### 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 

### Schedulefor 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 

### ChangesthatDo Not Require a PermitRevision ata Non-TitleV Source 5.3 

### Annual Summary PermitAmendments forNon-Title V 

### Sources 5.4 

### Requirements for a Minor PermitRevision forChangesata 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 Specificationsfor Monitoring Equipment Gila River Indian 

### Community Air Quality 

### Management Program 

### Part 11. Permit 

### Requirements 8120108 

### 1 of 926.5 Minimum Data Requirement 6.6 Data Reduction

ous Air Pollutants 9.0 Stack Height Limitation 10.0 Confidentiality of Information 10.1 Confidentiality ofRecords 11.0 Permit Fees 11.1 Applicability 11.2 Definitions 11.3 Permit Fee Standards 11.4 Calculation and Payment ofEmission Fees 11.5 Permit Fee Accounts 11.6 Accelerated Application Processing Fee 11.7 Earthmoving Permit Fee 11.8 Annual Fee Adjustment 11.9 Late Fees 

### GRIC Code -

### Title 17, Chapter 

### 9
Revised 2008 Air Quality Ordinance

1.0 DEFINITIONS 

### Gila River Indian CommunityAir Quality Management Program Part 11. 

### Permit Requirements 8/20/08 2 

### of 92

"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 emissionsof a pollutant from an emissions unit as determined in accordancewith the following: A. 

### In general, actual emissions as ofa 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 precedesthe particular date and which is representative ofnormal source operation. The Director may allow the use of a different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operatinghours, production rates, and types of materials processed, stored, or combusted during the selected time period. B. 

### If there is inadequateinformation to determine actual historical emissions, the Director may presume that source-specific allowable emissions for the unit are equivalentto 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 ofthe United States Environmental Protection Agency ("EPA"). Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 

### 3 of 92

A. 

### Whose arr ay be affected and that guous tothe Gila River it modification orpermit


### 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, 8/20/08carbon, 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. Gila River Indian Community Air Quality Management Program ' Part 11. Permit Requirements 8120108 4 of 92

"Allowable emissions"means the emission rate of

### a source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent ofthe 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 ofthe 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 ofthe Act that implements the relevant requirements ofthe Act, including any revisions tothat 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, ofthe Act; C. Any standard or other requirement under Section 1I 

### I ofthe Act, including Section 111(d); D. Any standard or other requirement under Section 112ofthe Act, including any requirement concerning accident prevention under Section 112 (r)(7) ofthe Act;

### F. Any requirements established pursuant to Section 504(b) or Section 114(a)(3) ofthe Act; GRIC Code -Title 17, Chapter 9

Revised 2008 Air Quality Ordinance

G. Any standard or other requirement governing solid waste incineration, under Section 129ofthe Act; Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 5 of 92



### H. Any standard or other requirement for consumer and commercial products, under Section 183(e)ofthe Act; 

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



### K. Any standard or other requirement ofthe regulations promulgated to protect stratospheric ozone under Title VI ofthe 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 ofphysical on-site construction activities on an emission unit which are of a permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in the method ofoperation this term refers to those on-site activities other than preparatory activities that mark the initiation ofthe 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 ofthe 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 aswell asthe 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 8/20/08emission 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 ofthis Part.

GRIC Code -Title 17,Chapter 9

Revised 2008 Air Quality Ordinance

"Building, structure, facility, or installation"means all ofthe 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 ofany vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping ifthey belong to the sameMajor Group (i.e. which have the same two-digit code) as described in the StandardIndustrial ClassiJicationManual, 1972,as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4 101-0066 and 003-005-00176-0, respectively). Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 6 of 92

"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 Part 11. Permit Requirements 8120108 7 of 92



### 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 111 or Section 1 12 ofthe Act or for which the Administrator has made an afirmative determination by rule pursuant to Section 3010) ofthe 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 ofthe 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 changein actual emissions. "Criteria pollutant" means nitrogen oxides, volatile organic compounds, particulatematter, 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 ofEnvironmental Quality ("DEQ). Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 8 of 92

"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 ofthe 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 continuousbasis, 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 limitationsand conditions which are enforceatileby 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-approvedprogram 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 8120108 

### 9 of 92

"Hazardousair pollutant"or 

### "HAP"means an air pollutant listed ashazardous pursuant to Section 112ofthe 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

8/20/08fthe engine is prescribedby 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. Gila River Indian CommunityAir Quality Management Program Part 11. Permit Requirements 8120108 10of 92

in the aggregate,including hgitive emissions, ten (10) sser quantity as the

on or production well
t be aggregated with emissionsfrom under common whether such units or stations are

### 6. Primary aluminum ore reduction plants; 7. Primary copper smelters; (50) tons ofrefise 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) ofthe Act. GRIC Code -Title 

### 17,Chapter 

### 9

Revised 2008 Air Quality Ordinance Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 11 of 92ear 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 ofnitrogen 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 Part 11. Permit Requirements 8120108 12of 92

"Maximum Achievable Control Technology" or "MACT" means any measure, process, method, system ortechnique applied to a stationary source under Sections 112(d),(f) or 

# a (h) ofthe 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 stringentthan the control of emissions that is achieved in practiceby 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). Gila River Indian Community Air Quality ManagementProgram Part 11. Permit Requirements 8120108 13of92

"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 potentialto emit of any air pollutant subjectto 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 subjectto regulation under this Ordinance."Permit authority"means either ofthe following: GRIC Code -Title 

### 17, Chapter 9

Revised 2008 Air Quality Ordinance

A. The Administrator, in the case of EPA-implemented programs; or Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 14 of 92



### 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 ofthe foregoing. "Portable source"means any building, structure, facility or installation which emits or may emit any air pollutant and is capable ofbeing 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 ofoperation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation orthe 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 ofthe following:A. Any criteria air pollutant. GRIC Code -Title 

### 17,Chapter 

### 9

Revised 2008 

### Air Quality Ordinance

B. Any air contaminant that is subjectto a new source performance standard. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 

### 15 of92

C. Any hazardous or ultrahazardous air pollutant. 

### D. Any Class 

### I or 11 substance listed in Section 602 ofthe 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 ofthe following: A. For a corporation: a president, secretary, treasurer, or vice-president ofthe 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 ifthe 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 orthe proprietor, respectively; C. For a Community or Federal agency: Either a principal executive officer or ranking elected official. For the purposes ofthis Part, a principalexecutive officer of a Federal agency includesthe chief executive officer having responsibility for the overall operations of a principal geographic unit ofthe agency (e.g., a Regional AdministratorofEPA); 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 8120108 

