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MEMORANDUM OF UNDERSTANDING 

BETWEEN THE 

U.S. ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF AIR QUALITY 

PLANNING AND STANDARDS, 

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 10, 

STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, 

PUGET SOUND CLEAN AIR AGENCY, 

AND 

THE PUYALLUP TRIBE OF INDIANS 

I. PURPOSE 

The purpose of this Memorandum of Understanding (MOU) is to establish a cooperative 

effort among the U.S. Environmental Protection Agency, Office of Air Quality Planning 

and Standards (EPA OAQPS), U.S. Environmental Protection Agency, Region 10 (EPA 

Region 10), State of Washington, Department ofEcology (Department ofEcology), 

Puget Sound Clean Air Agency (PSCAA), and the Puyallup Tribe of Indians (collectively 

referred to as the Parties) to produce a Performance Agreement for the Tacoma PM2.5 

Nonattainment Area. Through work under this MOU and the Performance Agreement, 

the Parties will work together to apply the Clean Air Performance Commitment (CAPC) 

concept, which attempts to describe a new, more effective and efficient approach to air 

quality planning. The goal of this effort is to bring the Tacoma area into attainment for 

fine particulate matter (PM2.5), thereby improving the health and welfare of the citizens of 

the Puget Sound area. This effort will consider the area's PM2.5 issues in the context of 

local toxics priorities and environmental justice concerns. 
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II. BACKGROUND 

The Parties believe that improvements to the state planning process for air quality 

management are needed in order to more efficiently and effectively address current and 

future air quality challenges. This belief is supported by recommendations from the 

National Academy of Sciences in its 2004 report Air Quality Management in the United 

States and from the Clean Air Act Advisory Committee in its 2005 an~ 2007 reports, as 

well as our own experience with SIP processing and approvals. Although the SIP process 

has resulted in tremendous improvements in air quality, it can be resource-intensive. 

The Puget Sound area is a prime candidate for testing a new air quality management 

process given the nature of the air quality issues it is confronting (PM2.s issues are 

strongly driven by a single source type, i.e._,_ wood smoke emitters), the strong 

relationships PSCAA and the Department of Ecology have built with stakeholders, and 

the area's interest in testing air quality innovations. 

The Performance Agreement between the Parties would provide the starting point for the 

State Implementation Plan (SIP) for the Tacoma PM2.5 nonattainment area, either by: 

1. resulting in three years of "clean data" such that a redesignation request may 

be appropriate when all required SIP provisions are approved except certain 

attainment SIP requirements which can be suspended so long as the area 

continues to have clean data (i.e. reasonably available control measures, 

reasonable further progress plans, attainment demonstrations, and contingency 

measures, see 40 CFR 51.1004(c) see also PM2.5 Clean Data Policy, Dec. 14, 

2004, and Clarification, May 22, 2008), or 

2. providing information that is directly relevant to developing an attainment SIP 

for the Tacoma PM2.5 Nonattainment Area. 

The Performance Agreement will be focused on attainment and maintenance of the 

NAAQS in an administratively efficientand,effective way. The objectives ofthe 

Performance Agreement are: 

1. To target the Tacoma area's PM2.5 air pollution (particularly wood smoke) with 

focused local control measures that complement national control measures. 

2. To establish agreed-upon accountability measures and mechanisms to quickly 

make adjustments if milestones are not m~t. 

3. To ensure meaningful stakeholder input and collaboration. 

The Performance Agreement for the Tacoma area would additionally reflect area toxics 

priorities and environmental justice issues. Incorporation of these elements will position 

the Department of Ecology or PSCAA in the future, should they choose, to extend the 

· Tacoma-area plan to become a comprehensive multi-pollutant air quality management 

plan (AQMP). An AQMP provides for air quality and emission management activities 

for more than one airpollutant (such as criteria pollutants, toxics, and greenhouse gases), 

and integrates factors related to air quality such as transportation, land use, energy, 

climate, and ecosystem impacts. 
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III. AUTHORITY 

Each party to this MOU is authorized to enter into this MOU pursuant to the following 

authorities: 

EPA OAQPS and EPA Region 10-CAA 103(a) (research and development program for 

prevention and control of air pollution); Delegation 1-11 (authority to sign agreements 

with, inter alia, state, local, and tribal governments) 

Department of Ecology-Chapter 70.94 RCW Washington Clean Air Act, Chapter 

43.21A RCW Department of Ecology 

PSCAA-RCW 39.34, and RCW 70.94.141 (10) 

Puyallup Tribe of Indians- Puyallup Tribe of Indians Land Claim Settlement of 1989 

IV. ROLES AND RESPONSIBILITIES 

This MOU is focused on defining general action items and roles and responsibilities for 

efforts leading to the development of a Performance Agreement. These major roles and 

responsibilities will generally fall into six categories: technical analysis, stakeholder 

engagement, project management, outreach, strategy development, and strategy 

implementation. 

