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',I F'imalw Operations 

JUL 1 1 2005 .,, ! 1 ?A i 6833 ~est~willsRoad Box 5050 

1 1 Chandler. AZ 85226 USA 

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Tel: 1 520 796 1098 

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SEND VIA CERTIFIED MAIL 

Gila River Indian Community 

Department of Environmental Quality 

P.O.Box 97 

Sacaton, AZ 85247 

Subject: Comments on Gila River Indian Community (GRIC) 

Tribal Implementation Plan (TIP) for 

Air Quality Management 

Dear GRIC Representative: 

Please find the enclosed comments on the Gila River Indian Community (GRIC) Tribal 

Implementation Plan (TIP) for Air Quality Management. These formal comments have been 

prepared and submitted on behalf of Pimalco. Pimalco is located on the Lone Butte Industrial 

park of the Gila River Indian Community and is currently permitted as a Title V source by U.S. 

EPA. 

These comments are being submitted in accordance with the public notice requirements specified 

by the Gila River Indian Community Department of Environmental Quality. If you have any 

questions or need additional information, please contact Ms. Amy Vasquez of my staff at 1-480- 

598-2294 or via email at arny.vasquez @alcoa.com. 

Sincerely , 

fl-~ 4- 

Donald J. Nelson 

Location Manager 

Pimalco 
Pimalco Comments on Gila River Indian Community (GRIC) Tribal 

Implementation Plan (TIP) for Air Quality Management. 

Part I1 - PERMLIT REQUIREMENTS 

Comment #1- Eliminate the definition and use of "ultra-hazardous air pollutant" as it relates to 

permitted releases of air pollutants. Section 112(r)(3) of the Clean Air Act was 

intended for accidental release prevention, not permitted releases of hazardous air 

pollutants. 

Based on this, the ordinance should only address Criteria and HAP air pollutants 

in the context of the CAA. The "serious potential health effects" are based on 

accidental releases above a specified threshold, not petted emissions. The 300 

lbslyear is arbitrary and capricious with no scientific basis. 

Part I1 - PERMIT REQUIREMENTS - Introduction and Overview 

Concept #6 - The permit ordinance regulates two broad categories of air pollutants. 

The ordinance goes on to specify a special subcategory of hazardous air pollutants which are 

"ultra-hazardous air pollutants". The introduction and overview goes on to note that "These are 

hazardous air pollutants that EPA has designated because of their serious potential health effects. 

For these ultra-hazardous air pollutants, the draft ordinance establishes a lower threshold (300 

lbslyr) for triggering a requirement that the source install Best Reasonable and Demonstrated 

Technology (l3DRT). 

1.0 DEFINITIONS - Ultra-hazardous air pollutant 

Ultra-Hazardous Air Pollutant - Delete the definition and use of "ultra-hazardous 

air pollutant" as it relates to permitted releases of air pollutants. 

Rcgulatcd Air Pollutant - Dclctc rcfcrcncc to 'hltra-hazardous air pollutant" 

Significant - Delete reference to "ultra-hazardous air pollutant" 

2.1.C.l.c De mimimus Exemption 

Delete reference to "ultra-hazardous air pollutant" 

4.2.A.2.d Non Title V Permit Standards 

Delete reference to 'hltra-hazardous air pollutant" 

5.1.A.8 Changes Requiring a Significant Permit Revision 

Delete reference to "ultra-hazardous air pollutant" 

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6-27-2005 TIP Comments.doc 
Part - 

I1 - - Section 11.7 - Accelerated Application Processing Fee 

Comment #2 - Eliminate the section for "Accelerated Application Processing Fee" and replace it 

with 'Time Periods For Determination On Permit Applications". The current 

ordinance does not provide for any time period for reasonable review of a permit 

application. As such, any permit could be held indefinitely unless the permit 

applicant chose to pay the proposed "Accelerated Application Processing Fee". 

As such, the "Accelerated Application Processing Fee" can become a de-facto 

50% surcharge for permit review. 

As a component of assuming primacy of the air programs from U.S. EPA, GRIC 

should establish specific time perioh for determination on permit applications. 

This would eliminate any subjectivity or differences in permit application 

approval time frames from source to source and provide a uniform structure for 

approval. Proposed language for "Time Periods for Determination on Permit 

Applications" is provided below: 

11.7 TIME PERIODS FOR DETERMIINATION ON PERMIT APPLICATIONS 

(a) GRIC shall approve or deny an application received by GRIC within the following number of 

calendar days from receipt of such application: 

Title V Sources 

(1) Two hundred seventy (270) days for an application concerning an air pollution 

construction permit for a significant pennit revision application that is a result of a major 

modification 

(2) One hundred twenty (120) days for an application concerning an air pollution 

application for other significant permit revision application. 

