(a) Purpose and scope. This section contains the approved implementation plan for the Gila River Indian Community dated August 2008. The plan consists of programs and procedures that cover general and emergency authorities, ambient air quality standards, permitting requirements for minor sources of air pollution, enforcement authorities, procedures for administrative appeals and judicial review in Tribal court, requirements for area sources of fugitive dust and fugitive particulate matter, general prohibitory rules, and source category-specific emission limitations and standards.
(b) Incorporation by reference.
(1) Material listed in paragraph (c) of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register.
(2) EPA Region IX certifies that the rules/regulations provided by EPA in the TIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated tribal rules/regulations which have been approved as part of the Tribal Implementation Plan as of January 19, 2011.
(3) Copies of the materials incorporated by reference may be inspected at the Region IX Office of EPA at 75 Hawthorne Street, San Francisco, CA 94105-3901 or call 415-947-4192; the U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and Information Center, MC 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or call 202-566-1742; and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.
(c) EPA-approved regulations.
EPA-Approved Gila River Indian Community Tribal Regulations
| Tribal citation | Title/subject | Tribal effective date | EPA approval date | Explanations |
|---|---|---|---|---|
| Gila River Indian Community, Tribal Implementation Plan, Part I, General Provisions, Sections 1-3 | Definitions, General Authority, Procedures for Preparation, Adoption, and Submittal of the Air Quality Management Program | August 20, 2008 | 3/28/11 [76 FR 17028] | |
| Gila River Indian Community, Tribal Implementation Plan, Part I, General Provisions, Section 4 | Adoption of National Ambient Air Quality Standards as Community Standards | August 20, 2008 | 3/28/11 [76 FR 17028] | Note: several revisions to the NAAQS have occurred since the adoption of the TIP. |
| Gila River Indian Community, Tribal Implementation Plan, Part II, Permit Requirements | Definitions, Applicability of Permit Requirements, Non-Title V Permit Requirements, Permit Revisions at a Non-Title V Source, Continuous Emissions Monitoring, Stack Height Limitation, Confidentiality of Information, Permit Fees | August 20, 2008 | 3/29/11 [76 FR 17028] | Title V regulations are not approved into the TIP. |
| Gila River Indian Community, Tribal Implementation Plan, Part III, Enforcement Ordinances | Civil Enforcement, Criminal Enforcement, Citizen Suits | August 20, 2008 | 3/28/11 [76 FR 17028] | |
| Gila River Indian Community, Tribal Implementation Plan, Part IV, Administrative Appeals | General Provisions, Definitions, Administrative Appeals Procedures, Final Administrative Decision: Review, Judicial Review of Final Administrative Decisions | August 20, 2008 | 3/28/11 [ 76 FR 17028] | |
| Gila River Indian Community, Tribal Implementation Plan, Part V, Area Source Emission Limits, Sections 1-2 | Open Burning, General Requirements for Fugitive Dust-Producing Activities | August 20, 2008 | 3/28/11 [76 FR 17028] | |
| Gila River Indian Community, Tribal Implementation Plan, Part VI, Generally Applicable Individual Source Requirements for Existing and New Sources, Sections 1-3 | Visible Emissions; VOC Usage, Storage, and Handling; Degreasing and Solvent Metal Cleaning | August 20, 2008 | 3/28/11 [76 FR 17028] | |
| Gila River Indian Community, Tribal Implementation Plan, Part VII, Source/Category Specific Emission Limits for Existing and New Sources, Sections 1-3 | Secondary Aluminum Production, Aerospace Manufacturing and Rework Operations, Nonmetallic Mineral Mining and Processing | August 20, 2008 | 3/28/11 [76 FR 17028] |
(d) Nonregulatory.
| Name of nonregulatory TIP provision | Tribal submittal date | EPA approval date | Explanations |
|---|---|---|---|
| Gila River Indian Community, Tribal Implementation Plan, Introductory Materials | June 22, 2009 | 3/28/11 [76 FR 17028 | |
| Technical Amendments to Part II of the 2006 Air Quality Management Program Plan, Title 17 Chapter 9 of the Gila River Indian Community Law and Order Code | June 22, 2009 | 3/28/11 [76 FR 17028] | Minor NSR program support documents. |
| Minor New Source Review Demonstration | June 22, 2009 | 3/28/11 [76 FR 17028] | Minor NSR program support documents. |
| Letter from Margaret Cook, Executive Director, GRIC DEQ, to Deborah Jordan, Air Division Director, EPA Region 9, Re: Gila River Indian Community Tribal Implementation Plan | July 17, 2010 | 3/28/11 [76 FR 17028] | Letter discussing intent of citizen suit provisions in Part III. |
[76 FR 17030, Mar. 28, 2011]
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