  SEQ CHAPTER \h \r 1

   DATE:	December 11, 2006

SUBJECT:	Forest County Potawatomi Prevention of Significant
Deterioration

	Class I Redesignation; State of Wisconsin - AR Index Update

	[EPA-R05-OAR-2004-WI-002; FRL-]

   FROM:	Constantine Blathras

	Environmental Engineer (6-0671)

     TO:	File Room flies

The following is a working list of documents pertaining to the Forest
County Potawatomi (FCP) request for a Class I redesignation for
Prevention of Significant Deterioration (PSD) purposes.

1. Index of documents pertaining to the FCP request for a Class I
redesignation; memorandum from Constantine Blathras to File room files.

2. February 14, 1995; letter with attachments from Al Milham, FCP Tribal
Chairman to Valdas Adamkus, Regional Administrator, USEPA Region 5,
requesting USEPA to redesignate portions of FCP lands from Class II to
Class I for PSD purposes.  The attachments to the above mentioned letter
include: Part A- Initiation by Tribal Government, Part B- Tribal Class
I area issues and guidance, Part C- State-Federal Agency consultation,
Part D- Public hearing, Part E- Comments and responses to comments,
Part F- Local Governmental units consultation; public workshop,
Part G-Management issues.  The submittal also included the August 1994,
FCP PSD Class I Area Redesignation Technical Report.  The Tribal public
hearings and meetings with local governments were videotaped, and the
video cassettes (4) were submitted to USEPA as part of the submittal;
tape (1) State consultation 3/94, tape (2) State consultation 3/94, tape
(3) Class I air meeting local government consultation 12/13/94,
2:00-4:00, tape (4) public hearing 9/29/94.

3. June 14, 1995; letter with attachments from Al W. Milham, Tribal
Chairman to David Kee, Air and Radiation Division Director, USEPA Region
5, submitting documents as supplementary guidance to the tribe’s
proposal.  Package includes an independent modeling analysis that
predicts the energy and economic impacts of the established air quality
related values.

4. June 29, 1995; Federal Register notice (60 FR 33779) proposing
approval of the redesignation of the FCP Community to a PSD Class I area
[WI53-01-5914].

5. August 7, 1995; Federal Register notice (60 FR 40139) postponing the
public hearing which was to be held on August 2, 1995, in Carter,
Wisconsin, and extending the public comment period indefinitely
[WI53-02-7129].

6. July 10, 1997; Federal Register notice (62 FR 37007) for two
informational meetings and public hearings on the FCP redesignation
request, and establishing a new close to the public comment period of
September 15, 1997, [WI53-03-7301].

7. Transcripts of oral public comments received during the two public
hearings and comment cards and hearing documents received on the FCP
redesignation on August 12, 1997, in Carter, Wisconsin, and August 13,
1997, in Rhinelander, Wisconsin.  In addition, materials from public
information meeting held immediately prior to the public hearings.

8. Written comments received during the public comment period, which
closed on September 15, 1997, on the FCP redesignation.

9. Correspondence from the Wisconsin Department of Natural Resources
(WDNR) regarding the proposed FCP redesignation. [see attachment A]

10. Correspondence from the State of Wisconsin regarding the proposed
FCP redesignation. [see attachment B]

11. Correspondence from the FCP regarding the proposed FCP
redesignation. [see attachment C]

12. Correspondence from the Michigan Department of Natural Resources and
the State of Michigan regarding the proposed FCP redesignation. [see
attachment D]

13. Correspondence from United States Congressional members and State
Legislative members. [see attachment E]

14. Correspondence from USEPA. [see attachment F]

15. Geographic maps of Forest County Potawatomi lands to be
redesignated.  The file contains four maps submitted by the FCP of
varying scale and features which show the parcels that the FCP propose
to have redesignated.  In no order of significance, are

Map (1) USDA, Forest Service map of the Nicolet National Forest,
Wisconsin, 1986 printing, showing FCP redesignation proposed areas in
red, approximate map size is 2'8"w x 3'11"h;

Map (2) FCP, Proposed Class I Boundary, highlighted redesignation
boundary and parcels not being proposed for redesignation, approximate
map size is 2'1"w x 1'6"h.

Map (3) FCP, Ownership Status, trust, allotment, fee designations,
approximate map size is 3'4"w x 2'4"h.

Map (4) USDA, Forest Service map of the Nicolet National Forest,
Wisconsin, 1984 printing, showing FCP parcels in violet purple.  This
map was hung on a wall at the Rhinelander, Wisconsin, public hearing on
August 13, 1997, by a FCP representative.  The map was then submitted to
USEPA to be placed in the FCP file, approximate map size is 2'8"w x
3'11"h.

16. Requests for information under the Freedom of Information Act for
materials pertaining to the FCP redesignation. [see attachment G]

17. Index of comments received during the public comment period, closed
on September 15, 1997, on the FCP redesignation. [see attachment H]

18. Correspondence from other Federal agencies. [see attachment I]

19. Correspondence and documents pertaining to USEPA contracted dispute
resolution negotiation facilitator pursuant to Section 164(e) of the
CAA. [see attachment J]

20. Correspondence received from public on the FCP redesignation issue
[see attachment K]

21. Background material such as news releases, fact sheets, testimony,
and press clippings.

22. Guidance list

-(1) Tribal Authority Rule published in the Federal Register February
12, 1998, (63 FR 7253)

-(2) Advanced Notice of Proposed Rulemaking FR on non-Federal Class I
areas

-(3a) Yavapai Apache FR redesignating lands to Class I (61 FR 56461)

-(3b) Yavapai Apache FR announcement of dispute resolution
(61 FR 56450)

-(4) USEPA New Source Review Workshop Manual, Draft October 1990

-(5) Guidance on docket preparation

-(6) USEPA Indian policy

-(7) Presidential Executive Order

-(8) PSD/NSR proposed rule (61 FR 38250)

-(9) Part 71 FR

	-(10) General guidance documents on Class I areas

23. Correspondence requesting transcripts of the FCP public hearings on
August 12 and 13, 1997.

24. FCP land title documents [see 18. Attachment I].

25. Class I Final Agreement, between the State of Wisconsin and The
Forest County Potawatomi Community, recognized by the United States
Environmental Protection Agency, concerning Class I Designation of the
Forest County Potawatomi Reservation under the Clean Air Act.

26. Procurement requests and purchase orders

27. Wisconsin State Assembly and National Governors Association
materials

28. Filed items- miscellaneous

29. Electronic mail correspondence and inter-agency memoranda.

30. Dispute Negotiation Resolution under Section 164(e) of the Clean Air
Act regarding Wisconsin.

31. Dispute Negotiation Resolution under Section 164(e) of the Clean Air
Act regarding Michigan.

Attachment A

Correspondence from the Wisconsin Department of Natural Resources

1. February 23, 1994; letter from Donald F. Theiler, WDNR, to David Kee,
EPA, subject: WDNR requesting policy on the option of Indian
reservations to establish AQRV’s, determination of who the Federal
Land Manager of an Tribal Class I area would be, and the redesignation
of Indian reservations to Federal Class I status.

2. June 2, 1994; letter from George Meyer, WDNR, to Valdas Adamkus, EPA,
subject: request for a legal opinion on whether Indian reservations that
are redesignated are considered Federal Class I areas or non-Federal
Class I areas, and whether AQRV’s are applicable to Indian
reservations redesignated to Class I.

3. September 28, 1994; letter from George Meyer, WDNR, to Al Milham,
FCP, subject: comments on PSD Class I redesignation proposal.

October 12, 1994; letter from Martin Burkholder, WDNR, to Al W.. Milham,
FCP, subject: technical comments on review of Tribe’s PSD Class I
support document.

4. November 3, 1994; letter from George Meyer, WDNR, to Susan A. Lang,
Nanik Window Coverings Group, subject: reply letter on FCP Class I
redesignation request.

5. November 22, 1994; letter from Donald F. Theiler, Director, Bureau of
Air Management to Al Milham, Tribal Chairman, FCP Community, subject:
redesignation of Tribal Land to PSD Class I.

6. December 2, 1994; letter from Marty Burkholder, WDNR, to Christine
Hansen, FCP, subject: FCP Information meeting on redesignation.

7. December 16, 1994; letter from George Meyer, WDNR, to John F.
Michler, McDEVCO, Inc., subject: economic and energy concerns with a
Class I redesignation of FCP.

8. January 9, 1995; letter from Donald F. Theiler to James Buchen,
Wisconsin Manufacturers & Commerce, subject: clarification of FCP
redesignation to only lands of FCP.

9. January 9, 1995; letter from Donald F. Theiler to Chesley P. Erwin,
Jr., Esq., Environmental Information Services, subject: clarification of
FCP redesignation to only lands of FCP.

10. January 17, 1995; letter from Donald F. Theiler to Russell J.
Harding, Deputy Director, MDNR, subject: Class I public information
meetings.

11. January 17, 1995; letter from Donald F. Theiler to Al Milham, FCP
Chairman, subject: Class I information meeting/ memorandum of
understanding.

12. January 17, 1995; letter from Donald F. Theiler to Valdas Adamkus,
Regional Administrator, Region 5, subject: Class I public information
meetings.

13. January 27, 1995; letter from Donald F. Theiler to Gary Gulezian,
Chief, Air Toxics and Radiation Branch, ARD, subject: February 1, 1995,
Class I Informational Meetings.

14. February 3, 1995; letter from Donald F. Theiler to Gary Gulezian,
subject: request for Congressional letters-FCP Class I redesignation.

15. February 28, 1995; letter from George Meyer, Secretary, WDNR to Al
Milham, FCP Tribal Chairman, subject: draft Memorandum of Understanding.

16. March 9, 1995; letter from Donald F. Theiler, WDNR to Dennis Drake,
Chief, Air Quality Division, MDNR, subject: FCP-Memorandum of
Understanding.

17. March 24, 1995; letter from Donald F. Theiler, WDNR to Al Milham,
FCP Tribal Chairman, subject: Consultation meeting- Class I memorandum
of understanding.

18. April 7, 1995; letter from Donald F. Theiler, WDNR to Al Milham, FCP
Tribal Chairman, subject: Department comments- Potawatomi February 9,
1995, draft memorandum of understanding.

19. April 28, 1995; letter from Al Milham, FCP Chairman, Brian Brady,
District Supervisor, MDEQ, and Gary Gulezian, USEPA Region 5, (notice:
letter has place for but not signed by Donald F. Theiler, WDNR) to Tommy
Thompson, Governor, State of Wisconsin, subject: status of negotiations
on the memorandum of understanding.

20. May 26, 1995; letter from Robert T. Dumke, Director, WDNR Bureau of
Research, to Christine Hansen, FCP, subject: assistance in the
development of a study to better understand the impacts of atmospheric
deposition on lake ecosystems.

21. August 8, 1997; letter from Marty Burkholder, WDNR to Gordon Connor,
Nicolet Hardwoods Corp., subject: proposed FCP redesignation comments
procedures.

