Title V Program on Navajo Nation An Overview

1. Title V Program on Navajo Nation An Overview 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

2. Navajo Nation EPA NNEPA was established in 1995 to protect human health, welfare, and the environment of the Navajo Nation The mission is to develop, implement, and enforce environmental laws and regulations with a commitment to public participation, sustainability, partnership, and restoration

4. 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 12 facilities operating on Navajo Nation EPA issues PSD permits and approves final Title V permits 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

5. Navajo Nation Permit Procedure

6. Title V Permit • A Title V permit grants a source permission to operate and includes all air pollution requirements that apply to the source, emissions limits, monitoring, record keeping, and reporting requirements in a single document. • Major Source Threshold in Attainment Areas • State and local permitting authority : Part 70 Permit (40 CFR part 70). • EPA issues permit to the sources on Indian land or delegates tribal nation to issue permit : Part 71 permit ( 40 CFR part 71)

7. Title V Permit Process

8. Title V Sources on the Navajo Nation • El Paso Natural Gas Compressor stations at: • Leupp • Dilkon • Navajo (Cornfields, AZ) • Window Rock • Gallup • White Rock • Transwestern Pipeline Leupp Compressor Station • Peabody Western Coal Company • ConocoPhillips Wingate Fractionating Plant • Resolute Aneth Unit • APS Four Corners Steam Electric Station • SRP Navajo Generating Station

9. Part 71 Permit Application Currently NNOPP is processing permit renewal applications for Resolute Aneth Unit, Four Corners Power Plant, Navajo Generating Station, EPNG Leupp, and EPNG Window Rock and EPNG Gallup permit renewal application is due in the near future. Facilities submit application for permit renewal not less than 6 but not more than 18 months prior to permit expiration date: 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. Application Checklist NNOPP reviews for completeness of application using its checklist: • Timely Application [40 CFR 71.5(a)(1)(iii)] • Certification by responsible official • Standard Application Form and Identifying Information [40 CFR 71.5(c)] • Description of Source’s Processes [40 CFR 71.5(c)(2)] • Emissions-Related Information (PTE) [40 CFR 71.5(c)(3)] • Air Pollution Control Requirements [40 CFR 71.5(c)(4)] • Other Information and Exemptions [40 CFR 71.5(c)(5,6,7)] • Compliance Plan and Certification [40 CFR 71.5(c)(8,9)] • Acid Rain Forms if applicable [40 CFR 71.5(c)(10)] NNOPP requests for additional information if required

11. PSD Permit PSD permit is required for construction of a "major" new source and for modifications at an existing "major" sources that have significant increases in emissions Navajo Generating Station for installation of Low NOx Burners/Over Fire Air – Increase in “CO” EL Paso Natural Gas Compressor Stations for facility modernization with installation of Turbines, emission limits, operational limits

12. NGS PSD Permit Amendment

13. 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)

14. Sample PTE Calculation

15. 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 New rules that become applicable or might become applicable in future, like NESHAP Subpart HH for Oil and Gas Production Facilities, Subpart ZZZZ for engines, NSPS Subpart GG for turbines, MATS and BART for power plants need to be incorporated into the new permit

16. TCEQ FlowchartNNOPP - TCEQ Flowcharts to Determine Applicability of Rules

17. 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

18. 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

19. Public Outreach Four Corners Power Plant Title V Minor Permit Modification to install a limited use auxiliary boiler Nenahnezad Chapter NNEPA Air Quality Operating Permit Program August 31, 2012

20. Draft Permit Public Notice • 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

21. Public Notice on NNOPP WebsiteCancelling TWP Klagetoh Permit

22. Factsheet for Outreach

23. 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

24. 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 with 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

25. 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

26. Response to Public Comments

27. 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 from EPNG Cancellation of Klagetoh Compressor Station Title V permit due to transition to electrically powered turbines 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

28. Thank You ! Questions ?