Current through Register Vol. 24-06, March 15, 2024
(1)
Designation.
(a) Lands within the exterior boundaries of
Indian reservations may be proposed for redesignation by an Indian governing
body or EPA. This restriction does not apply to nontrust lands within the 1873
Survey Area of the Puyallup Indian Reservation.
(b) All areas of the state must be designated
either Class I, II or III.
(i) The following
areas are the Class I areas in Washington state:
(A) Alpine Lakes Wilderness;
(B) Glacier Peak Wilderness;
(C) Goat Rocks Wilderness;
(D) Adams Wilderness;
(E) Mount Rainier National Park;
(F) North Cascades National Park;
(G) Olympic National Park;
(H) Pasayten Wilderness; and
(I) Spokane Indian
Reservation.1
(ii) All other areas of the state are Class
II, but may be redesignated as provided in subsections (2) and (3) of this
section.
1. EPA redesignated this
land based on a request from the Spokane Tribal Council. See
40 C.F.R.
52.2497 and 56 FR14862, April 12, 1991, for
details.
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(2)
Restrictions on area
classifications.
(a) Except for the
Spokane Indian Reservation, the Class I areas listed in subsection (1) of this
section may not be redesignated.
(b) Except as provided in (a) of this
subsection, the following areas that exceed 10,000 acres in size may be
redesignated as Class I or II:
(i) Areas in
existence on August 7, 1977:
(A) A national
monument;
(B) A national primitive
area;
(C) A national
preserve;
(D) A national wild and
scenic river;
(E) A national
wildlife refuge;
(F) A national
lakeshore or seashore; or
(G) A
national recreation area.
(ii) Areas established after August 7, 1977:
(A) A national park;
(B) A national wilderness area; or
(C) Areas proposed by ecology for designation
or redesignation.
(3)
Redesignation of area
classifications.
(a) Ecology shall
propose the redesignation of an area classification as a revision to the
SIP.
(b) Ecology may submit to EPA
a proposal to redesignate areas of the state as Class I or II if:
(i) Ecology followed the public involvement
procedures in WAC
173-400-171(12);
(ii) Ecology explained the reasons for the
proposed redesignation, including a description and analysis of the health,
environmental, economic, social, and energy effects of the proposed
redesignation;
(iii) Ecology made
available for public inspection at least thirty days before the hearing the
explanation of the reasons for the proposed redesignation;
(iv) Ecology notified other states, tribal
governing bodies, and federal land managers (as defined in
40 C.F.R.
52.21(b)(24) ) whose lands
may be affected by the proposed redesignation at least thirty days prior to the
public hearing;
(v) Ecology
consulted with the elected leadership of local governments in the area covered
by the proposed redesignation before proposing the redesignation; and
(vi) Ecology followed these procedures when a
redesignation includes any federal lands:
(A)
Ecology notified in writing the appropriate federal land manager on the
proposed redesignation. Ecology allowed forty-five days for the federal land
manager to confer with ecology and to submit written comments.
(B) Ecology responded to any written comments
from the federal land manager that were received within forty-five days of
notification. Ecology's response was available to the public in advance of the
notice of the hearing.
(I) Ecology sent the
written comments of the federal land manager, along with ecology's response to
those comments, to the public location as required in WAC
173-400-171(2)(a).
(II) If ecology disagreed with the federal
land manager's written comments, ecology published a list of any inconsistency
between the redesignation and the comments of the federal land manager,
together with the reasons for making the redesignation against the
recommendation of the federal land manager.
(c) Ecology may submit to EPA a
proposal to redesignate any area other than an area to which subsection (1) of
this section applies as Class III if:
(i) The
redesignation followed the public involvement requirements of WAC
173-400-171 and
173-400-118(3);
(ii) The redesignation has been specifically
approved by the governor of Washington state, after consultation with the
appropriate committees of the legislature if it is in session, or with the
leadership of the legislature, if it is not in session;
(iii) The redesignation has been approved by
local governments representing a majority of the residents of the area to be
redesignated. The local governments enacted legislation or passed resolutions
concurring in the redesignation;
(iv) The redesignation would not cause, or
contribute to, a concentration of any air contaminant which would exceed any
maximum allowable increase permitted under the classification of any other area
or any National Ambient Air Quality Standard; and
(v) A PSD permit under WAC
173-400-720 for a new major
stationary source or major modification could be issued only if the area in
question were redesignated as Class III, and material submitted as part of that
application was available for public inspection prior to any public hearing on
redesignation of the area as Class III.
Statutory Authority:
Chapter
70.94 RCW. 12-24-027
(Order 11-10), § 173-400-118, filed 11/28/12, effective 12/29/12.
Statutory Authority:
RCW
70.94.152. 05-03-033 (Order 03-07), §
173-400-118, filed 1/10/05, effective 2/10/05. Statutory Authority:
Chapter
70.94 RCW,
RCW
70.94.141, [70.94.]152,[70.94.]331 ,
[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-118, filed
8/15/01, effective 9/15/01.