Minor New Source Review Demonstration

The GRIC Tribal Council unanimously passed the GRIC Air Quality Management Program Plan (AQMP) on December 6,2006. The plan contains, among other things, requirements for complying with 40 C.F. R., Part 51.160(a) through (e) and section 110(a)(2)(C)of the Clean Air Act. Part I1 of the AQMP requires each facility to submit a complete permit application that contains the necessary information to allow the GRIC DEQ to develop individual operating permits. The permit application forms require applicants to submit the information necessary for the GRIC DEQ to evaluate the air pollutant emissions of each facility on a case by case basis. In addition, the GRIC AQMP establishes emissions limitations, operating requirements and work practices to ensure emissions do not cause an exceedance of the NAAQS or violate the GRIC AQMP. During the permit development process, an individual determination of the facility operations will be conducted, first, to determine whether the source or modification is "major," in which case GRIC will submit the permit application to EPA; then, ifthe source/modification is not major, GRIC will evaluate it to determine if the facility will be subject to the GRlC Best Reasonable and Demonstrated Technology (BRDT) emission limitation, equipment design or work practice standard. In addition, Part 11, Section 4.0 ofthe GRIC AQMP contains detailed requirements for making modifications or revisions to existing facilities. The following detailed discussion will further demonstrate how GRIC expects to meet the requirements of 40 C.F.R., 51.160(a)-(e).

1.) Applicability

First, any "major stationary source" or "major modification" 

### (as defined in the CAA and EPA's implementing regulations) proposing to locate in an attainment/unclassifiable area within the GRIC reservation is subject to the federal Prevention of Significant Deterioration (PSD) permitting requirements at 40 C.F.R. 

## 5 52.21. As such, any person who proposes to construct or modify a source in an 

### attainment/unclassifiablearea within the reservation must first determine, in accordance with the applicable requirements of40 C.F.R. 

## 5 52.21: (1) for a new source, the potential to emit of the source, or (2) for a modification to an existing source, the emissions increase of the project. Ifthe project constitutes a "major stationary source" or "major modification" under section 52.21, the person must apply for a PSD permit from EPA. For a "major stationary source" or "major modification" proposing to locate in a nonattainment area -i.e., in the northern portion ofthe GRIC reservation which is part ofthe Maricopa County PM-10 nonattainment area -the project proponent should consult with EPA to determine the applicable permitting requirements. GRIC commits to consult with EPA Region IX as necessary to ensure that major sources and major modifications are appropriately identified and referred to EPA.

If the project is not a "major stationary source" or "major modification" under EPA's NSR regulations, then the person must determine whether it is subject to preconstruction review under GRIC's Non-Title V permit program. The calculation methodology fordetermining applicability of the permit program depends on whether the project is a "new source" or a "modification" to an existing source.

For "new sources ":Any person who proposes to construct a "new source" must calculate the source's "actual emissions" (as defined in Part 11, section 1.0ofthe AQMP)

-which, for new Non-Title V sources, will be a projection based on "applicable control equipment requirements and projected conditions of operation." If the new source would have the following levels of "actual emissions," it may not be constructed until it is authorized in a "Non-Title V permit" issued by GRIC in accordance with the requirements ofPart 11, section 4.0 ofthe AQMP:

(a) more than 1 ton per year (tpy) of any single criteria pollutant or air contaminant that is subject to a New Source Performance Standard (i.e., a "regulated airpollutant"), or any combination ofhazardous air pollutants (HAPS); (b) more than 1000Ibslyear of any single HAP; or (c) more than 300 lbslyear of any single or combination ofultrahazardous air pollutants.

New sources with "actual emissions" at or below these thresholds are exempt from preconstruction permit review. Part 11, section 2.l(c). Any new source that is categorized as a "de minimis facility" under Part 11, section 2.l(c)(2) is also exempt from preconstruction review.

