MEMORANDUM OF AGREEMENT 

BETWEEN 

THE GILA RIVER INDIAN COMMUNITY'S 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AND 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION IX 

REGARDING 

DELEGATION OF NATIONAL EMISSION STANDARDS 

FOR HAZARDOUS AIR POLLUTANTS 

I. INTRODUCTION 

This Memorandum of Agreement (hereinafter "Agreement") establishes procedures to 

facilitate delegation to the Gila River Indian Community Department of Environmental Quality 

("GRIC-DEQ") of the authority to implement and enforce federal rules, emission standards, and 

requirements promulgated under Section 1 12 of the Clean Air Act, 42 U.S.C. 5 74 12 (hereinafter 

referred to as the "Section 112 federal rules"). This Agreement further sets forth the manner in 

which the United States Environmental Protection Agency, Region IX ("EPA"), and GRIC-DEQ 

will coordinate their respective responsibilities to ensure expeditious delegation of the Section 

112 federal rules to GRIC-DEQ. EPA and GRIC-DEQ will review this Agreement as the need 

arises. 

Pursuant to Section 1 12, EPA promulgates national emission standards for hazardous air 

pollutants, i.e., the Section 112 federal rules. Under Section 112(1), a tribal authority may 

develop and submit to EPA for approval a program for the implementation and enforcement of 

promulgated Section 1 12 federal rules, provided certain specified approval criteria have been 

met. On November 26, 1993, EPA promulgated regulations, codified at 40 C.F.R. Part 63, 

Subpart E (hereinafter "Subpart E"), to provide guidance useful to state, local, and tribal 

authorities in developing programs for submittal under Section 112(1). Subpart E was later 

revised on September 14, 2000. See 65 Federal Register 55809. While a tribal authority's 

submission of rules or programs under 112(1) is voluntary, a tribe seeking to implement and 

enforce some provisions of its own program in lieu of a Section 112 federal rule needs to obtain 

EPA approval under Subpart E. Once granted approval, the approved tribal rules or programs 

would be federally enforceable and would substitute for the otherwise applicable Section 112 

federal rule within that tribe's jurisdiction. Regardless of whether a tribal rule or program is 

approved or disapproved, nothing shall prohibit EPA from enforcing any applicable emission 

standard or requirement under Section 112. See Section 112(1)(7) and 40 C.F.R. 5 63.90(d)(2). 
Subpart E includes several options for requesting approval of tribal rules or 

programs. Under one of these options, a tribe may request delegation of Section 1 12 

federal rules as promulgated without changes. To obtain approval under this option, a 

tribe need only meet the criteria in 40 C.F.R. $63.91. This Agreement establishes 

procedures to facilitate this delegation process. 

11. POLICY STATEMENT 

EPA and GRIC-DEQ are responsible for ensuring that their respective obligations 

under this Agreement are met. In summary, GRIC-DEQ has the responsibility to 

incorporate the Section 1 12 federal rules into tribal codes of regulation by reference and 

to initiate the delegation process by submitting an application that conforms with Subpart 

E; while EPA has the responsibility to provide GRIC-DEQ with information regarding 

upcoming Section 1 12 federal rules and to review GRIC-DEQ's applications. EPA and 

GRIC-DEQ agree to maintain a high level of cooperation and coordination between their 

respective sMs in a partnership to assure successful and effective delegation of the 

Section 1 12 federal rules. 

111. INFORMATION SHARING 

A. GENERAL 

EPA and GRIC-DEQ agree to participate in conference calls and other exchanges 

of information in written form, as needed, to discuss legal, policy, resource, or 

technical issues related to delegation of Section 1 12 federal rules. 

B. EPA 

1. EPA will update GRIC-DEQ periodically on important developments under 

Section 1 12, including progress on the proposal and promulgation of Section 112 

federal rules and development of EPA policies. EPA agrees to provide GRICDEQ with the names, addresses, and phone and fax numbers of the EPA contacts 

for each Section 112 federal rule, as well as any information regarding delegation. 

2. EPA agrees, when reasonably foreseeable, to communicate to GRIC-DEQ that the 

implementation and enforcement of any new Section 1 12 federal rule may require 

additional legal, technical, or financial resources on the part of GRIC-DEQ. 

3. EPA will provide GRIC-DEQ with any information EPA may have collected 

regarding sources within GRIC-DEQ's jurisdiction that may be subject to a 

Section 1 12 federal rule. 

C. GRIC-DEQ 

1. GRIC-DEQ will work cooperatively with EPA to identifl all sources within 

GRIC-DEQ's jurisdiction that may be subject to a Section 1 12 federal rule. 
2. GRIC-DEQ agrees to notify EPA in advance of any proposed program changes 

that may affect GRIC-DEQ's ability to implement or enforce any Section 112 

federal rule for which GRIC-DEQ has received delegation or will request 

delegation. Program changes of concern include modification of GRIC-DEQ's 

legal authorities (e.g., statutes, regulations, or judicial or legislative actions 

affecting those authorities), modification of resource levels, modification of 

implementation schedules, etc., that were part of any approval under Section 1 12 

or Subpart E. 

