Navajo Nation Operating Permit Program Tribal Experience - Permit Review Navajo Nation Operating Permit Program Anoop Sukumaran Route 112 North/Bldg. 2837 Fort Defiance, AZ 86504 FAX: (928) 729-4313 Phone: (928) 729-4096 http://www.navajonationepa.org/airq/index.html

NNOPP- Overview October 2004 and March 2006, USEPA approved a Clean Air Act (CAA) program for NNEPA to administer a Title V operating permit program (Part 71 permit program) Under this approval, NNOPP issues air permits to thirteen facilities located on Navajo Nation EPA issues PSD permit and approves draft Title V permit NNOPP performs applicability determination such as NSPS, NESHAP’s requirements etc., NNOPP incorporates PSD , FIP requirements to the Title V permit Emission fees from the Title V facilities paid to the Navajo Nation is used to cover the cost of operating the permit program

Navajo Nation Permit Procedure Title V Permit Navajo Uniform Regs NNOPR, NCAA 40 C.F.R Part 71 PSD, FIP, Acid Rain Req, NSPS, NESHAP

New Source Review (NSR) Program Air Permits Construction Permits New Source Review (NSR) Program Prevention of Significant Deterioration (PSD) Minor Source Permit Non attainment (NAA) NSR Permit Operating Permits Title V Permit Administrative, Minor, Significant, Permit Reopening Title IV: Acid Rain Permit Applicable to the two fossil-fuel fired steam electric plants on Navajo (FCPP and NGS)

Title V Permit Title V permit grants a source permission to operate. Includes all air pollution requirements that apply to source, emissions limits ,monitoring, record keeping, and reporting requirements Major Source Threshold in Attainment Areas State and local permitting authority: Part 70 Permit (40 CFR part 70) EPA issue permit to the sources on Indian land or delegates tribal nation to issue permit : Part 71 permit ( 40 CFR part 71) Pollutant Annual Emissions ( tons/yr) VOC, NOx, SOx, CO, PM10 100 Single HAP 10 Combination of HAPs 25

PSD Permit PSD permit is required before a "major" new source constructs, or before changes or modifications that are "major" or "significant" are made at an existing "major" source of air pollution PSD Requires Best Available Control Technology Air Quality Analysis Additional impact analysis Public Participation Listed 28 Source Category 100 tpy Not Listed 250 tpy Significant threshold 40 tpy NOx, 15 tpy PM etc.,

PSD Permitted Sources on Navajo Nation EPA issues PSD permit to the sources and NNEPA incorporates PSD permit requirements to the Title V permit Navajo Generating Station for installation of Low NOx Burners/Over Fire Air – Increase in “CO” EL Paso Natural Gas Compressor station for facility modernization for installation of Turbines, emission offsets etc., PSD permit contains Stringent emission limits, operating hours limit Requires Emission Controls Continuous emission monitoring system (“CEMS”) Annual performance testing Record keeping and Reporting requirements

Title V Permit Process Major Source :VOC, NOx, CO, PM10, SOx > 100 tpy Single HAP > 10 tpy and Combination HAP > 25 tpy Source submits part 71 operating permit application package to permitting authority Permitting authority determines completeness of application and request for supplement or correct application Permitting authority develops draft permit and statement of basis 45 Day EPA Review Process 30 Day Public Notice (NNEPA Website, Newspapers, Radio, Etc) and Affected State Letter Public comments and requests for public hearing Incorporate applicable comment(s) issuance and effective date of permit (valid for 5 years) Permit Revisions, Permit Renewal and Expiration

Part 71 Permit Application General Information List of Storage Tanks Fuel Usage and Fuel data Air Pollution Units and Control equipment data Emission Unit Description Insignificant Emissions Actual Emission Potential to Emit Calculation Applicability Determination , Regulatory Analysis Compliance Plan and Certification Certification of Truth and Accuracy Modification to Existing Permit

Applicable Requirements New Source Performance Standards (NSPS) 40 CFR Part 60 Identify by Source Category Applicability & Designation of Affected Facility NSPS General Provisions Subpart A Emission limits, monitoring, testing and recordkeeping (MRR) National Emission Standards for Hazardous Air Pollutant (NESHAP) 40 CFR Part 61 & Part 63 Maximum Achievable Control Technology (MACT) Work Practice Standards Emission limits, MRR

Potential To Emit PTE assumes 8,760 hours/year at max rated capacity except for operating hour restriction Criteria air pollutants, HAPs AP 42, manufactures data, stack testing data, engineering judgment, material balance etc., Permit streamlining for emission limits PSD , FIP emission limits Major Source Determination PTE calculation should be included in the final permit and summary of emissions in Statement of Basis (SOB)

Title V- 40 CFR Part 71 Permit Content Source Identification Company name, address, and location, etc Owner/ Operator Process and Operation of Facility SIC Code and AFS Plant Identification Number. Requirements of Specific Units New Source Performance Standards ( NSPS General Provisions) Federal Implementation Plan Requirements ( FIP e.g. NGS, FCPP) Acid Rain Requirements Operation Flexibility Facility Wide or Generic Permit Condition Testing Requirements Recordkeeping Requirements Reporting Requirements Protection of Stratospheric Ozone Asbestos from Demolition and Renovation Compliance Schedule

Title V- 40 CFR Part 71 Permit Content cont’d IV. Title V Administrative Requirements Part 71 Fee Payment Compliance Certifications Minor Permit and Significant Modifications Administrative Amendments Inspection and Entry Statement of Basis (S.O.B): Is an Engineering Document. Discussion of the Monitoring and Operational Requirements Discussion of Applicability and Exemptions Insignificant Activities New Emission Units and Control Equipment Emission Calculation PSD Applicability

Draft Permit Public Notice Location of the source, permit action, applicable requirements Deadline for submittal of comments Permitting authority contact information Opportunity to be included in NNOPP mailing list 30 day public notice of draft permit Newspapers, radio announcement, NNOPP website Mailing a copy of the notice to affected state /local/tribe Public can view the draft permit at NNOPP office Administrative record of the draft permit

What is the Role of the Public in Permits? Become knowledgeable about the operation of facilities Ask questions, provide comments, and submit concerns Participate during outreach and public hearing Notify permitting authority about any issues with facility operation Request for: Navajo Air Quality Regulations Copies of Permits General Information Public Workshop Submit comments during public comment period that relate to the permit conditions

Request for Public Hearing Any interested person may submit written comments and request for public hearing Request should be in writing and state the nature of issue If there is significant degree of interest on the permit, NNOPP will hold a public hearing in accordance to Navajo Uniform Regulation Issue public notice of the hearing Develop factsheet Hearing Moderator, Diné interpreter Certified court reporter or recorder Presentation of the permit action Public comment extends until conclusion of the hearing

Response to Comments & Appeal of Permit Prepare responses to all comments Justify the changes made to permit Legal review of the responses Final Permit Package Final Permit signed by NNEPA Executive Director Statement of Basis, Emission Calculation, Public Notice and Response to Comments Appeal of Permit 30 days after the final permit Any person who filed comments on the draft permit or at public hearing Environmental Appeals Board Review

NNOPP Permitting Experience Peabody Western Coal Company V/S NNEPA NGS Permit Reopen Public Hearing Request for waiver from annual emission testing due to market condition Klagetoh Compressor Station transition to electrically powered turbine New microturbines replacing older auxiliary engines to avoid major HAP source NESHAP requirements and better reliability Administrative amendments, permit reopening, minor permit modification New regulations, compliance deadline, applicability determination Outreach to local chapters