For "existing sources ": Any person who proposes to modify an existing source must calculate the "potential to emit" (PTE) ofthe "modification" (as defined in Part 11, section 1.0 of the AQMP). Ifthe modification project would result in the following potential emission increases, it may not be constructed until it is authorized in a "significant permit revision" from GRIC:

(a) an increase in the source's PTE of any single criteria air pollutant by at least 25 tpy

## or a threshold listed in the definition of "significant," whichever is lower (e.g., 1 5 tpy for PM 1 0); (b) a PTE of at least 3 tpy of any new HAP; (c) an increase in the source's PTE by at least 3 tpy of any individual HAP or 5 tpy of any combination ofHAPS; (d) a PTE of at least 300 lbslyr of any new ultrahazardous air pollutant, or (e) an increase in the source's PTE by at least 300 lbslyr of any ultrahazardous air pollutant or combination ofultrahazardous airpollutants; 

## (0an increase in the source's PTE of any other pollutant listed in the definition of "significant," by the corresponding thresholds (e.g., 3 tpy for fluorides, 

### 7 tpy for sulfuric acid mist, and 10tpy forhydrogen sulfide)

In addition, any ofthe other changes listed under Part 11, section 5.5 of the AQhllP (e.g., a change to a synthetic minor emission limit established under Part 11, section 4.2(C)) must be authorized through a "significant permit revision" from GRIC before the source mayproceed with it. Modification projects at existing sources that are 

### not listed in Part 11, section 5.5 and result in PTE increases below these thresholds are exempt from the requirement to obtain a permit revision from GRIC,but may be subjectto "minor modification" or notice requirements under Part 11, sections 5.2 or 5.4.

2.) Control technology review

The GRIC AQMP contains emission limits and emission standardsthat are generally based on the technology available to control emissions. GRIC has also developed a control standard, called Best ReasonableDemonstrated Technology (BRDT), which establishes emission limitations, equipment design requirements, work practices or operational standardsbased on the maximum degree of reduction of each criteria pollutant or hazardous air pollutant determined on a caseby case basis. Each facility with emissions in excess of the thresholds established in Part 11, section 2.1 of the AQMP
must submit a permit application in accordancewith Part 11, Section2.2 and provide process and emission informationin accordancewith Part 11, Section 3.3. This information will be evaluatedby GRIC Air Quality personnel or an outside contractor on

a case by case basis to determine whether and what types of controls must be installed. The RACT-BACT Clearing house will be consulted in each individual case to evaluate emission limitations for like processes and operations. The GRIC permits will contain emission limits, emission standards and operating requirements consistent with established limits in the RACT- BACT clearing house. In some instances, GRIC may adopt requirementsthat are more stringentthan RACT or BACT. In no event will BRDT be less stringent than the most stringent source-category specific emission limitation in Part VII of GRIC's Air Quality ManagementPlan, aNew Source Performance Standard (NSPS), or a Maximum Achievable Control Technology (MACT). Also BRDT will generallybe at least equivalent to EPA's RACT standards, and in some cases as stringent as BACT or LAER, as determinedon a case-by-case basis.

3.) Current air quality designations

The Gila River Indian Community has adopted the National Ambient Air Quality Standards (NAAQS) as GRIC Standardsin Part I, section4.0 of the AQMP. The GRIC AQMP was developed on the basis that all GRIC lands are attainment/unclassifiablefor ozone. The U.S. EPA designated all of GRIC as attainmentunder the 8-hour ozone standard in 2004. In addition, GRIC is also designated attainment for lead, carbon monoxide, nitrogen oxides and sulfur oxides.

Currently the northern portion of GRIC lies within the Maricopa County non-attainment area for particulate matter 10 microns in size and smaller (PMlo). Approximately 92,000 acres of GRIC on the northern boundary was included in the Maricopa County nonattainment area when it was designatedby EPA as non-attainment. This area is classified

as a serious non-attainment area. The remainder of the Communityis located in Pinal County which is currently designated as attainment for PMlo. GRIC monitors document that the air within the exterior boundaries ofthe Community currently meet the NAAQSfor PMlo. GRIC monitors have documented exceedances ofthe standard during high wind episodes and monsoons and have documented some transport from neighboring jurisdictions that do impact PMlo concentrations at GRIC. GRIC has flagged the data under the Exceptional Events rule for high wind events that were greater than 20 miles per hour as exceptional events and submitted documentation for 

