Community Council Secretary's Office 

Standing Committee Review & Routing Form 

08-07-08 A09:23 IN 03-3 5-58 ill :3i ; :r 

STAMP DATE RECEIVE& 

GRIC-CCSO 

I EGlSLAllVE ASSISTANT 

DOCUMENT TITLE: AN ORDINANCE ADOPTING TECHNICAL AMENDMENTS TO PART II, SECTIONS 5.1, 

5.4. AND 5.6 OF ME AIR QUALITY MANAGEMENT PROGRAM PLAN, CODlF IED AT 

TITLE 17, CtiAFTER 9, Of THE G1LA RIVER INDIAN COMMUNITY LAW AND ORDER : 

CODE 

J 

PROGRAWWTITY: 

CONTACT PERSON MUCK ACLEN or 

PHONE NUMBER: 662-0760 DATE 

TYPE OF DOCUMENT: 

[ 1 Resolution X j Ordinance 

[ 1 638GmbudlQ~ [ 1 LeaseNo. 

[ I Archaeo~icelLioense I 1 coma& 

{ ] Memorandum of AgreemenVUnderstanding 

C 1 Homesite AgreementlAssignment 

SUPPORT DOWMENTAlYON: I. 'bchnicd hppod Document for the 011a Rhr Indian Community Ak 

Quality Management Program 

TO BE SUBMt7TED TO: Legislative @anding Cormfbe 

of Standtng Committee) 

FOR STANDING CO~EE 

CONSiDERAT4ON ON: 
DOCUMENT TITLE: AN ORDINANCE ADOPTING TECHNICAL AMENDMENTS TO PART II, SECTIONS 5.1, 

5.4, AND 5.5 OF THE AIR QUALITY MANAGEMENT PROGRAM PLAN. CODIFIED AT 

TITLE 17, CHAPTER 9, OF THE GILA RIVER lNDlAN COMMUNITY LAW AND ORDER 

CODE 

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REVIEWING DEPARTMENT: LAW OFFIE 

NAMvrtTLE: TO+ *~rc~& /s@ -pa V - 

JUL 1 7 2008 

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DOCUMENT TITLE: AN ORDINANCE ADOPTING TECHNICAL AMENDMENTS TO PART 11, SECTIONS 5.1,5.4, 

AND 5.5 OF THE AIR QUALITY MANAGEMENT PROGRAM PLAN, CODIFIED AT TITLE 17, 

CHAPTER 9. OF ME GILA RIVER INDIAN COMMUNITY LAW AND ORDER CODE 

STANDING COMMITTEE: 

CHAIRPERSON: 

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(ApprovaVDisspprovallDismian/etc.) 

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I 
Gila River lndian Community 

Executive Ofice Review 

Standing Committee Submittal 1 

I 

Exeltiyglj DATE: July 16,2008 I 

FOR REVlEW BY: Legislative Standing Committee ecord No. 

(Name of Standing Committee) 

REVIEW DATE: July 30,2008 

(Date of Standing Commitee Meeting) 

July 1 7,2008 (;I; A H!# il IN:!1>.?4 i:i!MMUNITY 

SUBMIT DEADLINE: 

DOCUMENT TITLE: The Gila River lndian Community Council Hereby Adopts Technical Amendments to Part 11, Sections 5.1,5.4, 

and 55 of the Air Quality Management Program Plan, Codified at Tie 17, Chapter 9, of the Glla River lndian 

Community Law and Order Code 

PROGRAM/DEPT: Law Offlce 

CONTACT NAME: Chuck Allen CONTACT TITLE: Attorney 

CONTACT NUMBER: 562-9760 CONTACT E-MAIL: tabethadouganmricnsn.us 

DOCUMENT 'TYPE: Resolution 

ArrACHED 

SUPPORTING 

DOCUMENTS: 

Technical Support Document for the Glla River lndian Community Air Quality Management Program 

EXECUTlM OFFICE USE ONLY 

NOTWCOM M ENTS: 

