GILA RIVER INDIAN CO~TY 

ixecutive Office of the Governor & Lieutenant Governor 

Winiam R. Xhodes Jennfer Afkon-Xay 

Gover~ior Lieutenant Governor 

November 17,2006 

Mr. Wayne Nastri 

Regional Administrator 

Office of the Regional Administrator 

U.S. Environmental Protection Agency Region IX 

75 Hawthorne St 

San Francisco, CA 94105-3901 2 - < '- ,..' . < 7- .t . . I J>;.3', ,:i; 

Re: Eligibility ~etermiriidkn~ #w&e dose of hipf&ne%ition pf Clean Air Act 

programs by the d$wi;"i&iian Community * <c>+bL,: G+ ?.+ > <. , >, ?,yL: _ci ( I' 

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Dear Mr. Nastri, a:,z , -, 

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".a State under the 

r Clean Air Act 

us Air Pollutnants 

ose amendments empower the 

Indian Community to protect the quality of the& its members breathe. 

To facilitate inlplementation of the GRIC Air Quality Management Program, the Community is 

requesting eligibility determinations for all the necessary sections of the Clean Air Act (CAA) 

that are required for GRIC to implement its air quality mangement program. At a minimum, 

GRIC is requesting eligibility determinations under Sections 107, 1 10, 1 11, 112, 114, 505 and 

525 West Gu u Ki P.O. ~ok 97 Sacaton, Arizona 85247 

Telephone: 520-562-9840 Fax: 520-562-9849 Email: executivemail@gric.nsn.us 
Title V of the Clean Air Act. Eligibility determinations under additional sections of the CAA 

may be necessary to provide GRIC full implementation authority. 

GRIC previously applied for and received an eligibility determination under Section 105 of the 

CAA on March 26, 1999 to receive hnding and develop an Air Quality Management Program. 

The Community also received eligibility determinations under Section 106 of the Clean Water 

Act on March 30,1990 and Section 3 19 of the Clean Water Act on January 14,2005. 

GRIC is providing the required information to address the four criteria listed in 40 CFR, Part 49, 

Section .49.6. In this submittal, the Community addresses each of the four criteria and seeks an 

eligibility determination under 40 CFR, Part 49, section 49.7. More specifically, the Community 

is providing information addressing the first three criteria listed below in 40 CFR 5 49.6. 

However, since the information in (a), (b), and (c) of 40 CFR 5 49.6 has been submitted and 

approved in previous eligibility submittals and there have been no changes, these sections are 

referenced in the attached documents. As to the fourth criterion, this submittal fully explains the 

capability of the GFUC Air Quality Program to effectively administer the sections of the CAA for 

which we have requested approval and includes personnel biographies, an organizational chart, 

inspection capabilities, compliance and enforcement experience and capabilities as well as 

information concerning the Communities ability to enforce CAA requirements. This eligibility 

request also includes a complete description of the area over which GRIC has jurisdiction, ie., 

legal description of the exterior boundaries of the Community. 

The following are the criteria that must be fulfilled for eligibility under 40 CFR, Part 49, 

Sections 49.6 and 49.7: 

(1) The applicant is an Indian Tribe recognized by the Secretary of the Interior; 

(2) The Indian Tribe has a governing body carrying out substantial governmental duties and 

hnctions; 

(3) The functions to be exercised by the Indian tribe pertain to the management and 

protection of air resources within the exterior boundaries of the reservation or other areas 

within the tribe's jurisdiction; and 

(4) The Indian tribe is reasonably expected to be capable, in the EPA Regional 

Administrator's judgment, of carrying out the functions to be exercised in a manner 
consistent with the terms and purposes of the Clean Air Act and all applicable 

regulations. 

The Community has a long history of successful management of EPA grants and was the first 

Region 9 Tribe to receive an eligibility determination for Treatment as a State (TAS) status under 

both the Clean hr Act, Section 105 and the Clean Water Act, Section 106. It is with great honor 

and respect that the Community submits this request for eligibility determinations under Sections 

107, 1 10, 1 1 1, 1 12, 1 14, 505 and Title V of the Clean Air Act (CAA) at a minimum. 

