one tribe’s approach to tip development: the gila river experience dan blair, air quality...

One Tribe’s Approach to TIP Development:

The Gila River Experience

Dan Blair, Air Quality SpecialistGila River Indian Community

Department of Environmental Quality

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Background:Gila River Indian Community

Central Arizona, adjacent to PhoenixAkimel O’odham (Pima) & Pee Posh

(Maricopa)Located in Maricopa & Pinal countiesEstablished in 1859 by Executive

Order374,000 acresPopulation 15,500 people (on

reservation)

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Industrial Facilities

Three industrial parks, 45 businesses & industriesMedical waste incineratorAluminum-extrusion plants (3)Largest hazardous-waste TSD in AZExplosive manufacturerExtremely hazardous gas storage facilitySand and gravel plants (3)

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Industrial Facilities (cont.)

3 million shredded tiresCotton Gin & delinting plantsAgricultural chemical supply (3)Turbine test facilityConcrete block manufacturerMobile home manufacturerAerospace remanufacture/rework

facility

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Other GRIC-Area Sources

40,000 agricultural acresAcreage will increase to 140,000

over next 10 yearsInterstate 10 bisects Community

(largest source of air pollution)

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GRIC Air Quality Program(Personnel)

Air Quality Specialists (3)Air Quality Project Assistants (2)GRIC Air Quality Team

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Air Quality Program(Daily Responsibilities)

Review proposals for new facilities-GRIC business & land development procedures

Review EA’s & EIS’s for new construction projects

Issue burn permits (landscape waste only) Issue permit and conduct compliance

activities under medical waste ordinance

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GRIC Air Quality Program(Daily Responsibilities- cont.)

Respond to air quality related complaints

Compliance assistance activitiesAir quality monitoring activitiesConduct air quality outreach Participate in Joint Air Toxic

Assessment Project (JATAP)

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GRIC Air Program(Daily Responsibilities- cont.)

Review and comment on Title 5 permits

Participate in national tribal air quality working groups/initiatives

Conduct TIP development related task

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GRIC Air Quality Program Accomplishments

Needs assessment (identify sources, needs for air program)

Emissions Inventory Identify problem sources/source

classificationsUse EI info for monitor station design &

locationUse EI info for designation under new

NAAQSUse as basis for TIP development

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GRIC Air Quality Program (Accomplishments)

(cont.)

Mail-out packet for annual EIUse annual EI to track reduction of

pollutants Applied for and received eligibility

determination (TAS)Applied for and received 105 grant

funding

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GRIC Air Quality Program (Accomplishments)

(cont.)

Submitted proposal and received funding to develop monitoring network

Developed QAPP for monitoring network (received Partial Approval May 2002)

Submitted designation recommendation under revised NAAQS (ozone, CO, PM)

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GRIC Air Quality Program (Accomplishments)

(cont.)Drafted TIP scoping document and

received Tribal approval to develop TIPDrafted first section of GRIC TIP and

submitted for public comment (5/01)Reviewed comments and drafted

responsesFinalized revisions to GRIC Medical

Waste Management Ordinance, submitted for public comment (6/01)

Final approval of MWO by Council 4/02

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TIP Development: Completed Tasks

Developed TIP concept paperDeveloped TIP scoping documentApplied for 105 grant to develop

TIP

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Permits andEmissions

Section IIIEnforcement and Appeals

Section IIGeneral Provisions

Section I

Tribal Implementation Plan (TIP)Scoping Document

Gila River Indian Community

Tribal Authority Rule (TAR) - 1998

U.S. Environmental Protection Agency

Clean Air Act (CAA) - 1990CONGRESS TAR Litigation

EPA vs SRP APS State ofMichigan, etc.

Court Decision 5/5/00 upheldEPA

Step 2 - TIPElements

Step 1 - An outline of aTIP and Clean Air Actprograms DEQproposes to conduct

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TIP Completed Tasks(cont.)

Applied for eligibility determination for Treatment as a State (TAS) (6 month process)GRIC received TAS under 106 water

quality grant (1989)30-day review by EPA attorneys30-day review by Affected

Governmental agencies (boundaries only)

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TIP Completed Tasks(cont.)

