### 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 ORDINANCEADOPTING TECHNICALAMENDMENTSTO PART II, SECTIONS 5.1, 5.4. AND 5.6 OFME AIR QUALITY MANAGEMENTPROGRAM PLAN, CODlF IED AT TITLE 17, CtiAFTER 9, Of THE G1LA RIVER INDIAN COMMUNITY LAWAND ORDER : CODE J

PROGRAWWTITY: CONTACT PERSON MUCKACLEN 

### 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. 'bchnicdhppod Documentfor the 011a Rhr Indian CommunityAk Quality Management Program

TO 

### BE SUBMt7TEDTO: Legislative @anding Cormfbe

of Standtng Committee) FOR STANDING CO~EE CONSiDERAT4ON ON:DOCUMENTTITLE: AN ORDINANCE ADOPTINGTECHNICALAMENDMENTSTO PART II, SECTIONS5.1, 5.4, AND 5.5 OF THE AIR QUALITY MANAGEMENT PROGRAM PLAN. CODIFIEDAT TITLE 17, CHAPTER 9, OF THE GILA RIVER lNDlAN COMMUNITY LAW AND ORDER CODE

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[ ] NotApprovedDOCUMENT TITLE: AN ORDINANCE ADOPTING TECHNICAL AMENDMENTS TO PART 11, SECTIONS 5.1,5.4, AND 5.5 OF THE AIR QUALITY MANAGEMENT PROGRAM PLAN, CODIFIEDAT TITLE 17, CHAPTER 9. OF ME GILA RIVER INDIAN COMMUNITY LAW AND ORDER CODE

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IGila River lndianCommunity ExecutiveOfice Review Standing Committee Submittal 1

I Exeltiyglj DATE: July 16,2008 I FOR REVlEW BY: Legislative StandingCommittee ecord No. (Name of Standing Committee) REVIEW DATE: July 30,2008 (DateofStanding Commitee Meeting) July 1 7,2008 (;I; A H!# il IN:!1>.?4 i:i!MMUNITY SUBMIT DEADLINE:
DOCUMENT TITLE: The Gila River lndianCommunity Council HerebyAdopts Technical Amendments to Part 11, Sections 5.1,5.4, and 55ofthe Air Quality Management Program Plan, Codified atTie17,Chapter 9,oftheGlla River lndian Community LawandOrderCode

PROGRAM/DEPT: Law Offlce CONTACT NAME: ChuckAllen CONTACT TITLE: Attorney CONTACT NUMBER: 562-9760 CONTACT E-MAIL: tabethadouganmricnsn.us
DOCUMENT'TYPE: Resolution
ArrACHED SUPPORTING DOCUMENTS: Technical Support Documentfor the Glla River lndianCommunityAir Quality Management Program

EXECUTlM OFFICE USE ONLY NOTWCOMMENTS:

REQUESTED STANDING COMMITEE 

# 7-/ d 

### - 

# .-

DATE
Called toPick Up Called By Date
Picked upBy- PLEASE PRINT Date

### 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 ofthe GilaRiver 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 effortsto adopt the AQMP, the DEQ published notice ofpublic 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 ofthe 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, andMer,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 Governoris hereby authorized to take 

### all steps necessary to canyout 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 amendedbv add in^ the following as paragraph C: "A significant permit revision shall 

### be subjectto 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 

### ofproduction 

### above 

### the permitted

### level mrtess

### the 

### increase otherwise QEeates a

### conditian that 

### requires a 

### significant permit revision;

to the following: 2. "Increasingopatinghours orrates ofproduction above the permitted level unless the increase otherwise creates a conditionthat would require a significantpermit 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 operatinghours 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 

### resultin a 

### net emission 

### increase ofa 

### regulated pollutant 

### greater than 

### either twenty-five (25) tow 

### per year 

### or the 

### sigdieant

### level defined 

### in Section 1.0 

### ofthis 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 eithertwenty-five (25) tons per year or the significantlevel defined in Section 1.0of this Part, whichever is less;" 

### (Note: The amendment to5.5(A)(3) 

### changesfiom the "netemission increase" standard to the "potentialto emit" standard, thus rendering the "net emission increase" definition inPart II 

## GRlC 

## Council Secretary Officeunnecessary. The technical amendment thus removesthe "netemissions increase" definition.)



## GRlC 

## Council Secretary 

## Office

### Technical 

### SupportDocument For 

### The Gila River Indian Community Air Quality ManagementProgram 

## InterpretationalIssues Raised by 

## EPA

The puxpose ofthis Technical SupportDocument ("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 speci6callyaddress 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 