The following text demonstrates compliance with the eligibility requirements as outlined in 40 CFR, 

Part 49, Sections 49.6 and 49.7. 

(1) Federal Recognition bv the Secretarv of Interior: 

Federal Register, Volume 63, No. 250, December 30, 1998 published a comprehensive list 

of federally recognized Native American tribes. The Gila River Indian Community is 

acknowledged on page 71942 of the publication. A copy of the document is provided herein 

as Attachment A. 

(2) Substantial Governmental Duties: 

The Community has a governing body canying out substantial governmental duties and 

powers as demonstrated by the documents in Attachment B. 

Constitution and Bylaws of the Gila River Indian Community, Arizona, 

March 17, 1960, 

Gila River Indian Community Law and Order Code Title 9, 

Administration of Community Affairs, Title 9 (Powers and duties of 

Governor, Lieutenant Governor, Secretary, and Treasurer of the Gila River 

Indian Community) 

Resolution GR-3 17-67 Adoption of a organization plan for Community 

government, 

GRIC Code, Title 13 Business Licenses and Taxation, and GRIC 

Organization Chart, March 16, 1998. 
Financial Management and Procurement Policy approved by resolution 

GR-17-02 on February 20,2002 

(3) A descriptive statement of the Community's authoritv to regulate air quality. 

The GRIC Department of Environmental Quality (GRIC DEQ) is experienced at grant 

management and has completed TAS applications for three GRIC DEQ programs. On 

March 30, 1990, the GRIC was the first Region 9 Tribe to be granted TAS under the 

Clean Water Act, Section 106. On March 26, 1999, the GRIC was the first Region 9 

Tribe to be granted TAS status under the Clean Air Act, Section 105. In addition, GRIC 

received a TAS determination under Section 319 of the Clean Water Act on January 14, 

2005. GRIC also became the first Tribal Government to receive authority to issue 

synthetic minor permits using tribally enforceable limits on January 9, 2003. Copies of 

EPA determination letters and the synthetic minor permitting letter are provided with this 

submittal in Attachment C. 

Attachment C includes a map of the Gila River Indian Community (GRIC Original 

Boundary and Additions of Land Map) that may be of particular assistance when 

evaluating this application. The GRIC Original Boundary and Additions of Land Map 

graphically represents the devlopment of the Community through the 1859 Act of 

Congress and subsequent Executive Orders (Attachment C). Each land addition has been 

shaded a different color to illustrate the addition of new lands. 

As stated in the Jurisdictional Statement (Attorney Letter, Attachment C), the 

Community asserts its inherent legislative, adjudicative and regulatory authority to the 

extent outlined in Montana v. United States, 450 U.S. 544 (1981), and also pursuant to 

the express delegation of authority by Congress under the Indian Reorganization Act (25 

U.S.C. §§ 461 et seq.), which provided the Community authority to organize, adopt 

the Gila River Indian Community Constitution and Bylaws (March 17, 1960) and to 

enact ordinances governing conduct within the exterior boundaries of the Reservation (25 

U.S.C. § 476) on all lands within the external Community boundaries. The 

Community also asserts its authority to implement Clean Air Act Programs 

pursuant to the express delegation of authority by Congress under the Clean Air 
Act Amendments of 1990 including Sections 301(d)(2) and 302(r) of the Act as 

implemented by the Tribal Authority Rule (40 CFR Part 49) 

(4) Ability to administer effectively. the Clean Air Act programs for which the Gila River 

Indian Community is seeking approval: 

The Community is hlly capable of canying out functions to be exercised in a manner 

consistent with the terms and purposes of the Clean Air Act and all applicable 

regulations. 

a narrative statement describing how the governing body cames out 

its duties, 

proof of previous or current managerial experience, 

evidence of environmental programs administered by the tribe, 

a description of existing or proposed staff resources including 

biography's, and 

a description of the tribal accounting and procurement system. 

The following text will sequentially address each of these areas. 

The Oreanization and Structure of the GRIC 

The following is a brief narrative of the organization and structure of the GRIC and a 

description of the duties of the governing body: 

The Gila River Indian Community was established by Act of Congress on February 28, 

1859. The Community's reservation covers approximately 581 square miles of land in 

Pinal and Maricopa Counties in south-central Arizona. A more detailed description of 

Community demographics, geography, and economy is described in the narrative below 

and in the description of GRIC7s "Capability to Effectively Administer CAA Programs," 

which is included here in Attachment D. 

