GILA RIVER INDIAN COMMUNITY

GILA RIVER INDIAN COMMUNITY Natural Resources Standing Committee Work Session II on Air Quality Tribal Implementation Plan June 24, 2005

WHY HAVE AN AIR QUALITY PROGRAM AT GRIC? Over 45 businesses & industries • Aluminum-extrusion plants (3) • Hazardous-waste TSD • Explosives manufacturer • Sand and gravel plants

Industrial Facilities (cont.) • Agricultural chemical supply (3) • Turbine test facility • Concrete block manufacturer • Mobile home manufacturer • Aerospace remanufacture/rework • Others

Air Quality ProgramTribal Implementation Plan • Protect Air Quality; Health • Tribal regulation rather than US EPA or State of Arizona; shaped by Community values/needs • Fill tribal gaps in federal program – important for industry • Open Process, familiar to industry

Costs & Benefits of Air Quality Regulation • Office of Management and Budget Report on costs and benefits of all federal regulations (2003) • Air Quality regulations account for majority of benefits (human health)

Federal Laws and Regulations • Clean Air Act amendments of 1990 • Tribal Authority Rule (TAR) 1998 • Lawsuit by APS, SRP and several states • Gila River, Salt River, Navajo and Shoshone Bannock intervene in lawsuit • Court supports EPA and Tribes

First Steps of TIP • Emissions Inventory • EPA determines GRIC eligible for CAA program funds • 5 Full-time staff • Scoping (open house/public comment) • Council Resolution *not all federal programs (NSR, PSD)

Air Quality Monitoring 3 Air quality monitoring stations: • Sacaton: ozone (smog) • Casa Blanca: PM10 (dust & soot) • St. Johns: PM2.5 , ozone, air toxics All three sites gather weather data

TRIBAL IMPLEMENTATION PLAN DEVELOPMENT

Medical Waste Mngmnt Ordinance • 1993 first ordinance – fee $10,000 plus $5,000 for autoclaves • Federal Rules updated; DEQ updates GRIC ordinance (stringent emission limits) • Administrative Procedures – appeals and enforcement • Enacted by Council in 2002

Medical Waste Management Ordinance (cont.) • DEQ issues order; not appealed • Anti-Trust settlement (AZ and Utah) • Stericycle decides to close incinerator; autoclaves remain • decommissioned (soil testing) • permit issued October 2004 (autoclaves)

TIP Phase I (completed) • First Phase of TIP enacted by Council in 2002 (Part I) • full public comment • establishes procedures for adopting TIP • National Ambient Air Quality Standards (NAAQS) adopted as GRIC standards

TIP Phase IIComponents • Part I – Previous PHASE I (passed by Council 2002) • Part II – Permit Requirements • Part III – Enforcement • Part IV – Administrative Procedures • Part V – Area Sources • Part VI – General sources • Part VII – Specific sources

Permit Requirements – Part II • Meat of TIP • One air permit for a facility • Permit contains requirements • What facilities need a permit?

Enforcement – Part III • Civil • Criminal – GRIC DEQ and Law Office completing MOA with the US EPA

Administrative Procedures – Part IV • Medical Waste Management Ordinance • Chemical Emergency Planning Ordinance • Appeals • Enforcement

Area Sources – Part V • Open Burning • Fugitive dust

General Sources- Part VI • Visible Emissions (20% opacity) • VOC use, storage and handling • Degreasing and metal cleaning Similar to state and counties

Specific Sources – Part VII • Technical Support Documents (TSD’s) • Proposed Ordinances • Secondary Aluminum Production • Aerospace Manufacturing & Rework • Nonmetallic Mineral Mining • Met with facilities

Open Burning (area source) • 1995 Solid Waste Ordinance stopped burning of trash • DEQ and GRIC Fire Dept. jointly issue burn permits for yard waste • For the last 3 summers, GRIC Governor proclaimed a ban on any type of burning due to dry conditions • Special permits may be approved by GRIC Fire Dept.