### 16 of 92

1. The designated representativein so far as actions, standards, requirements, or prohibitions under Title IV ofthe Act or the regulationspromulgatedthereunder are concerned; and 2. The designated representativefor any other purposes under Part 

### 70. "Secondary emissions"means emissionswhich 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 ofthis 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 emissionsfrom any offsite support facility which would not be constructedor increase its emissionsexcept as a result ofthe construction or operation ofthe-ationary source or ~odification. Secondary emissions do not include any emissionswhich 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

8/20/08gulated 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 17of92

"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 8/20/084.2(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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 18of 92

"Trade secret" means informationto 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 legitimatemeans, other than discovery based on a showing of special need in ajudicial 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 ofthe information is likelyto cause substantialharm 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 ofthe 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 ofcarbon, 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- 114); 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-141 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 completelymethylated 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-161); 

### 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-31); 1 

### chloro-1

### -fluoroethane (HCFC-I 

### 5la); 1,2-dichloro-1,l,2-trifluoroethane (HCFC-123a); 

### 1,1,1,2,2,3,3,4,4-nonafluoro-4- methoxy-butane (C4F90CH3or 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(C4F90C2HSor 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-C3F7OCH3, 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 compoundswhich 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 CommunityAir 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 containingperfluorocarbons with no unsaturationsand with sulfur bonds only to carbon and fluorine. B. 

### For purposes of determining compliancewith emissionslimits, VOC will be measured by the test methods in 40 CFR Part 60, AppendixA, as applicable. Where such a method also measures compoundswith negligiblephotochemical reactivity, these negligibility-reactive compoundsmay be excluded as VOC if the amount of such compoundsis accurately quantified, and such exclusion is approved by the enforcement authority. C. As a precondition to excluding these compoundsas 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

### satisfactionof the enforcement authority, the amount ofnegligiblyreactive 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 reportingphotochemical dispersionmodeling and inventory requirements which applyto VOC and shallbe uniquely identified in emission reports,but are not VOC for purposes ofVOC emission limitationsor VOC content requirements: t-butyl acetate. Gila River Indian Community Air Quality Management Program Part 

### 11. Permit Requirements 8/20/08 20 of 92



### 2.0 APPLICABILITY OF PERMIT REQUIREMENTS 2.1 Permits Required. Except as otherwise provided in these parts, no person shallbegin actual construction of, continue to operate, or make a modification to any source subject toregulation under these parts without complyingwith 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 shallbe required for a person to commence construction of, to operate, or to modify any ofthe following: 

### 1. Any source otherthan a major source, including an area source, subjectto a standard, limitation, or other requirement under Section 

### 111

### of the Act; 2. Any source otherthan a major source of HAPS,including an area source, subjectto 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 sourceis otherwise exempt under the provisions of subsection2.1(C) ofthis Part.

### De Minimis Exemption: 

### De minimis facilitiesare 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 ofthe following: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 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 ofthree 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 subjectto 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; Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 22 of 92

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 enginesthat, 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) Lessthan 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 23 of 92

Miscellaneous: (1) Diesel contaminated soil remediation projects, where no heat is applied; (2) Self-contained,enclosed blast and shot peen equipmentwherethe total internal volume ofthe 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 ofvaporlmist 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 

### sourcewhose 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 -this Part 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 24 of 92

B. Existing sources requiring a non-Title V permit shall submit an application for a permit within one hundred twenty (120)days of receipt ofwritten 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 (180)days prior to the date the source owner or operator proposes to commence construction of the source. A new non-Title V source not subjectto the BRDT requirements shall submit an application for a permit at least one hundred twenty 

### (I20)days prior to the date the source owner or operator proposes to commence construction of the source.

A. Timely app
ordance with the 

# ac. 

# \ Director that ensures that the term ofthe permit will not expire prior to a permit decision. In no event shall this time be great than eighteen (18) months. GRIC Code -Title 

### 17,Chapter 9



### Revised 2008 Air Quality 

### Ordinance

Complete Application. A complete application is one that the following: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 25 of 92

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 ofthis Part, the permitting source to submit a copy of suchGRIC Code -Title 17, Chapter 9 Gila River Indian Community Air Quality ManagementProgram Part 11. Permit Requirements 

### Revised 2008 

### Air Quality Ordinance 

### 8/20/08 26 of 92

k.3 

### Standard AnnlicntionForm 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 specifiedbelow: 

# b\7' companyname and address (or from the company name), number and names ofplar
and products (by Standard

any associatedwith an
The following emission-related 

# / a. All emissions of pollutants for and all emissions of regulated any emissions unit, except b. Identificationand description

### of all described in paragraph (C)(3)(a) of sufficientdetail to establishthe applicabilityofrequirementsofthe Act.
c. Emissions rate in tons per year and in such terms as necessary to establish compliance consistentwith 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 applicablerequirements.

r reference to any applicable test method compliancewith 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 

### Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 27 of 92which 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 Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 28 of92 

# \ (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 requirementsspecified ' 

### paragraph shall apply and be included in the acid r n portion of a complianceplan for an affected sou e, except as specifically superseded by regulationspro lgated under Title IV of the Act with regard to the chedule and method(s) the sourcewill use to achieve mpliance with the acid rain emissions limitations. GRIC Code -

### Title 17,Chapter 9

Revised 2008 Air Quality Ordinance



### Requirementsfor the compliance following: Gila River Indian Community Air Quality Management Program Part 11. 

### Permit Requirements 8120108 29 of 92

all applicable consistentwith

114(a)(3)ofthe Act used for determiningcompliance,

monitoring, recordkeeping, and

no less frequently if specified by the or by the permitting
A 

### statement indicating compliance statuswith any applicable and compliance
The use ofnationally-standardized form for acid rain portions of permit applicationsand complianceplans, s required by regulationspromulgated under Title IV 

# k
ofth Act. Certification ofTruth, Accuracy and Com~leteness. 

### report, or compliance certification submitted pursuant to certification by a responsible official of truth, accuracy, This certification and any other certificationrequired state that, based on information and belief formed statements and information in the document are 

# a 3.5 Permit Content. 

### The permit content shallbe 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 ofthe new major source or



## . . major modification from the Administrator 

## fi

... §+%Whr52.2

### 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 ofhazardous 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 30 of 92

4.0 NON-TITLE V PERMIT REQUIREMENTS. 4.1 Non-Title V Permit Cate~ories. The owner or operator ofeach source of air contaminants to which this Part applies shall be subject to one ofthe 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. Sourcesthat obtain an individual permit shall be subject to the following standards: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 31 of 92

1. Any new non-Title 

### V source not identified in paragraph A.2 ofthis Section 4.2 shall comply with source category specificemission limits and the other requirements applicable to an existingnonTitle V source in paragraph (3) of this section. 

