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Aspen Highlands Ski Area concluded that my decision, with the required mitigation measures, meets all applicable laws, regulations, and policies and is consistent with the purposes for which the White River National Forest was established and is being administered, and that the authorized MDP components are in the public interest. I recognize that public sentiment regarding the Aspen Highlands Ski Area expansion/up-grade proposal is divided. While I have considered this input, as Forest Supervisor I cannot base my decision solely on public comment, but must decide how the overall public interest is best served. In making my decision, I have balanced legal concerns, management options, publ ic comments, and the positive and negative impacts associated with each alternative. I have also attempted to consider this decision in terms of the larger context. THE CLEAN AIR ACT AND CONFORMITY DETERMINATION Regulatory requirements which apply in the case of air quality at Aspen derive from the Clean Air Act and the regulations promulgated under it (the Confonnity Rule (CFR 1993). Requirements in this area are both procedural and substantive. The discretion of the Forest Service is limited by the substantive requirements of the Act and its regulations. The Aspen area is a non-attainment area for compliance with Federal air quality standards for the pollutant PMIO (paniculate matter less than 10 micrometers in size). There is a State Implementation Plan (SIP) designed to bring the area into attainment. The Conformity Rule issues specific prohibitions for actions to which the Conformity Rule does apply. The rule refers to the SIP as the "implementation plan". The Colorado Department of Health - Air Pollution Control Division (CDPHE-APCD) did determine that area wide air quality modeling analysis is appropriate in the Aspen Highlands Ski Area analysis. Through a consulting finn (MERCO, Inc.) retained for its expenise in this subject matter, and endorsed through a Memorandum Of Understanding (MOU) by the City of Aspen, Pitkin County and the Aspen Skiing Company, I have done the required analysis of air quality impacts of the proposed expansion. All procedural requirements were followed. The Air Quality Sections of Chapters 3 and 4 of the EIS documents these analyses and their results. There has been continuous dialog and agreement with CDPHE-APCD in the development of all procedures and assumptions. The analysis demonstrates that there will be no net increase in emissions (PMIO) as a result of alternatives B or C which would be attributed to traffic projections for each of these alternatives. Therefore, there will be no net increase in emissions (PMIO) as a result of tbis decision. 38 Findmgs Required by Other Laws The Clean Air Act and Conformity Determination