guidance or funding the state cannot proceed
with a program.
A-339
-------
IV-D-285 (continued)
It is unrealistic to expect a State agency to be able to adopt
and implement visibility regulations in nine months:
It would take as much as nine months to adopt regulations
that had already been drafted.
- The identification requirements should be promulgated
now and the BART and strategy requirements should be
promulgated at least nine months after the identifi-
cation requirements are met.
The phased approach should be adopted for the SIP s.
Opposes the major role played by the FLM in the regulations:
The state feels this is unjustified by language in the
Act.
Voluntary discussions with the FLM and state should be
carried out. . .
- The FLM is integrated in the states adoptzon of a_visi-
bility protection program - this is not in Section
169A of the Act.
. Under Section 51.302(c)(4)(ii) the state must consult
with the FLM or BART determinations. In the Conference
Committee Report, only the state is mentioned.
Under Section 51.305 the state must consult with the FLM
on visibility monitoring - there is nothing in the Act
to support this.
A-340
-------
American Public Power Association, IV-D-286
Comment on "Visibility Impairment":
It is unclear to what extent visual observations will
be used to make a determination.
Visual observation is very subjective.
It is not fully understood how long range transport
affects visibility.
Recommend EPA change definition of "reasonably attribute"
to "attributable by means of visual observation and
other monitoring techniques".
Neither visual nor instrumental methods should be used
exclusively.
The role of the PLM is greater than Congress intended:
FLM's are authorized under Section 302(c)(4)(ii) to help
perform BART analysis - FLM's may not have the technical
expertise.
Section 304 authorizes identification of integral vistas -
these are outside the Federal Class I areas hence FLM's
are not appropriate individuals.
FLM'.s have unauthorized responsibilities under Section
51.30-7. Final decisions should not be made by the FLM's.
The source should be included in negotiations of New Source Review
in Section 51.307.
Opposes the concept of "Integral Vistas":
The Act is explicit in restriction of "buffer zones".
Act only applies to,inside Class I Federal areas.
This may not even be necessary. Many sources will retro-
fit to prevent impact on the area, thereby reducing the
impact on integral vistas.
Comments on the ICF Report:
The economic analysis was neither accurate nor complete.
The case of the JEA's Northside Station is cited. The
report said the Station was burning 1.4% S fuel oil,
and a reduction to 1.3% S would increase visibility in
a Class I Federal area. However, Northside burns 1.8%
S oil, and they estimate the cost of going to 1.3% oil
to be $7 million annually. ICF attributed negligible
cost to the switch.
A-341
-------
P. W. Chapman, Jr., Manager, Environmental and Energy Conser-
vation, Atlantic, Richfield Company, IV-D-287
General Comments:
Opposes the regulation due to lack of technical support
and possible adverse impact on the nation's goal of increasing
domestic energy supplies.
Specific Comments:
The scientific understanding of visibility is inadequate.
The concept of visibility impairment is nebulous.
The standards that are proposed in the rule to measure
visibility are unclear.
. There is an absence of visibility monitoring and modeling
methodology - the EPA itself states that there is no
satisfactory way to model visibility impairment.
. The criteria for establishing and applying Best Available
Retrofit Technology (BART) is extremely vague.
. Projected emissions from a new source would be analyzed
for visibility impairment impacts on the gasis of non-
existent or invalidated models and unspecified measure-
ment techniques - a situation which is clearly
imappropriate.
- The proposed rule and the support documents do not evaluate
adequately the impact of the proposed rule on energy
supply and costs.
Section 169A of the Clean Air Act authorizes the EPA to
protect the visibility in mandatory Class I areas.
The concept of integral vistas unduly extends this
statutory authority to areas outside of Class I areas
and should be deleted. Furthermore, from a policy
standpoint, the concept could have severe adverse
impacts on energy development in the western part of
the country.
As stipulated in Section 51.304(f), the Federal Land
Manager has five years to identify integral vistas
for existing Class I areas. This is an unnecessarily
long period of time.
In Section 51.307(h)(1)(i), it is required for new source
review purposes that the State plan shall provide for
protection of integral vistas identified prior to the
a new source permit application
^ _ of a full year's notification
of the identification of an integral vista is essential
and two years would be preferred.
calendar year in which
is filed. The minimum
A-342
-------
IV-D-287 (continued)
The possible requirement for a multiple number of BART
installations for a single source. Section 51.306(e),
is not founded in the Clean Air Act Amendments, nor is
it a reasonable requirement from an economic point of
view.
The definitions of "natural conditions", "significant
impairment", and "adverse impact" must be quantified
to some degree (Section 51.301(k)(1)(r).
The role of EPA and the Federal Land Managers is about
right, however, the veto power of the Federal Land
Manager in situations of exemptions of sources from
BART is still more authority than the Federal Land
Manager should have and in the near future, the State/EPA
Visibility Program must be amended to remove this
authority.
Current PSD-NSR programs will not be able to accurately
define visibility impairments until the late 1980's
or beyond.
EPA has tentatively defined baseline visibility as an
approximation of natural levels, but there is no way
of knowing what the actual natural baseline conditions
are. Realistically, it cannot be defined.
A more appropriate general definition of "impairment"
than that proposed by the EPA (ANPR) would be:
- Impairment of visibility is a long-term change
in the atmosphere from that which would exist
under baseline conditions, as visually perceived
by an average person.
It is inappropriate for EPA to consider phased programs
and long-term strategies while there remains much work
to be done in the basic understanding of CAA77 and the
documentation underlying it as they apply to visibility
protection.
A-343
-------
Salt River Project, IV-D-288
Concerned that all documents relating to the rulemaking were not
available in the Docket.
Modeling - Guidelines:
- Use Gaussian Models - in complex terrain they are
inaccurate .
- Not directed at what Congress intended.
. Refer to actions to be accomplished by the FLM and other
Congress did not specify.
BART - Guidelines:
. Congress did not intend for BART to be imposed more than
No guidance given with respect to: 1) energy and non-air
quality environmental impacts of compliance. 2) Effec-
tiveness of existing controls. 3) Remaining useful life
of source. 4) Degree of improvement anticipated from
proposed technology.
. No cost/benefit analysis.
Comments on "Monitoring Guidance" :
"Visibility definition" is header for a section, but does
not contain a definition.
. Objects to simple visual observation of a plume used to
indicate visibility impact.
. Guideline addresses FLM action - inappropriate.
- Cost/benefit ratio may not be appropriate. Should apply,
as regulations should, only to areas within the Class I
. Use of "other monitoring techniques such as airborne in-
struments is questionable. If exotic techniques employed
then in past cannot be "reasonably attributable".
QA procedures too costly. ._ .
. Calibration as specified: for telephoto meter is too
frequent, for nephelometer is too infrequent.
. Acceptance ranges for telephotometer and nephelometer
should be established.
Comments on "BART Guidelines":
. Questions the costs tables for the Navajo Generation
Station.
. Continuous operation and performance of control equipment
to meet levels of control for NOX, SO2 and particulate
called for in the report has not been adequately demon-
strated.
A-344
-------
IV-D-288 continued, page 2
The report did not discuss land and relocation costs
relating to the Navajo plant even though it was stated
in the evaluation.
A statement was made that a source may contribute to
regional haze and this should be included in BART
analysis. 1) This is a Phase II issue, 2) it implies
there are mechanisms for determining regional haze
contribution.
Photographic techniques are subjective.
Statement that source may contribute to regional haze;
the analysis should include removal of SO2 and primary
particulate in a single system. This makes assumptions
on control technology and regional haze, a Phase II
area.
Cost analyses were simplistic and needed further study.
Does not agree with EPA stand on scrubbers.
Does not define the role of continuous monitoring.
Comments on "Workbook for Estimating Visibility Impairment":
Objectionable" has not been defined.
Regional haze is not necessarily a source specific
problem.
Reference to computer graphics is not appropriate - this
is not applicable to visibility impairment.
Several statements made that level-3 analysis should be
performed even if the level-1 and level-2 test passes.
Why have level-1 and level-2?
Human visual perception is more complex than suggested.
Questions a number of assumptions made in treating the
model in level-3.
One of the definitions of visibility impairment refers
to "memory", this is too subjective.
Disagree with some of the assumptions made on the level-1
screening.
Level-2: No basis for adding 500 meters to the effective
stack height.
Level-2. "Trapping of emissions by flow reversal". No
evidence - no reference - should not speculate.
Comments on "PLUVUE Model User's Manual":
Definitions - have defined visibility, visibility impair-
ment and related terms in terms of model output param-
eters based on limited amount of data.
Gaussian plume model should not be used for modeling long
distance transport or in complex terrain.
A-345
-------
IV-D-288 continued, page 3
- Atmospheric chemistry is not adequately treated.
. Some of the treatments in the Atmospheric Optic module
are over simplified in their assumptions.
Regulatory commitment to a model should not be made until
validated.
- Specification of background conditions will have large
effect on results even if using a validated model.
The balance of the comments were specific and on a page-
by-page basis.
A-346
-------
Tampa Electric Company, IV-D-289
The proposed elements for a SIP revision are too burdensome with
a too short time frame.
SIP revision should be for states to devise a long term
strategy.
BART would be delayed until a long term strategy has been
developed, thereby giving more time to study and analyze
the problem.
Visibility impairment is reversible so there is no emergency
need to proceed with the regulations.
Comments on definitions:
"Reasonably attributable" - due to current models limita-
tions. The definition (as TECO interprets) specifically
exempts sources implicated only by present models.
"Visibility Impairment" - "human" adds subjectivity to
the definition.
Those definitions which also appear in the PSD regulations
should be revised to conform to the finalized PSD
regulations.
Comments on modeling:
Current models are based on Gaussian dispersion assump-
tions - will not work at long distances, i.e. greater
than 10 km.
There are a variety of other limitations with these
models.
Opposes the concept of "integral vistas":
Was not intended by Congress.
The definition and references to SIP revision for integral
vistas should be deleted.
Opposes application of Section 169A to new and modified sources:
This is not authorized by .the Act.
For new sources the program regulating visibility is
contained in the PSD program requirements.
The preconstruction review by the PLM and state are
unwarranted and unjustified.
Comments on the ICF report:
ICF identified visibility impact on the Chassahowitzka
Wilderness area by the Big Bend and Gannon Stations.
The facilities are alleged to cause 35.5% worst case
reduction in visual range.
A-347
-------
IV-D-289 continued
The impact to TECO financially would be 68.7 million
annual cost for a 25.5% reduction.
The cost per visitor day to Chassahowitzka would be
(25.5%) $5,190 to (5% reduction) $363.
The IGF cost figures are underestimates for control
by 30%.
A-348
-------
Tuscon Electric Power Company, IV-D-290
Comments on definitions in paragraph 51.301:
"Natural Conditions" has an inadequate definition,
"Significant impairment" is too vague. Without threshold
values, not enough is known to define. A basis for
contrast change might be added - that is 2.5 sigma
units times the threshold value of 0.04; the total
contrast change of 0.14 (0.1+0.04) could be adopted.
Visual range must also be defined - suggestion: twice
the measuring error (about 15%) , or a reduction in
visual range equal to one sigma from annual arithmatic
mean for the area, which ever is greater. Suggested
frequency of impact be no more than 18 days per year
of plume impact.
"Reasonably attributable" - should have clarifying
language which will "finger print" the source.
Accurate monitoring and duration data must be
required.
Opposes the expanded role of the FLM in the proposed regulations:
The role of the FLM in the regulations goes beyond para-
graph 16 9A of the Act.
The regulations allowing veto power to the FLM over
existing sources is illegal.
Opposes the concept of integral vistas:
There is no basis in language in the Act for the extention
of visibility protection. ....... . ..
The proposed regulations make no allowance for long range trans-
port of areas and mobile sources.
Opposes concept of reanalysis for BART:
A source which if once reviewed and installed, controls
should not be reviewed again. This would be very dis-
ruptive and uneconomic .
A source should not be required to install control for
SO2, then three years later required to install NOX
control. This is not what Congress intended.
Comments on EPA's report to Congress, Chapter 4:
Results questionable because:
(1) Regression studies by TEP of visibility vs. non-
methane hydrocarbons, auto NOX, construction
activities, population, and fertilizer use ex-
plain 85% of the variability in Tuscon visibility
without using smelter emissions as a variable.
A-349
-------
IV-D-290 (continued)
(2) It is not possible to establish a correlation
between measured sulfates and visibility with
data collected for TEP by University of Arizona
in 1974. , ,
(3) All Pheonix data for 31 locations submitted by
UARG Vis. Comm. tested by regression techniques -
sulfates explain very little of visibility
variability. .
<4) Trijones and Yuan may have done selective editing
and manipulation of scientific data base or com-
pleted the report with insufficient data.
- To support TEP's statement, they have performed a multiple
statistical regression analysis of visibility in Tuscon
using four, five and six variables which can be reasonably
attributed to causing visibility impairments over time.
They contend these variables explain almost all the
variance in Tuscon visibility. The analysis covers
1950 to 1976 and a discussion (not summarized) is
TEP offers"further explanation for the visibility impairment
is due to other than the smelters.
TEP contends the TSP level. Tuscon is highest in the
center city and the level of TSP reduces further from
city center. This is a large part of the visibility
problem. ,
Urban plumes plus natural and agricultural dust are the
major source of visibility impairment in Arizona.
«
Comments on visibility modeling.
SAI model is in error in calculation of atmospheric dis-
coloration. Model uses single scattering approximation
to model the diffuse sky intensity. The modeled atmos-
phere will show discoloration when none is present.
There is detailed discussion of minor !"errors" in the
SAI model. .
There can be no modeling of visibility (especially tor
power plants) with SAI, PLUVU, or box, and especially
as a screening tool that can be accurate.
The regulations do not address visibility/benefits - costs and
urban and mobile sources.
- The 28 source categories only produce 0.3% of the total
(what pollutant?) which will impair visibility.
The proposed regulations should be withdrawn and resubmitted
after development of data base and review process.
A-350
-------
Scott M. Matheson, Governor of Utah, IV-D-291
No State more effected than Utah by visibility regulations.
Proposed regulations delegate far too much responsibility
to FLM and proceed too far on limited scientific data.
Regulations exceed legislative intent of Section 169A.
States are given leadership role in air quality matters.
Trying to balance number of Federal goals and objectives
is nearly impossible.
Desire to protect mandatory Class I areas.
Concur with phased approach.
Use test visibility cases for BART demonstration.
Definition of visibility impairment unrealistic.
Can't-define natural conditions.
Objects to integral vistas.
Disagree with effect of integral vista strategy.
If integral vistas concept is adopted, two alternatives
suggested.
State designate vista with FLM consultation.
- Identification of vistas through an explicit
State/Federal cooperative effort.
Public use and perception of vista would determine its
importance.
BART deficiencies:
- State role not clearly recognized. FLM too much
involvement.
- Cannot agree upon "reasonably attributing".
- Moving target.
Burden to State
- First year cost would be $700,000 for Utah.
Future Class I areas:
Regulations imply integral vistas can be identified
and protected for future non-mandatory Class I areas.
Can not justify 169A to redesignated areas. Refer-
ences to integral vistas in NSR should be omitted.
A-351
-------
Basin Electric Power Cooperative (Upper Missouri River Basin
Region), IV-D-292
Opposes the concept of integral vistas:
"Integral vistas" is. contrary to the letter of the Clean
Air Act.
The provision for FLM designating an area outside the
Class I area is in effect redesignating non-federal
land as a Class I federal area.
EPA is mandating the location of new facilities farther
and farther away from Class I areas. This will bring
them closer to populated centers.
EPA should limit application of the regulations.
Comments on BART:
The nine month SIP revision period will be hard for most
states to meet.
EPA has yet to determine the relationship between emis-
sions and visibility impairment.
States' role in establishing a selected source list for
BART is not established, and the decision can be over-
turned by EPA and/or the FLM.
Opposes use of the term "reasonably attributed":
The use of this term lacks universal acceptance.
. Analysis performed will constantly be under litigation.
By using subjective measures, EPA,implies meaningful
information is not available.
The reanalysis provision of BART makes a regulatory moving
target.
