GILA RIVER INDIAN COMMUNITY

GILA RIVER INDIAN GILA RIVER INDIAN COMMUNITYCOMMUNITY

Natural Resources Natural Resources

StandingStanding

CommitteeCommitteeWork Session II on Air Work Session II on Air

Quality Tribal Quality Tribal Implementation PlanImplementation Plan

June 24, 2005June 24, 2005

WHY HAVE AN AIR WHY HAVE AN AIR QUALITY PROGRAM AT QUALITY PROGRAM AT

GRIC?GRIC?Over 45 businesses & Over 45 businesses & industriesindustriesAluminum-extrusion plants (3)Aluminum-extrusion plants (3)Hazardous-waste TSD Hazardous-waste TSD Explosives manufacturerExplosives manufacturerSand and gravel plants Sand and gravel plants

Industrial Facilities (cont.)Industrial Facilities (cont.)

Agricultural chemical supply (3)Agricultural chemical supply (3) Turbine test facilityTurbine test facility Concrete block manufacturerConcrete block manufacturer Mobile home manufacturerMobile home manufacturer Aerospace Aerospace

remanufacture/reworkremanufacture/rework OthersOthers

Air Quality ProgramAir Quality ProgramTribal Implementation Plan Tribal Implementation Plan

Protect Air Quality; HealthProtect Air Quality; Health

Tribal regulation rather than US Tribal regulation rather than US EPA or State of Arizona; shaped EPA or State of Arizona; shaped by Community values/needsby Community values/needs

Fill tribal gaps in federal Fill tribal gaps in federal program – important for industryprogram – important for industry

Open Process, familiar to Open Process, familiar to industryindustry

Costs & Benefits of Air Costs & Benefits of Air Quality RegulationQuality Regulation

Office of Management and Office of Management and Budget Report on costs and Budget Report on costs and benefits of all federal benefits of all federal regulations (2003)regulations (2003)

Air Quality regulations account Air Quality regulations account for majority of benefits (human for majority of benefits (human health)health)

Federal Laws and Federal Laws and RegulationsRegulations

Clean Air Act amendments of 1990Clean Air Act amendments of 1990 Tribal Authority Rule (TAR) 1998Tribal Authority Rule (TAR) 1998 Lawsuit by APS, SRP and several Lawsuit by APS, SRP and several

statesstates Gila River, Salt River, Navajo and Gila River, Salt River, Navajo and

Shoshone Bannock intervene in Shoshone Bannock intervene in lawsuit lawsuit

Court supports EPA and Tribes Court supports EPA and Tribes

First Steps of TIPFirst Steps of TIP

Emissions InventoryEmissions Inventory EPA determines GRIC eligible EPA determines GRIC eligible

for CAA program funds for CAA program funds 5 Full-time staff5 Full-time staff Scoping (open house/public Scoping (open house/public

comment)comment) Council ResolutionCouncil Resolution*not all federal programs (NSR, PSD)*not all federal programs (NSR, PSD)

Air Quality MonitoringAir Quality Monitoring

3 Air quality monitoring stations:3 Air quality monitoring stations:Sacaton: ozone (smog)Sacaton: ozone (smog)Casa Blanca: PMCasa Blanca: PM10 10 (dust & soot)(dust & soot)St. Johns: PMSt. Johns: PM2.5 2.5 , ozone, air toxics, ozone, air toxics

All three sites gather weather dataAll three sites gather weather data

TRIBAL TRIBAL IMPLEMENTATION IMPLEMENTATION

PLANPLAN

DEVELOPMENTDEVELOPMENT

Medical Waste Mngmnt Medical Waste Mngmnt OrdinanceOrdinance

1993 first ordinance – fee $10,000 1993 first ordinance – fee $10,000 plus $5,000 for autoclavesplus $5,000 for autoclaves

Federal Rules updated; DEQ Federal Rules updated; DEQ updates GRIC ordinance updates GRIC ordinance (stringent emission limits)(stringent emission limits)

Administrative Procedures – Administrative Procedures – appeals and enforcementappeals and enforcement

Enacted by Council in 2002Enacted by Council in 2002

Medical Waste Medical Waste Management Ordinance Management Ordinance

(cont.)(cont.) DEQ issues order; not appealedDEQ issues order; not appealed Anti-Trust settlement (AZ and Anti-Trust settlement (AZ and

Utah)Utah) Stericycle decides to close Stericycle decides to close

incinerator; autoclaves remainincinerator; autoclaves remain decommissioned (soil testing)decommissioned (soil testing) permit issued October 2004permit issued October 2004

(autoclaves)(autoclaves)

TIP Phase I (completed)TIP Phase I (completed)

First Phase of TIP enacted by First Phase of TIP enacted by Council in 2002 (Part I)Council in 2002 (Part I)

full public commentfull public comment establishes procedures for establishes procedures for

adopting TIPadopting TIP National Ambient Air Quality National Ambient Air Quality

Standards (NAAQS) adopted as Standards (NAAQS) adopted as GRIC standardsGRIC standards

TIP Phase IITIP Phase II ComponentsComponents

Part I – Previous PHASE I (passed by Part I – Previous PHASE I (passed by Council Council 2002)2002)

Part II – Permit Requirements Part II – Permit Requirements Part III – Enforcement Part III – Enforcement Part IV – Administrative ProceduresPart IV – Administrative Procedures Part V – Area Sources Part V – Area Sources Part VI – General sources Part VI – General sources Part VII – Specific sourcesPart VII – Specific sources

Permit Requirements – Part Permit Requirements – Part IIII

Meat of TIPMeat of TIP One air permit for a facilityOne air permit for a facility Permit contains requirementsPermit contains requirements What facilities need a What facilities need a

permit?permit?

