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# Proposed Rules Federal Register

Vol. 75, No. 155

Thursday, August 12, 2010

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices isto give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 300

[REG-139343-08]

RIN 1545-BI71

User Fees Relating to Enrollment and Preparer Tax Identification Numbers; Correction

AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice ofproposed rulemaking and notice ofa public hearing.

SUMMARY: This document contains a correction to a notice ofproposed rulemaking and notice ofa public hearing (REG-139343-08) that was published in the Federal Register on Friday, July 23, 2010 (75 FR 43110). The proposed regulations contain proposed amendments to regulations relating to the imposition of certain userfees on certain tax practitioners. The proposed regulations establish a new user fee for individuals who apply for or renew a preparer tax identification number.
FOR FURTHER INFORMATION CONTACT: Emily M. Lesniak, (202) 622-4940 (not

atoll-free number).
SUPPLEMENTARY INFORMATION: Background

The notice ofproposed rulemaking and notice ofapublic hearing thatis the subject ofthis document isunder section 6109 ofthe Internal Revenue Code.

Need for Correction

As published, the notice ofproposed rulemaking and notice ofa public hearing (REG-139343-08) contains an

error thatis misleading and is in need ofclarification.

CorrectiontoPublication

Accordingly, the notice ofproposed rulemaking and notice ofa public hearing which was the subject ofFR Doc. 2010-18198 iscorrected as follows: Onpage 43110, column 1, in the heading, line 5, the language "RIN 1545- B171" is corrected toread "RIN 1545- B171".

LaNita VanDyke,
BranchChief,Publications and Regulations Branch,LegalProcessing Division,Associate Chief Counsel(Procedure and Administration).
[FRDoc. 2010-19881 Filed 8-11-10; 8:45 am]

BILLING CODE 4830-01-P

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 49 [EPA-R09-OAR-2007-0296, FRL-9188-9]
Approval and Promulgation of Gila River Indian Community's Tribal Implementation Plan
AGENCY: Environmental Protection Agency. ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA)proposes to approve the Gila River Indian Community's (GRIC or the Tribe) Tribal Implementation Plan (TIP)under the Clean Air Act (CAA) to regulate air pollution within the exterior boundaries ofthe Tribe's reservation. The proposed TIP isone offour CAA regulatory programs that comprise the Tribe's Air Quality Management Plan (AQMP). EPA approved the Tribe for
treatment in the same manner as a State (Treatment as State or TAS) for purposes of administering the AQMP and other CAA authorities on October 21, 2009. In this action we propose to act only on those portions ofthe AQMP that constitute a TIP containing severable elements ofan implementation plan under CAA section 110(a). The proposed TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of airpollution, enforcement authorities, procedures for administrative appeals andjudicial review in Tribal court, requirements for

area sources offugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations. The purpose ofthe proposed TIP is to implement, maintain, and enforce the National Ambient Air Quality Standards (NAAQS) in the GRIC reservation. The intended effect of today's proposed action is tomake the GRIC TIP federally enforceable. DATES: Comments mustbe received on

orbefore September 13, 2010. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2007-0296, by one ofthe following methods:

* http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

* E-mail:tax.wienke@epa.gov
" Fax:415-947-3579 * Mail:Wienke Tax, Air Planning Office, Environmental Protection Agency, Region 9 Office, 75 Hawthorne Street, San Francisco, CA 94105-3901.

* HandDelivery:Wienke Tax, Air Planning Office, Environmental Protection Agency, Region 9 Office, 75 Hawthorne Street, San Francisco, CA 94105-3901. Such deliveries are only accepted during the Regional Office's normal hours ofoperation. The Regional Office's official hours ofbusiness are Monday through Friday, 8 to 4:55 excluding Federal holidays.

Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-2007- 0296. EPA's policy is that all comments received will be included in the public docketwithout change and maybe made available online athttp:// www.regulations.gov,including any personal information provided, unless the comment includes information claimed tobe Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information thatyou consider to be CBIor otherwise protected throughhttp:// www.regulations.govor e-mail. The http://www.regulations.govWeb site is

an "anonymous access" system, which

means EPA will not know youridentity

orcontact information unless you provide itin the body ofyour comment. Ifyou send an e-mail comment directly
to EPA without going through http:// www.regulations.gov your e-mail address will be automatically captured andincluded as part ofthe comment that isplaced in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends thatyou include your
name and other contact information in the body ofyour comment andwith any

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disk orCD-ROM you submit. IfEPA
cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, andbe free of any defects or viruses. For additional information about EPA's public docketvisit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm.

Docket:All documents in the electronic docket are listed in the http://www.regulations.govindex. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. certain other material, such as copyrighted material, is not placed on the Internet and willbe publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.govorin hard copy at the Air Planning Office, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California, 94105-3901. EPA requests thatifat all possible,you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to scheduleyour inspection. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office, Environmental Protection Agency, Region 9 Office, 75 Hawthorne Street, SanFrancisco, CA 94105-3901, (415) 947-4192 or tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms "we, "us", and "our" refer toEPA.

Table ofContents
I.Background II.CAA Requirements and the Role ofIndian Tribes A. What authorities may Indian Tribes

obtain under theCAA? B.What criteria must an Indian Tribe meet

tobe treated in the same manner as a State under theCAA? C. What is aCAA Implementation Plan? D. What is a Tribal Implementation Plan? 11.Evaluation oftheGRIC's Implementation Authorities A. How didthe GRIC demonstrate

eligibility tobe treated in the same manner as a State under the CAA? B.Howwould the GRIC administer and

enforce the TIP? IV. Evaluation ofthe GRIC's Tribal Implementation Plan A. What airquality goals does theGRIC

TIP address? B. What procedural requirements did the

GRIC satisfy? C. What authorities andrequirements does the GRIC TIP contain? 1.General Provisions 2. Permit Requirements 3. Enforcement 4. Administrative Appeals and Judicial

Review 5. Area Source Emissions Limits 6. Generally Applicable Individual Source

Requirements forExisting andNew Sources 7. Source/Category-Specific Emission

Limits forExisting and New Sources D. What other information has the GRIC

submitted to support the TIP? 1.Emissions Inventory 2. Air Quality Monitoring Network V. Proposed Action VI. Statutory and Executive Order Reviews

I. Background

EPA isproposing to approve a TIP submitted by the GRIC for approval under section 110 ofthe CAA. The proposed TIP contains general and
emergency authorities; procedures for the preparation, adoption, and submission ofthe GRIC's TIP and broader air quality management plan (AQMP)1; provisions adopting the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide, particulate matter, nitrogen dioxide, ozone, lead and carbon monoxide, as Tribal standards 2; permit requirements for

new and existing minor sources ofair pollutants; procedures for civil and criminal enforcement; requirements and procedures for administrative appeals andjudicial review in Tribal court; requirements for area sources offugitive dust and fugitiveparticulate matter; general prohibitory rules for existing and new sources; and source categoryspecific emission limits and standards for existing and new sources. The Tribe also submitted an inventory ofemission

sources on thereservation and information about its air quality monitoring program to support the TIP.

The Gila River Indian Community is

an Indian tribe federallyrecognized by the U.S. Secretary ofthe Interior (see67

1The TIP is one offour regulatory programs that comprise the AQMP. The otherthree AQMP
programs implement the New Source Performance Standards (NSPS)under CAA 111; the National Emission Standards for Hazardous Air Pollutants (NESHAP) under CAA 112; and title V operating permit requirements. Although the procedural requirements inthe GRIC's AQMP apply to the adoption, submission, and revision ofall AQMP
programs, inthis action we areproposing to approve these procedures as part ofand only for the
purposes ofthe TIP.

2 To date, GRIC has adopted only those Federal NAAQS that were effective as ofOctober 2006. This does not alter the applicability,within the GRIC reservation, ofany CAA requirement based on a

new orrevised NAAQS that the Tribe has notyet adopted under Tribal law.Nonetheless, to avoid confusion, we encourage the GRIC to adopt all new

or revised Federal NAAQS as Tribal standards and
to submit them to EPA as revisions to the TIP. FR 46328, July 12, 2002). The GRIC Department ofEnvironmental Quality (DEQ)was established by executive order in August 1995 by then-Governor Mary Thomas. Beginning in 1998, the GRIC DEQ, with assistance fromEPA, began developing a draft AQMP with the goal of submitting ittoEPA for approval under the CAA. On December 6, 2006, the GRIC also submitted a request that we findthe Tribe eligible for TAS pursuant to section 301(d) of the CAA andTitle 40, part 49 ofthe Code ofFederal Regulations (CFR), for the purpose ofimplementing the AQMP. Specifically, the GRIC DEQ requested a TAS eligibility determination for purposes of implementing fourCAA programs that together comprise the AQMP: (1)A Tribal Implementation Plan (TIP) that includes source-specific rules and a minor source permit program under CAA section 110; (2)the Federal New Source Performance Standards (NSPS) under CAA section 111; (3)the Federal National Emissions Standard for Hazardous Air Pollutants (NESHAP) under CAA section 112; and (4) an operating permit program undertitle V ofthe Act. In addition, the Tribe requested TAS for receiving notifications as an "affected State" under title V ofthe CAA and submitting recommendations toEPA on air quality designations under CAA section 107(d). OnOctober 21, 2009, EPA determined that the Tribe is eligible for TAS for these purposes. 3

The GRIC formally submitted the AQMP toEPA Region 9 on February 21, 2007, and submitted supplemental materials onJuly 11, 2007, June 22, 2009, andJuly 17, 2010. Having found that the GRIC is eligible for TAS to implement these regulatory programs, EPA is now proposing to approve the Tribe's TIP. We intend to act on the Tribe's title V operating permit program and request for delegation ofthe NSPS and NESHAPs in separate notice and
comment processes, as appropriate.

Approval and implementation ofthe GRIC TIP will be an important step in ensuring thatbasic air quality protection is in place to protect public health and welfare in the GRIC reservation, consistent with the CAA's overarching goals ofprotecting air resources throughout the nation, including air

resources in Indian Country.

3EPA has also previously approved the Tribe's applications for TAS eligibility for tribal water pollution control grants under Section 106 ofthe Clean WaterAct (CWA) (March 1990), airpollution control grants under Section 105 ofthe CAA (March 1999), and non point source management grants under Section 319 ofthe CWA (February 2004). 

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II. CAA Requirements andthe Role of Indian Tribes

A. Whatauthorities mayIndianTribes obtain underthe CAA?

The CAA is implemented in two basic ways. 4In the first approach, EPA is primarily responsible both for setting national standards or interpreting the requirements ofthe Act and for implementing the Federal requirements that are established. In general, this approach is reserved for programs requiring a high degree ofuniformity in their implementation-e.g., regulation of substances that deplete stratospheric

ozone under Title VI ofthe Act. See 59 FR 43956 at 43957.

The principal method ofCAA implementation, however, is through a cooperative partnership between the
states and EPA. While this partnership

can take several shapes, generally EPA issues national standards orFederal requirements and the states assume primary responsibility for implementing these requirements. Prior to assuming implementation responsibility, states must submit their programs to EPA and
must demonstrate thattheir programs meet minimum Federal CAA requirements. Among these requirements is the mandate that states demonstrate thatthey have adequate legal authority and resources to implement theprograms. Ifa State
program is approved or ifthe authority
to implement a Federal program is delegated to a State, EPA maintains an ongoing oversight role to ensure thatthe program is adequately enforced and implemented and to provide technical and policy assistance. See 59 FR43956
at 43957.

