Working with State and Federal Regulatory and Land Management Agencies

Trent WickmanUSDA Forest Service

Eastern Region, Lakes States

Who are the Federal Land Managers? (FLMs)

• USDA Forest Service – Class I Wildernesses on National Forests

• National Park Service - Class I National Parks

• US Fish and Wildlife Service - Class I Wildernesses on National Wildlife Refuges

Similar Roles? - FLM and Tribes

• The FLM has “an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Administrator, whether a proposed source or modification will have an adverse impact on such values.” (40 CFR 52.21(p)(2))

Who’s Coming to the Party?

What type of permit action or environmental review is required?

• State or Federal EIS• Clean Air Act– PSD/NSR– Title V– SIP Action

• Regional Haze• Nonattainment

– State Requirements?• Air Toxics

Who has the Lead?

• State or Federal EIS – the responsible governmental

unit (RGU)– Cooperating agency– Co-leads

• Clean Air Act– Permitting agency (state/local)

with oversight by EPA (state)

Who has the Lead?

• State or Federal EIS – BLM, Army Corps of Engineers,

State• Clean Air Act– Permitting agency (state/local)

with oversight by EPA (state)

Who Else is There?

• Other Federal Agencies– FLMs (Forest Service, Park

Service, Fish and Wildlife Service)– Other state departments

(DNR vs air agency)• Tribes• Company and its consultants• 3rd Party Contractors for State• NGOs/Environmental Groups

How?

• Bottom Up or Top Down?– Do you talk to the staff or the commissioner?

• Formal or Informal?– Written letter, email, phone call, hallway

conversation• Raise and address issues as early as possible– Well before public notice– Get involved before the application comes in– Watch the news

FLM-Specific Notification

• 40 CFR 52.21(p)(1) - FLMs must be notified by the permitting agency in writing of any PSD permit application that “may affect” a Class I area: – within 30 days of receipt of a permit application

• does not necessarily need to be “complete”

– and at least 60 days prior to any public hearing– must include: AQRV analyses, public notice

materials, fact sheets and all supporting information.

FLM-Specific Notification

• Also the permitting agency must notify the FLMs within 30 days of receipt of any advanced notification of a PSD application.

• This is a good model for tribes too

How?• Maintain continuing conversation with agency• Once you decide to engage - engage completely – make this a top priority– be consistent in attending meetings/calls – meet all review and comment deadlines– Entire process can take 6 months to 2 years– Being a credible player in the process takes time,

energy, and resources!– It takes time to build respect and credibility with the

regulatory agencies

How?• Be strategic in your review– Focus on sources that rank high on your Q/d list– When reviewing a permit, focus on just the

largest emitting units• Be aware of public sentiment/politics– Develop your key message(s) in advance

• Work with like-minded partners

How?• Network, network, network– Agencies, tribes, NGOs, Industry– People move around

• Personal Relationships Count!

Don’t Forget the Regulated Parties

• Look around, who are the important industries that may affect the land you are managing– get an emission inventory from

EPA/state– Calculate Q/d for all sources

and rank• Don’t forget surrounding

states/countries

Don’t Forget the Regulated Parties

• Some are sources are ubiquitous across the US (EGUs) but some are regional (taconite mining in MN)

Don’t Forget the Regulated Parties

• Become familiar with your important industries– Go on a tour– Attend trade shows– Join professional organizations

Don’t Forget the Regulated Parties

• If you know something about your industries you: – can provide better comments on permits – better understand the motivation behind actions

they are taking now and in the future