Transcript TIPworksessNRC PtII REV05.ppt

GILA RIVER INDIAN
COMMUNITY
Natural Resources Standing
Committee
Work Session II on Air Quality
Tribal Implementation Plan
June 24, 2005
WHY HAVE AN AIR QUALITY
PROGRAM AT GRIC?
Over 45 businesses & industries
Aluminum-extrusion plants (3)
Hazardous-waste TSD
Explosives manufacturer
Sand and gravel plants
Industrial Facilities (cont.)
 Agricultural
chemical supply (3)
 Turbine test facility
 Concrete block manufacturer
 Mobile home manufacturer
 Aerospace remanufacture/rework
 Others
Air Quality Program
Tribal Implementation Plan
 Protect
Air Quality; Health
 Tribal
regulation rather than US EPA or
State of Arizona; shaped by Community
values/needs
 Fill
tribal gaps in federal program –
important for industry
 Open
Process, familiar to industry
Costs & Benefits of Air Quality
Regulation
 Office
of Management and Budget
Report on costs and benefits of all
federal regulations (2003)
 Air Quality regulations account for
majority of benefits (human health)
Federal Laws and Regulations
 Clean
Air Act amendments of 1990
 Tribal Authority Rule (TAR) 1998
 Lawsuit by APS, SRP and several
states
 Gila River, Salt River, Navajo and
Shoshone Bannock intervene in
lawsuit
 Court supports EPA and Tribes
First Steps of TIP
 Emissions
Inventory
 EPA determines GRIC eligible for
CAA program funds
 5 Full-time staff
 Scoping (open house/public
comment)
 Council Resolution
*not all federal programs (NSR, PSD)
Air Quality Monitoring
3 Air quality monitoring stations:
Sacaton: ozone (smog)
Casa Blanca: PM10 (dust & soot)
St. Johns: PM2.5 , ozone, air toxics
All three sites gather weather data
TRIBAL
IMPLEMENTATION
PLAN
DEVELOPMENT
Medical Waste Mngmnt Ordinance
 1993
first ordinance – fee $10,000 plus
$5,000 for autoclaves
 Federal Rules updated; DEQ updates
GRIC ordinance (stringent emission limits)
 Administrative Procedures – appeals and
enforcement
 Enacted by Council in 2002
Medical Waste Management
Ordinance (cont.)
 DEQ
issues order; not appealed
 Anti-Trust settlement (AZ and Utah)
 Stericycle decides to close incinerator;
autoclaves remain
 decommissioned (soil testing)
 permit issued October 2004 (autoclaves)
TIP Phase I (completed)
 First
Phase of TIP enacted by Council in
2002 (Part I)
 full public comment
 establishes procedures for adopting TIP
 National Ambient Air Quality Standards
(NAAQS) adopted as GRIC standards
TIP Phase II Components
Part I – Previous PHASE I (passed by Council
2002)
 Part II – Permit Requirements
 Part III – Enforcement
 Part IV – Administrative Procedures
 Part V – Area Sources
 Part VI – General sources
 Part VII – Specific sources

Permit Requirements – Part II
 Meat
of TIP
 One air permit for a facility
 Permit contains requirements
 What facilities need a permit?
Enforcement – Part III
 Civil
 Criminal
– GRIC DEQ and Law
Office completing MOA with
the US EPA
Administrative Procedures – Part IV
 Medical
Waste Management Ordinance
 Chemical Emergency Planning Ordinance
 Appeals
 Enforcement
Area Sources – Part V
 Open
Burning
 Fugitive dust
General Sources - Part VI
 Visible
Emissions (20% opacity)
 VOC use, storage and handling
 Degreasing and metal cleaning
Similar to state and counties
Specific Sources – Part VII
 Technical
Support Documents (TSD’s)
 Proposed Ordinances
 Secondary
Aluminum Production
 Aerospace Manufacturing & Rework
 Nonmetallic Mineral Mining
 Met
with facilities
Open Burning (area source)
1995 Solid Waste Ordinance stopped burning of
trash
 DEQ and GRIC Fire Dept. jointly issue burn
permits for yard waste
 For the last 3 summers, GRIC Governor
proclaimed a ban on any type of burning due to
dry conditions
 Special permits may be approved by GRIC Fire
Dept.

Open Burning (cont.)
 Recently,
DEQ staff distributed
questionnaires on open burning to GRIC
members at District meetings
 Total
Respondents = 191
Open Burning (cont.)