EPA approved 105 grant funding for ongoing Air Quality Program 3/31/99

TAS approved by EPA 3/31/99Received EPA funding award as

amendment to 105 grant for development of 3 monitoring stations 2/2000

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TIP Completed Tasks(cont.)

Designed monitoring network after consultation with State and local monitoring personnel

Conducted extensive outreach efforts to gain support for GRIC TIP

Drafted first section of GRIC TIP and submitted for public comment 5/01

Received comments & drafted responses 6/02

Purchased air samplers and met equipment

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TIP Completed Tasks(cont.)

Set up 3 stations (PM10, PM2.5,, ozone, met)Drafted and revised Technical Support

Documents (TSDs)Developed draft TIP regulations (Section II

& III of GRIC TIP)Regulations for specific categories of sourcesRegulations for permitting, enforcement,

appeals etc.

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Proposed TIP ElementsPermitting Program

Area/small source permitting programSynthetic minor permitting programHAPs sources permitting programGRIC will not initially develop pre-

construction NSR or PSD permit programs

GRIC will develop a Non-TIP - Title 5 Operating Permitting Program

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Proposed TIP Elements (cont.)

Legal AuthoritiesGeneral Authority Ordinance/Reg.GRIC Tribal CourtsGRIC Tribal Law OfficeDevelop legal authorities where

lacking (e.g. appeals process)Develop enforcement process (e.g. DEQ enforcement policy)

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Proposed TIP Elements (cont.)

Legal AuthoritiesDevelop rules/regs./ordinancesReference by rule NSPS, NESHAPS,

Federal RegulationsAdopt provisions of local agency

rules/regs.

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Proposed TIP Elements(cont.)

Compliance Inspection ProgramAnnual inspections for major sourcesBiannual inspections for small/area

sourcesPerformance testing requirements

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Proposed TIP Elements(cont.)

Ambient Monitoring ProgramMonitor for PM10, PM2.5 and ozoneMeteorological stations

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Proposed TIP Elements(cont.)

Dust Control ProgramConstruction sitesAgricultural operations (BMPs)

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Proposed TIP Elements(cont.)

Stakeholder ParticipationState, county, city, community,

industry, agriculture, Tribal officialsMeetings with ADEQ, MAG, Chandler,

Phoenix, tribal communityGRIC Departments, organizations

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Proposed TIP Elements(cont.)

Public Notice/Comment PeriodOpen housesAdvertise TIP in local newspapersHold public meetings/hearings

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Proposed TIP Elements(cont.)

Submittal Process for Final Draft of TIPPresent to NRCPresent to Council for resolution for

approvalSubmit final draft to EPA for approval

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GRIC TIP Stakeholder Participation Process

TIP Concept paper Summary described benefits of TIP,

funding sources, EPA regulation vs Tribal etc.

Proposal describing need, AQ issues, goals & objectives

Presented to NRC and CouncilReceived direction to develop TIP

scoping document

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GRIC TIP Stakeholder Participation Process (cont.)

Council resolution approving proposal to EPA for funding to develop a TIP

Developed draft scoping document (used for all outreach efforts)Executive summary of scoping

documentDefinitions

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GRIC TIP Stakeholder Participation Process (cont.)

Outreach meetings to discuss elements of scoping documentADEQMaricopa County Environmental

ServicesMaricopa Association of GovernmentsPinal CountyCity of Chandler

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GRIC TIP Stakeholder Participation Process (cont.)

City of PhoenixSun LakesSalt River Indian CommunityFort McDowell7 GRIC Districts

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GRIC TIP Stakeholder Participation Process (cont.)

Conducted Open House on scoping documentMass mailing of scoping document

(150)2-presentations on proposed scoping

document elementsQuestion and comment sheetsApproximately 50 attendees

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Developed summary of comments from stakeholder meetings and open house

Presented summary of comments and responses to NRC, Council, Districts

Drafted Section I of the GRIC TIP (4/00), presented to NRC, Council, Districts

GRIC TIP Stakeholder Participation Process (cont.)