22. August 8, 1997; letter from George Meyer, WDNR, to Carlton Nash,
RDS, subject: Comments submitted on the proposed FCP redesignation
during the public comment period.

23. September 9, 1997; letter from George Meyer, WDNR to Carl Nash, RDS,
subject: Comments submitted on the proposed FCP redesignation during the
public comment period.

24. August 12, 1998; letter from George Meyer, WDNR to Stephen
Rothblatt, ARD, subject: State of Wisconsin issues for FCP Class I
redesignation.

25. September 3, 1998; letter from George Meyer, WDNR, to Steve
Rothblatt, ARD, subject: request a court reporter not be present at next
dispute meeting.

26. September 16, 1998; letter from George Meyer, WDNR, to Alice
Shorett, Triangle Associates, Inc., subject: review of draft issues
topics for discussion under 164(e) dispute meeting.

27. October 1, 1998; letter from Michael Scott, WDNR counsel, to Barbara
Wester, ORC, subject: role of Marty Burkholder in dispute negotiation
and protocol for contact between program staff.

28. October 15, 1998; letter from Michael D. Scott, WDNR counsel, to
Barbara Wester, ORC, subject: clarification of issues raised during
September 2, 1998, dispute meeting and use of an official note taker at
the next meeting.

29. October 27, 1998; electronic mail message from Marty Burkholder,
WDNR to Constantine Blathras, EPA, subject: notice that the October 27,
1998, letter form George Meyer to Steve Rothblatt and Harold Frank,
represents the State’s response to the October 23, 1998, letter from
Steve Rothblatt to George Meyer.

30. October 27, 1998; letter from George Meyer, WDNR to Stephen
Rothblatt, and Howard (sic) [Harold] Frank, Vice-Chairman FCP, subject:
State remains fully committed to the dispute resolution process that had
begun under Section 164(e).

31. November 9, 1998; letter from George Meyer, WDNR, to David Ullrich,
ARA, subject: State-Tribal discussions and dispute resolution process.

32. November 24, 1998; letter from George Meyer, WDNR, to Alice Shorett,
Triangle Associates, Inc., subject: State comments on draft 11/16/98
Class I meeting notes.

33. February 12, 1999; letter from George Meyer, WDNR, to Phillip
Shopodock, FCP, subject: Governor would like to move forward with the
concepts as contained in the agreement in principle document.

34. March 19, 1999; letter from Martin Burkholder, WDNR, to Alice
Shorett, Triangle Associates, Inc., subject: FCP Class I agreement
contents.

35. March 26, 1999; letter from Martin Burkholder, WDNR, to Alice
Shorett, Triangle Associates, Inc., subject: comments on FCP proposed
changes to Class I agreement.

36. March 30, 1999; letter from Martin Burkholder, WDNR, to Alice
Shorett, Triangle Associates, Inc., subject: comments on March 24, 1999,
draft Class I final agreement.

37. April 1, 1999; letter from George Meyer, WDNR, to Alice Shorett,
Triangle Associates, Inc., subject: delegating Marty Burkholder and Mike
Scott as the State’s drafting team with full authority to complete a
draft agreement within the parameters in the February 3, 1999, agreement
in principle document.

38. April 19, 1999; letter from Marty Burkholder, WDNR, to Alice
Shorett, Triangle Associates, Inc., subject: April 8, 1999, Class I
drafting session summary.

Attachment B

Correspondence from the State of Wisconsin

1. December 7, 1994; letter from Secretary James Klauser, Dept. of
Administration, Sec. George Meyer, WDNR, Sec. Charles Thompson, Dept. of
Transportation, and Sec.-Designate William McCoshen, Dept. of
Development to Valdas V. Adamkus, USEPA Region 5, Regional
Administrator, subject: concern on identification and establishment of
AQRV’s, and specification of the roles and responsibilities of the
government parties involved in implementing the PSD Class I program.

3. December 7, 1994; letter from Secretary James Klauser, Dept. of
Administration, Sect. George Meyer, Dept. of Natural Resources, Sect.
Charles Thompson, Dept. of Transportation, Secretary-designate William
McCoshen, Dept. of Development, subject: FCP Class I redesignation,
identification of AQRV’s and roles and responsibilities.

4. December 9, 1994; letter from Tommy Thompson, Governor of Wisconsin
to Carol Browner, Administrator, subject: concern over request of FCP to
have its lands redesignated to Class I.

February 8, 1995; letter from Tommy Thompson, Governor of WI, to Carol
Browner, Administrator, USEPA, subject: desire for Memorandum of
Understanding and definition of Tribal land redesignation.

6. February 14, 1995; letter from Tommy Thompson, Governor of WI, to
Carol Browner, Administrator, USEPA, subject: Memorandum of
Understanding, air quality related values.

5. June 8, 1995; letter from Tommy Thompson, Governor of WI and John
Engler, Governor of MI, to Carol Browner, Administrator, USEPA, subject:
formally and officially registering their objection to the proposed
Class I redesignation.

2. October 27, 1995; letter from Tommy Thompson, Governor of Wisconsin,
and John Engler, Governor of Michigan, to Carol Browner, Administrator,
USEPA, subject: request that USEPA adopt rules regarding Class I
redesignation, and establish procedures for dispute resolution.

7. January 9, 1996; letter from Tommy Thompson, Governor of WI, and John
Engler, Governor of MI, to Carol Browner, USEPA Administrator, subject:
request a meeting to further discuss USEPA reply to their concerns.

8. February 6, 1997; letter from Tommy Thompson, Governor of WI, and
John Engler, Governor of MI, to Mary Nichols, Assistant Administrator
for Air and Radiation, USEPA, subject: continue to oppose the
redesignation, EPA must first establish a dispute resolution process.

9. July 16, 1997; letter from Tommy Thompson, Governor of WI, to Mary
Nichols, Ast. Administrator for Air and Radiation, USEPA, subject:
resume dispute resolution process under section 164(e) of the CAA.  EPA
must promulgate adequate rules addressing all aspects of the
redesignation.  Disappointed that a meeting with the Administrator will
not be possible.

10. July 25, 1997; letter from Tommy Thompson, Governor of WI, to Philip
Shopodock, FCP Chairman, subject: request for a meeting between State
representative and FCP representative directly.

11. September 11, 1997; letter from Tommy Thompson, Governor of WI, to
Mary Nichols, Ast. Administrator, USEPA, subject: reaffirm the states
intent to invoke the dispute resolution authority under the CAA.

12. April 21, 1998; letter from Tommy Thompson, Governor of WI, to Mary
Nichols, Ast. Administrator, USEPA, subject: formally request that the
EPA Administrator enter into negotiations and make a recommendation to
resolve the dispute.  If the effort is unsuccessful, formally request
the Administrator to resolve the dispute as provided for under section
164(e).

13. July 27, 1998; letter from Tommy Thompson, Governor of WI, to David
Kee, ARD, subject: identification of Wisconsin’s lead negotiator for
dispute meeting and State negotiating team.

Attachment C

Correspondence from the Forest County Potawatomi

1. FCP Position paper- News Release Class I Redesignation by FCP Tribe.

2. Facsimile from Christine Hansen, FCP, to Constantine Blathras, ARD,
subject:  briefing information from FCP.

3. July 8, 1993; letter from Christine Boniface, FCP to John Haugland,
EPA, subject: submitting attached modification to FY94 work plan to
include the redesignation to Class I.

4. December 7, 1993; letter from Al Milham, FCP Tribal Chairman to
Valdas Adamkus, Regional Administrator, Region 5 USEPA, subject: intent
to request redesignation of FCP lands and schedule.

5. January 24, 1994; memorandum from Christine Boniface, FCP to David
Kee, ARD, subject: general question from FCP on redesignation to discuss
with EPA.

6. February 9, 1994; letter from Al Milham, FCP Tribal Chairman to
Valdas Adamkus, RA Region 5, subject: Notice of Redesignation request
and steps to redesignation.

7. February 9, 1994; letter from Al Milham, FCP Tribal Chairman to David
Kee, ARD, subject: Notice of Redesignation request and steps to
redesignation.

8. February 9, 1994; letter from Al Milham, FCP Tribal Chairman to Renee
Kuruc, subject: Notice of Redesignation request and steps to
redesignation.

9. March 29, 1994; agenda from FCP for meeting at FCP Tribal hall,
subject: FCP Community Air Redesignation Consultation Meeting
WDNR-USEPA-USFS-BIA.

10. May 12, 1994; letter from Al Milham, Tribal Chairman to Donald F.
Theiler, WDNR, subject: reply to WDNR’s request to join in a request
to EPA on a legal determination of non-Federal Class I areas and
AQRV’s.

11. August 26, 1994; letter from Al Milham, Tribal Chairman, subject:
Notice of public hearing and comment period.

12. August 29, 1994; Draft FCP Community PSD Class I Area Redesignation
Technical Report

13. January 25, 1995; letter from Al Milham to Jack Troyer, Forest
Supervisor, Nicolet-Chequamegon National Forest, subject: developing a
general agreement on air resource management studies.

14. January 26, 1995; letter from Brenda Thelen, Vice Chairperson, FCP
to Governor John Engler of Michigan, subject: timely and adequate
notification to the state of Michigan.

15. January 30, 1995; facsimile letter to Don Theiler, WDNR, subject:
decline invitation to participate in public information meetings on
Class I redesignation.

16. February 10, 1995; letter from Al Milham to George Meyer, Secretary
WDNR, subject: first draft Memorandum of Agreement.

17. March 17, 1995; letter from Al Milham to Valdas Adamkus, subject:
negotiation meeting regarding the proposed MOA.

18. April 3, 1995; letter from Al Milham to Constantine Blathras,
Environmental Engineer, ARD, subject: request from FCP to attend meeting
with FCP and US Forest Service staff.

19. April 5, 1995; facsimile from Christine Hansen, FCP to Gary
Gulezian, EPA, subject: attached memorandum from FCP on AQRV concerns.

20. April 6, 1995; facsimile from Christine Hansen, FCP to Gary Gulezian
and Robert Miller, ARD, subject: Meeting notice FCP, WDNR, USEPA, MDNR,
on Thursday, April 13, 1995.

21. April 21, 1995; letter from Al Milham to Valdas Adamkus, subject:
status of negotiation discussions on MOA with WDNR, MDEQ, and USEPA.

22. April 26, 1995; facsimile from Christine Hansen, FCP, to Robert
Miller, ARD, subject: Wisconsin State Assembly media advisory on
redesignation.

23. May 10, 1995; letter from Al Milham to Don Theiler, subject:
revision of AQRV’s from MOA subsequent to negotiation discussions.

24. May 15, 1995; letter from Al Milham to Don Theiler, subject:
clarification of item in May 10, 1995, letter and request to continue
negotiations.

25. May 22, 1995; letter from Al Milham to Valdas Adamkus, subject:
discussion of MOU status and the State of Wisconsin not signing and
intent to oppose redesignation.

26. June 12, 1995; facsimile from Christine Hansen, FCP, to Gary
Gulezian, ARD, subject: progress of negotiations State of Wisconsin-FCP
tribe Class I redesignation, response to WDNR comments-MOU.

