One Tribe’s Approach to TIP Development: The Gila River Experience Dan Blair, Air Quality Specialist Gila River Indian Community Department of Environmental Quality

2 Background: Gila River Indian Community  Central Arizona, adjacent to Phoenix  Akimel O’odham (Pima) & Pee Posh (Maricopa)  Located in Maricopa & Pinal counties  Established in 1859 by Executive Order  374,000 acres  Population 15,500 people (on reservation)

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5 Industrial Facilities Three industrial parks, 45 businesses & industries  Medical waste incinerator  Aluminum-extrusion plants (3)  Largest hazardous-waste TSD in AZ  Explosive manufacturer  Extremely hazardous gas storage facility  Sand and gravel plants (3)

6 Industrial Facilities (cont.)  3 million shredded tires  Cotton Gin & delinting plants  Agricultural chemical supply (3)  Turbine test facility  Concrete block manufacturer  Mobile home manufacturer  Aerospace remanufacture/rework facility

7 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)

8 GRIC Air Quality Program (Personnel)  Air Quality Specialists (3)  Air Quality Project Assistants (2)  GRIC Air Quality Team

9 Air Quality Program (Daily Responsibilities)  Review proposals for new facilities-GRIC business & land development procedures  Review EA’s & EIS’s for new construction projects  Issue burn permits (landscape waste only)  Issue permit and conduct compliance activities under medical waste ordinance

10 GRIC Air Quality Program (Daily Responsibilities- cont.)  Respond to air quality related complaints  Compliance assistance activities  Air quality monitoring activities  Conduct air quality outreach  Participate in Joint Air Toxic Assessment Project (JATAP)

11 GRIC Air Program (Daily Responsibilities- cont.)  Review and comment on Title 5 permits  Participate in national tribal air quality working groups/initiatives  Conduct TIP development related task

12 GRIC Air Quality Program Accomplishments  Needs assessment (identify sources, needs for air program)  Emissions Inventory  Identify problem sources/source classifications  Use EI info for monitor station design & location  Use EI info for designation under new NAAQS  Use as basis for TIP development

13 GRIC Air Quality Program (Accomplishments) (cont.)  Mail-out packet for annual EI  Use annual EI to track reduction of pollutants  Applied for and received eligibility determination (TAS)  Applied for and received 105 grant funding

14 GRIC Air Quality Program (Accomplishments) (cont.)  Submitted proposal and received funding to develop monitoring network  Developed QAPP for monitoring network (received Partial Approval May 2002)  Submitted designation recommendation under revised NAAQS (ozone, CO, PM)

15 GRIC Air Quality Program (Accomplishments) (cont.)  Drafted TIP scoping document and received Tribal approval to develop TIP  Drafted first section of GRIC TIP and submitted for public comment (5/01)  Reviewed comments and drafted responses  Finalized revisions to GRIC Medical Waste Management Ordinance, submitted for public comment (6/01)  Final approval of MWO by Council 4/02

16 TIP Development: Completed Tasks  Developed TIP concept paper  Developed TIP scoping document  Applied for 105 grant to develop TIP

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18 TIP Completed Tasks (cont.)  Applied for eligibility determination for Treatment as a State (TAS)  (6 month process)  GRIC received TAS under 106 water quality grant (1989)  30-day review by EPA attorneys  30-day review by Affected Governmental agencies (boundaries only)

19 TIP Completed Tasks (cont.)  EPA approved 105 grant funding for ongoing Air Quality Program 3/31/99  TAS approved by EPA 3/31/99  Received EPA funding award as amendment to 105 grant for development of 3 monitoring stations 2/2000

20 TIP Completed Tasks (cont.)  Designed monitoring network after consultation with State and local monitoring personnel  Conducted extensive outreach efforts to gain support for GRIC TIP  Drafted first section of GRIC TIP and submitted for public comment 5/01  Received comments & drafted responses 6/02  Purchased air samplers and met equipment

21 TIP Completed Tasks (cont.)  Set up 3 stations (PM 10, PM 2.5,, ozone, met)  Drafted and revised Technical Support Documents (TSDs)  Developed draft TIP regulations (Section II & III of GRIC TIP)  Regulations for specific categories of sources  Regulations for permitting, enforcement, appeals etc.

22 Proposed TIP Elements  Permitting Program  Area/small source permitting program  Synthetic minor permitting program  HAPs sources permitting program  GRIC will not initially develop pre- construction NSR or PSD permit programs  GRIC will develop a Non-TIP - Title 5 Operating Permitting Program

23 Proposed TIP Elements (cont.)  Legal Authorities  General Authority Ordinance/Reg.  GRIC Tribal Courts  GRIC Tribal Law Office  Develop legal authorities where lacking (e.g. appeals process)  Develop enforcement process (e.g. DEQ enforcement policy)

24 Proposed TIP Elements (cont.)  Legal Authorities  Develop rules/regs./ordinances  Reference by rule NSPS, NESHAPS, Federal Regulations  Adopt provisions of local agency rules/regs.