Questions the use of visibility monitoring at the present time:
- EPA has published a guideline, but the author has not
reviewed the document because it was not available.
There is a great deal of uncertainty with the monitoring
techniques.
EPA should develop adequate visibility monitoring guidance
including a "reference method".
Comments on visibility modeling:
The present models are inadequate, and not meaningful.
A moratorium of at least two (2) years on regulations
requiring visibility modeling is suggested. Decisions
regarding new sources should not be withheld.
A-352
-------
IV-D-292 continued
Opposes Section 51.306(i) - long term strategy:
It is unfair to consider the effect of an existing source
(or even pre-August 7, 1962 source) in conjunction with
a new source.
Forcing BART on an existing source because of increased
pollution from a new source would be unfair and uncon-
stitutional.
A-353
-------
California Forest Protective Association, IV-D--293
Opposes the need for Federal mandate of smoke management
techniques particularly in states like California where an
effective state program is already in place.
Opposes inclusion of the "integral vistas" concept:
Consideration of concept goes far beyond Congressional
intent.
A-354
-------
Conference of State Manufacturers Associations, IV-D-294
Twenty-nine different state organizations have identified similar
viewpoints with the Virginia Manufacturers Association, IV-D-239.
Such include, for example:
Associated Industries of Alabama
Arizona Association of Industries
California Manufacturers Association
A-355
-------
U. S. Department of the Interior, Fish and Wildlife Service,
Ann Arbor, Michigan, IV-D-295
Support the establishing of visibility guidelines, but promote
two questions:
BART guidelines are required for fossil-fuel plants of
750 MW or greater. Utilities usually propose single
units of ""GOO MW. Each unit then under 750 MW would
not be controlled by BART. Therefore, what should be
proposed is that the aggregate or combined emissions
from the facility should be subject to a BART analysis.
When will a visibility modeling requirement be promulgated
for PSD permits? If not until 1983, as for monitoring,
then many permits will be granted with inadequate
visibility specifications. Can PLUVUE be made a required
interim visibility model method?
A-35 6
-------
Duke Power Company, IV-D-296
Visibility regulations should wait:
Until scientifically sound techniques for modeling and
assessment are available.
Visibility impairment causes no adverse health effects,
and it is reversible.
Without data bases, states cannot revise their SIP's.
Comments on BART:
The regulations are not clear whether new BART will apply
upon reanalysis to sources which had previous BART con-
trols.
Comments on Guideline "Preliminary Assessment of Economic Impacts
of Visibility Regulations":
Question the identification of Class I areas and the
identification of sources.
Company challenges the review of Marshall Station as
impacting on Linville Gorge Wilderness area. This
analysis was based on erroneous data.
A-35 7
-------
Interstate Paper Corporation, IV-D-297
Opposed to the regulations, in that little or no adequate evidence
supports the need for such measures.
Interstate Paper named in the visibility problem to Wolf
Island (Georgia). No scientific practices were probably
used in the judgement made, according to this industry.
Opinion is that of the Wolf Island manager. Expect
modeling studies to show no significant impact on visi-
bility of Wolf Island area.
Question the means to determine a baseline for visibility
and that there must be some provision for this to
recognize naturally occurring visibility limitations.
"Proposed rules are much too vague."
A-358
-------
Arizona Public Service Company, IV-D-298
Supports the phased approach concept:
The approach presented in the regulations is premature.
At the present time there is an inadequate understanding
of pollutant transformation mechanisms and pollutant
transport mechanisms.
Lack of validated modeling techniques.
Lack of monitoring techniques.
Lack of cost/benefit methods for alternative control
strategies.
Inadequate understanding of the human perception aspect
of visibility.
The phased approach should be revised:
Phase I - Develop necessary scientific information and
technical expertise. An outlined research program is
presented in 17 parts - this was not summarized.
Phase II - Propose regulations, for visibility protection.
This would include SIP revisions with BART analysis and
long term strategy.
Comments on definition of visibility:
No definition is accurately presented.
The definitions should contain definite standards.
Comments on "impairment":
The Agency should define each indicator of impairment,
e.g. color, standard person, contrast, etc.
. EPA has not adequately recognized the complications
associated with the inherent variability of visibility.
Because of the random nature of visibility indicators
impairment should be defined - only if people perceived
a change in the statistics of the indicator (e.g.,
average, range).
Comment on the definition of "Existing Major Source":
Existing major sources which emit a pollutant not deter-
mined to affect visibility, i.e. CO, should not be
subject to BART review. ,
If they emit more than one pollutant, the BART review
should be, for only the related to visibility impairment.
A-359
-------
IV-D-298 continued, page 2
Definition of "potential to emit".
Should consider the Alabama Power decision - should be
reviewed.
Definition of BART:
Continuous emission reduction requirement is not in the
statute nor is it compelled by any other statutory
provision.
Should delete reference to continuous system of reduction.
Should apply to each pollutant which cciuses or contributes
to visibility impairment.
BART should take into consideration existing and/or plan-
ned pollution control equipment.
Opposes definition of "visibility impairment"s
Replace existing definition with: "Visibility impairment
means a visibility condition determined or judged by
visitors to Class I federal areas as being humanly
perceptible and adversely causing reduction in visual
range, reduction in contrast, or change in atmospheric
coloration".
. A decrease in visibility is an impairment only if it is
due to a controllable source or, as a practical matter,
a source subject to the regulation.
i
The agency should delete the definition of "natural conditions"
entirely:
A concept of background visibility conditions should be
developed.
Comment on "significant impairment":
Reference to "management, protection, preservation or
enjoyment" should be deleted.
Role of the FLM:
Far exceeds the role Congress con templet ted.
Rarely have the expertise to determine the cause of
visibility impairment.
The states should not be required to consult with the
FLM on the entire SIP.
A-360
-------
IV-D-298 continued, page 3
BART:
Should amend the regulations so the SIP would not hold
to the 5 year requirement for installation of BART.
Should not be affected by delays in Administrator or
FLM response to an exemption request in the event the
request.is denied.
EPA should specify the intended scope and uses of continuous
emission monitoring requirements:
This is an excessive requirement for BART.
Data can often be misleading and erroneous.
. This should be replaced with intermittent performance
"t"G S t S
Relationship between emissions and visibility has not
been established.
Opposes the concept of "integral vistas":
Illegally extends limits set by Congress.
Contravenes 'statutorily mandated responsibilities im-
posed on FLM's on basis of multiple use and sustained
yield of land under their jurisdiction.
May extend to privately held land over which FLM does
not have jurisdiction.
Conflicts with establishing Class I, II and III areas
under the Clean Air Act. Most areas of the country
afforded Class II protection.
State should not be required to revise the SIP each time
the FLM decides to identify another area as an integral
vista.
Section 51.304(d) should be ammended: "Integral vistas
identified within Class I federal areas prior to three
years of the date in which a complete new source permit
application is filed should be subject to Section 51.302
(c)(2)(iii)".
Monitoring:
. The Agency has delegated the responsibility of monitoring
visibility in Class I areas to the FLM and responsibility
of research to the states and the FLM.
Guidance document is inadequate. 1) Methods other than
the electronic telephotometer. 2) Particulate monitor-
ing at a single point will not relate back to visibility.
A-361
-------
IV-D-298 continued, page 4
Modeling:
* Validated methods must be used for BART and new source
review.
Long-Term Strategy:
The provision requiring a review of all pollutants should
be revised to apply only to those regulated pollutants
which contribute to visibility impairment.
The reanalysis of BART provision is a continuing exposure
of existing major stationary sources to retrofit require-
ments. This was not intended by Congress.
A source once subject to a BART review should not be
subject to a BART reanalysis.
New Source Review:
* Not all states have procedures which include public hearings
on preconstruction permits. The procedures should be
consistent with present state requirements.
Agency should provide guidance on "adverse impact" which
will include a recognition of those sources, new and
modified which will not adversely affect visibility.
Comments on the "Criteria for the Identification of Integral Vistas",
The identification of the integral vista should not be
the judgement of one individual (i.e. the FLM). The
FLM should only recommend an integral vista.
- A panel of observers should review and evaluate each
recommendation.
The identification process relies heavily on the FLM
familiarity and/or access to legislative history of
the Federal Class I area.
Rather than an "either-or" choice on importance there
should be "degrees" or priorities for fulfilling the
criteria.
There should be standardized methods for monitoring
visitors and the distance they travel to see the vista.
Terms need to be improved and refined.
Comments on the prediction of visibility degradation through
model simulation:
It is arbitrarily assumed that all sulfate particles in
power plant plumes that are created are 0.08 - 1 ym
which are the most optically active.
A-362
-------
IV-D-298 continued, page 5
Most models do not allow for sedimentation of particles
out of the plume nor for coagulation of particles in
the plume.
Most models assume Gaussian distribution. This often
fails to represent real plumes.
The "box model" over predicts visibility degradation.
Comments on the EPA/SAI Model:
Employs a Gaussian Plume which does not describe the
behavior of real plumes.
Assumes: 1) Concentrations of constitutants in plume
are time-averaged - cannot be used to predict instanta-
neous concentrations. . 2) Flat terrain - incorrect for
rough or complex terrain. 3) Uniform wind speed - as
speed increases, Gaussian model breaks down. 4) Does
not account for atmospheric chemistry. 5) Is not
reliable > 20 km from the stack.
The following documents were attached, but they were not summarized
since they are not comments in response to the proposed regulations
per se.
1) Physical Dynamics Inc.: "Part I. An Analysis of
visibility Trends in the San Juan Basin in Northwest
New Mexico" for Arizona Public Service Co. "Part II,
Statement on the Matter of Regulation of Visibility
Impairment" for Arizona Public Service Co. (for pre-
sentation to the State of New Mexico).
2) "Some Aspects of Visibility monitoring in Southwest
Class I Areas" - E. M. Roberts, Arizona Public Service
Company.
A-363
-------
National Coal Association, IV-D-299
Relationship of draft guidelines to proposal regulations
is unclear.
Analysis of guidelines revealed some major concerns.
- Raised significant new issues not in original proposal.
- BART = NSPS presumption for power plants is inconsistent
with 169A.
- Leap to NSPS is contrary to "phased-in" approach.
General Comments on Proposal
- Visibility is reversible.
- Visibility is aesthetic value.
- Visibility protection will consume energy, produce
adverse environmental side effects, require a great
deal of capital, and impose cost on society.
- Because of lack of scientific data, program cannot
be defined.
. Timing too stringent.
Cannot determine how impairment will be attributed to
sources - more guidance needed.
- Without scientific data States will be unequipped to make
trade-offs that Congress determined to be vital to the
development of an acceptable visibility protection
program.
- Recommend that EPA: . .
- Obligate itself to develop the necessary guideline
documents.
- Direct the States to adopt visibility protection pro-
gram that will require imposition of BART controls on
' a reasonable schedule after EPA promulgates the nec-
essary guidance document.
- Integral vistas are at best questionable and is beyond
authority of the Act. Place integral vistas before
Congress. .
Process of identification of integral vistas is unaccept-
able .
Concern over role of FLM to an extent is Federal land use
planning.
- FLM and integral vistas will have an impact upon
FLM because of loose definition of adverse impact is given
too much power to FLM. .
- Strongly disagree with definition of impairment especially
with respect to contrast.
- When no major vista days are involved then they can not
be significant impairment.
BART should not be limited continuous emission reduction.
Strongly object to integral vistas concept.
- Economic analysis needs to include cost of BART for
existing sources.
. Little information is to perform detailed costs, energy
demands.
A-364
-------
Hunton & Williams, IV-D-300
These comments represent part two of the comments as
noted in comment IV-D-271.
Under the proposed regulations, before existing sources
are subjected to regulation, it must be shown that:
1. Visibility impairment (including reduction in visual
range, contrast, coloration) is reasonably attributable
to the source.
2. That current visibility is significantly impaired.
3. An improvement in visibility is reasonably antici-
pated to result from a reduction in emissions.
4. The benefits associated with an anticipated improve-
ment in visibility are not outweighed by the costs
incurred in achieving this level of visibility improve-
ment. Those costs must also be affordable by the
source.
Lack of scientific data on visibility should require that
EPA proceed cautiously with regulations.
Agency has failed to explain how several factors which
deal with the nature of the visibility are related.
These factors include:
- Powerful natural forces that dominate visibility.
- The sources of atmospheric pollutants.
- The observer, what he views, and his perception.
- The statistical nature of visibility.
A statistical analysis of when and how often certain events
occur is required in order to characterize visibility
distinguish significant and insignificant impairment,
to value changes in visibility for the cost-benefit
comparisons in BART assessments and to distinguish
"adverse impacts" from insignificant impacts.
While BART guidelines are responsive to Act, it departs
from the requirement of 169A. The most serious problems
are:
1. The unsubstantiated conclusion that the revised new
source performance standards (NSPS) level of control
will typically reflect the appropriate level of BART
control;
2. Failure to provide adequate guidance for attribution
of visibility impairment to an individual source;
3. Failure to provide adequate guidance for determination
of when visibility impairment is significant;
4. The inadequate nature of EPA's interim visibility
monitoring and modeling guidelines.
5. Certain technical problems with the content of the
BART analysis, including the methodology for analyzing
control technology costs and for comparing the costs
and benefits of additional control; the suggestion
that states take into account Phase II visibility
A-365
-------
IV-D-300 continued
impacts in making Phase I BART determinations; and
the failure to give any guidance for weighing tne
costs and benefits of visibility control.
Presumption that BART equals NSPS is not supported by
either the Act, the record in this rulemaking or the
record of NSPS.
Focus of BART is on
existing facilities and must consider
current capabilities.
. Costs are to be considered in both BART and NSPS but the
results are likely to be different in each case.
Additionally, cost vs. benefits of visibility protection
are irrelevant to setting NSPS.
NSPS at most represents a ceiling.
. Definition of visibility impairment is defective because
EPA fails to provide adequate guidance on the meaning
of visual range, contract, coloration and natural
- Us^of Monitoring and modeling must be based on comparable
definition of humanly perceptible change. ^
- Agency must explain authority for using "contrast_.
. EPA must explain basis and purpose for incorporation of
terms "natural conditions"._ How can EPA measure and
characterize natural conditions.
Guidance needed on reasonably attributably.
EPA's proposals on visibility monitoring are premature.
. Monitoring guidelines suffer from a variety of funda-
mental flaws. Need information on:
- O/M.
Data handling.
- Calibration
- Quality assurance.
Guideline more
directed at monitoring regional haze
Also narrow in perspectiveonly monitors that are
on
the market.
Many
UldiJS-cu. . . .
assumptions in guideline are not justified
_ >. «__.C _t-. «w\ 4 i~t -^ ~\ r* f~tfT\ /~« T ^
No
Ily CtOO LUllf Ua-WAJ.^ J.J.* -3 «._*.«. _. ^
information on monitoring for chemical species and
particle size in terms of a distribution. _ _
- EPA has identified five factors which affect significance
of visibility impairment, but has offered no guidance.
. _J . i__t_ l~. .! M J- rt *-* V. T-_ -i t~rTic* a
Need more
IT _!_ J.-O y «l-±llK-* *-* -I- a- 4.Li^--j.* *- f ~+* _____
guidance on using photographic techniques
IN6^U lUw-Lt; y u.J-w.o.xi^'V^ v-»j.* w^^^---.*^j ^ _/ j_
Several major modeling issues remain unresolved
Models are unvalidated. _ .v..n-.
- Methodology for relating model-calculated visibility
parameters to humanly perceived visibility is large
hypothetical. . .
- Methodology for relating model calculations to impair-
ment and to improvements has not been adequately
discussed.
A-366
-------
IV-D-300 continued
Modeling Workbook
Four major issues
No discussion of the role of human perception or its
relationship.
Too complicateddiscussion on frequency of occurrence
is extremely confusing.
Need to discuss assumptions.
- Level 1 screening relies on unsupported assumptions.
Level 2 also relies on unsupported assumptions but also
is.flawed in its reliance on personal judgements in
selection of input parameters, its focus on worst-case
impact scenarios and its recommendation that Level 1
be used when meteorological data are unavailable.
Level 3 guidance is not offered in workbook.
Users manual is generally too complicated and inadequately
documented.
Visibility model should not run beyond 10 km in rugged
terrain.
