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.

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.

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).

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.

What is an Increment?  Increment – maximum allowed increase in concentration of a pollutant above baseline (concentration as of baseline date) in an area Increment per Area Classification (µg/m³) Averaging Period PollutantIIIIII AnnualPM SO²22040 NO² hrPM SO² hrSO²  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

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.

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.

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.

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.

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.

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.

Class I Summary FCPC Class I first redesignation since 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.