The Community reservation is divided into seven unique geographical Districts. Each 

District is represented by at least one Council person, elected to a three-year term. One 

additional Council Person is elected for every 300 members residing in the District in 
excess of the base enrollment of 15 1. The Governor, Lieutenant Governor, Chief Judge and 

Associate Judges are elected by the Community for a three-year term. A copy of the 

Constitution and Bylaws of the GRIC is provided in this Application as Attachment B. 

The Governor is the Community's chief executive officer. The Lieutenant Governor acts to 

assist the Governor in his or her duties. The Governor, or in his or her absence, the 

Lieutenant Governor is the presiding officer of the Community Council. The presiding 

officer is permitted to participate in discussion of Tribal business and is permitted to vote in 

the case of a tie. 

The Community is governed by the Community Council. The Community Council consists 

of 17 elected council members, the Governor and the Lieutenant Governor. The Council 

meets on the first and third Wednesday of every month to act on the business of the 

Community. 

The Constitution and Bylaws of the GRIC were most recently approved on March 17, 

1960. The Constitution and Bylaws provide a detailed description of the organization and 

execution of the duties of the governing body. A copy of the Constitution and Bylaws of 

the GRIC is included in Attachment B. 

A Demonstration of GRIC's Environmental Management and Enforcement 

Capability 

The Community has long been vigilant about protecting its environment, and officially 

established the GRIC Department of Environmental Quality (GRIC DEQ) in 1995. The 

department has grown from an initial staff of six in 1995 to a staff of 30 in 2005. Over the , 

last eighteen years, the Community has enacted seven environmental ordinances. Copies 

of the following seven ordinances are included in Attachment D as evidence of the 

enviromental programs administered by the GRIC: 

1) Medical Waste Management Ordinance GR-04-02, 

2) Tribal Implementation Plan for Air Quality Management GR-07-02, 

3) Chemical Emergency Planning and Community Right-to-Know Ordinance GR01-02, 
4) Pesticide Ordinance GR04-96, 

5) Control and Suppression of Pink Bollworm Ordinance GR-07-87, 

6) Beehives Ordinance GR-06-85, and 

7) Solid Wate Ordinance GR-04-95. 

The Gila River Indian Community has conducted enforcement actions against violators 

utilizing the above mentioned Tribally enforceable ordinances on several occasions. The 

GRIC Air Quality program issued a Compliance Order under the GRIC Medical Waste 

Management Ordinance which required a medical waste disposal company to 

immediately terminate operations of the medical waste incinerator until such time that the 

quench system on the air pollution control system could be fitted with a backup source of 

water. The loss of water to the quench system caused the incinerator to automatically 

enter the bypass mode allowing the exhaust stream to bypass all pollution controls. This 

was a violation of the revised GRIC Medical Waste Management Ordinance that was 

adopted by the GRIC Community Council in March 2002. The ordinance contained 

administrative procedures, performance testing requirements, bypass restrictions and the 

most stringent emission limits in the nation for any medical waste incinerator. Faced 

with a compliance order, the company immediately terminated operations and installed a 

secondary source of water to the quench system. 

Shortly after the compliance order was issued, the company decommissioned the 

incinerator but continued to operate two autocalves for treating medical waste. The 

GRIC Air Quality Program issued a detailed operating permit under the GRIC Medical 

Waste Management Ordinance for operation of the two autoclaves. The compliance 

order issued to the company represents the first time a Tribal government has taken an 

enforcement action using their own sovereign authority to protect air quality. 

The GRIC Department of Environmental Quality has also taken several enforcement 

actions under a Tribally enforceable solid waste ordiance. The GRIC Police Department 

observed a tanker truck dumping grease residue from restrauants into a water of the 

United States. The police oflicer confronted the illegal dumper and contacted the GRIC 

Department of Environmental Quality solid waste personnel. GRIC Solid waste 

7 
personnel conducted an investigation, took samples and issued a citation. The GRIC 

Police Department also confiscated the pumper truck. The illegal dumper was ordered to 

clean up the dump site and was fined $10,000 before the truck was released back to the 

owner. 