User's manual does not provide sufficient guidance to
ensure that plume chemistry is adequately considered.
The atmospheric optics also have several defects.
- Sensitive to background visibility.
- Does not accurately portray human visual perception.
- Relies on incompletely understood optical properties.
Models should be withheld from the regulatory context
until they can be validated.
BART Guidelines
References to Phase II consideration in BART should be
dropped.
Limited technical knowledge should cause EPA to reconsider
BART in Phase I.
- Inadequate record.
Plume effects are especially sensitive to "significance"
factors.
- Need guidance on comparison of all costs with benefits
of visibility improvement.
Several problems still exist in BART guideline which are
discussed at length in Stearns-Roger and KVB reports.
Basic problems are:
Additional work should be done to clarify the
importance of the cost dimensions.
- Consideration of retrofit costs.
Guidance on selecting and costing different types of
ESPs and baghouses.
- Further elaboration can be found in KVB and Stearns
and Roger reports.
A-367
-------
IV-D-300 continued
EPA's and guideline documents provide inadequate guidance
for the States to develop a reasonable source control
requirement.
Many rulemaking issues are unaddressed and implementation
issues still exist.
All guideline documents should be revised.
May 22 regulations indicated that EPA was to prepare a
guideline for NSR. To date, no guideline has been
offerred. NSR program is deficient.
FLM must carry burden of proof that a new source will
have an adverse impact before State is required to
take action.
Guidelines needed on "adverse impact".
Need more guidance on approvability of SIP's for long
term strategy.
Delete excessive reporting requirements.
Integral Vistas
Guideline does not provide precise, objective or repro-
ducible guidelines for the identification of integral
vistas.
- Procedures are not clear.
- Fails to require documentation for the decisions that
will be made.
- Explain how factors that are to be considered must be
weighed when decisions are made.
- Improperly preclude the accessibility of a vantage
point from FLM's consideration of natural visibility
conditions.
Subjectivity of integral vista guidelines are reflected
by use of undefined nebulous terms such as "international
of national significance", "predominant distinctive
source quality", "visual resource specialist".
- The weakness in guideline suggests DARG's reading of
Act is correct. Had Congress intended such a concept
it would have been expressly stated.
Regulatory Analysis
ICF report only addresses one aspect of proposed regula-
tionsBART for existing sources. It fails to consider:
- Cost of controlling sources which may be included in
long term strategy.
- Costs of controlling new sources under regulation at
a level more stringent than under PSD.
Additional administrative costs.
A-368
-------
IV-D-300 continued
ICF report also doesn't address two significant aspects
of BART regulations:
Inclusion of sources which impact "integral vistas".
- Establishment of a presumption that BART equals NSPS
unless justification is presented to the contrary.
ICF report employs "screening" technique to identify
sources potentially subject to regulations. This
analysis is flawed because:
The ICF approach treats the potential impact of a
plume at the center point of a Class I area. May
understate seriously the potential impacts of the
regulations. Clearly ignores the integral vista
concept of the proposed regulations.
The ICF approach does not take into account varying
meteorological conditions, a significant factor in
determining the impact of a plume. May be an over-
statement of potential visibility impacts.
The screening device used incorporates the Gaussian
plume dispersion model. While the Gaussian Model was
developed for transport distances on the order of 10
kilometers, it is used here to model effects over
hundreds of kilometers.
- The chemical reactions component of the visibility
screening device used by ICF fails to account for
the state or form of final reaction products as a
function of regional climatological conditions, and
ignores some significant chemical reactions.
- The screening device is based on modeling a fixed,
unrepresentative plume-observer-sun geometry.
The screening device ignores differences in terrain
typical of the East versus the West, thus rendering
any conclusions based on this analysis suspect.
ICF ignores benefit aspects of regulation.
Steams-Rogers makes several recommendations regarding
Retrofit Guidelines for Coal Fired Power Plants by
Pullman Kellogg.
General
EPA should evaluate a more representative selection of
plant sites in determining the accuracy of BART
methodology.
Such site specific factors as fuel sources, regional
wage and productivity, and land availability should
be addressed in the Pullman-Kellogg report.
Costs associated with down time required for retrofit
should be more adequately addressed.
A-369
-------
IV-D-300 continued
Costs associated with "remaining useful life criterion"
should be addressed.
Effects on cost due to escalation should be addressed.
NOV Control
In evaluating retrofit applications utilizing low excess
air (near theoretical), the potential for tube wastage
and its associated costs must be considered. In
addition, slagging and superheat temperature control
problems resulting from changes in excess air have cost
implications which must also be considered.
The BART document should clearly qualify retrofit by
stating that NOX reduction is totally uncertain due to
the number of factors involved, including furnace size,
burner design, coal type, variability, etc. There is
no indication of what recourse a utility has if the
retrofit is ineffective.
The BART document should indicate, if possible, how the
state is to determine existing boiler NOX levels in
order to determine current NOX production.
The EPA cost module estimates only the least expensive
aspect of the NOX retrofit, i.e., the cost of material
and labor to install NOX control devices. It should
address such items as derating of the boiler, operational
problems, and replacement power cost which will probably
far exceed the initial first cost of NOX retrofit.
The EPA document should provide a means for the inexper-
ienced engineer evaluating BART for NOX control to
estimate the impact of the aforementioned items as well
as those filed by UARG at the NAPCTAC meeting of
February 27 and 28, 1980.
Particulate Control
Electrostatic precipitator sizing is based solely on coal
sulfur content. Although coal sulfur content is a
significant parameter for sizing cold-side E£5P's, hot-
side ESP's are nearly insensitive to sulfur content.
Ash characteristics, composition and particle size
distribution also affect fly ash resistivity and, con-
sequently, ESP sizing. For hot-side precipitators, the
ash sodium content is probably the most important
variable. The EPA draft report should discuss these
other factors in ESP sizing, particularly for hot-side
EPA's, and explain the site specific variability of ESP
sizing criteria.
A-370
-------
IV-D-300 continued
Electrostatic precipitator pressure drop is stated as
1/2 inch WG. This is too low if inlet and outlet nozzles
and flow distribution devices are included. ESP pressure
drop should be 2 to 3 inches WG and the power required
for this pressure drop should be included in the ESP
energy requirements. This change will increase ESP
operating costs.
The draft report does not address flue gas conditioning
as a retrofit option for improving existing ESP removal
efficiency. In certain cases flue gas conditioning
represents a viable, cost-effective approach for retro-
fit particulate control and should be discussed.
Fabric filter pressure drop is stated as 5 inches WG.
This pressure drop is acceptable for the bags only, but
total flange-to-flange pressure drop would be 6 to 7
inches WG. This would increase the fabric filter cost
for power due to pressure drop by approximately 20 to
40 percent.
. The ash handling system applicable to both ESP's and PF's
is sized based on number of modules (hoppers) only.
Total quantity of ash to be handled is an important
parameter for ash handling system design and should be
discussed. The possibility that additional fly ash
storage capacity may be required when increased retro-
fit particulate control is incorporated should be dis-
cussed.
SO2 Control
The design criteria uses a base case design coal of 0.5
percent sulfur. Cost module extrapolations are then
made for coal sulfur contents differing from the base
case. This results in rather extreme extrapolation for
high sulfur coals (3 to 5 percent). It would be more
accurate to assume a more representative coal sulfur
content for the base case (e.g., 2 percent sulfur) or
provide an additional base case for higher sulfur coals
(e.g., 4 percent sulfur).
- The scrubbing system includes a venturi scrubber preceding
a spray tower. The use of a venturi ahead of the spray
tower is not typical and results in an extremely high
system pressure drop (16 inches WG). Elimination of
the venturi from the base case would reduce system
pressure drop to 7 to 10 inches WG (excluding pressure
drop for unusual duct configurations or long runs of
ductwork). This change would decrease electrical
operating costs for Booster Fans by about 30 to 40
percent.
A-371
-------
IV-D-300 continued
Filter cake discharge solids content is assumed to be 70
wt %. Filtered solids content of 70 percent is accept-
able for a slurry.that is almost completely oxidized
(whether from forced oxidation or for a low sulfur coal
application) but a more representative value would be
50 percent. This would increase filter sizing and cost
and disposal pond sizing and cost by approximately 40 ,
percent.
The limestone ball mills and lime slakers should be spared
to ensure system reliability. This change would increase
feed systems cost by the increased equipment cost and
associated labor, material and factored indirect costs.
The approach to sludge disposal is questionable. Assuming
the use of 50 foot depth ponds completely ignores the
geotechnical and hydrologic site specific conditions
which affect pond design. Also, no operating costs are
assigned to sludge disposal. At sites where space
limitations or geotechnical or hydrologic conditions
prohibit deep on-site ponds, trucking to a landfill may
be required resulting in significant sludge disposal .
operating costs. The retrofit guideline document should
provide means for determining the sludge disposal tech-
nique applicable and provide guidance for associated
operating costs.
The sheer number of SO2 section cost modules (12 modules
for feed systems alone)' could be reduced and would
' improve applicability with little sacrifice in accuracy
of the cost modules presented in the document.
The report does not adequately discuss lower levels of ...
SO2 removal than the NSPS of 90 percent removal for the
wet scrubbing systems. The only mention made is in
extrapolation equations for cost module adjustments.
Lower levels of removal should be discussed more
completely.
Most existing power plants have stacks which would not
tolerate addition of a wet FGD System. An additional
cost module should be added to account for the addition
of a new chimney with the FGD System.
Alternate technologies such as coal cleaning or fuel
switching should be addressed as a possible process
alternative for lower levels of SO2 removal.
KVB Report
BART determination must represent a coordinated effort
among the State, utility, combustion consultants and
boiler manufacturers as far as NOX is concerned.
A-372
-------
IV-D-300 continued
Stearns-Roger Report on BART Guideline
Although many earlier comments on Pullman-Kel'logg document
have been addressed, the following comments still apply:
Although derating is discussed as an undesirable NOX con-
trol technique, forced derating resulting from adverse
side effects caused by the implementation of other NOX
control methods is omitted. The potential cost impacts
of forced derating must be addressed.
The document suggests the use of expert assistance for
determining the impact of NOX control adverse side effects
in an actual design case. It neglects, however, to
recommend the same assistance during use of the cost
estimating procedure. Without this assistance during
this stage of cost development, large errors could be
made.
Sludge disposal charges should be estimated and included
in the SC>2 control costing procedure.
Additional guidance is needed to aid in the selection of
a hot-side ESP, cold-side ESP, or baghouse for particu-
late control.
Guidance is needed concerning installations with existing
controls.
Sizing data for ESPs is too simplified and could result
in sizeable errors.
No guidance is given on incorporating site-specific factors
into the costing procedure.
No guidance is given which aids in the selection of one
type of FGD system rather than another for costing.
No direction is given as to when new stack costs are to
be incorporated in the estimate.
A means of adjusting the costs for variations in remaining
useful life of the source is needed.
National Economic Research Associates, Inc.
Report on Economic Impact Assessment
Economic impact has two deficiencies:
- Study only analyzes a portion of the costs.
Study ignores completely how these costs compare to
benefits which may .be attributed to the regulations.
Also there are two shortcomings:
- Study violates minimal Congressional intent.
Did not evaluate the regulations as proposed.
Study cannot provide guidance to EPA in formulating
the regulations.
Study underestimates the potential costs.
A-373
-------
IV-D-300 continued
By structuring study so that it excludes consideration
of much of the proposed regulations and the benefits
of visibility improvement, EPA has given every reason
to doubt the sincerity of its attempt at performing
an economic impact assessment.
A-374
-------
Coleman Furniture Corporation, IV-D-301
Objects to the proposed regulation:
Questions the need for additional restrictions beyond
existing PSD and nonattainment area regulation.
Delete "integral vistas". This outsteps Congressional
intent and from Section 169A gives no authority to
regulate outside the Class I areas.
BART is a never ending procedure and should have a massive
adverse impact on facility operating costs. Feel BART
should only be applicable once.
Regulation only orients toward emissions from stationary
sources. Mobile sources are also contributors to visi-
bility problems.
A thorough economic analysis should be made of the effects
from the proposed regulations. Besides the high cost
to industry_from BART, the expense on state and, govern-
ment to monitor, manage, and implement these regulations
will be high. Curtail industrial growth.
A-375
-------
Southern California Edison Company, IV-D-302
The method of selecting sources in remote areas is very sub-
jective:
Adequate modeling techniques are not available.
. The author feels it will be very difficult to distinguish
between effects from the Los Angeles and Las Vegas
urban plumes and a stationary source in the Southwest.
It may be impossible to site a new source in Southern California:
Increased number of Class I areas will preclude construc-
tion of a new source.
EPA should moderate its schedule for promulgating the final
regulations until 1985.
The author presented data on the Mohave plant and rate of forma-
tion of secondary particulates (sulfates). They calculated a
formation of 500 Ibs/day of sulfates to the atmosphere. The
author also calculated a formation rate of 100,000 Ibs/day for
the Los Angeles Basin. However, this calculation was based on
some far reaching assumptions: (1) the TSP on a typical day
is 200 yg/m3, (2) 50% of all TSP is in the light scattering
range (mass media diameter of 0.5 micrometers), and the average
sulfate concentration in the Los Angeles Basin is 20 yg/mj.
A-376
-------
Sierra Club, IV-D-303
Support EPA's regulations.
Inhibit FLM role in identifying and protecting integral
vistas.
Want EPA to review December 31, 1985 deadline for identi-
fication of integral vistas by June 30, 1985.
Must sort out EPA, State and FLM role in NSR.
Regulations avoid cooperative effort between EPA and FLM
on determining adverse impacts.
Regulations should state that if EPA and FLM agree that
facility will cause an adverse impact, State must deny
permit.
Want numerical index developed to measure quantitatively
changes in visual perception.
Regulations should call upon FLM to use all available
discretionary powers to ensure his affirmative respon-
sibility. Require FLM to deny permit applications.
Support BART analysis in 51.302(c)(4).
Support Long-term strategy. Want EPA to promulgate fine
particulate standard.
A-377
-------
Florida Forestry Association, IV-D-304
!
Opposes the proposed regulation's application to prescribed
burning:
Alternatives of mechanical and chemical vegetation control
are too costly or drastic from health viewpoint.
Without prescribed burning, dangerous concentrations of
fuel on the forest floor would increase the incidence
of wildfire, which is extremely costly both to the safety
and economy of the citizens of Florida.
Florida has effective rules and laws which regulate the
use of prescribed burning in the State.
. Visibility impairment from prescribed burning is a temporary
condition and is an acceptable trade-off compared to
uncontrolled wildfire.
A-378
-------
Evans, Kitchel, and Jenckes, IV-D-305
(Representing Phelps-Dodge)
Requested copies of guideline documents, but they only arrived
on August 22, 1980.
Detailed comments will follow.
A-379
-------
State of Montana, IV-D-306
* Agrees with EPA's phased approach.
30 days for FLM review is inadequate for FLM to provide
a meaningful review need to notify FLM even before
complete permit application is received.
State and FLM should coordinate their visibility monitor-
ing activities.
Not sure that concept of integral vistas is authorized
under the Act but concept behind integral vistas is
sound.
Need good smoke management program. Montana has one of
the best. While prescribed burning is definitely a
problem, it can be minimized with an effective smoke
management program.
Need training of FLM personnel.
A-380
-------
Merck and Company, Inc., IV-D-307
Urges EPA to delete the integral vista provisions since they
impose mandatory Class I area requirements on sources outside
a Class I area, from the final regulation.
Oppose application of BART to pollutant-emitting facilities
which add new boilers after August 7, 1962 and which minimally
impact visibility:
Application of BART to stationary sources constructed
after August 7, 1962 will encourage companies to
operate older facilities exempt from BART with more
significant impacts on visibility. Recommended that
EPA provide a limited period of exemption from BART
review for sources subject to NSPS or BART requirements.
Here EPA should then consider a provision which requires
the state to consider the adequacy of existing controls
satisfying NSPS or BACT in determining BART.
A-381
-------
State of New Mexico, IV-D-308
Find regulations difficult to enforce.
Definitions for visibility impairment and natural con-
ditions "need further clarification. Need method for
determining "humanly perceptible change".
