Exhibit 12
I l-45-i995 2,37at.1 FROi.1

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A,,A,fl,:r 7 i , t I r ' -! | t /

r\.-,,. l;lJ \/ v/'v/Lf lJ

JOHN K. VAt{ DE KFr}{p, Attorney General.

of the State of California

ANDREA SHERIDA}I ORDTN

Chief Assistant Attorney General

THEODORA BERGER

Assistant Attorney General

CRAIG C. THOI.'PSON

EDWARD G. WETL

CLI FFORD RECH?SCHAFF€N

Deputy Attorneys General

21ol webster Street

Oakland, CA 94612

Telephone: (415) 464-0572

FILED

SUPERTOR CCURT

SAfITA 8r'l"FrlilA

DEC 03 1990

xE}c{Erh A Pil ir ;, ouuf:/ ctsil'FrcoErf

PLE OF THE S?ATE

I. JOHN K. VAIIT DE

neral of the State

Plaintiffs,

v.

A MARIA CHILI, rNc.

Defendant1. I am currently

Environruental protection

(hereafter the "Region',

COUNTY OP SHITA BARBARA

oF CALIFORNfA ex. ) No. SM 64010

KAHP, Attorney

of California, ) (Case transferred to

) South County, Z/26/eol

DECI.ERATTON OF JOEN C.

vruo!|:l

DATE: Dec. 14, 1990

TIME: 9:oo a.m,

Dept: To Be Assigned

ey: { yol.; (ls*

u u$*ane riootns. oc|fu crn'Frcort

Attorneyg for the peopte of the state of carifornia

SUPERIOR COTIRT OF THE STATE OF CALTFORNIA

T, John C. Vinont, declare:

enployed by the United States

Agency (hereatter ilEpArr), Region IX

or rrRegional Officer') as the Regional

Heteorologist. I have been ernployed in this posltion since June

1987.

a. As the Regional l{eteorologist f serve as the

Regionrs expert on air guality nrodeling, neteorological

information and anbient air irnpact analyses. My position is
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)

within the Air and Toxics Division of the Regional Office. f

provide support to that dlvlslon; to the other divisions witnin

the Region, such as the Haeardous waste oivision; and to state

and locar agencies vithin Region rX. one of the prinary duties

of ny position is to ensure that appropriate air quality rnodeling

techniqres are used by this and other ageneies when conducting

anrbient air quality irrpact analyses.

b. There are a variety of ,'air guality models.il

These include conceptual nrodels, qualitative descriptions of the

behavior of pollutants in tne atrnosphere; physical rnodels, scaled

nodels of pollution sources and their surroundings studied in a

conLrolled environment, Euch as a wind tunnelt statisticar

modeLs, which encompags statisticalJ.y based descriptions of

source-receptor relationships; and mathematical nodels, which are

mathehatical representations of the physical processes which lead

to transport and dispersion of pollutants in the atmosphere. The

focus of tbe remaining dlscussion is on mathematical. rrodelsi

hereafter any reference to an air guarity rrodel is inpricitly

meant to refer to a mathematical air guality nodeI.

c. f perform, review and oversee air quality nodeling

for a variety of different sources and source types. These

include stationary aources with enissions emanating fron a stack,

including st,ack sources with aerodynanlc downwash induced by

nearby buildings; stationary sources htlth emLssions emanating

f,rom a broad area, coruoonly called area sgurces; mobile sources,

emissions from autonobiles, trucks, busses, al.rcraft, etc.; and

urban and regional scale roodeling, which enconpasses modeling aI).
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of the above processes together on the scare of an entlre urban

area or over a number of urban areas together.

d. The pollutants modeled include both inert

pollutants, those which renain cheurically stable for long periods

of tine in the atnosphere, and chemicarry reactive pollutants,

those which undergo relatively rapid chemlcal transformation and

t'hose which are not directry enitted, but rather forrn through a

series of chemical reactions withln the atnosphere.

