WPC 2 ZBj0HP DeskJet 500x6X@X@   @--@ӫx6X@X@<6X`(X&l P7&P;`&&l P7&P;`&&l P7&P;`&0,!PQXPH0,!`X&G\  P&P(hH  Z 6Times New Roman Regular&&l P7&P;`&2"|N   @--@    #&l P7&P#  #&l P7&P#  Effective November 17, 1993  SOUTHERN APPALACHIAN MOUNTAINS INITIATIVE \'BYLAWS ă Article I pppPreamble Research and monitoring in national parks and wilderness areas of the Southern Appalachian Mountains have documented adverse air pollution effects on visibility, streams, soils, and vegetation. Beginning in 1990, the Federal Land Managers for Shenandoah National Park, Great Smoky Mountains National Park, and James River Face Wilderness Area made several adverse impact determinations in the review of proposed air permits for major new sources. All parties acknowledge, however, that the pollution levels adversely affecting park and wilderness resources come largely from existing sources of pollution large and small, mobile and stationary, near and distant. However, the relative contribution of each source type to the regional air pollution problem is not well quantified. Although current air pollution levels in these areas typically do not exceed federal standards, the levels are threatening the natural ecosystems, resources, diversity, and beauty of the Southern Appalachian Mountains. In addition to the aesthetic values of this region, these areas are very important to the culture and economy of the surrounding states. Over the course of the next decade, the 1990 Clean Air Act Amendments (CAA) require major reductions in airborne pollutant chemicals, including sulfur oxides, nitrogen oxides, ozone and other photochemical oxidants, and volatile organic compounds. Although the reductions are expected to produce air quality improvements, there is uncertainty whether the results will be enough to protect and preserve the delicate ecosystems and natural resources of the Southern Appalachians, especially Class I areas. In March 1992, a conference was held in Gatlinburg, Tennessee, to examine the scientific understanding of air pollution in the Southern Appalachian Mountains and ideas for addressing it. In response to the controversy over new source permitting and the discussions at the Gatlinburg conference, the eight states surrounding the Southern Appalachian Mountains, the Environmental Protection Agency, the National Park Service, and the U.S.D.A. Forest Service met in June 1992, to launch the Southern Appalachian Mountains Initiative (SAMI). Through this cooperative effort, SAMI participants seek to establish the necessary forums and processes to effectively assess the forthcoming changes to and ascertain solutions to the air pollution problems of the Southern Appalachians. The areas of concern are the Southern Appalachian Mountains within the boundaries of the following states: Alabama, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia. Specifically, the primary areas of concern in the SAMI region are the following national parks and wilderness areas of the Southern Appalachian Mountains designated Class I by the Clean Air Act, i.e., those given the nation's highest measure of air quality protection by federal law: Shenandoah National Park, Great Smoky Mountains National Park, Cohutta Wilderness, James River Face Wilderness, Joyce KilmerSlickrock Wilderness, Linville Gorge Wilderness, Shining Rock Wilderness, Sipsey Wilderness, Dolly Sods Wilderness, and Otter Creek Wilderness. The reductions of pollution necessary to protect the sensitive air quality related values (AQRVs) of these park and wilderness areas will also benefit the rest of the natural environment and the public health in the region. Article II pppName This initiative shall be known as the Southern Appalachian Mountains Initiative (SAMI). Article III pppMission Statement  Through a cooperative effort, identify and recommend reasonable measures to remedy existing and to prevent future adverse effects from humaninduced air pollution on the air quality related values (AQRVs) of the Southern Appalachians, primarily those of Class I parks and wilderness areas, weighing the environmental and socioeconomic implications of any recommendations. Č   Article IV Definitions A.SAMI Region The SAMI region initially shall consist of the following states: Alabama, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia. B.Air Quality Related Values (AQRVs) Any of the resources of an area that can be affected by changes in air quality. AQRVs include, but are not limited to the following: visibility; flora; fauna; geological resources; archeological, historical, and other cultural resources; and soil and water resources and structures. Article V pppPurposes A.pppThe purposes of SAMI are to: ppp1. develop and promote regional cooperation for protecting the air quality and the AQRVs of the Southern Appalachians, especially in Class I areas; ppp2. provide a forum for coordinating efforts among local governments/agencies, states and federal agencies, industries and public interest groups, and for encouraging public involvement in SAMI; ppp3. assess scientific and technical data, studies, and other currently available information pertaining to air quality in the Southern Appalachian Mountains and adverse effects from air pollutants on the AQRVs of the Southern Appalachian Mountains, especially in Class I areas;  ppp4. identify gaps in current scientific and technical data, studies, and other currently available information and prioritize the need for additional information, pertaining to air quality and adverse effects on the AQRVs of the Southern Appalachian Mountains, especially in Class I areas; ppp5. assess the contribution to the Southern Appalachian Mountains and Class I areas in particular, of adverse effects from all air