105 Air Quality Grant
Gila River Indian Community
Department of Environmental Quality
Air Quality Program
Fourth Quarter Report
July 1 through September 30, 2005
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The GRIC Air Quality Program objectives outlined in the 105 grant application for fiscal year 2005, include timelines and activities primarily related to the Tribal Implementation Plan for air quality management. Those objectives include:
· eligibility determination
· submission of the TIP to the EPA
· develop earth moving permit application and guidance for completing applications
· provide notice to facilities regarding timeline for permit applications
· conduct compliance and assistance work shop
· begin drafting air quality permits for the highest priority industrial sources
A number of the objectives that allow the TIP to progress have been delayed, causing the delay of tasks that would follow.
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Objective 1: Complete Eligibility Determination Packet for Applicable Sections of the CAA
The department director of DEQ and GRIC Law Office continue review of the eligibility determination packet and revisions are made as necessary.
Air quality staff has compiled material that will illustrate GRIC’s ability to implement certain sections of the Clean Air Act. The packet contains extensive background information on the Gila River Indian Community and the development of the Air Quality Program. Based on an emissions inventory, the air program prioritized which pollution sources needed to be addressed first, and is also taking into account future projects the Community is considering. These factors will demonstrate the GRIC’s need for an air quality program to manage pollution sources within the Community.
By means of compliance and regulatory ordinances, the GRIC has in place a well-structured enforcement and judicial process. These elements are discussed in detail in the packet. The ordinance which lays out the administrative appeals process and judicial review was approved by Council as part of the initial ordinances that make up Phase I (formerly Section I) of the TIP. The purpose of these two sections is to provide a fair, impartial and independent forum by which the regulated community and other affected parties can seek review of DEQ decisions. To address criminal enforcement, the GRIC DEQ intends to enter into a Memorandum of Understanding with EPA Region 9 governing the referral process. The packet also summarizes enforcement capabilities. Biographies of personnel include documentation of experience, training, education and certification to illustrate enforcement capabilities of air quality staff. Additional documentation will include a legal description of the reservation land area, a narrative of the tribal governmental body and duties of the governor, verification that GRIC is a federally recognized tribe and ambient air quality monitoring data to support the program’s technical ability.
Objective 2: Submit the GRIC TIP with Additional Ordinances (e.g., Open Burning, Fugitive Dust Emissions, Storage, Handling and Usage of VOCs, Metal Solvent Cleaning, Etc.) In Accordance with TIP Phase I Procedures
Last quarter, the GRIC DEQ Air Quality Program held a formal public hearing to solicit comments from the public on the draft Tribal Implementation Plan for air quality management at Gila River. Packets containing public hearing announcements and the draft ordinances that make up the TIP were sent to approximately 150 steakholders and interested parties. The public hearing followed a 30-day public comment period in which verbal and written comments were received from individuals representing industry, an environmental advocacy group, environmental regulatory agencies and members of the general public. The air program anticipates submitting the TIP to GRIC Council for final review and approval sometime in December of this year or early 2006. The TIP will then be submitted to the Environmental Protection Agency (EPA) for extensive review and eventual approval.
TIP Comments:
The Environmental Protection Agency submitted the largest number of comments on the ordinances, ranging from document format suggestions to technical test methods for measuring various air pollutants. Two sets of comments were sent by EPA and received by GRIC DEQ after the comment period had expired. The delay was due to the extensive review done by EPA employees from numerous programs with expertise in policy and technical issues, permit requirements, civil and criminal enforcement policies, legal aspects of the Clean Air Act and environmental regulations. The air program has been working closely with the EPA as the TIP progresses in order to address issues that may arise and possibly delay the approval process. On August 23, the air quality staff participated in a conference call with EPA to discuss the comments in detail and possible revisions to the ordinance based on the comments. Staff also discussed how particular ordinances impacted Community members on a local level. This gave the air program an opportunity to discuss in detail the goals and values of the Community in relation to the protection of air quality at GRIC. Often, EPA is unaware of the unique position many tribes face when considering cultural values connected to the environment. Sovereignty and jurisdictional issues are also important matters that are often discussed.