2. Previous to rny ernployrnent at EpA, I worked from Marcir

1982 to June 1987 as an Environrnental Engineering Specialist in

the Air Quality Bureau of the State of New Mexico. My primary

responsibillties there htere very siurilar to rny current position

at EPA. f performed, anbient inrpact analyses of various air

porlution sources and conducted engineering analyses of the

sources to deternine ernission characteristics. The prinary focus

of the analyses was on inert pollutants from stationary sources.

a- prom August 1978 to March 1982 r worked for the

Atnospheric science Departnent at Colorado State University (csu)

as a Research Assistant. r vorked on a varlety of baeic

scientific researc.h projects dealing with croud physics. My

prirrary area of research dealt with the uptake of acidic

pollutants in snow,

b- Fron Novernber Lg77 to August LgTg r worked as a

Physlcar science Aide for the pacj.fic Marine Environrnentar

Laboratory of the National oceanographic and Atrnospheric

Adninistration. My duties there involved writing a
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climatological suEaar)r of h.rget Sound and analyzing the affects

of r.rlnds on o11 spill transport in hrget Sound.

3. I received a Bachelor of Science Degree ln Atnospheric

sciences fron the university of waEhington 1n 1978 and a Haster

of Science Degree in Atnospheric Science froro Colorado State

University.

4. As the Regional Meteorologiet, I routlnely evaluate the

adequacy of air cruality nodering on a technical basis and with

respect to its acceptability in the reguLatory fraroework.

Acceptable air quality rnodeling and analysis procedures are

outlined in The Guideline on Alr ouatitv Hodels (Revised) (EPA

450/2-78-027R, July 1986, supplement A, July tggz) (hereafter the

'rcuidelinen). The Guideline was first published in April 19?B to

satisfy the requirenents of g32O of the 1977 aruendrnents to the

Cl-ean Air Act. The Guideline specifies appropriate modele to use

and provides guidance on their appropriate apptication. The

Guideline provides a common basis for estinating the air quarity

concentrations used in assessing control strategies and

developing emission linits. The nodeling technigr:es ernbodied in

the Guideline are subjected to public, scientific revierr in

aeeordanee with 5320 of the CAA.

a, EPA has four prinary, on-going activities to

provide direct input for consistency in inplementation and for

revisions to the Guideline. The first is a series of annual EPA

workshops conducted for the purpose of ensuring consistency and

providing clarification in the applicatlon of nodels. The second

activity, directed toward the inprovenent of nodeling procedures,
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is the cooPerative agreenent that EPA has vlth the scj.entlfic

co-'r'runity represented by the Anerican Heteorological Society.

This agreement provides scientific assessDent of procedures and

proposed techniques and EPonsors workshops on key technical

iseues. The third activity is the solicitation and reviev of new

models fron the technical and user connunity. In the lilarch 27,

19Bo Feder4l..Register, a procedure was outlined for the subnittal

to EpA of privately developed models. After extensive evaluation

and scientifj.c review, these models, as well as those made

available by EPA, are considered for recognltlon ln the

Guideline. The fourth activity is the extensive, on-going

research efforts by EPA and others in air quality and

meteoroloqrical nodel lng.

b. From the aforementioned process a number of models

vere selected as being refined ruodels, suitable for regulatory

application. Each refined urodeL unde:rrent intensive evaluation.

The evaluation exercises include statistical measures of model

perfomance in conrparison with Deasured air quality data and,

where possible, peer scientific reviews.

c. After a model has been selected as a refined nodel

for a partieular €ype of apPlication, EPA considers the model

appropriate for general use for that type of application without

undergoinlt case-by-case evaluatlon, provided that the application

fol.Ior"rs the EPA reeonnendations specified in the Cuideline.

