Part 11. Permit Requirements 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1.0 Definitions 

2.0 Applicability of Permit Requirements 

2.1 Permits Required 

2.2 Schedule for Permit Application Submission 

uired Information 

t Issuance, Renewal, Reopening and 

J 

3.9 Preconstruction Review Requirements 

4.0 Non-Title V Permit Requirements 

4.1 Non-Title V Permit Categories 

4.2 Non-Title V Permit Standards 

4.3 Non-Title V Permit Application 

4.4 Non-Title V Permit Content 

4.5 Administrative Requirements for Non-Title V Permits 

4.6 Public Participation 

4.7 Non-Title V Permit Transfers 

4.8 Posting of Permit 

5.0 Permit Revisions at a Non-Title V Source 

5.1 Changes Requiring a Significant Permit Revision 

5.2 Changes that Do Not Require a Permit Revision at a Non-Title V 

Source 

5.3 Annual Summary Permit Amendments for Non-Title V Sources 

5.4 Requirements for a Minor Permit Revision for Changes at a NonTitle V Source 

5.5 Significant Permit Revision Requirements for Non-Title V 

Sources 

5.6 Portable Sources 

5.7 Permit Reopenings: Revocation and Reissuance; Termination 

5.8 Affirmative Defense for Excess Emissions Due to Malfunctions, 

Startup, and Shutdown 

5.9 Reporting Requirements 

6.0 Continuous Source Emissions Monitoring 

6.1 Applicability 

6.2 Standards 

6.3 Minimum Monitoring Requirements 

6.4 Minimum Specifications for Monitoring Equipment 

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6.5 Minimum Data Requirement 

6.6 Data Reduction 

ous Air Pollutants 

9.0 Stack Height Limitation 

10.0 Confidentiality of Information 

10.1 Confidentiality of Records 

11.0 Permit Fees 

11.1 Applicability 

11.2 Definitions 

11.3 Permit Fee Standards 

11.4 Calculation and Payment of Emission Fees 

11.5 Permit Fee Accounts 

11.6 Accelerated Application Processing Fee 

11.7 Earthmoving Permit Fee 

11.8 Annual Fee Adjustment 

1 1.9 Late Fees 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1.0 DEFINITIONS 

Gila River Indian Community Air Quality 

Management Program 

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"Act" or "CAA" means the Federal Clean Air Act, 42 U.S.C. Sections 7401 et seq. as 

amended. 

"Actual emissions" means the actual rate of emissions of a pollutant from an emissions 

unit as determined in accordance with the following: 

A. In general, actual emissions as of a particular date shall equal the average 

rate, in tons per year, at which the unit actually emitted the pollutant 

during a two-year period which precedes the particular date and which is 

representative of normal source operation. The Director may allow the 

use of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and 

types of materials processed, stored, or combusted during the selected time 

period. 

B. If there is inadequate information to determine actual historical emissions, 

the Director may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions of the unit. 
D. For any emissions unit at a non-Title V source that has not begun normal 

operations on the particular date, actual emissions shall be based on 

applicable control equipment requirements and projected conditions of 

operation. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Administrator" means the Administrator of the United States Environmental 

Protection Agency ("EPA"). 

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Management Program 

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A. Whose arr ay be affected and that guous to the Gila River 

it modification or permit 

B. That are within fifty 

"Affected Tribes" are recognized Indian T 

quality may be affected and that are contig 

Community in which a Part 70 permit, permit mo 

renewal is being proposed; or 

"Air contaminant" means dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, 

8/20/08 
carbon, acid, or particulate matter, or any combination thereof. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Air pollutant" means any air pollution agent or combination of such agents, including 

any physical, chemical, biological, radioactive substance or matter which is emitted into or 

otherwise enters the ambient air. Such term includes any precursors to the formation of any air 

pollutant, to the extent the Administrator has identified such precursor or precursors for the 

particular purpose for which the term "air pollutant" is used. 

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Management Program ' 

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"Allowable emissions" means the emission rate of a source calculated using the 

maximum rated capacity of the source (unless the source is subject to enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

A. The applicable New Source Performance Standards or National Emission 

Standards for Hazardous Air Pollutants; 

B. The applicable existing source performance standard; 

C. The emissions rate specified in any federally promulgated rule or federally 

enforceable permit conditions applicable to the Gila River Indian 

Community lands; and 

D. An emission limit in a permit issued pursuant to this Part 11. 

"Applicable requirements" means any other requirement established pursuant to this 

Ordinance or all of the following as they apply to an emissions unit at a&&&ource (including 

requirements that have been promulgated or approved by EPA through rulemaking at the time of 

issuance but have future-effective compliance dates): 

A. Any standard or other requirement provided for in the applicable 

implementation plan approved or promulgated by EPA through 

rulemaking under Title I of the Act that implements the relevant 

requirements of the Act, including any revisions to that plan promulgated 

in 40 C.F.R. Part 52; 

B. Any term or condition of any preconstruction permits issued pursuant to 

regulations approved or promulgated through rulemaking under Title I, 

including Parts C or D, of the Act; 

C. Any standard or other requirement under Section 1 I I of the Act, including 

Section 1 1 1 (d); 

D. Any standard or other requirement under Section 112 of the Act, including 

any requirement concerning accident prevention under Section 1 12 (r)(7) 

of the Act; 
F. Any requirements established pursuant to Section 504(b) or Section 

1 14(a)(3) of the Act; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

G. Any standard or other requirement governing solid waste incineration, 

under Section 129 of the Act; 

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Management Program 

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H. Any standard or other requirement for consumer and commercial products, 

under Section 183(e) of the Act; 

I. Any standard or other requirement for tank vessels under Section 183(f) of 

the Act; 

K. Any standard or other requirement of the regulations promulgated to 

protect stratospheric ozone under Title VI of the Act, unless the 

Administrator has determined that such requirements need not be 

contained in a Title V permit; and 

"Begin actual construction" means in general, initiation of physical on-site construction 

activities on an emission unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in the 

method of operation this term refers to those on-site activities other than preparatory activities 

that mark the initiation of the change. 

"Best Available Control Technology" or "BACT" has the meaning ascribed to that 

term in 40 C.F.R. 52.2 1. 

"Best Reasonable and Demonstrated Technology" or "BRDT" means an emission 

limitation or design equipment, work practice or operational standard including a visible 

emissions standard, based on the maximum degree of reduction of each criteria pollutant or 

hazardous air pollutant determined on a case-by-case basis or for sources of the same class or 

category, by a rule adopted by the Director which the Director determines has been achieved on 

a consistent basis by non-Title V sources with similar operating characteristics taking into 

@ account energy, environmental, and economic impact and other costs as well as the feasibility of 

achieving the emission limitation for a particular source and the existing air quality in the area to 

be impacted by the source. For regulated emissions of an ultrahazardous air pollutant, the 

8/20/08 
emission limitation shall be based on any Maximum Achievable Emission Rate promulgated by 

EPA for that source or any similar category of sources. In no event will BRDT be less stringent 

than the most stringent source-category specific emission limitation in Part VII, New Source 

Performance Standard in Section 7.0 of this Part applicable to the source, or the Maximum 

Achievable Emission Rate in Section 8.0 of this Part. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Building, structure, facility, or installation" means all of the pollutant-emitting 

activities which belong to the same industrial grouping, are located on one or more contiguous or 

adjacent properties, and are under the control of the same person (or persons under common 

control) except the activities of any vessel. Pollutant-emitting activities shall be considered as 

part of the same industrial grouping if they belong to the same Major Group (i.e. which have the 

same two-digit code) as described in the Standard Industrial ClassiJication Manual, 1972, as 

amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4 10 1-0066 

and 003-005-001 76-0, respectively). 

Gila River Indian Community Air Quality 

Management Program 

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"Categorical source" means the following classes of sources: 

A. Coal cleaning plants with thermal dryers; 

B. Krafl pulp mills; 

C. Portland cement plants; 

D. Primary zinc smelters; 

E. Iron and steel mills; 

F. Primary aluminum ore reduction plants; 

G. Primary copper smelters; 

H. Municipal incinerators capable of charging more than fifty (50) tons of 

refuse per day; 

I. Hydrofluoric, sulfuric, or nitric acid plants; 

J. Petroleum refineries; 

K. Lime plants; 

L. Phosphate rock processing plants; 

M. Coke oven batteries; 

N. Sulfur recovery plants; 

0. Carbon black plants using the furnace process; 
P. Primary lead smelters; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Q. Fuel conversion plants; 

Gila River Indian Community Air Quality 

Management Program 

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R. Sintering plants; 

S. Secondary metal production plants; 

T. Chemical process plants; 

U. Fossil-fuel boilers (or combinations thereof) totaling more than 250 

million BTU per hour heat input; 

V. Petroleum storage and transfer units with a total storage capacity more 

than 300,000 barrels; 

W. Taconite preprocessing plants; 

X. Glass fiber processing plants; 

Y. Charcoal production plants; 

Z. Fossil-fuel-fired steam electric plants and combined cycle gas turbines of 

more than 250 million BTU per hour heat input; 

AA. Any other stationary source category regulated under Section 11 1 or 

Section 1 12 of the Act or for which the Administrator has made an 

afirmative determination by rule pursuant to Section 3010) of the Act. 

"Commence" as applied to construction of a major stationary source or major 

modification means that the owner or operator has all necessary preconstruction approvals or 

permits and either has: 

A. Begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time; or 

B. Entered into binding agreements or contractual obligations, which cannot 

be canceled or modified without substantial loss to the owner or operator, 

to undertake a program of actual construction of the source to be 

completed within a reasonable time. 

"Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or modification of an eiissions unit) 

a which would result in a change in actual emissions. 

"Criteria pollutant" means nitrogen oxides, volatile organic compounds, particulate 
matter, PMIO, sulfbr dioxide, carbon monoxide, or lead. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Department" means the Gila River Indian Community Department of Environmental 

Quality ("DEQ). 

Gila River Indian Community Air Quality 

Management Program 

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"Designated representative or Responsible Official" means a responsible person or 

official authorized by the owner or operator of a unit to represent the owner or operator in 

matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit , and 

the submission of and compliance with permits, permit applications, and compliance plans for 

the unit. 

"Director" means the Director of the Gila River Indian Community Department of 

Environmental Quality. 

constructed for the 

"Emission" means a release into the atmosphere of any regulated pollutant or air 

contaminant. 

"Emission standard" or "Emission limitation" means a requirement established by the 

Director or the Administrator which limits the quantity, rate, or concentration of emission of air 

pollutants on a continuous basis, including any requirements which limit the level of opacity, 

prescribe equipment, set he1 specifications, or prescribe operation or maintenance procedures 

for a source to assure continuous emission reduction. 

"Emissions unit" means any part of a stationary source which emits or would have the 

potential to emit any pollutant subject to regulations under the Act. 

"Existing source" means any source which commenced operation prior to [date rule 

promulgated]. 
"Federally enforceable" means all limitations and conditions which are enforceatile by 

the Administrator, including those requirements developed pursuant to 40 C.F.R. Parts 60 and 

61, requirements within any applicable Tribal Implementation Plan, any permit requirements 

established pursuant to 40 C.F.R. 3 52.21 or under regulations approved pursuant to 40 C.F.R. 

Part 5 1, subpart I, including operating permits issued under an EPA-approved program that is 

incorporated into the Tribal Implementation Plan and expressly requires adherence to any permit 

issued under such program. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Fugitive emissions" means those emissions which could not reasonably pass through a * stack, chimney, vent, or other functionally equivalent opening. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

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"Hazardous air pollutant" or "HAP" means an air pollutant listed as hazardous 

pursuant to Section 112 of the Act. 

. Landscaping, building maintenance, or janitorial activities. 

el oil storage tanks with ca ,000 gallons or less. 

D. Batch mixer 

ose production rate is two hundred 

8/20/08 
f the engine is prescribed by th 

mit more than 0.3 t 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Major modification" means any modification of a mejwstationary source that i4- 

for a non-Title V source, meets the requirements of subsection 4.2(A)(3)(c) of this Part. 

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Management Program 

Part 11. Permit Requirements 

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in the aggregate, including hgitive emissions, ten (1 0) 

sser quantity as the 

on or production well 

t be aggregated with emissions from 

under common whether such units or stations are 
6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

(50) tons of refise per day; 

9. Hydrofluoric, sulfuric, or nitric acid 

10. Petroleum refineries; 

. Phosphate rock processing pla 

Coke oven batteries; 

million British thermal units per h 

which EPA has made an affirmative d 

under Section 302Cj) of the Act. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

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Management Program 

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ear or more of any pollutant 

tionary source that emits or has the poten 

ns of lead per year. 

E. A major source that is major for oxides of nitrogen shall be consider 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Malfunction" means any sudden and unavoidable failure of air pollution control 

equipment, process equipment or a process to operate in a normal and usual manner, but does not 

include failures that are caused by poor maintenance, careless operation or any other upset 

condition or equipment breakdown which could have been prevented by the exercise of 

reasonable care. 

Gila River Indian Community Air Quality 

Management Program 

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"Maximum Achievable Control Technology" or "MACT" means any measure, 

process, method, system or technique applied to a stationary source under Sections 112(d), (f) or 

a (h) of the Act which provides the maximum degree of reduction in the emission of hazardous air 

pollutants as follows: 
A. For new stationary sources, the maximum degree of reduction in 

emissions must be no less stringent than the control of emissions that is 

achieved in practice by the best controlled similar stationary source, as 

determined by the Administrator. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

B. For existing stationary sources, the maximum degree of reduction in 

emissions must be no less stringent than the requirements set forth in 42 

U.S.C. $ 7412(d)(3). 

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Management Program 

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"Modification" means any physical change in an existing source or change in the 

method of operation which results or may result in either an increase in potential to emit of any 

air pollutant subject to regulation under the Act, or the emission of any such air pollutant not 

@ previously emitted. For purpose of this definition, the following shall not be regarded as a 

physical change or a change in the method of operation: 

A. Routine maintenance, repair or replacement with identical or equivalent 

equipment. 

B. Increased production rate or increased hours of operation where there is 

not increased fixed capital cost, unless such production and hours are 

limited by permit conditions. 

"Necessary preconstruction approval or permits" means those permits or approvals 

required under Federal air quality control laws and regulations and those air quality control laws 

and regulations which are part of the applicable Tribal Implementation Plan. 

"New source" means any stationary source which commences construction after [date 

rule promulgated]. 

"Operation" or "method of operation" means any physical action resulting in a change 

in the location, form, or physical properties of a material, or any chemical action resulting in a 

change in the chemical composition or properties of a material. 