Interstate problems and.visibility could involve several
state, RO's state, coordination, decision making, etc.
and agreements would be precluded within the 9 months
allocated for SIP development and submittal.
Future BART reviews could negate previous interstate
agreements.
State lacks budget and resources to provide adequate
Federal/State consultation.
. 90 day period to assess those areas with visibility
problems is unrealistic.
Integral vistas only established are public notice and
hearing with State participating in the decision.
- How will states develop a SIP for long-term visibility
improvement if the methodology will undergo revision
(humanly perceptible change to models, etc.).
What assistance will be available from EPA to assist
State in conducting BART analysis?
Who will train visibility observers?
- States may not have legal authority to require sources
to monitor visibility. Could take 1 to 2 years to
obtain this authority.
"Adverse impact" for vague-leaves too much to be inter-
preted.
Guidance on visibility improvement expected as a result
of NSPS.
Reanalysis of BART for those sources which have been con-
trolled should not be required.
Long range strategy should be dropped until regional haze
component is determined.
Too much power in regulations for FLM.
- Difficult to develop SIP long-range projections if BART
guidelines are changed.
A-382
-------
Mead Corporation, IV-D-309
Adopts and incorporates the views of the:
American Paper Institute: National Forest Products
Association, IV-F-8.
. National Council of the Paper Industry for Air and
Stream Improvement, Inc., IV-?-?.
Believes that the pending proposal exceeds authority granted
to Agency by Congress and outsteps original Congressional
intent.
A-383
-------
Atlantic Richfield Company, IV-D-310
Comment on BART:
The BART guideline fails to examine the trade-offs
between BART and visibility.
None of the supporting documents address the cost vs.
effect issue.
The visibility program outlined in the "Visibility Monitoring"
guideline is more than is necessary.
. For an'isolated source, only a telephotometric instru-
mentation and a documentation camera are necessary.
Other data is valuable, but if it is not measured across
the optical path it cannot apply to the source.
Nephelometer data and particulate data collection for
the elevated plume is impracticable.
"Visual range is useful to the lay person" - EPA does
not consider this. The Act is intended to protect
visibility for the lay person. .
. EPA is proceeding to regulate in a technical area without
a complete plan, i.e., "radiance measured at 550 mm...
Data gathered at other wavelengths. . ..asses vista color..
when EPA has determined the most appropriate formula".
Statistical Analysis - "visual range should be plotted as
a log normal probability plot". How will data be
interpreted? What is the significance?
The computer model" cannot at this time predict visibility in
very complex terrain.
Opposes the concept of "integral vistas":
Contradicts the express language of Section 169A of the
Act.
EPA has designated a "buffer zone".
An unlawful geographical extention of the visibility
regulations.
A-384
-------
Western Regional Council, IV-D-311
Scientific understanding of visibility is limited.
More research should be done prior to implementation of
the regulations.
Definition of visibility impairment:
"humanly perceptible" is too subjective.
There is no isolatable point of perception.
"Natural conditions" will vary greatly.
EPA does not have a scientific definition.
Supports the phased approach.
Initiation of plume blight control as first phase may
be premature - lack of ability to attribute impair-
ment to a single source.
BART Determination:
EPA should consider carefully economic ramifications
be-fore imposing this financial burden.
Reanalysis of BART was not intended in legislative
history.
State is to have primary role for BART under the
legislation.
New Source Review Comments:
No subsequent BART requirement should be imposed on a
permitted new source.
It would be unreasonable at a later date to determine
the predictive techniques were inaccurate and retro-
fit should now be required.
It is unclear in the regulations when monitoring must
take place.
Comments on the role of the FLM:
FLM has sole responsibility for designation of integral
vistas - no state participation is a problem.
Only the states can reclassify an area as Class I.
FLM has no veto over authority of the state in redesig-
nation of classification for nomhandatory Class I areas.
Identification and BART of existing sources is supposed
to be left up to the states.
Role of FLM should be revised in the proposed regulations,
A-385
-------
IV-D-311 continued
Opposes the concept of "integral vistas".
The legislative history does not support this concept.
Statutory language does not support this concept.
Opposes the inclusion of nonmandatory Class I areas as subject
to the proposed regulations.
Section 169A applies to mandatory Class I areas only.
For areas designated Class I pursuant to Section 164,
only PSD regulations would apply.
A-386
-------
Pacific Gas and Electric Company, IV-D-312
Opposes the definition of "visibility impairment".
The use of "humanly perceptible change" is subjective.
How can visibility data be adequately acquired and
quantified?
Opposes the concept of "integral vistas".
The time frame for identification of integral vistas
is too short.
No clear guidance is given as to how an integral vista
is determined.
Pugati've dust from a road should not be included as
subject to integral vistas.
Comments concerning BART.
BART must be clearly defined.
There must be a limit set on the reanalysis of BART
where BART has already been applied.
Visibility impairment is not irreversible.
Postponement of these regulations will cause no harm.
Further studies should be made.
A-387
-------
National Coal Association, IV-D-313
Opposes the concept of "integral vistas":
Was not part of Congressional intent.
Method of selection gives too much power to FLM's.
Could have major impact on energy development. Especially
true since FLM can identify additional sites for inte-
gral vistas. ,,,,!
If EPA continues with integral vistas :it should make
each one subject to format rulemaking process.
Comments on definitions:
. Opposes definition of "visibility impairment". Contrast
should not be included.
The definition for "significant impairment should in-
clude some allowance of the amount of visitor use
involved in the area.
Section 51.303(a)(1) does not allow adequate exemptions as
specified in the Act.
Lack of an objective economic analysis for BART.
The denial of a new source permit if the FLM rejects it is not
what Congress intended.
Visibility is reversible, and is an aesthetic value.
Comments on BART guidelines.
Requiring states to adopt NSPS for power plants is
unjustified.
A-388
-------
Pacific Gas and Electric Company, IV-D-314
Comment on the "Workbook for Estimating Visibility Impairment".
How can EPA claim this is the easiest and most accurate
model available since the model has never been validated?
Due to the time constraints for the commenting period
detailed review of the guideline was not possible.
The model is .only accurate up to 50 km. Potential impacts
beyond 50 km will have to be evaluated.
A-389
-------
Brunswick Pulp and Paper Company, IV-D-315
Opposes the definition of "visibility impairment".
The definition should be changed to "any humanly percep-
tible change in visibility which interferes with manage-
ment, protection, preservation or enjoyment of Class I
areas, and is solely caused by man-made sources".
Questions the method of identification of causes of visibility
impairment:
The proposed regulations rely too much upon visual
observation, and not enough upon objective monitoring
techniques.
An example was used - the preliminary assessment of
Wolf-Island, Georgia by the National Park Service in
1978. Some of the assertions in the report were based
on invalid assumptions. The example was attribution
of haze to inland sources, but the prevailing winds
were off the ocean.
There should be a consistency of application of criteria for
assessing impairment:
A panel of 25 to 50 members should make evaluations._
The evaluations should be supported data or information
from measuring instruments.
The public should participate in evaluating visibility:
Since visibility is mainly for enjoyment of public lands,
the public should be involved in evaluating visibility
impairment and integral vistas.
Comments on a Natural Baseline:
Assumptions may be made that in the absence of man (and
except for) the visibility would be perfect. This is
simply not the case because natural pollutants are
present.
The regulations should somehow prevent this assumption
from being made.
A-390
-------
Department of Conservation and Natural Resources, Division of
Environmental Protection, State of Nevada, IV-D-316
Opposes the proposed method of identifying integral vistas:
The designation of an integral vista should not be up
to the FLM or EPA, but up to state or local officials.
The proposed regulations are too broad and with too much federal
authority.
Rather than saying no visual impairment can occur, the
regulations should define what amount of impairment
would interfere with the public enjoyment of lands.
It is the state's sole responsibility to select impacting
sources, and determine BACT.
Undue authority has been given to the FLM and EPA.
The proposed regulations leave some unanswered questions:
Can a reliable visibility monitoring system which can
be used in all Class I federal areas be developed?
Can a suitable model be developed?
Can the problems of local meteorology of complex terrain
associated with western mountains be resolved?
Can chemical changes of the pollutants in the atmosphere
be understood and accommodated in the above areas?
A-391
-------
Environmental Research & Technology (ERT), IV-D-317
Propose a visibility model to replace SAI's PLUVUE.
- model is comparable to PLUVUE but supposedly "more
applicable and easier to use for regulatory purposes."
- no other real criticisms or comments on PLUVUE.
A-392
-------
E. I. du Pont de Nemours Company, IV-D-318
Urges EPA to delete Section 51.306(d)(2) or to modify this
section (dealing with long-term strategy) to allow States
sufficient flexibility to review new major emitting facilities
and major modifications on a basis that would consider the
local circumstances.
Requirement for States to conduct their visibility
impact reviews strictly "in accordance with such
guidance as is provided by the Agency", is a narrow
restriction. No single guideline can address all
possible situations.
A-393
-------
Associated Oregon Industries, IV-D-319
Section 169A(e) was totally disregarded in the Federal Register's
publication of the proposed visibility rules.
This section prohibits the protection of "integral
vistas" by the use of "any automatic or uniform
buffer zone".
Language within this Section 169A(e) needs further
clarification.
Disagrees with integral vistas concept, stating this was not
Congressional intent in the Act.
A-394
-------
International Assoc. of Fish & Wildlife Agencies, IV-D-320
Urges cautious approach in promulgating these regulations:
Proposed regulations should not be drawn so as to unduly
regulate those lands of smoke producing fires that are
essential to certain forms of land and wildlife manage-
ment.
Regulations should recognize positive aspects of prescribed
burning as well as the ephemeral nature of smoke emis-
sions and make a comparison as to the effects on the
Class I areas.
A-395
-------
Department of Energy, IV-D-321
Note from docket regarding comment IV-D-325 which was sent
directly to OAQPS. Comments are summarized under IV-D-325.
A-39 6
-------
Duke Power Company, IV-D-322
Plans to comment, but they have not yet (August 22, 1980)
received copies of the guideline documents.
A-397
-------
Ted H. Meredith, Vice President Forestry and Environmental
Affairs, Southern Forest Products Association, IV-D-323
General Comment:
Opposes the regulations because of possible regulation of
prescribed burning.
Specific Comments:
EPA does not have authority to regulate prescribed
burning.
Regulations in regard to prescribed burning should
allow the states to decide whether it is necessary
to consider smoke management techniques.
Control of prescribed burning will increase the cost
of lumber, plywood, paper, and housing. It is
inflationary.
Includes a copy of "Fire in the Management of Forests
of the Southern Region."
A-398
-------
Potlatch Corp., IV-D-324 .
Support the,, general concept of visibility protection in Class I
federal areas:
Support phased approach.
Support the public hearings and workshops held by EPA.
Opposes regulation of prescribed burning:
EPA exceeded its statutory authority in writing this
regulation.
Prescribed burning reduces the risk and incidence of
wildfires. .
Produces less smoke than wildfires.
Increases productivity - forest, site preparation for
seeding and planting, weed control, and insect control.
Enhances wildlife habitat.
Better than chemicals and mechanical means.
EPA is considering banning 2.4.5-T. If this happens, it
will eliminate the chemical method of weed control.
Comments on the use of forest residues as alternate energy' sources
More energy may be used to transport and/or process the
wood residues than the residues will produce.
More wood residues are converted to consumer products.
Conversion to energy may not reduce smoke emissions.
Especially true when burned in a home stove or fireplace.
If EPA does decide to regulate prescribed burning-- the following
comments are made:
Postpone prescribed burning regulations until after
Phase I.
Perform a cost/benefit analysis.
Consider smoke from prescribed burning part of the
"natural" or baseline visibility impairment.
States should have the option of deciding whether
additional smoke management techniques are necessary.
EPA regulations should be.coordinated with the state,
private land owners, and other federal agencies.
Prescribed burning should be separated from BART and
new source review.
Opposes the concept of "integral vistas":
Was not allowed for in the Act, and it was not intended
by Congress.
This would cause enormous and unjustified economic and
other environmental problems.
A-39 9
-------
IV-D-324 continued
>
Proposed sections dealing with integral vistas should
be deleted from the regulations.
Opposes the role of the FLM in the regulations:
The FLM has more authority in the regulations than is
given by the Act.
The FLM is given decision making authority, in the Act,
only in the "exemption" section.
. The regulations give the FLM veto power over areas to
be designated Class I.
' FLM are not qualified to make technical air pollution
decisions.
- Role of FLM should be reduced to consultation except as
specified in Section 169A(c)(3) and Section 165(d)(2)(c)
of the Act.
The author finds the BART sections confusing and inadequate.
They appear to be premature.
They might require control on sources who have recently
installed controls.
Revisions are necessary to BART.
Comments on the New Source Review Requirements:
FLM is given a major role in the permitting process
(and should not be).
There are no clear specifications or guidelines on
how a new source will be identified or controlled.
Lack of valid monitoring techniques make these regu-
lations premature.
NSR regulations should be postponed.
Comments on the monitoring of visibility impairment:
'»«! t . , I
EPA should revise Section 51.305 to make it clear the
application of visibility monitoring or modeling
techniques will not be required until they have been
validated.
Comments on definitions:
The definitions are not well coordinated with the Act.
"Natural Conditions" - prescribed burning should be
included in this definition.
A-400
-------
IV-D-324 continued
"integral vista" should be stricken.
"Potential to emit", "fugative emissions", "visibility
impairment", and "significant imapirment" definitions
are inadequate.
The Economics Impact document should be revised:
It should thoroughly evaluate all socio-economic-energy-
environmental costs and trade-offs involved.
A-401
-------
Department of Energy, IV-D-325
Comments represent preliminary comments on visibility support
documents. Emphasize preliminary.
30-day comment period inadequate to review substantial
material.
BART Guideline:
Visibility improvement balanced against cost, energy and
other environmental effects.
No evidence that this balancing is taken into account in
this document.
Cannot agree that BART equals NSPS.
However, agree that BACT could equal NSPS.
Wide degree of visibility improvement may result from
applying BART. Therefore wide range of costs. BART
should be case-by-case.
EPA's recommendation that BART equal NSPS is at odds with
balancing-requirement of statute.
- Disagree with that control requirements for SC>2 under
Phase II should be considered when Phase I requirements
for particulate matter or set because no guidance has
been provided to determine whether or how much SC>2 con-
trol might be justified.
No economic assessment of Phase II other than 3 power
plants.
Believe it is questionable to require a system costing_
over 10 times that needed in Phase I in order to avoid
inefficient Phase II.
Phase II control for SO2 must be coupled with discussion
of long range transport. Phase II should be discussed
in larger context.
Cost information is not well documented.
! i
Visibility Monitoring:
Generally good.
Telephotometer wavelengths at which measurements are taken
are not same as used in PLUVUE.
Only requires limited meteorological monitoring. With
data collected it will not be possible to describe
adequately plume behavior in complex terrain.
Need local mixing depth information.
. Should include human perception monitoring to facilitate
validation and use of psychophysical models.
A-402
-------
IV-D-325 continued
Workbook for estimating visibility impairment:
Concepts underlying assessment are sound. Represent an
improvement over previous procedures.
Serious shortcomings. Many assumed characteristics of
impairment are based not on field data but PLUVUE model.
Errors in PLUVUE model. Gas-to-particle chemical conver-
sion predicts conversion rates two orders of magnitude
lower than measured in power plant plumes.
Concern with conclusion that SO2 is regional problem. It
is not well-founded because it relies on the assumption
that SC>2 conversion rates are so low that appreciable
sulfate is not produced until many km's downwind.
Inadequate guidance for Class I areas in complex terrain.
Impairment perception thresholds for contract change and
color change are probably too high and conflict with
other documents.
DOE contractor has reviewed codes associated with PLUVUE
and has revealed numerous bugs with some of output and
impact assessment guidance is suspect.
A-403
-------
Department of Interior, IV-D-326
Express serious reservations about certain provisions of
the regulations unless final regulations address their
concerns.
States have primary authority to remedy existing and pre-
vent future impairment.
- FLM however have a major role.
FLM has clear responsibility to consider only the protection
of air quality related values. Not to consider non-air
quality factors.