As part ofthe 1990 Amendments to the CAA, Congress enacted Section 301(d)authorizing EPA to "treat Indian tribes as States"under the Act so that Tribes may develop and implement CAA programs in the same manner as States within Tribal reservations or in other areas subject to Tribaljurisdiction. Section 301(d)(2) ofthe Act authorizes EPA to promulgate regulations specifying those provisions ofthe CAA "for which it is appropriate totreat Indian tribes as States." 42 U.S.C. 7601(d)(2).

On February 12, 1998, EPA issued a final rule specifying those provisions of the CAA for which itis appropriate to treat eligible Indian tribes in the same

manner as states, known as the Tribal

4Forabrief description ofsome ofthe many programs contained in the CAA, see "Addendum A
to Preamble-General Description of Clean AirAct Programs," 59 FR43956 at 43976 (August 25, 1994) (Indian Tribes: Air Quality Planning and Management, proposed rule). Authority Rule (TAR). 63 FR 7254, codified at 40 CFR part 49. As ageneral matter, EPA determined in the TAR that it isnot appropriate to treat tribes in the

same manner as states for purposes of specific program submittal and implementation deadlines. This is because, among other reasons (discussedat 59 FR at 43964-65), although the CAA contains many provisions mandating the submittal of State plans, programs, or other requirements by certain dates, the Act does not similarly require tribes to develop and seek approval ofCAA
programs. Thus, tribes are generally not subject to CAA provisions that specify

a deadline by which something must be accomplished, e.g., provisions mandating the submission ofState implementation plans under section 110(a) andPart D ofthe Act. 40 CFR 49.4. As a result, tribes are also not subject tothe section 179 sanctions and certain other Federal oversight mechanisms in the Actthat are triggered when states fail to meetthese deadlines

or when EPA disapproves a program submittal. 40 CFR 49.4(c), (d).

A tribe that meets the eligibility criteria for TAS may, however, choose
to implement a CAA program. A tribe
may also submit reasonably severable portions ofa CAA program, ifit can demonstrate thatitsproposed air program is not integrally related to program elements not included in the plan submittal and is consistent with applicable statutory and regulatory requirements. 40 CFR 49.7(c); see also CAA 110(o). This modular approach is intended to give tribes the flexibility to address their most pressing air quality issues and acknowledges that tribes often have limited resources with which
to address their environmental

concerns. Consistent with the exceptions listed in 40 CFR 49.4, once submitted, a tribe's proposed air
program will be evaluated in accordance with applicable statutory and regulatory criteria in a manner similar to the way EPA would review a similar State submittal. 40 CFR 49.9(h). EPA expects tribes to fully implement and enforce their approved programs and, as with states, EPA retains its authority to impose sanctions for failure to implement an approved airprogram. See 59 FR 43956 at 43965 (Aug. 25, 1994) (explaining EPA's rationale for treating Tribes in the same fashion as States for purposes ofmandatory sanctions for nonimplementation ofan approved part D program (CAA 179(a)(4)) and with respect toEPA's discretionary authority to impose sanctions (CAA 110(m)); 40 CFR 49.4. B. WhatcriteriamustanIndianTribe
meet tobe treatedin thesamemanner

asa Stateunderthe CAA?

Under section 301(d) ofthe CAA and the TAR, EPA may treat a tribe in the

same manner as a State forpurposes of administering certain CAA programs or grants ifthe tribe demonstrates that: (1) It is a federally-recognized tribe; (2)it has a governing body carrying out substantial governmental duties and
powers; (3)the functions to be exercised by the tribe pertainto the management andprotection of air resources within the exterior boundaries ofthe reservation (or other areas under the tribe's jurisdiction); and (4) itcan reasonably be expected tobe capable of carrying out the functions forwhich it seeks approval, consistent withthe CAA and applicable regulations.

To receive EPA approval ofaCAA
program, a tribe must, as athreshold matter, obtain a determination from EPA that itmeets these eligibility requirements. 40 CFR 49.6. As discussed in section IIIbelow, we previously determined thatthe GRIC
meets these eligibility requirements for
purposes ofimplementing the TIP and other CAA authorities.

C. What isa CAA ImplementationPlan?

Under the CAA, EPA has established NAAQS, or minimum air quality standards, for six pollutants found in ambient air: carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone (03), particulate matter (PM), and sulfur dioxide (SO 2). The NAAQS are based on comprehensive studies ofavailable ambient air monitoring data, health effects data, and studies ofeffects on materials. The primary standards are designed to protect the public from health risks, including children, people with asthma, and the elderly. The secondary standards are designed to prevent unacceptable effects on the public welfare, e.g., damage to crops and vegetation, buildings and property, and ecosystems.

An implementation plan is a set of programs and regulations developed by the appropriate regulatory agency to protect public health and welfare through the attainment and maintenance ofthe NAAQS. The regulatory agency is generally free to choose whatever mixofrequirements it determines best suits its specific circumstances so long as the implementation plan meets applicable requirements and ensures attainment andmaintenance ofthe NAAQS. These plans can be developed by states, eligible Indian tribes, or the EPA, depending on which entity has 48882

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jurisdiction in a particular area. Implementation plans developed by
states are called State Implementation Plans or SIPs. Similarly, plans developed by eligible Indian tribes are called Tribal Implementation Plans or TIPs. Occasionally, EPA will develop an implementation plan for a specific area. This is referred to as a Federal Implementation Plan or FIP. Following final approval and publication in the Federal Register, theprovisions ofa SIP, TIP or FIP become federally enforceable.

The contents ofa typical implementation plan may fall into three broad categories: (1)Agency-adopted control measures which consist of prohibitory rules or source-specific requirements (e.g., orders, consent decrees or permits); (2)agencysubmitted "non-regulatory" components (e.g., attainment plans, rate ofprogress plans, emission inventories, transportation control measures, statutes demonstrating legal authority, monitoring programs); and (3) additional requirements promulgated by the EPA (inthe absence ofa commensurate agency provision) to satisfy a mandatory Clean Air Act section 110 or part Drequirement. The implementation plan is a living document which canbe revised by the State or eligible Indian Tribe as necessary to address airpollution problems. Changes to the plan, such as

new and/orrevised regulations, that EPA approves following notice and
comment rulemaking become part ofthe federally-enforceable implementation plan.

A geographic area thatmeets or does better than a primary standard is called

an attainment area. An area for which there isinsufficient information to determine whether the area meets the NAAQS is called an unclassifiable area. An area that does not meet a standard,

or that contributes pollution to a nearby

area that does notmeet a standard, is called a nonattainment area. An area may be designated attainment or unclassifiable/attainment for some pollutants and nonattainment for others.

The CAA requires that the NAAQS be
met nationwide and requires states to adopt SIPs thatprovide for the implementation, maintenance, and enforcement ofthe NAAQS. CAA 110(a). For attainment and unclassifiable areas, the CAA requires
states to submit the basic program elements specified in section 110(a)(2) necessary toimplement the NAAQSe.g., enforceable emission limitations and other control measures (CAA 110(a)(2)(A)), a program to provide for the enforcement ofthese measures (CAA 110(a)(2)(C)), and necessary assurances that the State will have adequate personnel, funding, and authority under State law to carry outthe plan (CAA 110(a)(2)(E)(i)). For nonattainment areas, in addition to these basic program elements, the CAA requires states to adopt SIPs containing specific program elements in part D, Title I ofthe Act, in accordance with specified deadlines based on the severity ofthe air pollution problem.

D. What is a TribalImplementation Plan?

Section 301(d) ofthe CAA and the TAR authorize eligible Indian tribes to implement various CAA programs, including TIPs under section 110 ofthe Act. TIPs (1)are optional; (2)may be modular; (3)have flexible submission schedules; and (4) allow forjoint tribal and EPA management. 5

1. Optional

The CAArequires each State to adopt

a SIP. Unlike states, Indian tribes are not required to adopt a CAA implementation plan. In the TAR, we recognized thatnot all Indian tribes will have the need or the desire to implement an air pollution control program, and we specifically determined that itwas not appropriate
to treat tribes in the same manner as states for purposes ofplan submittal and implementation deadlines. See 40 CFR 49.4(a) (exempting Tribes from the plan submittal deadlines for nonattainment

areas set out in sections 172(a)(2), 182, 187, 189, and 191 ofthe Act); see also 59 FR 43956, 43964-67 (Aug. 25, 1994) (proposedTAR preamble) and 63 FR 7254, 7264-66 (Feb. 12, 1998) (final TAR preamble).

2.Modular

The TAR allows eligible Indian tribes
to submit partial elements ofa CAA program, so that they can target their
most important air quality issues without the corresponding burden of developing entire CAA programs. Under this modular approach, TIP elements that the eligible Indian tribe submits
must be "reasonably severable" from
program elements thatthe tribe chooses
not to submit. "Reasonably severable" elements are those that are notintegrally related to program elements not included in the TIP. See40 CFR 49.7(c);

see also59 FR43956, 43961-69 (Aug. 25, 1994) (proposed TARpreamble) and 63 FR 7254 (Feb. 12, 1998) (finalTAR

5Forguidance on development ofTIPs, see "Developing a Tribal Implementation Plan," Office ofAir Quality Planning and Standards, U.S. EPA, October 2002 (EPA452/R-02-010), http://

www.epa.govlairltriballtip2002/index.html. preamble). So, for example, a tribe may choose to submit a TIP that addresses only specific types of sources and/or specific air pollutants.

3.Have Flexible Submission Schedules

Neither the CAA northe TAR requires Indian tribes to develop TIPs. Therefore, unlike states, Indian tribes are not required to meet the plan submittal or implementation deadlines specified in the CAA. Indian tribes may establish their own schedules and priorities for developing TIP elements (e.g., regulations to limit emissions of a specific air pollutant) and submitting them tothe EPA. Indian tribes will not face sanctions for failing to submit or for submitting incomplete or deficient TIPs. See40 CFR 49.4; 59 FR 43956, 43964- 65 (Aug. 25, 1994) (proposedTAR preamble) and 63 FR 7254 at 7265 (Feb. 12, 1998) (final TAR preamble).

4. Allow for Joint Tribal andEPA Management

Consistent with the CAA and the TAR, a tribe may revise aTIP andtake

onnew programs based on changes in tribal need or capacity. In any case, EPA retains its general authority to directly implement CAA requirements in Indian Country as necessary or appropriate to protect tribal air resources. SeeCAA 301(a), 301(d)(4); 40 CFR 49.11; 59 FR 43956, 43958-61 (Aug. 25, 1994) (proposedTAR preamble explaining EPA's CAA authorities in Indian Country); 63 FR 7254, 7262-64 (Feb. 12, 1998) (finalTAR preamble). Thus, where a tribe chooses not to adopt a CAA program or adopts only a partial program, EPA may exercise its discretionary authority toissue such regulations as are necessary or appropriate to protect tribal air

resources. This type ofjoint management allows tribes to focus on their specific air quality needs while ensuring adequate protection oftribal air resources.

