563 FW 2                                      Air Quality Protection

2.2 Policy. Proper management of air resources is vital to protecting and maintaining the Nation's fish and wildlife resources. The Service is required by the Clean Air Act to preserve, protect, and enhance air quality and air quality related values (AQRVs) on Service lands. AQRVs include visibility, flora, fauna, soil, water quality, cultural and historical resources, and virtually all resources that are dependent upon and affected by air quality. In addition, the Wilderness Act requires the Service to protect and preserve the wilderness character, including the pristine air quality, of designated areas.

2.3 Scope. Many of the Service's areas are currently or have the potential to be impacted by air pollutants. Of particular importance is the management of air quality in mandatory Class I air quality areas designated by the Clean Air Act. The Service manages 21 Class I areas, wilderness areas exceeding 5,000 acres, totalling 2.3 million acres (Appendix 1). The remainder of Service areas are classified as Class II and also receive protection from the Clean Air Act, although not at the Class I level.

2.4 Authorities. The Service's air quality management authorities are included in several acts of Congress. Some of these laws contain general language requiring the Service to protect, preserve, and enhance natural resources, while others set forth specific responsibilities. The most specific mandate to manage air resources is the combination of the Wilderness Act of 1964 and the Clean Air Act.

A. Wilderness Act of 1964 (Public Law 88-577).

(1) The Wilderness Act of 1964:

(a) defines a wilderness area as "... an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is managed so as to preserve its natural conditions...";

(b) and states that "each agency administering any area designated as wilderness shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character."

(2) The Wilderness Act permits many activities in a wilderness area so long as they do not permanently alter the natural processes that interact with the land. The Service Manual contains specific guidelines for wilderness management in 610 FW.

B. Clean Air Act, as amended (P.L.84-159, 42 USC 7401 et seq., P.L. 101-549). The Clean Air Act of 1970 established a national policy toward protecting and enhancing air quality, including specific substantive and procedural tools to protect the nation's air quality, as well as provisions to protect parks and wilderness areas. Of particular importance to the Service in the protection of air quality are Section 109, which established National Ambient Air Quality Standards for certain pollutants, and Sections 160-169A of the Act, which established the Prevention of Significant Deterioration program.

(1) National Ambient Air Quality Standards (NAAQS). The Environmental Protection Agency (EPA) has set standards for the "criteria" pollutants: sulfur dioxide, nitrogen dioxide, ozone, particulate matter less than 10µm in diameter ("inhalable particulates"), lead, and carbon monoxide. All areas must meet NAAQS or the state must develop plans to attain the standards.

(2) Prevention of Significant Deterioration (PSD) Program. The fundamental principle of the PSD program is that air quality in clean air areas may not be significantly degraded. One of the purposes of the PSD program is "to preserve, protect, and enhance the air quality in national parks, national wilderness areas, national monuments, national seashores, and other areas of special national or regional natural, recreational, scenic, or historic value."

C. EPA Regulations: Prevention of Significant Deterioration (40 CFR 52.21)

D. Department of the Interior Guidance: Internal Procedures for Determinations of Adverse Impact Under Section 165(d)(2)(C)(ii) and (iii) of the Clean Air Act (47 FR 30226, July 12, l982).

E. Interagency Agreement: Between the United States Fish and Wildlife Service and the National Park Service (FWS Reference #14-48-0009-93-949; NPS 1443-IA-0001-93-006).

F. Permit Application Guidance: For New Air Pollution Sources (Natural Resources Report NPS/NRAQD/NRR-93/09).

2.5 Responsibilities and Roles.

A. Fish and Wildlife Service.

(1) Director. The Director is responsible for approving the Service's Air Quality Management Plan.

(2) Chief, Air Quality Branch (AQB). The AQB is within the Division of Refuges, which reports to the Assistant Director--Refuges and Wildlife. The Chief, AQB, is responsible for overall leadership and coordination of the air quality management program. The AQB reviews and prepares comments on PSD permit applications, Environmental Impact Statements, and planning documents which may affect Service areas. The AQB designs and implements special studies and monitoring efforts necessary to respond to air quality issues, and is responsible for allocating funding for these projects. The AQB also analyzes and comments on legislative, regulatory, and policy development at the State and Federal level.

