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EPA Class I Determination: Basics, Importance, and Tribal Control

Learn about EPA's Class I determination process, the basics of how Class I works, the importance of tribal Class I status, and the handling of Michigan and Wisconsin's objections to FCPC's Class I request.

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EPA Class I Determination: Basics, Importance, and Tribal Control

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  1. Class I Overview • EPA Class I determination. • Basics regarding how Class I works. • Importance of Tribal Class I status. • EPA’s Handling of Michigan’s objections to FCPC’s Class I request. • Wisconsin issues regarding FCPC Class I.

  2. EPA Class I Determination • After several years, on April 29, 2008, EPA formally released its decision to grant FCPC Class I status. • EPA also formally recognized the Wisconsin/FCPC Class I agreement, but stated that to the extent it limits Class I, Wisconsin needs to revise its SIP. • EPA rejected all of Michigan’s arguments against FCPC Class I.

  3. Basics regarding how Class I Works • Tribes and states can request redesignation to Class I status. • Applies primarily to new or modified major sources. • Limits available increment of additional pollution above baseline in area. • Allows Tribe to raise concerns regarding impacts to air quality-related values (AQRVs).

  4. Sources Primarily Impacted by Tribal Class I Status • Generally only new or modified major air pollution sources. • 100 tons per year for any of 28 listed categories. • 250 tons per year for all other Sources. • Tribe can raise concerns regarding impacts to increment and to AQRVs. • If dispute between state and Tribe, EPA ultimately resolves dispute to protect increment and AQRVs.

  5. What is an Increment? • Increment – maximum allowed increase in concentration of a pollutant above baseline (concentration as of baseline date) in an area • Increments exist for 3 pollutants (PM, SO², and NO²) and vary based on averaging periods and area classifications: • Class I – national parks and other natural areas • Class II – nearly all other areas in the US • Class III – areas targeted for industrial development

  6. What is an AQRV? • AQRVs are resources that the Class I area manager wishes to protect and that may be impacted by air emissions. • To date, FCPC has established following categories: • aquatic systems • water quality • Other AQRVs can include protection of visibility, protection of vegetative species, etc.

  7. Importance of Tribal Class I Status • Powerful, unique tool to influence siting of polluting sources (e.g., coal-fired generation, mining operations, chemical plant operations, quarry operation, etc.). • Important tool to preserve unique natural environment of Tribal Reservation and related cultural assets. • Because Class I helps to preserve and protect the natural environment, it is important to area tourism. • Class I can enhance tribal reputation as ombudsman to protect environment. • FCPC Class I helps other tribes achieve Class I status, since EPA rejected its numerous objections to Class I.

  8. Michigan and FCPC Class I • Because EPA rejected all of Michigan’s objections, FCPC has full Class I rights with respect to Michigan sources. • Recently, Michigan petitioned for appellate review of EPA’s Class I determination. • The court’s decision should further clarify Class I issues, including the use of a FIP to reclassify area.

  9. Wisconsin Issues regarding FCPC Class I • FCPC Class I is subject to provisions of Wisconsin/FCPC agreement. • EPA accepted agreement as-is. • DNR needs to revise its SIP if it wishes to ensure enforcement of limitations in Wisconsin/FCPC agreement.

  10. Key Terms of Wisconsin/FCPC Agreement • Limits Class I increment analysis to sources within 10-miles of reservation, as shown on draft DNR map. • FCPC receives notice of all major sources proposed to be located within 62-miles of reservation. • FCPC has ability to object to a major source if it will adversely affect AQRVs.

  11. Key Terms of Wisconsin/FCPC Agreement continued • FCPC has right to review and object to BACT/MACT determination for all sources: • Within 10 miles of reservation. • Within 62 miles that have a modeled impact exceeding 1 microgram per cubic meter for 24-hour period. • Scientific review panel, comprised of at least two experts selected by FCPC and state, attempts to resolve all disputes on AQRV and BACT/MACT issues. If not resolved, EPA decides.

  12. Class I Summary • FCPC Class I first redesignation since 1992. • Class I status provides tribal control of air impacts on reservation from off-reservation sources. • Class I increment substantially more strict than Class II increment. • Class I can help tribes protect natural and cultural resources on reservation.

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