"Owner or operator" means any person who owns, leases, operates, controls, or 

supervises a facility, building, structure, or installation which directly or indirectly results or may 

result in emissions of any air pollutant which is subject to regulation under this Ordinance. 
"Permit authority" means either of the following: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

A. The Administrator, in the case of EPA-implemented programs; or 

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Management Program 

Part 11. Permit Requirements 

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B. The tribal air pollution control agency authorized by the Administrator to 

carry out a permit program .. . 

e "Person" means any individual, public or private corporation, institution, company, 

partnership, firm, association or society of persons, trust estate, group, agency, political 

subdivision or any legal successor, representative, agent or agency of the foregoing. 

"Portable source" means any building, structure, facility or installation which emits or 

may emit any air pollutant and is capable of being operated at more than one location. 

"Potential to emit" or "Potential Emissions" means the maximum capacity of a 

stationary source to emit a regulated pollutant under its physical or operational design. Any 

physical or operational limitation on the capacity of the source to emit a pollutant, including air 

pollution control equipment and restriction on hours of operation or on the type or amount of 

material combusted, stored, or processed, shall be treated as part of its design only if the 

limitation or the effect it would have on emissions is enforceable as a practical matter under any 

Community or federal regulation or ordinance. Secondary emissions do not count in determining 

the potential to emit of a stationary source. 

"Renewal" means the process by which a permit is reissued at the end of its term. 

"Regulated air pollutant" means any of the following: 
A. Any criteria air pollutant. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

B. Any air contaminant that is subject to a new source performance standard. 

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Management Program 

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C. Any hazardous or ultrahazardous air pollutant. 

D. Any Class I or 11 substance listed in Section 602 of the Act. 

A. Consider all historical operational data, the 

River Indian Community, 

state or federal regulatoMhorities, and compliance plans under Title IV 

of the Act; and/ \ 

culating any increase in 

ical change or change i 

team generating unit, t 

ange that could have 

seline period and is 

projected capacity utilization at the u 

including any increased utilization d 

- . . 55. 

"Responsible official" means one of the following: 

A. For a corporation: a president, secretary, treasurer, or vice-president of the 

corporation in charge of a principal business function, or any other person 

who performs similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject 

to a permit and either the facilities employ more than 250 persons or have 

gross annual sales or expenditures exceeding $25 million; 

B. For a partnership or sole proprietorship: a general partner or the proprietor, 

respectively; 

C. For a Community or Federal agency: Either a principal executive officer 

or ranking elected official. For the purposes of this Part, a principal 
executive officer of a Federal agency includes the chief executive officer 

having responsibility for the overall operations of a principal geographic 

unit of the agency (e.g., a Regional Administrator of EPA); or 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

D. For affected sources: 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

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1. The designated representative in so far as actions, standards, 

requirements, or prohibitions under Title IV of the Act or the 

regulations promulgated thereunder are concerned; and 

2. The designated representative for any other purposes under Part 

70. 

"Secondary emissions" means emissions which occur as a result of the construction or 

operation of -tationary source orfflljermodification, but do not come from thema&+ 

stationary source or-modification itself. For the purposes of this section, secondary 

emissions must be specific, well defined, quantifiable, and impact the same general areas as the 

stationary source modification which causes the secondary emissions. Secondary emissions 

a include emissions from any offsite support facility which would not be constructed or increase its 

emissions except as a result of the construction or operation of the-ationary source or 

~odification. Secondary emissions do not include any emissions which come directly 

from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or 

from a vessel. 

of a source to emit 

. POLLUTANT EMISSION RATE 

Carbon monoxide 

-- 

a 

8/20/08 
gulated air pollutant that is not listed in paragraph 

, is not a Class I or I1 substance listed in Section 60 

is not a hazardous air pollutant, any emission rate. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Source" means any building, structure, facility, or installation that may cause or 

contribute to air pollution. 

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Management Program 

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"Stationary source" means any building, structure, facility, or installation that operates 

at a fixed location and that emits or may emit any air pollutant subject to regulation under the 

Act. * "Synthetic minor" means a source which voluntarily proposes in its application and 

accepts in its permit, emissions limitations, controls, or other requirements which are permanent, 

quantifiable, and enforceable, which, if the source complies with the requirements of paragraph 

8/20/08 
4.2(B) of this section, will enable such source to avoid classification as a source that requires a 

Title V permit. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

"Title V" means the permit requirements imposed in Title V of the Act, 42 U.S.C. $8 

766 1 et seq. 

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"Trade secret" means information to which all of the following apply: 

A. A person has taken reasonable measures to protect from disclosure and the 

person intends to continue to take such measures. 

B. The information is not, and has not been, reasonably obtainable without 

the person's consent by other persons, other than governmental bodies, by 

use of legitimate means, other than discovery based on a showing of 

special need in a judicial or quasi-judicial proceeding. 

C. No ordinance or statute specifically requires disclosure of the information 

to the public. 

D. The person has satisfactorily shown that disclosure of the information is 

likely to cause substantial harm to the person's competitive position. 

"Tribal Entity" means a tribally owned and operated corporation, business or enterprise 

that provides funding to the Community Council resulting from profits from operating the entity 

where at least fifty (50) percent of the profits are shared with the Council for the benefit of 

Community members. 

"Ultrahazardous air pollutant" means a hazardous air pollutant listed pursuant to 

Section 112(r)(3) of the Act. 

"Volatile Organic Compounds" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical reactions. 

A. This includes any such organic compound other than the following, which 

have been determined to have negligible photochemical reactivity: 

methane; ethane; methylene chloride (dichloromethane); 1,1,1- 

trichloroethane (methyl chloroform); 1,1,2-trichloro- l,2,2-trifluoroethane 

(CFC- 1 13); trichlorofluoromethane (CFC- I I); dichlorodifluoromethane 

(CFC-12); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC- 1 14); 

chloropentafluoroethane (CFC-115); 1 ,l , 1 -trifluoro 2,2-dichloroethane 

(HCFC- 123); 1,1,1,2-tetrafluoroethane (HFC- 134a); 1,l -dichloro 1 - 

fluoroethane (HCFC- 14 1 b); 1 -chloro 1,l -difluoroethane (HCFC- 142b); 2- 

chloro- 1 , 1 , l,2-tetrafluoroethane (HCFC- 124); pentafluoroethane (HFC125); 1,1,2,2-tetrafluoroethane (HFC- 134); 1,1,1 -trifluoroethane (HFC- 
143a); 1,l -difluoroethane (HFC-152a); parachlorobenzotrifluoride 

(PCBTF); cyclic, branched, or linear completely methylated siloxanes; 

acetone; perchloroethylene (tetrachloroethylene); 3,3-dichloro- 1,1,1,2,2- 

pentafluoropropane (HCFC-225ca); 1,3-dichloro-l,l,2,2,3- 

pentafluoropropane (HCFC-225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane 

(HFC 43- 1 Omee); difluoromethane (HFC-32); ethylfluoride (HFC- 16 1); 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-pentafluoropropane 

(HFC 245ca); 1,1,2,3,3-pentafluoropropane (HFC 245ea); 1,1,1,2,3- 

pentafluoropropane (HFC 245eb); 1,1,1,3,3-pentafluoropropane (HFC 

245fa) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 1,1,1,3,3- 

pentafluorobutane (HFC-365mfc); chlorofluoromethane (HCFC-3 1); 1 

chloro- 1 -fluoroethane (HCFC- I 5 la); 1,2- dichloro-1 ,l,2-trifluoroethane 

(HCFC- 123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4- methoxy-butane 

(C4F90CH3 or HFE-7 100); 2-(difluoromethoxymethyl)- ],I, 1,2,3,3,3- 

heptafluoropropane ((CF3)2CFCF20CH3); 1 -ethoxy- 1 , 1,2,2,3,3,4,4,4- 

nonafluorobutane (C4F90C2HS or HFE-7200); 2-(ethoxydifluoromethyl)- 

1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF20C2 Hs); methyl acetate, 

1,1,1,2,2,3,3,-heptafluoro-3-methoxy-propane (n-C3F7 OCH3, HFE-7000), 

3-ethoxy-l,l , 1,2,3,4,4,5,5,6,6,6-dodecafluoro-2 (trifluoromethyl) hexane 

(HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), and methyl 

formate (HCOOCH3), and perfluorocarbon compounds which fall into 

these classes: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. Cyclic, branched, or linear, completely fluorinated alkanes; 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 19 of 92 

2. Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

3. Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations; and 

4. Sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine. 

B. For purposes of determining compliance with emissions limits, VOC will 

be measured by the test methods in 40 CFR Part 60, Appendix A, as 

applicable. Where such a method also measures compounds with 

negligible photochemical reactivity, these negligibility-reactive 

compounds may be excluded as VOC if the amount of such compounds is 

accurately quantified, and such exclusion is approved by the enforcement 

authority. 

C. As a precondition to excluding these compounds as VOC or at any time 

thereafter, the enforcement authority may require an owner or operator to 

provide monitoring or testing methods and results demonstrating, to the 
satisfaction of the enforcement authority, the amount of negligiblyreactive compounds in the source's emissions. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

D. The following compound(s) are VOC for purposes of all recordkeeping, 

emissions reporting photochemical dispersion modeling and inventory 

requirements which apply to VOC and shall be uniquely identified in 

emission reports, but are not VOC for purposes of VOC emission 

limitations or VOC content requirements: t-butyl acetate. 

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2.0 APPLICABILITY OF PERMIT REQUIREMENTS 

2.1 Permits Required. Except as otherwise provided in these parts, no person 

shall begin actual construction of, continue to operate, or make a modification 

to any source subject to regulation under these parts without complying with 

the permit issuance and permit revision procedures of this Part. + 

A. Title V Permit. A T of an existing permitted 

source as defined in 

t to Section 129(e) of 

tion 1.0 of this Part, or any source 

B. Non-Title V Permit. Unless a Title V permit is required or a person 

proposes to commence construction of a motr\r major 

source, a non-Title V permit shall be required for a person to commence 

construction of, to operate, or to modify any of the following: 

1. Any source other than a major source, including an area source, 

subject to a standard, limitation, or other requirement under 

Section 1 1 1 of the Act; 

2. Any source other than a major source of HAPS, including an area 

source, subject to a standard or other requirement pursuant to 

Section 112 of the Act; or 

3. Any source that emits or has the potential to emit, without control, 

regulated air pollutants unless that source is otherwise exempt 

under the provisions of subsection 2.1 (C) of this Part. 
De Minimis Exemption: De minimis facilities are exempt from the 

permitting requirements of "--'.--- this Part. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. For purposes of C-..'...l.. this Part, a de minimis 

facility means a facility that meets all of the following: 

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Management Program 

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8120108 21 of92 

a. Has actual emissions of one ton per year or less of any 

single regulated air pollutant except a hazardous air 

pollutant; 

b. Has actual emissions of one thousand (1000) pounds per 

year or less of any single hazardous air pollutant or one ton 

of any combination of hazardous air pollutants; 

c. Has actual emissions of three hundred (300) pounds per 

year or less of any single ultrahazardous air pollutant or any 

combination of ultrahazardous air pollutants; 

e. Is not a "major stationary source" as defined by Section 

502 of the Act; and 

f. Is not operated in conjunction with another facility or 

source that is subject to air quality permitting. 

2. The following sources shall be deemed de minimis facilities: 

a. A source that would be required to obtain a permit solely 

because it is subject to 40 C.F.R. tj 61.145; 

b. Agricultural equipment used in normal farm operations 

except equipment classified as a source subject to Section 

502 of the Act or 40 C.F.R. Parts 60 or 61; 

c. Air-conditioning equipment and general combustion 

equipment, except the following sources to the extent 

which the described limits are not exceeded: 

(1) Any source with an aggregated input capacity of 

less than 2 million BTU per hour calculated by 

adding only those pieces of equipment over 300,000 

BTU per hour with respect to fuel burning 

equipment fired with natural gas or liquefied 

petroleum gas; 
(2) Any oil fueled heat equipment with a maximum 

rated input capacity or an aggregated input capacity 

of less than 500,000 BTU (527,200 kilojoules) per 

hour. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Motor vehicles. As used in this paragraph, a motor vehicle 

is any self-propelled vehicle designed for transporting 

persons or property on public highways; 

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Residential and commercial housekeeping vacuum 

systems; 

Agricultural land use; 

Liquid Storage Tanks: 

(1) Stationary storage tanks with a capacity of 250 

gallons (946 liters) or less used for storing organic 

liquids; 

(2) Stationary storage tanks used for storing organic 

liquids with a true vapor pressure of 1.5 psia (77.5 

mm Hg) or less; 

(3) Pressure tanks and pressurized vessels used 

exclusively for the storage of liquefied gases. 

Equipment or contrivances used exclusively for the 

processing of food for human consumption; 

Disturbing topsoil of less than twenty-five (25) acres, 

except as otherwise provided for in Part V, Area Source 

Emission Limits; 

Portable internal combustion engines that, individually, 

have a rating: 

(1) Less than 500 horsepower output; or 

(2) Equal to or greater than 500 horsepower output, but 

operating less than two hundred (200) hours per 

calendar year. 

Stationary internal combustion engines that, individually, 

have a rating: 
(1) Less than 250 horsepower output; or 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

(2) Equal to or greater than 250 horsepower output, but 

operating less than two hundred (200) hours per 

calendar year. 

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8120108 23 of 92 

Miscellaneous: 

(1) Diesel contaminated soil remediation projects, 

where no heat is applied; 

(2) Self-contained, enclosed blast and shot peen 

equipment where the total internal volume of the 

blast section is fifty (50) cubic feet or less and 

where any venting is done via pollution control 

equipment; 

(3) Those laboratory acids which have both a pH above 

1.5 and an aggregate daily emission to ambient air 

of vaporlmist from all such acids not exceeding 

three pounds on any single day; 

(4) Brazing or welding equipment; 

(5) Hand soldering equipment; 

(6) A source whose aggregate of all wood working 

equipment totals fifty (50) horsepower or less; 

(7) Equipment used for buffing, carving, cutting, 

drilling, surface grinding, machining, planing, 

routing, sanding, sawing, shredding, or turning of 

ceramic artwork, precision parts, leather, metals, 

plastics, rubber, fiberboard, masonry, carbon, 

graphite or glass; 

(8) Normal landscaping, building maintenance or 

janitorial activities; 

(9) A source whose aggregate of all miscellaneous 

equipment, processes or production lines not 

otherwise identified in this section has total 

uncontrolled emissions of less than three pounds 

(1.4 kg) VOC or PM- 10 during any day and less 

than 5.5 pounds (2.5 kg) of any other regulated air 

pollutant during any day. 
3. De minimis facilities that are exempt from the permitting 

requirements of -thisPart remain 

subject to the performance standards and other operating 

requirements in this Part. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

2.2 Schedule for Permit Application Submission. 

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B. Existing sources requiring a non-Title V permit shall submit an application 

for a permit within one hundred twenty (120) days of receipt of written 

notice from the Director that a permit is required. 

