WAC 173-400-118
Designation of Class I, II, and III
areas. (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 CFR 52.2497 and 56 FR 14862,
April 12, 1991, for details.
(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;
(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 CFR 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.