(4) Forty-five (45) days for an application concerning a minor permit revision 

(5) Forty-five (45) days shall be added to the time period established in this subsection if 

GRIC determines that a public hearing should be held 

Non-Title V Sources 

(1) One hundred twenty (120) days for an application concerning an air pollution 

construction permit for a non-minor permit revision application. 

(2) Forty-five (45) days for an application concerning a minor air permit revision 

application. 

(b) GRIC shall approve or deny an application filed with GRIC within the time period described 

under subsection (a) unless: 

(1) GRIC enacts a statute that imposes a new requirement on permit applications that 

makes it infeasible for GRIC to approve or deny the application within the applicable 

time period specified in subsection (a); or 

(2) GRIC and an applicant, in regard to a particular permit application, agree in writing to 

extend the time period allowed under subsection (a). 

(c) The time period described under subsection (a) shall begin and end as follows: 

(1) The time period begins on: 

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6-27-2005 TIP Comments.doc 
(A) the date an application and a required fee is received and stamped received by 

GRIC; or 

(B) the date marked by GRIC on a certified mail return receipt accompanying an 

application and a required fee; whichever is earlier. 

(2) The time period ends on the date that GRIC's decision to approve or deny an 

application is issued. 

(d) The time period described under subsection (a) may be suspended if: 

(1) GRIC receives a written request from an applicant to suspend processing of the 

application so that an issue related to an application can be resolved or additional 

information concerning an application can be provided; or 

(2) GRIC mails a request for additional information to the applicant describing the 

reasons the application is not complete after determining that any of the following apply: 

(A) An application does not contain all of the information or documents, required 

by rules adopted that GRIC needs to process the application. 

(B) An application contains provisions that are not consistent with an applicable 

rule or law. 

(C) An applicant fails to pay the required fee or submits a check that is not 

covered with sufficient funds. 

(e) The time period described under subsection (a) shall be suspended on the day the applicant 

receives GRIC's request for additional information. 

(f) The time period described under subsection (a) shall resume: 

(1) on the date GRIC receives, and stamps as received, the information or payment 

completing the application; or 

(2) on the date marked on the certified mail return receipt that accompanied information 

or payment completing the application; whichever is earlier. 

(g) If an applicant's response does not provide all information requested in the request for 

additional information, GRIC shall notify the applicant within fo~ty-five (45) calendar days after 

receiving the response. If GRIC finds an application to be incomplete after reviewing an 

applicant's response to a second or subsequent request for additional information, GRIC shall: 

(1) deny the application pursuant to subsection (j); or 

(2) choose to issue a further request for additional inform&tion; 

however, the time period described in subsection (a) may not be suspended unless the applicant 

agrees in writing to defer processing of the application pending the applicant's response to the 

request for additional information. 

(h) GRlC shall inform a source of the status of GlUC's review of the source's application or shall 

issue a request for additional information: 

(1) within thw (30) calendar days of the day an application concerning an air pollution 

construction permit for a minor source or a minor modification was filed with GRIC; and 

(2) within forty-five (45) calendar days of the day an application concerning an air 

pollution construction permit for a major source or major modification was filed with 

GRIC. 

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6-27-2005 TIP Comments.doc 
(i) GRIC may deny a permit application because the application is incomplete if an applicant: 

(1) fails to submit, within sixty (60) calendar days of receipt of a request for additional 

information, the requested information or a schedule for providing the requested 

information; 

(2) does not adhere to the schedule submitted under subdivision (1); or 

(3) fails to submit, within thlrty (30) calendar days of receipt of a request for payment, a 

required fee or submits a check that is not covered with sufficient funds. 

(j) GRIC may deny a permit application because it contains provisions that are not consistent 

with applicable rules or laws. 

(k) A permit application fee for renewal of an operating permit or an annual fee for an operating 

permit is nonrefundable. 

(1) If GRIC does not issue or deny a construction permit, registration, or permit revision within 

the time period specified under subsection (a), GRIC shall automatically refund the permit, 

registration, or permit revision application fee paid by the applicant, except as described in 

subsection (m)(2). 

(m) Upon expiration of the specified time period in subsection (a), GRIC shall do the following: 

(1) Provide the applicant with a written determination of whether the time period 

specified under subsection (a) has expired. 

(2) If the time period under subsection (a) has expired, GRIC shall refund the applicant's 

application fee within thirty (30) calendar days of the expiration of the time period 

specified in subsection (a). GRIC shall not refund the application fee if, within thirty (30) 

calendar days of the expiration of the time period specified in subsection (a), GRIC 

determines: 

(A) one (1) or more of the proposed emissions units is in operation without prior 

written authorization from GRIC; or 

(B) construction has commenced on one (1) or more of the emissions units 

without prior written authorization from GRIC. 

(3) If the applicant is eligible for a refund of the application fee, GRIC shall do the 

following: 

(A) Continue to review the application. 

(B) Approve or deny the application as soon as practicable. 

(C) Not bill the applicant for additional charges related to the application. 