The Parties agree to work together to accomplish the following actions to enable the 

development of the Performance Agreement: 

• Continue to implement fine particle emission reductions in the nonattainment 

area (Lead Agency PSCAA), 

• Develop and reach consensus on a technical support document that guides the 

2011 comprehensive stakeholder process (Co-Lead Agencies EPA Region 10 and 

Department of Ecology), 

• Conduct a comprehensive stakeholder process to explore potential emission 

reduction strategies and make recommendations for actions, funding sources, 

milestones, and timelines (Lead Agency PSCAA), and 

• Complete and sign a Performance Agreement that applies the CAPC concept 

by laying out performance goal(s), milestones to achieve the goal(s), initial 

control measures and backup measures, and reporting (Co-lead Agencies 

Department of Ecology and EPA). 

• The Parties intend to hold quarterly meetings or conference calls to discuss 

progress in accomplishing the intent of the MOU. ' 

The Parties intend to develop and execute a Performance Agreement by w!nter 2011 

based on the results of these actions. 

The Parties respectively expect to undertake the following actions under this MOU: · 
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EPAOAQPS 

1. Facilitate discussions with the other Parties to encourage continuing communication, 

review progress made, and discuss status and issues arising under this MOU. 

2. Engage EPA headquarters technical staff as necessary to inform the Parties' 

deliberations regarding the appropriate analytical effort for the airshed. 

3. Assist in identifying and seeking available federal resources for implementing this 

MOU, as well as pursue funding opportunities for fine particle emission reduction . 

activities, subject to the limitations identified in Section VI. of this MOU. 

4. Support education efforts to inform the public in the Tacoma area about current air 

quality planning efforts. 

5. Reach out to national environmental and health organizations to raise awareness 

regarding the CAPC approach and the Parties' exploration of this approach through this 

MOU and the subsequent Performance Agreement, and to ensure their concerns are fully 

taken into account during the Performance Agreement development process. 

6. Facilitate discussions with relevant EPA headquarters offices (including but not 

limited to Office of Air and Radiation, Office of General Counsel, and Office of 

· Enforcement and Compliance Assurance) on all matters relating to actions under this 

MOU and development of the Performance Agreement, and seek their review and 

concurrence on the draft final Performance Agreement. 

7. Complete and sign the Performance Agreement with the Parties. 

EPA Region 1 0 

1. Lead the development of the technical evaluation approach prior to the 2011 

stakeholder process. This may include: fine particle receptor modeling support of the 

violating site, modeling, and emission inventory support as guided by the technical team. 

2. Assist in identifying and seeking available federal resourees-fer implementing this 

MOU, as well as pursue funding opportunities for fine particle emission reduction 

activities, subject to the limitations identified in Section VI. of this MOU. 

3. Support education and outreach efforts to engage communities in the Tacoma area in 

air quality planning and emission reduction efforts. 

4. Participate in calls and meetings as needed to discuss progress, status, and issues that 

arise with the Parties. 

5. Complete and sign the Performance Agreement with the Parties. 

Department of Ecology 

1. Continue to support forecasting tools to support burn curtailments during impaired air 

quality periods, the uncertified wood stove replacement programs in the nonattainment 

area (as resources allow), and education and outreach activities. 

2. Play a lead role with EPA Region 1 0 in developing the technical evaluation that will 

address outstanding technical issues prior to the 2011 stakeholder process. This may 

include: fine particle receptor modeling support of the violating site, modeling, and 

emission inventory support as guided by the technical team, and estimates of fine particle 

health effects and economic impacts. 

3. Serve as main point of contact with EPA during the development of the Performance 

Agreement. 

4. Assist in identifying and seeking available funding, including State resources for 
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implementing this MOU, as well as pursue funding opportunities for fine particle 

emission reduction activities, subject to the limitations identified in Section VI of this 

MOU. 

5. Support education and outreach efforts to engage communities in the Tacoma area in 

air quality planning ~and emission reduction efforts. 

6. Participate in the comprehensive stakeholder process, to be initiated in January 2011. 

The stakeholder process will result in recommendations of fine particle emission 

reduction strategies to bring the area back to attainment status, to be incorporated into a 

winter 2011 Performance Agreement. 

