1 / 18

Life After Class I

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 2 20 2 PM10 17 4 NO 2 25 2.5

creola
Download Presentation

Life After Class I

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

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

  2. WHAT DOES CLASS I HAVE TO OFFER • Smaller/tighter increments for 3 pollutants (not all) III • SO2 20 2 • PM10 17 4 • NO2 252.5 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.

  3. Types of Class I Areas 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 – Montana Northern Cheyenne – Montana Spokane – Washington Forest County Potawatomi - Wisconsin

  4. Forest County Potawatomi Community’s Class I History • December 1993 letter of intent to EPA • Fall 1994 technical report submitted • June 1995 Michigan and Wisconsin file dispute w/EPA

  5. 1995-1999 “On again – off again”relationship with Wisconsin

  6. Dispute Agreement with WDNR • 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 Michigan Wisconsin

  7. Forest County Potawatomi Community’s Class I History cont. • 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!!!!

  8. Life After Class I Happy Ever After

  9. The Permit Application Notification and Comment Process

  10. When the honeymoon is over • Class I will most likely take much longer for approval than a construction permit will. • Class I does notprevent 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 Łőoms”

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

  12. “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.”

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

  14. What would a TIP for Class I consist of?

  15. And they all lived happy ever after

More Related