Air Quality Issues at Shenandoah and Great Smoky Mountains National Parks

Transcription

1 Air Quality Issues at Shenandah and Great Smky Muntains Natinal Parks 1993 I. The Factual Fundatin: Research and Mnitring Results Substantial research and mnitring have been perfrmed at bth parks ver the last decade. Resurces knwn t be impacted: visibility, streams, sils, vegetatin A. Visibility: Since 1948, when the Natinal Weather Service started measuring visibility, annual average visibility in the Suthern Appalachians has decreased 60% verall--80% in summer, and 40% in winter. Summer used t have sme f the best visibility, and nw it has the wrst. The average annual visual range in the East is estimated t be ne-fifth f natural visual range. B. Streams: Based n extensive wrk at Shenandah, mst Shenandah and Great Smky Muntains Natinal Parks streams are sensitive t aridificatin; i.e., they cannt neutralize adds because f "base-pr," weather-resistant bedrck In the past, the thick sils in these parks have adsrbed the acids, but these sils are nw appraching saturatia Upn saturatin, the acids g frm the air thrugh the sils and int the streams, causing rapid acidificatin. This rapid acidificatin in streams has been mnitred in Shenandah, dcumenting streams' aridifying 2-3 times ver and lsing insect and fish life in the prcess. The researchers predict this addificatin will ccur in many sutheastern streams in the next years. C. Sils: Studies shw that certain high elevatin sils in Great Smky Muntains are nitrgen-saturated, causing leaching f txic aluminum that bth hurts vegetatin (by inhibiting uptake f nutrients) and hurts bita in streams. The nitrates als cntribute t addificatin f streams. D. Vegetatin: Ozne is injuring vegetatin. Field surveys n abut 10% f Great Smky Muntain's trails revealed 95 species with zne-like injury. Researchers have fvrmigated 30 f these species and cnfirmed the zne injury n 27 f these. The higher the elevatin, the mre severe the zne cncentratins, dses, and injury. Als, add depsitin is damaging the valuable spruce-fir ecsystem f the Suthern Appalachias, accrding t the Natinal Acid Predpitatin Assessment Prgram (NAPAP). This frest shws serius decline symptms. E. Overall perspective: The Sutheast has prbably experienced greater air quality deteriratin than any ther regin f the cuntry in the last few decades, and this deteriratin appears likely t cntinue, because f D substantial and cntinuing grwth and develpment

2 natural cnditins that predispse the Sutheast t harmful pllutin impacts, including: sme f the mst frequent and severe stagnatin in Nrth America (lw/n winds, cupled with ther cnditins ihat result in serius reginal pllutin episdes - high SCX, NO and 0 3 ) substantial bigenic emissins, especially rganics frm vegetatin (respnsible fr the "blue" in the Blue Ridge and the "smke" in the Smky Muntains, bth verwhelmed nw by an unnatural white r gray haze); these rganics help t xidize pllutants t ther harmful frms and make siting new surces mre difficult: putting a NO, surce near these natural rganics can cause an "explsin" f zne, as discussed in the Natinal Academy f Sciences' 1991 reprt Rethinking the Ozne Prblem abundant "slar radiatin," L -, sun - that increases chemical activity in the atmsphere substantial "vertical mixing' 1 - which can result in the mixing f "pllutin alft" int the lwer atmsphere lw "acid neutralizing capacity" in muntain streams, making these streams particularly vulnerable t acidificatin frm atmspheric adds II. Applying The Facts t The Law: Are the Abve Impacts "Adverse"? The Federal Land Manager (FLM), the Assistant Secretary fr Fish and Wudlife and Parks, and the Class I area Superintendent have an "affirmative respnsibility t prtect air quality related values (induding visibility)" frm "adverse impacts" A. The legislative histry f this prvisin instructs the FLM and ihe Superintendent t be aggressive, err n the side f benefitting the resurces, participate in the permit prcess, and challenge inapprpriate permits in curt. The NPS Management Plicies reinfrce this instructin. B. The NPS has defined the term "air quality related values" t include all values f an area affected by r dependent upn air quality. The Clean Air Act's legislative histry incrprates int this term ihe Organic Act's "fundamental purpse t cnserve unimpaired." 2