The CAA also authorizes EPA to enforce the regulations in an approved TIP. CAA 113. We work cooperatively with the Indian Tribe in exercising this enforcement authority.

III. Evaluation ofthe GRIC's Implementation Authorities

A. How didthe GRICdemonstrate eligibilityto be treatedin the same

mannerasa State underthe CAA?

By letter dated November 17, 2006 and submitted to EPA on December 6, 2006, the GRIC requested an EPA determination that the Tribe is eligible for TAS for the purposes of implementing fourCAA programs: (1)A 48883

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TIP that includes source-specific rules and a minor source permit program under CAA section 110; (2)the Federal NSPSs under CAA section 111; (3)the Federal NESHAPs under CAA section 112; and (3)an operating permit
program under title V ofthe Act. In addition, the Tribe requested TAS for receiving notifications as an "affected State" under title V ofthe CAA and for submittingrecommendations to EPA on air quality designations under CAA section 107(d). The GRIC submitted supplemental materials for its TAS eligibility request on October 6, 2008 andMarch 18, 2009. EPA notified appropriate governmental entities and the public ofthe Tribe's application and addressed allcomments received as part ofthatprocess.

On October 21, 2009, based on the information submittedby the Tribe, and after consideration ofall comments received in response to notice ofthe Tribe's request, EPA determined thatthe GRIC met the eligibility requirements of CAA section 301(d) and 40 CFR 49.6 for these purposes under the CAA. See Memorandum, "Gila River Indian Community: Eligibility Determination under 40 CFR part 49 for Clean Air Act Sections 107, 110, 111, 112, 114, and Title V," signed byLaura Yoshii, Acting Regional Administrator, EPA Region 9, October 21, 2009 (TAS Decision Document). Specifically, EPA determined that the GRIC had demonstrated: (1)That itis an Indian tribe recognized by the Secretary ofthe Interior (see 67 FR 46328 (July 12, 2002)); (2)thatit has a governing body carrying out substantial governmental duties and functions; (3)thatthe functions tobe exercised by the Tribe pertain to the management and protection of airresources within the exteriorboundaries ofthe Tribe's reservation;6 and (4) thatthe Tribe is reasonably expected to be capable of carrying out the functions to be exercised in a manner consistent with the terms and purposes ofthe CAA and all applicable regulations.

EPA notified the Tribe ofthis TAS eligibility determination by letter the

same day. See letter dated October 21, 2009, from Laura Yoshii, Acting Regional Administrator, EPA Region 9,
to the Honorable William Rhodes, Governor, Gila River Indian Community.

6The TAS Decision Document describes the geographic area within which the Tribe is approved for TAS. B. How wouldthe GRICadminister and enforce theTIP?

The proposed TIP wouldbe implemented primarily by the GRIC DEQ Air Quality Program staffand the Tribe's attorneys. Established in 1995, the GRIC DEQhas grown from an initial staffof six to a staffof26 in 2009. The Air Quality Program staffhas degrees ranging from Associate's to Master's degrees. They have received extensive training in TIP development, permit writing and regulatory enforcement. 7
Since 1995, the staffhas also demonstrated considerable capabilities in the programmatic, administrative, and legal functions ofimplementing an air quality program. OnJanuary 9, 2003, the GRICbecame the first Tribal Government thatEPA recognized as capable ofissuing permits with enforceable limitations on a source's potential to emit, following case-by-case EPA review. 8

As discussed above in section III.A, EPA evaluated the Tribe's implementation and enforcement capabilities as part ofour determination that the GRIC is eligible forTAS to implement this TIP and other CAA programs. Specifically, as part ofthat determination, EPA found that the GRIC is reasonably expected tobe capable of implementing and enforcing the TIP and other AQMP programs in a manner consistent with the terms and purposes ofthe CAA and all applicable regulations. SeeTAS Decision Document. Also as part ofthat determination, EPA entered into a Memorandum ofAgreement with the GRIC to facilitate intergovernmental cooperation in addressing criminal violations ofthe AQMP. See Memorandum ofAgreement Between the Gila River Indian Community and the U.S. Environmental Protection Agency Regarding Criminal Enforcement ofthe Tribal Implementation Plan Pursuant to the Clean Air Act and 40 CFRpart 49, dated October 21, 2009 (CriminalEnforcement MOA).

The GRIC DEQstaffisresponsible for inspecting facilities within the exterior boundary ofthereservation and responding to any complaints received. The GRIC air quality staff, and if needed, the GRIC tribal police, will

assume enforcement activities for the

7 See letter dated November 17, 2006, from William R. Rhodes, Governor, Gila River Indian Community, to Wayne Nastri, Regional Administrator, U.S. EPA Region 9 (transmitting TAS application), at page 10.

8 See letterdated January 9, 2003, fromJack Broadbent, Director, Air Division, U.S. EPA Region 9, to Dr. Patricia Mariella, Director, Gila River Indian Community DEQ. purposes ofcompliance with air regulations. Other GRIC agencies will also provide compliance and enforcement assistance, as appropriate, in accordance with applicable Tribal and Federal law. See GRIC AQMP, Part 1,Section 2.2.

Part III ofthe AQMP contains enforcement ordinances that establish requirements and procedures for civil and criminal enforcement. These ordinances authorize the GRIC DEQ to issue administrative compliance orders,

assess civil penalties, and take other enforcement actions against persons who violate requirements ofthe TIP or other requirements of the AQMP within the exterior boundaries ofthe reservation. These enforcement provisions are discussed further in Section IV.C.3 ofthis notice.

IV. Evaluation ofthe GRIC's Tribal ImplementationPlan

A. Whatairquality goalsdoesthe GRIC TIPaddress?

The Gila River Indian Reservation is located in south-central Arizona, adjacent to the Phoenix Metropolitan Area, in Pinal and Maricopa Counties. The entire reservation is designated attainment or unclassifiable/attainment for the following NAAQS pollutants: Lead (Pb), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2),particulate matter of2.5 microns

or less (PM2. 5), and ground-level ozone. 40 CFR 81.303. EPA had initially included the Maricopa County portion ofthe GRIC reservation in the Maricopa County CO nonattainment area, but in 2005 we corrected the nonattainment boundary to exclude the GRIC reservation and redesignated the reservation to "nonclassifiable/ attainment" for the CO NAAQS. See69 FR 60328 (October 8, 2004)(proposed rule) and 70 FR 11553 (March 9, 2005)(final rule), as corrected by 70 FR 52926 (September 6, 2005). Similarly, EPA had initially included the Maricopa County portion ofthe GRIC reservation in the Phoenix metropolitan 1-hour

ozone nonattainment area, but in 2005

we corrected the nonattainment boundary to exclude the GRIC reservation and redesignated the reservation to "unclassifiable/ attainment" for the 1-hour ozone NAAQS. See 70 FR 13425 (March 21, 2005)(proposed rule) and 70 FR 68339 (November 10, 2005)(final rule).9

9As explained inthe final rule, the effect ofthis action was to attach the Maricopa Countyportion ofthe GRIC reservation to the pre-existing "unclassifiable/attainment" area for the 1-hour

ozone NAAQS that consists ofall ofthose portions ofthe State ofArizona (includingthe rest ofthe 

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More recently, on October 14, 2009,

we notified the Governor ofArizona and affected Arizona tribes, including the GRIC, thatEPA was reviewing the initial recommendation to designate Pinal County as attainment/unclassifiable for the 2006 annual PM2. 5 standard, given
recent data indicating violations ofthe standard in the Pinal County area. On December 30, 2009, we notified the

same entities thatEPA was also initiating a redesignation of Pinal County to nonattainment for the 1997 annual PM 2. 5standard and for the 1987 24-hour standard for particulate matter of10 microns or less (PM1o). 10 We have asked the Tribes in Pinal County, including the GRIC, to provide recommendations concerning their Indian country lands.

The only criteria pollutant for which

a portion ofthereservation is currently designated nonattainment is PM 1o. The northern portion ofthe GRIC reservation lies within the Maricopa County (PhoenixPlanning Area) serious PM 10 nonattainment area. Approximately 92,000 acres ofthe GRIC reservation, alongits northern boundary, were included in the Maricopa County area when itwas originally designated as nonattainment (see 52 FR 29383, August 7, 1987) and reclassified from moderate
to serious for the PMo NAAQS. 61 FR 21372 (May 10, 1996)(reclassification to serious nonattainment effective June 10, 1996). The remainder ofthe GRIC reservation islocated in the portion of Pinal County thatis currently designated as unclassifiable/attainment for PM 10.40 CFR 81.303.

While State and local regulatory agencies in the Maricopa County PM 10 nonattainment area have developedSIPs to comply with the nonattainment area requirements of subpart 4 ofPart D, title I ofthe CAA, these SIP requirements do
not apply within the exterior boundaries ofthe GRIC reservation. Rather, the CAA, as amended in 1990, broadly authorizes EPAto protect Tribal air

resources by directly implementing the Act's requirements in Indian Country. CAA § 301(d)(4); 40 CFR 49.11; 59 FR 43956, 43958-61 (Aug. 25, 1994) (proposedTAR preamble explaining
EPA's CAA authorities in Indian Country); 63 FR 7254, 7262-64 (Feb. 12, 1998) (finalTAR). As discussed above, section 301(d) ofthe CAA also authorizes EPAto approve Indian Tribes

Reservation that lies inPinal County)that are not designated as a "nonattainment"area oras an "attainment"area subject to a maintenance plan. 70
FR 68339 at 68344.

10EPA's air quality designations forthe 2006 24- hoar Fine Particle (PM2.5)standard were published
in the Federal Register on November 13, 2009. 74
FR 58688. to implement their own CAA programs in Indian Country, provided they meet specified requirements.

The GRIC's TIP rules establish a basic air pollution control program for the protection ofair resources withinthe GRIC reservation. The regulations in the TIP are enforceable and function independently ofthe PM1o nonattainment area requirements of subpart 4 ofPart D, Title I ofthe Act and, therefore, are not integrally related
to these plan requirements. As such, the GRIC's plan submittal isreasonably severable from the PMo nonattainment

area plan elements not included inthe submittal, consistent with 40 CFR 49.7(c). We therefore turnto our evaluation ofthe GRIC DEQ's plan submittal in accordance withthe applicable statutory andregulatory requirements.

B. Whatproceduralrequirementsdid the GRICsatisfy?

Section 110(a) ofthe CAA requires that implementation plans be adopted by the State after reasonable notice and public hearing. EPA has promulgated specific procedural requirements for SIP revisions in 40 CFR part 51, subpart F. These requirements include publication ofnotices, by prominent advertisement in the relevant geographic area, ofa public hearing on the proposed revisions, a public comment period ofat least 30 days, and an opportunity for a public hearing.

The GRIC DEQdeveloped the AQMP from 1998 to 2006 in consultation with EPA Region 9. Following an extensive public commentprocess, on December 13, 2006, the GRIC Tribal Council adopted the AQMP under Tribal Law." The GRIC formally submitted the AQMP, which includes the TIP, to EPA Region 9 on February 21, 2007. On July 11, 2007, the GRIC submitted public
process documentation for theAQMP, including documentation ofa duly noticed public hearing held by the GRIC DEQ onJuly 20, 2006, inChandler, Arizona. We find thatthe GRIC's
process for adopting and submitting the TIP satisfied the procedural requirements for adoption and submission ofimplementation plans under CAA section 110(a) andEPA's implementing regulations.