7. Participate in calls and meetings as needed to discuss progress, status, and issues that 

arise with the Parties. 

8. Complete and sign the Performance Agreement with the Parties. 

PSCAA 

1. Implement fine particle emission reduction activities, as outlined in its FYI 0-11 ';'Fine 

Particle and Wood Smoke Work Plan." Main activities include uncertified wood stove 

replacement programs, bum curtailments during impaired air quality periods, education 

and outreach campaigns, and a socio-economic investigation of the area around the 

violating monitor to identify community barriers to clean home heating. FYll emission 

reduction activities (to be identified in spring 2010) will also be implemented as part of 

this MOU,and will be included in the Performance Agreement. 

2. Work with EPA, Department of Ecology, and potentially other partners to address 

outstanding technical issues before a 2011 stakeholder process. The main role of PSCAA 

in this regard will. be to provide any existing air quality and meteorological data, as well 

as existing emission inventory/survey information. 

3. Assist in identifying and seeking available funding, including State and local 

resources for implementing this MOU, as well as pursue funding opportunities for fine 

particle emission reduction activities, subject to the limitations identified in Section VI of 

this MOU. 

4. Conduct education and outreach efforts to engage communities in the Tacoma area in 

air quality planning and emission reduction efforts. 

5. Reach out to local city and county partners to raise awareness of the CAPC approach 

and the Parties' application ofthis approach through this MOU and the subsequent 

Performance Agreement, and address their questions and their feedback on the process. 

6. Manage the comprehensive stakeholder process, to be initiated in 2011 if adequate 

funding is identified by the Parties. The stakeholder process will result in 

recommendations of fine particle emission reduction strategies to bring the area back to 

attainment status, to be incorporated into a 2011 Performance Agreement. 

7. Participate in calls and meetings as needed to discuss progress, status, and issues that 

arise with the Parties. 

8. Complete and sign the Performance Agreemen:t with the Parties. 

Puyallup Tribe of Indians 

1. Contribute to the development of the Performance Agreement. 

2. Participate in the stakeholder process. 
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3. Assist in identifYing and seeking available funding for implementing this MOU, as 

well as pursue funding opportunities for fine particle emission reduction activities, · 

subject to the limitations identified in Section VI ofthis MOU. 

4. Participate in calls and meetings as needed to discuss progress, status, and issues that 

arise with the Parties. 

5. Complete and sign the Performance Agreement with the Parties. 

V. TIMELINE 

March 2010 MOU signed by the Parties 

December 31, 201 0 Complete and reach consensus on technical evaluation (led by 

EPA Region 1 0) 

January 2011 Begin comprehensive stakeholder process assuming adequate 

funding is identified (led by PSCAA) 

Spring/Summer 2011 Conclude comprehensive stakeholder process (led by PSCAA) 

Winter 2011 Performance Agreement finalized, signed; begin implementation, 

including check-ins at interim milestones and supplementation of 

efforts with backup measures as necessary (Department of 

Ecology, PSCAA and EPA Region 1 0) 

VI. STAKEHOLDER ENGAGEMENT 

The Parties agree it is desirable for the stakeholders listed in this section to participate in 

the comprehensive stakeholder process described in this MOU. 

National stakeholders: 

State air agencies and organizations representing state air agencies 

National environmental and health organizations 

Industry groups, as needed 

Others 

Local stakeholders: 

Local county and city Qfficials 

Local environmental and health organizations 

Local commmiities within the nonattainment area (groups representing these 

communities) 

Local industry, business, and economic development groups 

Local home heating industries (e.g. hearth products, utilities) 

Others 
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VII. LIMITATIONS 

A. No statements made in the course of negotiations among the Parties or in this MOU 

may be construed to represent an admission, determination, settlement, or adjudication of 

any legal or factual dispute relating to any Party's rights, privileges or interests. By 

entering into this MOU the parties reserve and do not waive their claims to jurisdiction 

over all or parts of the air shed and sources of pollution affecting those airsheds. 

B. This MOU shall not be construed as waiving any rights, powers, or remedies the 

parties have under any applicable Act of Congress, Executive Order, treaty, regulation, 

State Constitution, State law, court decision, equity, or other authority. Each Party 

expressly reserves the right to assert any and all defenses it may have to any claim that 

may be asserted by the other Parties or by any other person under federal, state, or tribal 

law. 