### 2. Any new non-Title V sourcethat has the potential to emit equal to or greater than any of the following amounts shall be subject to a case-by-caseBRDT determination for the pollutant that exceeds the threshold amount prior to commencing the constructionof

### 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. Threehundred (300) poundsper year of any single or any combination of ultrahazardousair pollutants. 3. For existingnon-Title 

### V sources:
a. Emission limitationsand standards including those operational requirementsand limitationsthat assure compliance with all applicable requirementsin effect at the time of permit issuance. b. Monitoring and related recordkeeping and reporting requirements.
c. A modification that results in a change in emissionsthat is described in subsection 5.1(A)(6), (7) or 

### (8) ofthis Part shall constitute a major modification subject to the requirements of subsection4.2(B). 

### d. The other permit requirementsprescribed 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 ofthe source shall demonstrate the followingto the Director: Gila River Indian CommunityAir Quality Management Program Part 11. Permit Requirements 

### 8120108 32 of92

a. The source will comply with the 

### BRDT requirements for the pollutant that caused the modification to constitute a major modification. b. The sourcewill otherwise comply with the significant permit revision requirementsof subsection 

### 5.5. C. Voluntary Emission Limitations for SyntheticMinor 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 classificationas a source that requires a Title V permit, or to avoid one or more other applicablerequirements. Such emissions limitations, controls, or other requirements shall be at least as stringent as the emissions limitations, controls, or other requirements that would otherwisebe applicableto that source. 2. For the purpose of this ordinance, "enforceable as a practical matter" means that specific means to assess compliancewith an emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliancewith the limit, standard or trade provision to be readily determined by an inspection ofthe 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 includesa legally enforceable obligationto comply;
c. The permit imposes an objective and quantifiable operationalor production limit or requiresthe use of inplace air pollution control equipment; d. The permit limits have short-term averaging times consistentwith the averaging times ofthe applicable requirement;e. The permit conditions are enforceableand 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 compliancewith emissions limitations establishedpursuant to this subsection 4.2. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 33 of92

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 responsibleofficial 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 Departmentto evaluatethe permit application, includingbut 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 Departmentmay require in order to determine compliancewith 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 applicableto the source after the date it filed a complete application but prior to proposal of a draft permit. E. Any permit applicationform or report submitted pursuant to this Part shall contain certificationby a responsible official ofthe truth, accuracy, and completeness of the submissions. F. The applicant shall include a complianceplan containing a description of the compliance status ofthe sourcewith respect to all applicable requirements. Ifthe complianceplan declares that a source is not in compliancewith an applicable requirement,a narrative of how the source will achieve complianceand 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. Ifthe Department fails to notify an applicant that the application is incomplete within sixty (60) days ofreceipt ofthe 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 ofthe draft permit. The Director shall provide notice ofthe proposed decision asprovided in subsection 4.6. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 34 of 92

4.4 Non-Title V Permit Content. A. Each permit issued under subsection 4.3 ofthis 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 ofthis Part including the 

### BRDT requirements, New Source Performance Standards in Section 7.0 ofthis Part and National Emissions Standards for Hazardous Air Pollutants in Section 8.0 ofthis Part; and d. Compliance with all requirements ofthe 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 ofthe permit, the requirements ofthese 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 ofthis Part. GRIC Code -Title 17, Chapter 

### 9

Revised 2008 Air Quality Ordinance

5. A requirement that, upon presentation ofcredentials and other documents as may be required by law, the owner or operator shall allow the Director or his or her designee orthe U.S. EPA to perform the following at a reasonable time of day and in accordance with reasonable safety standards: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 35 of 92

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 tothe 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 ofthe permit in the event of a successful challenge to any portion ofthe permit. 9. Provisions stating that:a. The permittee shall comply with all conditions ofthe 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 permitteethat it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with conditions of the permit. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 36 of 92

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 (180)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 ofconfirming 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 asthe Director shall specifi based upon representative performance of the source. A performance test shall consist ofthree separate runs using the applicable test method. The owners or operators ofthe 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 subjectto the permitting requirements of this Part shallpay the applicablefees required, as set forth in Section 11.0 ofthis 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 37 

### of 92

C. 

### AdministrativePermit Amendments: An administrativepermit amendment is required for any ofthe followingchanges: 1. 

### To correcttypographical 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 reportingby the permittee; and 4. To allow for a change in ownership or operationalcontrol of a sourcewith a non-Title V 

### permit, provided that a written agreement containing a specific date for the transfer ofpermit 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 significantpermit 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 ofgeneral circulation in the areas where the source is or will be located. The Director shall mail a copy ofthe notice to persons on a mailing list developedby 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 

### ofthis 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 ofthe permittee or applicant; Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 38 of 92

3. Name and address ofthe permitting authority processing the permit action; 4. The activity or activities involved in the permit action; 5. The emissions change involved in any significantpermit revision; 

### 6. The air contaminants to be emitted; 7. If applicable, that a notice of confidentialityhas been filed under Section 10.0 of this Part; 8. A statement that any person may submit written commentsor 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. Locationswhere copies ofthe 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, includingthe 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 accordancewith paragraph 

### B above. The Director shall give notice of any public hearing at least thirty (30) days in advance ofthe 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 

### ofthe 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 ofthe Director's responses shall be made availableto the applicant and all commenters. 4.7 Non-Title 

### V Permit Transfers.A. A non-Title 

### V permit may be transferred to another person ifthe 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 2008Air Quality Ordinance

1. The permit number and expiration date. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 

### 8/20/08 39 of 

### 92

2. The name, address and telephone number ofthe current permit holder. 

### 3. The name, address and telephone number ofthe person to receive the permit. 4. The name and title ofthe individual within the organization who is accepting responsibility for the permit along with a signed statementby that person indicating such acceptance. 

