# Exhibit 12Il-45-i995 2,37at.1 FROi.1

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JOHN K. VAt{ DE KFr}{p, Attorney General. of the State of California ANDREASHERIDA}I ORDTN Chief Assistant Attorney General THEODORABERGER Assistant Attorney General CRAIG C. THOI.'PSON EDWARDG. WETL CLIFFORDRECH?SCHAFF€ N Deputy Attorneys General 21ol webster Street Oakland, CA 94612 Telephone: (415) 464-0572 

# FILED SUPERTOR CCURT SAfITA 8r'l"FrlilA 

## DEC 0

31990 xE}c{Erh APilir;,ouuf:/ ctsil'FrcoErf

PLE OFTHE S?ATE I. JOHN K. VAIITDE neral of the State Plaintiffs,

v. A MARIACHILI, rNc.Defendant1. I amcurrently Environruental protection (hereafter the "Region', COUNTYOP SHITA BARBARA oF CALIFORNfAex. ) No. SM64010 KAHP, Attorney

of California, ) (Case transferred to ) South County, Z/26/eol DECI.ERATTON OF JOEN C. 

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DATE: Dec. 14, 1990 TIME: 9:oo a.m, Dept: To BeAssigned 

### ey: { yol.; (ls* uu$*aneriootns. oc|fu crn'Frcort

Attorneyg for the peopte of the state of carifornia SUPERIOR COTIRTOF THE STATE OF CALTFORNIA

T, John C. Vinont, declare: enployed by the United States Agency (hereatter ilEpArr),Region IX or rrRegionalOfficer') as the Regional Heteorologist. I have beenernployedin this posltion since June 1987.

a. Asthe Regional l{eteorologist f serve as the Regionrs expert on air guality nrodeling, neteorological information andanbient air irnpact analyses. Myposition is1 2 3 4 5 6 7 I 9 1 0 1 1 L 2 1 3 1 4 1 5 1 6 T 7 1 8 1 9 2 0 2 L 2 2 2 3 2 4 2 5 2 6 2 7 1 1-A5-rS95 2,3BAr.r FROr"l

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within the Air andToxics Division of the Regional Office. f provide support to that dlvlslon; to the other divisions witnin the Region, such as the Haeardouswaste 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 usedby this and other ageneies whenconducting anrbient air quality irrpact analyses. b. There are avariety 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 andtheir surroundings studied in a conLrolled environment, Euch as a wind tunnelt statisticar modeLs, which encompagsstatisticalJ.y based descriptions of source-receptor relationships; and mathematical nodels, which are mathehatical representations of the physical processes which lead to transport anddispersion 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 downwashinduced by nearby buildings; stationary sources htlth emLssions emanating f,roma broad area, coruoonlycalled area sgurces; mobile sources, emissions from autonobiles, trucks, busses, al.rcraft, etc.; and urban and regional scale roodeling, which enconpasses modeling aI).1 2 3 4 5 6 7 I 9 1 0 1,1 t 2 1 3 1 4 1 5 1 6 T 7 1 8 1 9 2 0 2 L 2 2 2 3 2 4 2 5 2 6 2 7 t 1-45-1995 2,38At'1

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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. Thepollutants modeled include both inert pollutants, those which renain cheurically stable for long periods of tine in the atnosphere, andchemicarry reactive pollutants, those which undergo relatively rapid chemlcal transformation and t'hosewhich are not directry enitted, but rather forrn through a series of chemical reactions withln the atnosphere. 2. Previous to rnyernployrnentat EpA, I worked from Marcir 1982 to June 1987 as an Environrnental Engineering Specialist in the Air Quality Bureau of the State of NewMexico. Myprimary responsibillties there hterevery siurilar to rnycurrent 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 wason inert pollutants from stationary sources. a- promAugust 1978to March 1982 r worked for the Atnospheric science Departnent at Colorado State University (csu) as a ResearchAssistant. r vorked on avarlety 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 NovernberLg77to August LgTg r worked as a Physlcar science Aide for the pacj.fic Marine Environrnentar Laboratory of the National oceanographic andAtrnospheric Adninistration. My duties there involved writing a1 2 3 4 5 6 7 8 9 t 0 1 1 L 2 

