1 Navajo Nation Operating Permit Program Anoop Sukumaran, Navajo Nation EPA Tribal Program Development

2 NNOPP Mission To protect and enhance the health and livelihood of Navajo people To protect and preserve the natural beauty and environment on the Navajo Nation To ensure the air emissions from the industries operating on the Navajo Nation are regulated

3 Background/History NAQCP Sect. 103 NNCAA NNOPR, NAQCP Sect. 105 Navajo Uniform Regs Part 71 Delegation, Amendment Air Regs VCA power plants Power Plant Deleg, T V permit renewals FIP for FCPP, T V for NGS and FCPP NNEI, T V renewals, ANPRM FCPP, NGS FIP NGS, BART FIP FCPP, GHG

4 TAS - Eligibility Requirements “CAA” section 301(d) and 40 CFR §49.6 Tribal Authority Rule (TAR) – The applicant is an Indian tribe recognized by the Secretary of the Interior. – The Indian tribe has a governing body carrying out substantial governmental duties and functions. – The functions to be exercised by the Indian tribe pertain to the management and protection of air resources within the exterior boundaries of the reservation or other areas within the tribe’s jurisdiction. – Indian tribe is reasonably expected to be capable, in the EPA Regional Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of the Clean Air Act and all applicable regulations.

5 Navajo Nation TAS Approval TAR Requirement # 1 Referencing Navajo Clean Water Act TAS application approved on June 30, 1993 TAR Requirement # 2 Navajo Nation tripartite government, with executive, legislative and judicial branches Legislation of Navajo Nation Air Pollution Prevention and Control Act TAR Requirement # 3 Provided maps, legal description, satellite areas, tribal trust lands, Treaty of June 1, 1868 etc., No determination with respect to Bennet Freeze Area and administration of the two power plants Enactment of Navajo Nation Operating Permit Regulations TAR Requirement # 4 NNEPA and USEPA collaborative effort to develop air program since 1987 NNEPA has 67 staff and various USEPA delegated programs

6 U.S.EPA & NNEPA Delegation Agreement Part 71 Fees Permit Renewal, Application, Permit Reopen Implementing and enforcing Part 71 permit Administration of permit program Permit Development and Review Part 71 permit application determination Review applicable permit requirements Provide Public Notices and Public Hearing Administer permit revisions and renewals Enforcement Development of compliance plans and schedule Review of ACC, EER, audit stack testing EPA maintains full investigative and enforcement authority Administrative and Judicial enforcement by NNEPA Submittal of Information Permit IssuancePermit ReportingFee Auditing Data Management& Retention of Records

7 Navajo Nation Administers Power Plants On May 18, 2005, NNEPA and participants of power plants entered into Voluntary Compliance Agreement (VCA) Federal statues and executive action granting participants’ rights to operate FCPP and NGS free of Navajo Tribal regulation, interference, or adjudication VCA resolves the dispute as to Navajo Nation’s jurisdictional authority to regulate power plants – 1960 lease agreement The Operating Agents ( FCPP, NGS) agreed to with provisions of Navajo Nation’s law incorporated in the VCA and part 71 permit administered by NNEPA pursuant to delegation agreement If VCA is terminated or expires for a plant, permit then in effect for that plant remains in full force and effect as provided for in 40 CFR § 71.4(k), but plants shall be regulated by U.S. EPA

8 Navajo Clean Air Act April 24, 2004 Subchapter 1. General Provisions Subchapter 2. Air Quality Control Programs Part A. Tribal (NN)implementation plans Part B. PSD of Air QualityPart C. Protection of Visibility Part C. New Source Performance Standards Part E. Provisions for NAA and NSR Part F. Control of HAPPart G. Acid Deposition ControlPart H. Permits Subchapter 3. Enforcement Subchapter 4. Rulemaking and Judicial Review

9 NAVAJO EPA Executive Director AIR & TOXICS Department Manager AIR QUALITY CONTROL Program Supervisor Section 105 Grant Program Senior Environmental Specialist ( Air Monitoring) Senior Environmental Specialist ( Outreach, Open Burn, New Regulations) Environmental Specialist ( Air Monitoring, assist OPP, Outreach) Environmental Technician Office Specialist Operating Permit Program Environmental Engineer (Title V Permit Writer/Reviewer) Environmental Specialist (Compliance Evaluation Inspector) Sr. Information Systems Technician Office Specialist Environmental Engineer, (Permit Writer, Reviewer)

10 Issuance of Title V Permits to large industrial facilities on the Navajo Nation Compliance and Enforcement Inspections at Title V permitted facilities Address Citizen Complaints Establish and Maintain Emissions Inventory Study new proposed federal regulations to enhance and amend the Navajo Air Pollution Control and Prevention Act Outreach and Education Activities NNOPP Responsibilities

