Re: EPA correction to WA SIP 

Julie Vergeront to: Patty Martin 04/27/2011 08:51 AM

Bcc: Kristin Hall

Thank you for your email, Patty.

It is not correct that EPA can only enforce the NAAQS. What I believed I said is that SIPs are programs 

under section 110 of the Clean Air Act and that with certain exceptions, regulations approved by EPA as 

part of a State SIP must reasonably relate to attainment and maintenance of the NAAQS. This is 

described in the Federal Register proposal for the SIP correction, which I believe you have a copy of.

"In general, State and local regulations approved by EPA into the SIP under Section 110 

of the CAA must reasonably relate to attainment and maintenance of the National Ambient Air 

Quality Standards (NAAQS). See generally CAA 110; see also Memorandum from Michael A. 

James, EPA, to Regional Counsels, Re: Status of State/Local Air Pollution Control Measures 

Not Related to NAAQS, dated February 7, 1979 (“measures to control non-criteria pollutants 

[pollutants that are not NAAQS pollutants or their precursors] may not legally be made part of a 

SIP.”).fn

fn Of course, SIP approved Prevention of Significant Deterioration programs must cover any “regulated 

NSR pollutant,” see 40 CFR 52.21(b)(50), which definition includes more than NAAQS pollutants and NAAQS 

precursors."

With respect to Section 112, what I said was that Section 112 is a program regarding hazardous air 

pollutants and is separate from the SIP program. Regulations adopted by States that are based on 

regulations issued by EPA under Section 112 of the Clean Air Act are not approved by EPA into the State 

SIP. Such regulations can be submitted by States and approved by EPA under Section 112 of the Clean 

Air Act, but those regulations are not part of the SIP. With a few exceptions, where EPA approves State 

regulations under section 112 of the Clean Air Act, EPA continues to enforce the EPA regulations under 

section 112 of the Clean Air Act, and not the state regulations.

If you have any comments on EPA's proposal to correct the Washington SIP, please submit your 

comments in writing as directed in the original proposal and in the extension.

Thank you for your interest.

Julie A. Vergeront

Office of Regional Counsel

U.S. Environmental Protection Agency

Region 10
1200 Sixth Avenue, ORC-158

Seattle, WA 98101

Phone (206) 553-1497

Fax (206) 553-0163

"Patty Martin" Julie, I spoke with you yesterday regarding the c... 04/27/2011 07:09:32 AM

From: "Patty Martin" <martin@nwi.net>

To: Julie Vergeront/R10/USEPA/US@EPA

Date: 04/27/2011 07:09 AM

Subject: EPA correction to WA SIP

Julie,

I spoke with you yesterday regarding the change to WA's SIP. I want to be sure I understood the 

explanation that you provided me regarding why the changes are taking place. It is my understanding 

from our conversation, that EPA can only enforce the NAAQS. That is the limit of their authority.

It is also my understanding from our conversation (and please correct me if I am wrong), that Hazardous 

Air Pollutants listed under 7412 and included in SIPs are not enforceable by EPA.

Please clarify any misunderstanding I may have of the rationale for the change to WAs SIP.

Thank you.

Patty