Enforcement – Part IIIEnforcement – Part III

CivilCivil Criminal – GRIC DEQ and Criminal – GRIC DEQ and

Law Office completing MOA Law Office completing MOA withwith

the US EPAthe US EPA

Administrative Procedures – Administrative Procedures – Part IVPart IV

Medical Waste Management Medical Waste Management OrdinanceOrdinance

Chemical Emergency Planning Chemical Emergency Planning OrdinanceOrdinance

AppealsAppeals EnforcementEnforcement

Area Sources – Part VArea Sources – Part V

Open BurningOpen Burning Fugitive dustFugitive dust

General SourcesGeneral Sources - Part VI- Part VI

Visible Emissions (20% opacity)Visible Emissions (20% opacity) VOC use, storage and handlingVOC use, storage and handling Degreasing and metal cleaningDegreasing and metal cleaning

Similar to state and countiesSimilar to state and counties

Specific Sources – Part VIISpecific Sources – Part VII

Technical Support Documents Technical Support Documents (TSD’s)(TSD’s)

Proposed OrdinancesProposed OrdinancesSecondary Aluminum ProductionSecondary Aluminum ProductionAerospace Manufacturing & Aerospace Manufacturing &

ReworkReworkNonmetallic Mineral MiningNonmetallic Mineral Mining

Met with facilitiesMet with facilities

Open Burning (area source)Open Burning (area source)

1995 Solid Waste Ordinance stopped 1995 Solid Waste Ordinance stopped burning of trashburning of trash

DEQ and GRIC Fire Dept. jointly issue DEQ and GRIC Fire Dept. jointly issue burn permits for yard wasteburn permits for yard waste

For the last 3 summers, GRIC For the last 3 summers, GRIC Governor proclaimed a ban on any Governor proclaimed a ban on any type of burning due to dry conditionstype of burning due to dry conditions

Special permits may be approved by Special permits may be approved by GRIC Fire Dept.GRIC Fire Dept.

Open Burning (cont.)Open Burning (cont.)

Recently, DEQ staff distributed Recently, DEQ staff distributed

questionnaires on open burning to questionnaires on open burning to GRIC members at District meetingsGRIC members at District meetings

Total Respondents = 191Total Respondents = 191


2005 Questionnaire Results:2005 Questionnaire Results:

What Type of Burning Should be What Type of Burning Should be Allowed?Allowed? Yard Waste (Trees, Weeds, Grass etc.) 48%Yard Waste (Trees, Weeds, Grass etc.) 48% Trash 10%Trash 10% Land Clearing 17%Land Clearing 17% No burning Allowed 22%No burning Allowed 22% Other 3%Other 3%


2005 Questionnaire (cont.)2005 Questionnaire (cont.) Where do you dispose of your Solid Where do you dispose of your Solid

Waste?Waste? Public Works Container 74%Public Works Container 74% Transfer Station 11%Transfer Station 11%

Burn Barrel 3%Burn Barrel 3% Pit Dug in Back Yard 3%Pit Dug in Back Yard 3% Other 9%Other 9%


The current process for residential & The current process for residential & Agricultural burning includes:Agricultural burning includes:

Burn only landscape waste/weeds – a permit is Burn only landscape waste/weeds – a permit is required at no fee. Applications are available required at no fee. Applications are available at district service centers and the DEQ office at district service centers and the DEQ office in Sacatonin Sacaton

Burn small pilesBurn small piles Burn between 9:00 a.m. and 3:00 p.m.Burn between 9:00 a.m. and 3:00 p.m.


Notify neighbors within ¼ mileNotify neighbors within ¼ mile No permit is required for cultural No permit is required for cultural

activities, heating or cookingactivities, heating or cooking No permit required for religious No permit required for religious

or ceremonial activitiesor ceremonial activities


Based on Community Based on Community Comments, DEQ Comments, DEQ Anticipates Revising the Anticipates Revising the Proposed Open Burning Proposed Open Burning OrdinanceOrdinance


Anticipated Proposal:Anticipated Proposal: Keep Current Permit System for Keep Current Permit System for

household yard waste burning and household yard waste burning and Ag.Ag. DEQ/Fire Dept. PermitDEQ/Fire Dept. Permit No FeeNo Fee*No additional restrictions on burning *No additional restrictions on burning

in high density housing area (until in high density housing area (until alternate disposal available)alternate disposal available)


Commercial Land ClearingCommercial Land Clearing ( (10 acres 10 acres or greater)or greater)

