Regional Haze Rule Best Available Retrofit Technology Government to Government Consultation Navajo Nation Environmental Protection Agency

NGS BART (PENDING) NOx Mercury (Final) Coal Ash Rule Climate Change FCPP BART (FINAL) NOx, PM Mercury (Final) Coal Ash Rule Climate Change SJGS BART (STAYED) NOx Mercury (Final) Coal Ash Rule Climate Change Coal Fired EGU’s Surrounding Navajo Nation EPA R9

Navajo Nation 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

Regional Haze Rule (RHR) 40 CFR Subpart § 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 There are sixteen (16) and eleven (11) Class I area within 300 km (186 mi) radius of the Four Corners Power Plant and Navajo Generating Station Predicted visibility impact with baseline emissions exceeds 0.5 delta- deciview

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

Timeline For Proposed Activities “Goal is to achieve natural background levels by 2064 (i.e., no manmade visibility impairment)” 53 Years Every 10 years beginning in 2018 the previous SIP/FIP must be updated to account for current visibility and progress made toward the 2064 goal 6

Federal Class 1 Areas Within NGS & FCPP

BART Five Factor Analysis 40 CFR § 51 Appendix Y 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

Unit 4 &5 750MW per unit Unit 3 280MW Unit 1 &2 185MW per unit Four Corners Power Plant Pre- BART Operation APS = 100% unit 1,2,3, Unit 4,5 : SCE 48 %, APS 15%, PNM 13%, SRP 10%, EPE 7%, TEP 7%

Unit 4 &5 750MW per unit Unit 3 280MW Unit 1 &2 185MW per unit Four Corners Power Plant Better Than BART Proposal APS = 100% unit 1,2,3, Unit 4,5 : SCE 48 %, APS 48+15=63%, PNM 13%, SRP 10%, EPE 7%, TEP 7% SCRSCR

Navajo Generating Station (NGS) BART Decision Pending !!!! Unit 1, 2 and 3 = 750 MW each U.S.BOR =24.3%, SRP = 21.7%, LADWP = 21.2%, APS = 14%, NPC = 11.3%, TEP = 7.5%

NGS Studies

San Juan Generating Station BART-Nation Position EPA R6 BART FIP NMED Failed to Submit RH SIP SCR on all Four Units BART FIP will have No Tribal Implications No Economic Impacts Analyzed Compliance timeline increased from 3 to 5 years NMED RH SIP SNCR on all Four Units Meet Presumptive BART Limits Visibility Improvement aligns with SIP Economic Impact to NM ratepayers analyzed SCR cost too high compared to SNCR Navajo Nation Position EPA Consider NM RH SIP EPA failed to conduct full five factor analysis EPA analysis of no Tribal implications is not supported Economic Impacts, Regional Cumulative Benefits

Degree of Visibility Improvement BART guidelines recommend use of the CALPUFF IMPROVE monitoring network Western Regional Air Partnership (WRAP) 1 ppb IWAQM default value for ammonia background HCL and HF Emission Factors USEPA approval modeling protocol

Gina McCarthy, Assistant Administrator for EPA Office of Air and Radiation visited NGS and met with Navajo Nation President Ben Shelly on January 29, 2012

Navajo Nation G2G EPA HQ G2G EPA R 9 EPA R 6 G2G DOI USBR, NPS, BIA Lease Power Plants& Coal Mines Mercury, Greenhouse Gases Coal Ash Rule, Ozone NAAQS BART FCPP, NGS, SJGS BART, CAP, EIS, Leases

EPA Policy