Navajo Air Quality Control Program

1
Navajo Air Quality Control Program

• Navajo Nation Environmental Protection Agency
• National Tribal Forum June 3, 2009

2
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.

3
NAVAJO NATION ACTS AND REGULATIONS
4
NAVAJO AIR QUALITY CONTROL PROGRAM
5
NAVAJO EPA Air Quality/Permit Program
Organization Chart
6
(No Transcript)
7
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 .

8
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 tribes
  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.

9
Fourteen Major Source Facilities on Navajo Nation

• El Paso Natural Gas Compressor stations at
• Leupp
• Dilkon
• Navajo (Cornfields, AZ)
• Window Rock
• Gallup (Tohatchi, NM)
• White Rock
• Transwestern Pipeline Compressor Stations at
• Leupp
• 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

10
(No Transcript)
11
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 Nations
  jurisdictional issues.
• The Operating Agents ( FCPP, NGS) agreed to
  comply with the provisions of the Navajo Nations
  law.

12
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

13
(No Transcript)
14
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)

15
Permit Process
16
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

17

Title V- 40 CFR Part 71 Permit Content contd

• 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

18
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 NNEPAs enforcement program

19
Title V Permit Status
20
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

21
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

22
NNAQCP-OPP CURRENT PROJECTS

• Rulemaking process in progress for Asbestos, and
  Navajo Nation Acid Deposition Rule
• Coordinate with EPA and other tribes 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) FY09
• APS lease waviers

23
Contacts
Air Toxics Department Eugenia Quintana,
Environmental Department Manager Telephone
[phone] Email eugeniaquintana_at_navajo.org
Air Quality Control Program (AQCP-OPP) Charlene
Nelson, Environmental Program Supervisor Telephone
[phone] Email charlenenelson_at_navajo.org
Website http//www.navajonationepa.org/ai
rq Email nnepanilchi_at_navajo.org Phone
928-729-4096