3. GRIC-DEQ understands that EPA may request GRIC-DEQ to provide the 

information or the demonstrations referenced in 40 C.F.R. 5 63.96(a) (Review 

And Withdrawal Of Approval). 

IV. DELEGATION PROCEDURES 

A. GRIC-DEQ 

1. As noted above, GRIC-DEQ intends to obtain the regulatory authority necessary 

to accept delegation of the Section 1 12 federal rules by incorporating these rules 

into tribal codes of regulation by reference. For the Section 112 federal rules for 

which GRIC-DEQ will seek delegation, GRIC-DEQ agrees to incorporate the 

Section 1 12 federal rules by reference into the GRIC Air Quality Management 

Program Plan as expeditiously as possible. 

2. For each Section 112 federal rule (or group of rules) for which GRIC-DEQ will 

seek delegation, GRIC-DEQ agrees to submit a letter as soon as practicable (if 

possible, immediately after the relevant tribal regulatory action is complete or 

within six months following such action) to the Director of EPA Region IX's Air 

Division requesting delegation of the Section 1 12 federal rule. GRIC-DEQ shall 

include with this letter, proof that GRIC-DEQ has obtained the necessary 

regulatory authority to fblly implement and enforce the Section 112 federal rule 

for which it is seeking delegation. This proof shall include a certification of 

adoption and a copy of the regulatory provisions by which the Section 1 12 federal 

rule was adopted. 

B. EPA 

1. In response to a letter requesting delegation of a Section 1 12 federal rule, EPA 

agrees to expeditiously review the request and respond in writing as to whether 

the delegation is approved or disapproved. 

2. If the delegation request is approved, the effective date of the delegation of the 

Section 1 12 federal rule will be the date when the Director of EPA Region IX's 

Air Division signs the approval letter. 
3. Periodically, EPA will publish in the Federal Register an updated list of the 

Section 1 12 federal rules that have been delegated. 

V. POST-DELEGATION 

A. EPA 

1. After delegation of a Section 1 12 federal rule, EPA agrees to continue to provide 

assistance to GRIC-DEQ in the implementation or enforcement of the Section 1 12 

federal rule. 

2. Pursuant to 40 C.F.R. $4 63.9(a)(4)(ii) and 63.10 (a)(4)(ii), EPA hereby waives 

the requirements that notifications and reports be submitted to EPA for any 

Section 1 12 federal rules for which GRIC-DEQ has received delegation (i.e., 

upon delegation, affected sources need only submit required notifications and 

reports to GRIC-DEQ). EPA reserves the right to reevaluate the appropriateness 

of such a broad waiver in the event of programmatic changes or on a source 

category basis. 

B. GRIC-DEQ 

1. GRIC-DEQ understands that for any Section 1 12 federal rule for which it requests 

and receives delegation, it will be the primary implementing agency and will be 

responsible for implementing and enforcing the Section 1 12 federal rule 

independent of and in addition to the conditions of any affected source's operating 

permit under 40 C.F.R. Part 70. 

2. GRIC-DEQ agrees to retain records required by Section 1 12 federal rules, and 

make records available to EPA upon request. 

3. GRIC-DEQ understands that certain authorities are retained by EPA and are not 

delegable to GRIC-DEQ. See, for example, 40 C.F.R. $5 63.90(d) and 

63 -9 1 (g)(2). In general, authorities that are not delegable include those functions 

that require rulemaking in the Federal Register or those situations where federal 

oversight is the only way to ensure national consistency in the application of the 

standards. 

4. GRIC-DEQ agrees that delegation of 40 C.F.R. Part 63, Subpart A will include 

the "Category I" authorities listed in 40 C.F.R. 4 63.91(g)(l)(i). EPA retains the 

authority to make decisions according to the "Category 11" authorities listed in 40 

C.F.R. 4 63.91 (g)(2)(ii). 

5. GRIC-DEQ agrees to forward to EPA a copy of all decisions made pursuant to 

"Category I" authorities (as mentioned in 40 C.F.R. $ 63.91 (g)(l)), as well as any 

determinations made pursuant to 40 C.F.R $5 63.6(i) or 63-50. In addition, 

GRIC-DEQ agrees to provide EPA with a copy of any requests sent to GRIC- 
DEQ for minor or intermediate alternatives to MACT standard test methods or 

monitoring, prior to approval or disapproval by GRIC-DEQ. 

VI. DISCLAIMERS 

1. This Agreement is for the benefit of EPA and GFUC-DEQ. This Agreement does 

not create any rights, duties, or obligations, implied or otherwise, in any third 

parties. 

2. As stated above, nothing shall prohibit EPA from enforcing any applicable 

emission standard or requirement under Section 1 12. 

This Agreement shall become effective when signed by all parties. 

- --" 

Gila River Indian Community 

Date: 9/3 Y/@ 27' 

U.S. EPA Region IX I 

Date: bl /o/oq