UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

The Honorable Herman Dillon, Sr. 

Chairman, Tribal Council 

Puyallup Tribe of Indians 

3009 East Portland A venue 

Tacoma, Washington 98404 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

. FEB 2 5 2014 

OFFICE OF 

,1\IR, WASTE AND TOXICS 

RE: Offer for Consultation and Coordi~ation on the U.S. Envimnmental Protection Agency Review of 

and Action on the Department of Ecology's Revisions to Chapter 173-400 Washington 

Administrative Code, General Regulations for Air Pollution Sources. . 

Dear Chairman Dillon: 

On January 27,2014, the Washington State' Department of Ecology (Ecology) submitted to the U.S. 

Environmental Protection Agency (EPA) revised pmvisions of Chapter 173~400 Washington 

Administrative Code (WAC), General Regulations for Air Pollution Sources for approval into the State 

·Implementation Plan (SIP). These regulations form the basis of Ecology's stationary source permitting 

program and other general air quality requirements, which the EPA last approved in 1995. Someofthe 

regulatory changes have been in place as a matter of state lawformany years. Other revisions were 

adopted by Ecology in 2011 and 2012, as part of a joint effort withthe EPA to bring the SIP up to date. 

The most substantive change is Ecology's request for approval of the Prevention of Significant 

Deterioration (PSD) permitting program for major stationary SOUrces. Currently, the PSD program is 

run under a delegation agreement with the EPA. Another significant change is Ecology's submittal of 

Nonattainment New Source Review regulations for permitting new facilities or modifications to existing 

facilities under Ecology's directjurisdiction in a nonattainment area such as the Tacoma-Pierce County 

fine particulate matter nonattainment area. 

Under state law, depending on the type of industrial source, air permitting jurisdiction is split between 

Ecology and the Puget Sound Clean Air Agency (PSCAA). Ecology has direct jurisdiction for larger 

facilities subject to PSD and certain source categories such as kraft pulp mills, sulfite pulping mills, and 

primary aluminum plants on non-trust land consistent with the Puyallup Tribe oflndians Land Claims 

Settlement Act. PSCAA has direct jurisdiction for all remaining facilities on non-trust land. This is an 

offer for consultation and coordination on our review of and action on the updated regulations submitted 

by Ecology. 

Please have your staff notify Jeff Hunt, at 206-553-0256, by March 19,2014 if you are interested in 

scheduling a consultation meeting or would like further information about any of the submitted 

regulatory changes. The EPA is offering· consultation and coordination in accordance with the EPA 

0 Prtntfld on Recycled Paper 
Policy on Consultation and Coordination with Indian Tribes (www.epa.gov/tribal/consultation /consultpolicy.htm). In addition to tribal consultation, there will be opportUnities for public involvement through 

the EPA's public comment process.· A public comment period will be open for at least 30 days 

following the EPA's proposed action on the submittal. Feel free to call me at 206-553-1271 if you have 

any questions. · 

cc: Bill Sullivan, Puyallup Tribe 

Natural Resources Director (via e-niail) 

Mary Basballe, Puyallup Tribe . 

Air Quality Staff (via e-m.ail) 

0 Printed on Recycled Paper