(D) Issue a schedule to the applicant for making a final determination on the 

pending application. 

Page 5 6/29/2005 

6-27-2005 TIP Comments.doc 
Part VI - Section 2.0 - VOC USAGE, STORAGE AND HANDLING 

Comment #3 -Modify the language regarding disposal of dirty cleanup solvent to specify that it 

should be disposed of as hazardous waste if it is listed or exhibits the 

characteristics of hazardous waste. 

4.0 REOUIREMENTS FOR HANDLING. STORAGE AND 

DISPOSAL OF MATERIALS CONTAINING VOCS 

4.1 GENERAL OPERATING REQUIREMENTS: 

3. Dirty cleanup solvent shall be disposed in accordance with hazardous 

waste statutes if the solvent ahibits the characteristics of or is listed as a 

hazardous waste. 

Part VI - Section 3.0 - DEGREASING AND SOLVENT METAL CLEANING 

Comment #4 - Mode the language regarding exemptions to the Degreasing and Solvent Metal 

Cleaning Ordinance to adequately ensure that the Volatile Organic Compound 

language under the Aluminum Processing ordinance takes precedence over the 

Degreasing and Solvent Metal Cleaning Ordinance language. 

1.0 APPLICABILITY 

1.2 EXEMPTIONS 

A. Solvent cleaning and Volatile Oraanic Comuounds operations specifically 

regulated by this part or bv Part C71- Sourcdcateporv s~ecific emission 

limits for aistina and new sources 

Part VII - Section 1.0 - Secondary Aluminum Production 

Comment #5 - Add the definition of RUNAROUND SCRAP as follows: 

2.0 DEFINITIONS 

2.7 RUNAROUND SCRAP: Is defined at 40 CFR 63.1503 and means scrap 

materials generated on-site by aluminum casting, extruding, rolling, scalping, 

forging, forming!stanlping, cutting, and trimming operations and that do not 

contain paint or solid coatings. Uncoatedlunpainted aluminum chips generated by 

turning, boring, milling, and similar machining operations may be clean charge if 

they have been thermally dried or treated by a centrifbgal cleaner, but are not 

considered to be runaround scrap. 

Page 6 6/29/2005 

6-27-2005 TIP Comments.doc 
Comment #6 - Add the word culendar to 3.2.B. Volatile Organic Compounds as follows: 

3.2 VOLATILE ORGANIC COMPOUNDS 

B. Each source subject to this Section shall demonstrate annually by February 

15 that for the peceding calendar year total VOC emissions were reduced 

by at least 3% of the VOC baseline emission rate. This demonstration 

shall be required each pear for five (5) consecutive years after issuance of 

the source's initial permit pursuant to Part 11 for a total VOC reduction of d 

at least 15% fiom the VOC baseline emission rate. 

Comment #7 - Add the words utilizinp material other than clean charpe to 3.5.A. 

OPERATING REQUREMENTS - LABELING as follows: 

3.5 OPERATING REQUIREMENTS 

A. RAW MATERIALS: The owner or operator of a Group 1 furnace 

utilizinp material other than clean charee shall institute a scrap 

inspection program that shall be approved by the Department and that 

shall include the elements described in 40 C.F.R §63.1510@). A Group 1 

furnace shall be charged only with material that has been determined 

acceptable pursuant to the scrap inspection program. 

Comment #8 - Modify the Source Testing and Monitoring language under Section 4.1 .A to 

recognize that a source shall be exempt fiom the performance test requirements of 

this subsection if performance tests that comply with the performance test 

provisions of this subsection were conducted prior to the effective date of this 

Section. 

4.1 SOURCE TESTING AND MONITORING 

A. Unless otherwise exempt under this subsection, within 90 days prior to the 

submittal by a source subject to this Section of its initial permit application 

pursuant to Part 11, the source shall conduct the performance tests on any 

Group 1 or Group 2 furnace, using the test methods prescribed by 40 

C.F.R. 8 63.1511(c). The tests shall demonstrate compliance with the 

emission limits, standards and operating requirements set forth in 

subsection 3.0 of this Section. No later than 45 days prior to such testing, 

the owner or operator shall notify DEQ of the test date and submit the sitespecific test plan to DEQ. A source shall be exempt from the performance 

test requirements of this subsection if performance tests that comply with 

the performance test provisions of this subsection were conducted prior to 

the effective date of this Section. 

Page 7 6/29/2005 

6-27-2005 TIP Comments.doc 
Electr.onic.Code of Federal Regulations: 

Runaround scrap means scrap materials generated on-site by aluminum casting, extruding, rolling, scalping, 

forging, forminglstamping, cutting, and trimming operations and that do not contain paint or solid coatings. 

Uncoatedlunpainted aluminum chips generated by turning, boring, milling, and similar machining operations may 

be clean charge if they have been thermally dried or treated by a centrifugal cleaner, but are not considered to 

be runaround scrap. 

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