(3) Regional Directors. Regional Directors (RD) are responsible for signing Service comments regarding PSD permits. The RD, usually through an Air Quality Coordinator, provides liaison between Service areas and the AQB.

(4) Air Quality Coordinator (AQC). Each region with Class I areas has a designated AQC. The AQC coordinates the exchange of information regarding air quality management issues between Service areas and the AQB. The AQC also coordinates the finalization and signing (by RD) of comments on specific projects and PSD permit applications.

(5) Field Station Managers. Because of their proximity to, and familiarity with, the Service area resources, field station managers help identify: AQRVs (flora, fauna, visibility, soils, aquatic resources, etc.) which need to be considered in PSD permit reviews; air pollution threats to wilderness and resources; and, monitoring data needs. Field station managers are also responsible for participating in and overseeing air quality monitoring programs.

B. National Park Service (NPS). Under the Interagency Agreement, NPS-Air Quality Division (AQD) provides technical assistance to the AQB on PSD permit application reviews, air quality monitoring and modeling, and other air quality related responsibilities specified by the Clean Air Act. NPS also provides office support and space for the Service's AQB personnel.

C. Other Agencies.

(1) Environmental Protection Agency (EPA). EPA has the responsibility to issue and enforce the regulations that fulfill the mandates of the Clean Air Act. In most cases, EPA has transferred the authority to issue PSD permits to the states. However, EPA retains oversight authority on all PSD issues. In addition, EPA supplies technical information used to evaluate permits.

(2) State Agencies. In most cases, states have permitting authority. It is the responsibility of the permitting authority (state or EPA) to notify the federal land manager (FLM) if emissions from a proposed project may impact a Class I area. After a period of review by the appropriate agencies, including the FLM, and a period of public comment, the state issues or denies the operating permit. The permitting authority is not required to notify the FLM of projects that may impact a Class II area. However, the permitting authority is required to ensure that the proposed project would not result in an exceedance of the Class II increment.

2.6 Prevention of Significant Deterioration (PSD). Under the PSD program, three air quality classes (I, II, III) were established for areas with air quality better than NAAQS (attainment areas). There are defined limits on the allowable increase (increments) in particulate matter, nitrogen dioxide, and sulfur dioxide for these three classes.

A. Area Classification.

(1) Description. Class I areas have the highest level of protection from air pollutants, and very little deterioration of air quality is allowed in these areas. Moderate deterioration, associated with well managed growth, is allowed in Class II areas, while more deterioration is allowed in Class III areas. Lands can be redesignated by the states, and in some cases, by Indian governments. However, certain Class II areas, "floor" areas, may not be redesignated to the less protective Class III.

(2) Mandates and Floors. The Clean Air Act mandated that certain Class I areas can not be downgraded to Class II or Class III and included the following areas that were in existence on August 7, 1977: national parks exceeding 6,000 acres; national wilderness areas exceeding 5,000 acres; national memorial parks exceeding 5,000 acres; and international parks. The 1990 Clean Air Act Amendments clarified that Class I and Class II "floor" area boundaries are to conform to boundary changes in the underlying park or wilderness area. Class II "floor" areas include national wildlife refuges and wilderness areas in excess of 10,000 acres.

(3) Service Areas. There are 158 mandatory Class I areas and the Service is responsible for managing air quality in 21 of these areas, totalling 2.3 million acres (all are wilderness areas, Exhibit 1). All other Service areas are classified Class II, including wilderness areas less than 5,000 acres in size, and wilderness areas coming into the Service system after August 7, 1977.

B. Federal Land Manager (FLM).

(1) Role. The Clean Air Act, in Section 165(d)(2)(B), mandated the FLM and the Federal official (e.g., the field station manager) charged with direct responsibility for management of Class I areas "an affirmative responsibility to protect all those air quality related values (including visibility) of such lands...". These AQRVs may include visibility, odor, flora, fauna, soil, water, and geological, archeological, historical, and other cultural resources.

(2) Delegation. By delegation of authority from the Secretary of the Interior, the Assistant Secretary for Fish and Wildlife and Parks is the FLM for areas under the jurisdiction of the Service.

