The Air Quality Program has developed a set of regulations for air pollution sources. These regulations are known as the Air Quality Management Plan (AQMP). Once the AQMP was approved by EPA, the Community became the first Tribe in the Country with a comprehensive set of air regulations. The AQMP gives the Program the authority to implement the Clean Air Act through issuance of the following permits:
- Open Burning;
- Earth Moving Operations; and
- Industrial Operations (i.e., stationary sources).
The AQMP also allows the Program to conduct compliance inspections and take enforcement actions to correct the issues, if needed.
In accordance with Part V, Section 1.0 of the AQMP, any person seeking to conduct residential or agricultural burning shall submit a Burn Permit Application to the Department prior to conducting burn activities.
The following types of fires are authorized by burn permits:
- Residential fires set for the disposal of leaves, lawn clippings, tree trimmings/tree limbs and other yard waste, provided that no materials that generate toxic fumes are burned (e.g., oleander leaves or branches).
- Commercial fires set for the disposal of vegetative waste resulting from the process of land clearing, commercial development or other large scale permitted fires.
- Agricultural fires set for weed control or abatement, clearing fields or ditches of vegetation, or the disposal of other naturally grown products of horticulture, provided that no materials that generate toxic fumes are burned (e.g., oleander leaves or branches).
Open burning of the following materials is forbidden:
- Garbage resulting from the processing, storage, service or consumption of food;
- Asphalt shingles, tar paper; plastic and rubber products;
- Petroleum products (such as waste crankcase oil, transmission oil and oil filters);
- Transformer oils;
- Hazardous material containers including those that contained inorganic pesticides, lead, cadmium, mercury, or arsenic compounds;
- Tires (whole, shredded or chopped);
- Construction debris
- Debris from demolished homes and trailers homes; and
- Asbestos containing materials.
The complete rules for open burning are found in Part V, Section 1.0 of the AQMP
EARTH MOVING PERMITS
In accordance with Part V, Section 2.0 of the AQMP, the owner and/or operator proposing to conduct fugitive dust generating operation which exceed one (1.0) acre in size shall apply for and receive a permit from the Department prior to conducting any earthmoving operations. GRIC entities are exempt from the prescribed fees in the ordinance but are not exempt from submitting an Earthmoving Permit Application with Dust Control Plan. Fugitive Dust Generating Operation means any activity capable of generating fugitive dust including, but not limited to, land clearing, earthmoving, excavating, construction, demolition, material handling, storage and/or transporting operations, vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots.
Total Surface Area Disturbed
1 acre to 10 acres
10 acres or greater
$36.00 per acre plus $110.00
Example: 10 acres = 10 x $36.00 + $110 = $470
The complete rules for fugitive dust emissions and earth moving permits are found in Part V, Section 2.0 of the AQMP.
A copy of the Earth Moving Permit Application and Dust Control Plan is located here.
NON-TITLE V OPERATING PERMITS FOR STATIONARY SOURCES
In accordance with Part II, Section 2.0 of the AQMP, no person shall begin actual construction of, continue to operate, or make modification to any stationary source subject to permitting without complying with the permit issuance and revision procedures of Part II of the AQMP. Stationary sources (facilities) subject to permitting include, but are not limited to:
Any facility that emits over 1 ton annually of any criteria pollutant (NOx, SOx, Lead, CO, Ozone, PM10).
Any facility that emits over 1000 pounds annually of any hazardous air pollutant or 1 ton of any combination of hazardous air pollutants.
Any facility that emits over 300 pounds annually of any ultrahazardous air pollutant or any combination of ultrahazardous air pollutants.
Agricultural equipment and operations are currently exempt from permitting. The complete rules for applicability and requirements for operating permits, including a list of de minimis (exempt) sources, are found in Part II of the AQMP.