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Public Hearing and Comment Period on the Proposed Redesignation of the Forest County Potawatomi Community to a PSD Class I area; State of Wisconsin

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[Federal Register: July 10, 1997 (Volume 62, Number 132)]
[Proposed Rules]
[Page 37007-37008]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy97-16]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI53-03-7301; FRL-5855-9]

Public Hearing and Comment Period on the Proposed Redesignation
of the Forest County Potawatomi Community to a PSD Class I area; State
of Wisconsin

AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking.

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SUMMARY: The Environmental Protection Agency (EPA) under its Prevention
of Significant Deterioration (PSD) Program proposed to redesignate a
portion of the Forest County Potawatomi (FCP) Community's lands to
Class I for PSD purposes on June 29, 1995, (60 FR 33779). EPA is now
holding two informational meetings and public hearings on the FCP
redesignation request, and is establishing a new close of the public
comment period on its proposed approval of the FCP's redesignation
request.

DATES: A general informational meeting and public hearing on the
redesignation will be held in Carter, Wisconsin, starting at 4:00 pm
CDT on August 12, 1997. The second meeting and public hearing will be
held in Rhinelander, Wisconsin, starting at 1:00 pm CDT on August 13,
1997.
    All written comments on the FCP redesignation must be received by
September 15, 1997 to be considered by EPA in making its final decision
on the redesignation request.

ADDRESSES: The August 12, 1997 meeting and public hearing will be held
at the Indian Springs Lodge on Highway 32 in Carter, Wisconsin, and the
August 13, 1997, meeting and public hearing will be held at the Holiday
Inn Rhinelander, 668 West Kemp Street, Highway 8 and 47, Rhinelander,
Wisconsin.
    All written comments on this redesignation request and proposed
approval should be addressed to: Carlton Nash, Chief, Regulation
Development Section, EPA (AR-18J), 77 West Jackson Boulevard, Chicago,
Illinois 60604.
    Additional information used in developing the proposal is available
during normal business hours for public inspection and copying at the
Air Programs Branch, Region 5, EPA (AR-18J), 77 West Jackson Boulevard,
Chicago, Illinois 60604. A copy of these documents is also available
for inspection at the Crandon Public Library, 104 South Lake Avenue,
Crandon, Wisconsin 54520-1458, (715) 478-3784.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, EPA Region 5
(AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-0671.

SUPPLEMENTARY INFORMATION: The EPA under its PSD Program (Part C of the
Clean Air Act) proposed to redesignate a portion of the FCP Community's
lands to Class I for PSD purposes in the June 29, 1995, Federal
Register (60 FR 33779). The intent of the PSD program is to prevent
deterioration of existing air quality. The Act provides for three basic
classifications, with Class I being the designation which allows the
least amount of degradation. States and Indian governing bodies may
request reclassification of areas under their jurisdiction to
accommodate the social, economic, and environmental needs and desires
of the local population.
    On February 14, 1995 the FCP Tribal Council submitted to EPA a
proposal to redesignate certain FCP Reservation lands from Class II to
Class I. These lands are limited to parcels over 80 acres, only in
Forest County, and held in trust for the Tribe by the Federal
government. EPA evaluated the FCP request in relationship to the
requirements of the Act and proposed for public comment to approve it.
EPA scheduled in its June 29, 1995 proposal a public hearing and
established a public comment period. Based on a request by the
Governors of Wisconsin and Michigan to enter into negotiations on the
proposed redesignation, EPA subsequently canceled the public hearing
and left open the public comment period until further notice (60 FR
40139).
    EPA is now scheduling two informational meetings on Class I PSD
redesignations in general, each immediately followed by a public
hearing on the FCP redesignation request in particular. The first
meeting and public hearing will be held at the Indian Springs Lodge on
Highway 32 in Carter, Wisconsin, starting at 4:00 pm CDT, on August 12,
1997; and the second meeting and public hearing will be held at the
Holiday Inn Rhinelander, 668 West Kemp Street, Highway 8 and 47,
Rhinelander Wisconsin, starting at 1:00 pm CDT on August 13, 1997.
    EPA is also establishing a new close of the pubic comment period.
All written comments on the proposed FCP redesignation must now be
received by September 15, 1997 to be considered by EPA in making its
final decision on the redesignation request. For additional information
on the EPA's proposed approval of the FCP redesignation request, please
see EPA's proposal in the June 29, 1995 Federal Register and/or the
additional material available at both the Region 5 offices and the
Crandon Public Library.

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.,
EPA 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, EPA 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.

[[Page 37008]]

    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 EPA 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, EPA 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

    Authority: 42 U.S.C. 7401-7671q.

    Date: June 30, 1997.
David A. Ullrich,
Acting Regional Administrator.

[FR Doc. 97-18093 Filed 7-9-97; 8:45 am]
BILLING CODE 6560-50-P

 
 

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