January 29, 1997

Donald F. Theiler, Director
Bureau of Air Management
Wisconsin Department of Natural Resources
PO Box 7921
101 South Webster Street
Madison, Wisconsin 53707

Dear Mr. Theiler:

This letter is in regard to your December 2, 1996, letter concerning the Oneida Nations
Electronics/Plexus Corporation facility being constructed on Oneida tribal reservation lands.
You have requested that the United States Environmental Protection Agency (USEPA)
reexamine the proposed facility's emissions estimates and our consideration on the issuance
of a construction permit.

The main concern you raised is the issuance of permits to sources located on Tribal lands.
USEPA will issue construction permits under the Prevention of Significant Deterioration (PSD)
permit program to new sources within Tribal reservation boarders which have the potential to
emit over 250 tons per year (tpy) of a regulated pollutant (100 tpy for one of the 28 source
categories). USEPA is currently not issuing construction permits to minor sources on Tribal
lands, i.e., sources which emit levels of pollutants below the Clean Air Act (CAA) PSD

Even though certain sources may not require a construction permit under the PSD program,
they may in the future be required to obtain an operating permit under Title 5 of the CAA. This
is because sources in attainment areas must get such a permit if they have the potential to
emit over 100 tpy of an air pollutant or 25 tons of a combination of hazardous air pollutants, or
10 tons of one hazardous pollutant. These operating permits will be issued in the 1998-1999
time frame either by the Tribe itself under authority outlined as being available to Tribes in
USEPA's proposed "Tribal Rule" or, if a Tribe does not wish to develop or be delegated such
an operating permit program, by USEPA.

With respect to the Oneida Nation Electronics/Plexus facility, USEPA's analysis showed that
the source has a potential to emit no more than 57 tons of volatile organic compounds per
year. Thus, it did not need a PSD permit to construct. Further, a telephone meeting was held
on December 12, 1996, between representatives from Oneida Nation Electronics/Plexus,
Oneida Nation, Wisconsin Department of Natural Resources permitting staff, and USEPA
Region 5. At that meeting, WDNR permitting staff had an opportunity to request the information
you specified in your letter, as well as any other concerns they had regarding the construction
of this facility. Oneida Nation Electronics/Plexus representatives stated that they will provide all
the requested information to the Oneida Tribe by February 1997, and subsequently the Oneida
will forward it to you and to us. Once USEPA receives that information from the Oneida Tribe
and reviews it, we will be able to determine the source's applicability for an operating permit
under Title 5 of the CAA, assuming the source's operations and emissions do not change from

now to 1998, the probable operating permit application due date for this proposed facility.

If you have any further questions or comments, please contact me or have your staff contact
Constantine Blathras at (312) 886-0671.

Sincerely yours,


Stephen Rothblatt, Chief
Air Programs Branch

cc: Jeffery Sanders
Oneida Nation

Marty Burkholder
Wisconsin Department of Natural Resources