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GRIC TIP Stakeholder Participation Process (cont.)

Returned To NRC with packet containing scoping document, Section I of TIP and Medical Waste Ordinance and circuit court decision on TAR

Meeting with ADEQ to discuss scoping document, Section I of TIP, etc.

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GRIC TIP Stakeholder Participation Process (cont.)

Special breakfast meeting at request of NRC to discuss progress of TIP, scoping document, MWO

Council meeting with Scoping Document, summary of comments/responses, AQ chart, definitions, funding summary, values of AQ program (received final approval of scoping document)

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GRIC TIP Stakeholder Participation Process (cont.)

Meetings with NRC and Council (8/00-11/00)Revisions to MWOResolution for GRIC designation

recommendation under 8 hour ozone NAAQS

NCAI resolutionsUnanimous approval of GRIC

resolutionUnanimous approval of NCAI

resolutions

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GRIC TIP Stakeholder Participation Process (cont.)

Council meeting (12/00)Section I of TIP with outline and chartSection I of TIP unanimously approved

to submit for public comment (45 days)

NRC meetingAISES air video

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GRIC TIP Stakeholder Participation Process (cont.)

NRC MeetingSection I of TIP with outline and chartVirgil Masayesva and David LaRoche

(ITEP)Doug McDaniel (EPA)Section I of TIP unanimously approved

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GRIC TIP Stakeholder Participation Process (cont.)

Council meeting Medical Waste OrdinanceAdministrative procedures/appeals

processRecommended special Council

meeting

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GRIC TIP Stakeholder Participation Process (cont.)

Special Council MeetingMedical Waste OrdinanceAdministrative procedures/appeals

processDean Suagee-Vermont Law School

presentedAttended by GRIC Departments and

Law Office

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GRIC TIP Stakeholder Participation Process (cont.)

Submitted Section I of GRIC TIP for public comment 45 days (mid May 2001)

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GRIC TIP Stakeholder Participation Process (cont.)

Lessons LearnedSummarize all technical documents/

proposalsDevelop consistent process for

submitting documents to decisions makers (e.g. NRC, Council, Districts)

Document all questions and comments

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GRIC TIP Stakeholder Participation Process (cont.)

Lessons LearnedExpect the Unexpected (opposition

from anywhere-questions from left field)

Once is not enough! Be repetitive!Education is the key

Assume no one knows anything about CAASimplify technical docs into layman's termsSpell out acronyms, include

maps/pictures/graphics

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GRIC TIP Stakeholder Participation Process (cont.)

PatiencePerseverance

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GRIC Medical Waste Management Ordinance Development

Medical Waste Incinerator located at GRIC in 1993

GRIC drafted MWO in 1993 to regulate storage, handling and treatment of HMI waste

No federal emission limits at this time

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MWO Development (cont)EPA promulgated federal guidance

40 C.F.R subpart Ce for HMIWIsGuidance had emission limits more

stringent than existing GRIC MWOEPA promulgated Federal Rule, HHHFed guidance and rule contained

addition requirements (testing, training, reporting, waste reduction etc.)

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MWO Development (cont)DEQ felt that existing ordinance

needed revisionDEQ research discovered a permit

with more stringent emission limits than Feds (Bay Area incinerator)

Bay area emission limits based on health assessment

GRIC adopted Bay Area limits

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MWO Development (cont)

GRIC ordinance contains storage, handling, reporting, testing etc. requirements

Compliance by July 10, 2002 vs Sept. 30, 2002 + 180 days

After extensive outreach, GRIC ordinance received final approval by Community Council April 10, 2002

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MWO Development (cont)GRIC ordinance is Tribally

enforceableGRIC will submit ord to EPA for

approval under section 111D Submit at same time as TIPUpon EPA approval, MWO will be

Federally enforceableGRIC will include requirements in

Title 5 permit

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MWO Development (cont)

Under GRIC ordinance facility must submit:Permit applicationPerformance test resultsO&M planWaste reduction planTransportation plan