Life After Class I Natalene Cummings Air Program Director Forest County Potawatomi NTF 2011

WHAT DOES CLASS I HAVE TO OFFER Smaller/tighter increments for 3 pollutants (not all) II I SO PM NO μg/m 3 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 - MontanaFort Peck – Montana Northern Cheyenne – MontanaSpokane – Washington Forest County Potawatomi - Wisconsin Types of Class I Areas

December 1993letter 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

“On again – off again”relationship with Wisconsin

Dispute Agreement with WDNR Michigan Wisconsin 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

2004Final request to EPA to resolve Michigan’s dispute and grant FCPC Class I October 2006FCPC files notice of intent to litigate with EPA August 2007Tribal Council flies to D.C. to check on status of Class I request with EPA April 29, 2008Class 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. “Æ 2 ð 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? What would a TIP for Class I consist of?

And they all lived happy ever after