### 3 exceptional events in 2007. In addition, 2 exceptional events were flagged in 2008, and GRIC will prepare documentation for those events. GRIC also documented an exceedance ofthe PMlo standard on November 2,2007 as a result of a major road construction project within 100 feet ofthe Casa Blanca monitoring station. A contractor failed to notify the GRIC DEQ ofthe proposed project and did not acquire an Earth Moving Permit or submit a Dust Control Plan. Air quality program staff received a complaint concerning dust from the construction project and responded. GRIC air program staff required the contractor to immediately take action to reduce dust (e.g., water roads and work area) from construction activities and vehicle traffic. In addition, GRIC airprogram staff required the contractor to acquire an Earth Moving Permit and submit a Dust Control Plan which eliminated the dust problem. This exceedance was also flagged due to noncompliance with the GRIC AQMP. No further exceedances ofthe PMlostandard have been documented within the exterior boundaries ofthe Community.

The GRIC Air Program was monitoring for PM2.5in two locations throughout the Community. Data was collected between 2002 and 2004 which documented that PM2,5 concentrations at GRIC were very low. EPA Region IX allowed GRIC to terminate operation of the PM2.5 monitors due to the very low concentrations and similar data being collected by neighboring jurisdictions. GRIC received a letter from EPA Region IX on August 22,2008 indicating that EPA intended to designate GRIC attainment/unclassifiable under the 2006 24-hour PM2.5NAAQS. The letter also indicated that EPA intended to make the final designation decisions by December 18, 2008. EPA made final designations decisions on December 22,2008.

4.) Emissions inventory

The GRIC Air Program has been working with an outside consultant to complete an updated emissions inventory. The inventory includes updated emission calculations for mobile sources which utilized Maricopa Association of Governments (MAG) emission factors. Emissions for four (4) new stationary non-title V sources were not included in this emissions inventory because these sources were only in operation for a short period of time towards the end of 2007 and GRIC is only using facility data from 2006 for the updated Emission Inventory. GRIC will include emissions from these four facilities and updated emissions estimates for any facilities that have modified or expanded operations in subsequent emission inventories. The Community's Air Quality Program is in the
process of developing their first set ofNon-Title V air quality permits for several industries located on the Community. This process will continue until all sources required to have a permit within the community are permitted. All permitted sources will be required to submit an annual emission inventoryto the GRIC DEQ as a condition of their operating permit. The revised emission inventory also reflects those facilities that have terminated operations at GRIC. Emission estimates for the remainder of thefacilities will reflect the emissions from operations in 1997. Since most ofthe existing facilities operating at GRIC have not changed operations or increased in size, GRIC decided not to develop an entirely new emissions inventory for the AQMP submittal packet.

5) Air pollution sources

There are approximately 50 industrial facilities located within Gila River Indian Community that will require an air quality operating permit to continue operations within the Community. There is currently one (1) Major source (Title V) facility (Pimalco) and the GRIC Air Program has had discussions with Pimalco concerning their options for applying for a synthetic minor permit. Theremaining approximately 49 facilities are considered Non-Title V facilities. Several sources have terminated operations since 1997 including the Stericycle medical waste incinerator, Arizona Processing (cotton seed delinting facility), Phillips Services (copper wire recycler) and Fertizona Coolidge (agricultural chemical supply). A few new facilities have located at GRIC since 1997 including Superlite Block, Triumph Precision Castings, Triumph Turbines, Loves Truckstop and Beaudry RV while Champion Homes and Classey Closets have increased in size. The majority of the non-Title-V facilities at GRIC are considered very small sources of air pollution. An estimated 10 non-Title V facilities have emissions exceeding 5 tons per year of a criteria pollutant while the remainder are well under 5 tons. The GRIC Air Program is in the process ofupdating the 1997 emissions inventory using data from 2006. The 1997 emissions inventory documented that the largest source of air pollution at GRIC was Interstate 10which traverses the Community between Phoenix and Tucson. The 2007 emissions inventory indicates that emissions from all sources

were as follows:

Emissions (tonslvr) all Sources (stationary, mobile, and

non-point

sources)

sources non-Title V (stationary)

Emissions ofPMlo at GRIC were generated by vehicle traffic on unpaved roads, onroad vehicle emissions, agricultural tillage and non-title V stationary sources. Mobile sources and area sources accounted for 1062 tons ofPMlo out of the total 2109 tons. Stationary sources generated 1047 tons of PMlo with 888 tons ofPMlo were generated by two sand and gravel mining and crushing operations operated by Gila River Sand and Gravel. d,