3 C. The NPS' definitin f "adverse impact" asks whether the inipacta. Diminishes the class I area's natinal significance; b. Impairs the quality f the visitr's experience; r c. Impairs the structure and functining f the ecsystem. Ill, PSD New Surce Review Apprximately 20 new pwer plants have applied fr permits "near" Shenandah in the last five years. "Near" Great Smky Muntains NPS has reviewed ver 25 majr new surces during the last decade, Befre 1990, NPS dcumented the resurce impacts, asked fr mitigatin (e.g., ffsets), but stpped shrt f finding "adverse impact" in a new surce review, A. Class I areas get highest degree f prtectin, B. The Clean Air Act establishes tw tests t prtect Class I areas frm pllutin frm "new surces" (including "majr mdificatins" f existing surces), 1. In the Class I increment test nce baseline cncentratins cme under review by submissin f a PSD precnstructin permit applicatin, nly the smallest increment f certain pllutants - sulfur dixide, nitrgen xide and particulate matter -- may be added t the air by the prpsed new surce. A state shall nt issue a permit t allw cnstructin r mdificatin f the surce, when the FLM makes an adverse impact determinatin based n a prjected vilatin f an increment - an exceedance f the "maximum allwable increases fr a class I area." 2, In the adverse impact test the FLM Is the expert whse pinin is t be given great weight frm the state/epa. Unless the Class I increment is vilated, hwever, the State/EPA still hld ultimate decisin-making authrity, because the FLM must demnstrate "t the satisfactin f the State that the emissins frm such facility will have an adverse impact n the air quality-related values (including visibility) f such lands," C. The Clean Air Act's regulatry scheme is highly cmplex, Technical issues abund cncerning bth the increment and adverse impact tests..the Shenandah and Great Smky situatins are raising many such technical issues. 3

4 1. The Class I increment test cncerns bth the "new surce review (NSR)" prcess and the "state implementatin plan (SIP)" prcess. Fr example, are there Class I increment vilatins at Shenandah Natinal Park? Must a new surce "significantly cntribute" t tliese vilatins t be denied a permit? If s, what is a "significant'' cntributin? WJiat mdels shuld be used? Shuld mdeling include surces beynd 100 km? If the permit is granted, must the SIP nevertheless be revised? 2. The adverse impact test cncerns whether and hw t relate tlie emissins frm the prpsed new surce t impacts n park resurces. Imprtantly, allparties essentially agree that Shenandah and Great Smky Muntains Natinal Parks are experiencing adverse impacts frm air pllutin. Virginia and Tennessee have rejected the FLM's adverse impact determinatin, hwever, because (a) the FLMhas nt demnstrated with adequate precisin hw each prpsed surce's emissins will affect park resurces, and (b) EPA has nt explained with adequate detail liw the States shuld evaluate the. adverse impact determinatin. Technical questins cncern mdeling, significant cntributin, "generic" versus individual adverse impact determiruuins, burden fprf placement and standard, evaluatin f ffsets, and mre D. In Fall 1990, the Assistant Secretary fr Fish and Wildlife and Parks fr the first time cncluded that (1) a Class I area, Shenandah Natinal Park, was experiencing "adverse impacts" frm air pllutin, and (2) the apprximately 20 new pwer plants seeking air quality permits within 200 kilmeters (km) f Shenandah wuld exacerbate the "adverse impacts." the Assistant Secretary fr Fish and Wildlife and Parks recmmended that Virginia deny the permits unless the increases in pllutin culd be ffset by decreases in pllutin frm existing facilities. E. In Nvember 1991, the FLM preliminarily cncluded that (a) like Shenandah Natinal Park, Great Smky Muntains Natinal Park was als experiencing "adverse impacts" frm air pllutin, and (b) the emissins frm a prpsed new biler at Tennessee Eastmaq wuld exacerbate the "adverse impacts." As in the Virginia situatin, the FLM recmmended that Tennessee deny die prpsed permit unless ffsets are btained. The FLM als infrmed Tennessee that the FLM was preparing a-federal Register ntice n the air quality prblems at Great Smky Muntains Natinal Park. F. On February 5, 1992, the FLM published this preliminary determinatin f adverse impact in the Federal Register, setting frth the FLM's general cncern abut substantial pllutin increases within 200 km f the park. Whereas the public cmments n the 1990 Federal Register ntice fr 4

