1. 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)
Phone: (928)

2. 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

3. 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

4. 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)

5. 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

6. 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.,

7. 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

8. 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

9. 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

10. 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

11. 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)

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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