11 Federal Implementation Plan for FCPP and NGS EPA’s promulgation of Tribal Authority Rule clarified that state air quality regulations generally could not be extended to facilities located on the Indian reservation Plants were previously complying New Mexico (FCPP) and Arizona (NGS) State Implementation Plan (SIP) EPA finalized FIP for FCPP (40 CFR ) on May 7,2007 and a FIP for NGS (40 CFR ) on March 5, 2010 FIP is proposed to establish federally enforceable emissions limitations for sulfur dioxide, nitrogen oxides, total particulate matter, and opacity, and requirement for control measures for dust Existing pollution control equipment at FCPP includes baghouses and scrubbers for SO 2 control and specific burners designed for NO x control Existing pollution control equipment at NGS includes electrostatic precipitators for particulate matter removal and LNB/OFA for NO x control NNEPA incorporated FIP requirements to Title V permit issued to the power plants

12 Title V Sources on the Navajo Nation El Paso Natural Gas Compressor stations 1. Leupp 2. Dilkon 3. Navajo (Cornfields, AZ) 4. Window Rock 5. Gallup 6. White Rock Transwestern Pipeline Compressor stations 1. Leupp 2. Klagetoh Peabody Western Coal Company ConocoPhillips Wingate Fractionating Plant Resolute Aneth Unit 1 Resolute Aneth Unit 2 ( EPA R9 is drafting PSD permit) APS Four Corners Steam Electric Station SRP Navajo Generating Station

13 Title V Sources Compliance Evaluation Review compliance reports submitted by facilities Maintain database and retention of records Conduct annual compliance evaluation inspections of facilities Write inspection reports and provide compliance assistance Audit RATA and performance testing Take actions in case of violations, citizen complaints and exceedance of permit conditions EPA maintains its full federal investigative and enforcement authorities EPA provides training and guidance to the NNEPA staff to develop NNEPA’s enforcement program

14 Navajo Nation Emission Inventory (NNEI) FY 2005 NNEI Objectives Develop comprehensive inventory of air pollution sources on Navajo Nation Improve accuracy of baseline emissions estimates Plan and implement emission reduction strategies, air modeling, regulation development, and policy evaluation NNEI General Goals Confirm Title V and identify he non-Title V point sources Review permit documents and annual EI submitted by the Title V sources along with the FEE Form Obtain EI data for non-Title V point sources Identify potential emission sources and activity data to develop area source emission estimates

15 NNEI Determination PollutantSourceEI Results NOxPoint Source93% FCPP and NGS SO 2 Point Source99% FCPP and NGS VOC and COArea SourceResidential wood combustion, wildfires, and prescribed fires PM 10 and PM 2.5 Area SourcePaved road dust, unpaved, residential wood combustion NH 3 Area SourceLivestock, wildfires, prescribed fires

16 Scope for Future Work Inventoried point source improvements: Stack parameters Known Missing Point Source Facilities: Minor source issue, lack of data to calculate emission estimates Other Missing Point Source Facilities: Possible point source emissions are included in the area source inventory, a detailed survey needed to develop estimates Data Needed to develop emissions estimates for additional Non-Title V point sources: Assumptions were made for emissions estimates Missing Area Source Categories: Nonexistent on NN, insignificant, data unavailable

17 Regional Haze Rule (RHR) 40 CFR Subpart P § The Clean Air Act requires (Best Available Retrofit Technology) BART review when any source that “emits any air pollutant which may reasonably be anticipated to cause or contribute to any impairment of visibility” in any 156 Federal Class I area Sixteen (16) and eleven (11) Class I area within 300 km (186 mi) radius of Four Corners Power Plant and Navajo Generating Station Predicted visibility impact with baseline emissions exceeds 0.5 delta-deciview

18 Regional Haze Visibility Impact Best 24-hr avg visibility Worst 24-hr avg visibility

19 BART Five Factor Analysis Cost of Compliance Energy and non-air quality environmental impacts of compliance Existing pollution control technology at the source Remaining useful life of the source Degree of visibility improvement which may be anticipated from the use of BART

20 Federal Class 1 Areas

21 Navajo Nation BART Comment Team Navajo Nation President NNEPA Executive Director Air & Toxic Department Manager Air Quality Attorney Operating Permit Program Navajo Division of Natural Resources Natural Resource Attorney NN Attorney General Water Rights Unit Attorney Navajo Nation Vice President

22 Community Outreach and Education

23 NAQCP Current & Future Projects Actively involved in BART FIP for FCPP, NGS and SJGS Analyze, interpret new CAA rulemaking such as Utility NESHAP, Tribal NSR, GHG, NESHAPS, and NSPS etc., Finalize the proposed Navajo Nation Open Burn Regulation Transition to Part 70 program Identify future air monitoring sites Develop and update NNEI Compliance Evaluation Inspection Title V permit renewals Develop and maintaining database

24 Navajo Nation Operating Permit Program Route 112 North/Bldg Fort Defiance, AZ FAX: (928) Phone: (928)