11 See Gila River Indian Community Ordinance GR-06-06 (December 13, 2006). Although the Ordinance indicates thatthe Tribal Council adopted the AQMP on December 6, 2006, we generally refer
to the adoption date as December 13, 2006, consistent with the date ofthe GRIC Governor's signature. C. Whatauthorities andrequirements doesthe GRICTIPcontain?

The AQMP is comprised offour regulatory programs: (1)ATribal implementation plan (TIP) for the implementation, maintenance, and enforcement ofthe NAAQS under CAA 110; (2)regulations adopting the Federal New Source Performance Standards (NSPS)under CAA 111 as Tribal standards; (3)regulations adopting the Federal National Emission Standard for Hazardous Air Pollutants (NESHAP) under CAA 112 as Tribal standards; and (4) a Tribal operating permitsprogram under title V ofthe Act.

In this action, wepropose to act only

onthe TIP. We intend to issue separate Federal Register notices proposing action on the Tribe'srequests for delegation ofauthority toimplement and enforce the Federal NSPSs and to implement and enforce the Federal NESHAPs, consistent with applicable CAA and regulatory requirements. The GRIC DEQ is currently revising itstitle V permit regulations andhas requested that EPA not act at this time onthe title V provisions it submitted with the AQMP. SeeLetter dated June 22, 2009, from Margaret Cook, Executive Director, GRIC DEQ, to Laura Yoshii, Acting Regional Administrator, EPA Region 9, "Re: Technical Corrections tothe GRIC Air Quality Management Plan."

We discuss below each element ofthe TIP and our evaluation ofit inlight of applicable CAA requirements.12

1.General Provisions

Part I ofthe AQMP, "General Provisions," contains definitions, general authorities ofthe Director, procedures for the preparation, adoption, and submittal ofplan elements and revisions, and provisions adopting Federal NAAQS as Tribal standards. 13

Specifically, Section 1.0 ofPart I contains definitions that generally apply
to all AQMP programs, including the TIP.

Section 2.0 establishes the Director's general authorities, which include the responsibilities for: (1)Consulting with and making recommendations tothe GRIC Governor and Community Council

on matters concerning implementation ofthe AQMP; (2)encouraging industrial, commercial, residential and general development ofthe Community in a manner that protects and preserves

12Throughout this discussion,the term "Director"

means the Director ofthe GRIC DEQ. For ease of reference, we refer to each sectionofthe TIP as a section ofthe AQMP, consistent with the structure ofthe Tribe's submittal.

13See footnote 2. 

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air quality; and (3)notifying Community members and other members ofthe public on a regular basis ofincidences and areas in which the Tribe's adopted NAAQS were exceeded during the preceding calendar year, including the health risks associated with such exceedances. GRIC AQMP Part I, Section 2.1. These provisions satisfy the requirement in CAA section 110(a)(2)(J)
to meet applicable requirements ofCAA section 121 (relating to consultation) and section 127 (relating topublic notification), and also satisfy the requirement in CAA section 110(a)(2)(M) toprovide for consultation andparticipation by local political subdivisions affected by the plan.

In addition,ifthe Director determines that airpollution in any area constitutes

ormay constitute an emergency risk 14 to the health ofthose inthe area orif the ambient air quality standards adopted by the GRIC are likely to be exceeded, the Director must notify the GRIC Governor. The Governor may then restrain or enjoin any person from engaging in emissions-generating activity thatpresents an imminent and substantial endangerment to the public health or welfare or to the environment. The Governor may also, to the extent of the Governor's authority, declare that an emergency exists and prohibit,restrict,

or condition any ofthe following: motor vehicle traffic; retail, commercial, manufacturing, governmental, industrial

or similar activity; operation of incinerators and other facilities that emit the air pollutant ofconcern; the burning or other consumption offuels; theburning ofany materials; any and all other activity which contributes or may contribute to the emergency. Orders of the Governor issued under this provision are enforceable by the GRIC DEQ and the GRIC tribal police. GRIC AQMP Part I, Section 2.2. These provisions meet the requirement in CAA section 110(a)(2)(G) to provide for authority comparable to the emergency powers in section 303 ofthe Act.

Section 3.0 establishes procedural requirements for preparation, adoption, submission to EPA, and revision ofthe AQMP. These requirements include publication ofnotices, by prominent advertisement in the GilaRiverIndian News and by other appropriate means,
a public comment period ofat least 30 days, and a public hearing following reasonable notice ofsuch hearing. 15

14The Director's determination must bebased on scientific data in coordination with the GRICOffice ofEmergency Management (OEM) and consistent with OEM protocol. See AQMP PartI, Section
2.2.A.

15Consistentwith 40 CFR 51.102(c), however, the AQMP does notrequire a public hearing for any Section 3.0 also contains technical support requirements and procedures for parallel processing. These provisions satisfy the applicable procedural requirements ofCAA section 110(a)(2) and 40 CFR part 51, subpart F.

Finally, Section 4.0 ofPart I contains the GRIC DEQ's provisions adopting Federal primary and secondary standards and measuring methods for SO 2, PM10,PM2

### ., CO, ozone (8-hour), NO2, and Pb as Tribal air quality standards. These standards and measuring methods are consistent with the Federal NAAQS that were effective in October 2006, shortly before the GRIC adopted the AQMP. See 40 CFR 50.4- 50.8, 50.10-50.12 (2006). We are proposing to approve these air quality standards and measurement methods into the TIP.

We note that several revisions to the Federal NAAQS havebecome effective since October 2006,16 and that all Federal NAAQS apply within the GRIC reservation whether or not the Tribe adopts these standards into the TIP under Tribal law. See footnote 2, above. The GRIC's TIP provides for progress toward the implementation, enforcement, and maintenance ofthe Federal NAAQS by regulating emissions ofNAAQS pollutants within the reservation and establishing enforceable procedures to determine whether construction or modification of minor

sources will interfere with attainment or maintenance ofthe NAAQS, as effective in October 2006. Accordingly, we are proposing to approve the TIP, including those Federal NAAQS that the Tribe has adopted under Tribal law, as aprogram containing severable elements of aplan under CAA section 110(a) thatprovides for the implementation, enforcement, and maintenance ofthe NAAQS. We note, however, thatEPAretains its discretionary authority under CAA sections 301(a) and 301(d)(4) to directly implement CAA programs in the GRIC reservation and to promulgate such Federal implementation plan provisions

as are necessary or appropriate to protect air quality in the GRIC reservation.

change to anincrement ofprogress to an approved individual compliance schedule unless the change is likely to cause the source to beunable to comply with the final compliance date inthe schedule. AQMP Part I, Section 3.2.D(3).

16 See 71 FR 61224, October 17, 2006 (revised standards for particulate matter, effective December 18, 2006); 73 FR 67051, November 12, 2008 (revised standards for lead, effectiveJanuary 12, 2009); 75 FR 2938, January 19, 2010 (proposed rule to revise 8-hour ozone standards); 75 FR 6474, February 9, 2010 (revised standards for NO2 effective April 12, 2010); 75 FR 35520, June 22, 2010 (revised standards for SO2, effective August 23, 2010). 2.Permit Requirements
Part II ofthe AQMP contains permit requirements for new and existing

sources ofair pollution. Specifically, it contains a title V operating permit program for "title V sources," and a preconstruction review and operating permit program to regulate "non-title V
sources" (or "minor sources").

a. Title V Permit Requirements

By letter dated June 22, 2009, the GRIC DEQ requested that EPA not act on the title V operating permit regulations submitted aspart ofthe AQMP on February 22, 2007. EPA understands that the GRIC DEQ intends to submit a revised title V operating permit program ata later date, after adopting revisions
to address requirements ofthe CAA and implementing regulations.17 As such,

we are not taking action today on those elements ofPart II ofthe AQMP that pertain to title Vpermit program requirements.' 8 Atthis time, EPA remains the title V permitting authority for alltitle V sources within the exterior boundaries ofthe GRIC reservation.

b. Non-Title V Permit Requirements

Section 110(a)(2)(C) ofthe Act requires that each implementation plan include a program to regulate the construction and modification of stationary sources, including a permit program asrequired by parts C andD of title I ofthe Act, as necessary to assure that the NAAQS are achieved. Parts C andD, which pertain to prevention of significant deterioration (PSD)and nonattainment, respectively, address the major NSR programs for major stationary sources, and thepermitting program for "nonmajor" (or "minor") stationary sources is addressed by section 110(a)(2)(C) ofthe Act. We commonly refer to the latter program as the "minorNSR"program. Aminor stationary source is a source whose "potential to emit"is lower than the major source applicability threshold for

aparticular pollutant as defined in the applicable major NSR program.

The requirements thatminor source programs must meet tobe approved are outlined in 40 CFR 51.160 through 51.164. These regulations require states to develop "legally enforceable

17

EPA has, however, determined thattheTribe is eligible for TAS to implement atitleVpermit program (as noted above inSection ILA). Accordingly, the Tribe's submittal at alater dateof

arevised title Vpermit program neednotbe accompanied by another TAS eligibility request.

18

Theseinclude allregulatory definitions associated with title Vrequirements in Section 1.0; title Vprogram applicabilityprovisions in Section 2.0; thetitle V permittingregulations in Section 3.0; and requirements for title V permit revisions in Section 5.0. 

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procedures" to enable the State "to determine whether the construction or modification ofa [source] will result in-(1) a violation ofapplicable portions ofthe control strategy; or (2) interference with attainment or maintenance ofa national standard * * *." 40 CFR 51.160(a). The program must identify the types and sizes of

sources subject to review, and the State's plan must discuss the basis for determining which facilities willbe subject to review. 40 CFR 51.160(e).

Every State implementation plan currently contains a minorNSR program. Minor sources located on the GRIC reservation, however, have notto date been subject topreconstruction review under the CAA. EPA has proposed a Federal NSR permit program that would apply to, among others, minor sources in Indian Country where there isno EPA-approved permit program under the CAA,but this rulemaking has not yet been finalized. 71 FR 48696 (August 21, 2006) (proposedrule to implement NSR in Indian Country).

Although the Act does not require tribes to develop and seek EPA approval ofNSR permit programs, where a tribe decides to do so, EPA evaluates the
program in accordance with applicable statutory and regulatory criteria in a

manner similar tothe way EPA would review a similar State submittal. 40 CFR 49.9(h); 59 FR 43956 at 43965 (Aug. 25, 1994) (proposed TARpreamble); 63 FR 7254 (Feb. 12, 1998) (finalTAR preamble). For the reasons discussed below, we propose to approve the GRIC's minor NSR program in accordance with the TAR and the criteria for approval of minorNSR programs at40 CFR 51.160 through 51.164. Itis important to note,however, that we are proposing to approve this as

a base program suitable to the GRIC's reservation. Other Tribal NSR programs may differ significantly and should each be evaluated on a case-by-case basis in light ofair quality needs in the relevant

area.

