### Greenaction Environmental Activist Organization



### Comments & 

### Responses

1) 

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

### Response: The tribal leaders ofthe 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 Councilhas the exclusive authority to take such an action.

The Community feels that the air quality ordinances applicableto the Romic facilitywill 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 ofhazardous
waste. At this time the ordinanceis on hold until a risk assessment for the RCRApermit

can be completed. Theresults of the assessment will enablethe DEQ Air Program to determine protective standards for this facility's air quality emissions. Another important component of thepermit ordinance is when reviewing a facility's permit application, GRIC will take into consideration a company's past history of compliance with environmental regulations. Manyjurisdictions do not includethis authority in their existing permit requirements.

2) 

### Comment: We request that the ordinancebe amendedto requ.irethat all tribal members living on the reservation be notified bv mail of all opportunitiesforpublic comment regarding industrial facilities operating orproposed at GRIC. 

### Response: The GRIC DEQ has conducted extensive outreach both on and off ofthe 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 Communitymembers 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 ifthey wish to receive informationby mail. This outreach process has proven successful to disseminate information reservation-wideand is utilizedby many tribal entities. Currently the air program lacks the resourcesto individuallymail information to all GRIC residents within the Community. Also, insufficient housing for tribal members often results in temporary living arrangements andpresents unique challenges when trylng to reach individual residents by mail.

### 3) 

### Comments: Emission limits should be based on 11ealtl1protection 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 isin discussions to locate any type ofpower plant on the reservation. The Continuous SourceEmissions Monitoring section ofthe 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 ofthis information to cover various large

sources even if the facilities are not proposed or do not even exist. This does not indicate that GRIC isplanning to locate apower plant within the Conlmunity. It simply means this particular regulatory requirement must be included in the ordinance or there may be

an approvabilityissue when the TIP is submitted to the EPA.



### 5) Comment: Thenational emissions standards for hazardous airpollutants 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 existingbody 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 ofreviewing the existing standards and conducting a risk
assessmentto determine the impact these pollutants may have on human health after this technology is implemented. Based on the results oftlierisk assessment, EPAmay revise the standards as necessary, and the more stringent emissioi~s limits will be adopted by GFUC accordingly



### 6) 

### Comment: Thepreamble to the enforcement ordinances should include a goal to shut down chronic violators: 

### Response: At this time, enforceable air quality regulatioilsdo not exist until thetribal council approves the TIP. The Community feels that in orderto protect tribal members it is extremely important to have a structure in place for the purpose ofregulating sources of airpollution. 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 forthe 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 violatorby 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 ofthe 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, notjust obtain a permit: 

### Response: The fugitive dust ordinancerequires an industrial facility to acquire apermit if vehicle traffic in abusiness 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 orusing an effective alternative control measure approvedby the-~e~artment. paving a parking lot is often costprohibitive for many entities, so other allowable control methods may be utilized to achieve the sameresults.

11) 

### Comment: This section appears to be very good, and commits the Director to protection ofthe GRIC and keeping Comlnunity members informed and involved in the publicprocesses. 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 ofthe 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 frompermitting requirements is amistake: 

### 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 qualitypennit?



### Response: The GRIC DEQ comprehensive Pesticide Program is in a separate ordinance that regulates the application, usage and storage ofpesticides in the Community. The ordinance has been very effective at managing pesticides at GRIC.

For centuries agriculture has been and will continueto be a vital part ofthe 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 ofthe 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 requiredto 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 requiredto control dust.

14) 

### Comment: The "permit renewal" lanmlageimplies apermit will automaticallybe renewed, therefore we suggest the language should be revised to read "prior to apermit 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 18month review timeline for a Title V permit renewal application is a 40 CFR Part 70requirement and cannot be revisedby GRIC.

15) 

### Comment: Content of permit applicationsmust be correct and accurate: 

### Response: Part 

### I1 ofthe TIP contains measures to ensuretliat 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, apermittee must certify the accuracy and completeness ofthe application.

16) 

### Comment: The ordinance allows aNon-Title V sourceup to six months to do a performance test to determine compliance with applicableregulations. There should be a stricter timeline for sourcetesting as well as an established time frame for reporting test results back to DEQ. 

### Response: When a facility is required to conduct aperformance test, it must do so at full operating capacity and test results are required to be submittedto the Department. 

### In

some cases it may take a substantial amount oftime to get all equipmentup 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 oftime. Perfonnance testing and reporting are acompliance milestone. Thus, failure to meet the required performance testing deadline is a violation of the permit.

17) 

### Comment: Excess emissions for startup or shut down or other incidents should alwaysbe 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 oftime. Nevertheless, Excess emissions from startuplshut 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 anumber of instances where this particular method is not feasible. The Director mayrequirelapprove on a case by case basis alternative monitoring requirements. Someofthe circumstances that would prohibit continuous emissions monitoring are:



### - Somepollutants 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.ghlypolluting 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: Therole ofthe 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 achievethis objective. All decisions regarding business proposals arepolicy 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 establishedpolicies for environmentalprotection. 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.