Jul 28. 06 04:53p ARPA

ARIZONA ROCK PRODUCTS ASSOCIATION

July 27,2006

Daniel Blair Air Quality Specialist Gila River Indian Community Department of Environmental Quality P.O. Box 97 Sacaton,Arizona 85247 Dear Mr. Blair, TheArizona Rock Products Association (ARPA) would like to thank the Gila River Indian Community Department of Environmental Quality (GRIC DEQ) for the opportunityto submit formal comments in response to the recently drafted Tribal Implementation Plan (TIP). We would like to extend appreciation for the good faith the Gila River Indian Community has displayedby conducting workshops and maintaining communications with stakeholders as the proposed 

### TIP was developed. We share a mutual goal of fostering a regulatory structure that results inreal environmental and public health benefits while maintaining a strong and vibrant base for economic development and opportunity within the Gila River Indian Community. Further, coordinated efforts between the regulated community and the regulating agencies will continue to be necessary in orderto eliminate rule ambiguity, compliance uncertainty, and

. enforcement errors. Joint effortswill also lead to the continued development of alternative approaches that facilitate compliance and protect environmental and public health. 

### Following are ARPA's general and section specific comments to the 

### TIP: Since the final TIP 

### and development of a permitting program is one of the lengthiest most comprehensive air quality documents ever proposedby GRIC, the continued input of the regulated community is critical to developing 

### an effective and workable plan. 

### ARPA, once again, appreciates the opportunity to be involved in this significant process and requests to participate in future stakeholder meetings. It is our understanding that since the TIP is contingent on Reasonably Achievable Control Measures (RACM) onlytechnically and economically feasible alternative control measures that satisfythe objective outlined in the 

### TIP wouId be considered and incorporated into the final plan. As discussed 

### in a meeting with Dan Blair of GRIC DEQ, some ofthemeasures in the TIP contain optionsthat mapnot be technically or economically feasibleorpose implementation

916 WestAdams Street Phoenix.AZ 85007-2732 (602) 271-0346 Fax (602) 255-0363 E-Mail: arpa@prirnenet.com

# - Jul 28. 06 04:54p ARPA 4

challengesfiom an administrativestandpoint. Further, ARPA has provided concreteinformation demonstrating concerns

### with specific measures and provisions ofthe TIP from a technical or economic standpoint. ARPA requests 

### an Economic, Small Business, and Consumer Impact Statement. With respect to the proposed 

### TIP the Impact Statement should provide a comprehensive economic and technicalreview ofthe candidate control measures necessary for compliance.For example, the 

### TIP does not identify the emission reductions expected from the imposition of various control practices, nor does it calculate the expected reduction in emissionsper dollar spent on control. Without this analysis, it is impossible to determine whether the proposed controls are effective at all, let alone cost-effective. It is not enough to simply include a measure used in another jurisdiction without conducting a GRIC-specificeconomic and technical feasibility analysis. First, considering what the measures are, there isno guarantee that other jurisdictions conducted the analyses required by Federal law when they adopted various requirements. ARPA appreciates administrative consideration of alternative emission controls. This approach will provide benefits to all because it would foster control technology innovationby allowingregulated companies to develop and implement improved control measures that address the specific and unique conditions they face. Byincluding a provision 

### in Section 

### VII ofthe TIP that includes allowances for alternative measures that achieve equivalent or better emissions control, operations areprovided with the opportunity to demonstrate why 

### a control measure is not possible, applicable or effective in a specific situation and to make a showing of 

### an equivalent orbetter alternative that would meet the requirements of the rule. SpecificCommentsReaardinp the Gila River Indian Community TIP in Its Current Form: PART 

### V. Area Source Emission Limits 

### 4.0 Unpaved Parking Lots 

### -Is there 

### a list of dust palliatives approvedbythe Department, and can ARPA get 

### a copy ofthose recommendations? O Unpaved HauWAccess Road -ARPA requests that "apply water" be the primary dust

control option in section 5.1. 10.2 Bulk Material Hauling On-Site Within the Boundaries ofthe Work Site C. Trackout control device -ARPA isunable to locateTable 1 (Trackout 

## - 1 

### J, 2J, 3J) ofthis section. 1 0.5 Open Storage Piles 10.5(B)1. 

### - Stockpiles are active and routinely change shape or position. They cannotbe covered. ARPA requests to see a qualifier placed in this language that this option was intended for "small piles" as stated in a meeting with GRIC 

### DEQ, rather 

### than large working stockpiles that are representative of our industry.Jul 28 06 04:54p RRPA

During a wind event covering stockpiles would create incredible safety and logistical issues. The rock products industry does not consider this measure a viable option for our operations under any circumstances. ARPA Safety Compliance Concerns Regarding Attempting to Cover Stockpiles: 30 CRF 56/57.11001

## - Safe means of access shall be provided and maintained to 

### all working places. 

### 30 CFR 77.205(a) 

### - Safe means of access shall beprovided and maintained to all working places. These standards require that safe access beprovided to any place in or about a mine where work isbeingperformed. Issues to Consider in Determining Compliance: Is permanent or temporary access provided to all workingplaces? Are miners climbing

### the equipment or machinery to access work places? Are fall-of-person hazards createdby a lack of a stairway, ladder, ramp, or by the "sail effect" that might carry a worker into a fall hazard event? 30 CFR 656157.15005 Safety belts and lines 

## - Safetybelts and lines shall be worn when persons work where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered. 30 CFR 477.171

### 0 (g)

## - Safety belts and lines wherethere is danger of falling; a secondperson shall tend the lifeline when bins, tanks, or other dangerous areas are entered. 10.5(B)2. - Apply water to maintain a soil moistwe content at a minimum of hvelve (12) percent is unnecessary. According to the revised AP-42 Emission Factors 

### > 1.5% moisture content is considered "controlled'' material. ARPA requests the addition of maintaining a visible crust meets stabilization requirements in this section. 12.1 (A) -ARPA has concerns with the adoption of Maricopa County Appendix C which would include test methods that are not currently necessary for compliance with the TIP. (i-e.stabilization for open areas other than construction sites) Further, Modified Method 9 is under litigation and should not be considered in the 

### TIP. PART VII. SourcelCategory Specific Emission Limits for Existing and New Sources 3.1 

### - Do the opacity standards for specific pieces ofin this section only apply to new facilities since the numbers come from the New SourcePerformance Standards? Are applicable facilities in operation before 

### 1983 exempt?Jul 28 06 04: 54p RRPR



### 7.2 

## - ARPA members are concerned about the amount ofrecordkeeping required in this section 

### and arenot certain ofthe environmental benefits. In the meeting with GRIC DEQ, 

### ARPA members requested 

### GRIC DEQ to consider the idea of "visual surveys" 

### with daily checklists and quarterly Method 9's. 

### ARPA is also concerned with the amount Smoke School is currentlybeing offered and who willbe conducting the training in the future. Can GRIC DEQ assist with this? ARPA has also has concerns with the current compliance schedule, but understands that 

### it is the intention of the 

### GRIC DEQ to work with companies to raise awareness regarding 

### TIP requirements and compliance assistance. ARPA requests further flexibility, due to control device availability, associated costs, administrative and implementation challenges,be exercised. We once again extend our appreciation for the opportunity to meet with members ofthe GRIC DEQ and comment on the proposed 

### TIP. Wehope our comments receive thoughtful considerationas the 

### TIP package is finalized. Please feel free to contact us 

### if you have any questions regarding this issue.

Steve~russell' Community Relations Director