Navajo Air Quality Control Program

Navajo Nation Environmental Protection Agency

National Tribal Forum June 3, 2009

NAVAJO NATION ENVIRONMENTAL PROTECTION AGENCY

HISTORY:•The Navajo Environmental Protection Commission was established in 1972.

•In 1995, legislation made the Navajo Nation Environmental Protection Agency (NNEPA) a separate regulatory branch of the Navajo Nation government.

NNEPA MISSION:With respect for Dine' values, protect, preserve, and enhance public health, welfare and the environment for present and future generations by developing, implementing, and enforcing strong environmental laws; to foster public awareness and cooperation through education and motivation.

NAVAJO NATION ACTS AND REGULATIONS

Acts/ Regulations Date Passed Date AmendedNavajo Nation Environmental Policy Act

April 25, 1995

Navajo Nation Air Pollution Control and Prevention Act

July 20, 1995 April 22, 2004

Navajo Nation Operating Permit Rule

April 13, 2000 July 8, 2004

Plan of Operation May 22, 2001

Navajo Nation Uniform Regulations

September 5, 2001

Navajo Nation Acid Deposition and Control Regulations

July 8, 2004

NAVAJO AIR QUALITY CONTROL PROGRAM

NAVAJO EPA Air Quality/Permit Program Organization Chart

PART 71 OPERATING PERMIT PROGRAMDELEGATION OF AUTHORITY

• U.S. Environmental Protection Agency for the first time delegated authority to a tribe to administer the Federal Title V operating permit program (Part 71).

• In October 2004 EPA Region 9 and Navajo Nation EPA entered into a Delegation of Authority Agreement and again in March with a supplemental agreement.

• Part 71 Delegation Agreement :– To administer and enforce a delegated Clean Air Act (“CAA”)

Title V Operating Permit Program – Delegation allows NNEPA to issue Title V air permits to 14

facilities on Navajo Nation.– (“TAS”) determination.– Collection of Part 71 permit fees from the Title V facilities .

NAVAJO NATION TREATMENT AS STATE (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.

Fourteen Major Source Facilities on Navajo Nation

• El Paso Natural Gas Compressor stations at:1. Leupp2. Dilkon3. Navajo (Cornfields, AZ)4. Window Rock5. Gallup (Tohatchi, NM)6. White Rock

• Transwestern Pipeline Compressor Stations at:1. Leupp2. 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

Supplemental Delegation AgreementPower Plants

• On March 21, 2006 U.S.EPA and NNEPA agreed to enter into Supplemental Delegation Agreement to administer the two Power Plants (FCPP, NGS).

• On May 18, 2005 , NNEPA and the participants of the Power Plants entered into Voluntary Compliance Agreement (VCA) .

• VCA resolves the dispute as to Navajo Nation’s jurisdictional issues.

• The Operating Agents ( FCPP, NGS) agreed to comply with the provisions of the Navajo Nation’s law.

EPA Proposed Federal Implementation Plan (FIP)

• EPA promulgated a Federal Implementation Plan (FIP) for FCPP(40 CFR 49.23) on May 7,2007.

• FIP is proposed to establish federally enforceable emissions limitations for sulfur dioxide, nitrogen oxides , total particulate matter, and opacity, and a requirement for control measures for dust.

• Existing pollution control equipment at FCPP includes baghouses and scrubbers for SO2 control and specific burners designed for NOx

control.

• Recently EPA voluntarily vacated the fugitive dust requirement codified at 40 CFR 49.23(d)(3).

• On September 11, 2006 EPA proposed NGS FIP ( 40 CFR 49.20). This rule has not been promulgated.

• Existing pollution control equipment at NGS includes electrostatic precipitators for particulate matter removal and specific burners designed for NOx

control

Title V Permit

• A Title V permit grants a source permission to operate. Includes all air pollution requirements that apply to the 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 HAP 25

Permit Process

Title V- 40 CFR Part 71 Permit Content

I. Source IdentificationA. Company name, address, and location, etcB. Owner/ OperatorC. Process and Operation of FacilityD. SIC Code and AFS Plant Identification Number.

II. Requirements of Specific Units A. New Source Performance Standards ( NSPS General Provisions)B. Federal Implementation Plan Requirements ( FIP e.g. NGS, FCPP)C. Acid Rain RequirementsD. Operation Flexibility

III. Facility Wide or Generic Permit ConditionA. Testing RequirementsB. Recordkeeping RequirementsC. Reporting RequirementsD. Protection of Stratospheric OzoneE. Asbestos from Demolition and RenovationF. Compliance Schedule

IV. Title V Administrative RequirementsA. Part 71 Fee PaymentB. Compliance CertificationsC. Minor Permit and Significant ModificationsD. Administrative AmendmentsE. Inspection and Entry

Statement of Basis (S.O.B): Is an Engineering Document.A. Discussion of the Monitoring and Operational RequirementsB. Discussion of Applicability and ExemptionsC. Insignificant ActivitiesD. New Emission Units and Control EquipmentE. Emission CalculationF. PSD Applicability

Title V- 40 CFR Part 71 Permit Contentcont’d

Permit Compliance/ Enforcement

• Receive compliance reports from facilities• Perform monitoring visits to facilities• Conduct periodic inspections of facilities• Take part in annual compliance 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

Title V Permit StatusFacility Name Permit No.