5. The fndustrial Source Conplex models (hereafter ISC) '

have been deened refined rnodels by EPA for application to

industrial complexes. The fSC nodels consist of a short tetm
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EodeL (rscsr) and a long tern nodel (rscLT). r,ong teln rnoders,

such as rsclT, are only appropriate for sarcul.ating anblent

concentrations for averaging periods of months to a year. short

term urodels, such as rscsT, can be used for averaging tines fron

one hour up to a year. (Hereafter my connents referring to rsc

apply to both fScST and fSCLT, unless othelrrise speclfied- ) I'he

rse model is appropriate for sinulating the emisslons of a

variety of industriaL air enissions. These would, inctude

ernissions from rree standing stac)<s and vents; stacks and vents

which are infruenced by the aerodynarnic effects of nearby

structures; enissions fron area sourcee, such as storage piles or

evaporative emissions frorn open tanlcr; line sources, such as

roaduays; and volume souree,s, such as rarge openings in buildings

from which enissions emanate. The noder is approprlate for

siruulating the anbient inpacts of relativery inert pollutants,

such as ethyrene oxide, vhich do not undergo rapid chemical

transfonratlon in the atnosphere. ?he rnoder will ealcurate the

anbient concentrations at a number of user-specified rrreceptor',

locations.

a- For simulating a stack-type 6ource, rsc requires

tbe input of the location, emission rate, physical stack height,

stack gas exit verocity, stack inside diameter, and stack gas

temperature. rf the source l"s affected by the aerodynanic

effects of buildings then inputs would alao lnclude information

about the building dinensions.

b. The ISC nodel also requires meteorological data as

input- These data include the wind speed, wind direclion,

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tenperatrrre, stablllty class and nixing height. The

meteorological data nust be representative of the geographic area

being modeled to be accepted for a refined regulatory

application.

c. The fSC nodel has gone through a nunber of

perfotrorance evaluation studieE, as outlined above. The following

are several references of evaluation studies invoLving fSC:

(1) Bowers, J, F., and A, J. Anderson, 1991. A n

Evaluation Study for the Industrial Source Conplex (fSC)

Disperslon ltodel, EPA PubLication No. EPA-AiO/{-81.-002. U. S.

Environmental Protection Agency, Research Triangle Park, .Nc.

(2, Bowers, J. F.; A. J. Anderson, and W. R .

Hargraves, 1982. Tests of the fndustrial Source Conplex (ISC)

Dispersion Model at the Armco Hiddle-town, Ohio Steel UiIL, EpA

Publication No, EPA-450/4-82-006. U. S. Envj.ronmental Protection

Agency, Research Triangle Park, NC.

(3) Seire, J. S., and L. L. Schulman, 1981.

Evaluation of the BLP and rsc Models with sF5 Tracer Data and soz

Measurements at Aluninum Reduction Plants. Air Pollution Control

Association Specia,Ity Conferenee on Dispersion Modeling for

Complex Sources, St. LouiE, MO.

(4) Schulman, L. L. and S. R. Hanna, 1986.

Evaluation of Downwash Modifications to the Industrial Source

CompLex Model. Journal of the Air Pollution Control Association,

36:258-264 .

d. fn uy experlence of conductlng and reviening air

quality modeling analyses, I have found that of the EPA approved
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models, the ISC nodel is the most widely used nodel for

determining the aubient concentrations of emissions from

industrlal sources. This is prinarily due to its abillty to

simulate alnost any t)T)e of lndustrial conflgnrratl.on and its

status aa a refined model under EPA giuidelines. EPA considers it

appropriate for use without undergoing case by case perforruance

evaluation.

6. When EPA has a refined nodeL appropriate for a specific

type of applicati,on, sueh as the ISC nodel, the nodeling results,

based on the appropriate input data, are generally preferred by

EPA over ambient rnonitoring data for detenuinl-ng emission

lirnitations for both new and existing sources. Nornrally, EPA

does not accept aonitoring data as the sole basis for deternining

an emission liroitation. When a refined nodel is available, EPA

generally considers the nodel results alone (including background

concentrations) sufficient for deteraining anbient concentrations

of enissions from industrial sources and setting appropriate

emission Lirnitations.