PMlo 2109 tons

PMlo 1,047 tons CO 10,810 tons

CO 161 tons NOx 2,275 tons



# 0 175 tons VOC 1,126 tons SOX 68 tons

142tons SOX 

### 3 1 tonsEmissions of carbon monoxide at GRIC can be attributed almost entirely to on road vehicle emissions with 10,588 tons ofthe total 10,810 tons of CO being generatedby on road vehicle traffic. This represents a large increase from 4,108 tons of CO generated in 1997. This increase can be attributed to a huge increase ofvehicle miles traveled on Interstate 10 and Maricopa roads through the Community. Emissions ofnitrogen oxides

are again mostly generated by on-road vehicle traffic with 2,055 tons ofNOx being generated by vehicles out ofthe total 2,275 tons ofNOx Community wide. The largest

source ofVolatile Organic Compounds (VOCs) is again on road vehicle traffic although other sources do contribute to this category on a slightly higher basis. On road vehicle traffic emissions are responsible for 929 tons ofthe 1,126 tons ofVOCs emitted in 2006.

The Gila River Indian Community is located south ofthe Phoenix metropolitan area which is one of the fastest growing metropolitan areas in the nation and is designated as a serious non-attainment area under the 8-hour ozone NAAQS. The Phoenix metropolitan

area is home for over 4 million people and along with the dense population comes heavy vehicle trafic, extensive industry, congestion and air pollution problems. In contrast, the Gila River Indian Community is home to approximately 15,500 Community members

over an area of 561 square miles. Community members do not have to contend with heavy vehicle traffic, extensive industry, congestion or major air pollution problems generated by sources within the Community, although transport of air pollutants especially ozone and PMlofrom neighboring jurisdictions is a concern. Emissions of precursors to ozone (NOx & VOCs) generated within the Community are minuscule compared to the huge amount ofozone precursors generated within the greater Phoenix metropolitan area. The 1997 emissions inventory documents that emissions of VOCs from that portion of GRIC which lies within Maricopa County were less than .002% of the VOC emissions in the Phoenix nonattainment area. In addition, emissions ofNO, from that portion of GRIC which lies within Maricopa County were less than .006% of the NOxemissions from the Phoenix nonattainment area. Total emissions from the Community have not been and are not now sufficient to cause or contribute to a violation ofthe eight-hour ozone standard or otherwise have a measurable impact on the Phoenix non-attainment area. In addition, GRIC ozone monitors have not registered a violation of the ozone NAAQS since GRIC began monitoring for ozone in July 2002. After evaluating these factors and numerous other factors submitted in the GRIC 8-hour ozone designation recommendation, EPA designated GRIC attainment and removed GRIC from the Phoenix ozone non-attainment area.

The Gila River Indian Community has been monitoring for ambient concentrations of PMlosince 2005. This datahas been collected under an EPA approved Quality Assurance Project Plan (QAPP) and is available through the AQS database maintained by EPA. GRIC has documented exceedances ofthe PMlostandard during high wind episodes (20 miles per hour or greater) and has flagged these exceedances as exceptional events. The final exceedance of the standard was documented by the GRIC air monitoring network and was attributed to non-compliance with the GRIC AQMP. GRIC Air Program personnel implemented a Compliance and Enforcement action to eliminate the non-compliant activities. With the exceptions ofthe events listed herein, GRIC has

### not documented any other exceedancesof the PMlo standard within the exterior boundaries of the Community.

GRIC has taken actionsto reduce anthropogenic (manmade) sources ofPMloby implementing ordinancesunder the GRIC AQMP designedto reduce dust emissionfrom earth moving operations and operation of industrial facilities. In addition, GRIC is in the process of drafting air quality operatingpermits with enforceable emission limitationsfor sources affectedby the GRIC Non-metallic Mineral Mining Ordinance (e.g., asphalt plants, concrete plants, sand and gravel mining and crushing operations etc.). The GRIC Air Program also requiresEarth Moving Permits and Dust Control Plans for any earth moving operationsone 

### (1) acre in size. The dust control measures being implementedby the GRIC Air Program are expected reduce PMloemissionswithin the Community.