(3) Guidance. The FLM has stated (2.4D) that air pollution effects on resources in Class I areas constitute an unacceptable adverse impact if such effects:

(a) Diminish the national significance of the area;

(b) Impair the structure and functioning of ecosystems; and/or

(c) Impair the quality of visitor experience.

C. Preconstruction Permit Applications.

(1) Requirement. Preconstruction permits are required for "major" new stationary air pollution emitting sources (or modifications to existing sources) [40 CFR 52.21]. Generally, the permitting authority should notify the FLM of all major facilities proposing to locate within 100 km (62 miles) of a Class I area. In addition, the permitting authority should notify the FLM of very large sources proposing to locate at distances greater than 100 km (62 miles).

(2) Analyses.

(a) Best Available Control Technology (BACT) Analysis. Any facility seeking a PSD permit in an area in compliance with NAAQS (Class I,II, or III) must: perform a BACT analysis for each pollutant under regulation. The permit applicant must perform a case-by-case BACT analysis considering environmental, energy, and economic impacts for each regulated pollutant emitted in significant amounts. Given the special protection Class I areas are afforded under the Clean Air Act, the FLM believes that the need to minimize potential impacts on the Class I area should be a major consideration in the BACT determination for a project proposed near such an area. Additional costs to minimize impacts may be warranted, even though such costs may be considered economically unjustified under other circumstances.

(b) Air Quality Analysis. A PSD applicant must perform an air quality analysis to ensure that the predicted pollutant levels do not exceed ambient air quality standards and PSD increments (allowable increases in pollutants). Because proposed sources are not yet operating, the air quality analysis must rely on mathematical dispersion models to estimate the impact of the proposed emissions, using EPA-approved models and an approved meteorological data base.

(c) Air Quality Related Values (AQRV) Analysis. A PSD applicant must perform an AQRV analysis to ensure that the Class I area values (i.e., visibility, flora, fauna, etc.) are not adversely affected by the total pollutant concentration they will experience, as a result of emissions from the proposed source, any recently permitted (but not yet operating) sources in the area, and existing sources. The AQRV analysis must include a cumulative air quality analysis in which the proposed source and any recently permitted (but not operating) sources in the area are modeled. This total modeled concentration is then added to measured ambient levels in order to assess the effect of the anticipated ambient concentrations on AQRVs. The FLM's assessment of potential effects on AQRVs considers the sensitivities of specific AQRVs found in a Class I area and the existing air pollution effects on these resources.

(3) Monitoring Data. A PSD application must contain representative ambient air quality monitoring data. In general, at least one year of data is required. In addition to preconstruction ambient monitoring, in certain instances, permit applicants may have to conduct pre- or post-construction visibility or biological effects monitoring or studies.

2.7 Procedures for Review of Prevention of Significant Deterioration (PSD) Permit Applications.

A. Receipt. The Clean Air Act requires the EPA or delegated state authority to notify the responsible FLM of any permit application it receives that may affect a Class I area. If a Service Class I area is involved, the application is sent to the Chief, AQB, and notice provided to the Service regional director and the field station manager. Upon receipt of the application, the Chief forwards it to the Chief, Policy, Planning and Permit Review Branch (PPPRB), NPS-AQD (see 2.5B). The Chief, PPPRB, logs it into the PSD database, which tracks actions and correspondence concerning the application review, and assigns staff to conduct the review.

B. Consultation and Coordination. Prior to the drafting of a PSD permit application, AQB may provide the applicant with guidance on the analyses to be included in the application. After an initial review of the completed permit application, AQB advises the permitting authority as to the completeness of the application. When the application is complete, the permitting authority issues a draft permit. The permitting authority must at this time issue a public notice, along with a preliminary determination as to whether the permit should be issued or denied. This notice starts a public comment period which generally lasts 30 days.

C. Considerations. AQB review of a PSD permit application includes:

(1) Verification of data and analysis in the permit application on the composition and amount of the emission.

(2) Review of the pollution control technology to be employed and determination of whether it is the "best available" as required by the Clean Air Act.

(3) Review of model predictions of pollutant transport to and concentrations in the Class I area. Such mathematical models consider local meteorological conditions, actual emissions and proposed emissions.