REQUESTED STANDING COMMITEE 

7-/ d - .- 

DATE 

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ORDINANCE GR- - -08 

THE GILA RIVER INDIAN COMMUNITY COUNCIL HEREBY ADOPTS 

TECHNICAL AMENDMENTS TO PART n, SECTIONS 5.1,5.4, AND 5.5 OF THE AIR 

QUALITY MANAGEMENT PROGRAM PLAN, CODIFIED AT TITLE 17, CHAPTER 9, 

OF THE GILA RIVER INDIAN COMMUNITY LAW AND ORDER CODE, AND 

ADOPTS THE TECHNICAL SUPPORT DOCUMENT AS PART OF THE AIR 

QUALITY MANAGEMENT PROGRAM PLAN 

WHEREAS, the Gila River Indian Community Council (the "Community Council") is the 

governing body of the Gila River Indian Community (the "Community"); and 

WHEREAS, the Community Council is empowered through Article XV, § l(a)(9) and (19) of 

the Constitution and Bylaws of the Community (March 17, 1960) to enact 

ordinances and laws which promote the health and welfare of the Community and 

its members; and 

WHEREAS, in GR-06-06, the Gila River Indian Community (the "Community") adopted the 

Air Quality.Management Plan ("AQMP"); and 

WHEREAS, .in its efforts to adopt the AQMP, the DEQ published notice of public hearings in 

the Arizona Republic and the Gila River Indian News and held a formal public 

hearing in July 2006, thereby satisfying all requirements for pre- and postadoption notice as set forth in the Notification Ordinance, GR-03-02, and those 

required in the federal Clean Air Act; and 

WHEREAS, the Community's Department of Environmental Quality, in conjunction with the 

department's contract legal representation, has discussed the AQMP with 

representatives of the United States Environmental Protection Agency ("EPA"); 

and 

WHEREAS, the EPA identified three areas of the AQMP that need technical revision before 

the EPA can approve the implementation of the AQMP; and 

WHEREAS, the Council now desires to make the three technical corrections to the AQMP to 

expedite the EPA review process and also supplement the AQMP with the 

attached Technical Support Document 

NOW, THEREFORE BE IT ENACTED, that the Community Council makes three technical 

corrections, attached hereto, to Part I1 of the Air Quality Management Program 

Plan, codified as Title 17, Chapter 9 of the Gila River Indian Community Law and 

Order Code. 

BE IT WRTHER ENACTED, the Community Council waives the requirements of the 

Notification Ordinance GR-03-02 for the minor technical amendments to the 

AQMP, as the amendments are in the best interests of the Community, and 
Mer, because the DEQ has already undertaken substantial public notification 

efforts in the adoption of the AQMP. 

BE IT FINALLY ENA(=TED, that the Governor or, in the Governor's absence, the Lieutenant 

Governor is hereby authorized to take all steps necessary to cany out the intent of 

this enactment. 

CERTIFICATION 

FOR COMMI'I.-I'EF, REVIEW 

AUG 0 6 2008 

GRlC CCSO 
TECHNICAL AMENDMENTS TO PART I1 OF THE 2006 AIR QUALITY 

MANAGEMENT PROGRAM PLAN, TITLE 17 CHAPTER 9 OF THE GILA RIVER 

INDIAN COMMUNITY LAW AND ORDER CODE 

1. Part XI. Chapter 5.1 is amended bv add in^ the following as paragraph C: 

"A significant permit revision shall be subject to the public participation requirements of 

subsection 4.6 of this Part." 

2. Part 11, Chapter 5.4(A)(2) is amended by changhx the ~aramph 

2. Increasing operating hours or rates of production above the 

permitted level mrtess the increase otherwise QEeates a conditian 

that requires a significant permit revision; 

to the following: 

2. "Increasing opating hours or rates of production above the permitted level unless 

the increase otherwise creates a condition that would require a significant permit 

revision under Section 5.5 (that is, a minor permit revision is appropriate when the 

permit does not establish a limit on an increase in operating hours or rates of 

production)." 

3. Part 11, Chapter 5.5(A)(3) is amended by changing the parawavh 

3. A change to or addition of an ~~ unit that will result in a net 

emission increase of a regulated pollutant greater than either 

twenty-five (25) tow per year or the sigdieant level defined in 

Section 1.0 of this Part, whichever is less; 

to the following: 

3. "A change to or addition of an emissions unit that will result in an increase in the 

potential to emit a regulated pollutant equal to or greater than either twenty-five (25) 

tons per year or the significant level defined in Section 1.0 of this Part, whichever is 

less;" 

(Note: The amendment to 5.5(A)(3) changesfiom the "net emission increase" standard to the 

"potential to emit" standard, thus rendering the "net emission increase" definition in Part II 

GRlC Council Secretary Office 
unnecessary. The technical amendment thus removes the "net emissions increase" definition.) 

