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Regional Haze Rule and EPA’s Regulatory Responsibility for

Navajo BART FIPs

Colleen McKaughanAssociate Director, Air Division

U.s. Environmental Protection AgencyRegion 9

January 7, 2011

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Topics

Background on Regional Haze Rule and BART

EPA’s Regulatory Responsibility under the Regional Haze Rule

Other Pending EPA Regulations EPA’s Limited Role in the Facilitated

Process

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Background on RH Rule The Regional Haze Rule was promulgated in

July 1999 and became effective in 2005 and established a national goal for visibility in 156 Class I areas across the country

Class I areas are national parks and wilderness areas (i.e., Grand Canyon)

Goal is to achieve natural background levels by 2064 (i.e., no manmade visibility impairment)

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EPA’s Regulatory Responsibility

The Regional Haze Rule required states, but not tribes, to submit plans by Dec. 17, 2007

Under the Tribal Authority Rule, EPA promulgates Federal Implementation Plans (FIPs) in tribal jurisdictional areas as necessary to protect air quality

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Pollutants of Concern The visibility-impairing pollutants are: sulfur

dioxide, nitrogen oxides, and particulate matter

EPA has already promulgated FIPs that made SO2 emission limits negotiated by the utility, Navajo Nation and NGOs federally enforceable for both NGS and Four Corners

As a result, the main pollutants of concern for visibility purposes are now nitrogen oxides and particulate matter

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Ancillary Benefits

Beyond improving visibility, additional controls of nitrogen oxides and particulate may have ancillary environmental and health benefits

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The Navajo Power Plants

NGS and Four Corners are two of the largest pollution sources in the U.S.

Visibility impairing pollution from Four Corners impacts 16 Class I areas

Navajo Generating Station impacts 11 Class I areas, including the Grand Canyon

Background on BART The Best Available Retrofit Technology (BART)

provisions of the Regional Haze Rule require reductions in the emissions of air pollutants that impact visibility

This is typically accomplished by adding additional pollution control equipment to existing facilities, although there are other options

The only two BART-eligible sources on the Navajo Nation are NGS and Four Corners

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BART Analysis The BART analysis determines the appropriate level

of emissions controls for BART-eligible sources A BART analysis requires consideration of the

following five factors: Costs of compliance (i.e. cost effectiveness) The energy and non-air quality environmental impacts of

compliance Any pollution control equipment in use at the source The remaining useful life of the source The degree of improvement in visibility (i.e. visibility

benefits)

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Consultation

EPA is required to consult with the Federal Land Managers in advance of proposed BART hearings

EPA has consultation obligation with all tribes who are impacted by our final rulemaking

Consultation can take different forms depending on the tribes’ preferences

Current Status of Rulemaking on NGS

EPA is working on a proposal and intends to propose in early Summer.

For EPA to consider input from this facilitation in our proposed rulemaking, this group must provide its recommendations by end of March 2011.

Pending EPA Regulations Impacting Power Plants Mercury Maximum Achievable Control

Technology – March 2011 proposal Greenhouse Gases Source Performance

Standards for Power Plants and Refineries - July 2011 proposal

Coal Combustion Residue (Fly Ash) Handling Regulations – proposed June 2010

EPA’s Role in this Process

To maintain regulatory neutrality EPA will not be participating in these discussions although we will be available to answer questions and provide information.

Contact Information and Website links

Colleen McKaughan: 520-498-0118 McKaughan.Colleen@epa.gov

http://www.epa.gov/region09/air/navajo/index.html

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