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GRIC TAS Development Process

GRIC TAS Development Process. Dan Blair Compliance and Enforcement Mgr. Gila River Indian Community (GRIC) Department of Environmental Quality. Background: Gila River Indian Community. Akimel O ’ odham (Pima) & Pii Pash (Maricopa) Located in Maricopa & Pinal counties

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GRIC TAS Development Process

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  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

  4. 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)

  5. 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

  6. GRIC TAS Development Process • Reviewed previous TAS applications • Air Quality 105 • Water Quality 106 • Water Quality 319

  7. 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

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

  9. 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-317-67 Adoption of an Organization Plan for the Community Government

  10. 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

  11. 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)

  12. 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

  13. GRIC TAS Development Process • Additional documents • Criminal enforcement MOA between GRIC and EPA

  14. 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)

  15. 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

  16. 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

  17. 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

  18. 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

  19. TASFinal Approval

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