Greenaction 

Environmental Activist Organization 

Comments & Responses 

1) Comment: We urge the GRIC DEO to immediately shut down Romic Southwest: 

Response: The tribal leaders of the Gila River Indian Community ("GRIC" or 

"Community") are committed to protecting the health and welfare of all Community 

members while maintaining an atmosphere for economic development for selfsufficiency and employment opportunities for tribal members. The role of the GRIC DEQ 

is to work with tribal committees and council to implement and enforce environmental 

laws. The DEQ does not have the authority to permanently close an industrial facility at 

the sole discretion of the department. The GRIC Tribal Council has the exclusive 

authority to take such an action. 

The Community feels that the air quality ordinances applicable to the Romic facility will 

provide sufficient pollution control for the protection of health and the environment. The 

Environmental Protection Agency (EPA) is currently developing a RCRA Part B permit 

for Romic Southwest that will regulate the treatment, storage and disposal of hazardous 

waste. At this time the ordinance is on hold until a risk assessment for the RCRA permit 

can be completed. The results of the assessment will enable the DEQ Air Program to 

determine protective standards for this facility's air quality emissions. Another important 

component of the permit ordinance is when reviewing a facility's permit application, 

GRIC will take into consideration a company's past history of compliance with 

environmental regulations. Many jurisdictions do not include this authority in their 

existing permit requirements. 

2) Comment: We request that the ordinance be amended to requ.ire that all tribal 

members living on the reservation be notified bv mail of all opportunities for public 

comment regarding industrial facilities operating or proposed at GRIC. 

Response: The GRIC DEQ has conducted extensive outreach both on and off of the 

Community since TIP development began seven years ago. Each of the seven districts 

within GRIC hold community meetings twice a month, and air quality staff regularly 

attend these meetings to provide information and request input from tribal members as 

the TIP progresses. There is also a local tribal newspaper which is utilized by many 

GRIC departments to distribute information to residents. Public hearings are also a 

forum which Community members may attend to submit written or oral comments. The 

air program also keeps an extensive mailing list, and GRIC members may request 

placement on the list if they wish to receive information by mail. This outreach process 

has proven successful to disseminate information reservation-wide and is utilized by 

many tribal entities. Currently the air program lacks the resources to individually mail 

information to all GRIC residents within the Community. Also, insufficient housing for 

tribal members often results in temporary living arrangements and presents unique 

challenges when trylng to reach individual residents by mail. 
3) Comments: Emission limits should be based on 11ealtl1 protection rather than iust the 

technology available to control emissions: 

Response: All other things being equal, this statement is absolutely correct. However, a 

large, primarily rural reservation like GRIC with few large sources would be less 

protected with ambient air quality-based emission limits like those requested in the 

comment. Minimum technology-based limits as in the TIP are in almost every case more 

stringent than limits intended to achieve the NAAQS or some other air quality-related 

criterion. Indeed, in most cases technology-based limits are several times more stringent. 

Nevertheless, in recognition of the fact that there could be individual exceptions to this 

principle, the TIP ordinance, at 4.4(A)(2)(a) and (b), provides that if an emission limit is 

insufficient to protect the NAAQS or otherwise protect public health, it can be adjusted 

downward accordingly. 

4) Comment: We are extremely concerned that in the section on Continuous Source 

Emissions Monitoring the document says that the GRIC is in discussions about the 

possible siting of a fossil fuel fired power plant. 

Response: Nowhere in this ordinance nor in any other GRIC ordinance (or other 

document of which we are aware) does it suggest that the Community is in discussions to 

locate any type of power plant on the reservation. The Continuous Source Emissions 

Monitoring section of the TIP lists types of large emissions sources that are required to 

conduct continuous monitoring, and a power plant would certainly fall into a large source 

category. The Clean Air Act requires inclusion of this information to cover various large 

sources even if the facilities are not proposed or do not even exist. This does not indicate 

that GRIC is planning to locate a power plant within the Conlmunity. It simply means 

this particular regulatory requirement must be included in the ordinance or there may be 

an approvability issue when the TIP is submitted to the EPA. 