D. A new non-Title V source subject to the BRDT requirements shall submit 

an application for a permit at least one hundred eighty (1 80) days prior to 

the date the source owner or operator proposes to commence construction 

of the source. A new non-Title V source not subject to the BRDT 

requirements shall submit an application for a permit at least one hundred 

twenty (I 20) days prior to the date the source owner or operator proposes 

to commence construction of the source. 

A. Timely app 

ordance with the 

a 
c. 

\ Director that ensures that the term of the permit will not expire 

prior to a permit decision. In no event shall this time be great 

than eighteen (1 8) months. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Complete Application. A complete application is one that 

the following: 

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provide notice to the 

s complete. Unless the 

a1 information or otherwise 

ss within sixty (60) days of 

on shall be deemed completc 

at has been determined or 

authority determines that 

valuate or take final action 

quest such information in writing and 

. For modifications 

modification procedures set forth 

pleteness determination is 

specified by the permitting authority. 

. Confidential Information. In 

information to the Director under a claim of 

Section 10.0 of this Part, the permitting 

source to submit a copy of such 
GRIC Code - Title 17, Chapter 9 Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

Revised 2008 Air Quality Ordinance 8/20/08 26 of 92 

k.3 

Standard Annlicntion Form and Rewired Information. / 

The DEQ shall provide a standard permit 

described below 

included in the application. An 

needed to determine the \ quirement, or to 

insignificant. The 

insignificant 

C. The standard applic ion for shall include the elements specified below: b\7' 

company name and address (or 

from the company name), 

number and names of plar 

and products (by Standard 

any associated with an 

The following emission-related 

/ a. All emissions of pollutants for 

and all emissions of regulated 

any emissions unit, except 

b. Identification and description of all 

described in paragraph (C)(3)(a) of 

sufficient detail to establish the 

applicability of requirements of the Act. 

c. Emissions rate in tons per year and in such terms as 

necessary to establish compliance consistent with the 0 A 
e. The following information to the extent it is needed 

pollutants at the Part 70 source. 

g. Other information required b licable requirement 

(including information relate 

rmation in paragraphs 

iption of all applicable requirements. 

r reference to any applicable test method 

compliance with each applicable 

may be necessary to implement an 

Additional information as determined 

define alternative operating scenarios I 

pursuant to 40 C.F.R. 5 70.6(a)(9) or to de 

conditions implementing 40 C.F.R. 5 70.4 

respect to all applicable requirements; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

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Management Program 

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which the source is in compliance; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

(2) Identification of all applicable 

will become effective during 

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Management Program 

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\ (3) Identification of all 

source is not in 

issuance. 

c. A complete schedule as follows: 

\ (1) For applicable with which the source 

that the source will 

irements that will become 

permit term, a statement that 

requirements on a.timely 

e source will meet in a 

able requirements that become 

ermit term shall satisfy this 

re detailed schedule is 

he applicable requirement; 

*. d. A schedule for submission of certified progress reports n\ PC -" 
e. The compliance plan content requirements specified ' 

paragraph shall apply and be included in the acid r n 

portion of a compliance plan for an affected sou e, except 

as specifically superseded by regulations pro lgated 

under Title IV of the Act with regard to the chedule and 

method(s) the source will use to achieve mpliance with 

the acid rain emissions limitations. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Requirements for the compliance 

following: 

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Management Program 

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all applicable 

consistent with 

114(a)(3) of the Act 

used for determining compliance, 

monitoring, recordkeeping, and 

no less frequently 

if specified by the 

or by the permitting 

A statement indicating compliance status with 

any applicable and compliance 

The use of nationally-standardized form for acid rain portions of 

permit applications and compliance plans, s required by 

regulations promulgated under Title IV k of th Act. 

Certification of Truth, Accuracy and Com~leteness. 

report, or compliance certification submitted pursuant to 

certification by a responsible official of truth, accuracy, 

This certification and any other certification required 

state that, based on information and belief formed 

statements and information in the document are 

a 3.5 Permit Content. The permit content shall be that specified in 40 C.F.R. 5 ?A r 

. . \ 
include "tribes" 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

3.9 Preconstruction Review Requirements. Any new Title V source that is a 

major source or any major modification to a major source that is also a Title V 

source shall comply with the preconstruction review requirements ofSe&em 

the Act by obtaining the appropriate permit and 

authorizations prior to commencing construction of the new major source or . . major modification from the Administrator fi .. . §+%Whr 52.2 t. An affected facility at a Title V major source that is 

constructed, reconstructed or modified shall comply with requirements in 

subsection 7.1 (B). A new major source of hazardous air pollutants or a 

reconstructed or modified source of hazardous air pollutants subject to Section 

8.1 and Section 8.2 shall comply with the preconstruction requirements in 

those sections. 

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4.0 NON-TITLE V PERMIT REQUIREMENTS. 

4.1 Non-Title V Permit Cate~ories. The owner or operator of each source of air 

contaminants to which this Part applies shall be subject to one of the 

following provisions in order to meet the permitting requirements for nonTitle V sources. 

A. Individual Permit. p, non-Title V 

facilities requiring permits under this Section shall obtain individual 

permits. 

B. Synthetic Minor Individual Permit. The owner or operator of a source that 

is subject to the Title V permitting requirements A&eakdU based 

solely on its potential to emit may apply for an individual non-Title V 

permit that would limit the source's potential to emit to a level below the 

Title V permit applicability threshold. 
4.2 Non-Title V Permit Standards. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

A. Sources that obtain an individual permit shall be subject to the following 

standards: 

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1. Any new non-Title V source not identified in paragraph A.2 of this 

Section 4.2 shall comply with source category specific emission 

limits and the other requirements applicable to an existing nonTitle V source in paragraph (3) of this section. 

2. Any new non-Title V source that has the potential to emit equal to 

or greater than any of the following amounts shall be subject to a 

case-by-case BRDT determination for the pollutant that exceeds 

the threshold amount prior to commencing the construction of a 

source requiring a non-Title V permit: 

a. Seventy-five (75) tons per year but less than one hundred 

(100) tons per year for any single criteria pollutant; 

b. Three (3) tons per year of any single HAP; 

c. Five (5) tons per year of any combination of HAPS; or 

d. Three hundred (300) pounds per year of any single or any 

combination of ultrahazardous air pollutants. 

3. For existing non-Title V sources: 

a. Emission limitations and standards including those 

operational requirements and limitations that assure 

compliance with all applicable requirements in effect at the 

time of permit issuance. 

b. Monitoring and related recordkeeping and reporting 

requirements. 

c. A modification that results in a change in emissions that is 

described in subsection 5.1 (A)(6), (7) or (8) of this Part 

shall constitute a major modification subject to the 

requirements of subsection 4.2(B). 

d. The other permit requirements prescribed by subsection 

4.4. 
B. A Major Modification to an Existing Non-Title V Source. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. Prior to beginning actual construction of a major modification to 

an existing non-Title V source, the owner or operator of the source 

shall demonstrate the following to the Director: 

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Management Program 

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a. The source will comply with the BRDT requirements for 

the pollutant that caused the modification to constitute a 

major modification. 

b. The source will otherwise comply with the significant 

permit revision requirements of subsection 5.5. 

C. Voluntary Emission Limitations for Synthetic Minor Permits. 

1. The owner or operator of a source may voluntarily propose in its 

permit application to accept emissions limitations, controls, or 

other requirements that are enforceable as a practical matter in 

order to avoid classification as a source that requires a Title V 

permit, or to avoid one or more other applicable requirements. 

Such emissions limitations, controls, or other requirements shall be 

at least as stringent as the emissions limitations, controls, or other 

requirements that would otherwise be applicable to that source. 

2. For the purpose of this ordinance, "enforceable as a practical 

matter" means that specific means to assess compliance with an 

emissions limitation, control, or other requirement are provided for 

in the permit in a manner that allows compliance with the limit, 

standard or trade provision to be readily determined by an 

inspection of the source records or reports. In addition, for the 

purposes of this Part, "enforceable as a practical matter" shall 

include the following criteria: 

a. The emissions limitations are quantifiable; 

b. The permit includes a legally enforceable obligation to 

comply; 

c. The permit imposes an objective and quantifiable 

operational or production limit or requires the use of inplace air pollution control equipment; 

d. The permit limits have short-term averaging times 

consistent with the averaging times of the applicable 

requirement; 
e. The permit conditions are enforceable and are independent 

of any other applicable limitations; and 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

f. The permit conditions contain monitoring, recordkeeping, 

and reporting requirements sufficient to document 

compliance with emissions limitations established pursuant 

to this subsection 4.2. 

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4.3 Non-Title V Permit A~~lication. 

A. An application for a non-Title V permit shall be prepared on forms 

prescribed by the Department. 

B. Applications shall be signed by a responsible official or by a person 

otherwise legally authorized to act on behalf of the applicant. 

The applicant shall furnish all information and data required by the 

Department to evaluate the permit application, including but not limited to 

site information, process description, the nature and amount of emissions, 

and when required, the information and data required for a BRDT 

determination. Additional information that the Department may require in 

order to determine compliance with these parts shall be fhmished upon 

request. Such information may include but is not limited to plans, 

drawings, specifications, evidence or documentation. The Director may 

require the source to model its impact on ambient air quality in accordance 

with 40 C.F.R. Part 51, Appendix W. 

D. Any applicant who fails to submit any relevant facts or who has submitted 

incorrect information in a permit application shall, upon becoming aware 

of such failure or incorrect submittal, promptly submit such supplementary 

facts or corrected information. In addition, an applicant shall provide 

additional information as necessary to address any requirements that 

become applicable to the source after the date it filed a complete 

application but prior to proposal of a draft permit. 

E. Any permit application form or report submitted pursuant to this Part shall 

contain certification by a responsible official of the truth, accuracy, and 

completeness of the submissions. 

F. The applicant shall include a compliance plan containing a description of 

the compliance status of the source with respect to all applicable 

requirements. If the compliance plan declares that a source is not in 

compliance with an applicable requirement, a narrative of how the source 

will achieve compliance and a schedule of compliance including an 

enforceable sequence of actions with milestones shall be submitted. 
G. An application will not be deemed to be complete until all information and 

data required to evaluate the application have been submitted to the 

Department. Within sixty (60) days after the receipt of an application or 

any supplemental information requested by the Department, the 

Department shall notify the applicant if and in what respect the application 

is incomplete. If the Department fails to notify an applicant that the 

application is incomplete within sixty (60) days of receipt of the 

application or any supplemental information requested, whichever is later, 

the application shall be deemed complete. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

H. Within twelve (12) months of receipt of a complete application for a 

permit, the Director shall propose a permit decision including the language 

of the draft permit. The Director shall provide notice of the proposed 

decision as provided in subsection 4.6. 

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4.4 Non-Title V Permit Content. 

A. Each permit issued under subsection 4.3 of this Part shall include, but not 

be limited to, the following elements: 

1. The date of issuance and a permit term not to exceed five (5) years. 

2. Enforceable emissions limitations or source requirements for any 

source or emissions unit that assure: 

a. The ambient air quality standards set forth in Part I, Section 

4.0 shall be maintained; 

b. The public health will be protected; 

c. Compliance with the applicable requirements of this Part 

including the BRDT requirements, New Source 

Performance Standards in Section 7.0 of this Part and 

National Emissions Standards for Hazardous Air Pollutants 

in Section 8.0 of this Part; and 

d. Compliance with all requirements of the Act will be 

maintained. 

3. Monitoring, testing, reporting, and recordkeeping requirements 

that assure reasonable information is provided to evaluate 

compliance consistent with terms and conditions of the permit, the 

requirements of these parts, any applicable requirements and the 

Act. 
4. A requirement that any revision of an emission limitation, 

monitoring, testing, reporting, and recordkeeping requirements 

shall be made consistent with the permit revision requirements 

applicable to non-Title V sources under Section 5.0 of this Part. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

5. A requirement that, upon presentation of credentials and other 

documents as may be required by law, the owner or operator shall 

allow the Director or his or her designee or the U.S. EPA to 

perform the following at a reasonable time of day and in 

accordance with reasonable safety standards: 

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a. Enter the premises where a permitted source is located or 

emissions-related activity is conducted, or where records 

required by a permit term, or condition are kept; 

b. Have access to and copies made of any records that are 

required to be maintained by this Part or by the conditions 

of a permit or permit revision; and 

c. Inspect any operations, processes, emissions units 

(including monitoring and air pollution control equipment), 

or practices regulated or required under a permit or permit 

revision. 

d. Sample or monitor substances, parameters or emissions for 

the purpose of determining compliance with the permit and 

applicable requirements. 

6. A requirement that a responsible official submit to the department 

no later than March 15, annual written certification that the source 

is in operation and was in compliance with the permit during the 

previous calendar year. 

7. A requirement that a responsible official shall complete and submit 

to the Department an annual emissions inventory on a form 

prescribed by the Director. The emissions inventory is due on 

March 3 1 and shall cover emissions from the previous calendar 

year. The emissions inventory shall be determined using the actual 

emissions and shall be based on the measured data or emissions 

factors specified on the emissions inventory form. 

8. A severability clause to insure the continued validity of the permit 

in the event of a successful challenge to any portion of the permit. 

9. Provisions stating that: 
a. The permittee shall comply with all conditions of the 

permit including all applicable requirements under this 

Part, and that any permit noncompliance is grounds for 

enforcement action under Part 111 (Enforcement 

Ordinances); for permit termination or revision; or for 

denial of a permit renewal application. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

b. In an enforcement action, it shall not be a defense for a 

permittee that it would have been necessary to halt or 

reduce the permitted activity in order to maintain 

compliance with conditions of the permit. 

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c. The permit does not convey any property right or any 

exclusive privilege to the permittee. 