### 5. A description ofthe 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 ofoperating 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 ofeach person principally responsible for the operation ofthe source. b. A statement by the chief financial officer ofthe 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 ofthe 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 compliancerecord orfinancial resourcesare such asit lacksthe capability to comply with the permit. GRIC Code -Title 

### 17,Chapter 

### 9

Revised 

### 2008 Air Quality Ordinance -

For purposes ofthis section, a transfer includes a sale orconveyance to a new corporation orentity orother change in ownership ofthe current permit holder Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 40 of 92

4.8 Posting ofPermit. A. Any person who has been granted a permit shall post such permit or certificate ofpermit issuance at a location where it will be clearly visible. B. 

### A copy ofthe complete permit shall be kept on the site and available for inspection by a representative of the Department or any person. 5.0 PERMIT REVISIONSAT 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 orwould 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 ofan emission limitation or other standard, such asBRDT, or a sourcespecific determination of ambient impacts, or a visibility or increment analysis; 4. A change that results in emissions that are subjectto monitoring, recordkeeping or reporting under the permit ifthe emissions cannot be measured or otherwise adequately quantified by monitoring,recordkeeping, or reporting requirements already in thepermit; 5. A change that will authorize the burning of used oil, used oil fuel, hazardous waste, or hazardous waste fuel, orany other fuel not currently authorized by the permit; 6. A change that results in an increase ofthe source's potential to emit equal to or greater than twenty-five 

### (25) tons per year ofany

### single criteria air pollutant but which does not make the source a major source of that pollutant; GRIC 

### Code -

### Title 17,

### Chapter 9

Revised 2008 Air Quality Ordinance



### 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 individualHAP or five 

### (5) tons per year ofany combination of HAPSalready emitted by the source; Gila River Indian Community Air Quality ManagementProgram Part 11. 

### Permit Requirements 8/20/08 

### 41 of 

### 92

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 equalto 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 ofproduction above the permitted level; and 11. 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 ifthe source keeps on-site records ofthe change in a log that is in a form acceptableto 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 subjectto the public participation requirements of subsection4.6 

### ofthis part. 5.2 Changes that Do Not Reauire a Permit Revision at a Non-Title V Source. 8/20/08A. Except for a physical change or change in the method of operation at a non-Title 

### V sourcerequiring a permit revision under Section 5.0, or a change subjectto 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. GRIC Code -Title 17,Chapter 

### 9

Revised 2008 

### Air Quality Ordinance



### B. Except asotherwise provided in the conditions applicable to a voluntary accepted emission limit created under subsection 4.2(C), the following changes may be made ifthe source keeps on site records ofthe change in accordance with requirements to be prescribed by the Department: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 42 of 92

1. Implementing an alternative operating scenario, including raw materials changes; 2. Changing process equipment, operating procedures, or making any other physical change ifthe permit requires the change to be logged; 3. Engaging in any new insignificant activity; 4. Replacing an item ofair pollution control equipment listed in the permit with an identical (same model, different serial number) item. The Director may require verification ofefficiency ofthe new equipment by performance tests; and 5. 

### A change that results in a decrease in actual emissions ifthe source wants to claim credit for the decrease in determining whether the sourcehas a net emissions increase for any purpose. The logged information shall include a description ofthe change that will produce the decrease in actual emissions. A decrease that has not been logged is creditable only ifthe decrease is quantifiable, enforceable, and otherwise qualifies as a creditable decrease. C. Except asprovided in the conditions applicable to a voluntarily accepted emission limitation created under subsection 4.2(C), the following changes may be made ifthe source provides written notice to the Department in advance ofthe change asprovided 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. TheDirector may require verification ofefficiency ofthe new equipment by performance tests;2. A physical change or change in the method of operation that increasesactual emissionsmore than ten (10) tons per year or ten (10) percent ofthe major sourcethreshold for any criteria pollutant, whichever is less, but does not require a permit revision: seven (7) days; GRIC Code -Title 17, Chapter 9



### Revised 2008 

### Air Quality 

### Ordinance

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 ofthe new equipmentby performance tests; Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 43 of 92

4. A change that would trigger an applicablerequirement that already exists in the permit: thirty (30) days unless a differentnotice period is otherwiserequired by the applicable requirement. For each change under paragraph C ofthis section, the written notice shall be by certified mail or hand delivery and shall be received by the Director within the minimum amount oftime in advance of the change. Notifications of changes associatedwith emergency conditions, such as malfunctionsnecessitating the replacement of equipment,may be provided with less than required notice, but must be provided as far in advance ofthe change, or if advancenotification is not practicable, as soon after the change as possible. The written notification shall include: 1. When the proposed changewill occur; 2. A descriptionofthe change; 3. Any change in emissions ofregulated air pollutants; and 4. Any permit term or condition that is no longer applicable as a result ofthe change. 

### E. A source may implement any change in paragraph C without the required notice by applying for a minor permit revision and complyingwith application requirements for a minor permit revision. F. Notwithstanding any other provision of this subsection, the Directormay 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 ofthe 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 isdescribed under both paragraph C and subsection 5.1(B), the source shall comply with subsection 5.1(B). GRIC Code -Title 17,Chapter 

### 9

Revised 

### 2008 Air Quality Ordinance

H. A copy of all logsrequired under paragraph 

### (B) shall be filed with the Director within thirty (30) days after each anniversary ofthe permit issue date. Ifno changes were made at the source requiring logging, a statement to that effect shall be filed instead. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 44 of 92

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 ofthe 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 amendmentsor 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 ofthe 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 

### 1.0ofthis 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 ofproduction 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

Revised 

### 2008 Air Quality Ordinance

4. A change that results in emissions subjectto monitoring, recordkeeping, or reportingand that cannotbe measured or otherwiseadequately quantifiedby monitoring, recordkeeping, or reporting requirements already in the permit ifthe revision requires monitoring, recordkeeping and/or reporting that provides the required quantification; or Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 

### 8120108 45 of

### 92

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 ofthe 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 ofthe change,the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; and 

### 2. Certificationby a responsible official, consistentwith 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 ofa non-Title V permit under this Part, the Director shall do one or more of the following: 1. Issuethe permit revision as proposed; 2. Deny the permit revision; 

### 3. Determine that the permit revision does not meet the minor permit revision criteria and shouldbe 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 ofthe 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. Duringthis time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, ifthe 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 ofthis 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 overthe life ofthe permit, do not satisfy paragraph A ofthis section. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 

### 8120108 46 of

### 92

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 ofthis 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 he1oil or coal, to natural gas orpropane; 3. A change to or addition of an emissionsunit 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 ofthis 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. 

