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. EPARegion 10 1200 Sixth Avenue Seattle Washington 98101
RE: Transfer ofauthority for enforcement and modification ofPSD permits issued under delegation andpermits issued byEPA



## DearMr~ **~** The Washington Department ofEcology (Ecology) requests that the Environmental Protection Agency Region 10 (EPA) transfer the authority to enforce, modify, orrevoke Prevention of Significant Deterioration (PSD) permits issued by EPA for facilities not under thejurisdiction of the Washington State Energy Facility Site Evaluation Council. 

### In January 2014, Ecology submitted regulations to amend the Washington State Implementation Plan. Ifthese regulations are approved, Ecologywould take full responsibility for issuing PSD permits inWashington. EPA was solely responsible for and operated the PSD program inWashingtonunder terms ofa Federal Implementation Plan (FIP) from August 7, 1977 to 1983. Following adoption ofa state PSD program regulation effective Sept. 26, 1983, Ecology received approval from EPA Region 10 to operate a delegated PSD permittingprogram under the FIP effective October 1, 1983. PSD permits issued after October 1, 1983, are enforceable bythe state since they were issued under state authority. These PSD permits were issued under terms ofthe FIP pursuant to the requirements ofa PSD Program Delegation Agreement. Since the first agreement in 1983, there have been a number ofagreements between EPA and Ecology. To clarify future implementation authority ofthese PSD perrnita we request EPA transfer full authority for the permits issued by Ecology under terms ofthe Delegation Agreements.

### Mr. Dennis McLerran October 24, 2014 Page2 Prior to the first delegation ofthe PSD program to Ecology, EPAissued 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 anymodified permits issued byEPA since 1983 affecting Ecologyregulated sources. Allowing this transfer of authority will streamline the ability ofEcology and sources to make necessary changes to these EPA issued permits or rescind them ifappropriate. Ecologyhas the legal ability to enforce and modify these pre-delegationpermits through requirements contained inWAC 173-401 and WAC 173-400-750. WAC 173-401-600 requires the permitting authority to include all enforceable requirements in the issuedpermit. PSD permits are enforceable requirements whether they were issuedby Ecology, EPA, or byEcology under delegation from EPA. WAC 173-400-750 provides a procedure for Ecologyto modify a PSD permit. Through the adoption of40 CFR 52.21(w) inWAC 173-400-720(4)(a)(vi), Ecology also has the ability to revoke a PSD permit.
As providedin WAC 173-400-730 and 740, the State would continue to notify EPA ofour permit processing activities on all PSD permits inWashington.
In reviewing WAC 173-400-720, we have determined that there is a typographical error inWAC 173-400-720( 4)(b)(iii)(C). Thereference to WAC 173-400-116(2) should be to (3) which contains a list ofactions that do notimpact increment consumptic,m.

**Th~** change does not affect enforceable requirements; only a pointer to requirements whichtake effect after EPA incorporates the PSD programrequirements into the State Implementation Plan. The reference will be updated the nexttime this rule is revised.
Ifyou have anyquestions or require additional information, please contact Alan Newman at (360) 407-6810. Sincerely, 

# _% Stuart A. Clark
Cc: Maia Bellon, EcologyDirector Kate Kelly, EPA Region 10 Rob Elleman, EPA Region 10 JeffHunt, EPA Region 10 Alan Newman, Ecology