1 GRIC TAS Development Process Dan Blair Compliance and Enforcement Mgr. Gila River Indian Community (GRIC) Department of Environmental Quality

2 Background: Gila River Indian Community  Akimel O’odham (Pima) & Pii Pash (Maricopa)  Located in Maricopa & Pinal counties  Established in 1859 by Executive Order  374,000 acres  Population 15,500 people (on- reservation)

3 Industrial Facilities  3 industrial parks, 45 businesses & industries  Other GRIC-Area Sources  40,000 agricultural acres  Acreage will increase to 140,000 over next 10 years  Interstate 10 bisects Community (largest source of air pollution)  Encroachment

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12 GRIC TAS Development  When presenting to decision-makers, best to use correct terminology  “Eligibility Determination from EPA to Implement Clean Air Act Programs in the Same Manner as a State” (also known as “Treatment as a State” or TAS)

13 Why GRIC Applied for Full TAS  Strengthen GRIC tribal sovereignty  Establish legal foundation to implement GRIC AQMP  GRIC vs EPA regulation  Protect human health and environment  Protect GRIC cultural heritage as an agricultural society  Strengthen economic development opportunities  Manage air emissions from industry & area sources

14 GRIC TAS Development Process  Reviewed previous TAS applications  Air Quality 105  Water Quality 106  Water Quality 319

15 GRIC TAS Development Process  Reviewed TAR requirements 49.6 for TAS  Federally Recognized Tribe  Tribe has governing body carrying out substantial governmental duties  Management and protection of air resources within exterior boundary of Reservation or other area within tribe’s jurisdiction  Tribe reasonably expected to be capable of carrying out functions of CAA regulation

16 GRIC TAS Development Process  Federally Recognized Tribe  Federal Register notice, Volume 63, No. 250, December 1998

17 GRIC TAS Development Process  Tribe has governing body carrying out substantial governmental duties  Constitution of the GRIC, March 17, 1960  GRIC Law and Order Code, Title 9  GRIC Org. Chart  Resolution GR Adoption of an Organization Plan for the Community Government

18 GRIC TAS Development Process  Tribe has governing body carrying out substantial governmental duties (cont.)  GRIC Code, Title 13, Business Licenses and Taxation  GRIC financial management & procurement policy  Other appropriate documents

19 GRIC TAS Development Process  Description of reservation boundaries  GRIC TAS eligibility award letters, CAA 105, CWA 106, CWA 319  EPA Region 9 letter providing GRIC authority to issue synthetic minor permits  Map of GRIC (GRIC original boundary and addition of land map)  Congressional Order February 28, 1859  Executive orders  Jurisdictional Letter (GRIC Law Office)

20 GRIC TAS Development Process  Capability description  Narrative of GRIC’s capability to administer CAA programs & staff bios  GRIC DEQ organizational chart  Copies of ordinances enforced by GRIC DEQ  GRIC DEQ accomplishments document  GRIC DEQ program activities brochure  GRIC AQMP

21 GRIC TAS Development Process  Additional documents  Criminal enforcement MOA between GRIC and EPA

22 GRIC TAS Development Process  GRIC submitted complete TAS packet to EPA requesting eligibility under sections 107(d), 110, 111, 112, 114, 505, Title V and any other section of CAA necessary for full implementation authority  EPA drafted Federal Register and Submitted it for Public Comment (30 days)

23 Stumbling Blocks/Delays  Public comment period – EPA brought up boundary dispute between GRIC and City of Phoenix  EPA recommended carving out portion of northern boundary for air quality regulation similar to Navajo carve-out

24 Stumbling Blocks/Delays  GRIC DEQ and Law Office refused carve-out due to other boundary disputes  GRIC Law Office drafted second letter addressing northern boundary  EPA received no comments on GRIC TAS application

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27 Stumbling Blocks/Delays  EPA still had concern about disputed boundary  Organized conference call with EPA R-9 attorneys, Headquarters attorneys, GRIC attorneys and GRIC DEQ  Final resolution: Phoenix did not comment on TAS and lost ability to challenge boundary

28 GRIC TAS Development Process  EPA approved GRIC TAS application  Presented Certificate of Completion to Will Antone at EPA Region 9 Conference, Tucson Arizona, October 21, 2009

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30 TAS Final Approval TAS application approved by Council Nov. 1, 2006 TAS support documents legal description and maps Oct. 6, 2008 TAS for public commentDec Law Office letter to address boundary dispute March 18, 2009 Revised criminal enforcement MOA Oct Final EPA approval of TASOct