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climatological suEaar)rof 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. Asthe 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, supplementA, July tggz) (hereafter the 'rcuidelinen). The Guideline wasfirst published in April 19?B to satisfy the requirenents of g32Oof the 1977aruendrnents to the Cl-eanAir Act. The Guideline specifies appropriate modele to use and provides guidance on their appropriate apptication. The Guideline provides a commonbasis for estinating the air quarity concentrations used in assessing control strategies and developing emission linits. The nodeling technigr:es ernbodiedin the Guideline are subjected to public, scientific revierr in aeeordanee with 5320of the CAA. a, EPAhas 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,1 l-45-1995 2,39At'1 FROi'1 P 5

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### 25 26 27 is the cooPerative agreenent that EPAhas 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, 19BoFeder4l..Register, a procedure was outlined for the subnittal to EpAof privately developed models. After extensive evaluation andscientifj.c review, these models, aswell 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 nodellng. b. Fromthe aforementioned process a numberof models

vere selected as being refined ruodels, suitable for regulatory application. Eachrefined urodeLunde:rrent intensive evaluation. Theevaluation exercises include statistical measuresof 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"rsthe 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 fSCnodels consist of a short tetm1 2 3 { 5 6 7 I 9 1 0 1 1 L 2 1 3 1tl 1 5 1 6 L 7 1 8 1 9 2 0 2 L 2 2 2 3 2 4 ? 5 2 6 2 7 I l-45-1995 2,dAAr.{ FROtl

EodeL (rscsr) and a long tern nodel (rscLT). r,ongteln 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 ayear. (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. Thesewould,inctude ernissions from rree standing stac)<sand vents; stacks andvents which are infruenced by the aerodynarnic effects of nearby structures; enissions fron area sourcee, such as storage piles or evaporative emissions frornopen tanlcr; line sources, such as roaduays; and volume souree,s, such as rarge openings in buildings from which enissions emanate. Thenoder 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 rnoderwill ealcurate the anbient concentrations at a numberof 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, P.61 2 3 4 5 5 7 8 9 1 0 1 1 L2 1 3 14 1 5 1 5 L 7 1 8 1.9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 1 l-o5-1995 2'.14At.1 trRot.l

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., andA, 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 sF5Tracer 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 EPAapprovedI 2 3 4 5 6 7 8 9 1 0 1 l L 2 1 3 1 4 1 5 1 5 L 7 1 8 19 2 0 2 L 2 Z 2 3 2 4 2 5 2 6 2 7 1 1-45-1995 2,.19Ar.1 FROtl

models, the ISC nodel is the mostwidely 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 EPAgiuidelines. EPAconsiders it appropriate for use without undergoing case by case perforruance evaluation. 6. WhenEPA has a refined nodeLappropriate for a specific type of applicati,on, suehas the ISCnodel, 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 andexisting sources. Nornrally, EPA does not accept aonitoring data as the sole basis for deternining

an emission liroitation. Whena 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 rnonitsoris physically located andat the tine it is operating. In order to adequately detect the naxinun inpact of any particular source, manynonitors would have to be run gver a nurnberof years. A monitoring progran designed to adeguately detect a naximumconcentratlon and to adequately characterize the concentration field would bevery expensive. A nurnberof years P.a

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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 hunanhealth 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

newsource being proposed, it is inpossible to measure its impacts, since it is not yet builtc. Thernethodof 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 specificP.9

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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 atronltor is physically located. Also, iD air quality uodel provldes the only practical nethod of estirnating the anbient lnpacts of a newsource. 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 meaEureDentof 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 unknownsource 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 nurnberof 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 and11-05-1995 2 42AM FROM P. 11



### 1 dispersion ofbuoyant orneutral plumes of gaseouspollutants, 2 which are relatively inert inthe atmosphere, isthe same, 3 regardless of the specific chemical constituents ofthe gas. 4 Therefore, modelingprovides a useful technique for detecting 5 levels ofpollutants inthe air ifreliable ambientmeasurement 6 techniques are not available. 7 

### f. EPA does recognize the usefulness of ambient 8 measurements for informationonbackground concentrations, 9 provided reliablemonitoring techniques are available. EPA does 10 not recommend, however, that ambientmeasurements be used as the 11 sole basis of setting emission limitations ordeterminingthe 12 ambient concentrations resulting from emissions from an 13 industrial source. These shouldbe based on an appropriate 14 modeling analysis. 15 I declare underpenalty ofperjury that the foregoing is 16 true and correct. 17 DATED:

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