REGIONAL HAZE AND VISIBILITY ISSUES

• Jurisdiction: United States

Air Quality Challenges Facing the Natural Resources Industry in the Western United States
(Nov 2007)
CHAPTER 8D
REGIONAL HAZE AND VISIBILITY ISSUES
Paul M. Seby
McKenna Long & Aldridge
Denver, Colorado

Why Visibility Matters and How It May Effect Your Operations

• Federal/State EIS processes for energy development

-- "FLAG Guideline"

• Multiple Regulatory Forums

-- "reasonable progress" measures for existing sources

-- BART for existing sources

-- PSD permitting

-- area of minor source permitting

• A statutory program that has been heavily shaped by the U.S. Court of Appeals for the D.C. District

[Page 8D-2]

The Clean Air Act's Visibility Protection Program

• CAA § 169A(a)(1) established a "national goal" for 156 Class I Areas.

• CAA § 169A also carefully prescribes roles for both EPA and the states.

-- EPA to provide guidance to the states regarding methods of measuring, modeling, and addressing visibility impairment.

-- EPA directed to issue regulations requiring SIPs to contain "emission limits, schedules of compliance and other measures as may be necessary to make reasonable progress toward meeting the national goal..." Such regulations must provide for state adoption of a "long-term strategy (ten to fifteen years) for making reasonable progress toward meeting the national goal."

• Congress made the judgment that states can best determine for themselves the proper balance between...