### Ifthe source keeps on-site records of the change in a log that satisfiesthe requirements in subsection 

### 5.2and ifthe requirements that are relaxed are present in the permit solely for the equipmentthat was removed; or b. A change in an applicable requirement. 5. A change that will cause the sourcetoviolate 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 determinationof 

### BRDT; GRIC Code -Title 17, Chapter 9



### Revised 2008 

### Air Quality Ordinance

b. A source-specific determination of ambient impacts; or Gila River Indian Community Air Quality ManagementProgram Part 11. Permit Requirements 8120108 47 of 92

c. A case-by-case determination of monitoring, recordkeeping, and reporting requirements. 7. A change that requires the sourceto 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 subjectto 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 ofreceipt of a completepermit 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 ofthe equipment to be moved if it is not the entire source; 

### B. A description ofboth 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 ifthe effective date o due to expire, unless the original permit provisions for permit renewal. GRIC Code -

### Title 17,Chapter 

### 9

Revised 2008 Air Quality Ordinance



### emissions Gila River Indian Community Air Quality Management Program Part 11. Permit Reiuirements 8120108 48 of 92

C. 

### or that inaccurate the emissions permit. d. 

### to assure compliance appeal of any

Reopeningsunder paragraph (A)(l) 

### ofthis initiated before a notice of such intent is the Director at least thirty (30) days in permit is to be reopened, exceptthat shortertime 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: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 49 of 92

1. The Director has reasonable causeto believe that the permit was obtainedby fraud or misrepresentation; 2. The person applying for the permit failed to disclose a material act requiredby the permit application form or the regulation applicable to the permit, of which the applicanthad or shouldhave had knowledge at the time the application was submitted; or 

### 3. The terms and conditions ofthe 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 statementthat 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 11

### or 

### 112 of the Act; 2. Promulgated pursuant to Titles IV or VI ofthe 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 sourcewith emissions in excess of an applicableemission limitation due to malfunction has an affirmative defense to a civil or administrative enforcementproceeding based on that violation, other than ajudicial action seeking injunctive relief, ifthe owner or operator of the source has complied with the reporting requirements of subsection 5.9 of this Part and has demonstrated all ofthe following: GRIC Code -Title 

### 17,Chapter 

### 9

Revised 2008 Air Quality Ordinance

1. The excess emissionsresulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control ofthe operator; Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 50 of 92

2. The air pollution control equipment,process equipment, or processes were at all times maintained and operated in a manner consistentwith good practice for minimizing emissions; 

### 3. If repairs were required, the repairs were made in an expeditious fashion when the applicableemission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensurethat the repairs were made as expeditiouslyas possible. If off-shift labor and overtime were not utilized, the owner or operator satisfactorily demonstratedthat the measures were impracticable; 4. The amount and duration of the excess emissions (includingany 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 emissionswere 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 attributedto 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 operationsand 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 emissionswere documentedby contemporaneous records.C. AffirmativeDefense for Startupand Shutdown. GRIC Code -Title 

### 17, Chapter 

### 9

Revised 2008 Air 

### Quality Ordinance

1. Except asprovided in paragraph (C)(2) ofthis section, and unless otherwiseprovided for in the applicablerequirement 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 applicableemission limitation due to startup and shutdown has an affirmative defenseto a civil or administrative enforcementproceeding based on that violation, other than a judicial action seeking injunctive relief, ifthe owner or operator of the sourcehas complied with the reporting requirementsof subsection 

### 5.9 ofthis Part and has demonstrated all of the following: Gila River Indian Community Air Quality Management Program Part 

### 11. Permit Requirements 8120108 

### 51 of 92

a. The excess emissionscould not have been prevented through careful and prudent planning and design; b. Ifthe excess emissionswere the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damageto 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 consistentwith 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 minimizethe impact of the excess emissions on ambient air quality; f. During the period of excess emissions there were no exceedancesofthe 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 emissionswere documented by contemporaneousrecords. GRIC Code -

### Title 17, Chapter 9



### Revised 2008 

### Air Quality Ordinance

2. 

### If excess emissionsoccur due to a malfunctionduringroutine startup and shutdown, then those instances shallbe treated as other malfunctions subject to paragraph 

### B of this section. Gila River Indian Community Air Quality Management Program Part 11. 

### Permit Requirements 8120108 52 of 92



### D. AffirmativeDefense for Malfunction During ScheduledMaintenance. Ifexcess emissionsoccur 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 PracticableMeasures. For an affirmative defenseunder paragraphs B 

### or C of this section,the owner or operator ofthe source shall demonstrate, through submission of the data and information required by this subsection and subsection 5.9, that all reasonable and practicablemeasures 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 ofthe limits establishedby this Part or the applicable permit. The report shall be in two parts as specified below: 1. 

### Notification by telephone or facsimilewithin twenty-four (24) hours ofthe time the owner or operator first learned ofthe occurrenceofexcess emissionsthat 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 ofthe notificationunder paragraph 

### (I) of this subsection. B. 

### The excess emissionsreport shall contain the following information: 1. 

### The identity ofeach stack or other emission point where the excess emissionsoccurred: 2. The magnitude of the excess emissions expressed in the units of the applicableemission limitation and the operating data and calculationsused in 

### determiningthe magnitude ofthe excess emissions;

### 3. The time and duration or expected duration of the excess emissions; GRIC Code -Title 

### 17,Chapter 

### 9

Revised 2008 Air Quality Ordinance



### 4. The identity ofthe equipment from which the excess emissions emanated; Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 

### 53 of 

### 92

5. The nature and cause ofthe emissions; 6. The stepstaken, ifthe excess emissions were the result of a malfunction, to remedy the malfunction and the stepstaken or planned to prevent the recurrence ofthe malfunctions; 

### 7. The stepsthat were or are being taken to limitthe excess emissions; and 8. If the source's permit contains procedures governing source operation during periods of startup or malfunction and the excess emissionsresulted from startup ormalfunction, a list ofthe steps taken to comply with the permit procedures. 

