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Navajo Nation Operating Permit Program

Anoop Sukumaran, Navajo Nation EPA

Tribal Program Development

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NNOPP Mission

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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

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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.

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Navajo Nation TAS Approval

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U.S.EPA & NNEPADelegation Agreement

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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

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NNOPP Responsibilities

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Federal Implementation Planfor 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 49.5512) on May 7,2007 and a FIP for NGS (40 CFR 49.5513) 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 SO2 control and specific burners designed for NOx

control

• Existing pollution control equipment at NGS includes electrostatic precipitators for particulate matter removal and LNB/OFA for NOx

control

• NNEPA incorporated FIP requirements to Title V permit issued to the power plants

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Title V Sources on the Navajo Nation • El Paso Natural Gas Compressor stations

1. Leupp2. Dilkon3. Navajo (Cornfields, AZ)4. Window Rock5. Gallup 6. White Rock

• Transwestern Pipeline Compressor stations1. 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

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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

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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

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NNEI DeterminationPollutant Source EI Results

NOx Point Source 93% FCPP and NGS

SO2 Point Source 99% FCPP and NGS

VOC and CO Area Source Residential wood combustion, wildfires, and prescribed fires

PM10 and PM2.5 Area Source Paved road dust, unpaved, residential wood combustion

NH3 Area Source Livestock, wildfires, prescribed fires

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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

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Regional Haze Rule (RHR)40 CFR Subpart P §51.300-51.309

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

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Regional Haze Visibility Impact

Best 24-hr avg visibility Worst 24-hr avg visibility

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BART Five Factor Analysis

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Federal Class 1 Areas

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Navajo Nation BART Comment Team

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Community Outreach and Education

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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

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Navajo Nation Operating Permit Program

Route 112 North/Bldg. 2837

Fort Defiance, AZ 86504

FAX: (928) 729-4313

Phone: (928) 729-4096

http://www.navajonationepa.org/airq/index.html