Since 1934 

### ARIZONA CHAPTER ASSOCIATED GENERAL CONTRACTORS 1825 Wesl Adnms Phoenix,Anxona 85007 (602) 252-3326 Fax (602) 252-5870

August 1, 2006 Daniel Blair Janet Travis Air Quality Specialists Gila River Indian Community Department ofEnvironmental Quality P.O. Box 97 Sacaton, Arizona 85247 Dear 

### Mr. Blair & Ms. Travis, The Arizona Chapter Associated General Contractors (AGC) would like to thank the GilaRiver Indian Community Department ofEnvironmental Quality (GRIC DEQ) for the opportunityto submit comments in responseto the recently drafted Tribal ImplementationPlan (TIP). The AGC is a statewide construction associationrepresenting highwayheavy contractors throughout Arizona since 1934. Our association has a long history ofworking with agencies and other stakeholders to develop regulatory structure that result in both environmental and public health benefits while maintaining strong economic opportunitieswithin the state. Thank you for taking the time to discussthe TIP over the phone. I really appreciateyour willingness to accept AGC's commentsto the process after the closing date and 

### I look forwardto participating in hture air quality initiatives as an industry stakeholder. AGC TIP Comments: It is our understanding that sincethe TIP is contingent on Reasonably Achievable Control Measures (RACM) only technically and economically feasible alternative control measures that satis@the objective outlined in the TIP would be considered and incorporated into the final plan. With respect to the proposed TIP an economic, small business, consumer impact statement should be performed by GRIC. The Impact Statementwould provide a comprehensive economic and technical review of the candidate control measures necessary for compliance.For example, the TIP does not identi@the emission reductionsexpected from the imposition ofvarious control practices, nor does it calculate the expected reduction in emissionsper dollar spent on control. Without this analysis, it is impossible to determine whether the proposed controls are effectiveat all, let alone cost-effective. It is not enough to simply include a measure used in another jurisdiction without conducting a GRIC-specific economic and technical feasibility analysis. AGC would like to request consideration of alternative emission controls. This approach will provide benefits to all because it would foster controltechnology innovationby allowing regulated companiesto develop and implement improved control measures that addressthe specificand unique conditionsthey face. This provision was implemented in Pirna County and has been found to be an effectiveway to control emissions. By including a provision in Section V of the TIP for alternative measures that achieve equivalent or better emissions control, contractors are provided the opportunity to demonstratewhy a control measure is not possible, applicableor effectivein a specific situation and to make a showing of an equivalent or better alternative that would meet the requirements ofthe rule.PARTBV. Area SourceEmission Limits 4.0 Unpaved Parking Lots -Please includewater as an option to employ on unpaved parking lot surfaces. Do you have a list ofpalliatives accepted by GIUC for use on unpaved parking lots? 5.0 Unpaved HauVAccess Road -Please include water as an optionto employ on unpaved hauVaccess road surfaces. Do you have a list ofpalliatives accepted by GRlC for use on unpaved hauVaccess roads'? 6.2 Require only a primary control measure be identified for each fugitive dust sourcein the dust control plan. Requiring contingency measures have no effect on emission reduction. Ifthe primary control measure is not working, contractors should cease operationsuntil the primary control measure becomes the effectivemeans of controlling emissions. 6.4. Normal farming practices should have a section which states this does not include certain farm practices that create fugitive dust emissionsgreater than 20% opacity. 7.3A.Require only a primary control measure be identifiedfor each fugitive dust source in the dust control plan. Requiring contingency measures have no effect on emission reduction. If the primary control measure is not working, contractors should cease operationsuntil the primary control measure becomes the effective Means of controlling emissions. 10.5 Open Storage Piles 10.5(B) 1. - Stockpiles are activeand routinely change shape or position. They cannot be covered. During a wind event covering stockpiles would create incredible safety and logistical issues. AGC does not consider this measure a viable option for active construction sites. 10.5(B) 2. 

### -Apply water to maintain a soil moisture content at a minimum oftwelve (12) percent is unnecessary and not practical (materialwould be too wet to use). According to the revised AP-42 Emission Factors 

### > 

### 1.5% moisture content is considered "controlled" material. AGC also requests the addition of maintaining a visible crust meets stabilization requirements in this section. 12.1(A)- AGC as well as other industry stakeholdershas grave concerns with the adoption ofMaricopa County Appendix C which would includetest methods that are not currently necessary for compliance with the TIP. (1.e. stabilization for open areas other than construction sites)Further, Modified Method 9 is under litigation and should not be considered in the TIP. Table 1: Unpaved Parking Lots: add apply water as a control measure for consideration similar to language written in Unpaved HauVAccess Roads. Temporary Stabilization During Weekends, After Hours, and on Holidays: add apply water as a control measure for consideration similarto language written in Unpaved HauVAccessRoads. Once again, thank you for accepting AGC's commentsto GRlC Tribal Implementation Plan. I look forward to meeting both of you in the near future. Pleasefeel free to contact me, should you have questions. I can be reached at (602) 252-3926 or Sincerely,

Amanda McGennis VicePresident, Pubiic Affairs5,r<, /#,Id 

## Arizona 

## Chapter 

## Associated 

## General Contractors 1825 West Ada~ns 

# - Phoenix, Arizona 85007 

### (602) 

### 252-3926 Fax (602) 

### 252-5870 

# URGENT Fax Transmission

## - Ipage total Requestfor Extension of Public Comments 

### Gila River lndian Community Tribal Implementation Plan July 27, 2006 To: Daniel Blair,Air Quality Specialist Gila River lndianCommunity Department of Environmental Quality Jane Travis,Air Quality Speclalist Gila River lndian Community Departmentof Environmental Quality From: Amanda McGennis,Vice President 

### - Urban PublicAffairs Arizona Chapter Associated General Contractors Re: Gila River lndian CommunityAir Quality Management Program Tribal Implementation Plan Mr. Blair and Ms. Travis. The Arizona ChapterAssociated General Contractors (AGC) is 

### a trade association representing highway heavy contractors statewide since 1934. The AGC has always partnered and been a major stakeholder with all agencies within the state that have regulatedair quality. We were surprised to hear a Tribal Implementation Plan (TIP) was almost ready to be adopted bythe Gila River lndian Community without input from this industry, particularlywhen Section 5 of your TIP pertainsto activitiesour contractors perform on a daily basis. AGC has been informed that there have been public hearings as well as stakeholder meetingson the TIP. We understand comments are due this afternoon at 

### 5:00 pm. 

### I respectfully ask that you allow AGC to forward comments on the TIP to your office no laterthan 500 prn on Monday, July 31,2006. 

### AGC would also request to be placed on your list of stakeholdersto notify on any air quality regulations additionsor revisions. Thank you for considering this request. Iwould like to arrange a meeting with you and Ms. Travis as soon as your schedule permitsto discuss some of the concerns industry haswith language included inyour document. I look forward to meeting both of you in the near future. Should you need to contact 

### me Ihave listed 

### my information below. Amanda McGennis Arizona 

### Chapter Associated General Contractors 1825 W. Adams Phoenix,AZ 85007 (602) 252-3926 Fax: (602) 252-5870 amcgennis@azagc.org