25 Proposed TIP Elements (cont.)  Compliance Inspection Program  Annual inspections for major sources  Biannual inspections for small/area sources  Performance testing requirements

26 Proposed TIP Elements (cont.)  Ambient Monitoring Program  Monitor for PM 10, PM 2.5 and ozone  Meteorological stations

27 Proposed TIP Elements (cont.)  Dust Control Program  Construction sites  Agricultural operations (BMPs)

28 Proposed TIP Elements (cont.)  Stakeholder Participation  State, county, city, community, industry, agriculture, Tribal officials  Meetings with ADEQ, MAG, Chandler, Phoenix, tribal community  GRIC Departments, organizations

29 Proposed TIP Elements (cont.)  Public Notice/Comment Period  Open houses  Advertise TIP in local newspapers  Hold public meetings/hearings

30 Proposed TIP Elements (cont.)  Submittal Process for Final Draft of TIP  Present to NRC  Present to Council for resolution for approval  Submit final draft to EPA for approval

31 GRIC TIP Stakeholder Participation Process  TIP Concept paper  Summary described benefits of TIP, funding sources, EPA regulation vs Tribal etc.  Proposal describing need, AQ issues, goals & objectives  Presented to NRC and Council  Received direction to develop TIP scoping document

32 GRIC TIP Stakeholder Participation Process (cont.)  Council resolution approving proposal to EPA for funding to develop a TIP  Developed draft scoping document (used for all outreach efforts)  Executive summary of scoping document  Definitions

33 GRIC TIP Stakeholder Participation Process (cont.)  Outreach meetings to discuss elements of scoping document  ADEQ  Maricopa County Environmental Services  Maricopa Association of Governments  Pinal County  City of Chandler

34 GRIC TIP Stakeholder Participation Process (cont.)  City of Phoenix  Sun Lakes  Salt River Indian Community  Fort McDowell  7 GRIC Districts

35 GRIC TIP Stakeholder Participation Process (cont.)  Conducted Open House on scoping document  Mass mailing of scoping document (150)  2-presentations on proposed scoping document elements  Question and comment sheets  Approximately 50 attendees

36  Developed summary of comments from stakeholder meetings and open house  Presented summary of comments and responses to NRC, Council, Districts  Drafted Section I of the GRIC TIP (4/00), presented to NRC, Council, Districts GRIC TIP Stakeholder Participation Process (cont.)

37 GRIC TIP Stakeholder Participation Process (cont.)  Returned To NRC with packet containing scoping document, Section I of TIP and Medical Waste Ordinance and circuit court decision on TAR  Meeting with ADEQ to discuss scoping document, Section I of TIP, etc.

38 GRIC TIP Stakeholder Participation Process (cont.)  Special breakfast meeting at request of NRC to discuss progress of TIP, scoping document, MWO  Council meeting with Scoping Document, summary of comments/responses, AQ chart, definitions, funding summary, values of AQ program (received final approval of scoping document)

39 GRIC TIP Stakeholder Participation Process (cont.)  Meetings with NRC and Council (8/00-11/00)  Revisions to MWO  Resolution for GRIC designation recommendation under 8 hour ozone NAAQS  NCAI resolutions  Unanimous approval of GRIC resolution  Unanimous approval of NCAI resolutions

40 GRIC TIP Stakeholder Participation Process (cont.)  Council meeting (12/00)  Section I of TIP with outline and chart  Section I of TIP unanimously approved to submit for public comment (45 days)  NRC meeting  AISES air video

41 GRIC TIP Stakeholder Participation Process (cont.)  NRC Meeting  Section I of TIP with outline and chart  Virgil Masayesva and David LaRoche (ITEP)  Doug McDaniel (EPA)  Section I of TIP unanimously approved

42 GRIC TIP Stakeholder Participation Process (cont.)  Council meeting  Medical Waste Ordinance  Administrative procedures/appeals process  Recommended special Council meeting

43 GRIC TIP Stakeholder Participation Process (cont.)  Special Council Meeting  Medical Waste Ordinance  Administrative procedures/appeals process  Dean Suagee-Vermont Law School presented  Attended by GRIC Departments and Law Office

44 GRIC TIP Stakeholder Participation Process (cont.)  Submitted Section I of GRIC TIP for public comment 45 days (mid May 2001)

45 GRIC TIP Stakeholder Participation Process (cont.)  Lessons Learned  Summarize all technical documents/ proposals  Develop consistent process for submitting documents to decisions makers (e.g. NRC, Council, Districts)  Document all questions and comments

46 GRIC TIP Stakeholder Participation Process (cont.)  Lessons Learned  Expect the Unexpected (opposition from anywhere-questions from left field)  Once is not enough! Be repetitive!  Education is the key  Assume no one knows anything about CAA  Simplify technical docs into layman's terms  Spell out acronyms, include maps/pictures/graphics

47 GRIC TIP Stakeholder Participation Process (cont.)  Patience  Perseverance

48 GRIC Medical Waste Management Ordinance Development  Medical Waste Incinerator located at GRIC in 1993  GRIC drafted MWO in 1993 to regulate storage, handling and treatment of HMI waste  No federal emission limits at this time

49 MWO Development (cont)  EPA promulgated federal guidance 40 C.F.R subpart Ce for HMIWIs  Guidance had emission limits more stringent than existing GRIC MWO  EPA promulgated Federal Rule, HHH  Fed guidance and rule contained addition requirements (testing, training, reporting, waste reduction etc.)

50 MWO Development (cont)  DEQ felt that existing ordinance needed revision  DEQ research discovered a permit with more stringent emission limits than Feds (Bay Area incinerator)  Bay area emission limits based on health assessment  GRIC adopted Bay Area limits

51 MWO Development (cont)  GRIC ordinance contains storage, handling, reporting, testing etc. requirements  Compliance by July 10, 2002 vs Sept. 30, days  After extensive outreach, GRIC ordinance received final approval by Community Council April 10, 2002

52 MWO Development (cont)  GRIC ordinance is Tribally enforceable  GRIC will submit ord to EPA for approval under section 111D  Submit at same time as TIP  Upon EPA approval, MWO will be Federally enforceable  GRIC will include requirements in Title 5 permit

53 MWO Development (cont)  Under GRIC ordinance facility must submit:  Permit application  Performance test results  O&M plan  Waste reduction plan  Transportation plan