Open Burning (cont.) • Recently, DEQ staff distributed questionnaires on open burning to GRIC members at District meetings • Total Respondents = 191

Open Burning (cont.) • 2005 Questionnaire Results: • What Type of Burning Should be Allowed? • Yard Waste (Trees, Weeds, Grass etc.) 48% • Trash 10% • Land Clearing 17% • No burning Allowed 22% • Other 3%

Open Burning (cont.) • 2005 Questionnaire (cont.) • Where do you dispose of your Solid Waste? • Public Works Container 74% • Transfer Station 11% • Burn Barrel 3% • Pit Dug in Back Yard 3% • Other 9%

Open Burning (cont.) The current process for residential & Agricultural burning includes: • Burn only landscape waste/weeds – a permit is required at no fee. Applications are available at district service centers and the DEQ office in Sacaton • Burn small piles • Burn between 9:00 a.m. and 3:00 p.m.

Open Burning (cont.) • Notify neighbors within ¼ mile • No permit is required for cultural activities, heating or cooking • No permit required for religious or ceremonial activities

Open Burning (cont.) Based on Community Comments, DEQ Anticipates Revising the Proposed Open Burning Ordinance

Open Burning (cont.) Anticipated Proposal: • Keep Current Permit System for household yard waste burning and Ag. • DEQ/Fire Dept. Permit • No Fee *No additional restrictions on burning in high density housing area (until alternate disposal available)

Open Burning (cont.) Commercial Land Clearing (10 acres or greater) • Initial Land Clearing for Ag. • Land Clearing for Housing Developments • Land Clearing for Industrial Facilities

Open Burning (cont.) • Additional permit requirements for Commercial Burns • Fire Suppression Onsite • Notify Fire Dept. & ANYONE affected • $100 fee except Community members & Tribal Entities

Fugitive Dust Permits are required for the following dust-producing activities: • Commercial Earth Moving Operations • Demolition of buildings • Land clearing greater than 1 acre • Storage & handling of materials such as sand & gravel operations

Fugitive Dust (cont.) • Exemptions: (Not Affected by Ordinance) • Agricultural activities other than initial land clearing • Single family residences • Public Roads (Tribal, Federal, Local)

Fugitive Dust (cont.) Permitted sources will be required to submit a Dust Control Plan describing what method will be used to control dust, such as: • Watering • Chemical application • Prevent vehicle track-out

Fugitive Dust (cont.) • Cover or wet piles to create crust • Cover trucks hauling materials Certain industrial sources may need to submit a dust control plan for roadways and unpaved parking areas

Fugitive Dust (cont) • Earth Moving Permit Fee • 1 acre to 10 acres $75.00 • 10 acres or greater $36.00/acre plus $110.00 [Example 10 x $36.00 + $110.00 = $470.00] *Tribal Entities are exempt from fees

Large & Small / New & Existing Sources • Large Sources (Major; Title V) • Pimalco is currently the only major source at GRIC • Smaller Sources (minor) and Synthetic Minor Sources • New Sources • Existing (changes?)

Concepts • Emissions from sources cannot cause a violation of air quality standards • Public Participation (permits) • Include some federal regulations ‘by reference’ • Emissions – based on technology

ATTAINMENT(Clean Air) The TIP Assumes GRIC is “Attainment”

Permit Fees • Title V - CAA requires large sources to pay for cost of developing and implementing the Title V program • States and counties charge fees • GRIC charges fee to medical waste incinerator/autoclaves • GRIC permit fees are similar to surrounding jurisdictions • Most fees range from $75 to $3,100

Next Steps & Timetable May – July 2005 • Public Comment Period closes July 1 • Public Hearing Held June 22, 2005 • Presentations to Districts (complete) • Presentations to other entities (complete)

Next Steps & Timetable (cont.) July – August 2005: • Review of comments • Revise ordinances • Submit Summary of Comments and revised TIP ordinances to NRC, Legislative and Council for enactment

Next Steps & Timetable (cont.) • After Council Enactment, GRIC will submit TIP (Phase I and Phase II) to US EPA (September 2005)

Delegation of Federal Authority Anticipate September 2006 • EPA approves GRIC TIP • Federal authority to GRIC for TIP programs

GILA RIVER INDIAN COMMUNITY