58 



The credibility, integrity and success of the Commission's 

 process relies in large pert on having adequate resourcee to 

 conduct an objective assessment of the emission management options 

 under consideration. There is a concerted effort nov being made 

 by members of the Commission's Public Advisory Committee, including 

 myself, to sscure additional funding from Congress for the 

 commission. Your support of a spscial appropriation would be 

 greatly appreciated. 



EPA MUST ENSURE IMPLEMENTATION OF EXISTING VISIBILITY 

 PROTECTION REQUIREMENTS 



Although development of a regional haze program must be given 

 a high priority, EPA must also diligently implement the "Phase I" 

 visibility protsction program. The existing regulations' require 

 installation of the best available retrofit technology on major 

 stationary sources that emit any pollutant that is reasonably 

 anticipated to causs or contribute to visibility impairment in a 

 Class I area. 



In 1989, EPA ussd this authority to require a 90 percent 

 reduction in sulfur dioxide emissions at the Navajo Generating 

 Station in Page, Arizona. In response to lawsuit filed challenging 

 this regulation, tha U.S. Court of Appeals for the Ninth Circuit 

 found that EPA has the statutory authority to address that portion 

 of a visibility impairment problem which is "reasonably 

 attributable" to a specific source even if the regulation only 

 addresses a small fraction of the overall problem. The Court also 

 indicatsd that "Congress mandated an extremely low triggering 

 threshold, requiring the installment of stringent emiseion controls 

 when an individual source 'emits any air pollutant that may 

 reasonably be anticipated to cause or contribute to any impairment 

 of visibility' in a class I Federal area, cantral Kvi atone Wafcor 

 Conservation District, at si., v. EPA. 990 F.2d 1531 (9th Cir. 

 1993), cart, djanifid.. 



EPA, in cooperation with numerous other parties, has recently 

 completed a study of the Mohave Generating Station located 

 southwest of the Grand Canyon. If the data analysis supports a 

 finding that emissions from the plant contribute to visibility 

 impairment at the Grand canyon, requirements for installation of 

 the best available retrofit technology must be imposed. 



EPA must eleo ensure that statee comply with the Phase I 

 visibility program requirements and intercede if statee attempt to 

 establish criteria for addressing "reasonably attributable" 

 visibility impairment that go well beyond the Clean Air Act's 

 requirements and frustrate remedial action. For example, in July 

 1993, the U.S. Forest Service certified that there were adverse 

 impacts on visibility and aquatic resources in the Mount zirxel 

 Wilderness Area in northwestern Colorado, which appeared to be 

 reasonably attributable to the Craig and Hayden power plants. The 