10. For a new non-Title V source or a major modification to an 

existing non-Title V source, a requirement that, within sixty (60) 

days after a source has achieved the capability to operate at its 

maximum production rate on a sustained basis but no later than 

one hundred eighty (1 80) days after initial startup or the date of 

permit issuance for an existing source, the owner or operator shall 

conduct performance tests or such other method of confirming 

compliance with applicable requirements as shall be specified by 

the Director and submit to the Director the written results of such 

tests. Performance tests or other compliance confirmation 

methodology shall be conducted under such conditions as the 

Director shall specifi based upon representative performance of 

the source. A performance test shall consist of three separate runs 

using the applicable test method. The owners or operators of the 

source shall provide the Department notice at least two (2) weeks 

prior to performance testing and shall provide: 

a. Sampling ports adequate for the test methods applicable to 

the source; 

b. Safe sampling platforms and safe access to such platforms; 

c. Utilities for sampling and testing equipment. 

4.5 Administrative Requirements for Non-Title V Permits. 
A. Fees Required: Persons subject to the permitting requirements of this Part 

shall pay the applicable fees required, as set forth in Section 11.0 of this 

Part. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

B. Permit Term: A non-Title V permit shall remain in effect for no more 

than five (5) years. 

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C. Administrative Permit Amendments: An administrative permit 

amendment is required for any of the following changes: 

1. To correct typographical errors; 

2. To identify a change in the name, address, or phone number of any 

person identified in the permit, or provide a similar minor 

administrative change at the source; 

3. To require more frequent monitoring or reporting by the permittee; 

and 

4. To allow for a change in ownership or operational control of a 

source with a non-Title V permit, provided that a written 

agreement containing a specific date for the transfer of permit 

responsibility and liability between the current and new permittee 

has been submitted to the Director and the requirements of 

subsection 4.7 of this Part are met. The written agreement shall 

contain the information required and be subject to the review 

process contained in subsection 4.7 of this Part. 

4.6 Public Partici~ation. 

A. The Director shall provide the public notice and an opportunity for public 

comment as provided by this subsection before issuing or renewing a nonTitle V permit or issuing a significant permit revision to a non-Title V 

permit. 

B. The Director shall publish notice ofthe permit issuance once each week 

for two (2) consecutive weeks in a newspaper of general circulation in the 

areas where the source is or will be located. The Director shall mail a 

copy of the notice to persons on a mailing list developed by the Director 

and consisting of those persons who have requested in writing to be placed 

on such a mailing list or whom the Director, in his or her sole discretion, 

believes are appropriate recipients of such notice. 

C. The notice required by paragraph B of this section shall include the 

following: 
1. Identification of the affected facility; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

2. Name and address of the permittee or applicant; 

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3. Name and address of the permitting authority processing the 

permit action; 

4. The activity or activities involved in the permit action; 

5. The emissions change involved in any significant permit revision; 

6. The air contaminants to be emitted; 

7. If applicable, that a notice of confidentiality has been filed under 

Section 10.0 of this Part; 

8. A statement that any person may submit written comments or a 

written request for a public hearing, or both, on the proposed 

permit action, along with the deadline for such requests or 

comments; 

9. The name, address and telephone number of a person from the 

Department from whom additional information may be obtained; 

and 

10. Locations where copies of the permit or permit revision 

application, the proposed permit, and all other materials available 

to the Director that are relevant to the permit decision may be 

reviewed, including the Department office, and the times at which 

they shall be available. 

D. The Director shall hold a public hearing only upon written request. If a 

public hearing is requested, the Director shall schedule and publish notice, 

of the date, time and location of such hearing in accordance with 

paragraph B above. The Director shall give notice of any public hearing at 

least thirty (30) days in advance of the hearing. 

E. The Director shall provide at least thirty (30) days from the date of its first 

public notice for public comment. The Director shall keep a record of the 

commenters and the issues raised during the public participation process 

and shall prepare written responses to all comments received. At the time 

a final decision is made, the record and copies of the Director's responses 

shall be made available to the applicant and all commenters. 

4.7 Non-Title V Permit Transfers. 
A. A non-Title V permit may be transferred to another person if the person 

who holds the permit gives notice to the DEQ in writing at least sixty (60) 

days before the proposed transfer. The permit transfer notice shall contain 

the following: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. The permit number and expiration date. 

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2. The name, address and telephone number of the current permit 

holder. 

3. The name, address and telephone number of the person to receive 

the permit. 

4. The name and title of the individual within the organization who is 

accepting responsibility for the permit along with a signed 

statement by that person indicating such acceptance. 

5. A description of the equipment to be transferred. 

6. A written agreement containing a specific date for transfer of 

permit responsibility, coverage, and liability between the current 

and new permittee. 

7. Provisions for the payment of any fees pursuant to Section 11.0 of 

this Part that will be due and payable before the effective date of 

transfer. 

8. Sufficient information about the proposed permit holders technical 

and financial capabilities of operating the source to allow the DEQ 

to make the decision to either grant or deny the permit transfer 

during the 60-day review period, including: 

a. The qualifications of each person principally responsible 

for the operation of the source. 

b. A statement by the chief financial officer of the new 

permittee that it is financially capable of operating the 

source in compliance with the law, and the information that 

provides the basis for that statement. 

c. A brief description of any action taken against the proposed 

permit holder for the enforcement of any federal or state 

law, rule or regulation, or any county, city or local 

government ordinance relating to the protection of the 

environment for five (5) years preceding the date of 

application. 
The Director may deny a permit transfer if it is determined that the new owner or 

operator's compliance record or financial resources are such as it lacks the capability 

to comply with the permit. 

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For purposes of this section, a transfer includes a sale or conveyance to a new 

corporation or entity or other change in ownership of the current permit holder 

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4.8 Posting of Permit. 

A. Any person who has been granted a permit shall post such permit or 

certificate of permit issuance at a location where it will be clearly visible. 

B. A copy of the complete permit shall be kept on the site and available for 

inspection by a representative of the Department or any person. 

5.0 PERMIT REVISIONS AT A NON-TITLE V SOURCE 

5.1 Changes Requiring a Permit Revision 

A. The following changes at a source with a non-Title V permit shall require 

a permit revision: 

1. A change that triggers a new applicable requirement or would 

violate an existing applicable requirement; 

2. Establishing of, or change in, a voluntarily accepted emission 

limitation; 

3. A change that will require a case-by-case determination of an 

emission limitation or other standard, such as BRDT, or a sourcespecific determination of ambient impacts, or a visibility or 

increment analysis; 

4. A change that results in emissions that are subject to monitoring, 

recordkeeping or reporting under the permit if the emissions 

cannot be measured or otherwise adequately quantified by 

monitoring, recordkeeping, or reporting requirements already in 

the permit; 

5. A change that will authorize the burning of used oil, used oil fuel, 

hazardous waste, or hazardous waste fuel, or any other fuel not 

currently authorized by the permit; 

6. A change that results in an increase of the source's potential to 

emit equal to or greater than twenty-five (25) tons per year of any 
single criteria air pollutant but which does not make the source a 

major source of that pollutant; 

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7. A change that results in either the potential emissions of any new 

HAP of three (3) tons per year or in an increase of the source's 

potential to emit equal to or greater than three (3) tons per year of 

any individual HAP or five (5) tons per year of any combination of 

HAPS already emitted by the source; 

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8. Changes that result in the potential emissions of any new 

ultrahazardous air pollutant equal to or greater than three hundred 

(300) pounds per year or result in an increase in the source's 

potential to emit equal to or greater than three hundred (300) 

pounds per year of any ultrahazardous air pollutant or combination 

of ultrahazardous air pollutants; 

9. Replacement of an item of air pollution control equipment listed in 

the permit with one that does not have the same or better pollutant 

removal efficiency; 

10. Increasing operating hours or rates of production above the 

permitted level; and 

1 1. A change that relaxes monitoring, recordkeeping, or reporting 

requirements, except when the change results: 

a. From removing equipment that results in a permanent 

decrease in actual emissions if the source keeps on-site 

records of the change in a log that is in a form acceptable to 

the Department and if the requirements that are relaxed are 

present in the permit solely for the equipment that was 

removed; or 

b. From a change in an applicable requirement. 

B. A source with a non-Title V permit may make any physical change or 

change in the method of operation without revising the source's permit 

unless the change is specifically prohibited in the source's permit or is a 

change specifically described in this subsection as requiring a permit 

revision. A change that does not require a permit revision may still be 

subject to the other requirements in subsection 5.2. 

C. A significant permit revision shall be subject to the public participation 

requirements of subsection 4.6 of this part. 

5.2 Changes that Do Not Reauire a Permit Revision at a Non-Title V Source. 

8/20/08 
A. Except for a physical change or change in the method of operation at a 

non-Title V source requiring a permit revision under Section 5.0, or a 

change subject to logging or notice requirements under this subsection, a 

change at a non-Title V source shall not be subject to revision, notice or 

logging requirements under this Part. 

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B. Except as otherwise provided in the conditions applicable to a voluntary 

accepted emission limit created under subsection 4.2(C), the following 

changes may be made if the source keeps on site records of the change in 

accordance with requirements to be prescribed by the Department: 

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1. Implementing an alternative operating scenario, including raw 

materials changes; 

2. Changing process equipment, operating procedures, or making any 

other physical change if the permit requires the change to be 

logged; 

3. Engaging in any new insignificant activity; 

4. Replacing an item of air pollution control equipment listed in the 

permit with an identical (same model, different serial number) 

item. The Director may require verification of efficiency of the 

new equipment by performance tests; and 

5. A change that results in a decrease in actual emissions if the source 

wants to claim credit for the decrease in determining whether the 

source has a net emissions increase for any purpose. The logged 

information shall include a description of the change that will 

produce the decrease in actual emissions. A decrease that has not 

been logged is creditable only if the decrease is quantifiable, 

enforceable, and otherwise qualifies as a creditable decrease. 

C. Except as provided in the conditions applicable to a voluntarily accepted 

emission limitation created under subsection 4.2(C), the following changes 

may be made if the source provides written notice to the Department in 

advance of the change as provided below: 

1. Replacing an item of air pollution control equipment listed in the 

permit with one that is not identical but that is substantially similar 

and has the same or better pollutant removal efficiency: seven (7) 

days. The Director may require verification of efficiency of the 

new equipment by performance tests; 
2. A physical change or change in the method of operation that 

increases actual emissions more than ten (10) tons per year or ten 

(10) percent of the major source threshold for any criteria 

pollutant, whichever is less, but does not require a permit revision: 

seven (7) days; 

GRIC Code - Title 17, Chapter 9 

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3. Replacing 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 efficiency: thirty (30) days. The Director may 

require verification of efficiency of the new equipment by 

performance tests; 

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4. A change that would trigger an applicable requirement that already 

exists in the permit: thirty (30) days unless a different notice period 

is otherwise required by the applicable requirement. 

For each change under paragraph C of this section, the written notice shall 

be by certified mail or hand delivery and shall be received by the Director 

within the minimum amount of time in advance of the change. 

Notifications of changes associated with emergency conditions, such as 

malfunctions necessitating the replacement of equipment, may be 

provided with less than required notice, but must be provided as far in 

advance of the change, or if advance notification is not practicable, as 

soon after the change as possible. The written notification shall include: 

1. When the proposed change will occur; 

2. A description of the change; 

3. Any change in emissions of regulated air pollutants; and 

4. Any permit term or condition that is no longer applicable as a 

result of the change. 

E. A source may implement any change in paragraph C without the required 

notice by applying for a minor permit revision and complying with 

application requirements for a minor permit revision. 

F. Notwithstanding any other provision of this subsection, the Director may 

require a permit to be revised for any change that, when considered 

together with any other changes submitted by the same source under this 

subsection over the term of the permit, constitute a change requiring a 

permit revision under Section 5.0. 

G. If a source change is described under both paragraphs B and C of this 

section, the source shall comply with paragraph C. If a source change is 
described under both paragraph C and subsection 5.1 (B), the source shall 

comply with subsection 5.1 (B). 

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H. A copy of all logs required under paragraph (B) shall be filed with the 

Director within thirty (30) days after each anniversary of the permit issue 

date. If no changes were made at the source requiring logging, a statement 

to that effect shall be filed instead. 

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5.3 Annual Surnmarv Permit Amendments for Non-Title V Sources. 

A. The Director may amend any non-Title V permit annually without 

reopening the permit in order to incorporate changes reflected in logs or 

notices filed under subsection 5.2. The amendments shall be effective to 

the anniversary date of the permit. The Director shall make available to 

the public for any source: 

1. A complete record of logs and notices sent to the Department 

under subsection 5.2; and 

2. Any amendments or revisions to the source's permit. 

5.4 Requirements for a Minor Permit Revision for Chanpes at a Non-Title V 

- Source. 

A. Minor permit revision procedures shall be used for the following changes 

at a non-Title V source: 

1. A change that triggers a new applicable requirement if all of the 

following apply: 

a. The net emissions increase is less than the smaller of 

twenty-five (25) tons per year or the significant level 

defined in Section 1.0 of this Part; 

b. A case-by-case determination of an emission limitation or 

other standard is not required; and 

c. The change does not require the source to obtain a Title V 

permit. 

2. Increasing operating 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. A change in fuel from fuel oil or coal, to natural gas or propane, if 

not authorized in the permit; 

GRIC Code - Title 17, Chapter 9 

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4. A change that results in emissions subject to monitoring, 

recordkeeping, or reporting and that cannot be measured or 

otherwise adequately quantified by monitoring, recordkeeping, or 

reporting requirements already in the permit if the revision requires 

monitoring, recordkeeping and/or reporting that provides the 

required quantification; or 

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5. Replacement of an item of air pollution control equipment listed in 

the permit with one that has the same or better efficiency. The 

Director may require performance testing to verify the efficiency 

of the new control equipment. 

B. An application for minor permit revision shall be on an application form 

prescribed by the Department and shall include the following: 

1. A description of the change, the emissions resulting from the 

change, and any new applicable requirements that will apply if the 

change occurs; and 

2. Certification by a responsible official, consistent with standard 

permit application requirements, that the proposed revision meets 

the criteria for use of minor permit revision procedures. 

C. Within sixty (60) days of the Director's receipt of a complete application 

for a minor revision of a non-Title V permit under this Part, the Director 

shall do one or more of the following: 

1. Issue the permit revision as proposed; 

2. Deny the permit revision; 

3. Determine that the permit revision does not meet the minor permit 

revision criteria and should be reviewed under the significant 

revision procedures; or 

4. Revise minor permit revision as proposed. 

D. The source may make the change proposed in its minor permit revision 

application immediately after it files the complete application. After the 

source makes the change allowed by the preceding sentence, and until the 

Director takes any of the actions specified in paragraph C of this section, 

the source shall comply with both the applicable requirements governing 

the change and the proposed revised permit terms and conditions. During 
this time period, the source need not comply with the existing permit 

terms and conditions it seeks to modify. However, if the source fails to 

comply with its proposed permit terms and conditions during this time 

period, the existing permit terms and conditions it seeks to revise may be 

enforced against it. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

E. Notwithstanding any other provision of this Section, the Director may 

require a permit to be revised as a significant permit revision for any 

change that, when considered together with any other changes submitted 

by the same source under this Part or over the life of the permit, do not 

satisfy paragraph A of this section. 