5 Shenandah were verwhelmingly supprtive, the majrity f cmments n the 1992 Great Smky Muntains ntice ppsed the FLMs apprach. G. Since the Federal.Register ntices, the FLM has made final determinatins f adverse impact in several cases. Fr example, n January 31, 1992, the FLM reached an adverse impact determinatin n the Hadsn Pwer 14- Buena Vista prject, a 60 MW cgeneratin facility prpsing t lcate 56 km SW f Shenandah and t emit 358 TPY S0 2 and between 478 and 797 TPY NO, (depending n the effectiveness f new SCR technlgy). Of all the recent pwer plants, the Hadsn-Buena Vista facility is the clsest t Shenandah, and even clser t a Frest Service Class I area (James River Face Wilderness Area). Hadsn btained greater than ne-fr-ne SO. ffsets, but failed t btain ttal NO, ffsets. The JTLM's adverse impact determinatin was limited t the NO 1 emissins that wuld nt be ffset. The NFS cmment letter als expressed cncern abut the visibility (pllutin) and visual (aesthetic) impacts f the facility n the Blue Ridge Parkway, 5 km west f the prpsed lcatin f the facility. Rejecting the FLM's recmmendatins, Virginia issued the Hadsn permit n April 8, On Octber 5, 1992, the EPA Envirnmental Appeals Bard reviewed die Hadsn permit (in respnse t petitin fr recnsideratin), and remanded t Virginia based n the Cmmnwealth's clear errr in rejecting the FLMs' adverse impact determinatins. H. The law is still unsettled n the burden f prf required t cmpel a reluctant permitting authrity t accept an FLM's adverse impact determinatin. If the prf requirements are difficult t meet, the FLM might nt be able t prevail despite substantial damage t the class I area's resurces frm air pllutin., IV. Additinal Issues A. Need fr effrts utside the new surce review (NSR) prcess t address these reginal air pllutin prblems (sng«interstate pllutin cmmissins, state implementatin plan revisins, reginal multi-state meetings) SAME SOIJTHERN APPAIACTIIAN MOTJNTAINS INITIATIVE! On June 11, 1992, EPA rganized a meeting in Atlanta t discuss frmatin f a sutheastern "gegraphic, r reginal, initiative" t address air quality prblems f the apprximately 10 Class I park and wilderness areas in the Sutheast, including Shenandah and Great Smky Muntains Natinal Parks. Fllwing this meeting, the states agreed t rganize such an effrt Tentatively knwn as "SAMI," this effrt is already trying t include class I sites in mrutring, mdeling, and regulatry effrts. Ideally, SAMI will 5

6 assess current infrmatin and determine hw t best achieve cst-effective pllutin reductins in the regin, taking int cnsideratin all surces f pllutin and all available regulatry (and ther) prgrams. B. Relevance f Clean Air Act Amendments f 1990 (CAAA) 1. CAAA did nt rescind PSD, thugh the legislatin did make small changes. 2. In the East, annual average impacts caused by SO, emissins are likely t be mitigated by 10 millin TPY reductin mandated by the Acid Rain Title IV; hwever, NO, emissins in the East are prjected t increase ver time despite CAAA, and the mre limited NO, reductins required by the legislatin are nw under cnsideratin fr delayed implementatin. 3. Difficult t factr CAAA requirements int PSD prcess until measures are implemented and permits revised-difficulty is increased because f flexibility f market-based apprach. 4. Effect f CAAA measures n particular Class I areas will nt be knwn fr years: many regulatins must be develped, prmulgated, implemented, and results analyzed. 5. Even with the mst ambitius implementatin f the CAAA, research shws acidificatin will nt stp, significant visibility impairment will cntinue, and rural zne will cntinue t damage park resurces. 6. "LcaT pllutin increases may create new prblems, even if CAAA measures diminish lng-range pllutin. ~ meterlgy, tpgraphy, ther factrs imprtant. 7. Effect f CAAA measures can and shuld be taken int cnsideratin in develping reginal strategies t prtect Shenandah and Great Smky Muntains Natinal Parks. Future pprtunities: NSR regulatry revisins; CAAA implementatin and pssible further amendment t prtect parks, reginal initiatives, such as SAMI and NPS reginal initiatives. 6