27. June 13, 1995; facsimile from Christine Hansen, FCP, to Robert
Miller, ARD, subject: screening procedure and applicant guidance to
evaluate the effects of air pollution on FCP proposed Class I area.

28. June 14, 1995; letter from Al Milham to David Kee, Air and Radiation
Division Director, subject: submittal of supplementary guidance to the
Tribe’s proposed Class I redesignation request including an
independent modeling analysis that predicts the energy and economic
impacts of the established AQRV’s.

29. February 2, 1996; memorandum from Philip Shopodock, FCP Chairman and
Joseph Young, to Carol Browner, Administrator USEPA, subject:
chronological description of negotiations and events in the
redesignation process.

30. February 15, 1996; letter from Philip Shopodock, FCP Chairman, to
Carol Browner, EPA, subject: request a meeting with the Administrator
and staff I regards to the Class I redesignation proposal.

31. October 19, 1996; letter from Al Milham to Gail Ginsberg, Office of
Regional Counsel, subject: request an explanation and status report
regarding the FCP proposed redesignation.

32. July 18, 1997; letter from Philip Shopodock to Tommy Thompson,
Governor of WI, subject: Tribe will not enter into negotiations that
bring issues unrelated to the Class I PSD proposal.

33. September 15, 1997; letter from Harold Frank, FCP Vice Chairman, to
Carlton Nash, RDS, subject: FCP providing written comments on the
proposed Class I redesignation.

34. October 10, 1997; letter from Philip Shopodock, FCP Tribal Chairman
to Tommy Thompson, Governor of WI, subject: response to Governor’s
request to enter into negotiations on the proposed redesignation.

35. October 10, 1997; letter from Philip Shopodock, FCP Tribal Chairman
to Dick Wilson, Acting Assistant Administrator, Air and Radiation,
subject: request that USEPA continue rulemaking process on
redesignation, and Tribe’s willingness to negotiate with the States.

36. February 24, 1998; letter from Christine Hansen to Barbara Wester,
ORC, subject: documents relating to the trust land status of the FCP.

May 5, 1998; letter from Christine Hansen to Kathy Mullen, USEPA,
subject: final report for grant assistance number A 985401-01-0; Air
Pollution control special purpose monitoring project for FCP.

37. August 3, 1998; letter from Phillip Shopodock, FCP, to Stephen
Rothblatt, ARD, subject: notification of FCP lead negotiator for FCP
dispute and FCP negotiating team.

38. August 17, 1998; letter from Joseph Young, FCP counsel, to Stephen
Rothblatt, ARD, subject: FCP issues regarding proposed Class I
redesignation.

39. September 4, 1998; letter from Harold Frank, FCP, to Tommy Thompson,
WI Governor, subject: FCP declining invitation from State for a meeting
on September 18, 1998.

40. September 17, 1998; letter from Joseph Young, FCP counsel, to Alice
Shorett, Triangle Associates Inc., subject: draft topics for dispute
resolution and status of EPA lead negotiator.

41. September 23, 1998; letter from Joseph Young, FCP counsel, to
Stephen Rothblatt, ARD, subject: follow-up to dispute resolution
session.

42. October 21, 1998; letter from Harold Frank, FCP Vice-Chairman, to
David Ullrich, Acting Regional Administrator, subject: FCP concern with
State in dealing with the dispute process, and request a written
response of the State’s intent.  Attached is letter from Harold Frank
to the Administrator requesting the redesignation application be
completed, and the draft MOA between the State and Tribe.

43. December 3, 1998; letter from Joseph Young, FCP, to Alice Shorett,
Triangle Associates, Inc., subject: FCP comments on November 16, 1998,
draft meeting notes.

44. August 4, 1999; letter from Harold Frank, FCP, to Francis X. Lyons,
Regional Administrator, subject: FCP Class I redesignation, request the
Administrator to resolve the dispute between the Tribe and the State of
Michigan.

45. August 4, 1999; letter from Harold Frank, FCP, to Francis X. Lyons,
Regional Administrator, subject: FCP Class I redesignation, request EPA
to promulgate the Class I area into the FIP.  Tribe is not yet ready to
submit a TIP.

46. February 23, 2000; letter from Joseph Young, FCP, to
Stephen Rothblatt, APB, subject: State of MI request for continued
dispute resolution response.

47. March 8, 2000; description of FCP Reservation-PSD Class I Area, Lake
Lucerne Quadrangle map, map “A” as attached, and description of FCP
Reservation Wabeno/Blackwell/Carter area, map “B” as attached.

48. June 23, 2000; letter from Harold Frank, FCP, to Stephen
Rothblatt, subject: response to State of Michigan request for dispute
negotiation.

49. October 19, 2000; letter from Jeff Crawford, FCP Attorney General,
to Alice Shorett, Triangle Associates, Inc., subject: notice that FCP
have retained Arthur Harrington, Godfrey & Kahn, as counsel in dispute
negotiations.

50. October 23, 2000; letter from Arthur J. Harrington, Godfrey &
Kahn, counsel to FCP, to Benjamin Giwojna, USEPA, subject: notice of
representation and request to be place on mailing list.

51. December 4, 2000; letter from Harold Frank, FCP, to Stephen
Rothblatt, subject: conditions for meeting with Michigan regarding Class
I designation.

52. January 3, 2001; letter from Harold Frank, FCP to Stephen
Rothblatt, subject: dispute resolution team for FCP.

53. January 18, 2001; letter from Arthur J. Harrington, Godfrey &
Kahn, counsel to FCP, to Alice Shorett, Triangle Associates, Inc.,
subject: comments of the FCP to draft summary of the January 18, 2001,
session.

54. January 26, 2001; letter from Arthur J. Harrington, Godfrey &
Kahn, counsel to FCP, to Arthur R. Nash Jr., MDEQ, subject: proposal by
FCP.

55. February 9, 2001; facsimile from Authur Harrington, Godfrey & Kahn,
counsel to FCP, to Steve Rothblatt/Barbara Wester, EPA, subject:
modification to proposed final agreement.

56. February 12, 2001; letter from Al Milham, FCP, to Stephen Rothblatt,
subject: request for EPA determination to resolve dispute and adopt FCP
proposal on final determination.

57. March 12, 2001; letter from Arthur Harington, Godfrey & Kahn,
counsel to FCP, to Stephen Rothblatt, subject: FCP intent to submit
information to EPA under dispute negotiation.

58. March 19, 2001; letter from Al Milham, FCP, to Stephen Rothblatt,
subject:  FCP final comments and information on dispute resolution.

59. July 27, 2001; letter from Al Milham, FCP to Stephen Rothblatt,
subject:  request to discuss status of FCP redesignation request.

60.  December 28, 2001; letter from Al Milham, FCP to Stephen Rothblatt,
subject: request of status of FCP redesignation rulemaking.

61.  May 20, 2002; letter from Al Milham, FCP to Stephen Rothblatt,
subject: request of status of FCP redesignation rulemaking.

62.  August 22, 2002; letter from Al Milham, FCP to Stephen Rothblatt,
subject: request of status of FCP redesignation rulemaking.

63. January 3, 2003; letter from Al Milham, FCP to Stephen Rothblatt,
subject:  request a 90 day time period to enter into negotiations with
MI on the dispute.

64. November 24, 2003; letter from Al Milham, FCP to Stephen Rothblatt,
subject: FCP and MI could not reach an agreement on the dispute, request
EPA to finalize rulemaking and provide its status.

65. July 13, 2004; letter from Al Milham, FCP to Stephen Rothblatt,
subject:  follow-up from November 2003 correspondence requesting status
of rulemaking, and finalization of redesigation.

66. August 25, 2004; letter from Al Milham, FCP to Stephen Rothblatt,
subject:  response to August 11, 2004, letter from EPA on status and
requesting a face to face meeting with EPA.

67.  February 8, 2005; letter from Al Milham, FCP to Stephen Rothblatt,
subject:  response to January 24, 2005, letter from EPA regarding a
range of potential dates for a face to face meeting with EPA.

68.  April 19, 2006; faxed letter from Marc Lampkin, FCP counsel to
William Wehrum, EPA-OAR, subject:  request for meeting with EPA to
discuss Class I redesignation request.

69.  October 20, 2006; notice of citizen suit, from Al Milham, FCP to
Stephen Johnson, EPA Administrator.

70.  October 24, 2006, transmittal of copy of notice of intent from Art
Harrington, FCP outside counsel, to B. Wester, Office of Regional
Counsel.

Attachment D

Correspondence from the Michigan Department of Environmental Quality

and the State of Michigan

1. December 29, 1994; letter from Russell Harding, Deputy Director MDEQ,
to Al Milham, FCP Tribal Chairman, subject: MDEQ comments on the FCP
Class I redesignation project.

2. March 1, 1995; letter from Roland Harmes, Director MDEQ, to Brenda
Thelen, FCP Vice Chairperson, subject: MDEQ Region I office and District
2 office confirm on receipt of sufficient notice of the Tribal public
hearing.

3. March 31, 1995; letter from Dennis Drake, Acting Chief AQD, to Al
Milham, FCP Chairman, subject: MDEQ intent to participate with the Tribe
and the State of Wisconsin on the negotiation of a memorandum of
agreement.

4. April 28, 1995; letter from Brian Brady, District Supervisor, AQD, to
Al Milham, subject: comments on the draft memorandum of understanding.

5. July 31, 1995; letter from Scott Peterson and Russ Harding, MDNR, to
Carol Browner, EPA, subject: understanding that June 8, 1995, letter is
intended to enter into 164(e) dispute negotiations and request for
description of negotiation process.

6. November 15, 1996; letter from John Engler, Governor of MI, and Tommy
Thompson, Governor of WI, to Carol Browner, USEPA Administrator,
subject: discussion of meeting with Mary Nichols and State staff, and
reiterate request for a meeting with the Administrator.

7. February 2, 1997; letter from John Engler, Governor of MI, to
National Governors Association colleagues, subject: environmental
concerns including tribal redesignation.

8. September 10, 1997; letter from John Engler, Governor of MI, to Mary
Nichols, Assistant Administrator for Air and Radiation, subject: request
that adequate rules be promulgated on all aspects of the redesignation
before USEPA takes action on the proposal.

9. September 15, 1997; letter from Russell Harding, MDEQ to Carl Nash,
RDS; subject: Comments on the proposed FCP redesignation submitted
during the public comment period.

10. August 20, 1998; letter from Russell Harding, MDEQ, to David
Ullrich, ARA, subject: the State of Michigan does not intend to
participate in the dispute resolution process at this time.

11. December 22, 1999; letter from Russell Harding, MDEQ, to Stephen
Rothblatt, ARD, subject: request USEPA to schedule a meeting between FCP
and Michigan, as a continuation of the dispute negotiations under
164(e).

12. April 7, 2000; letter from Russell Harding, MDEQ, to
Francis X. Lyons, Regional Administrator, subject: response to
March 30, 2000, USEPA letter requesting MI intent for negotiations.
MI desires to continue negotiations with FCP.

