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And that's despite the fact that 1) virtually
none of the pollution in the Grand Canyon comes from
Nevada, and 2) most of the park's haze comes from natural
sources -- the largest being light bouncing off air
molecules.
So where did such a law come from? Whose idea
was this plan, which state environment officials say
could have a large and negative effect on the state
economy?
It's not being discussed loudly by those same
state officials, but the lead author of the key
provisions was the most powerful man in Nevada politics
-- U.S. Senator Harry Reid.
According to research done by Electric Nevada,
Sen. Reid first announced his idea January 29, 1990 on
the floor of the U.S. Senate, during the debates on
amendments to the federal Clean Air Act.
Citing a poll where 74% of Americans said they
agreed that "protecting the environment is so
important that requirements and standards cannot be too
high, and continuing environmental improvements must be
made regardless of the costs," Nevada's powerful
senior senator said "there needs to be something in
this legislation to address the visibility issue" at
the Grand Canyon park.
Reid told the Senate floor he had spoken about
his desire to Senator Max Baucus (D-Montana), chairman of
the Senate committee in charge of Clean Air Act
amendments, and that while "I certainly recognize
that many people have problems with the legislation, we
also have to recognize how the American people
feel."
Five weeks later, on March 7, 1990, Reid
announced he would offer his own amendments. Two weeks
after that, on March 20, Reid appeared on the senate
floor, inquiring about an "amendment to be offered
by Senator [Brock] Adams [D-WA], and myself..." The
next day the amendment was formally offered and passed,
as section 169 of the Clean Air Act, authorizing the
federal Environmental Protection Agency to establish a
Grand Canyon Visibility Transport Commission.
"Congress hereby declares as a national
goal," announced the amendment, "the prevention
of any future, and the remedying of existing, impairment
of visibility in mandatory class I Federal areas which
impairment results from manmade air pollution."
Paragraph A of section 169 explicitly directed
the eventual commission to consider "the
establishment of clean air corridors, in which additional
restrictions on increases in emissions may be appropriate
to protect visibility in affected class I areas," a
list of 16 federal parks.
Paragraph B of section 169 directed the
commission to consider "the imposition of"
existing federal "pollution reduction measures"
to "the construction of new major stationary sources
or major modifications to existing sources in .. clean
air corridors..."
Together the two provisions established a
process where new federal controls on Nevada businesses
-- even under scenarios like now, when local emissions do
not violate existing standards -- become possible. That
process is the Grand Canyon Visibility Transport
Commission, which is charged with Top
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 making recommendations regarding regulations to
the EPA.
As a briefing paper published last year by the
commission said, "Congress specifically directed the
Commission to consider applying Part D requirements
[i.e., controls] to areas supplying clear days [to the
parks]."
Lew Dodgion, administrator of the Nevada
Division of Environmental Protection, says some of the
recommendations emerging from the Transport Commission's
public advisory committee already could have a big
negative effect on the Nevada economy, while other
recommendations "don't focus on the problem."
"We need to focus on the area where the
problem is and that's Arizona, California and
Mexico," he said.
But another source inside the state
environmental division was even more emphatic.
"It's frightening to see what's gone on
here," he said, adding that though the EPA was
charged under Senator Reid's original amendment with
establishing a visibility transport commission to look at
Grand Canyon visibility, the EPA, on its own, expanded
the whole area of study -- and thus, of commission
recommendations and potential new EPA control -- to the
entire Colorado plateau east of Nevada and visibility in
15 other federal parks there.
Thus, with prevailing west-to-east winds, haze
in Colorado parks could also provide EPA justification
for imposing Los Angeles-type pollution controls on
Nevada manufacturing, mining, agricultural and
construction operations.
He said Senator Reid, along with other
senators, had protested the expansion of the jurisdiction
of the transport commission. But he noted that the
senators had sent their protest, not to the head of the
EPA, which in defining the Transport Region decided which
states would make up the commission, but to Arizona
Governor Fife Symington, eventual chairman of the
resulting commission -- and a Republican.
Electric Nevada procured a copy of the letter
this week, and discovered it was dated May 4, 1992 --
only four days before the commission's very first draft
work plan was scheduled to be considered.
"We are writing to express our concern
that this Draft Plan goes far beyond the statutory
provisions of Section 169 B, and its adoption would be
inconsistent with Congressional intent in establishing
the Commission," said the letter.
"At no time was it envisioned that the
jurisdiction of your Commission should be expanded beyond
the Grand Canyon to include the 'Golden Circle' of Class
I areas on the Colorado Plateau."
In actual fact, however, the original federal
legislation does specifically say that "A Visibility
Transport Commission shall address" protecting
visibility in Class I areas.
Electric Nevada contacted Senator Reid's
office, seeking his answer to this and other questions,
but only received a stock reply, thanking us for our
"input."
Also signing the letter to Arizona Governor
Symington were Senators Richard Bryan of Nevada, Malcolm
Wallop and Alan Simpson of Wyoming, Pete Deomenici of New
Mexico, Dennis De Concini of Arizona, and Orrin Hatch and
Jake Garn of Utah.
Under the Clean Air Act provisions, the Grand
Canyon Visibility Transport Commission is composed of the
governors of the states in the transport region (defined
by the EPA as Arizona, California, Colorado, Idaho,
Nevada, New Mexico, Oregon, Utah and Wyoming),
administrators of five Federal agencies (EPA, National
Park Service, U.S. Fish and Wildlife Service, U.S. Forest
Service, and the U.S. Bureau of Land Management), and
administrators of five Indian tribes.
Under the ground rules, the five federal
agencies and one of the tribes were only to contribute
expertise to the deliberations and were denied voting
authority on commission decisions. But all the governors,
Federal and tribal administrators on the commission were
to each nominate five individuals for the commission's
Public Advisory Committee. The resulting committee, of
over 100 members, will make its formal recommendation to
the commission in May. Deadline for public comment to the
committee is April 24.
Electric Nevada's source in the state
environmental division says that the Federal appointees
to the commission's public advisory committee have formed
a "rump group" and have begun campaigning
against the consensus air visibility and pollution
standards largely settled upon by the committee majority.
"There's a document out, being faxed
around, saying we haven't gone far enough, and 'look at
all this good we can do', and 'it's a great chance,"
he said.
While the Federal-government members of the
commission are denied any voting authority on the
commission's final recommendations, the source said, the
Federal commissioners are still trying to influence the
transport visibility commission's eventual
recommendations. It's being done, he indicated, by the
the Federal commissioners's appointees to the advisory
committee.
"They're trying to influence the
recommendations of the committee, figuring that the
commission will probably accept the committee's
positions," the source said.
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