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Class I Redesignations

Dan Deroeck

US Environmental Protection Agency

Office of Air Quality Planning and Standards

919-541-5593, deroeck.dan@epa.gov
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What is the purpose of this presentation?

 Describe:

 Class I redesignations

 Applicable regulations

 Requirements

 Redesignations up to date

 Dispute resolution process
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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 for mandatory Federal 

Class I areas

 Mandatory Federal Class I areas cannot be 

redesignated
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What do the regulations say?

 Redesignations may be proposed by 

states or Indian Governing Bodies (IGB)

 Subject to approval by the EPA Administrator

 Lands within the exterior boundaries of 

Indian Reservations may be redesignated 

only by the appropriate IGB

 Procedures for redesignation from Class II 

to Class I under 40 CFR 51.166(g) and 

52.21(g)
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What do the regulations say? 

(continued)

 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 the deficiencies noted by the 

Administrator
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What are the Class I redesignation 

requirements?

1. Consult with the state(s) in which 

the Indian Reservation is located 

and which border(s) the Indian 

Reservation

2. Consult with local and other sub 

state general purpose 

governments in the area
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What are the Class I redesignation 

requirements? (continued)

3. Notify entities that may be affected 

(other States, IGB and FLMs) at least 30 

days before the public hearing

4. Prepare discussion of the reasons for 

redesignation and make available to the 

public at least 30 days before the hearing

 Includes description and analysis of health, 

environmental, economic and energy effects
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What are the Class I redesignation 

requirements? (continued)

5. Provide written notice to the appropriate 

FLM and allow adequate opportunity for 

FLM to confer with the IGB and submit 

written comments

6. Hold at least one public hearing (in 

accordance with 40 CFR 51.102)

7. Submit proposal to redesignate to the 

Administrator
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How many Class I redesignations have 

taken place to date?

 Five Indian 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)
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 The Administrator may be 

requested to enter into negotiations 

with the affected parties to resolve 

dispute in cases where:

 a state affected by the redesignation of 

an area by an Indian Tribe disagrees 

with that redesignation, or 

 an Indian Tribe affected by the 

redesignation of an area by a state 

disagrees with that redesignation

Is there a process for resolving disputes among 

the parties involved in a redesignation?
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Is there a process for resolving disputes among 

the parties involved in a redesignation? (cont.)

 Upon request, the Administrator will 

make a recommendation to resolve 

the dispute

 If the two affected parties cannot 

reach agreement, the Administrator 

will resolve the dispute and the 

results will become part of an 

enforceable plan for the area