2005 Questionnaire Results:

What Type of Burning Should be Allowed?
Yard Waste (Trees, Weeds, Grass etc.) 48%
 Trash 10%
 Land Clearing 17%
 No burning Allowed 22%
 Other 3%

Open Burning (cont.)
2005 Questionnaire (cont.)
 Where do you dispose of your Solid Waste?

Public Works Container 74%
 Transfer Station 11%

Burn Barrel 3%
 Pit Dug in Back Yard 3%
 Other 9%

Open Burning (cont.)
The current process for residential &
Agricultural burning includes:
 Burn
only landscape waste/weeds – a
permit is required at no fee. Applications
are available at district service centers and
the DEQ office in Sacaton
 Burn small piles
 Burn between 9:00 a.m. and 3:00 p.m.
Open Burning (cont.)
 Notify
neighbors within ¼ mile
 No permit is required for cultural
activities, heating or cooking
 No permit required for religious or
ceremonial activities
Open Burning (cont.)
Based on Community Comments,
DEQ Anticipates Revising the
Proposed Open Burning
Ordinance
Open Burning (cont.)
Anticipated Proposal:
 Keep
Current Permit System for
household yard waste burning and Ag.
 DEQ/Fire
 No
Dept. Permit
Fee
*No additional restrictions on burning in high
density housing area (until alternate disposal
available)
Open Burning (cont.)
Commercial Land Clearing (10 acres or greater)
 Initial
Land Clearing for Ag.
 Land Clearing for Housing Developments
 Land Clearing for Industrial Facilities
Open Burning (cont.)
 Additional
permit requirements for
Commercial Burns
Fire
Suppression Onsite
Notify Fire Dept. & ANYONE
affected
$100 fee except Community
members & Tribal Entities
Fugitive Dust
Permits are required for the following
dust-producing activities:
 Commercial
Earth Moving Operations
 Demolition of buildings
 Land clearing greater than 1 acre
 Storage & handling of materials such as
sand & gravel operations
Fugitive Dust (cont.)

Exemptions: (Not Affected by Ordinance)
 Agricultural
activities other than initial
land clearing
 Single family residences
 Public Roads (Tribal, Federal, Local)
Fugitive Dust (cont.)
Permitted sources will be required to
submit a Dust Control Plan describing
what method will be used to control
dust, such as:
 Watering
 Chemical application
 Prevent vehicle track-out
Fugitive Dust (cont.)
 Cover
or wet piles to create crust
 Cover trucks hauling materials
Certain industrial sources may need to
submit a dust control plan for roadways
and unpaved parking areas
Fugitive Dust (cont)

Earth Moving Permit Fee
1 acre to 10 acres
 10 acres or greater

$75.00
$36.00/acre plus $110.00
[Example 10 x $36.00 + $110.00 = $470.00]
*Tribal Entities are exempt from fees
Large & Small / New & Existing
Sources
 Large
Sources (Major; Title V)
 Pimalco is currently the only major source
at GRIC
 Smaller Sources (minor) and Synthetic
Minor Sources
 New Sources
 Existing (changes?)
Concepts
 Emissions
from sources cannot cause
a violation of air quality standards
 Public Participation (permits)
 Include some federal regulations ‘by
reference’
 Emissions – based on technology
ATTAINMENT
(Clean Air)
The TIP Assumes GRIC
is “Attainment”
Permit Fees





Title V - CAA requires large sources to pay for cost of
developing and implementing the Title V program
States and counties charge fees
GRIC charges fee to medical waste
incinerator/autoclaves
GRIC permit fees are similar to surrounding
jurisdictions
Most fees range from $75 to $3,100
Next Steps & Timetable
May – July 2005
 Public Comment Period closes July 1
 Public Hearing Held June 22, 2005
 Presentations to Districts (complete)
 Presentations to other entities
(complete)
Next Steps & Timetable (cont.)
July – August 2005:
 Review
of comments
 Revise ordinances
 Submit Summary of Comments and
revised TIP ordinances to NRC,
Legislative and Council for enactment
Next Steps & Timetable (cont.)
 After
Council Enactment, GRIC will
submit TIP (Phase I and Phase II) to
US EPA (September 2005)
Delegation of Federal Authority
Anticipate September 2006
 EPA
approves GRIC TIP
 Federal
authority to GRIC for TIP
programs