In NSR the FLM is to demonstrate, to satisfaction of State,
any adverse impact. If satisfactory demonstration State
may not issue permit.
Concur with proposed definition of visibility impairment.
Adverse impact is case-by-case assessment.
FLM1s responsibility to prevent issuance of a permit under
NSR upon satisfactory demonstration of adverse impact
within Class I area and does not extend to values outside
the boundaries of Class I areas where others including
DOI may have a variety of interests.
State must have opportunity to consider and balance several
factors including non-air quality welfare reading a
decision to approve a new source.
DOI also has interest and wishes to express concerns on
sources even where no adverse impact has been demonstrated.
State must afford FLM right to full expression.
Have reservations about whether current regulations provide
for balancing of factors with respect to integral vistas
outside Class I areas.
« Request EPA to reexamine legal premises for protecting
integral vistas.
Finding of FLM of degradation of an integral vista must be
accorded great weight, since State's decision must assure
reasonable progress toward visibility goal.
Vistas are important since increments may not protect areas
outside Class I areas.
State decides appropriate level of protection of -vista is
SIP.
Current definition of integral vistas will not provide
opportunity to protect all vistas need to include out-to-
in vistas also. However, sweeping views of mountain
ranges from urban areas would not be identified as out-to-
in vistas since this would not be related to visitor
experience of the park itself.
- FLM has lead role in identifying vistas. Thus "criteria for
identification of integral vistas" is not needed FLM will
use their procedure.
Support definition of visibility impairment as "any humanly
perceptible change...".
A-404
-------
IV-D-326 continued
EPA should continue to place high priority on development
of technical tools to measure impairment.
Urges finalization of monitoring and modeling guidelines.
Many detailed technical comments regarding the wording
of the regulations and preamble to compliment the major
concerns raised above.
Should be a requirement for interstate cooperation.
Extend deadline for submitting SIPs.
Do not restrict to pollutant regulated under Act any
pollutant.
Significant impairment should consider visitor experience
on "peak visitor use days".
Recommend definition of the Indian Lands.
Need criteria for reasonable progress.
Natural conditions too vague, should clarify how certain
factors such as diurnal and seasonal variability will
be considered.
Clarification:
Are synfuel plant fuel conversion plants?
- Do regulations apply to surface mines by themselves
or in combination with other facilities.
51-307 NSR:
Recommend FLM be provided a copy of application.
30 days inadequate.
If FLM takes longer than 30 days State need not consider.
Require consultation as soon as source contacts state
earliest possible time.
- Regulations need to distinguish between case where
source's impact will not cause the Class I increments
to be exceeded.
Regulations must require State before issuing permit to a
source whose emissions exceed Class I increments to
receive certification from FLM.
Clarify role of impact on Indian Lands.
More guidance should be provided on what constitutes an
adequate FLM demonstration.
FLM should develop integral vista criteria.
Initial 90 day period for identification of vistas is
inadequate.
Integral vistas identified after initial 90 days would
not be protected or for that matter listed until mid-1985.
Not clear what December 31, 1985 deadline represents -
whether FLM1s authority to identify expires on that date
or whether the State need not include those vistas which
are not in the plan by December 1985.
Proposed regulations seem to suggest that integral vista
identified by FLM but not yet in State plan is still
protected if it has been identified prior to the calendar
year in which a complete new source permit application is
filed. These seem unclear.
A-405
-------
IV-D-326 continued
Procedures need to be developed to incorporate integral
vistas into SIP in a timely manner.
Regulations seem to say State has the discretion to dis-
regard vista identified but which has riot yet been
listed. Does 51.302(C)(2)(iv) providing for a State
appeal to Administrator apply in this case? What are
the consequences of the State failing to provide protec-
tion to such an integral vista? What action, if any,
can the FLM take to prevent the issuance of a permit
when an integral vista is not provided analysis and/or
protection? What action must the Administrator take to
prevent such a permit from being issued?
Problems with State determining BART. These include:
- the State may avoid having to ever conduct BART analysis
by merely concluding that the impairment is not reasonably
attributable to the alleged source;
- the State's determination appears to be final and is
reached prior to it's having to conduct any analysis;
- the proposed regulations appear to provide no opportunity
or mechanism for appeal of the State's determination by
the FLM to the Administrator.
Section 51.302(c)(4)(ii) should be rewritten to clearly
require State to analyze BART for each source recommended
by FLM unless States provide written determination that
BART analysis is not necessary.
Regulations should require State outline BART process and
list of sources to be covered.
51.306(e) with regard to BART grandfathering has several
deficiencies. .
- Sound reason for precluding a source from BART require-
ments as new technology becomes available, this is un-
necessarily sweeping in its applicability.
- It is not clear how the regulation defines "new tech-
nology;" i.e., does it include new improvements in
existing technology? Does the term include new processes,
techniques or work practices? The answer to each of
the above questions should be "yes."
- The proposed regulation might be revised to require BART
reanalysis.
- Where EPA has prescribed revised New Source Performance
Standards for a class or category of sources, or where
EPA has approved a petition for BART reanalysis for a
specific source from an FLM or a State showing that new
advances have been made in NSPS, BACT or other control
measures, and that application of reasonable available
additional control measures may present the opportunity
for significant improvement in existing visibility im-
pairments in an applicable Federal Class I area.
A-406
-------
IV-D-326 (continued)
Regulations should distinguish between two types of impair-
ment under BART.'
- Any impairment which triggers State's BART analysis.
- Significant Impairment where Administrator and FLM may
not approve"an application for BART exemption.
Suggest source before BART analysis for review and approval
by State.
Regulations lack monitoring requirements. All that is
required is a strategy to monitor.
Need procedures for 165 (e) analysis.
- Establish firm deadline for Phase II regulations. If not
EPA should at least report back to Congress every 12 to
18 months.
EPA should make it clear that it has several other key
responsibilities in visibility after promulgation of
regulations.
review and where necessary promulgate plans.
monitor State actions.
if necessary, enforce State plan requirements.
Problems with preamble language on BART requirements.
- inconsistent with regulation language.
preamble language might be construed to allow or require
visibility impact of each ofseveral sources to be
analyzed in isolation from all others.
Regulations should, provide for requirements for monitoring
or specify how the States are to meet their obligation
to do NSR's without such a requirement.
Need to revise regulations to be consistent with 165(d).
This needs to be made clear.
Do not publish "Criteria for Identification of Integral
Vistas".
. Agree that smoke management is an ecologically sound
management tool. Should be considered in State's long
term strategy.
A-407
-------
Daniel J. Snyder, Visibility Task Force, Western Regional
Council, IV-D-327
General Comment:
Request a 60-day delay of the hearing to allow time to prepare
comments.
A-408
-------
Platte River Power Authority, IV-D-328
Comments on the draft "Workbook for Estimating Visibility Impair-
ment" , U.S. EPA, July, 1980.
- Footnote on "integral vista" inappropriate since the
regulations are only proposed.
. Units "metric tons per day" used rather than grams per
second. Also units for "p" - shown as sm~2 in. one
equation and m~2 in another. p. 51.
Latest revision of Turner's "Workbook" should be
referenced. p. 56.
The mean visual ranges shown on Figure 13 for the South-
west with visual range greater than 170 km are about
50% too high. For determining worst case conditions
under very stable conditions, measurements with a
nephelometer should be made at night. pps. 58 & 59.
The example of an NSPS power plant with an S02 emission
rate of 200 metric tons of SC>2 per day is much higher
than could be expected with western coal. p. 61.
The latest Briggs' plume rise equations should be used.
p. 67.
There is no justification to adding 500 meters to a
computed effective stack height. p. 67.
Doppler acoustic radar cannot observe values of vertical
temperature gradients, only presence of temperature
inversions. p. 72.
A-409
-------
Texaco, Inc., IV-D-329
Definition of visibility:
. Public appreciation of scenic quality, visual air quality,
visual range and atmospheric discoloration are not
equivalent visibility parameters.
Monitoring:
Although there are several methods available, few compari-
sons of the various methods have been made.
. Data base must be accumulated using several methods which
include human observation.
Natural Background:
- Regulations using natural conditions as a background are
not technically feasible because the difference between
existing and natural conditions can never be.measured.
For Phase I regulations, only the visual plume tracking is a
reliable method for assessing whether a change in visibility is
the result of pollution.
Modeling:
Is not a generally useful predictive tool in the forseeable
future. .
May be a useful assessment tool for existing sources if
properly "tuned".
Support the concept of phased regulations:
- The approach to Phase I should be different.
. A basis for the regulations should be developed before
compliance strategies are required.
A system of degradation measurement - scenic beauty
evaluation (SEE) is suggested.
. A SIP revision would require a plan to develop modeling
or pollutant concentration monitoring for sensitive
vistas. j « j_
- Other analysis would be performed on frequency and effect.
Definition of "Visibility Impairment":
Not technically feasible.
. "Any perceptible" could lead to a changing definition
with improved monitoring techniques.,
- Should be defined: "man-caused change in atmospheric
optical properties (including visual range and atmos-
pheric discoloration) which appreciably reduces public
enjoyment of the scenic quality of the vistas".
A-410
-------
IV-D-329 continued, page .2
Definition of "in existence" to encompassing:
New or modified facilities with preconstruction approvals
and permits after August 7, 1977 should not be "in
existence" until after it is "in operation".
Opposes the concept of "integral vistas":
Not authorized by Congress.
The regulation and guidelines encourage the FLM to identify
as-many vistas as possible.
The judgement is highly subjective for selection of an
integral vista.
New Source Review:
The present NSPS and PSD provide adequate interim visibility
protection for Phase I.
There are no appreciable visibility protection benefits
to compensate for the Nation's energy availability.
These provisions should be deleted.
Identification of impairment:
There should be some criteria.
Present guidance is vague and scientifically unsupported.
Determination of BART:
The extension of procedures for BART determination on
power plants to other kinds of sources is tenuous.
Use of modeling do determine the need or extent of SC>2
or NOX control should not be made.
. BART guidelines should distinguish between appropriate
economic analysis for power plants and other types
of facilities.
Long-Term Strategy:
No guidance to the states is offered.
No validated models.
Where no scientifically sound basis is available for objective
implementation of a rule, that rule should be deleted from Phase
I.
A-411
-------
IV-D-329 continued, page 3
"Draft Report - Preliminary Assessment of Economic Impact":
Only takes into account the effect on existing sources.
"Criteria for Identification of Integral Vistas":
Did not take into account economic factors.
Could have a large effect on nation's energy independence,
energy costs, balance of payments, and national security.
"Interim Guidance for Visibility Monitoring":
Should more thoroughly address the technically feasible
goal of identifying impairment from existing sources.
. Should enumerate the techniques that can be used.
. Should not presume relationships among atmospheric
optical properties.
I
"BART Guideline":
Unvalidated models should not be used.
The guideline should indicate the basis? for determining
investment, operating and maintenance, and annualized
costs.
"Workbook for Estimating Visibility Impairment":
Relies on generally invalid Koschmieder relationship of
visual range to other atmospheric optical properties.
Use of unvalidated and erroneous models.
"User's Manual for PLUVUE":
; I
Absence of a comprehensive consideration of the limitations
of the model.
A-412
-------
L. F. Fikar, Texas Utilities Services, Inc., IV-D-330
General Comments:
Fully support the comments of the Utility Air Regulatory Group.
Specific Comments:
Phased Approach: Agree with the phased approach in which
initially only direct visual observation is used to
identify sources causing impairment of visibility in
Class I areas.
Integral Vistas: Recommend that all references of
"integral vistas" be removed from the proposed regula-
tions and that only Class I areas be considered for
special visibility controls.
Role of Federal Land Manager: The Federal Land Manager
should be kept informed of all proceedings and allowed
to comment, but all decision making on air quality con-
trol requirements should be made by the State Air Control
Agency.
A-413
-------
Mary Pat Darilek, Attorney for Tennessee Gas Transmission,
IV-D-331
Opposes the concept of integral vistas:
Violates the plain meaning of the statutory language.
Goes beyond the intent of Congress.
I
Regulations rely on subjective determination of visibility
impairment:
No standards are set forth to measure a "humanly per-
ceptible change in visibility".
Regulations do not allow for review of sources affected
by an adverse determination.
Opposes addition of visibility standards to new source permitting
requirements.
Section 169A does not mandate a separate visibility
permitting procedure in addition to the other PSD
regulations.
Any additional regulatory burden placed on sources seeking
PSD permits would be unreasonable.
A-414
-------
William H. Young, Oregon's Department of Environmental Quality,
IV-D-332
Cost of maintaining and developing monitoring program as outlined
in interim guidance would be expensive.
Oregon has 12 Class I areas and would need federal monetary
assistance.
The required nephelometer is difficult to operate and
maintain and usually doesn't have the range suggested
in the guidelines.
None of the three levels of modeling presented in the Workbook
for Estimating Visibility Impairment are suitable for Oregon.
Levels 1 and 2 are conservative due to the mountainous
terrain.
Limited meteorological data is available.
The application of Level 3 analyses is not clear.
The User's Manual for the Plume Visibility Model does not
address modeling needs for long range plans, area sources, and
multiple point sources.
PLUVUE appears to be mainly designed for flat terrain.
Dilution equations in model assume that 6y equals 6z
which may not be true of a plume transported a long
way.
Requires more definitive BART guidelines for wood products and
aluminum industries.
A-415
-------
Utility Air Regulatory Group/ Hunton & Williams, IV-D-333
Same basic comments as previously presented in IV-D-35,
IV-D-271 and IV-D-300 with two exceptions (i.e., com-
pletely new material not otherwise contained in 271 and
300).
- Appendix G: TRC Report "Review of the EPA Draft Report
'Preliminary Assessment of Economic Impact of Visibil-
ity Regulations'".
- Appendix H: An Excerpt from Comments of the Utility
Air Regulatory Group on the Environmental Protection
Agency's Proposed Regulations for the Prevention of
Significant Deterioration of Air Quality, Docket Number
A-79-35 (November 5, 1979 as supplemented on November
19, 1979).
- While the comments are basically the same, some minor
changes or additions were made. These include:
- Pg. 33 discussion explaining which sources need not be
subject to the States long term strategies as set forth
in 169A.
- Pg. 40 wording changes on effect of visibility and need
for statistical analysis.
- Pg. 43 rewording of comments where EPA1s proposal departs
from 169A.
- Pg. 44 rewording of 111(a)(1) discussion and legal
standard for NSPS.
- Pg. 45-46 rewording of BART equal NSPS discussion.
- Pg. 50 addition of fourth item which comments on
51.301(0) use of visual observations or other monitor-
ing techniques to attribute visibility impairment.
- Pp. 52-53 wording changes on comments on monitoring
guideline.
Pg. 54 wording changes on significant visibility
impairment.
Pg. 55 reorganizing of guideline comments. No substan-
tive change.
- Pg. 60 rewording of comments on visibility monitoring.
- Pg. 67-69 reorganization and rewording of comments on
visibility improvements, Phase II concerns and
conclusions - no substantive change in comment.
- Pp. 77-83 rewording and some reorganization of comments
on regulatory analysis - no substantive changes in
comments.
- Pp. 84-96 reorganization and revised wording on imprac-
ticality of EPA's proposed schedule and recommendations.
No major changes.
Comments also includes in Appendix B comments on EPA1s
Report to Congress - not reviewed in detail because
they have already been reviewed and considered.
A-416
-------
IV-D-333 continued
Appendix G
Methodology used in regulatory analysis has serious flaws
which underestimate the number of sources potentially
affected and overestimates the costs which could be
justified under those regulations.
Most fundamental flaws are related to reliance on the
modeling of visibility impairment and misinterpretation
of the proposed visibility regulations.
Specific comments are provided on the screening curves.
Specific comments on analysis relating to emissions data,
source to impact area distances, benefit assessments,
and other factors.
- Emission Data - NEDS inaccurate, corrections for annual
to 24-hr emissions.
Source to Impact - Area distance fails to consider
plume outside the Class I area which still could be
visible from each of Class I areas.
- Benefit - Concern over NOX control assumptions.
- Other Factors - Fails to consider long term strategies.