### C. In the case ofcontinuousor recurring excess emissions, the notification requirementsofthis Section shall be satisfied ifthe source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissionswill continue. Excess emissions occurringafter the estimated time period or changes in the emissionsas originallyreported shall require additional notification pursuant to paragraphsA and B ofthis 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 crackingunit 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. 8/20/08A. Every source subjectto an existing source performance standard as specified in this section shall install, calibrate, operate, and maintain all monitoring equipmentnecessary for continuously monitoringthe pollutantsand other gases specified in this section for the applicable source category. GRIC Code -Title 

### 17,Chapter9

Revised 2008 Air Quality Ordinance



### B. Emission monitoring shall not be required when the source of emissions is not operating. Gila River Indian CommunityAir Quality Management Program Part 11. Permit Requirements 8/20/08 54 of 92

C. Variations. 1. Unless otherwiseprohibited by the Act, the Director may approve, on a case-by-casebasis, alternative monitoringrequirements different from the provisions of this Section ifthe installation ofa continuous emission monitoring system cannotbe implemented by a sourcedueto physical plant limitations or extreme economic reasons. Alternativemonitoring 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 economicreasons shall mean that the requirements of this Section would cause the source to be unable to continue in business. 2. Alternative monitoring requirementsmay be prescribed when installationof a continuousemission monitoring system or monitoring devicewould not provide accurate determinationsof emissions. 

### 3. Alternative monitoring requirementsmay 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 ofmonitoring system malfunction, provided that the source owner or operator demonstratesthat the malfunction was unavoidable and the malfunction meets the requirements of subsections 5.8 and 5.9 ofthis Part. D. Installation and performancetesting required under this Section shall be completed and monitoring and recording shall commencewithin eighteen (18) months ofthe effective date ofthis section. 6.3 Minimum MonitorinpRequirements.A. 

### Fossil-fuel fired steam generators: Each fossil-fbel fired steam generator, except as provided in the following subsectionsshall conform with the followingmonitoring 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 emissionmonitoring system for the measurement of opacity which meets the performance specifications of this Section shall be installed, calibrated, maintained, and operated in accordancewith the procedures ofthis Section by the owner or operator of any such steam generator of greaterthan 250 million BTU 

### per hour heat input except where: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 55 of 92

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 applicableparticulate matter and opacity regulations,documented by passing a performance test conducted while fired on oil, without utilization of particulate matter collection equipment. 2. A continuousemission monitoring system for the measurement of sulfur dioxidewhich meets the performance specificationsofthis Section shall be installed, calibrated,using sulfur dioxide calibration gas mixtures or other gas mixtures approvedby the Director, maintained and operated on any fossil-fuel fired steam generator of greaterthan 250 million 

### BTU per hour heat input which has installed sulfur dioxide pollutant control equipment. 3. A 

### continuousemission 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 specificallydetermined 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 

### continuousemission monitoring system for the measurement of the percent oxygen or carbon dioxidewhich meets the performance specifications of this Section shall be installed, calibrated, operatedand 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 continuousemission monitoring data, or both, to units of the emission standard within this Part. GRIC Code -Title 17, Chapter 9

Revised 

### 2008 Air Quality Ordinance

B. Nitric acid plants: Each nitric acid plant of greater than three hundred (300) tons per day production capacity, the production capacitybeing expressed as one hundred (100) percent acid located in an air quality control region where the Director has specifically determinedthat a control strategy for nitrogen dioxide is necessary to attain the ambient air quality standard, shall install, calibrateusing nitrogen dioxide calibration gas mixtures, maintain, and operate a continuous emissionmonitoring system for the measurement ofnitrogen oxides which meets the performance specifications of this Section for each nitric acid producing facility,within such plant. Gila River Indian CommunityAir Quality Management Program Part 11. Permit Requirements 8120108 

### 56 of 92

C. Sulhric acid plants: Each sulfuric acid plant of greater than three hundred (300) tons per day production capacity,the production being expressedas 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 continuousemission monitoring system for the measurement of sulfur dioxidewhich 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 catalystregenerator for fluid bed catalytic crackingunits of greaterthan 20,000barrels 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 compliancewith the followingperformance specifications. 1. The performance specificationsset forth in Appendix 

### B of40 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 of40 C.F.R.Part 60, the Director may allow the use ofeither the state-approved reference method or the federally approved referencemethod as published in 40 C.F.R. Part 60. The performance specificationsto be used with each type of monitoring system are: GRIC Code -Title 17, Chapter 9

Revised 2008 Air Quality Ordinance

a. Continuousemission 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 sulhrdioxide shall comply with performance specification 2. d. Continuousemission monitoring systems for measuring oxygen shall comply with performance specification3.
e. Continuousemission 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 Standardsreference 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 ReferenceMethod 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 intervalsif longer shelflives are guaranteed by the manufacturer. C. Cycling time: Time includes the total time required to sample, analyze, and record an emission measurement. 1. Continuousemission monitoring systems for measuring opacity shall completea minimum of one (1) cycle of samplingand analyzing for each successive 6-minuteperiod. 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 ofprocess parameters (i.e. oxygen, or carbon dioxide) from the affected facility are obtained. Additional guidance for location of continuousemission monitoring systems to obtain representative samples are contained in the applicableperformance specifications ofAppendix 

### 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 atmospherethrough 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 emissionmonitoring systems installed in accordancewith the requirementsofthis Section shall record the zero and span drift in accordancewith 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 adjustmentsat shorter intervals, in which case such recommendations shall be followed; shall adjust the zero and span in accordancewith the applicableperformance specificationsin Appendix B of40 C.F.R.Part 60 (Chapter 

### 1). G. Span: Instrument span should be approximately two hundred (200) percent ofthe 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 requirementsfor 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 subsection5.9 of this Part. A. The owners or operators of facilitiesrequired 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 averagingperiod 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 greaterthan any

### applicable standards for each hour of operation ofthe facility. Average values may be obtainedby integration over the averagingperiod or by arithmetically averaginga minimum of four (4) 

### equally spaced, instantaneous opacity measurementsper minute. Any time periods exempted shall be deleted before determining any averages in the units of the applicable standard for each averagingperiod during which the applicable standard was exceeded. GRIC Code -

### Title 17, Chapter 

### 9

Revised 2008 Air Quality 

### Ordinance

C. For gaseousmeasurements, the summary shall consist ofemission averages in the units of the applicable standard for each averaging period duringwhich the applicable standard was exceeded. Gila River Indian CommunityAir 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 ofcontinuous emission monitoring system performance whenever system repairs or adjustmentshave been made. E. 