13. April 25, 2000; letter from Russell Harding, MDEQ, to Stephen
Rothblatt, ARD, subject: response to March 30, 2000, USEPA letter with
list of issues for dispute resolution negotiations.

14. January 29, 2001; letter from Arthur R. Nash Jr., Deputy Director,
MDEQ, to Alice Shorett, Triangle Associates, Inc., subject: comments on
the draft meeting summary of January 9, 2001.

15. February 6, 2001; letter from Arthur R. Nash Jr., MDEQ, to Al
Milham, FCP, subject: review of final agreement as proposed by FCP and
MI suggested modifications.

16. March 16, 2001; letter from Russell J. Harding, MDEQ, to
Stephen Rothblatt, ARD, subject: MDEQ position on 164(e) resolution.

17. February 14, 2003; letter from Steven E. Chester, Director, MDEQ, to
Al Milham, FCP, subject: agree to request for negotiation on the
dispute.

Attachment E

Correspondence from United States Congressional Members

1. October 6, 1994; letter from Representative Toby Roth, to Robert W.
Hickmott, Associate Administrator, Congressional Liaison, EPA, subject:
relay concern expressed by constituent over the proposed Class I
redesignation.

2. October 7, 1994; letter from U.S. Representative Toby Roth with
October 5, 1994, letter from Richard Krawze, Pine river Lumber Company
Limited.

3. November 23, 1994; letter from Senator Herb Kohl, to Valdas Adamkus,
RA, subject: request for information on Tribe’s efforts to seek Class
I redesignation.

4. December 8, 1994; letter from Representative Toby Roth, to Valdas
Adamkus, RA, subject: relay concerns expressed by constituents over the
proposed Class I redesignation.

5. December 16, 1994; letter from Representative David Obey, to Carol
Browner, subject: relay concern expressed by constituents over the
proposed Class I redesignation.

6. March 13, 1995; letter from Senator Herb Kohl, to Valdas Adamkus, RA,
subject: request information on next steps in the process and
information on AQRVs.

7. April 27, 1995; letter from Senator Toby Roth, to Valdas Adamkus, RA,
subject:  request for information on areas to be affected by Class I and
statutory authority for affected area.

8. May 30, 1995; letter from Representative David Obey, to Carol
Browner, Administrator, subject: expressing concerns with the Class I
redesignation request submitted by the FCP.

9. June 30, 1995; letter from Representative David Obey, to Carol
Browner, subject:  request moving the hearing to a more neutral site or
conducting additional public hearings on redesignation.

10. July 10, 1995; letter from Representative David Obey, to Carol
Browner, subject:  support Governors’ request in invoking dispute
resolution under Section 164 of the CAA.

11. July 27, 1995; letter from Representative Toby Roth, to Valdas
Adamkus, subject: relay concerns and objections from the Governors of MI
and WI, and request a thorough study of the redesignation.

12. March 13, 1995; letter from Senator Herb Kohl, to Valdas Admakus,
subject: request info on the status of the redesignation and next steps
in the process.

13. May 8, 1995; memorandum from Jeri Gabrielson, Senator Feingold’s
office to David Kee, Division Director, subject: ending of MOU
conference due to Governor of WI withdrawing WDNR from the negotiations.

14. September 18, 1997; facsimile from Kira Dahlik, office of
Representative Tom Barrett, to Tom Dickerson, subject: copy of letter
with concerns on redesignation and request for status of rulemaking.

15. October 27, 1997; letter from Senator Russell Feingold to Philip
Hoffman, Congressional Liaison, Region 5 USEPA, subject: relay concerns
from constituent that a number of USEPA representative were designated
tribal specialists and were therefor biased to tribal arguments in the
redesignation.

Attachment F

Correspondence from the United States Environmental Protection Agency

1. March 23, 1994; letter from Robert Miller, Grants Management and
Program Evaluation Section, to Christine Boniface, FCP, subject:
discussion of Federal Class I areas, AQRV’s, permitting, and PSD.

2. July 26, 1994; memorandum from Gail Ginsberg, Regional Counsel, to
Valdas Adamkus, Regional Administrator, Attorney/Client Privilege,
subject: redesignation of American Indian Reservations as PSD Class I
areas.

3. July 27, 1994; letter from Valdas Adamkus, to George Meyer, WDNR,
subject: discussion of FCP intent to redesignate to Class I.

4. October 25, 1994; memorandum from Marc Radell, ORC, to Robert Miller,
ARD, Attorney/Client Privilege subject: review of comments to FCP
Community PSD Class I area redesignation.

5. October 26, 1994; letter from Valdas Adamkus, signed by Michelle
Jordan, to Honorable Toby Roth, House of Representatives, subject:
clarification of PSD class I, II, and III areas, and the FCP
redesignation status.

6. November 4, 1994; letter from Renee Kuruc, to Willliam Korrer, Jr.,
Oneida Co. Board of Supervisors, subject: description of a Class I area.

7. November 4, 1994; letter from Renee Kuruc, to Dorothy Kegley,
Northwoods Regional Development Group, subject: description of Class I
redesignation.

8. November 4, 1994; letter from Renee Kuruc, to Ronald Ostromecki,
Wausau Papers, subject: description of Class I redesignation.

9. November 4, 1994; letter from Renee Kuruc, to Theodore J. Penn,
Wisconsin Public Service Corp., subject: description of Class I
redesignation.

10. November 4, 1994; letter from Renee Kuruc, to Eugene Kamps, Langlade
Co. Board of Supervisors, subject: description of Class I redesignation.

11. November 4, 1994; letter from Renee Kuruc, to Arno Haering, North
Central Wisconsin Reigonal Planning Commission, subject: description of
Class I redesignation.

12. November 4, 1994; letter from Renee Kuruc, to Robert Sumnicht,
Lincoln Co. Clerk, subject: description of Class I redesignation.

13. November 4, 1994; letter from Renee Kuruc, to Brian Doudna, Oneida
County Economic Development Corp., subject: description of Class I
redesignation.

14. November 4, 1994; letter from Renee Kuruc, to Jerome Neis,
Rhinelander Paper Co., subject: description of Class I redesignation.

15. November 8, 1994; letter from Renee Kuruc, to R.J. Akey, Merrill Are
Development Corp., subject: description of Class I redesignation.

16. November 8, 1994; letter from Renee Kuruc, to Ken Black, Crandon
Mining Company, subject: description of Class I redesignation.

17. November 8, 1994; letter from Renee Kuruc, to Thomas Geiger, Lincoln
Co. Community Development Agency, subject: description of Class I
redesignation.

18. November 8, 1994; letter from Renee Kuruc, to John Michler, Marathon
Co. Development Corp., subject: description of Class I redesignation.

19. November 8, 1994; letter from Renee Kuruc, to Joe Wisniewski, Land
Conservation Vilas Co., subject: description of Class I redesignation.

20. November 8, 1994; letter from Renee Kuruc, to Neal Torney, Village
of Rothschild, subject: description of Class I redesignation.

21. November 8, 1994; letter from Renee Kuruc, to Susan Lang, Nanik,
subject: description of Class I redesignation.

22. November 8, 1994; letter from Renee Kuruc, to Carol Schweiger,
Packaging Corporation of America, subject: description of Class I
redesignation.

23. November 8, 1994; letter from Renee Kuruc, to Martin Burkholder,
WDNR, subject: description of Class I redesignation.

24. December 5, 1994; letter from David Kee, to Bridget Hagerty,
Rhinelander Area Chamber of Commerce, subject: clarification of AQRV
requirements for a Class I redesignation.

25. December 9, 1994; letter from Gary Gulezian, to Donald Theiler,
WDNR, subject:  discussion of roles and responsibilities in a Class I
redesignation.

26. December 20, 1994; letter from Valdas Adamkus, to Honorable Herb
Kohl, Senate, subject: PSD Class I redesignation background discussion
and of redesignation procedures.

27. December 28, 1994; letter from Valdas Adamkus, to James Klauser,
Secretary Department of Administration, subject: discussion of
identification and establishment of AQRV’s and specification of roles
and responsibilities of parties in implementing the PSD Class I program
in WI.

28. December 29, 1994; letter from Valdas Adamkus, to Representative
Toby Roth, subject: reply to constituents concerns on redesignation and
Class I PSD permitting.

29. December 29, 1994; facsimile from Robert Miller, to Dave Batchelor,
MDNR, subject: Notice of public hearing and comment period for FCP.

30. January 5, 1995; letter from Valdas Adamkus, to Representative David
Obey, subject: reply to constituents concerns on redesignation and Class
I PSD permitting.

31. January 12, 1995; letter from Renee Kuruc, to Brian Doudna, Oneida
Co. Economic Development Corp., subject: description of Class I
redesignation.

32. March 24, 1995; letter from Valdas Adamkus, to Senator Herb Kohl,
subject: reply to request for status of the FCP redesignation.

33. March 29, 1995; letter from Carol Browner, to Tommy Thompson,
subject: discussion of draft MOA and State’s possible withdrawal from
negotiations.

34. March 30, 1995; letter from Robert Miller, to Lorraine Seratti,
Wisconsin State Assembly, subject: thank you for the invitation to make
a presentation before the Wisconsin State Assembly’s committees on
redesignation issues.

35. March 31, 1995; letter from Gary Gulezian, ATRB to Jon S. Faletto,
Howard & Howard, subject: FOIA response.

36. May 15, 1995; letter from Valdas Adamkus to Representative Toby
Roth, subject: discussion of area to be affected under the proposed FCP
Class I redesignation.

37. May 16, 1995; letter from Valdas Adamkus to Dick Leffler, Alliance
of Northern States, subject: information on Class I redesignation.

38. May 31, 1995; letter from Robert B. Miller, PGS, to Phil Southworth,
subject:  response to concerns and questions on redesignation.

39. June 1, 1995; letter from David Kee, ARD, to George Wons, subject:
reply to letter received on FCP redesignation.

40. June 19, 1995; letter from Valdas Adamkus, EPA, to Representative
David Obey (WI), subject: address concerns of redesignation on growth
and technical support document.

41. July 12, 1995; letter from Robert Miller, PGS, to Mr. And Mrs.
Joseph Case, subject: response to concerns on redesignation.

42. July 13, 1995; memorandum from David LaRoche, EPA, to docket for FCP
Class I redesignation request, subject: July 6, 1995, meeting with Del
Davis, House Appropriations Committee Staff, regarding the FCP request
for redesignation to Class I.

43. July 13, 1995; letter from Robert Miller, PGS, to Doreen A. Lent,
subject: acknowledgment of comment letter.

44. July 17, 1995; letter from David Kee, ARD, to Robert E. Schmitz,
Wolf River Watershed Alliance, subject: acknowledgment of comment
letter.

45. July 19, 1995; letter from Valdas Adamkus to Representative David
Obey, subject: notification of receipt of the Governor’s June 8, 1995,
letter, and postponement of the public hearing.

