UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

The Honorable Herman Dillon, Sr. Chairman, Tribal Council Puyallup Tribe ofIndians 3009 East Portland Avenue Tacoma, Washington 98404 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140



### . FEB 

## 2 52014 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 DepartmentofEcology's Revisions to Chapter 173-400 Washington Administrative Code, General Regulations forAirPollution Sources.

. Dear Chairman Dillon: On January 27,2014, the Washington State'Department ofEcology (Ecology) submitted to the U.S. Environmental Protection Agency (EPA) revised pmvisions ofChapter**173~400** Washington Administrative Code (WAC), GeneralRegulations forAir Pollution Sources for approval into the State

·Implementation Plan (SIP). These regulations form the basis ofEcology's stationary source permitting program and other general air quality requirements, which the EPAlast approved in 1995. Someofthe regulatory changes have been in place as a matter ofstate lawformany years. Other revisions were adopted by Ecology in 2011 and 2012, as part ofajoint effort withthe EPA to bring the SIP up to date. The most substantive change is Ecology's request for approval ofthe Prevention ofSignificant Deterioration (PSD) permittingprogram 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 ofindustrial source, air permittingjurisdiction is split between Ecology and the Puget Sound Clean Air Agency (PSCAA). Ecology has directjurisdiction 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 directjurisdiction for all remaining facilities on non-trust land. This is an offer for consultation and coordination on our review ofand action on the updated regulations submitted by Ecology. Please have your staffnotify JeffHunt, at 206-553-0256, by March 19,2014 ifyou are interested in scheduling a consultation meeting or would like further information about any ofthe submitted regulatory changes. The EPA is offering·consultation and coordination in accordance with the EPA



# 0 Prtntfldon RecycledPaperPolicy 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 commentperiodwill be openfor at least 30 days following the EPA's proposed action on the submittal. Feel free to call me at 206-553-1271 ifyou 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)



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