GRlC Council Secretary Office 
Technical Support Document For The 

Gila River Indian Community Air Quality Management Program 

Interpretational Issues Raised by EPA 

The puxpose of this Technical Support Document ("TSD) for the Gila River Indian 

Community ("GR1C")Air Quality Management Program ("AQMP") is to provide guidance as to 

the meaning and implementation of ordinance provisions related to non-Title V sources and 

speci6cally address those issues raised by EPA concerning those provisions. The topics covered 

by this TSD are: 

1. Director Discretion under Section 4.4B; and 

2. Permit revision procedures under Section 5.0, including: 

a Replacement of air pollution control equipment 

b. Effective date and enforceability of changes under Section 5.2 

c. Recordkeeping requirements to verify compliance 

1. Director Discretion Under Section 4.4.B 

The EPA's adoption of the Tribal Authority Rule, under 40 C.F.R. Part 49, provided 

eligible tribes with the authorization to exercise the same rights and have the same 

responsibilities as states under the Clean Air Act ("CAA"). GRIC received authority in 1998 to 

implement applicable elements of the CAA for air quality management within the Community. 

Under such authorization, GRIC has the discretion to create a minor source (non-Title V) 

permitting program tailored to the needs and circumstances of the Community. 

In line with that discretion, GRIC has included a provision in Section 4.4.B of Part I1 of 

the AQMP that gives the Director discretion to waive a requirement or condition in a permit 

issued under the non-Title V provisions of the ordinance. The waiver must be in writing stating 

the basis for the waiver. The waiver is also subject to public notice and comment under Section 

4.6. A significant point that shouldbe noted is that the Director may only waive provisions in a 

minor source permit that is Cornmunityenforceable only and is designated as such in the permit. 

Thus, no requirement or condition that is derived from a provision in the EPA-approved Tribal 

hnplementation Plan ("TIP") can be waived by the Director. 

The purpose of allowing such discretion to the Director under Section 4.4.B is that the 

GRIC AQMP is a new program under which new permits will be issued to entities that have 

never been permitted before. Likewise, the GRIC permit writers and enforcers will be 

administering and enforcing these permits for the first time. If there are permit provisions that 

are fbund to be unworkable or otherwise problematic, GRIC feels it would be helpful to allow 

the Director to waive such provisions immediately, rather than having those provisions be 

GRIC Counc~~ secretary urrlctl 
subject to the delay of the permit revision process and thexeby create a situation in which a 

source is in continuing noncompliance with an unworkable pennit condition. As the program 

progresses and experience is gained by both permittees and GRIC, it is anticipated that waiver of 

provisions will occur infrequently if at all. 

2. Permit Revision Procedures Under Section 5.0 

A regulated Eacility may undergo changes monthly or, depending on the nature of the 

facility, even weekly or daily. Most of these changes do not have "regulatory significance," in 

that they are of such minimal or no environmental impact that it would make no sense to have a 

permittee be required to get a revised permit, seek the Department's permission to implement the 

change, inform the Department of the change or even record the change on the facility's records. 

However, because many changes do have regulatory significance, the AQMP describes those 

changes that require an action by the permittee, what action the permittee must take in response 

to the change and when the action must be taken. As the ordinance is structured, unless a change 

is specifically described in the ordinance as requiring a specific act, it can be implemented 

without any regulatory obligation. 

Under the AQMP for non-Title V sources, pennit revisions are governed by Section 5.0. 

The general types of changes requiring a permit revision are set forth under Section 5.1 .A. The 

purpose of Section 5.1 .A is simply to alert permittees of the more significant types of changes 

that require a permit revision. The specific requirements related to those permit revisions, 

including public participation requirements, are set forth in different sections as follows: (i) 

changes that require notice or logging, but do not require a permit revision (Section 5.2), (ii) 

changes and procedures that require a minor permit revision (Section 5.4), and (iii) changes and 

procedures that require a significant permit revision (Section 5.5). More specific guidance 

regarding these procedures as applied to changes affecting air pollution control equipment is set 

forth below. 

a. Changes to air pollution control eaui~ment 

There are essentially four paradigms addressing replacement of or change to an item of 

air pollution control equipment at a non-Title V source. Each paradigm has a different 

regulatory consequence. 

When a source replaces an item of air pollution control equipment listed in the pennit 

with an identical piece of equipment (same model, same specifications; but because it is a 

replacement, it will have a different serial number), only logning is required. The source may be 

required to conduct performance tests to verify the efficiency of the new equipment. 

