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GRIC TAS GRIC TAS Development Process Development Process

Dan Blair Compliance and Enforcement Mgr.

Gila River Indian Community (GRIC)Department of Environmental Quality

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Background: Gila River Background: Gila River Indian CommunityIndian Community

Akimel OAkimel O’’odham (Pima) & Pii Pash odham (Pima) & Pii Pash (Maricopa)(Maricopa)

Located in Maricopa & Pinal countiesLocated in Maricopa & Pinal counties Established in 1859 by Executive Established in 1859 by Executive

OrderOrder 374,000 acres374,000 acres Population 15,500 people (on- Population 15,500 people (on-

reservation)reservation)

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Industrial FacilitiesIndustrial Facilities3 industrial parks, 45 businesses &

industriesOther GRIC-Area SourcesOther GRIC-Area Sources

40,000 agricultural acres40,000 agricultural acresAcreage will increase to 140,000 over Acreage will increase to 140,000 over

next 10 yearsnext 10 yearsInterstate 10 bisects CommunityInterstate 10 bisects Community

(largest source of air pollution)(largest source of air pollution)EncroachmentEncroachment

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GRIC TAS Development

When presenting to decision-makers, best to use correct terminology

“Eligibility Determination from EPA to Implement Clean Air Act Programs in the Same Manner as a State” (also known as “Treatment as a State” or TAS)

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Why GRIC Applied for Full TAS

Strengthen GRIC tribal sovereignty Establish legal foundation to implement GRIC

AQMP GRIC vs EPA regulation Protect human health and environment Protect GRIC cultural heritage as an

agricultural society Strengthen economic development

opportunities Manage air emissions from industry & area

sources

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GRIC TAS Development Process

Reviewed previous TAS applicationsAir Quality 105Water Quality 106Water Quality 319

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GRIC TAS Development Process Reviewed TAR requirements 49.6 for TAS

Federally Recognized TribeTribe has governing body carrying out

substantial governmental dutiesManagement and protection of air

resources within exterior boundary of Reservation or other area within tribe’s jurisdiction

Tribe reasonably expected to be capable of carrying out functions of CAA regulation

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GRIC TAS Development Process

Federally Recognized TribeFederal Register notice, Volume 63, No.

250, December 1998

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GRIC TAS Development Process

Tribe has governing body carrying out substantial governmental dutiesConstitution of the GRIC, March 17, 1960

GRIC Law and Order Code, Title 9

GRIC Org. Chart

Resolution GR-317-67 Adoption of an Organization Plan for the Community Government

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GRIC TAS Development Process

Tribe has governing body carrying out substantial governmental duties (cont.)GRIC Code, Title 13, Business

Licenses and TaxationGRIC financial management &

procurement policyOther appropriate documents

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GRIC TAS Development Process

Description of reservation boundariesGRIC TAS eligibility award letters, CAA

105, CWA 106, CWA 319EPA Region 9 letter providing GRIC

authority to issue synthetic minor permitsMap of GRIC (GRIC original boundary and

addition of land map)Congressional Order February 28, 1859Executive ordersJurisdictional Letter (GRIC Law Office)

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GRIC TAS Development Process

Capability descriptionNarrative of GRIC’s capability to

administer CAA programs & staff biosGRIC DEQ organizational chartCopies of ordinances enforced by GRIC

DEQGRIC DEQ accomplishments documentGRIC DEQ program activities brochureGRIC AQMP

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GRIC TAS Development Process

Additional documentsCriminal enforcement MOA

between GRIC and EPA

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GRIC TAS Development Process

GRIC submitted complete TAS packet to EPA requesting eligibility under sections 107(d), 110, 111, 112, 114, 505, Title V and any other section of CAA necessary for full implementation authority

EPA drafted Federal Register and Submitted it for Public Comment (30 days)

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Stumbling Blocks/Delays

Public comment period – EPA brought up boundary dispute between GRIC and City of Phoenix

EPA recommended carving out portion of northern boundary for air quality regulation similar to Navajo carve-out

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Stumbling Blocks/Delays

GRIC DEQ and Law Office refused carve-out due to other boundary disputes

GRIC Law Office drafted second letter addressing northern boundary

EPA received no comments on GRIC TAS application

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Stumbling Blocks/Delays

EPA still had concern about disputed boundaryOrganized conference call with EPA R-9

attorneys, Headquarters attorneys, GRIC attorneys and GRIC DEQ

Final resolution: Phoenix did not comment on TAS and lost ability to challenge boundary

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GRIC TAS Development Process

EPA approved GRIC TAS application

Presented Certificate of Completion to

Will Antone at EPA Region 9

Conference, Tucson Arizona, October

21, 2009

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TASTASFinal ApprovalFinal Approval

TAS application approved by Council

Nov. 1, 2006

TAS support documents legal description and maps

Oct. 6, 2008

TAS for public comment Dec.16 2008

Law Office letter to address boundary dispute

March 18, 2009

Revised criminal enforcement MOA

Oct. 26 2009

Final EPA approval of TAS Oct. 26 2009