# GILA

# RIVERINDIAN 

# CO~TY ixecutive Office

### of the Governor &

### Lieutenant Governor

WiniamR. Xhodes 

### JennferAfkon-Xay Gover~ior Lieutenant Governor



### November 17,2006



### Mr. Wayne

### Nastri Regional Administrator Officeofthe Regional Administrator U.S. EnvironmentalProtectionAgencyRegion 

### IX 75 Hawthorne St San Francisco, CA 94105-3901 2 

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### Re: Eligibility ~etermiriidkn~ 

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# dose of hipf&ne%ition pf Clean Air Act programsby the d$wi;"i&iian Community * <c>+bL,: G+ ?.+ > 

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### DearMr. Nastri, a:,z , -, '-

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### ".aState under the

r 

### Clean Air Act
us Air Pollutnants

ose amendments empower the Indian Communityto protectthe quality

### ofthe& itsmembersbreathe. To facilitate inlplementationof the GRIC Air QualityManagement 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 determinationsunder Sections 107, 1 10, 111, 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 maybe 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, 1999to 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 

### 319ofthe CleanWater Act on January 14,2005. GRIC is providing the required informationto 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 explainsthe capability of the GFUC Air Quality Program to effectively administerthe 

### sectionsofthe CAAfor 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 ofthe exteriorboundariesofthe Community. The following are the criteria that must be fulfilled for eligibility under 40 CFR, Part 49, Sections49.6 and 49.7: (1) 

### The applicant is an Indian Triberecognizedby the Secretary ofthe Interior; (2) 

### The Indian Tribe has a governingbody 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 ofthe 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 mannerconsistent 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 eligibilitydetermination 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 determinationsunder Sections 107, 110, 1 11, 1 12, 1 14,505 and TitleV ofthe Clean Air Act (CAA) at a minimum. The followingtext demonstrates compliancewith the eligibility requirements as outlined in40 CFR, Part49, Sections49.6 and49.7. (1) Federal Recognitionbv the SecretarvofInterior: Federal Register, Volume 63, No. 250, December 30, 1998published a comprehensivelist of federally recognized Native American tribes. The Gila River Indian Community is acknowledged on page 71942 ofthe publication. A copyofthe document isprovided herein
as AttachmentA. (2) Substantial GovernmentalDuties:
The Community has a governing body canying out substantial governmental duties and powers as demonstratedby the documents in AttachmentB. 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 ofthe Gila River Indian Community) Resolution GR-317-67 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 authoritvto 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 ofthe 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 syntheticminor 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 (AttachmentC). Each land addition has been shaded adifferent color to illustratethe addition ofnew 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 delegationof authority by Congressunder 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 exteriorboundaries ofthe 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 AirAct 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 Communityis 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 ofpreviousor current managerial experience, evidence ofenvironmental programs administered by the tribe, a description of existing or proposed staff resources including biography's, and a description ofthe tribal accounting and procurement system.
The followingtext will sequentially address each ofthese areas. 

### The Oreanization and Structureofthe 

### GRIC The following is a brief narrative of the organization and structure of the GRIC and a descriptionofthe duties ofthe 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 includedherein 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 inexcess ofthebase enrollment of 

### 151. The Governor,Lieutenant Governor,ChiefJudge and Associate Judges are elected by the Community for a three-year term. A copy of the Constitution and Bylaws ofthe GRICisprovided in this Application

### asAttachment

### B.
The Governor

### is the Community's chiefexecutive officer. The Lieutenant Governoractsto 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 officeris permitted to participate in discussion ofTribal business and is permitted to vote in the case ofa tie.
TheCommunity is governed

### by the CommunityCouncil.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 ofthe duties ofthe governing body. 

### A copy of the Constitution and Bylaws of the GRIC is included in AttachmentB.
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 departmenthas grown from an initial staffofsix in 1995 to a staff of30in 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 forAir 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 ofPink 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 ordinanceson 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 ofthe medical waste incinerator until suchtime that the quench system on the air pollution control system could be fitted with abackup 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 immediatelyterminated operations and installed a secondary sourceofwater 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 authorityto 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

7personnel conducted 

### an investigation, took samples and issued a citation. The GRIC Police Department also confiscated the pumper truck. The illegal dumperwas orderedto 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 actionsthat resulted in the cleanupof largetirepiles, 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 ofthe 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 programsin 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 Communityunder the WaterRights 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 QualityManagement Program Plan includes over 15 ordinances that have been developed to protect air quality withinthe 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 theDEQ.


### The GRIC DEQ has implemented a compliance inspection and enforcement training program for DEQ employees, GRIC attorneys, Tribal Rangers and police. TheDEQ 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 forenforcementpersonnel.
The Gila River Indian Community has a Tribal Court system for adjudication of violations of GRIC Air QualityManagement 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 theTribal 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. 

### Descriptionof 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 QualityProject Associate have associate degrees. The Air Quality Project Associate is currentlypursuing 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 Staffhave 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
areincluded in Attachment D foryour review. 

### Description ofAccounting and Procurement 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 DEQEnvironmental Accomplishments is provided in Attachment D
as a demonstration of the success of the GRIC DEQ programs 

### in achieving results for protecting the environment.
Thefollowing 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 AirToxicsAssessment 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,V97902601-41 9. Hazardous Waste Management Grant Program for Tribes, 

### Haz. WasteCRCA, HW97941001-2 10.Brownfields Economic Redevelopment, Showcase Grant,BP9897820 1-5 11. State & Tribal ResponseProgram, RP97980001-2 12. Brownfields Aerodyne Site, BF96946601-0 13. TribalUnderground Storage Tanks, L96949506-0 14. Non-Point Source Management Program Pee Posh Wetlands-NPS CWA 3 19,C9-96941101-0 15. Brownfields Clean-up Cooperative Agreement-St. Johns Mission, BF96913601-0Additional Information


### In addition to the informationprovided under the CleanAir 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: JenniferAllison-Ray,Lieutenant Governor, Gila

### RiverIndianCommunity JenniferGigGIUC

### GeneralCounsel DouglasMcDaniel, Enforcement Manager, AirDivision, EPA Region 

### IX Darrell Harmon, Senior IndianProgram Manager ColleenMcKaughan, Associate Director, Air Division, EPA Region 

### IX WienkeTax,Air QualityPlanner, EPA Region IX