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Correspondence



November 22, 1996

Al W. Milham, Vice Chairman
Forest County Potawatomi Tribe
P.O. Box 340
Crandon, Wisconsin 54520


Dear Mr. Milham:

Thank you for your letter dated October 19, 1996, regarding the status of the United States
Environmental Protection Agency's (EPA) review of the Forest County Potawatomi
Community's (FCP) request to redesignate a portion of its lands as Class I under the Clean Air
Act's Prevention of Significant Deterioration of Air Quality (PSD) program. As you have stated
in your letter, since the June 29, 1995, publication of a notice in the Federal Register,
proposing to approve the redesignation request by the FCP to Class I area status, there have
been many discussions and meetings with various parties to better understand Class I
procedures.


On June 4, 1996, Mary Nichols, EPA Assistant Administrator for Air and Radiation, met with
George Meyer, Secretary, Wisconsin Department of Natural Resources and Dennis Drake,
Chief, Air Quality Division, Michigan Department of Environmental Quality. During that
meeting, the State representatives expressed their concern about the need for clarity in the
review procedures for PSD permit applications from sources proposing to locate near
non-Federal Class I areas. Ms. Nichols indicated that EPA would publish an Advance Notice
of Proposed Rulemaking (ANPR) to elicit public input on potential revisions to the non-Federal
Class I PSD permit review process.


The EPA decided to delay further action on the FCP redesignation request until we have gone
forward with the ANPR. The ANPR process will help defuse concerns related to non-Federal
Class I PSD permit review by delineating the issues related to the permit review process. It
also will help focus comment and discussion on the FCP redesignation request to issues
pertinent to that process. The EPA does not believe, however, that it is necessary or
appropriate to delay action on the FCP's request until the potential non-Federal Class I PSD
permit rules are proposed or promulgated.


The Agency is currently completing internal review of a draft ANPR, and it is expected to be
published in the Federal Register in February 1997. Upon publication, EPA will reschedule the
public hearings for the FCP redesignation. We will also notify the public of the times and
locations of these public hearings and the close of the public comment period by means of
notices in newspapers for the general area and in the Federal Register.


If you have any further questions or comments, please feel free to contact me or have your staff
contact Marc Radell at (312) 886-7948.


Sincerely yours,

/s/

Bertram C. Frey
for Gail C. Ginsberg,
Regional Counsel


cc:
George Meyer
Wisconsin Department of Natural Resources


Dennis Drake
Michigan Department of Environmental Quality