### When no excess emissionshave occurred and the continuousemission 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 eitherby the continuousemission 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 ofaffected facilities shall use the followingprocedures for converting monitoring data to units of the standard where necessary. A. 

### For fossil-fuel fired steam generators,the followingprocedures shall be used to convert gaseousemission monitoring data in parts per million to g/million cal (Ib/million BTU) where necessary. 1. When the owner or operator of a 

### fossil-fuelfired steam generator elects under subsection 6.3 (A)(4) 

### to measure oxygen in the flue gases, the measurement ofthe 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 otherwiseadded to stack gases,the following conversionprocedure 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 ofthe stack gas is determined at least once every fifteen (1

### 5) minutes the followingconversion 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) suchthat 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 conversionprocedure 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 ofthe pollutant concentration and the carbon dioxide concentrationshall each be on a consistentbasis (wet or dry) and the following conversion procedure used:

3. The values as used in the equationsunder 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 concentrationsat 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 Iblwscfper ppm) where M =pollutant molecular weight, glg mole (Ibllb mole). 

### M = 64 for sulfurdioxide 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 specification3 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 ofthe fuel combusted (F), a factorrepresenting a ratio ofthe volume of carbon dioxide generated to the calorificvalue ofthe 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 caloricvalue ofthe fuel combusted. Values ofF(w)are given in Reference Method 19of the Arizona Testing Manual. B(wa) =Proportion by volume of water vapor in the ambient air. Approval may be given for determinationof 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 ofwater 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 Kglmetricton (Iblshortton); 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 of40 C.F.R. $ 

### 60.73 (b) (Chapter 1); 

### GRIC Code -

### Title 17, Chapter 9



### Revised 2008 Air Quality Ordinance

2. Multiply the conversion factorby the average nitrogen oxides concentrationin 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 averagesthat do not require integration of data. 2. 

### Alternative methods of converting pollutant concentration measurementsto the units of the emission standards.



### Standards ofPerformance 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 art G 

### - Nitric Acid Plants. 

# d \
H 

### - SulfuricAcid 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 AfterPetroleum Liquid Storage Vessels) for Which Construction,
18. Subpart 

### L 

### - Secondary Lead Smelters.



# e 24. Subpart Q 

### - 25. SubpartR 

## - Prim 26. Subpart S 

### - Pri

Superphosphate Storage Facilities. 32. SubpartY 

### - 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 of9236, 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 92from 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 of92

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. 

# aFacilities.
includes amendmentsadopted as of August 17, 1998. 75. SubpartAAAA 

## - Standardsof Performance for S Waste Combustion Units for which Construction
SubpartBBBB 

## - 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 subsection7.1, 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 92Arizona 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

### 11 (h)(3) and 11 1 (j) ofthe Act. If innovative technology waivers are requested, the Regional Administrator ofthe 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. Themajor 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

asprovided 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 CokeBy-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 asprovided 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. ofEnvironmenta 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 Extensionsfor Early Reductio ardousAir Pollutants. Standards for Organic Hazardous Organic Chemical
for Organic Hazardous

Subpart H 

## - National Emission Organic Hazardous Air Pollutantsfor Equipment Leaks. Subpart I 

## - National Emission Standards for Air Pollutantsfor Certain Processes Subject Regulations for Equipment Leaks. 8. 

### SubpartJ 

### - National Emission Standards for Pollutants for Polyvinyl Chloride and 

# I / 9. 

### Subpart L 

## - National Emission Standards for Coke Oven ~atkt ies. 

# 0 10. SubpartM 

## - National PerchloroethyleneAir 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 ManagementProgram Part 11. Permit Requirements 

### 8120108 71 of

### 92P 

# \ LJ. Manufacturing Operations. GRIC Code -Title 

### 17, Chapter 9

Revised 

### 2008 Air Quality Ordinance 

# \ 26. SubpartGG

## - National Emission Standards for Aerospace ' Manufacturingand Rework Facilities. 27. Subpart 

### HH 

### - National Emission Standards for Pollutants from Oil and Natural Gas Gila River Indian Community Air Quality ManagementProgram Part 11. Permit Requirements 8120108 72of 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 51. 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. Standardsfor 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 ofAmino/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 ManagementProgram Part 11. Permit Requirements 8120108 74of92

Subpart RRR 

### - National Emissions Pollutants for Secondary Subpart 

### TTT-- National Emission Standa s for Hazardous Air Pollutants for Primary Lead Smelting

# P

for HazardousAir

60. Subpart Standards for Hazardous Air
61. Subpart

### XXX 

### - nal Emission Standards for HazardousAir Production: Ferromanganese and Silicomangane for HazardousAir
for Hazardous Air Subpart DDDD 

## - National Emission for HazardousAir 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 Producti70. 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 \ 71. 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 of92

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 81. 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 HazardousPollutants for Stationary Reciprocating Internal Comb GRIC Code -Title 17, Chapter 9

Revised 2008 Air Quality Ordinance 

# \ 86. SubpartAAAAA 

### - 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 of92


# 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 1Emission Standards for HazardousAir Pollutants or Integrated on and Steel Manufacturing Facilities 

# P "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 HazardousA

# \ 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 112(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 ofphysical on site construction ofthe 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 ofthe stack to be completed in a reasonable time; or 3. Coal-fired steam electric generating units, subject to the provisions of Section 118 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 asthe greater ofthe 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 51 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 ofthe stack; H =height of nearby structure measured from the ground-level elevation at the base ofthe stack; L = lesser dimension (height or projected width) ofnearby 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) ofthis section, that distance up to five (5) times the lesser ofthe 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+) ofthe 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 ofthe 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 ofthe 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) ofthis 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 ofthe 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 sourcesthat 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 ofthe 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) ofthis section shall be prescribed by the new source performancestandard 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) ofthis section, either: Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 80 of 92

(1) A maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects asprovided in paragraph (B)(6)(a) ofthis 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 verifLGEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence ofcooling 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) ofthis 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 ofemission limitation required of any source after the respective date given in paragraph A ofthis 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 ofplume impaction which results in concentrations in violation ofnational ambient air quality standards can be adjusted bydetermining 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 featuresto be equal in elevation to the GEP stack height. Ifthis 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 ofthis section, the Director shall notify the public ofthe availability ofthe demonstration study and provide opportunity for a public hearing in accordance with the requirements of this Part 11. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 81 of 92