A-417
-------
Libert K. Landgraf, State Forester in Hawaii, IV-D-334
Visibility program should be organized on regional level:
States should work out their own solutions.
Where problems cross state boundaries a regional approach
is required.
Local governments cannot handle problems affecting a
broad area.
Opposes regulation of prescribed burning:
Fire used as a management tool is a natural phenomenon.
Prescribed fire should not be unduly restricted.
It is certain that fires will occur.
A-418
-------
Cities Service Company, IV-D-335
Believe EPA has overstepped the intent of Congress in regards to
the concept of "integral vistas" and the authority given the
Federal Land Manager.
EPA also failed to address requirement that the visibility
regulations should include provisions for "reasonable
progress" in achieving national visibility goals.
Oppose any provision in the regulations to new source review,
saying that there is no support in Section 169A for new source
review for visibility.
Included within their comments are some editorial changes made
for the wording of the regulations.
Oppose several definitions and have supplied corrections for
incorporation to the regulations.
A-419
-------
U. S. Department of Agriculture, IV-D-336
Supports the affirmative role of the FLM in the proposed
regulations.
Supports the phased approach:
However, there is a lack of technical information.
Definitions:
i
i
They are in random fashion and should be in alphabetical
order. '
Revise the definition "significant impairment" to include
reference to the FLM1s role.
. "Integral vista" - should be "integral view" to agree with
published landscape management books. It should include
reference to fundamental purpose for which area was
established.
"Adverse impact" - role of FLM should be included in the
definition.
Add a term "Air Quality Related Values" to the definitions -
"The abiotic, biotic, and aesthetic attributes of Federal
Class I areas the conditions of which: (1) can be
affected by air pollutants; and (2) are important to
achieving the fundamental purposes for which the area
was established and preserved by Congress and the re-
sponsible Federal agency.
SIP Revision
- Subsections (a)(2)(ii) and (a)(4) should be combined.
Subsection (b) should be changed from "...Forest Service
and/or the Chairman..." to "... or ... in writing".
To subsection (b)(ii)(3) add "The State shall consult
in person with affected Federal Land Manager for the
purpose of agreeing on the scheduling and types of
State-Federal consultations to be employed to- imple-
ment the visibility program".
(c) (2) (i) should be revised - "The plan shall... .
- The regulations should state that the FLM1s will employ
an appropriate land management planning process to
establish visibility prescriptions for Class I areas
and integral vistas.
Identification of Class I areas (Subpart (c)(4)(ii)):
The 90-day period is insufficient.
"Significant impairment" rather than "visibility impair-
ment" should trigger a BART analysis.
A-420
-------
IV-D-336 continued
Before I.D. certain items need to be accomplished:
(a) Prepare visibility prescriptions for Class I
and integral vistas.
(b) Inventory current visibility.
(c) Determine whether a "significant impairment" exists.
(d) If "impairment" then identify the source(s) causing
the "significant impairment".
Identification of BART sources should be delayed - the
identification by the FLM would be completed by
December 31, 1985.
Delete "integral vista" from the final rule:
Legislative history does not support this concept.
No buffer zone was planned or intended..
If "integral vista" is retained then the comments:
Section 51.304(a) add "This identification will be made
using the land management, planning process of the
Federal Land Manager.
Delete Section 51.304(b).
Disagree with the first paragraph in the third column
on page 34775 of the May 22, 1980 F.R.
The identification of integral vistas should be by
December 31, 1985 with review of PSD permits on a
case by case basis until then.
Delete Section 51.304(e).
Monitoring:
EPA needs to publish a visibility monitoring guideline.
The language "...evaluating visibility in ..." may be
impossible with instruments in some cases because of.
inaccessability and lack of electricity..
A monitoring strategy should not be based on on-going
research.
Repropose this part when the national program and the
guidelines are available.
Long-Term Strategy
Change from 3 to 5 years.
Opposes the regulation of prescribed burning:
Delete subsection (f)(5) from the final rule.
There are smoke management programs in existence.
The proposed rulemaking is directed at major industrial
sources.
A-421
-------
IV-D-336 continued
New Source Reviews:
" 30 days is not adequate to respond to a proposed permit.
EPA should promulgate a rule under Section 165(e) of the
Act requiring proposed sources with potential to affect
Class I areas to consult with FLM's for advance plan-
ning.
(c) syas "where the State, in consultation..." Change
State to Administrator.
(c) is not consistent with Section 165(d)(2)(c)(i)(ii),
and (III) of the Act. This should be rewritten under
the PSD regulations.
Define a minimum process for dispute resolution.
- PSD visibility requirements should be fully recognized
and coordinated between PSD rule and visibility rule.
- Visibility modeling needs to be addressed in visibility
rule or PSD rule.
A-422
-------
Hugh Sebastian, Concerned .Citizen, IV-D-337
Supports the concept of integral vistas:
Should include vistas view from outside the parks.
Determinations of integral vistas should be made on
the basis of preservation of resources rather than
energy or economic considerations.
EPA should issue specific guidelines for monitoring violators
using latest sophisticated techniques.
A-423
-------
Mrs. Jane Sturtevant, Concerned Citizen, IV-D-338
It is more important to preserve resources than energy or
economics.
EPA should issue specific guidelines on monitoring violators,
A-424
-------
San Diego Gas & Electric, IV-D-339
There is an absence of adequate monitoring and modeling
techniques.
Hasty promulgation of regulations -may be costly and ineffective
in future.
Visibility impairment is not related to public health.
A long time table such as proposed by .WEST should-be followed.
Monitoring, modeling, etc. and BART guidelines could
be developed.
Give states more time.
More thorough cost analysis.
Better program - integrated with control of acid rain
and atmospheric carbon dioxide.
A-425
-------
Alan S. Mickelson, Chairman of Northeastern Area State Foresters
and State Forester in Illinois, IV-D-340
Non-federal Land Managers should be included in the development
of the visibility program:
Favors a phased, state centered approach.
Allows local people involved to react to specific local
problems.
Rules that apply nationally may in some cases work
contrary to solvinv local problems.
- Cooperation between the State, EPA, and Federal Land
Managers is important for developing a monitoring
system that should operate at the. state level.
Hopes EPA will recognize currently operational State
smoke management systems.
Opposes regulation of prescribed burning:
Smoke from a prescribed fire should not be categorized
as a man-made source.
. Based on the definitions of visibility impairment and
natural conditions smoke from prescribed fires can
not have an adverse impact.
It is a sound forest and range management tool.
A-426
-------
Bert Barry, Concerned Citizen, IV-D-341
- Judgement of where integral vistas exist should be made
on the basis of preservation of resources rather than
energy or economic considerations.
A-427
-------
Charles Bensinger, of Video-Info Publications, IV-D-342
Supports the concept of integral vistas:
The agency in charge of the Class I area should determine
where they exist.
That determination should be made on the basis of preser-
vation of resources rather than energy or economic con-
siderations.
.
Supports an aggressive role for the Federal Land Managers.
Urges EPA to issue specific guidelines for monitoring and new
source modeling.
Wants EPA to say when Phase II will be implemented.
A-428
-------
McGee, Concerned Citizen, IV-D-343
Applaud EPA's position regarding "integral vistas".
- Support expansion of proposed regulations to include
vistas viewed from outside the parks.
Agency in charge of Class I area should determine which areas
are "integral vistas".
Preservation of natural resources is of greater significance
than the need for energy development.
A-429
-------
Mrs. Reynolds Girdler, Riverside, Connecticut, IV-D-344
General Comments:
Generally supports the efforts of the EPA.
Especially in regard to the proposed clean air regulations for
parks and wildernesses. They can't be too strong and they should
be retroactive.
A-430
-------
Gate, Concerned Citizen, IV-D-345
Supports EPA's initiative to propose protecting "integral vistas",
and recommends expanding protection to include essential vistas
viewed from outside of the park.
Agency in charge of Class I area should determine the "integral
vista".
Supports better defined and more aggressive roles for the
National Park Service and other federal agencies in
charge.
A-431
-------
Mary Klaes Troland, Oceanside, New York, IV-D-346
General Comments:
Strong support of proposed regulations.
Should expand the regulations to include part vistas as viewed
from outside the park.
Urges EPA to call for the use of the most modern technology
available to determine levels of air pollution in the proposed
monitoring programs.
A-432
-------
Potomac Electric Power Company, IV-D-347
Opposes the concept of integral vistas:
Goes beyond the intent of Congress.
Visibility impairment is reversible, and the principal reason
for regulating visibility is aesthetic value.
Comment on "criteria identification" guidelines:
Criteria is far too subjective.
FLM's have unlimited power.
Guidelines should be more specific and definitive.
BART
SIP requirements are premature since the states do not
have the ability to meet the proposed revisions in
9 months.
EPA has not provided guidance for identifying a source
of impairment or for characterizing an impairment.
SIP should not be required until validated analytical
techniques are available.
A-433
-------
Thompson - Citizen, IV-D-348
Supports the proposed regulations:
Feels they should be more stringent,
A-434
-------
Bunder - Citizen, IV-D-349
Supports the concept of "integral vistas".
Hopes NPS has an active role in implementation.
A-435
-------
Davis & Davis - Citizens, IV-D-350
i
Supports the concept of "integral vistas".
Propose regulations to protect vistas not in the
Federal Class I areas.
FLM should make final judgement on selection of "integral
vista" site.
More aggressive and defined role for NFS and other FLM's in
visibility protection.
Guidelines for monitoring and modeling should be issued.
A-436
-------
Benioff - Citizen, IV-D-351
NFS and other FLM should implement visibility protection for
Class I Federal areas.
A-437
-------
Leander - Citizen, IV-D-352
Supports the proposed regulations.
A-438
-------
Heckel - Citizen, IV-D-353
Support the concept of "integral vistas".
Areas outside the park viewed in should be protected.
Economics and energy should not be considered.
Better defined and more aggressive role for the NFS and other
FLM's for implementing visibility protection.
Guidelines for monitoring and modeling should be issued.
A-439
-------
Transcript of Public Hearing on Visibility Proposal, Washington,
D.C., June 30, 1980, IV-F-1
Comments presented were reviewed individually and
summaries prepared. See IV-F-3 through IV-F-11.
A-440
-------
Transcript of Public Hearing on Visibility Proposal, Salt Lake
City, Utah, July 2, 1980, IV-F-2
Comments presented were reviewed individually and
summaries prepared. See IV-F-12 through IV-P-32.
A-441
-------
Friends of the Earth, IV-F-3
Regulations are important step to visibility program.
. Proposal has too many weaknesses and does not meet
Congress's intent.
Proposal fails to provide vital connection between PSD
and visibility protection.
Proposal handcuffs FLM from discharging affirmative
responsibility. 30 day review is unreasonable. 90
days should be a minimum.
Disagreements between FLM and State should be subject
to consultation with EPA.
Recommendations: .
- FLM should develop criteria that could be used_to [judge
whether proposed source wouj.'i have an adverse impact on
visibility. Some type of an index.
. Regulations should make it clear that Congress did not
authorize the use of economic or energy-related con-
siderations to be considered in determining if a new
source impact would cause an adverse impact.
Guidance is needed on new source visibility reviews.
- Application of BART does not exclude a source from a
BART reanalysis.
. Strongly support integral vistas.
. Identification with 90 days is not enough time, at least
six months.
- Restricting designations to every 3 years would severely
inhibit the identification.of new ones.
. Department with jurisdiction over Class I area should
be responsible for choosing integral vistas.
Monitoring is insufficient. _
- Support counting of fugitive emissions in applicability
under visibility. _ ,.,..,_
Support phased approach. Set firm deadlines for future
phases.
A-442
-------
William Harrison - Southern Company Services, UARG, IV-F-4
Phased Approach
Visibility impairment is reversible.
Aesthetic value - less urgency.
Costs & Benefits
Costs critical as compared to benefits.
Technical Basis
Lacking
Agrees with EPA's Approach
Only sources who clearly contribute should be regulated.
Visual observations most reliable.
Even if a source is linked to impairment, no regulations
unless relationship can be developed.
BART
Not for all sources.
Premature requirement.
States only adopt procedures for conducting BART assessments.
Nine months not enough time to determine BART on all sources
who contribute.
Analytical Techniques
Lack about to relation actions to degree of improvement.
States can not establish emission limitations based on
current methods.
Less 4 months for states to really do analysis, consider
comments and finalize SIP.
Monitoring
* No reference method.
Failure to publish guidelines on modeling, monitoring and NSR.
Lack complete reg. analysis.
A-443
-------
Hunton and Williams, IV-F-5
Deeply concerned over the content of the proposed
regulations.
Docket as yet fails to reveal the basis for the proposed
regulations. If this is not corrected, then require-
ments of 307(d) of the Act cannot be satisfied.
Reversible aesthetic effect.
Significant portions of the information essential to
understand the meaning and implications of the proposed
rules have not been developed, much less disclosed.
(1) the visibility monitoring interim and final guidance
documents;
(2) the visibility modeling interim guidance document;
(3) portions of the guidelines for assessing costs of
retrofit control technology;
(4) the guideline document for new source review; and
(5) the guideline document of prescribed burning.
Given inadequacies of proposal, EPA must suspend comment
period and repropose.
Current comment period is inadequateneed opportunity to
exchange views.
Adequate procedures must be afforded for review and comment.
If reproposal is not forthcoming, request an additional
30 days for comment.
Comments also include a summary of past and on-goings UARG
activities with respect to visibility.
A-444
-------
National Coal Association, IV-F-6
Opposes the concept of integral vistas:
Goes beyond the statutory authority of EPA.
EPA is jeopardizing new energy development in the west.
Gives significant authority to the FLM.
A FLM could stop new projects at will by identifying an
area as a new integral vista.
In effect extends the boundries of the Class I federal
areas.
The identification of integral vistas should be left up
to Congress.
A-445
-------
J. W. Gnan, Manager of Forest Development, Union Camp Corporation,
IV-F-7
General Comments:
EPA's treatment of prescribed burning in the proposed regulations:
(1) Does not reflect the net air quality benefits of prescribed
burning; (2) does not recognize the importance of prescribed burn-
ing as a natural resource management tool; and (3) imposes an^
inflexible requirement upon state agencies to regulate prescribed
burning.
Specific Comments:
The net impact of prescribed fire on visibility protection
is a positive one.
A-446
-------
Elaine Fielding, Manager of Air Quality Programs, American Paper
Institute/National Forest Products Association, IV-F-8
General Comments:
Opposes the regulations on the basis of: (1) the validity of
the EPA/Department of the Interior determination of areas merit-
ing visibility protection under Section 169A(a)(2) of the Clean
Air Act; (2) EPA's proposal to regulate "integral vistas" that
are outside mandatory Class I Federal PSD areas; and (3) the
impact of the proposed regulations on prescribed forestry burning.
Specific Comments:
Review of the Department of the Interior workbooks on
determination of areas where visibility is an air
quality related value revelas inconsistencies, misunder-
standings, and irrelevant comments. EPA should provide
more than a simple acquiescence with Interior's flawed
evaluations. EPA should, as part of this rulemaking,
fulfill its statutory responsibility to perform an inde-
pendent, critical review of the Interior evaluation
process.
Congress did not give EPA the power to regulate visibility
impairment that occurs outside mandatory Class I Federal
areas. However, if integral vistas must be included,
the guidelines for integral vista selection warrant
formulation with far greater respect for administrative
procedures and appropriate public participation. It is
proposed that, any proposal to identify a specific inte-
gral vista be publicly announced, followed by an oppor-
tunity for public comment, and public hearings.
EPA has no regulatory authority to regulate prescribed
burning. Nonetheless, if EPA continues to assert such
authority, the final regulations should clearly allow
the states to decide whether it is necessary to consider
smoke management techniques in order to make reasonable
progress in achieving the visibility goal.
A-447
-------
Western Energy Supply and Transmission Assoc. (WEST), IV-F-9
There is inadequate scientific and technical foundation to permit
rulemaking at this time.
Validated models are needed.
More data is needed - methods also.
Opposes BART proposals:
- Do not demonstrate visibility benefits from controls.
. Reanalysis provision could present extreme hardships
to utilities.
