STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

P.O. Box 47600 • Olympia, Washington 98504·7600

(360) 407·6000 • TDD Only (Hearing Impaired) (360) 407·6006

May 22, 1998 RECEI ED

Mr. Chuck Clarke, Regional Administrator

U.S . EPA, Region 10

1200 Sixth Avenue MlS/SO-141

Seattle, WA 98101

Dear Mr. Clarke:

MAY 27 1998

Offl",!; \11- II U; l::Al;WTIVE.

The Washington State Department of Ecology (Ecology) is provid ing this app lication for federal

authorization to revise Ecology's hazardous waste prog ram. Ecology is seeking autho rization to

include in its program the non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation,

pursuant to the August 27, 1988, settlement agreement between the Puyallup Tribe, federal, state,

and local governments ratified by Co ngress and incorp orated in federal law as the Puyallup Tribe of

Indians Settlement Act of 1989, 25 U.S.C. Sections 1773, et seq. This revisio n will supplement

Washington's aut horization for the Base Resource Conservation and Recovery Act (RCRA)

Program and four subsequent program revisions.

This application is submitted pursuant to the requirements of 40 CFR Part 271. The package

consists of a Program Description addendum, a Memorandum of Agreement addendum, and an

Attorney General 's Statement. In addition. Ecology and EPA have developed an implement ation

strategy as part ofthe Memorandum of Agreement. This implementation strategy will facilitate

communication among EPA, Ecology, and the Puyallup Tribe whenever a transfer oflead agency

responsibility is necessary due to the unique nature ofthis authorization on the non-trust lands ofthe

Puyallup Reservation.

Both of our agencies have devoted resources to the deve lopment and coo rdinatio n ofthis

application. The aut horizatio n was detained while the House Bill 10 I0 audit immunity issues were

reso lved. Now that all issues have been resolved, I trust that this application will be processed in a

timely manner. Any questions you have may be directed to Chipper Hervieux, at (360) 407-6756.

Sincerely,

Tom Fitzsimmons

Director

Enclosures
Washington State Department of Ecology

Revision Authorization Application for Puyallup Non-Trust Lands

May 1998

Contents

Program Description Addendum

Memorandum of Agreement Addendum

Attorney General's Statement

Attachments

Agreement between the Puyallup Tribe ofIndians, Local Governments in Pierce

County, the State of Washington, the United States ofAmerica, and certain

private property owners, August 27, 1988 (Settlement Agreement)

United States Code Annotated Title 25. Indians, Chapter 19 Indian Land Claims

Settlements, Subchapter VII Washington Indian (Puyallup) Land Claims

Settlement, June 21, 1989 (Settlement Act)

Intergovernmental Agreement Among the Puyallup Tribe of Indians, The

Washington State Department of Ecology, and the United States Environmental

Protection Agency, January 13, 1997 (Intergovernmental Agreement)

Letter notifying the Washington State Senate Majority Leader and Speaker ofthe

House ofthe existence of a conflict between the Regulatory Reform Act of 1995

(ESS 1010) and certain federal laws and program requirements (letter dated

December 10, 1997)
Program Description Addendum

May 15, 1998

This Program Description addendum revises the State's authorized program to include the nontrust lands within the 1873 Survey Area ofthe Puyallup Reservation pursuant to the August 27,

1988 settlement agreement between the Puyallup Tribe, Federal, State, and local governments

(Settlement Agreement), ratified by Congress and incorporated in Federal law on June 21, 1989

as the Puyallup Tribe ofIndians Settlement Act of 1989, 25 USC Sections 1773, et. seq.

(Settlement Act).

Upon authorization ofthis program revision, the State will carry out all aspects ofthe authorized

dangerous waste program subject to the limitations below. The State authori zed program that

will be implemented on the non-trust lands within the Puyallup reservation includes waste

designation requirements; generator, transporter, and recycling requirements; treatment, storage,

and disposal (TSD) facility requirements; permitting procedures; corrective action requirements;

and compliance monitoring and enforcement procedures.

The State will carry out the authorized dangerous waste program subject to the following

limitations: The authorizedprogram does not extend to Indians or Indian activities within the

1873 survey area. EPA retains primary responsibility fo r implementing RCRA on the trust

lands, and over Indians and Indian activities on the non-trust lands within the 1973 survey area.

EPA and Ecology have developed an implementation strategy (part of the Memorandum of

Agreement addendum submitted with this authorization application) that will be used to

communicate changes in jurisdiction from Ecology to EPA, or from EPA to Ecology. The

"Implementation Strategy for Regulatory Agency Lead Changes" will be used to facilitate

information sharing and communicating jurisdictional changes on the non-trust lands within the

1873 Survey Area ofthe Puyallup Reservation.

The State will participate in providing intergovernmental consultation and coordinati on of

federal, tribal, state and local governmental environmental laws pursuant to the January 13, 1997

Intergovernmental Agreement among the Puyallup Tribe of Indians, the Washington State

Department of Ecology, and the US Environmental Protection Agency (Intergovernmental

Agreement).