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5.5 Si~nificant Permit Revision Reauirements for Non-Title V Sources. 

A. A non-Title V source shall make the following changes only after its 

permit is significantly revised in accordance with the requirements of 

paragraphs B through D of this section: 

I. Establishing or revising a viluntarily accepted emission limitation 

or standard in accordance with subsection 4.2(C); 

2. Making any change in fuel not authorized by the permit and that is 

not he1 oil or coal, to natural gas or propane; 

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; 

4. A change that relaxes monitoring, recordkeeping, or reporting 

requirements, except when the change results from: 

a. Removing equipment that results in a permanent decrease 

in actual emissions. If the source keeps on-site records of 

the change in a log that satisfies the requirements in 

subsection 5.2 and if the requirements that are relaxed are 

present in the permit solely for the equipment that was 

removed; or 

b. A change in an applicable requirement. 

5. A change that will cause the source to violate an existing 

applicable requirement; 

6. A change that will require any of the following: 
a. A case-by-case determination of an emissions limitation or 

other standard, including a determination of BRDT; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

b. A source-specific determination of ambient impacts; or 

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c. A case-by-case determination of monitoring, 

recordkeeping, and reporting requirements. 

7. A change that requires the source to obtain a Title V permit. 

B. A request for a significant permit revision shall be submitted on an 

application form prescribed by the Department. 

C. A significant permit revision shall be subject to the public participation 

requirements of subsection 4.6 of this Part. 

D. The Director shall act upon an application for a significant permit revision 

within nine (9) months of receipt of a complete permit application. 

5.6 Portable Sources. 

A portable source may move from one location within Community land to another or 

may move outside Community land provided that the owner or operator of such source notifies 

the Director by certified mail at least ten (10) working days before the transfer. The notification 

shall include: 

A. A description of the equipment to be moved if it is not the entire source; 

B. A description of both the present location and the new location; 

C. The date on which the source is to be moved; and 

D. The date on which the source will commence operation at the new 

location. 
reopening is required if the effective date o 

due to expire, unless the original permit 

provisions for permit renewal. 

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Revised 2008 Air Quality Ordinance 

emissions 

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C. 

or that inaccurate 

the emissions 

permit. 

d. 

to assure compliance 

appeal of any 

Reopenings under paragraph (A)(l) of this 

initiated before a notice of such intent is 

the Director at least thirty (30) days in 

permit is to be reopened, except that 

shorter time period in the case of an emergency. 
source a propose 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

C. The Director may issue a notice of termination of a permit issued pursuant 

to this Part when either: 

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1. The Director has reasonable cause to believe that the permit was 

obtained by fraud or misrepresentation; 

2. The person applying for the permit failed to disclose a material act 

required by the permit application form or the regulation 

applicable to the permit, of which the applicant had or should have 

had knowledge at the time the application was submitted; or 

3. The terms and conditions of the permit have been or are being 

violated. 

D. If the Director issues a notice of termination under this Section, the notice 

shall be served on the permittee by certified mail, return receipt requested. 

The notice shall include a statement detailing the grounds for the 

revocation and a statement that the permittee may seek an administrative 

review of the revocation under Part IV. 

5.8 Affirmative Defense for Excess Emissions Due to Malfunctions, Startup, 

and Shutdown. 

A. Applicability. 

This subsection establishes affirmative defenses for certain emissions in 

excess of an emission standard or limitation and applies to all emission 

standards or limitations except for standards or limitations: 

1. Promulgated pursuant to Sections 1 1 1 or 1 12 of the Act; 

2. Promulgated pursuant to Titles IV or VI of the Act; 

3. Included in a permit to meet the requirements of this Part. 

B. Affirmative Defense for Malfunctions. 

Emissions in excess of an applicable emission limitation due to 

malfunction shall constitute a violation. The owner or operator of a source 
with emissions in excess of an applicable emission limitation due to 

malfunction has an affirmative defense to a civil or administrative 

enforcement proceeding based on that violation, other than a judicial 

action seeking injunctive relief, if the owner or operator of the source has 

complied with the reporting requirements of subsection 5.9 of this Part and 

has demonstrated all of the following: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. The excess emissions resulted from a sudden and unavoidable 

breakdown of process equipment or air pollution control 

equipment beyond the reasonable control of the operator; 

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2. The air pollution control equipment, process equipment, or 

processes were at all times maintained and operated in a manner 

consistent with good practice for minimizing emissions; 

3. If repairs were required, the repairs were made in an expeditious 

fashion when the applicable emission limitations were being 

exceeded. Off-shift labor and overtime were utilized where 

practicable to ensure that the repairs were made as expeditiously as 

possible. If off-shift labor and overtime were not utilized, the 

owner or operator satisfactorily demonstrated that the measures 

were impracticable; 

4. The amount and duration of the excess emissions (including any 

bypass) were minimized to the maximum extent practicable during 

periods of such emissions; 

5. All reasonable steps were taken to minimize the impact of the 

excess emissions on ambient air quality; 

6. The excess emissions were not part of a recurring pattern 

indicative of inadequate design, operation, or maintenance; 

7. During the period of excess emissions there were no exceedances 

of the relevant ambient air quality standards that could be 

attributed to the emitting source; 

8. The excess emissions did not stem from any activity or event that 

could have been foreseen and avoided, and could not have been 

avoided by better operations and maintenance practices; 

9. All emissions monitoring systems were kept in operation, if 

practicable; and 

10. The owner or operator's actions in response to the excess 

emissions were documented by contemporaneous records. 
C. Affirmative Defense for Startup and Shutdown. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. Except as provided in paragraph (C)(2) of this section, and unless 

otherwise provided for in the applicable requirement or a permit 

issued pursuant to this Part, emissions in excess of an applicable 

emission limitation due to startup and shutdown shall constitute a 

violation. The owner or operator of a source with emissions in 

excess of an applicable emission limitation due to startup and 

shutdown has an affirmative defense to a civil or administrative 

enforcement proceeding based on that violation, other than a 

judicial action seeking injunctive relief, if the owner or operator of 

the source has complied with the reporting requirements of 

subsection 5.9 of this Part and has demonstrated all of the 

following: 

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a. The excess emissions could not have been prevented 

through careful and prudent planning and design; 

b. If the excess emissions were the result of a bypass of 

control equipment, the bypass was unavoidable to prevent 

loss of life, personal injury, or severe damage to air 

pollution control equipment, production equipment, or 

other property; 

c. The source's air pollution control equipment, process 

equipment, or processes were at all times maintained and 

operated in a manner consistent with good practice for 

minimizing emissions; 

d. The amount and duration of the excess emissions 

(including any bypass operation) were minimized to the 

maximum extent practicable during periods of such 

emissions; 

e. All reasonable steps were taken to minimize the impact of 

the excess emissions on ambient air quality; 

f. During the period of excess emissions there were no 

exceedances of the relevant ambient air quality standards 

that could be attributed to the emitting source; 

g. AH emissions monitoring systems were kept in operation if 

at all practicable; and 
h. The owner or operator's actions in response to the excess 

emissions were documented by contemporaneous records. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

2. If excess emissions occur due to a malfunction during routine 

startup and shutdown, then those instances shall be treated as other 

malfunctions subject to paragraph B of this section. 

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D. Affirmative Defense for Malfunction During Scheduled Maintenance. 

If excess emissions occur due to a malfunction during scheduled 

maintenance, then those instances will be treated as other malfunctions 

subject to paragraph B of this section. 

E. Demonstration of Reasonable and Practicable Measures. 

For an affirmative defense under paragraphs B or C of this section, the 

owner or operator of the source shall demonstrate, through submission of 

the data and information required by this subsection and subsection 5.9, 

that all reasonable and practicable measures within the owner or operator's 

control were implemented to prevent the occurrence of the excess 

emissions. 

5.9 Reporting Requirements. 

A. The owner or operator of any source shall report to the Director any 

emissions in excess of the limits established by this Part or the applicable 

permit. The report shall be in two parts as specified below: 

1. Notification by telephone or facsimile within twenty-four (24) 

hours of the time the owner or operator first learned of the 

occurrence of excess emissions that includes all available 

information from paragraph B of this section. 

2. Detailed written notification by submission of an excess emissions 

report within seventy-two (72) hours of the notification under 

paragraph (I) of this subsection. 

B. The excess emissions report shall contain the following information: 

1. The identity of each stack or other emission point where the excess 

emissions occurred: 

2. The magnitude of the excess emissions expressed in the units of 

the applicable emission limitation and the operating data and 

calculations used in determining the magnitude of the excess 

emissions; 
3. The time and duration or expected duration of the excess 

emissions; 

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4. The identity of the equipment from which the excess emissions 

emanated; 

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5. The nature and cause of the emissions; 

6. The steps taken, if the excess emissions were the result of a 

malfunction, to remedy the malfunction and the steps taken or 

planned to prevent the recurrence of the malfunctions; 

7. The steps that were or are being taken to limit the excess 

emissions; and 

8. If the source's permit contains procedures governing source 

operation during periods of startup or malfunction and the excess 

emissions resulted from startup or malfunction, a list of the steps 

taken to comply with the permit procedures. 

C. In the case of continuous or recurring excess emissions, the notification 

requirements of this Section shall be satisfied if the source provides the 

required notification after excess emissions are first detected and includes 

in the notification an estimate of the time the excess emissions will 

continue. Excess emissions occurring after the estimated time period or 

changes in the emissions as originally reported shall require additional 

notification pursuant to paragraphs A and B of this section. 

6.0 CONTINUOUS SOURCE EMISSIONS MONITORING 

A. Fossil-fuel fired steam generators, as specified in subsection 6.3(A) shall 

be monitored for opacity, nitrogen oxides emissions, sulfur dioxide 

emissions, and oxygen or carbon dioxide. 

B. Fluid bed catalytic cracking unit catalyst regenerators, as specified in 

subsection 6.3(D), shall be monitored for opacity. 

C. Sulfuric acid plants, as specified in subsection 6.3(C), shall be monitored 

for sulfur dioxide emissions. 

D. Nitric acid plants, as specified in subsection 6.3(B), shall be monitored for 

nitrogen oxides emissions. 

6.2 Standards. 

8/20/08 
A. Every source subject to an existing source performance standard as 

specified in this section shall install, calibrate, operate, and maintain all 

monitoring equipment necessary for continuously monitoring the 

pollutants and other gases specified in this section for the applicable 

source category. 

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B. Emission monitoring shall not be required when the source of emissions is 

not operating. 

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C. Variations. 

1. Unless otherwise prohibited by the Act, the Director may approve, 

on a case-by-case basis, alternative monitoring requirements 

different from the provisions of this Section if the installation of a 

continuous emission monitoring system cannot be implemented by 

a source due to physical plant limitations or extreme economic 

reasons. Alternative monitoring procedures shall be specified by 

the Director on a case-by-case basis and shall include, as a 

minimum, annual manual stack tests for the pollutants identified 

for each type of source in this Section. Extreme economic reasons 

shall mean that the requirements of this Section would cause the 

source to be unable to continue in business. 

2. Alternative monitoring requirements may be prescribed when 

installation of a continuous emission monitoring system or 

monitoring device would not provide accurate determinations of 

emissions. 

3. Alternative monitoring requirements may be prescribed when the 

affected facility is infrequently operated. 

4. Monitoring system malfunction: A temporary exemption from the 

monitoring and reporting requirements of this Section may be 

provided during any period of monitoring system malfunction, 

provided that the source owner or operator demonstrates that the 

malfunction was unavoidable and the malfunction meets the 

requirements of subsections 5.8 and 5.9 of this Part. 

D. Installation and performance testing required under this Section shall be 

completed and monitoring and recording shall commence within eighteen 

(1 8) months of the effective date of this section. 

6.3 Minimum Monitorinp Requirements. 
A. Fossil-fuel fired steam generators: Each fossil-fbel fired steam generator, 

except as provided in the following subsections shall conform with the 

following monitoring requirements when such facility is subject to an 

emission standard or limitation for the pollutant in question. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. A continuous emission monitoring system for the measurement of 

opacity which meets the performance specifications of this Section 

shall be installed, calibrated, maintained, and operated in 

accordance with the procedures of this Section by the owner or 

operator of any such steam generator of greater than 250 million 

BTU per hour heat input except where: 

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a. Gaseous fuel is the only fuel burned; or 

b. Oil or a mixture of gas and oil are the only fuels burned and 

the source is able to comply with the applicable particulate 

matter and opacity regulations, documented by passing a 

performance test conducted while fired on oil, without 

utilization of particulate matter collection equipment. 

2. A continuous emission monitoring system for the measurement of 

sulfur dioxide which meets the performance specifications of this 

Section shall be installed, calibrated, using sulfur dioxide 

calibration gas mixtures or other gas mixtures approved by the 

Director, maintained and operated on any fossil-fuel fired steam 

generator of greater than 250 million BTU per hour heat input 

which has installed sulfur dioxide pollutant control equipment. 

3. A continuous emission monitoring system for the measurement of 

nitrogen oxides which meets the performance specifications of this 

Section shall be installed, calibrated using nitric oxide calibration 

gas mixtures or other gas mixtures approved by the Director, 

maintained and operated on fossil-fuel fired steam generators of 

greater than 1000 million BTU per hour heat input when the 

facility is located in an air quality control region where the 

Director has specifically determined that a control strategy for 

nitrogen dioxide is necessary to attain the ambient air quality 

standard, unless the source owner or operator demonstrates during 

source compliance tests as required by the Department that such a 

source emits nitrogen oxides at levels thirty (30) percent or more 

below the emission standard within this Part. 

4. A continuous emission monitoring system for the measurement of 

the percent oxygen or carbon dioxide which meets the performance 

specifications of this Section shall be installed, calibrated, operated 
and maintained on fossil-fuel fired steam generators where 

measurements of oxygen or carbon dioxide in the flue gas are 

required to convert either sulfur dioxide or nitrogen oxides 

continuous emission monitoring data, or both, to units of the 

emission standard within this Part. 

