Navajo Nation Operating Permit Program

Anoop SukumaranRoute 112 North/Bldg. 2837

Fort Defiance, AZ 86504FAX: (928) 729-4313

Phone: (928) 729-4096http://www.navajonationepa.org/airq/index.html

Tribal Experience - Permit Review

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

Navajo Nation Permit Procedure

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

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.,

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

Title V Permit Process

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

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

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)

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

Title V- 40 CFR Part 71 Permit Content cont’d

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

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

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

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

Response to Comments & Appeal of Permit

• Prepare responses to all comments • Justify the changes made to permit• Legal review of the responsesFinal Permit Package

Final Permit signed by NNEPA Executive Director Statement of Basis, Emission Calculation, Public Notice

and Response to CommentsAppeal 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

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