Operating Permit Program

-Departments & Programs - Operating Permit Program

Current Events

Notice - June 6, 2011

The Navajo Nation Environmental Protection Agency (NNEPA), Navajo Air Quality Control Program (NAQCP), Operating Permit Program (OPP) Section is accepting written comments on reopened portions of the Part 71 permit for Navajo Generating Station, located 5 Miles East of Page, off U.S. Highway 98, Page, Arizona 86040 on the Navajo Nation. Navajo Generating Station is an existing 2,250 megawatt power plant with three (3) coal-fired boilers.

Notice - April 19, 2011

This permit is being issued and administered by the Navajo Nation EPA ("NNEPA") pursuant to the Delegation Agreement between the United States Environmental Protection Agency ("USEPA" or "EPA") Region 9 and NNEPA, dated October 15, 2004. Pursuant to the Order of the Environmental Appeals Board issued on August 13, 2010 in Peabody Western Coal Co., CAA Appeal No. 10-01, NNEPA has revised certain portions of the Title V permit for Peabody Western Coal Company (PWCC) – Kayenta Complex. These revisions clarify the legal authorities for various conditions in the permit.

Notice - December 7th 2009

This permit is being issued and administered by the Navajo Nation EPA (“NNEPA”) pursuant to the Delegation Agreement between the United States Environmental Protection Agency (“USEPA” or “EPA”) Region 9 and NNEPA, dated October 15, 2004. In accordance with the provisions of Title V of the Clean Air Act, 40 CFR Part 71, Navajo Nation Operating Permit Regulations, and all other applicable rules and regulations, the permittee, Peabody Western Coal Company – Black Mesa Complex, is authorized to operate air emission units and to conduct other air pollutant emitting activities in accordance with the permit conditions listed in this permit.

The U.S. Environmental Protection Agency for the first time ever delegated authority to a tribe to administer the federal Title V operating permits program (Part 71). On October 15, 2004, EPA Region 9 and the Navajo Nation EPA (NNEPA) entered into a Delegation of Authority Agreement ("Agreement") which specifies the terms of the delegation.

The tribe will take over Title V permitting responsibilities for twelve existing major stationary air pollution sources on the reservation. Under the agreement, Region 9 will continue to oversee the Part 71 permits for the Navajo Generating Station and the Four Corners Power Plant.

Region 9 has also determined that the NNEPA meets the eligibility requirements for treatment in the same manner as a state ("TAS") for the purpose of entering into the Agreement and has waived our collection of Part 71 permit fees for those sources covered by the Agreement in light of our determination that NNEPA can collect fees under tribal law sufficient to fund the delegated Part 71 program.

A copy of the Agreement and related documents are attached below.

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Navajo Nation Part 71 Delegation (PDF) (34 pp, 403K)
EPA Region 9 and Navajo Nation Part 71 Delegation Agreement (PDF) (16 pp, 94K)
Navajo Nation - Treatment As State Determination (PDF) (6 pp, 27K)
Program Description and Transition Plan for Navajo Nation Part 71 Delegation (PDF) (16 pp, 50K)

The objectives and goals of Operating Permitting Program:

Enforce Navajo air quality regulations.
Continue to develop air quality standards and regulations.
Frequently inspects facilities that emit air pollutants.
Conduct facility inspection to ensure that emission standard are met.
Conduct and maintain air emission inventory.
Coordinate with all regulatory agencies.
Investigate complaints regarding air quality problems.
Educate the general public on air quality issues.