[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Proposed Rules]
[Pages 33779-33781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16003]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI53-01-6914; FRL-5250-2]
Redesignation of the Forest County Potawatomi Community to a PSD
Class I Area; State of Wisconsin
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The purpose of this action is to propose approval and seek
public comment on the request by the Forest County Potawatomi (FCP)
Tribal Council to redesignate lands within the FCP Reservation in the
State of Wisconsin to Class I under USEPA's regulations for prevention
of significant deterioration (PSD) of air quality. The Class I
designation will result in lowering the allowable increases in ambient
concentrations of particulate matter (PM), sulfur dioxide (SO2),
and nitrogen oxides (NOX) on certain of the FCP Community's lands.
DATES: Comments must be received on or before September 5, 1995. An
informational meeting and public hearing on this proposal will be held
on August 2, 1995. The informational meeting will start at 2:00 pm CDT
and the public hearing will immediately follow it.
ADDRESSES: Written comments should be addressed to: Carlton Nash,
Chief, Regulation Development Section, Air Toxics and Radiation Branch,
United States Environmental Protection Agency, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604.
An informational meeting on Class I PSD redesignations in general
and a public hearing on the FCP redesignation request in particular
will be held at the Indian Springs Lodge on Highway 32 in Carter,
Wisconsin starting at 2:00 pm CDT on August 2, 1995. The hearing will
be strictly limited to the subject matter of the proposal, which is
that the proposed redesignation meets the procedural requirements.
Supporting information used in developing the proposed rule and
materials submitted to USEPA relevant to the proposed action are
available during normal business hours for public inspection and
copying at the Air Toxics and Radiation Branch, Region 5, United States
Environmental Protection Agency, 77 West Jackson Boulevard (AT-18J),
Chicago, Illinois 60604. A copy of this information and materials is
also available for inspection at the Crandon Public Library, 104 South
Lake Avenue, Crandon, Wisconsin 54520-1458.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, USEPA Region 5
(AT-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-0671.
SUPPLEMENTARY INFORMATION: Part C Title I of the Clean Air Act (Act)
provides for the prevention of significant deterioration of air
quality. The intent of Part C is to prevent deterioration of existing
air quality, in areas having relatively clean air--those areas
designated pursuant to Section 107 of the Act, as ``unclassifiable'',
or ``attainment'' relative to an areas National Ambient Air Quality
Standard. These areas are referred to as ``PSD areas''. The Act
provides for three basic classifications applicable to PSD areas
located within the United States. Associated with each classification
are increments which represent the maximum allowable increase in
ambient air pollutant concentrations above a baseline concentration.
Part C initially designated as Federal Class I certain areas, under
Section 162(a) of the Act, such as international parks, wilderness
areas, national memorial parks, and national parks.1 The PSD
regulations provide special protection for Federal Class I areas. Class
II applies to areas in which pollutant increases accompanying moderate
growth is allowed. Class III applies to those areas in which
[[Page 33780]]
considerably more air quality deterioration is considered acceptable.
\1\ The 1990 CAA Amendments included provisions to allow the
boundaries of existing federal Class I areas to be expanded, but no
new Class I areas were created.
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Under the 1977 amendments to the Act, all PSD areas, other than the
Federal Class I areas, were initially designated Class II. Section 164
of the Act allows States and Indian governing bodies to reclassify
areas under their jurisdiction to accommodate the social, economic, and
environmental needs and desires of the local population. Reservations
that have previously been reclassified as Class I areas include the
Northern Cheyenne, Fort Peck, and Flathead Reservations in Montana and
the Spokane Reservation in Washington.
A Class I redesignation results in lowering the allowable increases
in ambient concentrations of PM, SO2, and NOX. Only
facilities defined by the PSD regulations, 40 Code of Federal
Regulations (CFR) 51.166 and 52.21, as major stationary sources or
major modifications are subject to PSD and required to perform PSD air
quality impact analysis. These facilities are typically large
industrial sources such as refineries and electric utilities.
It is important to note that no new permits or additional controls
to existing sources are required as a result of a redesignation to
Class I. The difference between the two designations is that the
maximum increase in ambient concentration of a given pollutant 2
allowed over a baseline concentration is lower in a Class I area. This
affords a Class I area greater protection from the cumulative impacts
of many facilities locating in and around the Class I area.
\2\ There are currently PSD increments established for NOX,
SO2, and PM. 40 CFR 52.21(c).
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Forest County Potawatomi Request for Redesignation
On February 14, 1995 the FCP Tribal Council submitted to USEPA a
proposal to redesignate certain FCP Reservation lands from Class II to
Class I. FCP Reservation lands being requested for redesignation to
Class I are limited to parcels over 80 acres, only in Forest County,
and that are held in trust for the Tribe by the Federal government.
With their request, the Tribal Council submitted a PSD Class I Area
Redesignation Technical Report, maps identifying the reservation lands
subject to the proposed redesignation, documentation of public
notification, a record of the public hearing held on September 29,
1994, comments received by the Tribal Council on the proposed
redesignation, and the Tribal Council's response to comments received.
On June 14, 1995 the Tribal Council also provided USEPA with
information concerning Air Quality Related Values (AQRV) for the
proposed redesignated area, including a discussion of the economic and
energy effects of a proposed AQRV for mercury. This information is
available at the Crandon Public Library and Region 5 offices listed in
the Addresses section of this proposal.
