One Tribe’s Approach to TIP Development: The Gila River Experience
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Transcript of One Tribe’s Approach to TIP Development: The Gila River Experience
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