Operating Permit Program - Northern Arizona University

Transcript Operating Permit Program - Northern Arizona University

Tribal Program Development Navajo Nation Operating Permit Program

Anoop Sukumaran, Navajo Nation EPA 1

NNOPP Mission

To protect and enhance the health and livelihood of Navajo people To protect and preserve the natural beauty and environment on the Navajo Nation To ensure the air emissions from the industries operating on the Navajo Nation are regulated 2

Background/History

NNCAA 1992 1995 Navajo Uniform Regs 2000 2001 VCA power plants 2004 2005 FIP for FCPP, T V for NGS and FCPP FIP NGS, BART FIP FCPP, GHG 2006 2007 2009 2010 NAQCP Sect. 103 Part 71 Delegation, Amendment Air Regs NNOPR, NAQCP Sect. 105 Power Plant Deleg, T V permit renewals NNEI, T V renewals, ANPRM FCPP, NGS 3

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.

Navajo Nation TAS Approval

TAR Requirement # 1 • Referencing Navajo Clean Water Act TAS application approved on June 30, 1993 TAR Requirement # 2 • Navajo Nation tripartite government, with executive, legislative and judicial branches • Legislation of Navajo Nation Air Pollution Prevention and Control Act TAR Requirement # 3 • Provided maps, legal description, satellite areas, tribal trust lands, Treaty of June 1, 1868 etc., • No determination with respect to Bennet Freeze Area and administration of the two power plants • Enactment of Navajo Nation Operating Permit Regulations TAR Requirement # 4 • NNEPA and USEPA collaborative effort to develop air program since 1987 • NNEPA has 67 staff and various USEPA delegated programs 5

U.S.EPA & NNEPA Delegation Agreement

Part 71 Fees Permit Development and Review Enforcement Permit Renewal, Application, Permit Reopen Part 71 permit application determination Development of compliance plans and schedule Review applicable permit requirements Review of ACC, EER, audit stack testing Implementing and enforcing Part 71 permit Administration of permit program Provide Public Notices and Public Hearing Administer permit revisions and renewals EPA maintains full investigative and enforcement authority Administrative and Judicial enforcement by NNEPA Submittal of Information Permit Issuance Permit Reporting Fee Auditing Data Management& Retention of Records 6

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 or adjudication ’ rights to operate FCPP and NGS free of Navajo Tribal regulation, interference,  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 7

Subchapter 1. General Provisions Navajo Clean Air Act April 24, 2004 Subchapter 2. Air Quality Control Programs Subchapter 3. Enforcement Part A. Tribal (NN)implementation plans Part B. PSD of Air Quality Part C. Protection of Visibility Part C. New Source Performance Standards Part E. Provisions for NAA and NSR Part F. Control of HAP Part G. Acid Deposition Control Part H. Permits Subchapter 4. Rulemaking and Judicial Review 8

NAVAJO EPA Executive Director AIR & TOXICS Department Manager AIR QUALITY CONTROL Program Supervisor Section 105 Grant Program Operating Permit Program Senior Environmental Specialist ( Air Monitoring) Senior Environmental Specialist ( Outreach, Open Burn, New Regulations) Environmental Specialist ( Air Monitoring, assist OPP, Outreach) Environmental Technician Environmental Engineer (Title V Permit Writer/Reviewer) Sr. Information Systems Technician Environmental Specialist (Compliance Evaluation Inspector) Office Specialist Office Specialist Environmental Engineer, (Permit Writer, Reviewer) 9

NNOPP Responsibilities

Issuance of Title V Permits to large industrial facilities on the Navajo Nation Compliance and Enforcement Inspections at Title V permitted facilities Address Citizen Complaints Establish and Maintain Emissions Inventory Study new proposed federal regulations to enhance and amend the Navajo Air Pollution Control and Prevention Act Outreach and Education Activities 10

Federal Implementation Plan for 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 SO 2 control and specific burners designed for NO x control Existing pollution control equipment at NGS includes electrostatic precipitators for particulate matter removal and LNB/OFA for NO x control NNEPA incorporated FIP requirements to Title V permit issued to the power plants 11

• • • • • • • •

Title V Sources on the Navajo Nation

El Paso Natural Gas Compressor stations 1.

Leupp 2.

Dilkon 3.

Navajo (Cornfields, AZ) Window Rock Gallup White Rock Transwestern Pipeline Compressor stations 1.

Leupp 2.

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 12

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 13

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 14

Pollutant NOx SO 2 VOC and CO PM 10 and PM 2.5

NH 3

NNEI Determination

Source Point Source Point Source Area Source Area Source Area Source EI Results 93% FCPP and NGS 99% FCPP and NGS Residential wood combustion, wildfires, and prescribed fires Paved road dust, unpaved, residential wood combustion Livestock, wildfires, prescribed fires 15

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 16

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 exceeds 0.5 delta-deciview with baseline emissions 17

Regional Haze Visibility Impact

Best 24-hr avg visibility Worst 24-hr avg visibility 18

BART Five Factor Analysis

Cost of Compliance Energy and non-air quality environmental impacts of compliance Existing pollution control technology at the source Remaining useful life of the source Degree of visibility improvement which may be anticipated from the use of BART 19

Federal Class 1 Areas

Navajo Nation BART Comment Team

Navajo Nation President Operating Permit Program Navajo Nation Vice President NNEPA Executive Director Navajo Division of Natural Resources NN Attorney General Air & Toxic Department Manager Air Quality Attorney Natural Resource Attorney Water Rights Unit Attorney 21

Community Outreach and Education

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 23

Navajo Nation Operating Permit Program

Route 112 North/Bldg. 2837 Fort Defiance, AZ 86504 FAX: (928) 729-4313 Phone: (928) 729-4096