STATE OF WASHINGTON 

DEPARTMENT OF ECOLOGY 

PO Box 47600 • Olympia, WA 98504·7600 • 360-407·6000 

711 for Wasllington Relay Service • Persons with a speech disability can call 877-833·6341 

October 24, 2014 

Dennis McLerran 

Regional Administrator 

U.S. EPA Region 10 

1200 Sixth Avenue 

Seattle Washington 98101 

RE: Transfer of authority for enforcement and modification of PSD permits issued under 

delegation and permits issued by EPA 

DearMr~ ~ 

The Washington Department of Ecology (Ecology) requests that the Environmental Protection 

Agency Region 10 (EPA) transfer the authority to enforce, modify, or revoke Prevention of 

Significant Deterioration (PSD) permits issued by EPA for facilities not under the jurisdiction of 

the Washington State Energy Facility Site Evaluation Council. 

In January 2014, Ecology submitted regulations to amend the Washington State Implementation 

Plan. If these regulations are approved, Ecology would take full responsibility for issuing PSD 

permits in Washington. 

EPA was solely responsible for and operated the PSD program in Washington under terms of a 

Federal Implementation Plan (FIP) from August 7, 1977 to 1983. Following adoption of a state 

PSD program regulation effective Sept. 26, 1983, Ecology received approval from EPA Region 

10 to operate a delegated PSD permitting program under the FIP effective October 1, 1983. 

PSD permits issued after October 1, 1983, are enforceable by the state since they were issued 

under state authority. These PSD permits were issued under terms of the FIP pursuant to the 

requirements of a PSD Program Delegation Agreement. Since the first agreement in 1983, there 

have been a number of agreements between EPA and Ecology. To clarify future implementation 

authority of these PSD perrnita we request EPA transfer full authority for the permits issued by 

Ecology under terms of the Delegation Agreements. 
Mr. Dennis McLerran 

October 24, 2014 

Page2 

Prior to the first delegation of the PSD program to Ecology, EPA issued a significant number of 

permits. Ecology is requesting EPA transfer the authority to enforce or amend these permits to 

Ecology. Ecology is also requesting the authority to enforce or amend any modified permits 

issued by EPA since 1983 affecting Ecology regulated sources. Allowing this transfer of 

authority will streamline the ability of Ecology and sources to make necessary changes to these 

EPA issued permits or rescind them if appropriate. 

Ecology has the legal ability to enforce and modify these pre-delegation permits through 

requirements contained in WAC 173-401 and WAC 173-400-750. WAC 173-401-600 requires 

the permitting authority to include all enforceable requirements in the issued permit. PSD 

permits are enforceable requirements whether they were issued by Ecology, EPA, or by Ecology 

under delegation from EPA. WAC 173-400-750 provides a procedure for Ecology to modify a 

PSD permit. Through the adoption of 40 CFR 52.21(w) in WAC 173-400-720(4)(a)(vi), 

Ecology also has the ability to revoke a PSD permit. 

As provided in WAC 173-400-730 and 740, the State would continue to notify EPA of our 

permit processing activities on all PSD permits in Washington. 

In reviewing WAC 173-400-720, we have determined that there is a typographical error in WAC 

173-400-720( 4)(b )(iii)( C). The reference to WAC 173-400-116(2) should be to (3) which 

contains a list of actions that do not impact increment consumptic,m. Th~ change does not affect 

enforceable requirements; only a pointer to requirements which take effect after EPA 

incorporates the PSD program requirements into the State Implementation Plan. The reference 

will be updated the next time this rule is revised. 

If you have any questions or require additional information, please contact Alan Newman at 

(360) 407-6810. 

Sincerely, 

_% 

Stuart A. Clark 

Cc: Maia Bellon, Ecology Director 

Kate Kelly, EPA Region 10 

Rob Elleman, EPA Region 10 

Jeff Hunt, EPA Region 10 

Alan Newman, Ecology