Comments submitted by Romic, a hazardous waste treatment, storage and disposal facility located in the Lone Butte Industrial Park, addressed a number of technical issues. GRIC DEQ and Romic representatives continue discussion to resolve these issues. Air quality staff is working with the Environmental Protection Agency to determined regulatory requirements for Romic and the most effective method for achieving compliance. Air quality employees Russell Betsuie and Will Antone have been working with Romic toward the purchase of a mobile air monitoring unit. As part of an EPA enforcement action, Romic is purchasing the equipment for the air program.
The air program continues maintaining an “open door” policy with industry as well as other interested steakholders as the TIP progresses. Recently air quality staff met with Gila River Sand and Gravel representatives to discuss the Fugitive Dust and Non-metallic Mineral Mining ordinances. The staff toured the gravel site for hands-on discussion of the process and how the ordinance requirements would be implemented. The tour was extremely productive for both parties involved. Continued communication and a clear understanding of issues minimizes possible setbacks that could delay completion of the TIP.
A Community activist group attended the hearing and gave verbal comment on the TIP. Three members of the Gila River Alliance for a Clean Environment (GRACE) voiced support of the TIP and acknowledged the need to establish air quality regulations for industry located within the Community. GRACE members stressed that environmental and cultural values be strongly considered when implementing policy and environmental regulations. TIP comments sent to GRIC DEQ by off-Community regulatory agencies have offered helpful suggestions and voiced strong support for the GRIC TIP.
As a result of the number of comments submitted to DEQ and ordinance revisions implemented based on those comments, the department will be conducting a second public hearing. The hearing date will be determined following the final revisions to the affected ordinances. An additional hearing will give steakholders a second chance to review the revised ordinances with changes addressed by the department. The revised ordinances will then be submitted to the appropriate committees and on to tribal council with documentation of the comments, responses and the resulting revisions made by the department.
Objective 3: Develop Earth Moving Permit Application Forms, Guidance for Completing Permit Applications
The GRIC air quality staff has drafted a permit application form for earth moving activities in an area covering one or more acres. The draft cannot be finalized until tribal council approves the TIP ordinances. Permit application forms along with guidance on how to complete the form will be sent to the non-metallic mineral mining and processing operations at GRIC in the first wave of permit applications. The remaining facilities will receive notice from the Director as the permit program proceeds.
A facility or entity that is required to obtain an air quality permit must supply applicable information such as emission inventory data, facility information, air pollution control equipment and compliance certification.
Objective 4: Provide Notice to Industrial Facilities that Permit Applications Must be Completed and Submitted to the Department
During previous outreach efforts, the DEQ discussed with industry the general requirements contained in the Permit Ordinance. After the Department finalizes the ordinances and permit applications, staff will conduct a workshop with industry to answer specific questions and assist with completion of the forms if needed. Once the ordinances are approved by tribal council (making the regulations tribally enforceable), the high priority sources will be required to submit applications first.
Objective 5: Hold a Compliance Assistance Workshop With Regulated Sources on Tribally Enforceable Ordinances
The Air Quality Program cannot complete this objective until a final draft of the TIP has been approved by the Community Council.
Objective 6: Begin Drafting the Initial Air Quality Permits for the Highest Priority Industrial Facilities
The Air Quality Program cannot complete this objective until a final draft of the TIP has been approved by the Community Council.
Objective 9: Continue On-Going Duties Involved in Air Quality Management
Throughout the grant period, GRIC air quality personnel will continue to work on the day to day activities associated with management of an air quality program. These everyday activities consume air resources including personnel time and effort. Air quality staff respond to air quality related complaints filed with the Department concerning open burning, earthmoving operations and operation of industrial plants. The complaint process includes contacting the complainant, compiling information, investigating the incident and drafting a detailed report. Other duties required of air quality staff include compliance assistance with various entities and industrial sources, issuing burn permits, and reviewing proposed leases and plans for new development projects including tribal development projects. The purpose of the lease and plan reviews is to protect the Community and Community members from potential environment problems which may result from the proposed project. Air quality personnel also attend meetings concerning two proposed freeway projects in GRIC land. The freeways have the potential to adversely impact air quality at GRIC far beyond any other type of industrial source. For this reason, the Governor of GRIC directed the air program to be directly involved throughout development of the freeway projects. GRIC air quality staff will also continue, upon request, to assist tribal environmental professionals throughout the U.S. with air quality program development issues, training and consultation as resources permit.