The GRTC Solid Waste Program has conducted numerous other compliance and 

enforcement actions that resulted in the cleanup of large tire piles, open dumps and illegal 

dumping sites along the borders of the Community. The GRIC Solid Waste Program has 

the capability to immediately issue citations to persons caught illegally dumping within 

the exterior boundaries of the Community. 

The GRIC DEQ Pesticide Program has issued 85 Notices of Violation (NOV) under a 

Tribally enforceable pesticide ordinance. The violations range fiom not having a permit, 

to overspraying, spraying individuals in the field, and illegal dumping of chemicals. In 

addition, the pesticide program issues warnings for less serious violations and citations 

for more critical violations. The GRIC pesticide program is recognized as one of the 

most advanced pesticide regulatory programs in Indian Country. 

The GRIC DEQ is continuing to develop regulatory enforcement authorities through 

development of additional ordinances. The pesticide program is currently working on a 

structural pesticide control ordinance and the water quality program is finalizing a waste 

water discharge ordinance that establishes water quality standards for effluent water 

discharges that will be discharged into the Community under the Water Rights Settlement 

that was recently approved by Congress. The solid waste program will be revising the 

solid waste ordinance which will establish permitting authority for two construction 

debris transfer stations. The GRIC Hazardous Waste Program is working on a RCRA 

ordinance which will provide the authority for GRIC to implement hazardous waste 

regulations using Tribal sovereign authority. Since the federal RCRA program is not 

delegable, the program is developing its own regulations under RCRA which may be 

more stringent than the federal program. The GRIC Air Quality Management Program 

Plan includes over 15 ordinances that have been developed to protect air quality within 
the Community and is the first comprehensive plan for the regulation of air quality to be 

developed in Indian country. 

GRIC DEQ personnel have used compliance assistance very effectively in areas where 

the "Tribal GAP" exist and regulatory authorities are lacking. The DEQ will continue 

working with industrial facilities to come into compliance with any new requirements as 

they are developed by the DEQ. 

The GRIC DEQ has implemented a compliance inspection and enforcement training 

program for DEQ employees, GRIC attorneys, Tribal Rangers and police. The DEQ has . . 

conducted three full day trainings for enforcement personnel and has received a federal 

compliance and enforcement grant to further develop the enforcement capabilities for the 

DEQ and other GRIC departments. The GRlC DEQ is in the process of establishing a 

Compliance and Enforcement Manager position that will oversee all enforcement actions 

within the Department. This position is also responsible for continuing the training 

program for enforcement personnel. 

The Gila River Indian Community has a Tribal Court system for adjudication of 

violations of GRIC Air Quality Management Program ordinances as well as a process by 

which a party can appeal certain actions, such as permit denials, taken by DEQ. The 

Community's Law Office has been a key participant in the development of the 

enforcement ordinances, the administrative appeals procedures and the program as a 

whole. 

The GRlC Air Quality Program has developed a civil enforcement ordinance (attached) 

which provides the DEQ a wide range of enforcement options to tailor enforcement to the 

nature and extent of noncompliance. Thus, civil enforcement actions can be in the form 

of (1) administrative compliance orders; (2) civil penalties; (3) injunctive relief through a 

temporary restraining order, preliminary injunction or permanent injunction; and (4) 

denial or revocation of an operating permit. With regard to the civil penalties, the 

ordinance provides a basis for calculating civil penalties and establishes criteria that the 

DEQ and GRIC Tribal Court must consider when assessing penalties. The penalty 

calculation requirements and assessment criteria are included to ensure that DEQ and the 
Tribal Courts will assess civil penalties in a fair and consistent manner and in accordance 

with the Clean Air Act. The ordinance allows for Administrative Civil Penalties up to 

$5,000 per day per violation and Judicial Civil Penalties up to $10,000 per day per 

violation. 