46. July 25, 1995; letter from Constantine Blathras, to Gordon P.
Connor, Nicolet Hardwoods Corp., subject: acknowledgment of comment
letter.

47. July 26, 1995; letter from Constantine Blathras, to Stacey Burris,
subject: acknowledgment of comment letter.

48. July 28, 1995; letter from Carol Browner to John Engler, Governor of
MI, subject: acknowledgment of State registering its formal and official
dispute to the proposed FCP redesignation.

49. July 28, 1995; letter from Carol Browner to Tommy Thompson, Governor
of WI, subject: acknowledgment of State registering its formal and
official dispute to the proposed FCP redesignation.

50. July 29, 1995; letter from Constantine Blathras, to Lee Kusserow,
subject: acknowledgment of comment letter.

51. August 9, 1995; letter from Valdas Adamkus to Representative Toby
Roth, subject: acknowledge intent of Governors to invoke the dispute
authority under 164(e) of the CAA, and postponement of the public
hearing and end of public comment period.

52. August 10, 1995; letter from Constantine Blathras to Crandon Public
Library; addition of material to the public file on the proposed FCP
redesignation made available at the Crandon Public Library.

53. August 10, 1995; letter from Constantine Blathras, to Bill Kroll,
subject: acknowledgment of comment letter.

54. August 22, 1995; letter from Constantine Blathras, to Professor Paul
Friesesma, Northwestern University, subject: submitting additional
information on redesignation.

55. August 24, 1995; letter from Valdas Admakus to Russell Harding,
Deputy Director, MDNR, subject: acknowledge intent of June 8, 1995,
letter invoking dispute authority under section 164(e) of the CAA.

56. August 24, 1995; letter from Valdas Admakus to Scott Peterson,
Policy Adviser, WI Governor’s office, subject: acknowledge intent of
June 8, 1995, letter invoking dispute authority under section 164(e) of
the CAA.

57. November 29, 1995; letter from Valdas Adamkus to Tommy Thompson,
subject: reply to Governor’s request that USEPA adopt rules regarding
redesignation before proceeding with a determination on the FCP
redesignation.

58. November 29, 1995; letter from Valdas Adamkus to John Engler,
subject: reply to Governor’s request that USEPA adopt rules regarding
redesignation before proceeding with a determination on the FCP
redesignation.

59. February 27, 1996; letter from Robert Perciasepe, Assistant
Administrator, to George Meyer, Secretary WDNR, subject: discussion of
States’ concerns raised at the National Governors Association 1995
winter meeting.

60. July 16, 1996; letter from Carol Browner to John Engler, subject:
announce USEPA’s intent to publish an Advanced Notice of Proposed
Rulemaking that will address issues related to non-Federal Class I
areas.

61. July 16, 1996; letter from Carol Browner to Tommy Thompson, subject:
announce USEPA’s intent to publish an Advanced Notice of Proposed
Rulemaking that will address issues related to non-Federal Class I
areas.

62. November 22, 1996; letter from Gail Ginsberg, signed by Bertram
Frey, to Al Milham, subject: reply to a request for the status of
USEPA’s work on the rulemaking to redesignate the FCP reservation to
Class I.

63. December 13, 1996; letter from Mary Nichols to Tommy Thompson,
subject: reply to request for a meeting with the Administrator and to
delay final rulemaking until USEPA publishes rules on all aspects of the
redesignation.

64. December 13, 1996; letter from Mary Nichols to John Engler, subject:
reply to request for a meeting with the Administrator and to delay final
rulemaking until USEPA publishes rules on all aspects of the
redesignation.

65. June 9, 1997; letter from Robert Miller, PGS, to Russ Schmidt,
Mayor, City of Shawano, subject: acknowledgment of comment letter.

66. June 9, 1997; letter from Robert Miller, PGS, to Fred W. Kawalski,
subject: acknowledgment of comment letter.

67. June 16, 1997; letter from Mary Nichols to Tommy Thompson, subject:
notification of publication of the ANPR, and for further discussion of
issues not raises in the ANPR notice.

68. June 16, 1997; letter from Mary Nichols to John Engler, subject:
notification of publication of the ANPR, and for further discussion of
issues not raises in the ANPR notice.

69. June 23, 1997; letter from Robert Miller, to Sheriff Timothy G.
Miller, Oneida Co., subject: request for security for the public hearing
on August 13, 1997.

70. June 25, 1997; letter from Robert Miller, PGS, to Miles R. Stanke,
Mayor, City of Antigo, subject: acknowledgment of comment letter.

71. July 8, 1997; letter from Constantine Blathras, to Fred W. Kawalski,
subject: enclosing information on proposal and public hearings.

72. July 11, 1997; letter from Constantine Blathras, to Crandon Public
Library, subject: additional information to be included in file located
at library.

73. July 24, 1997; letter from Robert Miller, to Lt. Don Johnson,
Rhinelander Police Department, subject: hiring an officer to provide
additional security at public hearing.

74. August 7, 1997; letter from Mary Nichols to Tommy Thompson, subject:
reply to Governor’s intent to enter into negotiations with the FCP,
and USEPA will not delay the rulemaking process on the FCP
redesignation.

75. August 28, 1997; letter from David Ullrich, Acting RA, to Lorraine
Seratti, State Representative, subject: response to FOIA request for
attendance list from public hearing.

76. September 29, 1997; letter from David Ullrich, Acting Regional
Administrator, to Representative Thomas Barrett, subject: reply to
concerns of constituent and update of status of FCP redesignation.

77. October 14, 1997; letter from Richard Wilson, Acting Assistant
Administrator for Air and Radiation, to Tommy Thompson, subject:
clarification of the status of the dispute resolution process for the
FCP redesignation under 164(e) of the CAA.

78. November 10, 1997; letter from Richard Wilson, Acting Assistant
Administrator for Air and Radiation, to John Engler, subject:
clarification of the status of the dispute resolution process for the
FCP redesignation under 164(e) of the CAA.

79. November 12, 1997; letter from David Ullrich, Acting Regional
Administrator, to Sen. Russell Feingold, Wisconsin, subject: response to
letter from constituent concerning classification of USEPA staff at
public hearings.

80. February 26, 1998; letter from David Ullrich, signed by Robert
Springer, to Philip Shopodock, FCP Chairman, subject: request for
additional information pertaining to the status of the FCP land parcels
proposed to be redesignated.

81. March 16, 1998; letter from Barbara Wester, ORC, to June Evans,
Grand Portage Band of Chippewa, subject: request for copies of comments
on redesignation.

82. March 16, 1998; letter from Barbara Wester, ORC, to Maggie Jacobs,
Upper and Lower Sioux, subject: request for copies of comments on
redesignation.

83. March 16, 1998; letter from Barbara Wester, ORC, to Chris Berini,
Fond du Lac Band of Chippewa, subject: request for copies of comments on
redesignation.

84. March 19, 1998; letter from David Kee, signed by Steve Rothblatt, to
Herbert Nelson, Acting Area Director, Bureau of Indian Affairs,
Minneapolis Area Office, subject: request a written opinion on the legal
status of the FCP land parcels proposed to be redesignated to PSD Class
I.

85. June 17, 1998; letter from Richard D. Wilson, Acting Ast.
Administrator for Air & Radiation to Governor Thompson of Wisconsin,
subject: Continuation of dispute negotiations under 164(e), and
identification of representative authorized to negotiate on behalf of
State.

86. July 21, 1998; letter from David Ullrich, Acting Regional
Administrator to Governor Thompson of WI, subject: Resuming the dispute
negotiations with the State and the FCP, identification of
representative, list of issues, and date of initial meeting.

87. July 21, 1998; letter from David Ullrich, Acting RA to Governor
Engler of MI, subject: reference to the June 17, 1998, letter to WI,
requesting whether or not MI is interested in participating in the
dispute negotiations since declining to do so in a September 10, 1997,
letter.  Also, if State wishes to participate, identify its
representative, list of issues, and date of initial meeting.

88. July 21, 1998; letter from David Ullrich, Acting RA to Chairman
Shopodock of FCP informing them of WI’s intent to resume dispute
negotiations.  Also, requesting identification of its representative,
list of issues, and date of initial meeting.

89. August 26, 1998; letter from Stephen Rothblatt, ARD, to George
Meyer, WDNR, subject: notice of receipt of letters from State
designating lead negotiator and list of issues, and notice of dispute
meeting to be held on September 2, 1998, in Chicago, IL.

90. August 26, 1998; letter from Stephen Rothblatt, ARD, to Harold
Frank, FCP, subject: notice of receipt of letters from FCP designating
lead negotiator and list of issues, and notice of dispute meeting to be
held on September 2, 1998, in Chicago, IL.

91. August 28, 1998; letter from David Ullrich, ARA, signed by Robert
Springer, to John Engler, Governor of MI, notifying state of September
2, 1998, dispute meeting in Chicago, and Michigan’s September 10,
1997, letter expressing it will not participate in the dispute but would
attend as an observer.

92. September 1, 1998; letter from Barbara Wester, ORC, to Joy Van Zant,
WDNR, subject: enclosing July 29, 1998, docket index for the FCP
redesignation as requested by the State.

93. September 18, 1998; letter from Stephen Rothblatt, ARD, to George
Meyer, WDNR, subject: clarification of further actions to be taken by
EPA subsequent to the September 2, 1998, dispute meeting.

94. September 25, 1998; letter from Barbara Wester ORC, to Michael
Scott, WDNR counsel, subject: further actions to be taken by EPA
subsequent to the September 2, 1998, dispute meeting, and protocol for
discussion between State and EPA.

95. September 30, 1998; letter from Stephen Rothblatt, ARD to Alice
Shorett, Triangle Associates, Inc., subject: September 10, 1998, draft
topics for dispute resolution letter.

96. October 7, 1998; memorandum from Stephen Rothblatt, ARD to Robert
Perciasepe, Assistant Administrator, subject: provide status of dispute
resolution negotiation between State and FCP.

97. October 8, 1998; letter from Barbara Wester, ORC, to Michael Scott,
WDNR counsel, subject: issues to be raised for clarification from
September 2, 1998, dispute meeting and use of an official note taker.

98. October 23, 1998; letter from Stephen Rothblatt, ARD to George
Meyer, WDNR, subject: forwarding to the WDNR the FCP’s letter
requesting a written letter of intent from the State for the dispute
negotiations under 164(e).  Attached is October 21, 1998, FCP letter to
EPA.

99. October 30, 1998; letter from Stephen Rothblatt, ARD, signed by
Cheryl Newton, to Harold Frank, FCP, subject: forwarding the State of
Wisconsin’s response to the FCP’s request for a written letter of
intent under 164(e).  Attached is the State of Wisconsin’s response
letter and October 23, 1998, EPA letter to WI.

100. November 6, 1998; letter from Stephen Rothblatt, ARD, signed by
Cheryl Newton, to George Meyer, WDNR, and Joseph Young, FCP, subject:
EPA position on issues for discussion and resolution within the context
of the dispute resolution process.

