Federal air rule alarms regulators

If OK'd, it could reverse progress at national parks

By Jerd Smith, Rocky Mountain News

Published November 20, 2008 at 12:05 a.m.

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A three-year effort to improve air quality at Rocky Mountain National Park could suffer a setback if a proposed federal rule is finalized this year, regulators in the state said Wednesday.

The rule, which would allow power plants and other large polluters to locate closer to national parks, is advocated by the Environmental Protection Agency.

But it has drawn widespread criticism from regional EPA administrators, including Carol Rushin in Denver, as well as state health officials. Rushin could not be reached for comment Wednesday.

News that the rule's passage is imminent, as reported in the Washington Post on Wednesday, caused alarm among environmentalists and air quality regulators.

"The alpine lakes, forests and vistas at Rocky Mountain National Park are already suffering from too much air pollution," said Vicki Patton, deputy general counsel for the Environmental Defense Fund. "We need to be working together to strengthen clean air protections for Colorado's crown jewel instead of being hit with this eleventh-hour loophole from the outgoing administration."

Jonathan Shradar, an EPA spokesman in Washington, D.C., said it isn't clear the rule will be finalized by the time the Obama administration takes office.

"All of this is in process and everyone's comments are still part of the decision-making process. A lot would have to be done to finish this before the end of the Bush administration," Shradar said.

Still, the proposal has air quality officials worried.

Could undercut work

Paul Tourangeau, director of the air pollution division at the Colorado Department of Public Health and Environment, said the rule could undermine years of work to persuade power companies and other large polluters that share Rocky Mountain National Park's air space to voluntarily cut emissions.

Another effort, a regional haze plan designed to protect the park's famous skyline, has also reduced emissions, Tourangeau said.

But the new rule could undercut that work by creating additional pollutants in the air space around Rocky Mountain and other national parks, including Mesa Verde. Both parks have struggled with haze and other air quality problems.

"The rule could create some conflict with the proactive work that the air quality control commission is pursuing to improve air quality and visibility," Tourangeau said.

The rule involves protections for so-called pristine air sheds and governs the emission calculations used to site power plants and other facilities. Tourangeau said the state's concern is that the rule would allow those emissions to be undercalculated.

Complex calculations

"It's a very complex rule," he said. "We want it revised so it is consistent with the actions that the Air Quality Control Commission is pursuing."

At issue are nitrogen and sulfur emissions from power plants, farms and cars whose levels have soared in recent decades, harming delicate ecosystems and creating layers of haze.

In 2007, Colorado became the first state to enact a nitrogen reduction plan at a national park, hoping to protect Rocky Mountain National's hallmark ecosystems.

Carol Shiver, chief of the air resources division for the National Park Service, said the new rule would not necessarily worsen the park's nitrogen problem, but might increase sulfur-related haze if a new power plant or other major polluter is built in the area.

"We have visibility-related issues at parks around the country and there are only a few areas where we're seeing an improving trend. Having additional pollutants will make a mediocre situation worse," she said.

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