The GRIC DEQ's minor NSR permit
program, entitled "Non-Title V Permit Requirements," applies to stationary

sources thatare neither "major"under the Act19 nor subject tothe requirements ofCAA title V.20 AQMP Part II, Section 2.1. For allmajor
sources, major modifications, and

sources otherwise subject to title V on the reservation, EPA will continue to implement applicable CAA permitting requirements, including the requirements ofparts C and D oftitle I ofthe Act, as appropriate.

Specifically, the GRIC's minor NSR permit program applies to any person who proposes to construct, operate, or modify any source that emits or has the potential to emit "regulated air pollutants," unless the source or modification is either (1)a major source

ormajor modification and/or subject to title V ofthe Act, or (2)exempt from review as "de minimis" underthe AQMP. SeePart II Sections 2.1.B, 2.1.C, 5.1.A. "Regulated air pollutant" is defined as any criteria pollutant, any air contaminant subject to an NSPS under CAA 111, any hazardous airpollutant (HAP)listed under CAA 112(b) or "ultrahazardous" air pollutant listed under CAA 112(r)(3), or any class I or II substance listed in CAA section 602.

A stationary source thatisnot a "major stationary source"under the CAA and that does not operate in conjunction with another facility or

source thatis subject to permit requirements may be exempt under Section 2.1.C from permit requirements

as a "de minimis facility," ifthe source's "actual emissions" 21 ofair pollutants

are equal to or less than all ofthe following levels:

TABLE 

### 1-"DE MINIMIS" THRESHOLDS IN THE 

### GRIC's MINOR 

### NSR PERMIT PROGRAM 2 2

Any single regulated air pollutant except a hazardous air pollutant

............................................................. 1 ton per year (tpy).

Any single hazardous air pollutant (HAP), or

................................................................................................ 1000 lbs per year (single HAP), or
Any combination of HAPs
............................................................................................................................. 1 tpy (com bination of HAPs).
Any single ultrahazardous air pollutant, or any combination of ultrahazardous air pollutants

..................... 300 lbs per year.

In addition, Section 2.1.C(2) identifies several types ofminor sources that are categorically treated as "de minimis facilities" and, therefore, exemptfrom permit requirements. These categorical "de minimis facilities" include agricultural equipment used innormal farm operations, except for equipment that is subject to requirements oftitle V

or 40 CFR parts 60 or 61; airconditioning equipment and general combustion equipment with aggregated input capacity ofless than 2MMBtu/ hour or, ifoil-fired, maximum rated input capacity or aggregated input capacity ofless than 500,000 Btu/hour; stationary storage tanks used for storing

19Section 302(j) ofthe CAAgenerally defines "major stationary source" as any stationary source that hasthe potential to emit atleast 100 tonsper year (tpy)ofany air pollutant, unless the statute specifies a different threshold. PartD oftitle I of the Act establishes lower major source thresholds based on severity ofaft pollution in nonattainment

areas. Forhazardous air pollutants (HAP), CAA organic liquids withtrue vapor pressure of 1.5 psia or less, or thathave a capacity of250 gallons or less; and portable internal combustion engines that, individually, have a rating less than 500 horsepower output or operate less than 200 hours per calendar year.

The GRIC DEQ's supporting documentation demonstrates thatthese deminimisfacilities are appropriately exempt from permit requirements based

on their insignificant environmental impacts, in accordance with the criteria
set forth inAlabamaPowerCo.v. Costle,636 F.2d 323 (D.C. Cir. 1979). SeeLetter dated June 22, 2009, from Margaret Cook, Executive Director, GRIC

section 112 defines "major source" as a source that emits orhas the potential to emit considering controls, in the aggregate, 10 tpyor more ofany HAP or 25 tpyor more ofanycombination ofHAP.

20Title V requirements apply to, among other

sources, any major source, any source subject to an NSPS under CAA 111, and any source subject to a NESHAP under CAA 112. 40 CFR 71.3(a), (b). DEQ, to Laura Yoshii, Acting Regional Administrator, EPA Region 9, "Re: Technical Corrections to the GRIC Air Quality Management Plan," enclosure entitled "MinorNew Source Review Demonstration."

The GRIC DEQ's minorNSR permit
program requires each applicant for a "non-title V" permitto submit, among otherthings, a certified application containing information about the facility, the industrial process, the
nature and amount ofemissions, and
any information needed to determine applicable technology-based emission limitations. In some cases, the GRIC DEQ may also require the source to

21Forany emissions unit at a minor source that
has notbegun normal operations, "actual emissions shallbe based on applicable controlequipment requirements andprojected conditions of operation." AQMP Part II, Section 1.0.D (definitions).

22AOMP Part I1 Section 2.1.C(1). 

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model its impact on ambient air quality in accordance with 40 CFR part 51, Appendix W.

Importantly, any new minor source that has a "potential to emit" (PTE) at or above specified levels, or a modification
atan existing minor source that increases a source's PTE by specified levels, will be subject to a technologybased emission limitation that reflects the Best Reasonable andDemonstrated Technology (BRDT), as determined by the GRIC DEQon a case-by-case basis. BRDT is defined as "an emission limitation or design equipment, work practice or operational standard" that is "basedon the maximum degree of reduction ofeach criteria pollutant or hazardous air pollutant determined on a case-by-case basis" orby rule, "taking into account energy, environmental, and economic impact, feasibility of achieving the emission limitation for a particular source, and the existing air quality in the area to be impacted bythe source." Part II Section 1.0. The PTE levels (or, for modifications, PTE increases) at which BRDT applies are identified in Table 2.

TABLE 

### 2-PTE THRESHOLDS AT WHICH 

### BRDT APPLIES IN THE 

### GRIC's MINOR 

### NSR PERMIT PROGRAM 2 3

For a new source, any single criteria pollutant

............................................................................................................................ For a new source, any single HAP

.............................................................................................................................................. For a new source, any combination of HAPs

.............................................................................................................................. For a new source, any single orany combination of ultrahazardous air pollutants

.................................................................... For a modification, an increase of any single criteria pollutant (that does not make the source a major source)

..................... For a modification, any single new HAP or increase in a HAP already emitted by the source
................................................. For a modification, an increase in any combination of HAPs already emitted by the source
.................................................... 75 tpy. 3 tpy. 5 tpy. 300 lbs per year. 25 tpy. 3 tpy. 5 tpy.

Each non-title V permit is issued for

afive-year term and must include,
among other things: (1)Enforceable emissions limitations or source- or unitspecific requirements that assure maintenance ofthe Tribe's adopted ambient air quality standards, protection ofpublic health, compliance with all applicable control standards, such as BRDT, NSPSs, NESHAPs, and other requirements of the CAA 24; (2) monitoring, testing, reporting, and recordkeeping requirements adequate to evaluate the source's compliance; (3)a requirement that any revision of an emission limitation, monitoring, testing, reporting, orrecordkeeping requirement be made in accordance with the permit revision procedures for non-title V

sources at Part II, Section 5.0 ofthe AQMP; (4) a requirement to allow the GRIC DEQ or EPArepresentatives to enter and inspect the premises at reasonable times; (5)a requirement to submitan annual compliance certification, and (6) arequirement to submitan annual emissions report. Part II, Section 4.4.A. Anon-title V permit authorizes both construction and operation ofthe minor source or modification.

The permit program establishes administrative procedures for the GRIC DEQ action on permit applications, including public notice and a comment period ofat least 30 days on all proposed new permits, permit renewals, and significant permit revisions. 25 AQMP Part II, section 4.6.A. The program also provides for public

2 3 Part 1I,Sections 4.2.A(2), 4.2.A(3)(c), 4.2.B.

24Generally, a source thatis subject to an NSPS
under section 111 ora NESHAP under section 112 ofthe CAA willbe subject to titleV permitting requirements and,therefore, not subject to GRIC's non-title V permit program. EPA has, however, exempted certain NESHAP area sources by rule hearings on such permit applications
upon written request. The issuance or denial ofa non-title V permit may be appealed administratively to the GRIC DEQ and, thereafter, judicially to the GRIC Tribal Court. See discussion below
at section IV.C.4, "Administrative Appeals andJudicial Review." Finally, the permit program contains stack height procedures consistent with the requirements of40 CFR 51.164; continuous source emissions monitoring requirements generally consistent with the provisions of40 CFR part 51, appendix P; requirements for the
treatment ofconfidential information; and permit fee provisions. AQMP Part II, sections 6.0, 9.0, 10.0, and 11.0. Our Technical Support Document (TSD) contains more information about these provisions and suggestions for improvement that do not affect our proposed action.

We propose to approve these procedures as legally enforceable procedures that establish a base program suitable to the GRIC's reservation and that satisfy the minimum requirements ofCAA section 110(a)(2)(C) and 40 CFR 51.160 through 51.164.

3.Enforcement

Part III ofthe AQMP contains requirements and procedures for civil and criminal enforcement against persons who violate AQMP provisions. Section 1.0 ofPart III authorizes the Director to take several kinds of civil enforcement actions against persons who violate AQMP requirements. First,

from title V permitting requirements. In those limited cases where a NESHAP area sourceis exempt from title V, such source mayberequired
to obtain a GRIC non-title V permit that identifies the applicable NESHAP, among otherrequirements.

25A significant permit revision is, among other things, anychange to a non-title V permit that will ifthe Director has reasonable cause to believe that a person has violated or is violating a provision ofthe AQMP or any requirement ofa permit issued under Part II, the Director may issue an administrative compliance order (ACO) requiring compliance as expeditiously

aspracticable but no later than 1year after the date the ACO was issued.An ACO becomes final and enforceable in the Community Court, unless within 30 days after receipt ofthe ACO, the alleged violator requests a hearing before an administrative law judge (ALJ) in accordance with the provisions of Part IV ofthe AQMP. Ifahearing is requested, the ACO does notbecome final until the ALJhas issued a recommended decision and the Director has issued a final decision onthe appeal.

Second, the Director may assess an administrative civil penalty ofup to $5,000 per day perviolation, and/or the GRIC Community Court may issue a civiljudicial penalty ofup to $10,000
per day perviolation, to any person found to be inviolation of an ordinance,

an ACO, or any provision ofapermit issued under Part II. Each day ofa failure toperform any act or duty for which a civil penalty may be assessed constitutes a separate offense. The Director is required to consider specified factors in assessing civil penalties, such as the size ofthe business, the economic impact ofthe penalty on the business, and the violator's good faith efforts to comply.

result in an increase inthe source's potential to emit a regulated pollutant ofmore than either 25

tons peryear orcertain "significant" levels in Section 1.0 ofPart I, whichever is less. AQMP Part II, Section 5.5.a(3). 

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Third, at the request ofthe GRIC Director, the GRIC General Counselmay file an action for a temporary restraining order, a preliminary injunction, a permanent injunction, or any other reliefprovided for by lawifthe Director has reasonable cause to believe that: (1) A person has violated or is violating any provision of an ordinance, an order requiring compliance with an ordinance, or any provision ofa permit; (2)a person has violated or is violating

an effective compliance order; or (3)a person iscreating an imminent and substantial endangerment to public health or the environment.