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B. Nitric acid plants: Each nitric acid plant of greater than three hundred 

(300) tons per day production capacity, the production capacity being 

expressed as one hundred (100) percent acid located in an air quality 

control region where the Director has specifically determined that a 

control strategy for nitrogen dioxide is necessary to attain the ambient air 

quality standard, shall install, calibrate using nitrogen dioxide calibration 

gas mixtures, maintain, and operate a continuous emission monitoring 

system for the measurement of nitrogen oxides which meets the 

performance specifications of this Section for each nitric acid producing 

facility, within such plant. 

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C. Sulhric acid plants: Each sulfuric acid plant of greater than three hundred 

(300) tons per day production capacity, the production being expressed as 

one hundred (100) percent acid, shall install, calibrate using sulfur dioxide 

calibration gas mixtures or other gas mixtures approved by the Director, 

maintain and operate a continuous emission monitoring system for the 

measurement of sulfur dioxide which meets the performance 

specifications of this Section for each sulfuric acid producing facility 

within such plant. 

D. Fluid bed catalytic cracking unit catalyst regenerators at petroleum 

refineries. Each catalyst regenerator for fluid bed catalytic cracking units 

of greater than 20,000 barrels per day fresh-feed capacity shall install, 

calibrate, maintain and operate a continuous emission monitoring system 

for the measurement of opacity which meets the performance 

specifications of this Section for each regenerator within such refinery. 

6.4 Minimum Specifications For Monitorine Equivment. 

A. Owners or operators of monitoring equipment installed to comply with 

this Section shall demonstrate compliance with the following performance 

specifications. 

1. The performance specifications set forth in Appendix B of 40 

C.F.R. Part 60, adopted as of July 1, 2006, and no future additions 

or amendments, are incorporated herein by reference and shall be 

used by the Director to determine acceptability of monitoring 

equipment installed pursuant to this Section. However, where 

reference is made to the Administrator in Appendix B of 40 C.F.R. 
Part 60, the Director may allow the use of either the state-approved 

reference method or the federally approved reference method as 

published in 40 C.F.R. Part 60. The performance specifications to 

be used with each type of monitoring system are: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

a. Continuous emission monitoring systems for measuring 

opacity shall comply with performance specification 1. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 57 of 92 

b. Continuous emission monitoring systems for measuring 

nitrogen oxides shall comply with performance 

specification 2. 

c. Continuous emission monitoring systems for measuring 

sulhr dioxide shall comply with performance specification 

2. 

d. Continuous emission monitoring systems for measuring 

oxygen shall comply with performance specification 3. 

e. Continuous emission monitoring systems for measuring 

carbon dioxide shall comply with performance 

specification 3. 

B. Calibration gases: Span and zero gases shall be traceable to National 

Bureau of Standards reference gases whenever these reference gases are 

available. Every six (6) months from date of manufacture, span and zero 

gases shall be reanalyzed by conducting triplicate analyses using the 

reference methods in Appendix A of 40 C.F.R. Part 60 (Chapter 1) as 

amended: For sulfur dioxide, use Reference Method 6; for nitrogen oxides, 

use Reference Method 7; and for carbon dioxide or oxygen, use Reference 

Method 3. The gases may be analyzed at less frequent intervals if longer 

shelf lives are guaranteed by the manufacturer. 

C. Cycling time: Time includes the total time required to sample, analyze, 

and record an emission measurement. 

1. Continuous emission monitoring systems for measuring opacity 

shall complete a minimum of one (1) cycle of sampling and 

analyzing for each successive 6-minute period. 

2. Continuous emission monitoring systems for measuring oxides of 

nitrogen, carbon dioxide, oxygen, or sulfur dioxide shall complete 

a minimum of one (1) cycle of operation (sampling, analyzing, and 

date recording) for each successive 15-minute period. 
D. Monitor location: All continuous emission monitoring systems or 

monitoring devices shall be installed such that representative 

measurements of emissions of process parameters (i.e. oxygen, or carbon 

dioxide) from the affected facility are obtained. Additional guidance for 

location of continuous emission monitoring systems to obtain 

representative samples are contained in the applicable performance 

specifications of Appendix B of 40 C.F.R. Part 60. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

E. Combined emuents: When the effluents from two (2) or more affected 

facilities of similar design and operating characteristics are combined 

before being released to the atmosphere through more than one (1) point, 

separate monitors shall be installed. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8/20/08 58 of 92 

F. Zero and drift: Owners or operators of all continuous emission monitoring 

systems installed in accordance with the requirements of this Section shall 

record the zero and span drift in accordance with the method prescribed by 

the manufacturer's recommended zero and span check at least once daily, 

using calibration gases specified in paragraph B as applicable, unless the 

manufacturer has recommended adjustments at shorter intervals, in which 

case such recommendations shall be followed; shall adjust the zero and 

span in accordance with the applicable performance specifications in 

Appendix B of 40 C.F.R. Part 60 (Chapter 1). 

G. Span: Instrument span should be approximately two hundred (200) 

percent of the expected instrument data display output corresponding to 

the emission standards for the source. 

6.5 Minimum Data Requirement. 

The following subsections set forth the minimum data reporting requirements for 

sources employing continuous emission monitoring equipment as specified in this 

Section. These periodic reports do not relieve the source operator from the 

reporting requirements of subsection 5.9 of this Part. 

A. The owners or operators of facilities required to install continuous 

emission monitoring systems shall submit to the Director a written report 

of excess emissions for each calendar quarter and the nature and cause of 

the excess emissions, if known. The averaging period used for data 

reporting shall correspond to the averaging period specified in the 

emission standard for the pollutant source category in question. The 

required report shall include, as a minimum, the data stipulated in this 

subsection. 

B. For opacity measurement, the summary shall consist of the magnitude in 

actual percent opacity of all 6-minute opacity averages greater than any 
applicable standards for each hour of operation of the facility. Average 

values may be obtained by integration over the averaging period or by 

arithmetically averaging a minimum of four (4) equally spaced, 

instantaneous opacity measurements per minute. Any time periods 

exempted shall be deleted before determining any averages in the units of 

the applicable standard for each averaging period during which the 

applicable standard was exceeded. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

C. For gaseous measurements, the summary shall consist of emission 

averages in the units of the applicable standard for each averaging period 

during which the applicable standard was exceeded. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8/20/08 59 of 92 

D. The date and time identifying each period during which the continuous 

emission monitoring system was inoperative, except for zero and span 

checks, and the nature of system repair or adjustment shall be reported. 

The Director may require proof of continuous emission monitoring system 

performance whenever system repairs or adjustments have been made. 

E. When no excess emissions have occurred and the continuous emission 

monitoring system(s) have not been inoperative, repaired, or adjusted, 

such information shall be included in the report. 

F. Owners or operators of affected facilities shall maintain a file of all 

information reported in the quarterly summaries, and all other data 

collected either by the continuous emission monitoring system or as 

necessary to convert monitoring data to the units of the applicable 

standard for a minimum of two (2) years from the date of collection of 

such data or submission of such summaries. 

6.6 Data Reduction. 

Owners or operators of affected facilities shall use the following procedures for 

converting monitoring data to units of the standard where necessary. 

A. For fossil-fuel fired steam generators, the following procedures shall be 

used to convert gaseous emission monitoring data in parts per million to 

g/million cal (Ib/million BTU) where necessary. 

1. When the owner or operator of a fossil-fuel fired steam generator 

elects under subsection 6.3 (A)(4) to measure oxygen in the flue 

gases, the measurement of the pollutant concentration and oxygen 

concentration shall each be on a consistent basis (wet or dry). 

a. When measurements are on a wet basis, except where wet 

scrubbers are employed or where moisture is otherwise 
added to stack gases, the following conversion procedure 

shall be used. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

b. When measurements are on a wet basis and the water vapor 

content of the stack gas is determined at least once every 

fifteen (1 5) minutes the following conversion procedures 

shall be used. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8/20/08 60 of 92 

Use of this equation is contingent upon demonstrating the 

ability to accurately determine B(ws) such that any absolute 

error in B(ws) will not cause an error or more than +/- 1.5% 

in the term: 

c. When measurements are on a dry basis, the following 

conversion procedure shall be used: 

2. When the owner or operator elects under subsection 6.3 (A)(4) to 

measure carbon dioxide in the flue gases, the measurement of the 

pollutant concentration and the carbon dioxide concentration shall 

each be on a consistent basis (wet or dry) and the following 

conversion procedure used: 

3. The values as used in the equations under paragraph (A)(]) of this 

section are derived as follows: 

E(Q) = pollutant emission, g/million cal (Ib/million BTU). 

C = pollutant concentration, gldscm (Ibldscf), determined by 

multiplying the avera e concentration (ppm) for each hourly f: period by 4.16 x 10 - M gldscm per ppm (2.64 x 10 -9 M Ibldscf 

per ppm) where M = pollutant molecular weight, g/g-mole (Ib/lbmole), M = 64 for sulfur dioxide and 46 for oxides of nitrogen. 
C(ws) = pollutant concentrations at stack conditions, glwscm 

(Iblwscf), determined by multiplying the average concentration 

(ppm) for each one-hour period by 4.15 x 10 " M Iblwscm per 

ppm) (2.59 x 10 -5 M Iblwscf per ppm) where M = pollutant 

molecular weight, glg mole (Ibllb mole). M = 64 for sulfur dioxide 

and 46 for nitrogen oxides. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

%0(2),%C0(2) = Oxygen or carbon dioxide volume (expressed as 

percent) determined with equipment specified under performance 

specification 3 subsection (D)( 1 )(d). 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 61 of92 

F,F(c) = A factor representing a ratio of the volume of dry flue 

gases generated to the calorific value of the fuel combusted (F), a 

factor representing a ratio of the volume of carbon dioxide 

generated to the calorific value of the fuel combusted (F(c)), 

respectively. Values of F and F(c) are given in 40 C.F.R. 9 60.45(f) 

(Chapter 1). 

F(w) = A factor representing a ratio of the volume of wet flue 

gases generated to the caloric value of the fuel combusted. Values 

of F(w)are given in Reference Method 19 of the Arizona Testing 

Manual. 

B(wa) = Proportion by volume of water vapor in the ambient air. 

Approval may be given for determination of B(w)a by on-site 

instrumental measurement provided that the absolute accuracy of 

the measurement technique can be demonstrated to be within k 

0.7% water vapor. Estimation methods for B(wa) are given in 

Reference Method 19. 

B(ws) = Proportion by volume of water vapor in the stack gas. 

B. For sulfuric acid plants, the owner or operator shall: 

1. Establish a conversion factor three (3) times daily according to the 

procedures of 40 C.F.R. § 60.84(b) (Chapter 1); 

2. Multiply the conversion factor by the average sulfur dioxide 

concentration in the flue gases to obtain average sulfur dioxide 

emissions in Kglmetric ton (Iblshort ton); and 

3. Report the average sulfur dioxide emission for each averaging 

period in excess of the applicable emission standard in the 

quarterly summary. 

C. For nitric acid plants, the owner or operator shall: 
1. Establish a conversion factor according to the procedures of 40 

C.F.R. $ 60.73 (b) (Chapter 1); 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

2. Multiply the conversion factor by the average nitrogen oxides 

concentration in the flue gases to obtain the nitrogen oxides 

emissions in the units of the applicable standard; and 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8/20/08 62 of 92 

3. Report the average nitrogen oxides emissions for each averaging 

period in excess of applicable emission standard in the quarterly 

summary. 

D. The Director may allow data reporting or reduction in procedures varying 

from those set forth in this section if the owner or operator of a source 

shows to the satisfaction of the Director that his procedures are at least as 

accurate as those in this section. Such procedures may include, but are not 

limited to, the following: 

1. Alternative procedures for computing emission averages that do 

not require integration of data. 

2. Alternative methods of converting pollutant concentration 

measurements to the units of the emission standards. 

Standards of Performance for New Stationarv Sources. 

ary source which contains an affected fa 

such facility in 40 C.F.R. 

stringent requirement shall apply. 
3 -. 

Construction is Commenced After August 17, 197 1. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

\ 3. Subpart Da - Electric Utility Steam Generating Units For 

Construction is Commenced After September 18, 1978. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8/20/08 63 of 92 

\ 4. Subpart Db - Industrial-Commercial-Institutional Stea 

Generating Units. 7' 

Subpart Dc - Small 

Generating Units. 

6. yart E - Incinerators. / 

for which Construction 

Combustors for Which Construction 

20, 1994 or for which Modification 

After June 19, 1996. 

9. Subpart 

10. subpart/- Portland Cement ~lahs. 

1 1. Sub d art G - Nitric Acid Plants. 

H - Sulfuric Acid Plants. 

\ 

\ 

Subpart I - Hot Mix Asphalt Facilities. \ 

/14. Subpart J - Petroleum Refineries. \ 

/ 15. Subpart K - Storage Vessels for Petroleum Liquids for 

Construction, Reconstruction or Modification 

June l I, 1973, and Prior to May 19, 1978. 

/ 16. Subpart Ka - Storage Vessels for Petroleum Liquids for Which 

Construction, Reconstruction, or Modification Commenced After 
Petroleum Liquid Storage Vessels) for Which Construction, 

18. Subpart L - Secondary Lead Smelters. 

e 

24. Subpart Q - 

25. Subpart R - Prim 

26. Subpart S - Pri 

Superphosphate Storage Facilities. 

32. Subpart Y - Coal Preparation Plants. 

33. Subpart Z - Ferroalloy Production Facilities. 

0---- - - -- -- 

8/20/08 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 64 of 92 
36, Subpart BB - Kraft Pulp Mills. 

37, Subpart CC - Glass Manufacturing Plants. 

38, Subpart DD - Grain Elevators. 

Subpart GG - Stationary Gas Turbines. 

nd Light Duty Truck Surface Coating 

45. Subpart NN - P 

,RR - Pressure Sensitive 

, Subpart TT - Metal Coil Surface Coating. 

5 1. Subpart UU - Asphalt Processing and Asphalt Ro 

Manufacture. 

Chemicals Manufacturing Industry. 

53. Subpart WW - Beverage Can Surface Coating Industry. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 65 of 92 
from the Polymer Manufacturing Industry. 

59. Subpart GGG - Equipment Leaks of VOC in eum Refineries. 

(VOC) Emissions from 

Industry (SOCMI) 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

of VOC from Onshore Natural 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 66 of 92 

64. Subpart LLL - On ore Natural Gas Processing; SO2 Emissions. x 

Compound (VOC) Emissions 

Manufacturing Industry 

000 - Nonmetallic Processing Plants. 

67. @bpart PPP - Wool Fiberglass ~nshtion Manufacturing Plants. 

