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

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they 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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