Statutory and Regulatory Requirements for Redesignation
Section 164 of the Act and Federal regulations set forth at 40 CFR
52.21(g) outline the requirements for redesignation of areas under the
PSD program. The Act provides that lands within the exterior boundaries
of reservations of federally recognized Indian tribes may be
redesignated only by the appropriate Indian Governing Body. Under
section 164(b)(2) and 40 CFR 52.21(g)(5), USEPA may disapprove a
redesignation only if it finds, after notice and opportunity for
hearing, that the redesignation does not meet the procedural
requirements of section 164 or is a mandatory Federal Class I area that
may not be redesignated. The latter does not apply to the FCP area
proposed for redesignation. In addition, the Indian Governing Body may
resubmit the proposal after correcting any deficiencies noted by the
Administrator, under 40 CFR 52.21(g)(6).
The procedural requirements for a Class I redesignation by an
Indian Governing Body are as follows: (1) At least one public hearing
must be conducted in accordance with the requirements set forth at 40
CFR 51.102; (2) other States, Indian Governing Bodies, and Federal Land
Managers whose lands may be affected by the proposed redesignation must
be notified at least 30 days prior to the public hearing; (3) at least
30 days prior to the public hearing, a discussion of the reasons for
the proposed redesignation including a satisfactory description and
analysis of the health, environmental, economic, social and energy
effects of the proposed redesignation must be prepared and made
available for public inspection and the public hearing notice must
contain appropriate notification of availability of such discussion;
(4) prior to the issuance of the public notice for a proposed
redesignation of an area that includes Federal lands in the
redesignation, the redesignating authorities must provide written
notice to the appropriate Federal Land Managers and an opportunity to
confer and submit written comments and recommendations; and (5) prior
to proposing the redesignation, the Indian Governing Body has consulted
with the State(s) in which the Reservation is located and that border
the Reservation.
Tribal Council Submittal
The February 14, 1995 request for redesignation includes evidence
that all of the statutory and regulatory requirements for redesignation
of the FCP Reservation from Class II to Class I have been met by the
FCP Tribal Council. The FCP Tribal Council is the Indian Governing Body
for the FCP Reservation, and only land parcels within the exterior
boundaries of the Reservation are proposed for redesignation.
Pursuant to 40 CFR 51.102, the FCP Tribal Council conducted a
public hearing on September 29, 1994 at the Potawatomi Tribal Hall,
four miles east of Crandon, Wisconsin. Notice of the hearing was
provided to the required parties, other public agencies, and interested
parties. It was posted in public locations and was provided to local
media. A satisfactory description and analysis of the health,
environmental, economic, social, and energy effects of the proposed
redesignation entitled, ``Forest County Potawatomi Community PSD Class
I Area Redesignation Technical Report'' was completed in August 1994,
and its availability was announced in the public hearing notices.
Evidence that the Tribe consulted with State of Wisconsin officials
prior to proposing the redesignation is also included in the submittal.
Therefore, the documentation submitted by the Tribal Council shows that
all statutory and regulatory procedural requirements for redesignation
have been met.
Summary of Action
Because USEPA's review has not revealed any procedural
deficiencies, the redesignation is hereby proposed for approval. The
public is invited to comment on whether the FCP Tribal Council has met
all the applicable procedural requirements of 40 CFR 52.21(g)(2) &
(g)(4). Comments should be submitted to the Region 5 address listed
above. USEPA will hold a public hearing on this redesignation on August
2, 1995,3 at the Indian Springs Lodge on Highway 32 in Carter,
Wisconsin, to receive additional public comment on the subject of this
proposal, which is whether the proposed redesignation met the
procedural requirements summarized in this action. Public comments
received either at the public hearing in Carter or received in writing
[[Page 33781]]
at the Region 5 offices by September 5, 1995, will be considered in the
final rulemaking action taken by USEPA.
\3\ The public hearing will immediately follow an informational
meeting on the PSD redesignation process, which will start at 2:00
pm CDT.
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Administrative Review
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for a PSD
Class I redesignation. Each request for redesignation shall be
considered separately and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
USEPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities. 5 U.S.C.
sections 603 and 604. Alternatively, USEPA may certify that the rule
will not have a significant impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000. The proposed action does not have a significant
direct impact on small entities and may only prospectively affect the
amount of air quality deterioration that is allowed from major
stationary sources and major modifications, as defined by 40 CFR 52.21,
and will not result in any significant additional requirements for
small entities. Therefore, I certify that this action does not have a
significant impact on a substantial number of small entities.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995,
the USEPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or Tribal governments in the aggregate.
Through submission of the request for redesignation, the Tribal
government has elected to adopt an option allowed them under Section
164 of the Act. The redesignation being proposed for approval in this
action may bind State, local, and Tribal governments to perform certain
actions and also may ultimately lead to the private sector being
required to perform certain duties. However, USEPA has also determined
that this action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or Tribal
governments in the aggregate or to the private sector.
Authority: 42 U.S.C. 7401-7671q.
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Environmental Protection,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: June 19, 1995.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 95-16003 Filed 6-28-95; 8:45 am]
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