101. April 2, 1999; letter from Stephen Rothblatt, ARD, signed by
Richard C. Carl, to Alice Shorett, Triangle Associates, Inc., subject:
EPA comments on February 3, 1999, “Negotiations Concept and Agreement
in Principle” document.

102. May 10, 1999; letter from Stephen Rothblatt, ARD, to Alice Shorett,
Triangle Associates, Inc., subject: response to the April 15, 1999,
summary of the April 8, 1999, negotiation drafting session.

103. August 23, 1999; letter from Francis X. Lyons, signed by Gail
Ginsberg, to Harold Frank, FCP, subject: reply to FCP letter concerning
dispute resolution with Michigan, and promulgation of redesignation in a
Federal Implemenation Plan.

104. October 20, 1999; letter from Stephen Rothblatt, ARD, to
George Meyer, WDNR, subject: sending the signed Final Agreement between
the State of Wisconsin and the FCP on the Class I redesignation.

105. October 20, 1999; letter from Stephen Rothblatt, ARD, to Joseph
Young, FCP, subject: sending the signed Final Agreement between the
State of Wisconsin and the FCP on the Class I redesignation.

106. October 20, 1999; letter from Stephen Rothblatt, ARD, to Alice
Shorett, Triangle Associates, Inc., subject: sending photocopy of the
signed Final Agreement between the State of Wisconsin and the FCP on the
Class I redesignation.

107. October 25, 1999; letter from Stephen Rothblatt, ARD, to Russell
Harding, MDEQ, subject: status of the 164(e) dispute negotiation and
enclosing the Final Agreement between the FCP and Wisconsin.

108. December 13, 1999; letter from Robert Miller, ARD, to Christine
Hansen, FCP, subject: description and cross-verification of the FCP
reservation parcels and submitted maps.

109. January 12, 2000; letter from Stephen Rothblatt, ARD, to Harold
Frank, FCP, subject: Michigan’s request that USEPA schedule a meeting
with the FCP and State of Michigan, as a continuation of the dispute
resolution process under 164(e).

110. March 30, 2000; letter from Francis X. Lyons, Regional
Administrator, to Governor John Engler, Michigan, subject: respond to
MDEQ letter and FCP proposal for a meeting to discuss redesignation.

111. June 19, 2000; letter from Stephen Rothblatt, to Harold Frank,
FCP, subject: respond to FCP letter reentering into negotiations with
Michigan, and a June 29, 2000, meeting.

112. June 19, 2000; letter from Stephen Rothblatt, to
Russell Harding, MDEQ, subject: respond to MDEQ letter requesting
negotiations, and a June 29, 2000, meeting.

113. June 29, 2000; letter from Stephen Rothblatt, to Russell Harding,
MDEQ, subject: forwarding FCP request to postpone June 29, 2000, meeting
to a later date.

114. December 28, 2000; letter from Stephen Rothblatt, to
Russell Harding, MDEQ, subject: forwarding FCP response for a meeting
and conditions for negotiation to MDEQ.

115. February 23, 2001; letter from Stephen Rothblatt, to Arthur Nash,
Jr., MDEQ, subject: termination of negotiations and request for final
comments.

116. February 23, 2001; letter from Stephen Rothblatt, to Al Milham,
FCP, subject: termination fo negotiations and request for final
comments.

117. March 6,2001; letter from Stephen Rothblatt, to Al Milham, FCP,
subject:  reply to FCP request to resolve dispute under Section 164(e).

118.  January 15, 2002; letter from Stephen Rothblatt, to Al Milham,
FCP, subject: reply to FCP request for status of FCP redesignation.

119.  June 12, 2002; letter from Stephen Rothblatt, to Al Milham, FCP,
subject: reply to FCP request for status of FCP redesignation.

120.  September 23, 2002; letter from Stephen Rothblatt, to Al Milham,
FCP, subject: reply to FCP request for status of FCP redesignation.

121. February 24, 2003; letter from Stephen Rothblatt, to Steven E.
Chester, MDEQ, subject: approving request to suspend rulemaking for
negotiations between MI and FCP.

122. July 31, 2003; letter from Stephen Rothblatt, to Al Milham, FCP,
subject:  request for update on status of negotiation between FCP and MI
on dispute.

123. June 30, 2004; letter from Pamela Blakley, to Brad Bernau, Sierra
Club, subject: response to June 10, 2004, Freedom of Information Request
for documents on the FCP redesignation.

124. August 11, 2004; letter from Stephen Rothblatt, to Al Milham, FCP,
subject: providing update on the rulemaking and requesting a conference
call to discuss status.

125.  January 24, 2005, letter from Stephen Rothblatt, to Al Milham,
FCP, subject: response to August 25, 2004, FCP letter requesting face to
face meeting to discuss status of Agency’s rulemaking.

126.  February 25, 2005, letter from Stephen Rothblatt, to Al Milham,
FCP, subject: response to February 8, 2005, FCP letter setting March 3,
2005, as the date for a face to face meeting in the Regional Office.

127.  March 3, 2005, list of attendees and summary of meeting on status
of EPA’s rulemaking on proposed FCP Class I redesignation request.

128.  May 18, 2006, summary of consultation meeting between EPA
Headquarters and FCP representatives in Washington, D.C., regarding
status of Tribe’s Class I request.

129.  June 27, 2006, summary of telephone consultation between EPA and
FCP regarding schedule for publication of the notice of proposed FIP and
for completing the remaining portions of the rulemaking.

130.  June 30, 2006, summary of telephone consultation between EPA and
FCP on the publication status of the proposed FIP Federal Register
notice.

131.  July 11, 2006, C. Newton conversation record with Kevin Kessler
(WDNR) and Vince Hellwig (MDEQ) regarding pending publication of EPA’s
notice of proposed FIP.

132.  July 17-18, 2006, summary of consultation meeting between FCP and
EPA on the Agency’s timeline for processing the Class I request and
bringing the rulemaking to closure.

133.  July 20, 2006, B. Wester conversation record with Mike Scott, WDNR
regarding update on FCP Class I redesignation rulemaking.

134.  August 25, 2006, Headquarters fact sheet on the FCP PSD Class I
redesignation.

135.  September 12, 2006, summary of OAQPS conference call with
Governors’ representatives on FCP Class I redesignation request.

136.  September 13, 2006, summary of OAQPS presentation on FCP Class I
Redesignation request at the Clean Air Act Advisory Committee
Subcommittee on Permits, New Source Review and Toxics Meeting.

137.  Clean Air Act Advisory Committee member list.

138.  September 26, 2006, summary of OAQPS presentation on FCP Class I
redesignation request at the Western States Air Resources Council
Meeting.

Attachment G

Requests for information under the Freedom of Information Act of

correspondence pertaining to the FCP redesignation

1. March 31, 1995; letter from Jon S. Faletto, Howard & Howard, to
Constantine Blathras, subject: follow-up to March 20, 1995, request for
a complete copy of FCP request, pertaining to copying of video cassettes
of hearings/meetings and maps.

2. May 3, 1995; letter from Richard Lewandowski, DeWitt Ross & Stevens,
to FOIA officer, subject: request for any documents related to Oneida,
Potawatomi, or Menominee tribes request to administer the CWA or CAA on
their reservations.

3. May 10, 1995; letter from Richard Lewandowski, DeWitt Ross & Stevens,
to Robert Miller, PGS Chief, subject: clarify previous request to tribal
Class I redesignation, in particular the FCP.

4. May 22, 1995; letter from Jon S. Faletto, Howard & Howard, to Betty
White, Chief, Finance and Accounting section Region 5, subject: request
to defer payment of billing statement until all items in FOIA,
particularly maps and cassettes, are delivered.

5. February 29, 1996; letter from Jon S. Faletto, Howard & Howard, to
Diane Gountanis, FOIA officer, subject: request all EPA correspondence
relating to the FCP redesignation, and all correspondence relating to
the dispute resolution under 164(e) of the CAA.

6. June 10, 2004; letter from Brad Bernau, Sierra Club, to FOIA officer,
subject: request copies of records relating to FCP redesignation.

Attachment J

Correspondence from RESOLVE/Triangle Associates, Inc. (EPA contractor)
for

Dispute Resolution negotiation

1. October 12, 1995; letter from Suzanne Orenstein, Vice President
RESOLVE, to Robert Miller, ARD, subject: name of four possible mediators
for assignment to the FCP dispute negotiation.

2. October 30, 1995; facsimile from Morrissa Young, RESOLVE, to Deborah
Dalton, RESOLVE, and Kiki Tsiapas, EPA, subject: copy of the workplan
for delivery order 94- Mediation of Redesignation of Forest County
Potawatomi Community to a Prevention of Significant Deterioration Class
I area.

3. December 7, 1995; facsimile from Debbie Dalton, RESOLVE, to Kiki
Tsiapas, EPA, subject: revised workplan for the FCP negotiation.

4. August 31, 1998; memorandum from Alice Shorett to participants in
dispute resolution organizational meeting, subject: meeting materials
and agenda for September 2, 1998, dispute resolution negotiation.

5. September 4, 1998; facsimile from Alice Shorett to participants,
subject:  summary statement for September 3, 1998, meeting.

6. September 10, 1998; memorandum from Alice Shorett to Stephen
Rothblatt, George Meyer, and Joseph Young, subject: draft topics for
dispute resolution agenda.

7. September 14, 1998; facsimile from Alice Shorett, to Kiki Tsiapas,
USEPA, subject: work plan for Delivery Order 94.

8. September 23, 1998; memorandum from Alice Shorett, to Stephen
Rothblatt, and Kiki Tsiapas, EPA, subject: draft topics for dispute
resolution and telephone conference call.

9. September 25, 1998; memorandum from Alice Shorett to participants
Stephen Rothblatt, George Meyer, and Joseph Young, subject:  topics for
submission to EPA for dispute resolution agenda and meeting summary for
September 2, 1998.

10. October 2, 1998; memorandum from Alice Shorett to participants,
subject: agenda and directions to meeting October 7, 1998

11. October 5, 1998; memorandum from Alice Shorett to participants,
subject: October 7, 1998, meeting postponed.

12. October 15, 1998; memorandum from Alice Shorett to participants,
subject:  meeting rescheduled to Monday, November 16 and Tuesday,
November 17.

13. November 3, 1998; facsimile from Alice Shorett to participants,
subject: November 16, 1998, dispute resolution meeting regarding the
redesignation of FCP Community.

14. November 20, 1998; memorandum from Alice Shorett to participants,
subject:  November 16, 1998, draft meeting notes.

15. December 10, 1998; memorandum from Alice Shorett to participants,
subject: Final meeting summary and December 22, 1998, agenda.

16. December 29, 1998; memorandum from Alice Shorett to participants,
subject:  December 22, 1998, draft meeting summary.

17. January 25, 1999; memorandum from Alice Shorett and Liza Schmitz,
subject: February 3, 1999, agenda and December 22, 1998, final meeting
summary.

