UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140

OFFICE OF AIR, WASTE AND TOXICS
The Honorable Herman Dillon, Sr. SEP 0.3 2013 Chairman, Tribal Council Puyallup Tribe of Indians 3009 East Portland Avenue Tacoma, Washington 98404 RE: Offer for Consultation and Coordination on the EPA's Review of Washington State Implementation Plan Revisions
Dear Chairman Dillon: In the coming months, the Washington State Department of Ecology (Ecology) will be submitting three State Implementation Plan (SIP) revisions for U.S. Environmental Protection Agency (EPA) approval. These revisions to the SIP would apply on non-trust land and the airshed surrounding the Puyallup Reservation consistent with the Puyallup Tribe of Indians Land Claims Settlement Act, We believe all three actions are noncontroversial and would have minimal impact on the Puyallup Tribe of Indians. Nevertheless, on behalf of the EPA, I would like to offer an opportunity for consultation and coordination on the actions. The first revision is an update to the Washington Administrative Code (WAC) to incorporate recent changes to the federal National Ambient Air Quality Standards (NAAQS) into the SIP. Under the Clean Air Act, the EPA must periodically review the most recent public health studies and revise the NAAQS as appropriate, To maintain fully functional air programs, states periodically update their SIP to include the revised federal NAAQS, as necessary. We believe this action is noncontroversial because the NAAQS are already in place and enforceable as a matter of federal law. This action merely incorporates equivalent, or slightly more stringent, NAAQS at the state level. The second revision is an update to the state regulations in Chapter 173-433 WAC Solid Fuel Burning Devices to incorporate changes to the Washington Clean Air Act made in 2012. The revision to the Washington Clean Air Act primarily involved changes to the fine particulate matter (PM2,5 ) trigger levels for calling Stage 1 and Stage 2 burn bans. The revision also allows local jurisdictions in nonattainment or maintenance areas to prohibit the use of uncertified woodstoves if necessary for compliance with the PM 2,5 NAAQS. On May 29, 2013, the EPA approved Puget Sound Clean Air Agency (PSCAA) regulations incorporating these statutory changes within their local jurisdiction (78 FR 32131). We believe Ecology's SIP revision would have minimal impact on the Puyallup Tribe of Indians because it simply revises the state regulations to be consistent with the PSCAA regulations already in effect.

Lastly, the third revision (or set of revisions) involves something commonly called an "infrastructure" SIP. This is a SIP revision or a certification letter from a state demonstrating that
*Printed on Recycled Paperthey have adequate statutory and regulatory authority to regulate any given NAAQS (i.e.,

infrastructure), Under the federal Clean Air Act, states must demonstrate that they have adequate infrastructure three years after any change to the federal NAAQS. The EPA has a backlog of infrastructure actions, so the Ecology infrastructure submissions will probably be broken into distinct pieces. The first submission will likely cover the PM2,5 NAAQS promulgated in 1997, 2006, and 2012. The second submission will cover some or all of the remaining NAAQS: the ozone and lead (Pb) standards revised in 2008 and the nitrogen dioxide and sulfur dioxide standards revised in 2010. Because infrastrth ttird ' SIP" submissions typically cite statutory or regulatory authority already in effect, we believe these submissions would have little impact on the Puyallup Tribe of Indians. The EPA is offering you consultation and coordination in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (www.epa.gov!triballconsultationlconsultpolicy.htm). Please have your staff notify Jeff Hunt, at 206-553-0256, by October 1, 2013 if you are interested in scheduling a consultation meeting or would like further information about any of these actions. Feel free to call me at 206-553-1271 if you have any questions.

Kate elly, i ctor Office of 41aste, and Toxics
Enclosure

cc: Bill Sullivan, Puyallup Tribe Natural Resources Director (via e-mail) Mary Basballe, Puyallup Tribe Air Quality Staff (via e-mail)



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