5) Comment: The national emissions standards for hazardous air pollutants in the TIP 

are inadequate. The federal standards are not based on what is healthy, are unscientific as 

they do not consider cumulative impacts or existing body burdens in the Communiw. 

Response: Currently, the national standards for hazardous pollutants are based on the 

maximum (most effective) technology available. The Environmental Protection Agency 

(EPA) is in the process of reviewing the existing standards and conducting a risk 

assessment to determine the impact these pollutants may have on human health after this 

technology is implemented. Based on the results of tlie risk assessment, EPA may revise 

the standards as necessary, and the more stringent emissioi~s limits will be adopted by 

GFUC accordingly 

6) Comment: The preamble to the enforcement ordinances should include a goal to shut 

down chronic violators: 

Response: At this time, enforceable air quality regulatioils do not exist until the tribal 

council approves the TIP. The Community feels that in order to protect tribal members it 

is extremely important to have a structure in place for the purpose of regulating sources 

of air pollution. The purpose of the TIP is to implement a plan to accomplish this goal. 

The DEQ Air Program has worked with industry on a compliance assistance basis and for 
the most part has been very successful Clearly a source's compliance record and ability 

to comply with applicable requirements is a significant factor in determining whether a 

permit should be issued or renewed. 

7) Comment: Civil and criminal enforcement fines should be more than $5000 - 

$10,000: 

Response: GRIC feels the dollar amounts in the TIP are more than adequate when 

determining fines levied against an industry or an individual. An additional enforcement 

tool is the Community's authority to require an industrial facility to comply with all 

GRIC laws and ordinances or risk termination of their lease with the Community. In 

addition, the DEQ will take into account the economic advantage gained by a violator by 

operating in non-compliance and levy fines accordingly. 

8) Comment: It is positive that the ordinance and laws will allow citizen suits against 

industries that might violate the law. 

Response: The GRIC DEQ appreciates Greenaction's positive comments. 

9) Comment: The GRIC is improving its procedures by allowing members of the public 

to appeal decisions of the GRIC DEQ. This is an importailt right for tribal members, so 

we applaud this provision. 

Response: The GRIC DEQ appreciates Greenaction's positive comments. 

10) Comment: Industrial facilities should be required to pave parking lots, not just 

obtain a permit: 

Response: The fugitive dust ordinance requires an industrial facility to acquire a permit 

if vehicle traffic in a business parking lot exceeds 20 vehicle trips per day. If a facility 

meets the vehicle criteria, a dust control plan must be submitted with their operating 

permit application. The ordinance gives several options to control dust, such as the 

application of a palliative, gravel, paving or using an effective alternative control measure 

approved by the-~e~artment. paving a parking lot is often cost prohibitive for many 

entities, so other allowable control methods may be utilized to achieve the same results. 

11) Comment: This section appears to be very good, and commits the Director to 

protection of the GRIC and keeping Comlnunity members informed and involved in the 

public processes. We also applaud the power of the Director to inspect any facility at any 

time without notice to the industry, as this is essential for protection of the GRIC and 

exercise of tribal sovereimty. 

Response: The GRIC DEQ appreciates Greenaction's positive comments. 

12) Comment: Exempting incinerators with less than 25 pounds per hour rated burning 

capacitv from permitting requirements is a mistake: 

Response: This exemption has been deleted from the ordinance. However, there are no 

small incinerators at GRIC and this deletion will not affect any sources. 
13) Comment: Why is agricultural land use exempted as a negligible - source, and why 

aren't pesticide issues dealt with in an air quality pennit? 

Response: The GRIC DEQ comprehensive Pesticide Program is in a separate ordinance 

that regulates the application, usage and storage of pesticides in the Community. The 

ordinance has been very effective at managing pesticides at GRIC. 

For centuries agriculture has been and will continue to be a vital part of the Pima and 

Maricopa culture. Agricultural best management practices for dust control are routinely 

utilized by farmers at GRIC on a voluntary basis. Air Quality staff promptly respond to 

local dust complaints regardless of the source and have been successful in handling issues 

by simple communication and compliance assistance. Other agricultural sources such as 

cotton gins and seed de-linting plants will be required to obtain a permit and comply with 

the visible emissions and other regulatory requirements. The initial land clearing for a 

new agricultural fields measuring one acre or more will require an earth moving permit 

and dust control plan during the clearing phase. Once the field is established and in 

practice, best management practices will be required to control dust. 