18. February 9, 1999; facsimile from Triangle Associates to USEPA,
subject: February 3, 1999, meeting overview.

19. February 16, 1999; memorandum from Alice Shorett to participants,
subject: February 24, 1999, conference call.

20. March 1, 1999; memorandum from Alice Shorett, to participants,
subject: March 25, 1999 Conference call.

21. March 24, 1999; memorandum from Alice Shorett, to participants,
subject: next steps for drafting final agreement, conference call for
drafters on Thursday, March 25, 1999.

22. March 31, 1999; memorandum from Alice Shorett, to lead negotiators,
subject: authorization to drafting teams from lead negotiators, dispute
resolution under Section 164(e) of the Clean Air Act, FCP and State of
Wisconsin.

23. April 4, 1999; facsimile from Alice Shorett, to participants,
subject: drafting meeting to complete the final agreement, Thursday,
April 8, 1999.

24. April 15, 1999; facsimile from Alice Shorett to participants,
subject: summary of April 8, 1999, drafting session conference call for
drafters and technical group on Tuesday, April 20, 1999.

25. June 2, 1999; facsimile from Alice Shorett to participants, subject:
final agreement and call with drafters on Monday, June 7, 1999.

26. June 7, 1999; facsimile from Alice Shorett to Kiki Tsiapas, subject:
attachment of facsimile from WDNR on BACT/MACT provisions.

27. June 21, 1999; memorandum from Debbie Dalton, RESOLVE, to Kiki
Tsiapas, EPA, subject: Final Report for Delivery Order 94- FCP Class I
redesignation-CAA mediation.

28. July 9, 1999; facsimile from Alice Shorett to participants, subject:
next steps in getting signatures for Final Agreement.

29. June 23, 2000; facsimile from Alice Shorett to
Russell Harding, MDEQ, subject: June 29th meeting for FCP Class I
redesignation process postponed.

30. January 3, 2001; facsimile from Karen Schrantz to
Stephen Rothblatt, subject: conference call information including draft
agenda and agreement.

31. January 12, 2001; facsimile from Alice Shorett to participants,
subject:  draft meting summary and conference call information,
confidential, for dispute resolution purposes only.

32. January 16, 2001; facsimile from Alice Shorett to Stephen
Rothblatt and Barbara Wester, subject: FCP proposed principles, State of
Michigan proposed principles, confidential, for dispute resolution only.

33. January 22, 2001; facsimile from Alice Shorett to Robert Miller,
subject:  dispute resolution issue, confidential for mediation purposes
only.

34. January 26, 2001; facsimile from Alice Shorett to participants,
subject:  draft meeting summary and conference call information.

Attachment K

Comments and Comment Letters on Redesignation

1. Catalog of Comments received on FCP Class I redesignation.

2. October 11, 1994; letter from Eugene Kamps, Langlade County Board of
Supervisors to FCP.

3. October 12, 1994; public comment from R.J. Akey, President, Merrill
Area Development Corporation.

4. October 12, 1994; letter from John F. Michler, Marathon County
Development Corporation to David Kee, ARD.

5. October 12, 1994; letter from Theodore J. Penn, Wisconsin Public
Service Corporation to FCP.

6. October 12, 1994; letter from Neal C. Torney, Village of Rothschild
to Valdas Adamkus, David Kee, and Renee Kuruc, USEPA.

7. October 12, 1994; letter from Neal C. Torney, Village of Rothschild
to George Meyer, WDNR.

8. October 12, 1994; letter from Arno Haering, North Central Wisconsin
Regional Planning Commission to Al Milham, FCP.

9. October 13, 1994; letter from Joe Wisniewski, Land Conservation Vilas
County to Valdas Admakus, David Kee, and Renee Kuruc, USEPA.

10. October 13, 1994; letter from William Korrer, Jr., Oneida County
Board of Supervisors to FCP.

11. October 13, 1994; letter from M. Bridget Hagerty, Rhinelander Area
Chamber of Commerce to FCP.

12. October 13, 1994; letter from K.P. Black, Crandon Mining Company to
Al W. Milham, FCP.

13. October 13, 1994; letter from Ronald R. Ostromecki, to Al Milham,
FCP.

14. October 13, 1994; public comment on FCP redesignation by Lincoln Co.
Community Development Agency to FCP.

15. October 13, 1994; letter from Jerome T. Neis, Rhinelander Paper Co.,
to Al Milham, FCP.

16. October 14, 1994; letter from Dorothy Kegley, Northwoods Regional
Development Group to FCP.

17. October 14, 1994; letter from Carol A. Schweiger, Packaging
Corporation of America to FCP.

18. October 14, 1994; letter from Brian Doudna, Oneida County Economic
Development Corporation to FCP.

19. October 14, 1994; letter from Susan A. Lang, Nanik Window Coverings
Group to Val Adamkus, David Kee, and Renee Kuruc, USEPA, Donald Theiler,
WDNR.

20. October 19, 1994; letter from Carol A. Schweiger, Packaging
Corporation of America to David Kee, ARD, and FCP.

21. October 19, 1994; memorandum from Robert Miller, PGS, to Marc
Radell, ORC, subject: enclosing comments received on the PSD Class I
redesignation.

22. October 25, 1994; letter from Robert Sumnicht, Lincoln County Board
of Supervisors to Al W. Milham, FCP.

23. November 4, 1994; letter to WDNR from U.S. Senator Herbert Kohl with
October 3, 1994, letter from Richard Connor Jr., Goodman Forest
Industries.

24. November 4, 1994; resolution of Oneida Co. Board of Supervisors
opposing redesignation.

25. November 9, 1994; letter from John Czarnezki, Oneida County Board of
Supervisors to FCP.

26. November 14, 1994; letter from M. Bridget Hagerty, Rhinelander Area
Chamber of Commerce to Valdas Adamkus, RA.

27. November 25, 1994; public comment from Thomas G. Geiger, on behalf
of the Lincoln County Community Development Agency.

28. December 23, 1994; letter from Charlie Stahr and Carol A.
Schweiger, Packaging Corporation of America to David Kee, ARD.

29. December 28, 1994; letter from Bridget Hagerty, Rhinelander Chamber
of Commerce to Al W. Milham, FCP.

30. December 29, 1994; letter from K.P. Black, Crandon Mining Company to
Al Milham, FCP.

31. December 29, 1994; public comment from Robert Sumnicht, on behalf of
the Lincoln County Board of Supervisors.

32. December 29, 1994; public comment from Bruce W. Mommaerts, on behalf
of the Oconto County Economic Development Corporation.

33. December 29, 1994; letter from K.P. Black, Crandon Mining Company to
Al Milham, FCP.

34. December 29, 1994; letter from Brian Doudna, Oneida Co. Economic
Development Corp., to Renee Kuruc, USEPA.

35. December 30, 1994; letter from Thomas H. Schmidt, Wisconsin Paper
Council to Al Milham, FCP.

36. January 5, 1995; letter from Wallace Sundstrom, Dickinson Citizens
for Clean Air to FCP.

37. January 9, 1995; letter from John W. Tangas, Pukall Lumber Company
to Renee Kuruc, USEPA.

38. January 16, 1995; letter from Charles W. Stahr and Carol A.
Schweiger, Packaging Corporation of America to David Kee, ARD.

39. January 20, 1995; letter from George E. Rock, Wisconsin Resources
Protection Council to Valdas Adamkus, RA.

40. February 1, 1995; letter from Jim C. Landru, Jr., Ray R. Vander
Perren & Associates to Al W. Milham, FCP.

41. March 21, 1995; letter from Dick Leffler, Alliance of the Northern
States Working to Ensure Regional Stability, to Carol Browner,
Administrator.

42. March 27, 1995; testimony from Roger H. Kemp, Kemp Service Center,
Inc, on behalf of the Wisconsin Automotive Trades Association.

43. May 11, 1995; resolution from Robert Anderson and Vaughn Neuens, on
behalf of the Florence County Board of Supervisors.

44. May 12, 1995; letter from Phil Southworth, to Valdas Adamkus, RA.

45. May 18, 1995; letter from George Wons, to Valdas Adamkus, RA.

46. June 9, 1995; letter from Terrance L. Goldbach, Greenheck to
Congressman David Obey.

47. June 27, 1995; letter from Mr. And Mrs. Joseph Case, to Robert
Miller, PGS.

48. July 5, 1995; letter from Doreen Lent, to Carlton Nash, RDS.

49. July 7, 1995; letter from Robert E. Schmitz, Wolf River Watershed
Alliance, to Valdas Adamkus, RA.

50. July 12, 1995; letter from Gordon P. Connor, Nicolet Hardwoods
Corporation, to Carlton Nash, RDS.

51. July 19, 1995; letter from Lee Kusserow, to Carlton Nash, RDS.

52. July 20, 1995; letter from Bill Kroll, to USEPA.

53. July 21, 1995; letter from Stacey Burris, Shawano Area Chamber of
Commerce, to Carlton Nash, RDS.

54. May 22, 1997; letter from Fred W. Kawalski, to Robert Miller, PGS.

55. May 31, 1997; letter from Roger H. Kemp, Kemp Service Center, Inc to
David Laroche, OAR USEPA.

56. June 2, 1997; letter from Russ Schimdt, Mayor, City of Shawano, to
Robert Miller, PGS.

57. June 18, 1997; letter from Miles R. Stanke, Mayor, City of Antigo,
to Robert Miller, PGS.

58. June 20, 1997; letter from Fred A. Kawalski to Constantine Blathras,
USEPA.

59. June 21, 1997; letter from Betty White to Robert Miller, PGS.

60. July 8, 1997; letter from Timothy G. Miller, Sheriff, Oneida Co., to
Robert Miller, PGS.

61. July 23, 1997; letter from Herbert Tauchen and Jeffery S. Kuglitsch,
Shawano County Board of Supervisors to David LaRoche, OAR, and Bob
Miller, PGS.

62. July 28, 1997; letter from Gordon P. Connor, Nicolet Hardwoods
Corporation to Bob Miller, PGS.

63. July 28, 1997; letter from James King, Florence County Board of
Supervisors to Robert Miller, PGS.

64. August 6, 1997; letter from Charles D. Smith, Tenneco Packaging to
Carlton Nash, RDS.

65. August 8, 1997; letter from Sandra Walentouski to Carlton Nash, RDS.

66. August 8, 1997; letter from David Brula to Carlton Nash, RDS.

67. August 8, 1997; letter from Elizabeth Brula to Carlton Nash, RDS.

68. August 11, 1997; letter from James H. Schlender, Great Lakes Indian
Fish & Wildlife Commission to Carlton Nash, RDS.

69. August 11, 1997; letter from Gordon P. Connor, Nicolet Hardwoods
Corporation to Carlton Nash, RDS.

70. August 11, 1997; letter from David R. Oberstar, Fryberger, Buchanan,
Smith & Frederick, to USEPA.

71. August 13, 1997; letter from Jane Schrameyer, Environmentally
Concerned Citizens of Lakeland Areas to Carlton Nash, RDS.