a. Monitoring data suffers frora a nunber of

limitations. One of the prinary linitations is that any given

nonitor can only neasure what is happening at the location where

the rnonitsor is physically located and at the tine it is

operating. In order to adequately detect the naxinun inpact of

any particular source, many nonitors would have to be run gver a

nurnber of years. A monitoring progran designed to adeguately

detect a naximum concentratlon and to adequately characterize the

concentration field would be very expensive. A nurnber of years

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of data qrould be necessar-y to collect enough sanples to cover aII

possible rneteorological situations in conbination vlth the

different operating conditions of the facility. A monLtoring

progran slth only one or tso monitors or of a ve!')t short duration

would be inadequate to e,nsure that naximun anbient inpacts would

be detected.

b, The usual intent of conducting an arabient inpact

analysis of an air pollution source is to deteraine if the

emissions are likely to affect hunan health or affect the

environrnent. The arnbient coneentrations are compared against

health or environmental affects data. Rather than helping to

resolve a problem, a prolonged ambient monitoring study allons

continued air guatity degradation, which in turn affects the

health or environrnental guality which vas to be protected. For a

new source being proposed, it is inpossible to measure its

impacts, since it is not yet builtc. The rnethod of analysis preferred by EPA for

determining the ambient concentrations resultlng from emissions

into the atmosphere of industrial sources, including toxic air

emissions, is ruodeling. As discussed above, before EPA

determines a model', such as ISC, to be a refined model,

appropriate for general use. the rnodel undergoes rigorous

evaluation and is determined to yield accurate estimates of the

ambient air concentratlonE resulting fron emission sources under

a variety of eonditione. With a model, the Bource can be

simulated under the full range of its potential operating and

eruission conditions, rather than being linited to the specific

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operating conditions occurring durlng the period of a linitea

nonitorlng study. Tlre uodel can also yleLd anbient concentration

data at any nunber of receptor loeationsr'rather than only at the

linited nunber of locations where a tronltor is physically

located. Also, iD air quality uodel provldes the only practical

nethod of estirnating the anbient lnpacts of a new source. A

model provides flexibility in an analysis and ean be :ltn

relatively quickly, at relativety little expense.

d. Modeling also allops source contributions to a

particular anbient concentration to be ascertained- If two

sources each eroit tbe sane pollutant, it is impossible to tell

from an anbl,ent meaEureDent of the specific pollutant, the

relative contributions to the measured arnbient concentration,

unless there is sone unigue surrogiate being ernitted fron one of

the facilities. Also, there is the uncertainty of whether a

heretofore unknown source of the pollutant of concern has

contributed to the measurernent. Hodeling, allows the impact of

each source to be calculated separately and in combination.

e. The use of rnonitoring data also Pre-suPposes that

there are acceptable and reliable nronitoring techniques available

for the pollutant^of interest. fn the past, this has generally

been the case. EPA has established acceptable and reliable

methods of rneasuring a nurnber of pollutants whtcn were regulated

under the Clean Air Act. Recently, howcver, the issue of toxic

air contarninants has arisen. Ambient heasurement techniques,

which can adeguately and accurately detect a speciflc toxic air

contarninant, are not necessarily available. The transport and
11-05-1995 2 42AM FROM P. 11 

1 dispersion of buoyant or neutral plumes of gaseous pollutants, 

2 which are relatively inert in the atmosphere, is the same, 

3 regardless of the specific chemical constituents of the gas. 

4 Therefore, modeling provides a useful technique for detecting 

5 levels of pollutants in the air if reliable ambient measurement 

6 techniques are not available. 

7 f. EPA does recognize the usefulness of ambient 

8 measurements for information on background concentrations, 

9 provided reliable monitoring techniques are available. EPA does 

10 not recommend, however, that ambient measurements be used as the 

11 sole basis of setting emission limitations or determining the 

12 ambient concentrations resulting from emissions from an 

13 industrial source. These should be based on an appropriate 

14 modeling analysis. 

15 I declare under penalty of perjury that the foregoing is 

16 true and correct. 

17 DATED: #o ..JO /f90 ./ 

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