Subpart QQQ - VOC Emissions 

Wastewater Systems. 

69. Subpart RRR - Volatile Organic Compound ( 

From Synthetic Organic Chemical 

(SOCMI) Reactor Processes. 

70. Subpart SSS - Magnetic Tape Coating Facilities. 

7 1. Subpart TTT - Industrial Surface Coating: Surface Coating 

Plastic Parts for Business Machines. 

a 
Facilities. 

includes amendments adopted as of August 17, 1998. 

75. Subpart AAAA - Standards of Performance for S 

Waste Combustion Units for which Construction 

Subpart BBBB - Emission Guideline 

Small Municipal Waste Combustion 

Before August 30, 1999 

8 

7.2 General Provisio 

istrator" means the Directc 

ized to make decision 

ove alternate or equivalent test method 

ractices. If alternate or equivalent test 

B. From the general standards identified in subsection 7.1, delet 

Q 

8/20/08 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 67 of 92 
Arizona 85247. / 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

The Director is not delegated authority 

determinations or innovative technology waivers as 

1 1 1 (h)(3) and 11 1 (j) of the Act. If 

innovative technology waivers are requested, 

the Regional Administrator of the U.S. 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 68 of 92 

.O FEDERAL OUS AIR POLLUTANTS / I 8.1 National ~bssions Standards for Hazardous ~ifiollutants (NESHAPs). 

\ / 

A. No person actual of a major 

1. The major s rce in question as been specifically regulated or 

exempted fro regulation der a standard issued pursuant to 

Section 112(d), ction 2(h) or Section 112u) in 40 C.F.R. Part 

63, and the owner d perator has hlly complied with all 

procedures and req ments for preconstruction review 

established by th stan rd, including any applicable requirements 

set forth in X Sub art A of C.F.R. Part 63; or 

as provided in subsection 8.2, the followin 

, National Emission Standards for Hazardo 

ESHAPs), and all accompanying appendices, a 

nd no future additions or amendments, are 

e. These standards are on file with the G 

Environmental Quality and shall be applied by th 

event that the Gila River Indian Community Air 

contains a requirement that is more stringent tha 

requirement, the more stringent requirement shall apply. 

1. Subpart A - General Provisions. \ 
4. Subpart D - Beryllium Rocket Motor Firing. 

5. Subpart E - Mercury. 

6. Subpart F - Vinyl Chloride. 

- Elemental Phos 

ns from Coke By-Product Recovery 

12. Subpart M - A 

13. SubpartN - 

17. Subpart R - Radon Emissions from Phosphog 

20. Subpart W - Radon Emissions from Operating Mill Tqiling 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 69 of 92 
GRIC Code - Title 17, Chapter 9 Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

I \ 23. Subpart FF - Benzene Waste Operations. 

Revised 2008 Air Quality Ordinance 

Except as provided in subsection 8.2, the follo 

Part 63, NESHAPs for Source Categories, and 

appendices, adopted as of July 1,2006, and n 

amendments, are incorporated by reference. 

of Environmenta 

In the event that a Gila 

contains a requirement t 

the more stringent 

8/20/08 70 of 92 

I 1. ?4ybyrt A - General Provisions. 

Technology Determinations 

Clean Air Act Sections, 

3. Compliance Extensions for 

Early Reductio ardous Air Pollutants. 

Standards for Organic Hazardous 

Organic Chemical 

for Organic Hazardous 

Subpart H - National Emission Organic Hazardous 

Air Pollutants for Equipment Leaks. 

Subpart I - National Emission Standards for 

Air Pollutants for Certain Processes Subject 

Regulations for Equipment Leaks. 

8. Subpart J - National Emission Standards for 

Pollutants for Polyvinyl Chloride and 

I / 9. Subpart L - National Emission Standards for Coke Oven ~atkt ies. 

0 10. Subpart M - National Perchloroethylene Air Emission Standards 

3. 

8120108 

\ 
oline Distribution 

17. Subpart U - 

ards for Hazardous Air 

22. subpart BB - National Emission Standards for H 

Pollutants from Phosphate Fertilizers Production Pla 

23. Subpart CC - National Emission Standards for Hazardou 

Pollutants from Petroleum Refineries. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 71 of 92 
P 

\ LJ. 

Manufacturing Operations. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

\ 26. Subpart GG - National Emission Standards for Aerospace ' 

Manufacturing and Rework Facilities. 

27. Subpart HH - National Emission Standards for 

Pollutants from Oil and Natural Gas 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 72 of 92 

Subpart I1 - National Emission Standards 

Ship Repair (Surface Coating) 

JJ - National Emission for Wood Furniture 

anufacturing Operations. 

for Printing and 

for Hazardous Air 

Reduction Plants. 

Standards for Hazardous Air 

Source at Kraft, 

Pulp Mills 

for Tanks B Level 1. 

Subpart RR - National Emission Standar 

Systems. 

37. Subpart SS - National Emission Standards for 

Systems, Control Devices, Recovery Devices 

Fuel Gas System or a Process 

38. Subpart TT - National Emission Standards for 

Control Level 1 

/ 39, Subpart UU - National Emission Standards for Equipment ~eak\ 
~n 

0. 

Separators and Organic-Water Separators. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

\ 41. Subpart WW - National Emission Standards for Storage Ve els 

(Tanks)Aontrol Level 2 P 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 73 of 92 

\ 42. Subpart XX - National Emission Standards 

Manufacturing Process Units: Heat 

Operations 

P Subpart YY - National Emission Hazardous Air 

Pollutants for Source Categories: Achievable 

Control Technology Standards 

/ 50. Subpart JJJ - National Emission Standards 

Pollutant Emissions: Group IV Polymers 

5 1. Subpart LLL - National Emission Standards for H 

Pollutants from the Portland Cement 

for Hazardous Air 

for Hazardous Air 

46. Subpart EEE Emission Standards for Hazardous Air 

Waste Combustors. 

Standards for Pharmaceuticals 

Hazardous Air 

Storage Facilities 

Subpart 111 - National Emission Hazardous Air 

Pollutants for Flexible 

52. Subpart MMM - National Emission Standards for 

Pollutants for Pesticide Active Ingredient Production 

53. Subpart NNN - National Emission Standards for Hazardous Air '\ 
. r A 

Pollutant Emissions: Manufacture of Amino/Phenolic Resins 

55. Subpart PPP - National Emission Standards for Hazardous 

Pollutants for Polyether Polyols Production 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

\ 56. Subpart QQQ - National Emission Standards for Haza ous Air 

Pollutants for Primary Copper Smelting P 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 74 of 92 

Subpart RRR - National Emissions 

Pollutants for Secondary 

Subpart TTT-- National Emission Standa s for Hazardous Air 

Pollutants for Primary Lead Smelting P 

for Hazardous Air 

60. Subpart Standards for Hazardous Air 

6 1. Subpart XXX - nal Emission Standards for Hazardous Air 

Production: Ferromanganese and 

Silicomangane 

for Hazardous Air 

for Hazardous Air 

Subpart DDDD - National Emission for Hazardous Air 

Pollutants: Plywood and Composite 

Subpart EEEE - National Emission 

Pollutants: Organic Liquids 

66. Subpart FFFF -National Emission Standards for H 

Pollutants: Miscellaneous Organic Chemical 

Pollutants: Solvent Extraction for Vegetable Oil Producti 
70. Subpart JJJJ - National Emission Standards for Hazardous 

Pollutants: Paper and Other Web Coating 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

I \ 7 1. Subpart KKKK - National Emission Standards for H ardous Air 

Pollutants: Surface Coating of Metal Cans 4 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 75 of 92 

Subpart MMMM - National Emission 

Pollutants for Surface Coating of 

Products 

Subpart NNNN - National for Hazardous Air 

74. ~uhpart 0000 - National mido on Standards for Hazardous Air 

Poll nts: Printing, Coating nd Dyeing of Fabrics and Other 

Text\ /" 

75. Subpart Emission Standards for Hazardous Air 

of Plastic Parts and Products 

Standards for Hazardous Air 

of Wood Building Products 

for Hazardous Air 

for Hazardous Air 

for Hazardous Air 

80. Subpart UUUU - National Emission 

Pollutants for Cellulose Products 

8 1. Subpart VVVV - National Emission Standards for 

Pollutants for Boat Manufacturing 

I / 82. Subpart WWWW - National Emission Standards for 

Air Pollutants: Reinforced Plastic Composites Production 

83. Subpart XXXX - National Emission Standards for Hazardous 
Pollutants for Stationary Reciprocating Internal Comb 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

\ 86. Subpart AAAAA - National Emission Standards f Hazardous Air 

Pollutants for Lime Manufacturing Plants 4 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 76 of 92 

P Subpart BBBBB - National Emission for Hazardous Air 

Pollutants for semiconductor 

for Hazardous Air 

90. Subpart Emission Standards for Hazardous Air 

91. Subpart FFF - Natio 1 Emission Standards for Hazardous Air 

Pollutants or P Integrated on and Steel Manufacturing Facilities "e, 

for Hazardous Air 

Pol tants: Site Remediation 

for Hazardous Air 

Subpart 11111 - National Emission ~tandardQor Hazardous Air I 

Pollutants: Mercury Emissions from 

Plants 

Subpart JJJJJ - National Emission Standards for H 

Pollutants for Brick and Structural Clay Products 

Subpart KKKKK - National Emission Standards for 

Pollutants for Clay Ceramics Manufacturing 

Subpart LLLLL - National Emission Standards for Hazardous A 
\ 99. Subpart NNNNN - National Emission Standards for Hazard 

Pollutants: Hydrochloric Acid Production 7 Ail 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

I \ 100. Subpart PPPPP - National Emission Standards 

Pollutants for Engine Test Cells/Stands 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8/20/08 77 of 92 

Subpart QQQQQ - National Emission 

Pollutants for Friction Materials 

Subpart RRRRR - National dards for Hazardous Air 

Pollutants: Taconite Iron 

for Hazardous Air 

8.2 General Provisions. v 

or" means the Director 

the general standards identified in 

5 61.04. All requests, reports, 

communications to the 

to the Gila River 

Quality, 35 Pima 

notifications and 

61 or 63 that 

C. The Director shall not be delegated authority to deal with equivalen 

determinations that are nontransferable through Section 1 12(e)(3) o I r 

flL.1. 
9.0 STACK HEIGHT LIMITATION 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

A. The limitations set forth herein shall not apply to stacks or dispersion 

techniques used by the owner or operator prior to December 3 1, 1970, for 

which the owner or operator had: 

Gila River Indian Community Air Quality 

Management Program 

Part TI. Permit Requirements 

8120108 78 of 92 

1. Begun, or caused to begin, a continuous program of physical on 

site construction of the stack; 

2. Entered into building agreements or contractual obligations, which 

could not be cancelled or modified without substantial loss to the 

owner or operator, to undertake a program of construction of the 

stack to be completed in a reasonable time; or 

3. Coal-fired steam electric generating units, subject to the provisions 

of Section 11 8 of the Act which commenced operation before July 

1, 1975, with stacks constructed under a construction contract 

awarded before February 8, 1974. 

B. Good engineering practice (GEP) Stack height is calculated as the greater 

of the following four (4) numbers in subsections (I) through (4): 

1. 213.25 feet (65 meters); 

2. For stacks in existence on January 12, 1979, and for which the 

owner or operator had obtained all applicable preconstruction 

permits or approvals required under 40 C.F.R. Parts 5 1 and 52, Hg 

= 2.5H; 

3. For all other stacks, Hg = H + I .5L, where Hg = good engineering 

practice stack height, measured from the ground-level elevation at 

the base of the stack; 

H = height of nearby structure measured from the ground-level 

elevation at the base of the stack; 

L = lesser dimension (height or projected width) of nearby 

structure; provided that the EPA or the Director may require the 

use of a field study or fluid model to verify GEP stack height for 

the source; or 

4. The height demonstrated by a fluid model or a field study 

approved by the reviewing agency, which ensures that the 

emissions from a stack do not result in atmospheric downwash, 

wakes, or eddy effects created by the source itself, nearby 

structures, or nearby terrain obstacles; 
5. For a specific structure or terrain feature, "nearby" shall be: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

a. For purposes of applying the formulae in paragraphs (B)(2) 

and (3) of this section, that distance up to five (5) times the 

lesser of the height or the width dimension of a structure 

but not greater than 0.8 km (112 mile); 

Gila River Indian Community Air Quality 

Management Program 

Part 11. Permit Requirements 

8120108 79 of 92 

b. For conducting demonstrations under paragraph (B)(4) of 

this section, a distance not greater than 0.8 krn (112 mile). 

An exception is that the portion of a terrain feature may be 

considered to be nearby which falls within a distance of up 

to ten (10) times the maximum height (H+) of the feature, 

not to exceed two (2) miles if such feature achieved a 

height (H+) 0.8 km from the stack. The height shall be at 

least forty (40) percent of the GEP stack height determined 

by the formula provided in paragraph (B)(3), or eighty-five 

(85) feet (26 meters), whichever is greater, as measured 

from the ground-level elevation at the base of the stack. 

6. "Excessive concentrations" means, for the purpose of determining 

good engineering practice stack height under paragraph (B)(4) of 

this section: 

a. For sources seeking credit for stack height exceeding that 

established under paragraphs (B)(2) and (3) of this section, 

a maximum ground-level concentration due to emissions 

from a stack due in whole or in part to downwash, wakes, 

and eddy effects produced by nearby structures or nearby 

terrain features which individually is at least forty (40) 

percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or 

eddy effects and which contributes to a total concentration 

due to emissions from all sources that is greater than an 

ambient air quality standard. For sources subject to the 

requirements for permits or permit revisions under this Part 

11, an excessive concentration alternatively means a 

maximum ground-level concentration due to emissions 

from a stack due in whole or part to downwash, wakes, or 

eddy effects produced by nearby structures or nearby 

terrain features which individually is at least forty (40) 

percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or 

eddy effects. The allowable emission rate to be used in 

making demonstrations under paragraph (B)(4) of this 

section shall be prescribed by the new source performance 
standard which is applicable to the source category unless 

the owner or operator demonstrates that this emission rate 

is infeasible. Where such demonstrations are approved by 

the Director, an alternative emission rate shall be 

established in consultation with the source owner or 

operator; 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

b. For sources seeking credit after October 11, 1983, for 

increases in existing stack heights up to the heights 

established under paragraphs (B)(2) and (3) of this section, 

either: 

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(1) A maximum ground-level concentration due in 

whole or in part to downwash, wakes, or eddy 

effects as provided in paragraph (B)(6)(a) of this 

section, except that emission rate specified by any 

applicable Air Quality Management Program 

requirement shall be used; or 

(2) The actual presence of a local nuisance caused by 

the existing stack, as determined by the Director. 

c. For sources seeking credit after January 12, 1979, for a 

stack height determined under paragraphs (B)(2) and (3) of 

this section, where the Director requires the use of a field 

study or fluid model to verifL GEP stack height, for sources 

seeking stack height credit after November 9, 1984, based 

on the aerodynamic influence of cooling towers, and for 

sources seeking stack height credit after December 3 1, 

1970, based on the aerodynamic influence of structures not 

adequately represented by the equations in paragraphs 

(B)(2) and (3) of this section, a maximum ground-level 

concentration due in whole or in part to downwash, wakes, 

or eddy effects that is at least forty (40) percent in excess of 

the maximum concentration experienced in the absence of 

such downwash, wakes, or eddy effects. 

