JanetNapolitano Governor 1110 West Washington Street Phoenix, Arizona 85007 (602) 771 -2300 www.adeq.state.az.us Stephen A. Owens Director



### BY E-MAIL

### AND FIRST CLASS MAIL July 3 

### 1,2006
Mr. Daniel Blair, Compliance and EnforcementManager Gila River Indian Community Department of Environmental Quality P.O. Box 97 Sacaton, 

### AZ 85247
Re: Proposed GRIC Tribal Implementation Plan
Dear Mr. Blair: As requested,the Arizona Department of Environmental Quality (ADEQ) is pleased to provide commentson the April 4,2006, proposed Gila River Indian Community (GRIC)Tribal Implementation Plan (TIP). Under ADEQ's Tribal GovernmentPolicy, the Department "recognizesthe sovereignty ofTribal governments and theirjurisdiction over lands within Indian Country as definedby federal law" and "supportsthe strengtheningof Tribal capacity for environmental management and regulation." ADEQ views the proposal of the GRIC TIP as an important milestone in the development of that capacity and commends the Community on the work and thought that obviously went into the development of the proposed TIP. The following comments focus on the provisions of Part I1 of the proposed TIP relating to nontitle 

### V sources: The intent of paragraphs 4.2 (A)

### (1)and (2) appears to be to create two distinct sets of new nontitle 

### V sources,those that are subject to BRDT and those that are not. Paragraph 4.2 (A)

### (I), however, only refers to the BRDT threshold for criteria pollutants, which makes the intent somewhat unclear. You may want to consider revising that paragraph 

### as follows: 

### 1. Any new non-Title 

### V source 

### (75: 

# :t . , not identified in paragraph 12)of this section shall comply with source category specific emission limits and the other requirements applicable to an existingnon-Title 

### V source in paragraph (3) ofthis secrion. 

### Ifyou do not make this change,you should at least delete the words "or more" from this paragraph.

Northern Regional Office Southern Regional Office 151 5 East Cedar Avenue Suite F Flagstaff, AZ 86004 400 West Congress Street Suite 433 Tucson, AZ 85701 (928) 779-031 3 (520) 628-6733
Printedon recycledpaperMr. Daniel Blair, Compliance and Enforcement Manager July31, 2006 Page 2 of 2

You may want to consider adding the following provisions to paragraph 4.4(A)(5) relatingto inspections: d. Sample or monitor, at reasonable times, substancesor parameters for the purpose of assuring compliance with the permit or other applicable requirements; and

e. Record any inspectionby use of written, electronic,magnetic or photographic media. We have found this authority,particularly that addressed in paragraph e, to be invaluablein our compliance and enforcement program. Section 5.1 appears to list changes that require any formofpermit revision, not just significant revisions, which are addressed separatelyin section 5.5. We therefore suggest changing the title of this section to read "Changes Requiring a Permit Revision." The phrase "emissions



## ...with the potential to emit" in subsections 5.1

### (A)

### (7) and (8) is somewhat unclear. We suggest revising these provisions as follows: 

### 7. A change that results in either potential emissions of any new 

### HAP & of three (3) tons per year or in an increase of the source's potential to emit equal to or greater than three (3) tons per year of any individual HAP or five (5) tons per year of any combination of HAPSalready emittedby the source; 8. Changes that result in potential emissions of any new ultrahazardous air pollutant 

## ....". equal to or greater than three hundred (300) pounds per year or result in an increase in the source's potential to emit equal to or greater than three hundred (300) pounds per year of any ultrahazardous air pollutant or combination of ultrahazardous air pollutants. As a conforming change, we suggest changing the introduction to the definition of "Potentialto emit" at page 

### 17 to read: "Potential to emit" or "potential emissions" means 

# ...

# .

T~L-:" The reference in 

### 5.1

### (B) to "this subsection 5.2" shouldbe changed to read simply "subsection 

## -LIiA+ 5.2."

u Sections5.8 and 5.9, which establish an excess emissions defense and excess emissions reporting requirements,arguably would be better placed in a separate section, since they do not directly relate to permit revisions.

### Mr. Daniel Blair, Compliance and Enforcement Manager Page 

### 3 of 

### 3 July 31, 2006 We hope these commentsprove helpful. Please feel free to contact Steve Burr at 602-771-4251 or sb5@azdeq.eov, if 

### you have any questions. Sincerely,

Nancy 

### C. Wrona, Director Fur Quality Division Arizona Deparunent of EnvironmentalQuality