Initial Land Clearing for Ag.Initial Land Clearing for Ag. Land Clearing for Housing Land Clearing for Housing

DevelopmentsDevelopments Land Clearing for Industrial Land Clearing for Industrial

FacilitiesFacilities


Additional permit Additional permit requirements for requirements for Commercial BurnsCommercial BurnsFire Suppression OnsiteFire Suppression OnsiteNotify Fire Dept. & Notify Fire Dept. & ANYONEANYONE affectedaffected

$100 fee except Community $100 fee except Community members & Tribal Entitiesmembers & Tribal Entities

Fugitive Dust Fugitive Dust

Permits are required for the followingPermits are required for the following

dust-producing activities:dust-producing activities: Commercial Earth Moving Operations Commercial Earth Moving Operations Demolition of buildingsDemolition of buildings Land clearing greater than 1 acreLand clearing greater than 1 acre Storage & handling of materials such as Storage & handling of materials such as

sand & gravel operationssand & gravel operations

Fugitive Dust (cont.)Fugitive Dust (cont.)

Exemptions: (Not Affected by Ordinance)Exemptions: (Not Affected by Ordinance)Agricultural activities other Agricultural activities other

than initial land clearing than initial land clearing Single family residences Single family residences Public Roads (Tribal, Federal, Public Roads (Tribal, Federal,

Local)Local)


Permitted sources will be Permitted sources will be required to required to

submit a Dust Control Plan submit a Dust Control Plan describing what method will be describing what method will be used to control dust, such as:used to control dust, such as:

Watering Watering Chemical applicationChemical application Prevent vehicle track-outPrevent vehicle track-out


Cover or wet piles to create crustCover or wet piles to create crust Cover trucks hauling materialsCover trucks hauling materials

Certain industrial sources may need to Certain industrial sources may need to

submit a dust control plan for roadways submit a dust control plan for roadways

and unpaved parking areas and unpaved parking areas

Fugitive Dust (cont)Fugitive Dust (cont)

Earth Moving Permit FeeEarth Moving Permit Fee 1 acre to 10 acres 1 acre to 10 acres $75.00$75.00 10 acres or greater10 acres or greater $36.00/acre plus $36.00/acre plus

$110.00$110.00

[Example 10 x $36.00 + $110.00 = [Example 10 x $36.00 + $110.00 = $470.00]$470.00]

*Tribal Entities are exempt from fees*Tribal Entities are exempt from fees

Large & Small / New & Large & Small / New & Existing SourcesExisting Sources

Large Sources (Major; Title V)Large Sources (Major; Title V) Pimalco is currently the only major Pimalco is currently the only major

source at GRICsource at GRIC Smaller Sources (minor) and Smaller Sources (minor) and

SyntheticSynthetic

Minor Sources Minor Sources New Sources New Sources Existing (changes?)Existing (changes?)

ConceptsConcepts

Emissions from sources cannot Emissions from sources cannot cause a violation of air quality cause a violation of air quality standardsstandards

Public Participation (permits)Public Participation (permits) Include some federal Include some federal

regulations ‘by reference’regulations ‘by reference’ Emissions – based on technologyEmissions – based on technology

ATTAINMENTATTAINMENT(Clean Air)(Clean Air)

The TIP Assumes The TIP Assumes GRIC is GRIC is “Attainment”“Attainment”

Permit FeesPermit Fees

Title V - CAA requires large sources to Title V - CAA requires large sources to pay for cost of developing and pay for cost of developing and implementing the Title V programimplementing the Title V program

States and counties charge feesStates and counties charge fees GRIC charges fee to medical waste GRIC charges fee to medical waste

incinerator/autoclavesincinerator/autoclaves GRIC permit fees are similar to GRIC permit fees are similar to

surrounding jurisdictionssurrounding jurisdictions Most fees range from $75 to $3,100Most fees range from $75 to $3,100

Next Steps & TimetableNext Steps & Timetable

May – July 2005May – July 2005 Public Comment Period closes July Public Comment Period closes July

11 Public Hearing Held June 22, 2005Public Hearing Held June 22, 2005 Presentations to Districts Presentations to Districts

(complete)(complete) Presentations to other entities Presentations to other entities

(complete)(complete)

Next Steps & Timetable Next Steps & Timetable (cont.)(cont.)

July – August 2005:July – August 2005:

Review of commentsReview of comments Revise ordinancesRevise ordinances Submit Summary of Comments Submit Summary of Comments

and revised TIP ordinances to and revised TIP ordinances to NRC, Legislative and Council for NRC, Legislative and Council for enactmentenactment

Next Steps & Timetable Next Steps & Timetable (cont.)(cont.)

After Council Enactment, After Council Enactment, GRIC will submit TIP (Phase I GRIC will submit TIP (Phase I and Phase II) to US EPA and Phase II) to US EPA (September 2005)(September 2005)

Delegation of Federal Delegation of Federal AuthorityAuthority

Anticipate September 2006Anticipate September 2006

EPA approves GRIC TIP EPA approves GRIC TIP

Federal authority to GRIC for Federal authority to GRIC for TIP programsTIP programs