Section 326 IAC 2-2-13 - Area designation and redesignationAuthority: IC 13-14-8; IC 13-17-3
Affected: IC 13-15; IC 13-17
Sec. 13.
(a) All of the following areas that were in existence on August 7, 1977, shall be Class I areas and shall not be redesignated:(2) National wilderness areas that exceed five thousand (5,000) acres in size.(3) National memorial parks that exceed five thousand (5,000) acres in size.(4) National parks that exceed six thousand (6,000) acres in size.(b) The following shall apply to area designations:(1) Areas that were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this section.(2) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section.(3) The following areas may be redesignated only as Class I or II:(A) An area that as of August 7, 1977, exceeded ten thousand (10,000) acres in size and was a:(ii) national primitive area;(iv) national recreational area;(v) national wild and scenic river;(vi) national wildlife refuge; or(vii) national lakeshore or seashore.(B) A national park or national wilderness area established after August 7, 1977, that exceeds ten thousand (10,000) acres in size.(c) The following shall apply to area redesignations:(1) All areas, except as otherwise provided under subsection (a), are designated Class II as of December 5, 1974. Redesignation, except as otherwise precluded by subsection (a), may be proposed by the department or Indian governing bodies, as provided in this section, subject to approval by U.S. EPA as a revision to the applicable state implementation plan.(2) The department may submit to U.S. EPA a proposal to redesignate areas of the state Class I or Class II provided the following: (A) At least one (1) public hearing has been held in accordance with procedures established in 40 CFR 51.102 *.(B) Other states, Indian governing bodies, and federal land managers whose lands may be affected by the proposed redesignation were notified at least thirty (30) days prior to the public hearing.(C) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the:(v) energy effects; of the proposed redesignation, was prepared and made available for public inspection at least thirty (30) days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion.
(D) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the department has provided written notice to the appropriate federal land manager and afforded adequate opportunity, not in excess of sixty (60) days, to confer with the department respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any federal land manager had submitted written comments and recommendations, the department shall have published a list of any inconsistencies between such redesignation and such comments and recommendations together with the reasons for making such redesignation against the recommendation of the federal land manager.(E) The department has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.(3) Any area other than an area under subsection (a) may be redesignated as Class III if the following occurs: (A) The redesignation would meet the requirements of subdivision (2).(B) The redesignation, except a redesignation established by an Indian governing body, has been specifically approved by the governor, 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 and if general purpose units of local government representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the redesignation.(C) The redesignation would not cause, or contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard.(D) Any permit application for any major stationary source or major modification, subject to review under section 5(c) of this rule, that could receive a permit under this rule only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.(4) Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian governing body. The appropriate Indian governing body may submit to U.S. EPA a proposal to redesignate areas Class I, Class II, or Class III provided the following:(A) The Indian governing body has followed procedures equivalent to those required of the department under subdivisions (2), (3)(C), and (3)(D).(B) Such redesignation is proposed after consultation with the state or states in which the Indian reservation is located and that border the Indian reservation.(5) If U.S. EPA disapproves a proposed redesignation, the classification of the area shall be that which was in effect prior to the redesignation that was disapproved.(6) If U.S. EPA disapproves any proposed redesignation, the department or Indian governing body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by U.S. EPA. *This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Air Pollution Control Board; 326 IAC 2-2-13; filed Mar 23, 2001, 3:03 p.m.: 24 IR 2426; errata filed Dec 12, 2002, 3:30 p.m.: 26 IR 1565; filed Aug 26, 2004, 11:30 a.m.: 28 IR 19