C. The degree of emission limitation required of any source after the 

respective date given in paragraph A of this section for control of any 

pollutant shall not be affected by so much of any sources stack height that 

exceeds good engineering practice or by any other dispersion technique. 

D. The good engineering practice (GEP) stack height for any source seeking 

credit because of plume impaction which results in concentrations in 

violation of national ambient air quality standards can be adjusted by 
determining the stack height necessary to predict the same maximum air 

pollutant concentration on any elevated terrain feature as the maximum 

concentration associated with the emission limit which results from 

modeling the source using the GEP stack height as determined herein and 

assuming the elevated terrain features to be equal in elevation to the GEP 

stack height. If this adjusted GEP stack height is greater than the source 

proposes to use, the source's emission limitation and air quality impact 

shalt be determined using the proposed stack height and the actual terrain 

heights. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

E. Before the Director issues a permit or permit revision under this Part to a 

source based on a good engineering practice stack height that exceeds the 

height allowed by paragraph B of this section, the Director shall notify the 

public of the availability of the demonstration study and provide 

opportunity for a public hearing in accordance with the requirements of 

this Part 11. 

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m 

10.0 CONFIDENTIALITY OF INFORMATION 

10.1 Confidentiality of Records. 

A. Public Information. Any records, reports or information obtained from 

any person under this chapter, including reports or information obtained or 

prepared by the Gila River Indian Community Department of 

Environmental Quality, shall be available to the public, except that the 

information or any part of the information shall be considered confidential 

upon the showing of either of the following: 

1. A showing, satisfactory to the Director of the Department of 

Environmental Quality, by any person that the information or a 

part of the information if made public would divulge the trade 

secrets of the person. 

2. A determination by the GRIC attorney that the disclosure of the 

information or a particular part of the information would be 

detrimental to an ongoing criminal investigation or to an ongoing 

or contemplated civil enforcement action under this Ordinance in 

Tribal Court. 

B. Notice of Confidentiality 

1. A notice of confidentiality submitted pursuant to paragraph (A)(l) 

of this section shall: 
a. Precisely identify the information in the documents 

submitted which is considered confidential. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

b. Contain sufficient supporting information to allow the 

Director to evaluate whether such information satisfies the 

requirements related to trade secrets or, if applicable, how 

the information, if disclosed, is likely to cause substantial 

harm to the person's competitive position. 

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2. Within thirty (30) days of receipt of a notice of confidentiality that 

complies with paragraph A of this section, the Director shall make 

a determination as to whether the information satisfies the 

requirements for trade secret or competitive position pursuant to 

paragraph (A)(l) and so notify the applicant in writing. If the 

Director agrees with the applicant that the information covered by 

the notice of confidentiality satisfies the requirements in paragraph 

(A) (I), the Director shall include a notice in the file for the permit 

or permit application that certain information has been considered 

confidential. The Director's determination of confidentiality shall 

be final and not appealable. 

Additional Information Available to the Public. 

1. Notwithstanding paragraphs (A)(l) and (2) of this section, the 

following information shall be available to the public: 

a. The name and address of any permit applicant or permittee. 

b. The chemical constituents, concentrations and amounts of 

any emission of any air contaminant. 

c. The existence or level of concentration of an air pollutant in 

the environment. 

2. Notwithstanding paragraph A of this section, the Director may 

disclose, with an accompanying confidentiality notice, any 

records, reports or information obtained by the Director or the 

Department of Environmental Quality to: 

a. Other Community employees concerned with administering 

this section or if the records, reports or information is 

relevant to any administrative or judicial proceeding under 

this Part. 

b. Employees of the United States Environmental Protection 

Agency if the information is necessary or required to 
administer and implement or comply with federal statutes 

or regulations. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1 1.0 PERMIT FEES 

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11.1 A~~licabilitv. Every person owningloperating equipment or engaged in 

activities that may cause or contribute to air pollution is subject to the 

prescribed fees in this ordinance. 

Exemptions: Tribal entities as defined in Part 11, Section 1 .O, shall be exempt 

from paying the non-Title V permit fee required by this section. This exemption 

does not apply to Title V permit fees nor does it relieve a "Tribal Entity" from 

complying with any requirement otherwise applicable to sources under this Part 

or Parts 111, IV or V. 

11.2 Definitions. In addition to the definitions set forth in Part 11, Section 1 .O, the 

following definitions shall apply: 

"Annual Administrative Fee" means a fee paid annually by the source to 

recover the average cost of services required to administer the permit and conduct 

inspections. 

"Billable Permit Action" means the review, issuance or denial of a new permit, 

significant permit revisions, or minor permit revisions, or the renewal of an 

existing permit. 

"Itemized Invoice" means a breakdown of the permit processing time into the 

categories of pre-application activities, completeness review, substantive 

(technical) review, and public involvement activities, and within each category, a 

further breakdown by employee title. 

11.3 Permit Fee Standards. 
Act. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

\ Fees for Billable Permit Actions. The 

V source shall pay $66.00 

accordance with 

required for a billable permit 

follows: 

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A complete application with the 

application fee listed in 

\ , Table - 1 .. .1 I / 

I T&f Title V ~pplicaticpf I Application Fee 

New permit application\ $7,000 

Significant permit revisio $7,000 

major modification 

Other significant permit revi~io~~lications $1,000 

Minor permit revision applicatiA $150 

Permit renewal application / $3,500 

application, the Director 

fees based on the cost to 

application, minus all 

c. When permit processing is 

indicate the total 

the application, 

balance due. 

The maximum fee for processing permit 

in subsection 1 1.3(A)(I) is $40,000. For 

revision, the maximum permit processing fee shall 

$10,000. 

e. The Director shall not issue a permit or permit revision 
based fee or a fee at a rate sufficient to cover all reasonable 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

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Management Program 

Part 11. Permit Requirements 

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B. Non-Title V Permit Fees. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. Applicability. The owner or operator of a source required to have 

a non-Title V permit under Part 11, Section 4.0 shall pay fees 

according to the following provisions. 

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2. Fees for Billable Permit Actions. Except for the renewal of an 

existing permit, the owner or operator of a non-Title V source 

listed in Table A or Table B of Appendix A shall pay to the 

Director $66.00 per hour, adjusted annually under subsection 11.8 

of this Part, for all permit processing time required for a billable 

permit action. The owner or operator of a non-Title V source 

listed in Table C, D, or E of Appendix A shall pay the applicable 

fees from the table below for a billable permit action. The fee shall 

be paid as follows: 

a. An application shall be submitted with the applicable fee 

from Table 1.3 below. 

Table - -. - . - 1.3 . . - 

1 Type of Non-Title V Application Application Fee I I New Permit ADDli~ati0n I $350 I 

I Non-minor ~ermit revision a~~lication I $350 I 

b. At any time after the submittal of an application for a 

facility listed in Table A or Table B, the Director may 

request an additional application fee based on the cost to 

date of reviewing and acting on the application, minus all 

fees previously submitted for the application. 

Minor permit revision application 

Permit renewal application 

c. When permit processing is completed for a facility listed in 

Table A or Table B and final costs are greater than the fee 

submitted with the application under subsection 1 1.3(B)(l) 

above, the Director shall send an itemized invoice. The 

invoice shall indicate the total cost of reviewing and acting 

upon the application, all fees previously submitted, and the 

balance due. 

$150 

Not required 
d. The maximum fee for processing permit applications listed 

in subsection 11.3(B) is $25,000. For a minor permit 

revision, the maximum permit processing fee shall not 

exceed $10,000. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

e. The Director shall not issue a permit or permit revision 

until the balance due on the itemized invoice is paid in full. 

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3. Annual Administrative Fee. 

a. The owner or operator of an existing non-Title V source 

shall pay the applicable annual administrative fee from 

Table 1.4 below, as adjusted annually under Section 1 1.8. 

The annual administrative fee covers the cost of renewing a 

non-Title V permit. The fee is due on the first anniversary 

date of the initial permit covering construction and startup 

of operations and annually thereafter on that date. 

Table 1.4 

< " , Mony?*ittqhX~,Tvpo , , , A~MV~ pm , ad ' p< >, z",. 

Source listed in Table A ( $3,100 

11.4 Calculation and Pavment Of Emission Fees. 

sourcelisted in Table B 

Sources listed in Table C 

Sources listed in Tables D and E 

For purposes of Section 11 .O, actual emissions means the actual quantity of 

regulated pollutants emitted, including fugitive emissions, over the calendar year 

ending immediately prior to the date on which the annual fee is calculated, or any 

other period determined by the Director to be representative of normal source 

operations, determined as follows: 

$1,300 

$360 

$200 

A. Emissions quantities reported pursuant to Section 3.0 and 4.0 of Part 11, 

GRIC Permit Requirements, or pursuant to a Department approved 

emissions inventory, shall be used for purposes of calculating the permit 

fees. 

B. Actual emissions shall be determined for each source on the basis of actual 

operating hours, production rates, in-place process control equipment, 

operational process control data, and types of materials processed, stored, 

or combusted. 
D. The following emissions of regulated pollutants shall be excluded from a 

source's actual emissions for purposes of setting fees: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

1. Emissions of a regulated pollutant from the source in excess of 

4,000 tons per year. 

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Management Program 

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2. Emissions of any regulated pollutant that is already included in the 

fee calculation for the source, such as a federally listed hazardous 

air pollutant that is already accounted for as a VOC or as PMlo. 

3. Carbon monoxide. 

4. Any pollutant that is a regulated pollutant solely because it is a 

Class I or I1 substance subject to a standard promulgated under 

Title VI of the Act. 

5. Any pollutant that is a regulated air pollutant solely because it is 

subject to a standard under Section 112(r) of the Act. 

6. Emissions from insignificant activities excluded from the permit 

for the source. 

11.5 Permit Fee Accounts. 

Permit fees received shall be deposited in separate expenditure accounts for Title V and 

non-Title V permits, respectively. Money in the accounts shall only be spent to 

administer and enforce the program for Title V and non-Title V permits separately. 

11.6 Accelerated Application process in^ Fee. 

An applicant for a Wnon-Title V permit or any revisions to such permits may 

request that the Director provide accelerated processing of the application by providing 

the Director written notice sixty (60) days in advance of filing the application. Any such 

request shall be accompanied by the standard application fees as described in this section 

plus an additional fifty (50) percent surcharge, which shall be nonrefundable if the 

Director decides to provide the accelerated processing as described below: 

A. When an applicant has requested accelerated permit processing, the 

Director may request an additional surcharge fee based on the estimated 

cost of accelerating the processing of the application, or, to the extent 

practicable, may seek to process the permit or permit revision in 

accordance with the following schedule: 
1. For applications for -non-Title V permits or 

significant permit revisions, final action on the permit or permit 

revision shall be taken within one hundred twenty (120) days after 

receiving notice that the application is complete. 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

2. For minor permit revisions, final action on the permit shall be 

taken within sixty (60) days after receiving an application. 

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B. Before issuing a permit or approving a permit revision pursuant to this 

section, the applicant shall pay to the Department all permit processing 

and other fees due, and in addition, the difference between the actual cost 

of accelerating the permit application and the fifty (50) percent surcharge 

submitted. Nothing in this section shall affect the public participation 

requirements contained in subsection 4.6, GRIC Permit Requirements. 

C. None of the surcharges for accelerated permit processing shall be applied 

toward the applicable maximum permit fee. 

11.7 Earthmovin~ Permit Fee. 

A person applying for an Earthmoving Permit shall pay a project fee as set forth in the 

following fee schedule, based on the total surface area that is disturbed: 

Total Surface Area Disturbed 

1 acre to 10 acres 

10 acres or greater 

$75.00 

$36.00 per acre plus $1 10.00 

Example: 10 acres = 10 x $36.00 + $1 10 = $470 

11.8 Annual Fee Adiustment. 

A. The Director shall annually review the Department's cost accounting and 

make changes as required to assure continued compliance with Title V fee 

requirements. 

B. In the event that prior to January 1 of any year the Director does not revise 

the fees or hourly rates set or referenced by this ordinance on the basis of 

the preceding cost accounting, then those fees and rates shall be 

automatically adjusted as of that January to reflect the increase, if any, by 

which the Consumer Price Index for the most recent year exceeds the 

Consumer Price Index for the previous year. The Consumer Price Index 

for any year is the average of the Consumer Price Index for all-urban 

consumers, published by the U.S. Department of Labor, as of the close of 

the twelve (12) month period ending on August 3 1 of each year. 

11.9 Late Fees. 

8120108 
The Director shall assess the following fees in addition to all other applicable fees: 

GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

A. -on-Title V Permit Fees. An applicant for a required permit 

for a source that has been constructed without such permit and who has 

received a Notice of Violation shall pay a late fee of $70.00. 

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Management Program 

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8120108 90 of 92 

B. Earth Moving Permit Fees. Any person who is conducting earthmoving 

activity without an Earth Moving Permit and has received a Notice of 

Violation for operating the earth moving equipment without an Earth 

Moving Permit shall pay a late fee of $70.00. 

C. Delinquency Fee. An applicant or permittee who fails to pay any required 

fee(s) by thirty (30) days after invoice due date shall pay a delinquency fee 

of $35.00 or a delinquency fee of $70.00 if delinquent over sixty (60) days 

from the invoice due date. Applicants and permittees will be notified by 

mail of any permit delinquency fees that are due and payable. 

Appendix A 

I Solid Waste Landfill 
GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

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Management Program 

Part 11. Permit Requirements 

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GRIC Code - Title 17, Chapter 9 

Revised 2008 Air Quality Ordinance 

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Management Program 

Part 11. Permit Requirements 

8120108 92 of 92