14) Comment: The "permit renewal" lanmlage implies a permit will automatically be 

renewed, therefore we suggest the language should be revised to read "prior to a permit 

decision". Also, the review of a Title V permit application often takes longer than the 

allowable time table in the ordinance. We suggest the 18 month review period be revised 

to 24 months. 

Response: The GRIC DEQ agrees the peniiit renewal language will be more precise 

with the suggested revision, and the change will be incorporated into the ordinance. 

However, the 18 month review timeline for a Title V permit renewal application is a 40 

CFR Part 70 requirement and cannot be revised by GRIC. 

15) Comment: Content of permit applications must be correct and accurate: 

Response: Part I1 of the TIP contains measures to ensure tliat applications submitted to 

the DEQ meet all permit requirements. After a facility subinits a permit application, the 

Air Program will review it for completeness and has the ability to deny an application if 

the required information is incomplete. Moreover, a permittee must certify the accuracy 

and completeness of the application. 

16) Comment: The ordinance allows a Non-Title V source up to six months to do a 

performance test to determine compliance with applicable regulations. There should be a 

stricter timeline for source testing as well as an established time frame for reporting test 

results back to DEQ. 

Response: When a facility is required to conduct a performance test, it must do so at 

full operating capacity and test results are required to be submitted to the Department. In 

some cases it may take a substantial amount of time to get all equipment up to full 

capacity and pollution control equipment operating at full efficiency. In addition, a 

compliance plan may be part of a permit application which may allow a facility to meet 

compliance milestones over a period of time. Perfonnance testing and reporting are a 
compliance milestone. Thus, failure to meet the required performance testing deadline is 

a violation of the permit. 

17) Comment: Excess emissions for start up or shut down or other incidents should 

always be a violation: 

Response: For many industrial facilities, the technology is such that the start up and shut 

down of equipment produces excess emissions for short periods of time. Nevertheless, 

Excess emissions from start uplshut downs were always considered violations. However, 

if certain strict criteria specified in the regulations are met, the permittee may qualify for 

an affirmative defense to subsequent civil prosecutioi~. 

18) Comment: Continuous source emissions monitoring should apply to all major 

sources: 

Response: For certain industrial processes, continuous source emissions monitoring for 

large sources is an effective and practical means to monitor pollutai~ts on a real-time basis. 

However there are a number of instances where this particular method is not feasible. 

The Director may requirelapprove on a case by case basis alternative monitoring 

requirements. Some of the circumstances that would prohibit continuous emissions 

monitoring are: 

- Some pollutants cannot be continuously monitored 

- physical plant limitations 

- there is no measuring device to provide an accurate determination of emissions 

- the affected facility is infrequently operated 

19) and 20) Comments: The Community should prohibit health incinerators, municipal 

waste combustors and other commercial waste treatnleilt and 11i.ghly polluting industries 

from lo cat in^ at GRIC. We also recommend banning fossil-fuel power plants and other 

facilities that import waste onto the Community. 

Response: The role of the GRIC DEQ is to protect the natural resources and the 

environment within the boundaries of the Gila River Indian Community utilizing a 

regulatory structure and education. The DEQ works closely with tribal leadership, other 

GRIC departments and outside environmental agencies to achieve this objective. All 

decisions regarding business proposals are policy decisions made by GRIC Tribal 

Council. The DEQ provides leaders with informatioil and available options so informed 

decisions can be made, and then carries out duties to implement established policies for 

environmental protection. The Community's decision to proceed with an air quality 

management plan illustrates GRIC's desire to protect air quality while maintaining a 

healthy environment for economic development. 

21) Comment: We suggest that GRIC require that all companies operating on tribal 

lands develop and implement pollution prevention programs. 

Response: Pollution prevention programs are currently on a voluntary basis at GRIC, 

and several companies are implementing limited programs. The DEQ may institute 

mandatory Pollution Prevention Programs in the future.