Finally, the Director may deny a request for a permit ifthe applicant is incapable ofmeeting the requirements ofan ordinance, andthe Director may revoke a permit issued by DEQbased on

afinding ofnoncompliance with material conditions in the permit or when continued operation would violate an ordinance or create a consistent pattern ofimminent and substantial endangerment to public health or the environment. Any such denial or revocation ofa permit by the Director may be appealed to an ALJ and thereafter to the Community Court,in accordance with the appeal provisions in Part IV ofthe AQMP. These provisions provide for enforcement of the measures contained in the TIP, as required byCAA section 110(a)(2)(C), andprovide necessary assurances that the Tribe will have adequate authority under Tribal lawto carry out the TIP,

asrequired by CAA section 110(a)(2)(E)(i).

Section 2.0 ofPart III establishes procedures for criminal enforcement andreferral ofcertain criminal matters to EPA. Specifically, Section 2.1 requires the GRIC's General Counsel to consult with the appropriate Federal agencies and, as appropriate, refer for Federal prosecution any person who has willfully or knowingly violated an AQMP provision or a permit issued under Part II. The procedures for the GRIC DEQ's referral ofpotential criminal violations to the appropriate Federal agencies, for possible criminal prosecution under Section 113(c) ofthe CAA, are outlined in the Criminal Enforcement MOA discussed above in Section III.B ofthis notice.

Section 3.0 ofPart III contains citizen suitprovisions. Byletter dated July 17, 2010, the GRIC DEQrequested thatEPA
not act on these provisions aspart ofthe TIP. The GRIC clarified thatthese provisions, which remain effective under Tribal law, are notintended to alterthe Tribe's liability to civil suit based onestablished principles ofTribal sovereign immunity and theprovisions ofthe CAA, nor are they intended to limit any existing Federaljurisdiction under the CAA. Seeletter dated July 17, 2010 from Margaret Cook, Executive Director, GRIC DEQ, to Deborah Jordan, Air Division Director, EPA Region 9, "Re: Gila River Indian Community Tribal Implementation Plan." Nothing in

our proposed action alters the effect of the citizen suit provisions ofCAA section 304 as they may apply to the Tribe consistent with established principles ofTribal sovereign immunity.

4. Administrative Appeals andJudicial Review

Part IV ofthe AQMP contains requirements and procedures for administrative appeals, final administrative decisions, andjudicial review offinal administrative decisions. Section 1.0 states that theprovisions ofPart IV apply to "all appealable agency actions," which are: (1)The issuance or denial ofan air quality permit; (2)a significant revision to an air quality permit; (3)failure ofthe GRIC DEQ to act on an air quality permit in

a timely manner or as required by the provisions ofPart II; (4) revocation ofan air quality permit; (5)the issuance ofa compliance order; or (6) the imposition, by order, ofan administrative civil penalty. Section 2.0 contains relevant definitions. Section 3.0 establishes procedures for administrative appeals. Specifically, any party whose legal rights, duties, or privileges were determined by an "appealable agency action" mayfile a notice of appeal with the DEQwithin 30 days after receiving notice ofthe action from the DEQ. Any other party who will be adversely affected by the issuance or denial ofa permit and who exercised any right to comment on the action may also file such a notice of appeal, provided that the grounds for appeal are limited toissues raised in thatparty's
comment. Within 5business days of DEQ's receipt ofa notice ofappeal containing the required information, the Director must provide specific information regarding the notice to the GRIC Governor's office, afterwhich the Governor must assign an ALJto the
matter and schedule a hearing, in accordance with specified timeframes. Section 3.0 also authorizes the ALJto schedule a pre-hearing conference in accordance with specified criteria, and establishes procedures and evidentiary requirements for the hearing. Section 4.0 ofPart IV establishes requirements and procedures for the Director's final administrative decision following the hearing and the ALJ's issuance ofa recommended decision. The Director may accept, reject or modify the ALJ's recommended decision, but prior to rejecting or modifying the recommendation, the Director must consult with and obtain the written consent ofthe GRIC Governor or his/her designee. The Director's decision becomes final unless, within 35 days, a party appeals the final decision judicially.

Section 5.0 establishes requirements andprocedures forjudicial review of final administrative decisions, jurisdiction over which is vested in the GRIC Community Court. Except in cases where trial de novo is appropriate or justice demands the admission ofnew

oradditional evidence, judicial review is limited to the administrative record before the court. Section 5.0 specifies the GRIC Community Court's authorities andthe limits on those authorities. For example, the court may staythe Director's final decision inwhole or in part for substantial good cause, pending final disposition ofthe case, and may ultimately modify, affirm, or reverse the decision. The court may not,however,

reverse afinding offactby the Director unless it is "clearly erroneous" andmay not reverse the Director's final administrative decision unless it has "no substantial evidentiary basis in the record or is erroneous as a matter of law." Part IV, Section 5.7. Decisions of the GRIC Community Court maybe further appealed to the GRIC Court of Appeals.

These provisions establish adequate procedures for review ofthe Director's decisions under the TIP. Our finding applies only tothis TIP under section 110 ofthe Act and does not apply to other CAA programs submittedby the Tribe, each ofwhich we will evaluate separately in accordance with applicable CAA and regulatory requirements.

5.Area Source Emission Limits

Part V ofthe AQMP contains two rules that regulate air pollution from specific types of area sources. The
purpose ofthese rules is to reduce emissions ofparticulate matter from
open burning and fugitive dustgenerating activities.

Section 1.0 (Open Burning) limits the types ofmaterials that can be openly burned within the GRIC reservation and requires permits for open burning of specified materials. Three types offires

are allowed only ifthe GRIC DEQ issues

an openburn permit: (1)Residential fires to dispose ofyard waste, except for materials that generate toxic fumes; (2) commercial fires to dispose ofvegetative
waste resulting from land clearing, commercial development or other large scale permitted fires; and (3) 

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agricultural fires for weed control or abatement, clearing fields or the disposal ofother naturally grown products, except for materials that generate toxic fumes. The rule requires: (1)that any person seeking an open burn permit submit to the DEQ an application with specific information, (2)identifies types ofconditions that the DEQ may include in apermit, and (3) contains specific criteria for the DEQ's grant or denial of an open burn permit.

The rule categorically prohibits open burning ofcertain materials, such as garbage resulting from the processing, storage, service or consumption offood; asphalt shingles; tarpaper; plastic and rubber products; petroleum products; transformer oils; hazardous material containers; tires; construction and demolition debris; and asbestos containing materials. Certain other types ofopen fires are exempted from the rule-e.g., fires used only for the domestic cooking offood, fires used for cultural, religious or ceremonial
purposes, and fires used only for providing warmth.

Section 2.0 (General Requirements for Fugitive Dust-Producing Activities) regulates fugitive dust and fugitive particulate matter emissions from earthmoving, land clearing, and demolition activities, construction sites, unpaved parking lots at industrial plants, and other activities that generate dust.The rule prohibits all owners/ operators of sources offugitive dust or fugitive particulate matter emissions, as well as owners/operators of certain unpaved parking lots and haul/access roads, from allowing visible emissions
to exceed 20 percent opacity at any time.

Under this rule, two types ofpermit applications mustbe accompanied by a dust control plan. First, any person required to obtain an earthmoving permit under the rule must submit a dust control plan and obtain the GRIC DEQ's approval before commencing any dust generating operation. An earthmoving permit isrequired for any

source owner/operator seeking to conduct certain earthmoving operations, except for normal farming practices. Second, any person who is required to obtain a title Vpermit, a non-title V permit, or a general permit under Part II ofthe AQMP must submit a dust control plan and obtain the GRIC DEQ's approval before commencing dust generating operations. A proposed dust control plan must contain specific information, including an illustration of the entire project site boundaries and

acres tobe disturbed, the expected duration oftheproject, and control

measures or combinations thereoftobe applied to all actual and potential fugitive dust-generating operations.

In addition tothe requirements for dust control plans, the rule establishes specific control measures and work practices for specified dust-generating operations, which apply to the specified activities independent of any approved dust control plans. The rule also contains detailed testmethods and recordkeeping requirements to ensure that compliance with the required control measures, workpractice standards, and any approved dust control plans can be verified. Certain specified activities and individuals are exempted from the rule-i.e., owners and occupants ofsingle family residences, owners or managers of residential buildings with four or less units, normal farming practices, and public roads owned or maintained by
any Federal, tribal, or local government.

We have determined that Part V ofthe AQMP contains specific, well-defined requirements that meetEPA's enforceability requirements under CAA section 110(a)(2)(A). As described above, the rules contain test methods and recordkeeping requirements adequate to determine compliance; clearly identify the activities that are subject and those that are exemptfrom rule requirements; and do not allow for variations from the rules other than those specified in limited exemptions. EPA isproposing to approve these rules

as elements ofa base TIP suitable to the GRIC's reservation and regulatory capacities. Our TSD contains more information about each ofthese rules and suggestions for rule improvement that do not affect ourproposed action.

6. Generally Applicable Individual Source Requirements for Existing and New Sources

Part VI ofthe AQMP contains three rules that regulate visible emissions, volatile organic compound (VOC) emissions, and degreasing and solvent metal cleaning operations. The purpose ofthese rules isto reduce visible emissions and emissions ofparticulate
matter and gaseous organic compounds. Section 1.0 (Visible Emissions) generally prohibits the discharge of any air contaminant into the ambient air from any single source ofemissions, other than uncombined water, in excess of20 percent opacity. Compliance is determined by observations ofvisible emissions conducted in accordance with EPA Test Method 9 (40 CFRpart 60, appendix A), except that for
purposes ofmeasuring visible emissions from intermittent sources, at least twelve (12) rather thantwenty-four (24) consecutive readings are required at 15- second intervals for the averaging time. Part VI, Section 1.0, subsection 4.0. The rule provides limited exceptions for certain activities or equipment, such as the charging orback-charging ofan electric arc furnace for which construction commenced prior to February 2, 1963, and for equipment or processes used to train individuals in opacity observations.

Section 2.0 (VOC Usage, Storage and Handling) generally limits the discharge ofVOC emissions from operations involving the usage, storage, transfer or disposal ofVOC-containing materials. For example, the rule prohibits the discharge ofmore than 15 pounds of VOCs aday from any device in an operation involving heat, and prohibits the discharge ofmore than40 pounds of VOCs aday from any device in an operation involving the use ofnoncomplying solvents.26 Ifthese VOC limits are exceeded, the rule requires application ofspecific control methods that achieve at least 85 percent overall control efficiency or compliance with certain operating standards. Owners or operators who choose touse an emissions control system (ECS) to reduce VOC emissions must provide to the GRIC DEQfor approval an Operation and Maintenance Plan (O&M Plan), together with the initial application for

an operating permit.

The rule establishes detailed control techniques and operational standards for the handling, storage and disposal of VOC-containing materials, monitoring and inspection requirements, recordkeeping and reporting requirements, and specific test methods. Certain specified facilities and activities

are exempt from the rule-e.g., organic solvent manufacturing facilities and the overland transport oforganic solvents and VOC-containing materials; the spraying orother employment of insecticides, pesticides, orherbicides; and metal processing operations such as foundries, smelters, melting or roasting ofmetal, ore, or dross. Part VI, Section 2.0, subsection 1.2.

Section 3.0 (Degreasing and Solvent Metal Cleaning) establishes equipment specifications and operating standards for degreasing and solvent metal cleaning operations. The rule applies to all new and existing solvent cleaning operations that use VOCs, including cold cleaning, open-top vapor degreasing, and conveyorized degreasing operations.