Application Received

Application Completeness

Draft Permit & Statement of BasisPublic Notice Date Permit Issued / Amendments

TWP Leupp Station OP 04-001NN 10/28/2004 12/12/2004 6/06/2005 06/14/2005 9/22/2005 Permit amended/need sign.

TWP Klagatoh Station OP 04-002NN 10/28/2004 12/12/2004 6/06/2005 06/14/2005 9/22/2005 Permit amended/need sign.

          Application update received.

EPNG Dilcon Station OP 04-003NN 11/16/2004 12/15/2004 7/15/2005 07/28/2005 2/13/2006 Permit expected to amended.

EPNG Navajo Station OP 04-005NN 11/16/2004 12/15/2004Submitted 10/07/05, resubmitted 2/10/2006 to EPA 07/28/2005 2/13/2006 Permit expected to amended.

Peabody Western Coal           7/1/2004 Amended 01/14/05, 2-13-07

Company NN-OP 08-010 10/29/2008 12/29/2008 TBA TBA Amended and re-issued 02/13/07. Peabody in process of renewal application

            

           

ConocoPhillips Wingate NN OP 05-011 5/23/2005 6/23/2005 Contracted out to Enviroplan

EPNG Leupp Station NN OP 04-004 11/16/2004 12/15/2004 finalized final permit/rtc signedApplication update received 11/15/06, Permit issued May 27, 2008

EPNG Gallup Station NN OP 05-007 7/06/2005 updated 11/07 finalized final permit/rtc signed   Issued December 30, 2008

EPNG Window Rock Station NN OP 05-009 7/06/2005 updated 11/07 finalized final permit/rtc signed Issued October 7, 2008

EPNG White Rock NN OP 05-008 7/06/2005 updated 11/07 finalized final permit/rtc/signed Issued December 30, 2008

APS Four Corners Power Plant NN-ROP-05-07 12/16/2005 3/21/2006 finalized draft permit/rtc (Full Title V Permit) Issued August 1, 2008

SRP Navajo Generating Station NN-ROP-05-06 12/01/2005 3/21/2006finalized draft permit/rtc. signature needed Permit will be reopened when FIP is promulgated Issued July 3, 2008

             

Resolute Aneth 1 NN-OP 00-03 9/27/2002 TBA 5/22/2007 6/19/2007 Issued July 30, 2007

Resolute 2 (MCU) EPA is working on the draft permit, no date on when draft permit will be available for initial review.

 

Navajo Nation Emission Inventory Project (NNEI)

Goals of NNEI:• Confirm the point sources to be inventoried• Obtain base year 2005 emission inventory data from the

fourteen (14) Title V and non – title V point sources • Identify potential emission sources and activity data to

develop area source emission estimates• Develop and format National Emission Inventory (NEI)

Input Format records for each source based on equipment descriptive information and related emission data

PROPOSED DESERT ROCK ENERGY PROJECT

• Overview– Construction of a 1500 megawatt coal-fired power plant on the

Navajo Reservation– EPA's Region 9 had issued a final PSD permit for the project on

July 31, 2008– April 27, 2009, Region 9 asked the Environmental Appeals Board

to remand the PSD permit• PSD permit re-evaluation will include :

– PM10 as a surrogate for PM2.5 to satisfy PSD requirements

– Consideration of IGCC in the BACT analysis– ESA consultation issues– MACT analysis for hazardous air pollutants– Sufficiency of additional impact analysis

NNAQCP-OPP CURRENT PROJECTS

• Rulemaking process in progress for Asbestos, and Navajo Nation Acid Deposition Rule

• Coordinate with EPA and other tribe’s in Tribal Minor NSR rulemaking process

• Emission Inventory: To be completed by September ‘09

• Coordinate with EPA regarding the FIP, CAMR , CCW ,and BART

• Complete the annual Compliance Evaluation Inspection (CEI) FY’09

• APS lease waviers

ContactsAir & Toxics Department

Eugenia Quintana, Environmental Department Manager Telephone : (928)871-7800Email : eugeniaquintana@navajo.org

Air Quality Control Program (AQCP-OPP)Charlene Nelson, Environmental Program SupervisorTelephone : (928) 729-4247Email: charlenenelson@navajo.org

Website : http://www.navajonationepa.org/airq

Email: nnepanilchi@navajo.orgPhone: 928-729-4096