Life After Class I

Natalene CummingsAir Program DirectorForest County PotawatomiNTF 2011

WHAT DOES CLASS I HAVE TO OFFER• Smaller/tighter increments for 3 pollutants (not all)

II I

• SO2 20 2• PM10 17 4 • NO2 25 2.5 μg/m3 annual

• Smaller increment extends 100km (62 miles) beyond the exterior boundary of the reservation.

• Protections for Air Quality Related Values (AQRVs)

• Opportunity to review permit application, and the opportunity to provide weighted comments that must be addressed by state/feds.

• Permit applications must include 1) an analysis of the increment consumption of the proposed project, 2) a cumulative impact analysis and, 3) an AQRV analysis in air permit application.

Mandatory• Federal (CAA § 162)

– In existence prior to August 1977• International parks• National memorial parks and wilderness areas exceeding 5,000 acres• National parks exceeding 6,000• National monuments, primitive areas, and preserves where AQRVs are important attributes of the area (no size

indicated)

Non-mandatory• State - (CAA § 164 (b))

– Areas as the state deems appropriate for Class I, • State lands• A national monument, primitive area, preserve, rec area, W&S river, wildlife refuge, or lake/sea-shore

exceeding 10,000 acres (no date) (Federal Non-mandatory)• National park or wilderness areas exceeding 10,000 acres established after August 1977 (Federal Non-

mandatory)• NONE TO DATE

• Indian Reservations (CAA § 164 (c))– Land within the exterior boundaries of reservations of federally recognized Indian tribes may be

redesignated only by the appropriate Indian governing body (no size indicated)

Flathead - Montana Fort Peck – MontanaNorthern Cheyenne – Montana Spokane – WashingtonForest County Potawatomi - Wisconsin

Types of Class I Areas

• December 1993 letter of intent to EPA• Fall 1994 technical report submitted

• June 1995 Michigan and Wisconsin file dispute w/EPA

Forest County Potawatomi Community’s Class I History

• 1995-1999 “On again – off again”relationship with Wisconsin

Dispute Agreement with WDNR

MichiganWisconsin

• FCPC agrees to specified AQRVs

• FCPC agreed to reduced radius (10 miles) for increments – kept 100 km (62 mi) for AQRV analysis requirement

• FCPC responsible for AQRV effects analysis

• 2004 Final request to EPA to resolve Michigan’s dispute and grant FCPC Class I

• October 2006 FCPC files notice of intent to litigate with EPA

• August 2007 Tribal Council flies to D.C. to check on status of Class I request with EPA

• April 29, 2008 Class I Approved!!!!

Forest County Potawatomi Community’s Class I History cont.

Life After Class I

Happy Ever After

The Permit Application Notification and Comment Process

When the honeymoon is over• Class I will most likely take much longer for approval

than a construction permit will.• Class I does not prevent a pollution source from

being approved for construction.• NSR PSD major permits for new or modified sources

(Part 70 Title V operating permits not included).• Pollution permits are written in a foreign language.

“Æ2ð Đ Ω ↙ c. S134ð€=- O Łő oms”

• What is the baseline for increment if it hasn’t been triggered yet?

“Whether it’s a TIP or a FIP they still have to do a SIP”

• FCPC Class I not standard

• Wisconsin’s Class I SIP for standard Class I areas

• “If Tribe writes FIP, we don’t have to write a SIP.”

“Oh yeah but, WHO’s is the FLM (Federal Land Manager) for the FCPC’s Class I , hmmm?”

• What would a TIP for Class I consist of?

And they all lived happy ever after