pollution sources, both within and outside the SAMI region; ppp6. assess the impacts of current and future air quality management strategies on the areas of concern, including the socioeconomic implications of attempts to mitigate those effects; ppp7. develop strategies to remedy existing and to prevent future adverse effects from humaninduced air pollution on the AQRVs of the Southern Appalachians, especially in Class I areas, and assess the socioeconomic implications of the strategies; ppp8. make recommendations on both regulatory and nonregulatory approaches to improve and protect the air quality in the Southern Appalachians, and the AQRVs of the Southern Appalachians, especially in Class I areas; ppp9. coordinate SAMI projects with other efforts already underway to avoid redundancy and facilitate the efforts of other groups to address the Southern Appalachian air quality issues.   #&l P7&P#  #0,!PQXP#ьB.pppAnnual Report pppSAMI shall publish an annual report on its progress toward achievement of SAMI's mission as stated in Article III. Any additional milestones shall be identified in the report. C.pppPublic Education pppSAMI shall implement a public education effort aimed at informing the public about SAMI and the air quality problems in the Southern Appalachians, and building a broad base of public support. Article VI Governing Body, Quorum, Voting, Alternates, and Proxy A.pppGoverning Body ppp1. The members of the Governing Body are the following: ppp a. the primary State Environmental Official of each state in the SAMI region (or his/her designee); ppp b. the Regional Administrators of the U.S. Environmental Protection Agency for Regions III and IV (or his/her designee); ppp c. the Director of the National Park Service (or his/her designee); ppp d. the Regional Forester of the Southern Region of the U.S.D.A. Forest Service (or his/her designee); ppp e. a representative of industry selected by the industry members of SAMI committees; and ppp f. a representative of public interest selected by public interest members of SAMI committees. ppp2. Only state agency members shall have the right to vote on matters that come before the Governing Body. ppp3. The federal agency members shall have all the rights and responsibilities of the member states on the Governing Body, except the right to vote. ppp4. Representatives of industry and public interest shall have all the rights and responsibilities of the member states on the Governing Body, except the right to vote and the right to appoint members to the Technical Oversight, Public Advisory, and Policy committees. B.pppActions taken by the Governing Body are not binding on any state or federal agency. C.pppOfficers will be appointed through the provisions of Article VII. D.pppExcept as provided for in Article XII, or paragraph E of this article, all votes shall be taken at General meetings as defined in paragraph A of Article XI. E.pppA quorum for voting purposes at meetings and at conference calls shall be five (5) of the voting members. For votes by mail or facsimile ballot the quorum requirement shall be met through provision, to each Governing Body member of a written copy of the proposed vote at least 10 days in advance. Any Operations Committee member may sit in on a voting conference call. F.pppA minimum of five (5) yea votes are necessary for a proposal or motion to pass. G.pppA voting member may designate an alternate representative to vote in his/her absence, provided that he/she gives written notification to the Chair of such designation prior to any vote in which the alternate representative would be voting on behalf of the member. H.pppAny voting member may designate another voting member as a proxy for the purpose of voting on behalf of the member in his/her absence, provided that he/she gives written notification to the Chair of such designation prior to any vote in which the proxy is to be exercised. I.pppThe Coordinator shall keep a record of the results of all votes taken by the Governing Body. J.pppThe Governing Body may adopt resolutions and other such instruments, as deemed appropriate, and make recommendations to state its position(s) on matters, in addition to taking formal votes on matters. Article VII Officers, Term of Office, and Succession to Office A.pppThe Officers of SAMI shall consist of a Chair, Vice Chair, and a Treasurer. B.pppAll officers shall be employed by a state in the SAMI region. C.pppThe functions of the officers are as follows: J d` d` J   MemberFunctions ` ` ChairChairs all general SAMI meetings; sets final agenda for meetings.8 8 Vice ChairVice chair of all general SAMI meetings; serves as Chair in the event of the Chair's absence.  TreasurerCustodian of all funds collected by SAMI; #&G\  P&P#disburses funds as approved by the Governing Body in the annual general budget, all items not approved in the annual general budget must be requested in writing by the Chair or the Vice Chair (in the Chairs absence) before disbursal of funds; reports on annual budget at SAMI meetings; furnish statements of receipts and disbursements at each meeting, and upon end of term as treasurer.