Description of Staff Resources 

The Air Quality Program is composed of five full time professionals. The program 

currently consists of a Compliance and Enforcement Manager (Daniel Blair), an 

Environmental Engineer (Leroy Williams), an Environmental Team Supervisor (Russell 

Betsuie), an Air Quality Specialist (Janet Travis) and an Air Quality Project Associate 

(Willard Antone). The Compliance and Enforcement Manager and the Environmental 

Engineer have university diplomas. The Environmental Team Supervisor, the Air 

Quality Specialist and the Air Quality Project Associate have associate degrees. The Air 

Quality Project Associate is currently pursuing a four year degree in Biological Sciences 

from Arizona State University. The air quality staff at GRIC have a combined 40 years 

of air quality experience. GRIC Air Quality Staff have specific expertise in ambient air 

quality monitoring, compliance and enforcement, compliance inspections, performance 

testing and permit writing. The staff is highly trained and extremely conscientious. A 

copy of the biography's for each of the five staff members and the Executive Director 

are included in Attachment D for your review. 

Description of Accounting and Procuremen t System 

A copy of the GRIC Financial Management and Procurement Policy, dated April 11, 

2002 has been provided in Attachment B. 

The GRIC DEQ has an exceptional history of effectively managing environmental 

programs and assistance grants provided by the EPA. This includes the assistance grant 

under Section 105 of the Clean Air Act (CAA) which GRIC has been managing since 

1999. The GRIC DEQ has a history of spending grant funding in a timely manner, 

consistently providing periodic reports on project progress and achieving all established 

objectives. 
In addition to effectively managing the Air Quality Program, GRIC DEQ currently 

manages a Water Quality Program, Pesticides Program, Solid Waste Program, RCM 

CERCLA Program, EPCRA Program and a Community Outreach Program. A copy of 

the document GRIC DEQ Environmental Accomplishments is provided in Attachment D 

as a demonstration of the success of the GRIC DEQ programs in achieving results for 

protecting the environment. 

The following EPA assistance grants are also currently being managed by the GRIC: 

1. Air Pollution Control Program, Clean Air Act, Section 105, A98920906-0 

2. Joint Air Toxics Assessment Project, Clean Air Act 103, XA9794110 1-2 

3. General Assistance Program 111, GA97920901-4 (GAP, Solid Waste GAP 

and RCRA GAP) (Tribal Open Dumps Cleanup) 

4. Pesticide Consolidated Cooperative Agreement, E-99904806-0 

(Enforcement, Program Development) 

5. Water Pollution Control 1-00903004-2 

6. Wetlands Re-Vegetation, CD-98984701- 1 

7. Consolidated Superfund Cooperative Agreement, V9790260 1-4 

(CERCLA and PNSI) 

8. Consolidated Superfund Cooperative Agreement, RCRA, V97902601-4 1 

9. Hazardous Waste Management Grant Program for Tribes, Haz. WasteCRCA, HW97941001-2 

10. Brownfields Economic Redevelopment, Showcase Grant, BP9897820 1 -5 

1 1. State & Tribal Response Program, RP97980001-2 

12. Brownfields Aerodyne Site, BF96946601-0 

13. Tribal Underground Storage Tanks, L96949506-0 

14. Non-Point Source Management Program Pee Posh Wetlands-NPS CWA 

3 19, C9-9694 1 10 1-0 

15. Brownfields Clean-up Cooperative Agreement-St. Johns Mission, 

BF969 1360 1-0 
Additional Information 

In addition to the information provided under the Clean Air Act application, please find attached 

the GRIC DEQ Program Activities brochure. The brochure provides updated information on 

GRIC environmental regulatory programs and staff, including air quality. The GRIC DEQ 

Program Activities Brochure is included as Attachment D. 

If you have any questions concerning the application, please contact Daniel Blair, Air Quality 

Specialist, GRIC DEQ at (520) 562-2234. We look forward to the approval of this eligibility 

determination as well as ultimate approval of the Community's Air Quality Management 

Program. 

Sincerely, 

William R. Rhodes, Governor 

Gila River Indian Community 

cc: Jennifer Allison-Ray, Lieutenant Governor, Gila River Indian Community 

Jennifer Gig GIUC General Counsel 

Douglas McDaniel, Enforcement Manager, Air Division, EPA Region IX 

Darrell Harmon, Senior Indian Program Manager 

Colleen McKaughan, Associate Director, Air Division, EPA Region IX 

Wienke Tax, Air Quality Planner, EPA Region IX