Janet Napolitano 

Governor 

11 10 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 Enforcement Manager 

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 

comments on the April 4,2006, proposed Gila River Indian Community (GRIC) Tribal 

Implementation Plan (TIP). 

Under ADEQ's Tribal Government Policy, the Department "recognizes the sovereignty of Tribal 

governments and their jurisdiction over lands within Indian Country as defined by federal law" 

and "supports the strengthening of 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 existing non-Title V 

source in paragraph (3) of this secrion. 

If you 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 

Printed on recycled paper 
Mr. Daniel Blair, Compliance and Enforcement Manager 

July 31, 2006 

Page 2 of 2 

You may want to consider adding the following provisions to paragraph 4.4(A) (5) relating to 

inspections: 

d. Sample or monitor, at reasonable times, substances or parameters for the 

purpose of assuring compliance with the permit or other applicable 

requirements; and 

e. Record any inspection by use of written, electronic, magnetic or 

photographic media. 

We have found this authority, particularly that addressed in paragraph e, to be invaluable in our 

compliance and enforcement program. 

Section 5.1 appears to list changes that require any form of permit revision, not just significant 

revisions, which are addressed separately in 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 

HAPS already emitted by 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 "Potential to 

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" should be changed to read simply "subsection 

-LIiA+ 5.2." u 

Sections 5.8 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 comments prove 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 Environmental Quality