72. August 13, 1997; letter from Lola Strong to Carlton Nash, RDS.

73. August 13, 1997; letter from Peter J. Theo, Coalition for Fair
Regulation to Carlton Nash, RDS.

74. August 13, 1997; letter from Ed Hammer, County of Marathon to USEPA.

75. August 13, 1997; letter form Melanie Kirsh, Northwoods Alliance, to
Carton Nash, RDS.

76. August 13, 1997; letter from Richard Krawze, Goodman Forest
Industries.

77. August 14, 1997; letter from John a. Wilmer, Sr., Tribal
Chairperson, Bad River Band of Lake Superior Tribe of Chippewa Indians
to Carlton Nash, RDS.

78. August 21, 1997; letter from Edward J. Wilusz, Wisconsin Paper
Council to Carlton Nash, RDS.

79. August 28, 1997; letter from Sonny Wreczycki, Rolling Stone Lake
Protection & Rehabilitation District Environmental Impact Committee,
Town of Ainsworth to Carlton Nash, RDS.

80. August 29, 1997; letter from Phillip M. Gelatt, Nothern Engraving
Corporation to Carlton Nash, RDS.

81. September 2, 1997; letter from Gordon P. Connor, Nicolet Hardwoods
Corporation to Carlton Nash, RDS.

82. September 2, 1997; letter from Thomas J. Rice, Trak International to
Carlton Nash, RDS.

83. September 2, 1997; letter from Mark F. Irgens, Boldt Development to
Carlton Nash, RDS.

84. September 2, 1997; letter from David D. Donovan, Northern States
Power, Carlton Nash, RDS.

85. September 4, 1997; letter from Dave Kluesner, International Paper to
Carlton Nash, RDS.

86. September 4, 1997; letter from Thomas E. Thoma, Hartcraft Designers
and Manufacturers to Carlton Nash, RDS.

87. September 5, 1997; letter from R.E. Dunlap, Broan Manufacturing
Company to Carlton Nash, RDS.

88. September 8, 1997; letter from Darrell W. Jeffries, Wausau Papers to
Carlton Nash, RDS.

89. September 8, 1997; letter from J.D. Weinbauer, Consolidated Papers,
Inc to Carlton Nash, RDS.

90. September 8, 1997; letter from Lyn P. Schuette, WB Place to Carlton
Nash, RDS.

91. September 9, 1997; letter from John A. Caspar, Oshkosh Chamber of
Commerce to Carlton Nash, RDS.

92. September 10, 1997; letter from Terry Fulwiler, Wisconsin Label
Group to Carlton Nash, RDS.

93. September 10, 1997; letter from Tom Isle, Great Lakes Pulp &
Paperworkers Resource Council to Carlton Nash, RDS.

94. September 10, 1997; letter from John W. Tangas, Pukall Lumber
Company to Carlton Nash, RDS.

95. September 11, 1997; letter from Charles G. Curtis, Jr., attorney,
Foley & Lardner, on behalf of Crandon Mining Company, to Carlton Nash,
RDS.

96. September 11, 1997; letter from Robert T. Welch, Wisconsin State
Senator to Carlton Nash, RDS.

97. September 11, 1997; letter from Tony Lorbestke, Land Conservation
Oneida County to Carlton Nash, RDS.

98. September 11, 1997; letter from Joseph Wisniewski, Land
Concservation Vilas County to Carlton Nash, RDS.

99. September 12, 1997; letter from David M. Blouin, Sierra Club-John
Muir Chapter to Carlton Nash, RDS.

100. September 12, 1997; letter from Brian J. Renaud, attorney, Howard &
Howard on behalf of Champion International Corp., to Carlton Nash, RDS.

101. September 12, 1997; letter from Patrick Stevens, Wisconsin
Manufacturers & Commerce, to Carlton Nash, RDS.

102. September 13, 1997; letter from M. Bridget Hagerty, Rhinelander
Area Chamber of Commerce to Carlton Nash, RDS.

103. September 15, 1997; letter from Philip Shopodock, Tribal Chairman,
Forest County Potawatomi Community to Carlton Nash, RDS.

104. September 15, 1997; letter from Gary Delzell, Ato Findley, Inc to
Carlton Nash, RDS.

105. September 19, 1997; letter from Donald J. Sodersten,
Louisiana-Pacific Corporation to Carlton Nash, RDS.

106. September 22, 1997; letter from John F. Gartner to Carlton Nash,
RDS.

107. Undated, unsigned letter

108. Undated, action alert from Julie Klopf and Z. Grossman, Midwest
Treaty Network.

109. Undated, letter from Frederic W. Braun, Antigo Area Industrial
Corp., with attachments.

  PAGE   34

  PAGE   37

  PAGE   41

RULEMAKING IN PROGRESS

 	RULEMAKING IN PROGRESS

RULEMAKING IN PROGRESS

 	RULEMAKING IN PROGRESS

RULEMAKING IN PROGRESS

 	RULEMAKING IN PROGRESS

RULEMAKING IN PROGRESS

 	RULEMAKING IN PROGRESS


[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30968-30969]
[FR Doc No: 2021-12162]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0236]

Cooperative Research and Development Agreement: Evaluating
Unmanned Surface Vessel Characteristics for Coast Guard Platforms

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is announcing its intent to enter into a
Cooperative Research and Development Agreement (CRADA) with Sea
Machines Robotics. Sea Machines Robotics will work with the USCG
Research and Development Center (RDC) to modify the currently existing
SM300 system installed on the USCG RDC unmanned surface vessel (USV) to
determine what parameters and behaviors would be beneficial for USCG
mission sets. Additionally, the agreement will investigate the current
state of collision avoidance in autonomous unmanned surface vessels
(USVs), to develop a better understanding of how these capabilities
should be evaluated/regulated in the future. The Coast Guard invites
other potential non-Federal participants, who have the interest and
capability to bring similar contributions to this type of research, to
submit proposals for consideration in similar CRADAs.

DATES: Comments must be submitted to the online docket via http://www.regulations.gov, or reach the Docket Management Facility, on or
before July 12, 2021.
    Synopses of proposals regarding future CRADAs must reach the Coast
Guard (see FOR FURTHER INFORMATION CONTACT) on or before July 12, 2021.

ADDRESSES: Submit comments online at http://www.regulations.gov
following website instructions.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or wish to submit proposals for future CRADAs, contact Derek Meier,
Project Official, Surface Branch, U.S. Coast Guard Research and
Development Center, 1 Chelsea Street, New London, CT 06320, telephone
860-271-2600, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We request public comments on this notice. Although we do not plan
to respond to comments in the Federal Register, we will respond
directly to commenters and may modify our proposal in light of
comments.
    Comments should be marked with docket number USCG-2021-0236 and
should provide a reason for each suggestion or recommendation. You
should provide personal contact information so that we can contact you
if we have questions regarding your comments; but please note that all
comments will be posted to the online docket without change and that
any personal information you include can be searchable online (see the
Federal Register Privacy Act notice regarding our public dockets, 73 FR
3316, Jan. 17, 2008). We also accept anonymous comments.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the Coast Guard
(see FOR FURTHER INFORMATION CONTACT). Documents mentioned in this
notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
    Do not submit detailed proposals for future CRADAs to the Docket
Management Facility. Instead, submit them directly to the Coast Guard
(see FOR FURTHER INFORMATION CONTACT).

Discussion

    CRADAs are authorized under 15 U.S.C. 3710(a).\1\ A CRADA promotes
the transfer of technology to the private sector for commercial use, as
well as specified research or development efforts that are consistent
with the mission of the Federal parties to the CRADA. The Federal party
or parties agree with one or more non-Federal parties to share research
resources, but the Federal party does not contribute funding.
---------------------------------------------------------------------------

    \1\ The statute confers this authority on the head of each
Federal agency. The Secretary of DHS's authority is delegated to the
Coast Guard and other DHS organizational elements by DHS Delegation
No. 0160.1, para. II.B.34.
---------------------------------------------------------------------------

    CRADAs are not procurement contracts. Care is taken to ensure that
CRADAs are not used to circumvent the contracting process. CRADAs have
a specific purpose and should not be confused with procurement
contracts, grants, and other type of agreements.
    Under the proposed CRADA, the R&D Center will collaborate with one
non-Federal participant. Together, the R&D Center and the non-Federal
participant will evaluate which USV characteristics and parameters
would be beneficial to the USCG mission set. Additionally, both
partners will evaluate how collision avoidance technology should be
validated on these platforms in the future. We anticipate that the
Coast Guard's contributions under the proposed CRADA will include the
following:
    1. Provide appropriate staff with expertise to accomplish the above
mentioned tasks.
    2. Draft test plan.
    3. Provide all support resources, including travel for Coast Guard
staff that support this CRADA.
    4. Obtain, transport, and provide all of the parts, tools, and
equipment necessary to prepare the platform for Sea Machines Robotics
modifications.
    5. Provide the 29RDC and qualified crew for the testing.
    6. Provide all resources required for the conduct of the testing on
the 29RDC.
    7. Execute the testing IAW with the agreed upon test plan.
    We anticipate that the non-Federal participants' contributions
under the proposed CRADA will include the following:

    1. Provide appropriate staff with expertise to support the above
mentioned tasks.
    2. Provide all support resources, including travel for Sea Machines
Robotics staff who support this CRADA, if required.
    3. Provide the technical data package for all equipment, including
dimensions, weight, power requirements, and other technical
considerations for the additional components to be utilized under this
CRADA.
    4. Review test plan.
    5. Provide any specific training, along with technical support, to
those Coast Guard members evaluating the technology proposals submitted
for this CRADA.
    The Coast Guard will provide no funding for reimbursement of
proposal development costs. Proposals and any other material submitted
in response to this notice will not be returned. Proposals submitted
are expected to be unclassified and have not more than five single-
sided pages (excluding cover page, DD 1494, JF-12, etc.). The Coast
Guard will select proposals at its sole discretion on the basis of:
    (1) How well they communicate an understanding, of and ability to
meet, the proposed CRADA's goal; and
    (2) How well they address the following criteria:
    (a) Technical capability to support the non-Federal party
contributions described, and
    (b) Resources available for supporting the non-Federal party
contributions described.
    Currently, the Coast Guard is considering Sea Machines Robotics for
participation in this CRADA. This consideration is based on the fact
that Sea Machines has demonstrated its technical ability for autonomous
USVs and the USCG RDC currently has one of their systems installed
aboard their 29 foot vessel. However, we do not wish to exclude other
viable participants from this or future similar CRADAs.
    This is a technology assessment effort. The goal of the Coast Guard
for this CRADA is to determine what USV characteristics/parameters
would be recommended for the operational use of a Coast Guard platform
of this size, and also to gain a better understanding of how collision
avoidance of USVs should be validated and regulated in the future.
Special consideration will be given to small business firms/consortia,
and preference will be given to business units located in the U.S. This
notice is issued under the authority of 5 U.S.C. 552(a).

Daniel P. Keane,
Commanding Officer, U.S. Coast Guard Research and Development Center.
[FR Doc. 2021-12162 Filed 6-9-21; 8:45 am]
BILLING CODE 9110-04-P