Increased costs to the consumer
Visibility regulations
will
will be coun
result from New Source costs:
.terproductive
V151JJJ.J-J.1-y ji.<=y u.o.o.i-J-^"'-' »»j.j. ~ j.
EPA should adopt a five year plan to study the problem.
i
The balance of the comments are the same, as the WEST comments in
IV-D-263, already summarized.
A-448
-------
Southern California Gas Company, IV-F-10
Disagree with following definitions from Section 51.306:
"Potential to emit"
"Natural conditions"
Opposes concept of "integral vistas".
Beyond Congressional intent.
Assuming EPA persists in this aspect, the vistas should
be expeditiously identified.
Concerned as to whether through periodic reanalysis, costly
changes in control equipment will be required as new BART tech-
niques are developed.
If so, this would involve facility shutdown every few
years for new and expensive installation.
This would effect significant dislocation in energy
production.
Would a source be exempt from installing BART if facility
is to be retired within 3-5 years?
A-449
-------
Eugene M. Trisko, Attorney Representing Stern Bros., Inc.
IV-F-11
General Comment:
Opposes the regulation because it does not address benefit/cost
analysis and may be unnecessarily stringent in controlling power
plants thus creating an imbalance between air quality and energy
goals.
Specific Comments:
. The attainment of a balance between national energy and
environmental objectives essential to the economic
and social well being of the United States -- will re-
quire substantial legislative modification of the PSD
and visibility protection policies. -a-^m-v
. As a consequence of EPA's determination that visibility
is an important value at all but two of the 158 manda-
** ^ **** C~ .,.-,.._ L , J_ J «« A i-* VN/-V T *-» /T
tory Class I areas
visibility protection is being
extended to over
100 roadless, inaccessible, and infre-
tsJS.tfcSild.C>-t L.W WV^J- _i-ww ,*, v ww r i« -1 x.
auently-visited wilderness areas. Since visibility
protection for Class I areas is intended primarily_to
prevent aesthetic degradation, the extension_of this
*^ _. . _ . 1 _j« j-^. ! -K-* -P-*-,r\ ;-*"i-i *=n-i +1 tr^71 ci 1 "h^O
policy on a
strict basis to infrequently-visited
JJVjJ.-l.wy UJ.1 CL «3 ^*- -^v^u. i-'w.fc^-*-*-- »-" a. i-t< ,
wilderness areas could only generate minimal direct
user
lJ,ilCOO C*.JL^O.*=» v^*-'v<.-fc.^-* -^** j ^
benefits. Corresponding costs, however, could be
An
unacceptably high. . r,^TTC5
example of a cost analysis is presented which-shows
costs of from $4,000 to $18,000 per visitor-day for
visibility protection at two infrequently used wilderness
areas.
It is recommended that the proposed definition of "significant
impairment" (51.301(1)) include a substantiality test:
"Significant impairment" means for purposes>of Section
51 303 visibility impairment which, in the judgement
of"the Administrator, substantially interferes with
the management, protection, preservation, or equip-
ment of the mandatory Class I federal area...
The proposed extension of visibility protection to "integral
viStas" surrounding Class I areas will greatly magnify
the areas of severe siting constraint around_Class 1
areas. One consequence will be the elimination of
dozens, and perhaps hundreds of potential minemouth
(power) plant sites in the western coal and oil sha
reserve areas.
shale
A-450
-------
IV-F-11 continued
The proposed definition of "adverse impact" (51.301(r))
for new source PSD reviews is overly broad and should
be modified to include a substantiality test JLike the
one suggested for "significant impairment".
The addition of visibility as an "air quality related
value" defeats the purpose of one of the hardest fought
compromises in the PSD plan enacted in 1977: Section
165(d) of the Clean Air Act, as amended, allows a
limited 18-day sulfur dioxide variance for certain
sources whose emissions would cause or contribute to
violations of PSD Class I area increments.
EPA can assist Congress in its review of the visibility
protection policy in 1981 by candidly assessing the
costs and benefits of these proposed regulations with
particular attention to their impact on the attainment
of national energy development goals.
A-451
-------
Southwest Environmental Service, IV-F-12
Comments on long term strategy:
Should include specific objectives as well as a schedule.
The regulations must include required improvements in
visibility.
All SIP revisions should be reviewed for visibility
impact.
Concurrence of FLM should be required on any SIP revision
affecting visibility.
A-45 2
-------
Arizona Public Service Company, IV-F-13
The proposed regulations have not followed the legislation:
Benefits are not balanced against energy and financial
costs.
The regulations do not require a state to consider BART for
other than the 26 categories.
The regulations do not give the states visibility objectives
to achieve.
Comments on BART:
EPA has ignored the cost-benefit analysis.
EPA has not developed adequate guidelines.
Nine months for SIP revision is inadequate.
Reanalysis is illegal and inequitable.
The guidelines only list 23 pages of guidance for
26 industrial categories.
A-453
-------
Ralph Jerman, Attorney in the Legal Department of Utah Power
and Light Company, IV-F-14
General Comments:
Opposes the regulations due to impact on power industry.
Specific Comments:
to areas
The proposed extension of visibility protection
outside of Class I areas is beyond the scope of the
Clean Air Act and beyond the intention of Congress.
Visibility regulations could impact on the development
of energy resources in western states and the present
economic impact analysis of the visibility regulations
is totally inadequate
,Ouaj.j.y _Lj.icu-iG=v,iu.a.i-»
is essential that the Agency, and if necessary, the
Congress, at the request of the Agency, take enough
It is
time to
, a
determine the causes of impairment to visibility
and make adequate findings as to the e
will reduce those impairments. This must be done before
regulations setting up specific requirements are promul-
gated. .
The visibility regulations are fraught
with subjective
which cannot be
and potentially arbitrary procedur
adequately incorporated into planning and cannot be
objectively evaluated with regard to compliance.
A-454
-------
National Association of State Foresters, IV-F-15
Favors phased approach to visibility protection.
Favors the State-centered approach, in that a flexible, area-
specific approach is perferable to the setting of national goals.
Commends EPA for its recognition of prescribed fire as an
ecologically sound forest and range management tool.
Agrees with EPA's classification of smoke management
techniques as BMP, and even recommends their use as
BAGT.
Disagrees with the strict definition of "visibility impairment":
Smoke from prescribed forestry burning should not be
classified as a visibility impairment, since smoke
from forest fires existed under natural conditions.
Disagrees with idea of "integral vistas":
This protection is an attempt by EPA to regulate outside
of the jurisdiction granted to it by Congress, and is
an interference with the states' authority to manage
their air resources.
Agrees with the need for cooperation and consultation between
the EPA, the State, and the federal land manager in developing
a monitoring system for visibility at the State level.
Disagrees with a large and expensive national monitoring
system. Monitoring responsibility should be shared
between the federal land manager and state. Federal
government should provide funding since protection is
to federal lands.
Concerned that the program development will only involve the
EPA, the State, and the federal land manager. Supports the
idea that non-federal land managers should also be consulted.
Respects and stresses their hopes that currently operational
state smoke management systems will be recognized by EPA and
not be compromised through the promulgation of national smoke
management guidelines.
Strongly recommends that computer modeling not be con-
sidered as a national answer to managing smoke from
prescribed fire.
A-455
-------
Roy G. Cox, Secretary, North Idaho Forestry Association, IV-F-16
General Comments:
Generally supportive of EPA's efforts but opposed to possible
impacts on prescribed burning.
Specific Comments:
. Questions whether EPA,has authority to regulate prescribed
burning, particularly outside of "mandatory Class I
federal areas
EPA
I^LC^O. CLO. O. i.^-<-*? f .
should limit its regulations to visibility impairment
within Class I areas
EPA
should consider smoke from any prescribed fire for the
*"* QXA^^WtJ-^A V^^^AA k-' -^^-*.*i^J- » ..-w- i _£ ^
purpose of restoring, maintaining or improving natural
ecosystems as part of the contribution to baseline-
visibility impairment.
EPA should specifically include provisions in the final
gulations for states to determine whether consider-
re
ation of additional smoke management techniques for
prescribed burning is necessary in the state program
to achieve the national visibility goal.
EPA should coordinate its final regulations with the pro-
grams of Federal and state agencies and private land
owners
to reduce the risk of uncontrolled wildfires
and to increase the productivity of the multiple
resources which farms and forests provide.
EPA should thoroughly evaluate the alternatives to pre-
' scribed burning and view the objectives of its visibility
program in the light of other desircible environmental
objectives. .,-,,_
EPA should postpone its regulations on prescribed burning
until at least Phase II and preferably Phase III of the
visibility program.
A-456
-------
Dr. John Thielke, Air Quality Specialist, Puget Sound Power
and Light Company, IV-F-17
General Comments:
Endorses the statement of the Western System Coordinating
Council (IV-F-28).
Opposes the regulations because they will result in yet
another regulatory stumbling block rather than a
significant step in the direction toward clean air.
Specific Comments:
The EPA should reassess the technical basis for visibility
standard setting at this time and appraise the courts
and Congress of the need for further research and study.
Congressional direction should be requested to clarify
how the term "reasonable progress" should be interpreted
in paragraph (4) of Section 169A of the Clean Air Act
Amendments.
The consideration of visibility protection for vistas
out of Class I areas should not be included in the
proposed regulations until further direction is pro-
vided by Congress.
Determination of visibility impairment should be based on
visitor related perspective rather than model oriented
techniques.
There is a lack of data and therefore uncertainty in the
baseline values for visibility. Therefore inclusion
of visibility related concerns under PSD review should
be flexible until such time when the effects of variable
natural conditions are understood.
The terms "significant impairment" and "adverse impact"
in the proposed regulation (Section 51.301, paragraphs
(1) and (r)) should be modified to read, ...visibility
impairment which, in the judgement of the Administrator,
unreasonably interferes with...
"Our major objection to the proposed regulations lies in
the lack of a good scientific or technical basis which
in turn, places control decisions at the discretion of
the EPA Administrator."
A-457
-------
Pacific Gas and Electric Company, IV-F-18
The regulations as written are vague.
Visibility models have not been validated.
BART must be clearly defined.
Reanalysis of BART must be limited:
- New and retrofitted existing facilities should be granted
a 10-year immunity from additional retrofit requirements.
Should be explicit "grandfather" clause with exemptions
related remaining life of the unit.
:',i
BART guidelines should include:
Feasibility
Benefit
Cost
. Type, availability and operating histoory.
Should not be LAER.
A-458
-------
State of Arizona (Nils I. Larson) , IV-F-19 '
Concerned with the content and timing of proposed
regulations.
Proposed regulations and the technical support on which
regulations are based do not give the States an adequate
foundation upon which to develop visibility programs.
Several questions in performing BART analysis:
- To what extent does a particular industrial plant
contribute to a visibility problem?
- How are non-air quality and other environmental impacts
of alternative definitions of BART to be measured or
weighed?
- In'terms of visibility impairment, what is the cause :
and effect relationship of the emissions of particular
pollutants from a specific source?
- How are the economic consequences of alternative BART
definitions to be determined?
- Is BART only supposed to be concerned with emissions
from stacks or are fugitive emissions also to be
considered?
- Most importantly, since the definition of BART clearly
requires a cost/benefit analysis, how are the degree
and benefit of visibility improvement anticipated from
. alternative BART determinations to be assessed?
Proposed regulations rely almost entirely upon unvalidated
models. .
PSD goes too far in terms of detail (no State flexibility)
while visibility does not give enough detail.
* The development and implementation of a visibility program
will take considerable State resources.
A-459
-------
Wallace W. Carey, Director of Private Forestry, Industrial
Forestry Association, IV-F-20
General Comment:
i
Opposes regulation of prescribed burning under proposed visibility
laws.
Specific Comments:
Prescribed burning is a necessary tool in modern forest
management.
EPA does not have statutory authority to include prescribed
burning in visibility laws.
If regulations are drafted that in any way restrict the
use of prescribed burning, the background levels that
are used should recognize the fact that there has never
been what people call a pristine, perfectly clean air
shed during the recorded history of the area and wild-
fire smoke has been in the air for centuries.
There will be conflict with existing smoke management
Washington and Oregon,
regulations
in
Hauling of residue out of the woods for slash burning
steam generators is not economically feasible and could
cause air pollution problems near population centers.
Prescribed burning has only short duration visibility
effects.
A-460
-------
Guenther, Concerned Citizen, IV-F-21
Urges that the concept of "integral vistas" be more firmly
established for the purpose of protection.
In addition to protection for these integral vistas
(areas outside park boundaries viewable from within),
essential vistas viewed from outside the park should
also be protected.
Supports that the National Park Service and other federal agencies,
having responsibility for resource protection in implementing
visibility protection for their Class I areas, have the strongest
possible role.
The federal land manager should have key position and ample
time to assess advertising from any new pollutant sources
proposed. Proof of no adverse impact should be from
source (new).
States that EPA should specify a firm date as to when Phase II
will be implemented.
Suggests EPA to use simple monitoring techniques (e.g. visual
smoke plume observation) only for gross measurements. 'More
sophisticated monitoring techniques should be used immediately.
Guidelines on monitoring and new source modeling should be
issued as soon as possible.
A-461
-------
Carlton D. Grimm, Manager, Generation System Development,
The Montana Power Company, IV-F-22
General Comment:
Opposes regulation due to lack of a valid scientific data base
and vague language.
Specific Comments:
Questions the scientific basis for setting a "visibility
standard" considering the state-of-the-art of both
visibility modeling and monitoring.
. Visibility as proposed is subjective.
- The definitions of "significant" or "adverse" are not
adequately qualified or quantified and are thus vague
and ambiguous. .
. Also questions the concept of protecting vistas outside
of Federal Class I areas.
A-462
-------
Governor Matheson, State of Utah, IV-F-23
Desire and accept responsibility for visibility protection.
Visibility is State responsibility.
Lack of scientific and technical information on visibility.
Definition of visibility impairment is unrealistic -
threshold of human perception not a line but a range.
Natural condition impossible to define.
Integral vistas not authorized by Act.
Effect of integral vistas strategies will be significant.
Process of, identifying integral vistas unacceptable.
If integral vistas are adopted - suggest two alternate
approaches.
States would designate the vistas after appropriate
FLM consultation. .
Vistas identified through an explicit State/Federal
cooperative effort. Criteria applied.jointly and
public input sought. State concurrence would be
required.
Specific reference of vista in legislation or legis-
lative history would be mandatory. Public use and
perception would determine its importance.
BART
State's role in selecting sources to be subject to BART
not clearly recognized. Section 51.302(c)(4) must be
stricken.
Impossible to determine "reasonably attributing".
BART reanalysis represents moving target.
Cost to States for visibility program could be substantial.
In Utah the cost would be nearly $700,000.
Favor phased approach. Suggest one further requirement.
EPA should solicit suggestions of test cases where
visibility problems are representative. From this list,
select demonstration projects for BART analysis. Federal
financial assistance would be needed for these studies.
During demonstration period, EPA and States could continue
research into monitoring, modeling and transport
mechanisms.
Regulations have confused .requirements of 169A and 165.
Section 51.307(h) implies integral vistas can be identi-
fied and protected for future, non-mandatory Class I
areas.
A-463
-------
John R. McNamara, Associate General Manager, Salt River Project
Agricultural Improvement and Power District, IV-F-24
General Comments:
Opposes regulations because 1) they depart from Congress'_stated
intent in addressing visibility impairment problem, 2) initial_
notions are eroding as a result of ongoing studies at the Navajo
Generating Station, 3) they inappropriately transfer to the states
the burden of visibility regulation, including development of
reasonable scientific bases for any proposed regulations.
A-464
-------
Mrs. Lloyd Bliss, Chairperson, Utah Environment Center, IV-F-25
General Comment:
Supports the proposed visibility regulations.
Specific Comments:
Urge EPA to embark on a long-term plan to upgrade air
standards in areas visible from Class I areas.
Plans should include:
1) prevention of pollution from new sources.
2) upgrading of air standards for already recognized
sources as technical means become available.
3) creation of an effective monitoring program.
A-465
-------
Public Service Company of Colorado, IV-F-26
Opposes the concept of integral vistas.
EPA is creating buffer zones.
The concept is prohibited by legislation.
The definition of visibility is not clear.
Comments on BART:
The BART guideline is inadequate. _ -i 4.