26

The rule defines "non-complying solvent" as a solvent that exceeds the applicable percentage composition limit forany offour specific chemical groupings. Section 2.0, subsection 2.0 (definitions). 

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Specifically, Section 3.0 establishes generally applicable solvent handling requirements, operating and signage requirements, and equipment specifications for solvent cleaning operations. The rule also contains equipment specifications and operating standards specific to owners and operators ofcold cleaning degreasers, open-top vapor degreasers, and conveyorized degreasers. Any owner or operator ofa solvent cleaning business in operation on or after November 1, 2004 must submit an O&M Plan for an ECS to the GRIC DEQ. An owner/ operator ofan open-top vapor degreaser

orconveyorized degreaser may,in lieu ofmeeting certain equipment specifications, meet therequirements of the rule through the use ofan ECS.

The rule establishes specific monitoring, reporting, and recordkeeping requirements and test methods for determining compliance. Additionally, upon startup ofa new solvent cleaner, replacement ofan existing solvent cleaner with a different model, change ofa control device used

on a solvent cleaner, or upon request by the GRIC DEQ, the owner ofany solvent cleaner must perform tests and submit

a compliance certification to the GRIC DEQ. Certain specified activities are exempt from the rule-e.g., solvent cleaning operations specifically regulated by another rule inPart VI; laundering and housekeeping supplies and activities; and cleaning solutions containing 20 percent or less VOCby either weight or volume.

We have determined that Part VI of the AQMP contains specific, welldefined requirements that meetEPA's enforceability requirements under CAA section 110(a)(2)(A). As described above, the rules contain test methods andmonitoring, recordkeeping, and reporting requirements adequate to determine compliance; clearly identify the activities that are subject andthose that are exempt from rule requirements; and do not allow forvariations from the rules other than those specified in limited exemptions. EPA is proposingto approve these rules as elements ofa base TIP suitable tothe GRIC's reservation and regulatory capacities. Our TSD contains more information about each ofthese rules and suggestions for rule improvement that do not affect our proposed action.

7.Source/Category-Specific Emission Limits for Existing and New Sources

Part VII ofthe AQMP contains three rules that regulate secondary aluminum production facilities, aerospace manufacturing and rework operations, andnonmetallic mineral mining and processing operations. The purpose of these rules is to reduce visible emissions and emissions ofVOCs and particulate matter from these operations. Section 1.0 (Secondary Aluminum Production) applies to all new, existing and modified secondary aluminium production facilities. The requirements of Section 1.0 are in addition to the requirements ofthe Federal NESHAP for Secondary Aluminum Production at 40 CFR part 63, subpart RRR, which are incorporated by reference into the

rule.27 Specifically, Section 1.0 prohibits any person from causing, allowing or permitting the discharge into the atmosphere ofany air contaminant, other than uncombined water, in excess of20 percent opacity from any emission

source at a secondary aluminium production facility. The rule also requires that the owner/operator ofany

source subject to therule propose a VOC baseline emission rate (intpy) as part of its initial permit application tothe GRIC DEQ, and to demonstrate annually by February 15 that total VOC emissions in the preceding calendar year were reduced by at leastthree percent ofthe VOC baseline emission rate. This demonstration isrequired for five consecutive years after issuance ofthe source's initial permit, for a total VOC reduction ofat least 15 percent fromthe VOC baseline emission rate.

Additionally, the rule requires any owner/operator using an ECS to reduce emissions to submit an O&Mplan for approval to the GRIC DEQ. It also requires any person engaged in incinerating, adsorbing, or otherwise processing organic materials to properly install, maintain, calibrate, and operate monitoring devices to determine whether air pollution control equipment is functioning properly. Finally, the rule establishes recordkeeping requirements and test methods for determining compliance. Section 2.0 (Aerospace Manufacturing and Rework Operations) applies to any aerospace manufacturing or rework facility whose plantwide PTE exceeds 10 pounds ofVOCs per day. The rule establishes VOC content limits for primers, topcoats, chemical milling maskants, and specialty coatings. In lieu ofmeeting the applicable coating limits in the rule, an owner/operator ofa

27 Section 1.0incorporates byreference 40 CFR
part 63, subpart RRR, as effective July 1, 2006. Part VII, Section 1.0, subsection 1.0. Subpart RRR contains emission limits for dioxins, furans and other hazardous airpollutants that may beformed during the smelting ofaluminum scrap. Subpart RRR also contains testing, monitoring, recordkeeping, reporting, andlabelling requirements to ensure compliance with the limits and standards. subject facility may comply with the rule by installing and operating an approved ECS, provided the owner/ operator can demonstrate to the GRIC DEQ thatthe control systemwill achieve a combined VOC emission capture and control efficiency ofat least 81% by weight. The rule establishes techniques for the application of primers and topcoats, as well as operational standards for hand-wipe cleaning, solvent cleaning, and housekeeping. The rule also establishes detailed recordkeeping and reporting requirements and identifies specific methods for determining compliance. Certain specified activities are exempt from the rule-e.g., research and development operations, chemical milling (except for application of chemical milling maskants), electronic parts and assemblies (except for cleaning and topcoating ofcompleted assemblies), and wastewater treatment operations.

Section 3.0 (Nonmetallic Mineral Mining and Processing) regulates VOC emissions from cutback asphalt operations and particulate matter (PM10) emissions from sand and gravel facilities. Specifically, the rule applies
to any commercial and/or industrial nonmetallic mineral mining orrock product plant, concrete batch plant, hot mix asphalt plant, orvermiculite and/or perlite processing plant.

First, the rule establishes several general prohibitions, including a prohibition on the sale, offer for sale,
use, or application ofthe following materials at facilities covered by the rule: (1)Rapid cure cutback asphalt, (2) any cutback asphalt material,road oils,

ortar that contains more than 0.5 percent by volume VOCsthat evaporate at 500 degrees Fahrenheit or less, or (3) any emulsified asphalt or emulsified tar containing more than 3.0 percent by volume VOCs that evaporate at 500 degrees Fahrenheit or less.

Second, the rule establishes specific limitations onvisible emissions and emissions ofPM-10 from nonmetallic mineral processing plants, concrete batch plants, hot mix asphalt plants, and vermiculate and perlite processing facilities. Any person subject tothe rule
must install and operate a wet dust suppression system or other control method approved by the GRIC DEQto minimize fugitive dust emissions from any material handling system, conveyance system transfer point, screening operation or crusher without

a capture and collection system, and nonmetallic mineral loading/unloading operation, unless the materials have sufficient moisture content to prevent 

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visible emissions in excess ofthe limits in the rule.

Third, any owner/operator using an ECS to reduce emissions must submit an O&M Plan for approval to the GRIC DEQ, together with the initial application for an operating permit. The O&M Plan must contain specific conditions and procedures to ensure proper operation ofthe ECS, and the owner/operator must fully comply with each submitted O&M Plan, unless notified otherwise in writing by the GRIC DEQ.

Finally, the rule establishes detailed monitoring, reporting and recordkeeping requirements, as well as specific methods for determining compliance with the PM-10 emission limitations and opacity limitations in the rule.

We have determined that Part VII of the AQMP contains specific, welldefined requirements that meetEPA's enforceability requirements under CAA section 110(a)(2)(A). As described above, the rules contain test methods andmonitoring, recordkeeping, and reporting requirements adequate to determine compliance; clearly identify the activities that are subject andthose that are exempt from rule requirements; and do not allow for variations from the rules otherthan those specified in the limited exemptions. EPA isproposing to approve these rules as elements ofa base TIP suitable to the GRIC's reservation and regulatory capacities. Our TSD contains more information about each ofthese rules and suggestions for rule improvement that do not affect our proposed action.

D. What otherinformationhasthe GRIC submittedto supportthe TIP?

1.Emissions Inventory

An emissions inventory is a quantitative list ofthe amounts and types ofpollutants that are entering the air from the pollution sources in a given jurisdiction. The inventory may be comprehensive, looking at all pollutants, orfocused on only selected pollutants ofconcern. The fundamental elements in an emissions inventory are the characteristics and locations ofthe air emissions sources, and the amounts and types ofpollutants emitted. Periodic inventories are used to track changes in emissions over time,

TABLE 3-SUMMARY OF EMISSIONS (BY POLLUTANT) FROM AIR POLLUTANT RESERVATION, 

### 2007 estimate the effectiveness ofemission reduction strategies, and track the progress ofair quality.28

The GRIC DEQhas chosen an annual emission inventory as its approach to identifying the pollutants emitted and the pollution sources in itsjurisdiction. The mostrecent emissions inventory that the GRIC DEQ submitted to EPA

uses abaseline year of2007 and provides estimates ofthe VOC, nitrogen oxides (NOx), carbon monoxide (CO), sulfur oxides (SOx) and PM10 emissions from point sources, area sources, and mobile sources within the GRIC reservation. SeeLetter dated June 22, 2009, from Margaret Cook, Executive Director, GRIC DEQ, toLaura Yoshii, Acting Regional Administrator, EPA Region 9, "Re: Technical Corrections to the GRIC Air Quality Management Plan," enclosure entitled "2007 Emissions Inventory Update for the Gila River Indian Community." We findthat the method usedby the GRIC DEQ to produce the emissions inventory is acceptable, and thatthe inventory is comprehensive, accurate, and current. Table 3provides a summary ofthe GRIC emissions inventory.

EMISSION SOURCES ON THE GRIC

[Tons/year] a

Pollutant-Source PM-10 CO NOx VOC SOx

Poin t

............................................................................................................................. 1048 161 1 75 142 31
Mob ile

.......................................................................................................................... 38

6 10 ,5 88 2 0 55 9 2

9 37
Area .............................................................................................................................. 75

9 63 52 5 6 0

Total

...................................................................................................................... 2193 10,812 2282 1127 68

a From Table 4-1, 2007Emissions Inventory Update forthe Gila RiverIndian Community.Totals may not be precise dueto rounding.

The emissions inventory is not part of the TIP but supports the GRIC's ongoing evaluations ofair pollution within the reservation and efforts to further develop itsregulatory programs to address the Tribe's air quality needs.

2.Air Quality Monitoring Network

An air quality monitoring network consists ofone or more sites where instruments are located to measure the concentrations ofpollutants inthe air at regular intervals. Meteorological stations often are part ofan air quality monitoring network. Data collected by the monitoring network canbe used to identify changes in air quality andto determine whether the area meets the NAAQS for the criteria pollutants.

An air quality monitoring network shouldbe designed to meet atleast one

28See "Developing a Tribal Implementation Plan,"
Office ofAirQuality Planning and Standards, US ofthe following basic monitoring objectives: * To determine highest concentrations expected to occur in the

area covered by the network; * To determine representative concentrations in areas ofhigh population density; * To determine the impact on ambient pollution levels ofsignificant

sources or source categories; and * To determine general background pollution concentration levels.

EPA's ambient air monitoring regulations in 40 CFR part 58 establish minimum quality assurance requirements and monitor network design criteria. Effective December 18, 2006, these regulations require that monitoring organizations submit to EPA, beginning July 1, 2007, an annual

EPA, October 2002 (EPA 452/R-02-010), http:// monitoring plan that explains how the siting and operation ofeach monitor in the network meets the quality assurance requirements of40 CFR part 58, among otherthings. 40 CFR 58.10. Although Indian Tribes are generally notrequired
to monitor ambient air, Tribes may choose to do so and, in some cases, may be required by EPA to institute quality

assurance programs that comply with 40 CFR part 58 appendix A and to insure that the monitoring data they collect is representative oftheir respective airsheds. 71 FR 61236 at 61242 (October 17, 2006) (final rule: revisions to ambient air monitoring regulations).

