1. Enforcement Case Study Daniel Blair, Compliance and Enforcement Mgr.

2. Gila River Indian Community Background Established in 1859 by Executive Order Consists of two (2) tribes Akimel O’odham (Pimas) – Districts 1 thru 5 Pii-Pash (Maricopas) – Districts 6 & 7 Landbase 374,000 Acres Population On reservation 15,000 Off reservation 5,000

6. Monitoring Stations Gila River Indian Community Industrial Parks Sand & Gravel

8. Industry Background Two industrial parks, 50 businesses & industries Pacific Scientific, Triumph, Local Motors, Superlite Block, Pimalco, Champion Homes, etc. Other GRIC-Area Sources Other GRIC-Area Sources 40,000 agricultural acres 40,000 agricultural acres Acreage will increase to 146,000 over next 10 years Acreage will increase to 146,000 over next 10 years Interstate 10 bisects Community Interstate 10 bisects Community (largest source of air pollution) (largest source of air pollution)

9. AQMP Background 2006 GRIC Adopts AQMP 2007 GRIC Submits AQMP to USEPA for Federal Enforceability 2009 GRIC Submits AQMP supplemental Packet to USEPA 2011 USEPA approves AQMP

10. AQMP Elements Part I. General Provisions Part II. Permit Requirements Part III. Enforcement Ordinances Part IV. Administrative Appeals Part V. Area Source Emission Limits Open Burning Fugitive Dust Part VI. General Requirements Visible Emissions VOC Usage, Storage, Handling Degreasing, Solvent Metal Cleaning Part VII. Source/Category Specific Emission Limits Secondary Aluminum Processing Aerospace Manufacturing and Rework Operations Non-Metallic Mineral Mining and Processing

11. GeneralChemical

13. GC Background Ferric Chloride & Aluminum Sulfate Production Plant Ferric Chloride - HCl, water and iron oxide Aluminum Sulfate – Sulfuric Acid, water and alum GC recently purchased facility from Chalum and upgraded to include ferric chloride process (GC conducted Community meetings requesting new process) Installed state of the art equipment New tanks, automatic overfill equipment, safety equip. etc.

14. General Chemical Community members and DEQ had a concern about HCl storage (Rail Cars) Odors Acid Vapors Spills Accidents GC Assured the Community that there would not be any problems

15. GC Enforcement Action Observed “Red” plume from behind Rail Cars Tote unloading equipment not operating properly Observed numerous other waste violations

25. GC Enforcement Action Conducted full inspection (Air & Waste) Issued a Notice of Violation (NOV) Air & Waste Violations Offer to convene Enforcement Conference Potential violation 3.4 million (calculated) Issued Consent Order with $25,000 penalty Required Corrective Action Plan (CAP) with enforceable requirements and timelines GC complied with all requirements

26. GC Enforcement Action GC scraped up all spilled iron oxide and hauled it to landfill Repaired containment areas, sumps etc. Reengineered Tote Unloading System (observed restart) Submitted iron oxide storage plan Submitted Air Quality Operating Permit Application Paid $25,000 penalty

27. Things to Consider Before Conducting Enforcement Action Legal Authority Tribal ordinances Delegation of Federal NSR program Leases etc. Permits Documentation of Violation Complaint reports Inspection reports VE sheets NOVs/Orders Pics

28. Things to Consider Before Conducting Enforcement Action Notification of Proposed Enforcement Action to Tribal Law Office/Attorneys Tribal Council ? EPA Other Affected Parties (e.g., Industrial Park Board, GRSG etc.)

30. Contact Information Will Antone III, Air Quality Specialist PO Box 97 Sacaton, AZ 85147 (520)562-2234 wantone3@gilanet.net Dan Blair, Compliance & Enforcement Manager PO Box 97 Sacaton, AZ 85147 (520)562-2234 air@gilanet.net