#&l P7&P# (Amendment effective June 20, 1996.) D.pppTerms and Succession of the Chair, ViceChair, and Treasurer: ppp1. The Chair and Vice Chair positions shall be held by the primary environmental official of states in the SAMI region. ppp2. The Chair, Vice Chair, and Treasurer positions shall be filled through elections by the Governing Body. ppp3. The Chair and Vice Chair shall serve oneyear terms, beginning and ending on the date of the annual meeting. ppp4. The Vice Chair must be able to serve as Chair in the following term. ppp5. Until the 1994 Annual Meeting, the primary environmental official of Tennessee shall hold the position of Chair, and the primary environmental official of North Carolina shall hold the position of Vice Chair. ppp6. In the event that the Chair resigns in the middle of a term, the Vice Chair shall assume the duties of the Chair and a new Vice Chair shall be elected by the Governing Body. ppp7. The Treasurer shall serve a term of two years. ppp8. The states that are serving as Chair and Vice Chair on the Governing Body shall serve contemporaneously as Chair and Vice Chair of the Operations Committee. Article VIII Operations Committee A.pppThe members of the Operations Committee are: ppp1. The designee of the primary environmental official of the eight states in the SAMI region; ppp2. The designee of the Director of the National Park Service; ppp3. The designee of the Regional Forester of the Southern Region of the U.S.D.A. Forest Service; ppp4. The designee of the Regional Administrators from Regions III and IV of the U.S. Environmental Protection Agency; ppp5. The SAMI Coordinator; ppp6. A representative of industry selected by the industry members of SAMI committees; and ppp7. A representative of public interest selected by public interest members of SAMI committees. B.The functions of the Operations Committee shall be to provide for the administration and management of SAMI, receive and review the work products and other information from committees, and formulate and prioritize proposals on which the voting members of the Governing Body shall vote. Article IX pppExecutive Staff A.pppSAMI shall hire a Coordinator to be responsible for administration of the daytoday activities. The salary of the Coordinator shall be paid out of available SAMI funds. B.pppThe expenses of the SAMI Coordinator shall be audited by the Treasurer on an annual basis. C.pppThe Coordinator's responsibilities may include, but are not limited to the following: ppp1. Serve as liaison between the Operations Committee and the subcommittees of SAMI, as well as between SAMI and the public; ppp2. Maintain records of the minutes and summaries of each general and committee meeting; ppp3. Oversee timely dissemination of information and news of relevance to SAMI participants including summaries of general meetings and committee reports; ppp4. Provide logistical support and coordination for the following: ppp a. annual, semiannual, and Operations Committee meetings; and additional support for other committees as requested. ppp b. the timely submission of reports; and ppp c. field operations. ppp5. Provide technical support and advice to SAMI. D.pppThe voting members of the Governing Body may hire additional staff, as necessary, to carry out its purposes. Article X pppCommittees A.pppThe organization of SAMI is set forth in the SAMI Organization Chart (Appendix A). B.pppThe Operations Committee may periodically review and make recommendations to the voting Governing Body to form or dissolve permanent committees and subcommittees to carry out SAMI's purposes. Permanent committees and subcommittees shall remain in effect until dissolved by the same authority by which they were established. C.pppEach SAMI committee shall strive for excellence and objectivity in all its work. Within each committee, the Operations Committee and Governing Body shall insure the following: ppp1. All interests are represented; ppp2. The interests are balanced in representation so that no interest can dominate the committee's work; and ppp3. The size and composition of the committee is manageable so that work can be performed in an effective and efficient manner. D.pppEach committee shall nominate a chair and such other officers as it deems appropriate, all to be approved by the Governing Body. For the committee chairmanships, the term shall be one year, beginning and ending with SAMI's Annual Meeting. A member who is a committee chair may succeed him or herself in a subsequent year, if so appointed or elected as the case may be. E.pppInitially, the following committees shall be established:  X ppp1. Public Advisory Committee This Committee shall consist of 55 members. Each Governing Body representative, except as provided for in Article VI.A.4, shall nominate five (5) people to serve on this committee, with the exception of the two EPA representatives who shall nominate a combined total of five people. After the balance of the committee composition has been certified, the nominees shall be confirmed by the Governing Body. ppp2. Policy Committee This committee shall consist of 35 members. Each Governing Body State representative shall nominate three (3) people to serve on this committee, one representative each from government, public interest, and industry. The two EPA representatives will jointly nominate one representative each from public interest and industry, and a representative each from Region III, Region IV, and EPA Headquarters. The Governing Body Federal Land Manager representatives shall each name two government representatives and jointly, one representative each from public interest and industry. After the composition of the committee has been certified, the nominations shall be confirmed by the Governing Body. (Amendment effective September 26, 1995) ppp3. Technical Oversight Committee This committee shall consist of 23 members. Each Governing Body representative, except as provided for in Article VI.A.4, shall nominate one (1) person to serve on this committee, with the exception of the two EPA representatives who shall jointly nominate one representative. The other twelve (12) representatives shall be selected from the current subcommittees (i.e., effects, modelling, monitoring, and inventory). The eleven (11) representatives nominated by the Governing Body shall nominate