QBACTiVE\133~1.00100\63 13660.1 2 

GRIC Council Secretary Office 
(2) Paradigm 2 - 7 Day's Notice (Section 5.2.C(l)) 

When a source replaces an item of air pollution control equipment listed in the pennit 

with one that is not identical, but that is substantially similar and has the same or better 

pollutant removal epciency, the source must provide at least seven days advance written notice 

of the change. This will provide sufficient time for DEQ to confirm whether it & substantially 

similar in technology, has similar if not identical specifications, etc. and is likely to have the 

same or better control efficiency. However, the source may be required to conduct performance 

tests to verifjl efficiency of the new equipment. 

(3) Paradim 3 - 30 Days' Notice (Section 5.2.C(3U 

When a source replaces an item of air pollution control equipment listed in the permit 

with one that is not substantially similar, but that has the same or better eflciency, the source 

must provide thirtv davs advance written notice of the change. Such equipment employs the 

same technology but may be hm a different vendor and, therefore, may not be substantially 

similar in design or may have difirent specifications. Because this change has potentially 

greater environmental significance, the Community must receive a longer advanced warning of 

its installation and, therefore, a longer &od to confirm the basis for not requiring a permit 

revision. Again, the source may be required to conduct performance tests to verifjl efficiency of 

the new equipment. 

(4) Paradim 4 - Minor Permit Revision (Section 5.4.A(5)) 

Under Section 5.2.E, a source may implement the replacements listed above in Paradigms 

3 and 4 without the required notice by applying for and complying with the requirements for a 

minor permit revision. This option is reflected in the language of Section 5.4.A(5), which 

requires a source to use the minor permit revision procedures to replace an item of air pollution 

control equipment listed in the pennit with one that has the same or better eficiency. Under a 

minor permit revision, Section 5.4.D specifies that the source may make the change immediately 

once the complete application is submitted. These types of permit revisions are meant for 

situations where the source is implementing a new technology that is not similar or even 

substantially similar to that already in operation but, as in the other cases, is at least as good as 

the current technology. If the source proceeds with the installation immediately after the 

application is filed, it runs the risk that the new technology does not perform as advertised and it 

may be determined to be noncompliant from the date the equipment begins operation. Because 

of this risk, it has been our experience that sources do not typically make substantial investments 

in the new technology until the revision has received at least the informal approval of the DEQ. 

The source may be required to conduct performance tests to verifjl efficiency of the new 

equipment. 

GRlC Councll Secretary Mice 
b. Effective date and enforceability of changes under Section 5.2 

When changes are made at a non-Title V source under Section 5.0 that involves the 

installation and replacement of air pollution control equipment, the date the changes can be 

implemented depends on the regulatory requirements applicable to the change. In general, all 

changes subject to logging under Section 5.2.B may be made without preconstruction review. 

All changes, including the installation of air pollution control equipment, that require notice, 

however, are subject to preconstruction review and may be denied if the Director determines 

they do not qualify for notice only treatment 

In the Community's view, the changes permissible under Sections 5.2.B and 52.C that 

require logging or prior notice are typically too de minimis environmentally to warrant reopening 

the permit for a revision. Therefore, under Section 5.3.A those changes become effective upon 

compliance with the logging or notice requirements, and may be incorporated into the pennit 

annually on the anniversary date of the permit 

Savings clauses have been added under Sections 5.2.F and 5.4.E in order to prevent a 

source's circumvention of the permit revision process by breaking a single project into phases or 

individual components so that each phase does not trigger a permit revision requirement but the 

project would. Under these sections, the Director may require a permit revision for any change 

that, when considered with other changes submitted by the source during the term of the permit, 

constitute a change requiring a permit revision under Section 5.0. 

c Recordkeepinr res uirements to verify com~liance 

GRIC may verify a source's compliance with permit conditions in general and 

specifically those that pertain to the sources emissions, by reviewing the information provided in 

the permit procedures under Section 5. One source of that information is the annual emissions 

inventory submitted pursuant to Section 4.4.A(7). In addition, there may be specific monitoring, 

testing, reporting and recordkeeping requirements imposed pursuant to the broad authority in 

Section 4.4.A.3 that are incorporated into the source's permit to provide the information to allow 

GRIC to evaluate compliance with specific permit conditions. The nature of these requirements 

is determined on a case-by-case basis depending on the source's compliance record, the 

complexity of its operations, typical frequency of physical or operational changes, pollution 

control technology employed by the source, and other relevant factors. 

QBACTIVE\133771.00100\6313660.~ 4 

GRIC Council Secretary Otfice