# m 10.0 CONFIDENTIALITY OF INFORMATION 10.1 Confidentialityof 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 ofthe following: 1. A showing, satisfactory to the Director ofthe Department of Environmental Quality, by any person that the information or a part ofthe information if made public would divulge the trade secrets ofthe person. 2. A determination by the GRIC attorney that the disclosure ofthe information or a particular part ofthe 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 ofConfidentiality 1. A notice ofconfidentiality submitted pursuant to paragraph (A)(l) ofthis section shall:

### a. Precisely identify the information in the documents submitted which is considered confidential. GRIC Code -

### Title 17,Chapter9

Revised 2008 

### Air Quality Ordinance

b. Contain sufficient supporting information to allow the Director to evaluatewhether such information satisfies the requirements related to trade secrets or, ifapplicable,how the information, if disclosed, is likely to cause substantial harm to the person's competitiveposition. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 82 of92

2. Within thirty (30) 

### days ofreceipt ofa notice of confidentialitythat complieswith paragraph A of this section, the Director shall make a determination as to whether the information satisfiesthe requirementsfor trade secretor competitiveposition pursuant to paragraph (A)(l) and so notify the applicant in writing. Ifthe 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 determinationofconfidentialityshall be final and not appealable. Additional Information Available to the Public. 1. 

### Notwithstandingparagraphs (A)(l)and 

### (2) ofthis section,the following information shall be availableto the public:
a. The name and address of any permit applicant or permittee. b. The chemical constituents, concentrationsand amounts of any emission of any air contaminant.
c. The existence or level of concentration of an air pollutant in the environment. 2. Notwithstandingparagraph A of this section, the Director may disclose, with an accompanying confidentialitynotice, any records, reports or information obtainedby the Director or the Department of Environmental Qualityto:
a. Other Community employeesconcerned with administering this section or ifthe records, reportsor information is relevant to any administrative or judicial proceeding under this Part. b. Employees ofthe United StatesEnvironmental Protection Agency ifthe information is necessary or required toadminister and implement or comply with federal statutes or regulations. GRIC Code -Title 17,Chapter 

### 9

Revised 2008 Air Quality Ordinance

11.0 PERMIT FEES Gila River Indian CommunityAir Quality Management Program Part 11. Permit Requirements 8/20/08 83 of 92

11.1 A~~licabilitv. Every person owningloperatingequipment or engaged in activities that may cause or contribute to air pollution is subjectto 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 complyingwith 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 annuallyby the source to recover the average cost of servicesrequired 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 ofthe permit processing time into the categories of pre-application activities, completenessreview, 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: Gila River Indian Community Air Quality ManagementProgram Part 11. Permit Requirements 8120108 84 of 92

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 indicatethe 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 revisionbased fee or a fee at a rate sufficient to cover 

### all reasonable GRIC Code -Title 17,Chapter9

Revised 2008 Air Quality Ordinance Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 85 of92B. 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 86 of 92

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 ofAppendix A shall pay to the Director $66.00 per hour, adjusted annually under subsection 11.8 ofthis 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 ofAppendix 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 

### ofNon-Title 

### V Application Application 

### Fee 

# I INew Permit ADDli~ati0n 

### I $350 

### I INon-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 indicatethe total cost ofreviewing 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. Gila River Indian CommunityAir Quality Management Program Part 11. Permit Requirements 8/20/08 87of 92

3. 

### Annual AdministrativeFee.
a. The owner or operator of an existingnon-Title V 

### source shallpay the applicable annual administrative fee from Table 1.4below, as adjusted annually under Section 11.8. The annual administrative fee coversthe cost of renewing a non-TitleV 

### permit. The fee is due on the first anniversary date of the initial permit covering constructionand startup of operationsand 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 meansthe 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 determinedby the Director to be representative of normal source operations, determined as follows: $1,300 $360 $200

A. Emissions quantitiesreported 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 ofmaterials processed, stored, or combusted.

### D. The followingemissions of regulated pollutants shallbe excluded from a source's actual emissions for purposes of setting fees: GRIC Code -

### Title 17, Chapter 9



### Revised 2008Air Quality Ordinance



### 1. Emissions of a regulated pollutant from the source in excess of 4,000 tons per year.Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 88 of 92

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 standardpromulgated under Title 

### VI of the Act. 5. Any pollutant that is a regulated airpollutant solely because it is subject to a standardunder 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 shallbe 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-TitleV permits separately. 11.6 

### Accelerated Application process in^ 

### Fee. 

### An applicant for aWnon-Title V permit or any revisions to suchpermits may request that the Director provide accelerated processing of the applicationby providing the Director written notice sixty (60) days in advance of filing the application.Any such request shall be accompaniedby the standard application fees as describedin this section plus an additionalfifty (50) percent surcharge,which shallbe nonrefundableifthe Director decides to provide the accelerated processing as described below: A. When 

### an applicanthas requested acceleratedpermit processing, the Directormay request an additional surchargefee based on the estimated cost of acceleratingthe processing of the application, or, to the extent practicable,may seek to process the permit or permit revision in accordancewith the following schedule:

### 1. For applications for-non-Title V permits or significantpermit 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. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/08 89 of 92

B. Before issuing a permit or approving a permit revision pursuant to this section, the applicant shallpay 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 shallbe applied toward the applicable maximum permit fee. 

### 11.7 Earthmovin~ Permit Fee. A person applying for an Earthmoving Permit shallpay 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 10acres 10 

### acres or greater $75.00 $36.00 per acre plus $1 

### 10.00 Example: 10 

### acres = 

### 10x $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 requiredto 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 referencedby this ordinance on the basis of the preceding cost accounting,then those fees and rates shallbe 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 ofthe Consumer Price Index for all-urban consumers, published by the U.S. Department of Labor, as ofthe close of the twelve (12) monthperiod ending on August 3 1 of each year. 

### 11.9 Late Fees. 8120108The 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 aNotice of Violation shall pay a late fee of $70.00. Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 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 ifdelinquent 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 LandfillGRIC Code -Title 17,Chapter 9

Revised 2008 Air Quality Ordinance Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8/20/(T8 91 of 92GRIC Code 

### -Title 

### 17, Chapter 9

Revised 2008 Air Quality Ordinance Gila River Indian Community Air Quality Management Program Part 11. Permit Requirements 8120108 92 of 92