### airpollution control equipment b. Effective date and enforceability of changesunder Section 

### 5.2 c. Recordkeepingrequirements 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 samerights and have the same responsibilities 

### as states under the Clean Air Act ("CAA"). GRIC received 

### authority in 

### 1998to implement applicable elementsofthe CAA for 

### air quality management 

### within the Community. Under such authorization, GRIC 

### has the discretionto create a minor source (non-TitleV) permittingprogram tailored to the needs and circumstancesofthe 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 requirementor conditionin a permit issued under the non-Title V provisions ofthe ordinance. The waiver must be in writing stating the basis for the waiver. The waiver is also subjectto 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 Cornmunityenforceableonly and 

### is designated 

### as such 

### in the permit. Thus, no requirement or condition that is derived from a provision in the EPA-approvedTribal hnplementationPlan ("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 administeringand enforcing these permits for the first time. 

### Ifthere are permit provisionsthat are fbund to be unworkable or otherwise problematic, GRIC feels it would be helpful to allow the Director to waive suchprovisions immediately, 

### ratherthan having thoseprovisions be


## GRIC 

# Counc~~ secretary urrlctlsubject to the delay of the permit revision process and thexeby create a situation 

### in which a source is 

### in continuing noncompliance with an unworkablepennit condition. As the program progresses and experience is gained by both permittees and 

### GRIC, it is anticipated that waiver of provisions will occurinfrequently 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 requiredto get a revisedpermit, seekthe Department's permissionto implementthe 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 specificact, 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 significanttypes of changes that require a permit revision. The specificrequirements 

### related to those permit revisions, including public participation requirements, are set forth

### in differentsections 

### 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 asapplied to changes affecting 

### air pollution control equipment is set forth below.
a. 

### Changes

### to air 

### pollution control eaui~ment There 

### are essentially 

### four paradigms addressingreplacementof 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 sourcereplaces 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 

### logningisrequired. The source may be required to conductperformance tests to verify

### the efficiency ofthe 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

### airpollution control equipment listed in the pennit with onethat 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 ofthe change. This will provide sufficienttime for 

### DEQ to confirm whether it 

### & substantially similar in technology, has similarif not identical specifications, etc. and is likely to have 

### the same or better control efficiency. However, the source may be required to conductperformance 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 substantiallysimilar, 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 similarin design or may have difirent specifications. Becausethis 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 requiredto conduct performancetests 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 implementthe 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 orbetter eficiency. Under a minor permit revision, Section 5.4.D specifiesthat the sourcemay make the change immediately once the complete application is submitted. These types ofpermit revisions 

### are meant for situations where the source is implementing a new technology 

### that is not similaror even substantially similarto that already 

### in operation but, 

### as in the other cases, is at least 

### as good as the current technology. Ifthe 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 fromthe date the equipment 

### begins operation. Because ofthis 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 

### sourcemay be required to conduct

### performancetests to verifjl efficiency of the new equipment.



## GRlC Councll

## Secretary Mice

### b. Effectivedate and enforceability ofchanges 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 preconstructionreview. All changes, including the installationof airpollution control equipment, that require notice, however, are subjectto preconstruction review and may 

### be denied ifthe Directordetermines 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 orprior notice 

### are typicallytoo 

### de minimis environmentallyto 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, andmay be incorporated into the pennit annually on the anniversary 

### date ofthe permit Savings clauses have been added under Sections 5.2.F 

### and 

### 5.4.E in order to prevent a source's circumventionofthe permit revision process by breaking a singleproject into phases or individual components sothat each phase does not trigger a permit revision requirementbut 

### the project would. Under these sections, the Directormay require a permit revision for any change 

### that, when considered 

### with other changes submitted by the source during the term ofthe 

### permit, constitute

### a change requiring a permit revision under Section 

### 5.0.
c 

### Recordkeepinr resuirements 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 informationprovided in the permit procedures under Section 5. One source ofthat informationis the 

### annual emissions inventory submittedpursuant to Section4.4.A(7). In addition, there may be specificmonitoring, testing, reporting 

### andrecordkeepingrequirements imposed pursuant to the broad authority 

### in Section 4.4.A.3 that 

### are incorporatedinto the source's permit to provide the informationto allow GRIC to 

### evaluatecompliance

### with specificpermit conditions. The

### nature ofthese requirements 

### is determined on a case-by-case basis depending on 

### the source's compliancerecord, the complexity of its operations, typical frequency of physical or operational changes, pollution control technology employedby the source, and other relevant factors.

QBACTIVE\133771.00100\6313660.~ 4 

## GRIC Council Secretary

## Otfice