C. Nothing in this MOU shall change the jurisdictional authorities of the United States or 

any of its agencies, the Tribes or any of its agencies, the State or any of its agencies, or 

any other entity. This MOU is solely for the purpose of facilitating intergovernmental 

cooperation between the parties. This MOU is not and shall not be used as a precedent for 

resolution of any dispute regarding the jurisdictional authority of the parties to the 

agreement. This MOU creates no rights in third parties or the right of judicial review. 

D. All agreements made in this MOU are subject to the availability of appropriated funds 

and each Party's budget priorities. Nothing in this MOU, in and of itself, obligates any 

Party to expend appropriations or to enter into any contract, assistance agreement, 

interagency agreement, or incur other financial obligations. The parties agree not to 

submit a claim for compensation for services rendered to any of the other parties for 

activities they undertake in carrying out this MOU. 

E. This MOU is neither a fiscal nor a funds obligation document. This MOU does not 

exempt the Parties from policies requiring competition for financial assistance and 

contracts. Any endeavor involving reimbursement or contribution of funds between the 

Parties will be handled in accordance with applicable laws, regulations, policies, and 

procedures, and will be subject to separate agreements that will be effected in writing. 

F. This MOU does not create any right or benefit, substantive or procedural, enforceable 

by law or equity against the Parties to the MOU, their officers or employees, or any other 

person. This MOU does not direct the actions of, or apply to any person outside the 

Parties to this MOU. 
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G. The Parties agree that any copyrightable subject matter, including but not limited to 

journal articles, training, educational or informational material or software, created 

jointly by the Parties from the activities conducted under the MOU may be copyrighted 

by one or more of the Parties. Each Party hereby grants to the Federal government a 

royalty-free, nonexclusive, irrevocable right to reproduce, distribute, make derivative 

works, and publish or perform the work(s) publicly, or to authorize others to do the same 

on its behalf. 

VIII. COMMENCEMENT, MODIFICATION, AND TERMINATION 

This MOU is to take effect when signed by all Parties, and remain in effect until either 

the effective date of the Performance Agreement or the date on which Department of 

Ecology must submit an attainment plan, whichever is earlier. This MOU may be 

amended at any time by the mutual written consent of the Parties. A Party's participation 

in the MOU may be terminated at any time upon written notification to the other Parties 

at least 90 days in advance of the termination date. This MOU may otherwise be 

terminated by written agreement of the Parties. . 
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IX. POINTS OF CONTACT 

The following individuals are designated points of contact for this MOU: 

U.S. Environmental Protection Agency, OAQPS 

Tom Coda, (919) 541-3037, coda.tom@epa.gov 

U.S. Environmental Protection Agency 

Office of Air Quality Planning and Standards 

Air Quality Policy Division, Mailcode C539-01 

109 T.W. Alexander Drive 

Research Triangle Park, NC 27711 

Laura Bunte, (919) 541-0889, bunte.laura@epa.gov 

U.S. Environmental Protection Agency 

Office of Air Quality Planning and Standards 

Outreach and Information Division, Mailcode C304-01 

i09 T.W. Alexander Drive 

Research Triangle Park, NC 27711 

- U.S. Environmental Protection Agency, Region 10 

Gina Bonifacino, (206) 553-2970, bonifacino.gina@epa.gov 

U.S. Environmental Protection Agency 

Region 10, Mailcode AWT-107 

1200 Sixth A venue 

Seattle, WA 98101 

State of Washington, Department of Ecology: 

Sarah Rees, (360) 407-6823, sare461@ecy.wa.gov 

Program Development Section 

Air Quality Program 

Washington State Department of Ecology 

300 Desmond Drive SE 

Lacey, WA 98503 

Puget Sound Clean Air Agency: 

Dave Kircher, (206) 689-4050, davek@pscleanair.org 

Jim Nolan,' (206) 689-4053, jimn@pscleanair.org 

Kathy Himes, (206) 689-4095, kathyh@pscleanair.org 

Puget Sound Clean Air Agency 

1904 Third A venue, Suite 105 

Seattle, WA 98101 
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Puyallup Tribe of lhdians: 

Mary Basballe, (253) 841-0378, mary.basballe@puyalluptribe.com 

Puyallup Tribe of Indians of Indians 

Environmental Department 

3009 East Portland A venue 

Tacoma, W A 98404 
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X. APPROVAL 

U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards 

Jf-zo-ro 

Date 

U.S. Environmental Protection Agency, Region 10 

J. McLerran, Regi nal Administrator 

Date 

State ofWashington, Department of Ecology 

Ted Sturdevant, Director 

Date 
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Puget Sound Clean Air Agency 

~-

Date I , 

Puyallup Tribe of Indians 

~ilion 

.L~ Sr., Chairman 

Datl