(4) Identification of sensitive, dominant, bioindicator, rare, threatened, and endangered species in the area.

(5) Literature review for known effects on ecological resources at predicted concentrations and loadings.

(6) Determination of the potential for the source to cause a reduction in visual range or other visibility degradation.

D. Comment. The AQB, on the basis of its review, drafts a letter to the permitting authority on the permit application. The letter generally includes a review of the BACT analysis, the air quality analysis and the AQRV analysis. The letter may notify the permitting authority that a determination of "adverse impact" or "no adverse impact" must be made. The letter is forwarded to the region, along with an explanatory memo, to the RD, which describes the proposed project and summarizes the AQB review and recommendations, if any. The letter is then finalized and signed by the RD, and sent to the permitting authority within the public comment period.

2.8 Air Quality Management Plan. The Air Quality Management Plan details the procedures to meet the Service's legal responsibilities to manage air resources on Service lands. Because the Clean Air Act emphasizes protection of Class I air quality areas, the Air Quality Management Plan focuses on management of Class I areas. However, details in the plan can be applied to Class II areas as well.

A. Class I Areas.

(1) Planning Strategy. The Service will collect and analyze air quality and air quality related data in a manner that will provide the information necessary to effectively protect AQRVs in Class I areas. It is the joint responsibility of the AQB and regional and field offices to initiate and implement the following steps, detailed in the Air Quality Management Plan:

(a) Develop a comprehensive resource inventory for each of the 21 Class I wilderness areas (flora, fauna, soils, water quality, and cultural, historical, geological, and archeological resources).

(b) Perform sample collection, analysis, and interpretation in a manner that is consistent with methodology accepted by the scientific and regulatory community (EPA reference or equivalent when applicable).

(c) Develop partnerships with other agencies whose monitoring programs include atmospheric, meteorological, or biological monitoring components. The emphasis of these partnerships should include: collocation of monitoring sites, monitoring methods, analytical techniques, contractors, data storage-retrieval systems, data sharing, and analysis.

(d) Assure that data and information are available to all Service personnel and other interested parties.

(e) Use all sources of air quality and pollutant effects data and integrate these data into other Service programs designed to protect trust resources.

(f) Identify data gaps, especially impacts of atmospheric pollutants on AQRVs, and fund research/monitoring projects designed to fill these gaps.

(2) Special Studies and Monitoring. The AQB, with input from regional and field offices, is responsible for identifying special studies and monitoring data necessary to support the PSD permit review process and air quality management. Regional and field offices contact AQB for guidance in proposing and obtaining funding for projects. AQB has detailed and prioritized current project needs in the Air Quality Management Plan, and entered proposed projects into the Refuge Operating Needs database. Current and proposed projects include:

(a) The IMPROVE (Interagency Monitoring of Protected Visual Environments) Program. The Service is part of this cooperative monitoring program, along with the NPS, the Forest Service, and the Bureau of Land Management. IMPROVE was established to determine present visibility levels in federal Class I areas, identify sources of existing man-made impairment, and document long-term trends to track progress towards meeting the long-term goal of no man-made impairment of protected areas. IMPROVE instrumentation includes a modular aerosol sampler, an optical transmissometer or nephelometer (collocated with an air temperature/relative humidity sensor), and an automatic camera system. Site logistics and availability of funds restrict the operation of certain instruments at some sites.

(b) Airborne contaminants monitoring. This includes monitoring of wet and dry atmospheric deposition, surface water, sediments, soils, flora and fauna.

(c) Data and literature review. Existing sources of information on air quality and air quality effects in Class I areas are reviewed and summarized.

B. Class II Areas. The planning, research and monitoring outlined above for Class I areas can also be applied in Class II areas. Information on air quality and AQRVs of a Class II area is important for comprehensive management of these refuge resources. Although the EPA or delegated state authority is not required to notify the FLM of proposed projects that may affect Class II areas, the EPA or state is required to evaluate whether such projects may cause an exceedance of the NAAQS or PSD Class II increments in these areas. Wilderness areas that are Class II air quality areas receive additional protection from the Wilderness Act, which requires the Service to minimize the effect of human use or influence on natural ecological processes and preserve "untrammeled" natural conditions within wilderness.