the rest of the Technical Oversight Committee's composition by selecting from each subcommittee a representative each from public interest, industry, and academia. ppp After the balance of the committee composition has been certified, the nominees shall be confirmed by the Governing Body. ppp4. Funding Committee This committee shall initially consist of 6 members. In addition to the Treasurer, a representative of the Operations Committee, Public Advisory Committee, Policy Committee, and Technical Oversight Committee shall be elected by their respective committees to serve on the Funding Committee. The Coordinator shall also serve on this committee as an ex officio member. Additional members with expertise not readily available on the committee may also be added at the discretion of the Funding Committee, with approval by the Governing Body. (Amendment effective September 26, 1995) F.pppThe membership of any subcommittee established pursuant to this Article shall be open to all interested individuals, subject to approval by the Governing Body. G.pppCommittees and subcommittees as established pursuant to this Article shall be to aid the Governing Body in reviewing, analyzing, and evaluating air pollution and effects related research; identifying and evaluating control strategies; identifying, evaluating and recommending policy positions to the Governing Body for its consideration; building consensus; and carrying out any other such tasks as directed by the Governing Body through its Chair. H.pppEach committee established pursuant to this article shall develop a timeframe for actions that is approved by the Governing Body.   I.pppEach committee and subcommittee established pursuant to this article shall refer to paragraphs G and H of Article VI in any case where a vote may be necessary to reach consensus, with the exception that written notification is not a requirement. Article XI pppMeetings A.pppA minimum of two general meetings shall be held each year. The meeting schedule is as follows: ppp1. An annual meeting, to be held in the winter. ppp2. A semiannual meeting, to be held in the summer. ppp3. Additional meetings, including meetings with other groups, may be called at the request of a majority of the SAMI Governing Body. ppp4. The Operations Committee shall meet at least quarterly. B.pppAll general SAMI and committee meetings shall be open to the public. Upon a vote of the majority of the Governing Body present, the Governing Body may decide to enter into executive session (from which the public may be excluded), for the purpose of discussion and considering matters relating to personnel, litigation to which SAMI is a party, real estate, and other specific matters, the discussion of which in open session would be detrimental to SAMI's interests. Summaries of the public sessions of the meetings and other status or progress reports shall be available to the public. C.pppThe Chair of the Operations Committee and the chairs of SAMI's other committees shall encourage public involvement and input at their meetings. Article XII pppAction Without Meeting In extraordinary circumstances, the Governing Body may take action without a meeting on issues not considered by the Operations Committee provided all Governing Body members are given notice 10 days in advance and if five (5) of the voting members are in favor of voting on the issue. Article XIII pppCommunications A.pppThe Chair, or the Coordinator under delegation by the Chair, shall transmit a call for issues to all SAMI participants at least 60 days prior to a regular scheduled meeting. B.pppThe Chair, or the Coordinator under delegation by the Chair, shall transmit a draft agenda to all SAMI participants at least 30 days prior to a regular scheduled meeting. C.pppThe Chair, or the Coordinator under delegation by the Chair, shall accept proposed agenda items from all SAMI participants and interested parties up to 15 days prior to a regular scheduled meeting. D.pppThe Chair, or the Coordinator under delegation by the Chair, shall transmit a final agenda to all SAMI members and interested parties by mail or facsimile 10 days prior to a regular scheduled meeting. E.pppThe Chair may amend this communication schedule for a particular meeting upon a majority vote of the Governing Body present, when a quorum is present. For votes on new business matters not included in the agenda but introduced at that particular meeting, a unanimous vote of the Governing Body present is required to allow the matter to proceed to a vote at that meeting. F.pppThe Chair shall not be required to satisfy the communication schedule when an emergency meeting must be held, or when a majority of the Governing Body allows a different communications schedule, except with regard to the provision in paragraph E of this article pertaining to votes on new business matters. G.pppNothing in this Article shall prevent the Governing Body from conducting business and taking valid votes at the initial meeting at which bylaws are adopted. Article XIV Funding 1.pppOperating Expenditures will be disbursed by the Treasurer in accordance with a budget and guidelines adopted by the Governing Body. (Amendment effective May 13, 1994) 2.pppAll funding over $10,000, including donations, and grants must be approved by the voting members of the Governing Body. Funding under $10,000 need only be approved by the Operations Committee. (Amendment effective September 26, 1995) Article XV pppAmendments The bylaws may be amended at any general meeting where a quorum of the voting members of the Governing Body are present. If consensus is not achieved, amendments must be passed by five (5) states. Amendments to the bylaws shall follow the procedures of Article XIII.