. No link between control of emissions and visibility
benefit was shown. ma.a4-
- EPA is questioning the ability of scrubbers to meet
opacity for visibility, but this contradicts the
NSPS regulations.
Comments on the ICF Report:
The report states that the Comanche Station at Pueblo,
Colorado will affect visibility in the Rocky Mountain
National Park, 82 km away. The Comanche Station is
230 km from the Park.
- The report concludes additional NOX control is needed
for Comanche. The plant already has the recommended
controls.
The appendix mentions the Comanche Station affecting_
visibility in the Grand Canyon. The Grand Canyon is
450 miles away and upwind of the Comanche Station._
Also mentioned is the Jarbridge Wilderness Area which
is 600 miles away.
Opposes the role of the FLM in the proposed regulations:
Section 51.302(b)(3) consultation with FLM on SIP
revisions is not supported in the Act. _
. Section 51.302(c)(l) FLM may demonstrate an_integral
vista has not been properly designated - is not
supported in the Act. .
Section 51.302(c)(4)(ii) State shall consult with FLM
. Sectional. 302 (c) (4) (iii) State shall consult with FLM
on operational standard other than BART.
Section 51.304(a)
. Section 51.305(a)
. Section 51.306(b)
A-466
-------
IV-F-26 continued
Section 51.306 (c).
FLM does not have technical ability to perform all
functions.
Opposes definition of "Potential to Emit":
No plant operates continuously - year round.
EPA should not condition a permit with limiting the
hours of operation.
A-467
-------
Michael S. Foster, Environmental Specialist, Chevron, U.S.A.,
IV-F-27
General Comment:
Opposed to regulations, particularly with respect to the scope.
111
Specific Comments:
A phased approach:' Agree with the phased approach but
feels that several desirable aspects have been left
out. 1) New sources and modifications should not be
vulnerable to permit denial based on visibility impacts
until EPA has validated and approved visibility impact
models. 2) Suggests that EPA adopt definition number
three (a visually perceptible impairment which is con-
sidered significant or adverse) initially, and consider
number two as a possible long-term strategy.
Definition:
"Significant Impairment" is good.
"Stationary Source" and "Building, Structure, Facility
or Installation" should include only those activities
owned or operated by one person and located on contig-
uous properties that satisfy all three of the following
criteria:
. 1. They have the same first three digits under the
SIC code.
2. They are dependent upon or affect the process
of each other, and
3. They involve a common raw material or product.
- Protection of integral vistas; Protection of "-integral
vistas" should be deleted from the regulations.
Application of BART: Suggest that BART equipment, once
Installed on a source, be deemed satisfactory'.until a
major modification is made on that source, or at least
the regulations should shield sources against "Double
BART" for a reasonable period, say 10 years, to allow
amortization of previously installed BART equipment.
"Visibility Offsets" from exempt sources"; Suggest an
extension of the "bubble concept" to include visibility
related emissions.
A-468
-------
Mulloy, James L., Chairman, Western Systems Coordinating Council,
IV-F-28 and IV-F-28a
General Comment:
The proposed rule can only result in reduced reliability and
increased cost to customers and should be balanced against other
national goals. Visibility protection is a worthy goal, but con-
sidering our national priorities and current state of knowledge,
the proposed action is premature.
Specific Comments:
Rules are vague and require subjective judgement during
implementation.
Could cost the western region over $3 billion to complete
retrofits.
Visibility impairment provides no realistic basis for a
cost benefit determination.
In two or three years, our state of knowledge would be
much more advanced, that would be the time to proceed.
A-469
-------
Pacific Power & Light Company (Ted Phillips), IV-F-29
ProblemsWhat is visibility and what is impairment.
What does human perception mean?
Considerable gaps in understanding of visibility.
Regulations at this time can only apply to single source
situations.
No validated visibility models.
Opacity regulations are already in affect which are a type
of visibility program.
Guidance needed on monitoring.
How measure impairment or improvement?
BART should not apply to each pollutant but only those
which may reasonably be anticipated to cause or contribute
to visibility impairment.
Regulations should draw distinction between "any" and
"significant" impairment.
Integral vistas not authorized by Act.
-. 169A(e) forbids buffer zones. Integral vistas introduce
the buffer zone concept.
BART
Regulations far exceed the requirements of the Act by
essentially granting the FLM veto power over State
decisions.
FLM and EPA can review State BART decisions but initial
decision is left to the State. FLM should be involved
as interested party.
51.303. FLM decision with respect to BART decision should
have a fixed amount of review time associated with it.
51.307(b) seems to imply that State must satisfy FLM that
an adverse impact will not occur instead of the reverse
as required by the Act.
51.307(b) should be revised to specifically reflect pro-
cedures and requirement of the Act.
A-470
-------
Dr. Frederick E. Templeton, Kennecott Corporation, IV-F-30
General Comments:
Do not believe that Congress intended the operations of these
smelters to be affected by the visibility requirements of
Section 169A of the Clean Air Act, but EPA's proposed visibility
regulations may nevertheless subject these smelters to additional
emission limitations.
Specific Comments:
EPA has changed the scope of the statute as enacted by
Congress in at least two ways: .
1) EPA has proposed to include in its regulations, smelters
that were in operation prior to 1962, whereas Congress
specifically excluded them, and
2) EPA has proposed to extend visibility requirements
to areas outside Class I areas, whereas Congress
specifically limited such requirements to the areas
themselves.
EPA should take a less active role in the visibility field
and leave it to the states. "We urge EPA to abandon the
expansive view of its powers represented by these pro-
posed regulations and to redraft the regulations to con-
form to Section 169A, which makes the states, not EPA,
the ultimate arbiter on visibility regulations.
A-471
-------
Island Forest Resource Council, IV-F-31
Concerned about regulation's application to prescribed burning:
- Objective to decrease visibility impairment may have
serious adverse effects on raw material supply (forest
timber). . . _
Could affect maintenance of browse species for wildlife.
. It is possible to restrict programs involving millions
of dollars, while giving little in terms of increased
air quality.
By regulating against visibility impairment in Class I
areas, you are forcing smoke dispersement into popu-
lated areas.
Additional designation of Class I areas ans related
visibility regulations will only serve to tie up forest
management program.
A-472
-------
Colorado-Ute Electric Assoc., Inc., IV-F-32
Opposes the proposed visibility regulations in general.
Comments on the ICF Report:
Incorrect tabulation of particulate emissions for
Bullock Station.
Bullock Station started operation in 1952.
Comment on NOX control in study for Hayden Station.
Also comments on the blue to red ratio which could
be affected by NOX emissions.
Underestimated costs of retrofit.
A-473
-------
Governor Herschler, Wyoming, IV-C-3
State should have the option of reclassifying Class I areas
(downgrade the-classification).
Comments on definition of "potential to emit":
Must recognize enforceable permit conditions.
Comment on the definition of "visibility impairment":
Cannot determine "a human perceptible change in visibility
from that which would have existed under natural
conditions".
- General visibility impairment cannot be reasonably
associated with given manmade activity.
Opposes consultation with FLM on SIP revision.
The State should identify integral vistas.
Opposes role of FLM.
Identification of integral vista.
- Identification of candidate for BART.
Should not have decision making authority.
Long-term Strategy:
Should review every five years.
Comment on New Source Review:
The process of review will take too long. Some States
only have 90 days.
Opposes the final determination by EPA in the case of
a dispute with the FLM and State.
A-474
-------
Scott Paper Company (Through Warren Magnuson), IV-C-4
Opposes the regulation of prescribed burning:
State laws require the abatement of "extreme fire
hazards". Fire is one of the principal tools.
Proposed regulations will increase cost of near term
timber.
Decrease productivity - particularly true on National
Forest timberlands adjacent to Federal Class I areas.
Will discourage small forest landowners from staying
in business.
Will.create a. "backlash" reaction toclassifying
additional wilderness areas.
Will aggravate the fiscal crisis at state level since
states are not prepared to handle proposed regulations,
Aggregate cost of regulations out of proportion to
benefits gained.
A-475
-------
Puget Sound Power & Light Company (Through Warren Magnuson)
IV-C-5
Lack of technical basis for regulations:
Being generated only to comply with court mandate
* ^ _ . i. T 1_ _«.!_< -CT f^ V* -r T ! r* n
Urge EPA
to reassess the technical basis for visibility
standard setting at this time
Appraise the courts and Congress of the need for further
research and study.
'Reasonable Further Progress" in Section 169A(4) of the Act.
Congressional direction should be requested to clarify
the term.
Opposes the concept of "integral vistas":
Not supported by the Clean Air Act.
Not intended by Congress.
Protection of visibility is beset with uncertainties:
EPA should reformulate the basic long-term approach to
visibility protection from deterministic, model oriented
techniques to statistical, visitor related perspective.
Recognizing uncertainties the entire issue and deal
with them. . ..
- Techniques for characterizing "natural" visibility should
be developed. .
- Correlation between lines of visitor use and impairment -
frequency, duration, extent, and intensity should be
reviewed to develop regulations.
PSD
Visibility protection through PSD shoxild remain flexible
until baseline values can be established.
Definitions of "significant impairment" and "adverse impact".
. Should have the language "judgement of the Administrator,
unreasonably interferes with..."
Objects to the proposed regulations:
Lack of scientific and technical basis.'
Significant impact to the economy.
A-476
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Allegheny Mining Corp., (Through Senator Robert Byrd), IV-C-6
Visibility regulations would have severe economic impact.
Specifically power plants in the vicinity of Dolly Sods
and Otter Creek in West Virginia were cited.
ICF cost estimates did not take into account the effect
on the local economy from changing coal supplies.
Urge EPA to revise the regulations so as to limit the
amounts that must be spent for visibility protection.
Visibility is not a health related issue and has no effect on
plants or animals. It'is completely reversible.
Most wilderness areas are not important recreational attractions:
Extention of this policy on a strict basis to infrequently-
visited wilderness areas could only generate minimal
direct user benefits.
Costs could be unacceptably high.
Capital and annual operating costs were cited for four power
plants in the Otter Creek wilderness vicinity which were in
the ICF study.
* Costs to control visibility impairment were listed.
These costs could not be financed under.any plausible
set of circumstances.
This pollution control equipment would be unproductive.
Cost of protection for Otter Creek would be more than
$18,000 per visitor-day at 5% visibility impairment
and over $13,000 at 13%.
If Otter Creek and Dolly Sods benefit, the costs would
be $7,500 per visitor day at 5% and $4,000 at 13%.
Cites quotes from, Latimer's Report, Power Plant Impacts on Air
Quality and Visibility; Siting and Emission Control Implications.
(Final Report, EF 79-101, August, 1979), prepared for EPA.
Large areas will be off limits for power plant siting.
Western coal may not be available to eastern plants.
Opposes "integral vistas":
Reduce even further the possible power plant sites.
Opposes inclusion in PSD permit requirements.
Plants will be precluded from nine month siting.
A-477
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Puget Sound Power
IV-C-7
and Light Company (Through Rep. Al Swift)
This correspondence was identical to that sent to Senator
Magnuson - IV-C-5. For a summary, see those comments.
A-478
-------
Roberts - Citizen, Through Sen. Herman Talmadge, IV-C-8
Supports the proposed regulations.
Supports the concept of integral vistas.
EPA should review all means source permits where visibility
is _i_nvolved.
The role of the FLM should be strengthened and clarified.
Especially where the state - new source review process
is concerned.
The States and FLM's need more guidance on how to make an
"adverse impact" determination.
Method of settling disputes between FLM and States should be
clarified.
Major flow - lack of monitoring program.
A-479
-------
Davidson-Forester, Through Rep. John Hammerschmidt, IV-C-9
Opposes the regulation of prescribed burning:
Natural occurrence.
Pines would be overtaken by shade tolerant hardwoods.
- Improves wildlife habitat.
- Eliminates need for chemical or mechanical control.
Reduces chance of wildfire.
Improves condition for harvesting or replanting.
Smoke management is to keep smoke away from populated
areas, but these regulations may do the opposite.
Forestry burning is only a secondary factor in
visibility impairment.
Concern not given to economic impact.
A-480
-------
Virginia Manufacturers Association (Through Rep. William
Whitehurst), IV-C-10
Opposes the concept of "integral vistas".
s
Would create a buffer zone outside the Federal Class I
area.
Opposes reanalysis of BART:
An industry could be forced to continually install new
pollution control equipment.
Opposes role of FLM:
Could prevent or delay industrial development.
Goes far beyond Congressional intent.
A-481
-------
Governor Atiyeh - Oregon (Through Sen. Mark Hatfield), IV-C-11
Opposes concept of "integral vistas":
Doubt whether Congress actually intended integral vistas
be included.
Could bring unacceptable impacts on natural resources.
If Congress did intend this concept to be enacted, then
the state should play a major role in determining sites
and regulation.
Opposes regulation of prescribed burning:
Guidelines should not be allowed to evolve into strict
rules. .11
. Burning is the only specific source required to be con-
sidered in the long-term strategy. EPA has decided it
adversely impacts.
SIP revisions cannot be done in 9 months:
Monitoring should be done in summer recreational season
over several years.
Control strategies should be based on the results of
this monitoring.
Concerned about identification of sources causing impact:
Models not well developed.
A-482
-------
Representative Beryl Anthony, IV-C-12
Opposes the regulation of prescribed burning:
The regulations will result in the termination of
prescribed burning.
Environmentally safe.
Improves wildlife habitat.
. Reduces chance of wildfire.
Enhances forest reproduction.
A-483
-------
Levy - Citizen (Through Rep. Ike Andrews), IV-C-13
Support the proposed regulations.
Support the concept of "integral vistas".
' Mandated by Congress.
Special protection of Class I areas is needed because of the
tearit industry.
PSD:
Regulations must require review of visibility impacts.
Clear methods for FLM to object to permitting new source.
Procedure for FLM to analyze the impact.
Stated method by which EPA will review and weigh the
FLM's comments in the permitting process.
Monitoring:
For compliance of new sources and current visibility is
not mentioned in the regulations.
A-484
-------
Eads, Council on Wage and Price Stability, IV-C-14
Supports the phased approach.
Questions the assumption BART is equivalent to NSPS.
May raise the cost of compliance significantly.
Comments on BART guidelines:
Guidelines assume BART will be NSPS for the majority of
the facilities. The Act requires a case-by-case analysis.
Fails to describe, in either qualitative or quantitative
terms, the nature and extent of visibility impairment
to be improved.
- The costs of BART for three sources are much higher than
EPA estimated for all existing sources in their draft
regulatory analysis.
Guidelines are confusing as to whether Phase I BART
addresses visibility caused by a single source or
regional haze created by multiple sources.
To what extent will the BART guidelines control the SIP
revision requirements?
A-485
-------
Virginia Manufacturers Association (through Rep. Joseph Fisher),
IV-C-15
Opposes the concept of integral vistas:
Development and expansion of existing industries could
be denied.
Would create a buffer zone.
Opposes the reanalysis of BART:
No way to judge future costs of BART.
Opposes role of FLM.
- Could prevent industrial development.
Go beyond Congressional intent.
A-486
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA 450/2-80-0835
3. RECIPIENT'S ACCESSION NO.
4. TITLE AND SUBTITLE
Appendix A - Summary of Individual Comments on the
May 22, 1980 Proposed Visibility Regulations
5. REPORT DATE
October 1980
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO
9. PERFORMING ORGANIZATION NAME AND ADPRES
PEDCo Environmental, Inc.
11499 Chester Rd.
Cincinnati, Ohio 45246
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-3512
12. SPONSORING AGENCY NAME AND ADDRESS
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, N.C. 27711
13. TYPE OF REPORT AND PERIOD COVERED
Final
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
The Appendix to "Summary of Comments and Responses on the May 22, 1980 Proposed
Regulations for Visibility Protection for Federal Class I Areas" summarizes the
public comments by individual commenter.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Response to comments
Visibility
Public comments
Visibility
Release to public
19. SECURITY CLASS (ThisReport)
Unclassified
21. NO. OF PAGES
500
20. SECURITY CLASS (Thispage)
22. PRICE
EPA Form 2220-1 (Rev. 477) PREVIOUS EDITION is OBSOLETE
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