The GRIC submitted its first annual monitoring network plan pursuant to the requirements of40 CFR 58.10 on

www.epa.govlairltriballtip2002/index.html, at Chapter 3. 

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December 19, 2007.29 SeeGila River Indian Community Department of Environmental Quality, Air Quality Program, 2006 Tribal Ambient Air Monitoring Network Review (2006 Annual Network Plan). The 2006 Annual Network Plan describes the Tribe's ozone and PM10monitoring networks and howeach monitor in these networks meets the Tribe's monitoring objectives consistent with the quality assurance requirements of40 CFR part 58. EPA reviewed and approved the GRIC's 2006 Annual Network Plan on May 9, 2008. See letter dated May 9, 2008, from Sean Hogan, Air Quality Analysis Office, US EPA Region 9, to Leroy Williams, Air Quality Program, GRIC DEQ.

The GRIC's ozone monitoring network is comprised oftwo State and Local Air Monitoring Station (SLAMS) monitors in the reservation. See 2006 Annual Network Plan at 7.One ofthese monitors is located at the GRIC DEQ building in Sacaton, Arizona, about 40 miles southeast ofPhoenix. The other SLAMS monitor in the ozone monitoring network is at St. Johns-Gila Crossing North Middle School. Both monitors are regional/rural scale monitors designed to monitor population exposure and are long-term trends sites that operate on a seasonal schedule, from April through October. The areas surrounding both monitors

are a mixture ofresidential areas and businesses. Id.at 7-9.

The GRIC's PM10 monitoring network consists ofone SLAMS monitoring site located at the Casa Blanca-Va Ki Elementary School. See 2006 Annual Network Plan at 9. This monitor is designed to measure neighborhood and regional-scale air pollutant concentrations and operates on a one-inthree-day sampling schedule. The area surrounding the monitor is a mixture of residential areas, businesses, and agricultural operations. The GRIC also operates several PM1oSpecial Purpose Monitor (SPM) stations throughout the reservation and anticipates adding three continuous PM10 SLAMS monitors toits PM10 monitoring network, at the Casa Blanca, St. Johns, and Sacaton sites. Id.
at4, 9-11.

The air quality data collected by the GRIC DEQ are used for avariety of
purposes including: determining compliance with the NAAQS, determining the location ofmaximum

29On September 12, 2006, the GRIC submitted a Quality Assurance Project Plan (QAPP) for its ambient air monitoring program. EPA approved the QAPP for collection of environmental data on April 13, 2007. See letterdated April 13, 2007, from Eugenia McNaughton and Sean Hogan, US EPA Region 9, to Leroy Williams, GRIC DEQ. pollutant concentrations, determining the effectiveness ofair pollution control
programs, evaluating the effects ofair pollution onpublic health, supporting dispersion models, developing costeffective pollution control strategies, and determining air quality trends. See 2006 Annual Network Plan at 1.The GRIC regularly submits its data to EPA's Air Quality System (AQS)database.

The GRIC Air Program also monitored for PM2. 5in two locations in the reservation between 2002 and 2004. On September 21, 2004, EPA Region 9 concurred with the GRIC DEQ'srequest to discontinue operation ofthe PM2. 5 monitors based on the low concentrations ofrecorded PM2. 5 data and a determination that PM2.5 monitoring in the reservation is not required by EPA regulations. Seeletter dated September 21, 2004, from Robert S. Pallarino, EPA Region 9, to Leroy Williams, GRIC DEQ.

The air quality monitoring network is
not part ofthe TIP but supports the GRIC's ongoing evaluations ofair pollution within the reservation and efforts to further develop itsregulatory
programs to address the Tribe's air quality needs.

V. Proposed Action

Under CAA sections 110(o), 110(k)(3) and 301(d), EPA is proposing to fully
approve the TIP submittedby the GRIC DEQ on February 21, 2007, as supplemented onJuly 11, 2007, June 22, 2009, and July 17, 2010. The TIP includes general and emergency authorities, ambient air quality standards, permitting requirements for minor source ofair pollution, enforcement authorities, procedures for administrative appeals andjudicial review in Tribal court, requirements for

area sources offugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards. These provisions establish a base TIP that is suitable for the GRIC's reservation and regulatory capacities and that meets all applicable minimum requirements ofthe CAA and EPA regulations.

We are proposing to act only on those portions ofthe GRIC AQMP that constitute a TIP containing severable elements ofan implementation plan under section 110(a) ofthe CAA, as discussed in this notice. We are not proposing today to act on those elements ofthe GRIC AQMP that address requirements ofCAA title V or any other program under the Act.We intend to take separate action on other CAA programs submittedby the GRIC DEQ, as appropriate. VI. Statutory andExecutive Order Reviews

Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), this proposed action is not a "significantregulatory action" and therefore is not subject to review by the Office ofManagement and Budget. For this reason, this action is also not subject toExecutive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355 (May 22, 2001)). This proposed action merely proposes to approve laws ofan eligible Indian tribe as meeting Federal requirements and imposes no additional requirements beyond those imposedby Tribal law. Accordingly, the Administrator certifies thatthis proposed rule will not have a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5U.S.C. 601,
etseq.). Because this rule proposes to approve pre-existing requirements under Tribal law and does not impose any additional enforceable duty beyond that required by Tribal law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (Pub.L. 104-4).

Executive Order 13175, entitled "Consultation andCoordination with Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to

ensure "meaningful andtimely input by tribal officials in the development of regulatory policies thathave tribal implications." EPA has concluded that this proposed rule will have tribal implications in thatit willhave substantial direct effects on the GRIC. However, it will neither impose substantial direct compliance costs on tribal governments, norpreempt tribal law. EPA isproposing to approve the GRIC's TIP at the request ofthe Tribe. Tribal law will not be preempted as the GRIC incorporated the TIP into Tribal Law onDecember 13, 2006. The Tribe has applied for, and fully supports, the proposed approval ofthe TIP. Ifitis finally approved, the TIP will become federally enforceable.

EPA worked and consulted with officials ofthe GRIC DEQearly in the process ofdeveloping this proposed regulation to permit them to have meaningful and timely input into its development. In order to administer an approved TIP, tribes mustbe determined eligible (40 CFR part 49) for TAS for the purpose ofadministering a TIP. During the TAS eligibility process, the Tribe and EPA worked together to 

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ensure that the appropriate information

was submitted toEPA. The GRIC and EPA also worked together throughout the process ofdevelopment and Tribal adoption ofthe TIP. The Tribe and EPA also entered into a criminal enforcement MOA.

This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on therelationship between the national government and the States, or

onthe distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255 (August 10, 1999)). This action merely proposes to approve a Tribal rule implementing a TIP covering areas within the exterior boundaries ofthe GRIC reservation, and does not alter the relationship or the distribution ofpower andresponsibilities established in the Clean Air Act. This proposed rule does
not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898, "Federal Actions toAddress Environmental Justice in Minority Populations and Low-Income Populations" (59 FR 7629, February 16, 1994). This proposed rule also is not subject to Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885 (April 23, 1997)), because it isnot economically significant.

The requirements ofsection 12(d)of the National Technology Transfer and Advancement Act (NTTAA) of1995 (15 U.S.C. 272) do not apply to this proposed rule. In reviewing TIP submissions, the EPA's role is to approve an eligible tribe's submission, provided that itmeets the criteria ofthe Clean Air Act. In this context, in the absence ofa prior existing requirement for the Tribe to use voluntary consensus standards (VCS), the EPA has no authority to disapprove a TIP submission for failure to use VCS. It would thus be inconsistent with applicable law for the EPA, when it reviews a TIP submission, touse VCS in place ofa TIP submission that otherwise satisfies theprovisions ofthe Clean Air Act. Thus, the requirements of section 12(d) ofthe NTTAA do not apply. This proposed rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44U.S.C. 3501, etseq.).
List of Subjects in40 CFRPart49

Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Authority:42 U.S.C. 7401 etseq.
Dated: July 29, 2010. JeffScott, ActingRegionalAdministrator, EPARegion IX.
[FRDoe. 2010-19926 Filed 8-11-10; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-NM-0009; FRL9187-7]
Approval and Promulgation ofAir Quality Implementation Plans; New Mexico; Revisionsto Emissions Inventory Reporting Requirements, and General Provisions

AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: The EPA isproposing to approve revisions to the New Mexico State Implementation Plan (SIP). These revisions concern two separate actions. First, we are proposing to approve revisions to regulations on Emissions Inventories (Els)submitted by stationary

sources ofair pollutants. Els are critical for the efforts of State, local, and federal agencies to attain and maintain the National Ambient Air Quality Standards that EPA has established for criteria pollutants such as ozone, particulate matter, and carbon monoxide. The revisions add new definitions, modify existing definitions, and require stationary sources ofair pollutants located in NewMexico outside of Bernalillo County to report emissions location information, PM2. 5 emissions, and ammonia emissions to New Mexico Environment Department (NMED). The revisions also allow NMED to require speciation ofhazardous air pollutants for emissions reporting. Second, we are proposing to approve revisions tothe General Provisions ofthe NMAC (20.2.1 NMAC-Ceneral Provisions). We are proposing to add a new definition for Significant Figures into the New Mexico SIP. EPA isproposing to approve these
two actions pursuant to section 110 of the Federal Clean Air Act.

DATES: Written comments must be received on orbefore September13, 2010. ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief,Air Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may alsobe submitted electronically or through hand delivery/ courier by following the detailed instructions in the Addresses section of the direct final rule located in therules section ofthis FederalRegister.

FOR FURTHER INFORMATION CONTACT: Mr. Emad Shahinfor Emission Inventory inquiries, Air Planning Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone 214-665-6717; fax number 214-665- 7263; e-mail address shahin.emad@epa.gov, andMr. Alan Shar for General Provisions inquiries, Air Planning Section (6PD-L), telephone 214-665-6691; fax number 214-665-7263; e-mail address shar.alan@epa.gov.

SUPPLEMENTARY INFORMATION: In the final rules section ofthis Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse
comments. A detailed rationale for the approval is set forth in the direct final rule. Ifno relevant adverse comments

are received in response to this action,

no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and allpublic comments received willbe addressed in a subsequent final rule based onthis proposed rule. EPA will
not institute a second comment period. Any parties interested in commenting

onthis action should do so atthis time. Please note that ifEPA receives adverse
comment on an amendment, paragraph,

or section ofthis rule and ifthat provision may be severed from the remainder oftherule, EPA may adopt

as final those provisions ofthe rule that

are not the subject of an adverse
comment.

For additional information, see the direct final rule, which islocated in the rules section ofthis FederalRegister.

Dated: August 3, 2010. Al Armendariz, Regional Administrator, Region6.
[FRDoe. 2010-19820 Filed 8-11-10; 8:45 am]

BILLING CODE 6560-50-P 

### 48894

HeinOnline -- 75 Fed. Reg. 48894 2010