1. Class I Redesignations
Dan Deroeck
U.S. EPA
Office of Air Quality Planning and Standards ,

2. What is the purpose of this presentation?
Describe
Class I redesignations
Applicable regulations
Requirements
Redesignations to date
Dispute resolution process

3. What is a Class I redesignation?
Reclassification of a PSD area from a Class II to a Class I designation
Area classifications information, 40 CFR 52.21(c)
All Class II areas eligible for redesignation to Class I, except mandatory Federal Class I areas
Mandatory Federal Class I areas cannot be redesignated

4. What do the regulations say?
Redesignations may be proposed by states or Indian Governing Bodies (IGB)
Subject to approval by EPA Administrator
Lands within exterior boundaries of Indian Reservations may be redesignated only by appropriate IGB
Procedures for redesignation from Class II to Class I under 40 CFR (g) and 52.21(g)
Subject to approval by the EPA Administrator as a revision of the applicable implementation plan

5. What do the regulations say? (cont.)
Administrator shall disapprove a proposed redesignation (within 90 days) only if it does not meet the procedural requirements
Process must include notice and opportunity for public hearing
IGB may resubmit the proposal after correcting deficiencies noted by Administrator

6. What are the Class I redesignation requirements?
Consult with state(s) in which reservation is located and which border(s)reservation
Consult with local and other sub-state general purpose governments in area

7. What are the Class I redesignation requirements? (cont.)
Notify entities that may be affected (other States, IGB and FLMs) at least 30 days before public hearing
Prepare discussion of reasons for redesignation, make available to public at least 30 days before hearing
Includes description and analysis of health, environmental, economic and energy effects

8. What are the Class I redesignation requirements? (cont.)
Provide written notice to appropriate FLM, allow adequate opportunity for FLM to confer with IGB and submit written comments
Hold at least one public hearing (40 CFR )
Submit proposal to redesignate to Administrator

9. How many Class I redesignations have taken place to date?
Five tribes have redesignated their lands to Class I
Flathead Indian Reservation (MT)
Northern Cheyenne Indian Reservation (MT)
Fort Peck Indian Reservation (MT)
Spokane Indian Reservation (WA)
Forest County Potawatomi Community Reservation(WI)

10. Is there a process for resolving disputes among the parties involved in a redesignation?
Administrator might be requested to negotiate with affected parties to resolve dispute in cases where
State affected by redesignation of an area by a tribe disagrees with redesignation, or
Tribe affected by redesignation of an area by state disagrees with redesignation

11. On request, Administrator will recommend resolution to dispute
Is there a process for resolving disputes among the parties involved in a redesignation? (cont.)
On request, Administrator will recommend resolution to dispute
If affected parties cannot reach agreement, Administrator will resolve dispute
Results will become part of enforceable plan for area