Navajo Nation pleased to work with U.S. EPA on proposed carbon rule

President Ben Shelly has worked 

tirelessly with Navajo EPA and the 

U.S. EPA on the proposed carbon 

rule for Indian Country. Energy 

development was a cornerstone of his 

administration. (Photo by Rick Abasta)

 WINDOW ROCK, Ariz. - 

On Oct. 29, the U.S. EPA issued 

a proposed rule for tribes and 

U.S. territories under the Clean 

Power Plan, which is aimed at 

reducing carbon emissions from 

large carbon emitting sources 

on tribal lands and within U.S. 

territories.

 The “Carbon Pollution 

Emission Guidelines for 

Existing Stationary Sources” is 

a proposed supplement rule to 

U.S. EPA’s June 18 proposed 

carbon rule (the Clean Power 

Plan), which requires states 

to regulate greenhouse gas 

emissions from existing fossil 

fuel-fired power plants. The 

Clean Power Plan targets 

meaningful progress toward 

carbon emission reductions 

by 2020 and reduced carbon 

emission levels by 2030. It sets 

state-specific goals for reducing 

carbon dioxide emissions and 

provides guidance for state plans 

to meet those goals.

 The proposed supplemental 

rule sets tribal-specific goals 

for reducing carbon dioxide 

emissions and provides guidance 

for tribes to achieve those goals. 

It also allows the Navajo Nation 

to develop its own tribal carbon 

reduction plan if it chooses to 

do so. Tribes also have the 

opportunity to participate in 

multi-jurisdictional plans with 

the states in order to meet their 

reduction goals. The proposed 

supplemental rule will not 

require the existing power 

plants on the Navajo Nation to 

make further carbon emissions 

reductions. The proposed rule 

recognizes the significant 

reduction in carbon emissions 

from the early retirement of three 

units at Four Corners Power 

Plan and the one unit closure 

at Navajo Generating Station, 

which stemmed from U.S. 

EPA’s Best Available Retrofit 

Technology decisions for both 

plants to reduce nitrogen oxides 

emissions to improve visibility 

in Class I areas within the region. 

 President Ben Shelly led the 

Navajo Nation Carbon Team in 

its September 15 consultation 

with U.S. EPA. In that 

consultation, President Shelly 

expressed the Navajo Nation’s 

concerns with the pending 

supplemental rule, including 

the importance of keeping the 

power plants operating and the 

retention of carbon credits or 

allowances. He asked U.S. EPA 

to “think outside the box” when 

developing the supplemental rule 

for the Navajo Nation. Although 

U.S. EPA did consider future 

carbon reductions resulting 

from the BART determinations, 

they also incorporated the four 

building blocks used to develop 

the state emission rates set under 

the Clean Power Plan. President 

Shelly is concerned that such an 

approach is not appropriate for 

the Navajo Nation because of 

its unique situation compared to 

the states, including extremely 

high levels of poverty and 

unemployment.

 President Shelly also said 

he believes U.S. EPA did 

incorporate some the Nation’s 

concerns into the supplemental 

rule, but that there is still room 

for improvement.

 “It is clear from reading 

the supplemental rule that U.S. 

EPA did listen to the Navajo 

Nation and reflect on what we 

had to say,” President Shelly 

said. “But we know this is an 

ongoing discussion with them 

and that there is still room for 

improvement. I believe we can 

meet the goals of the Clean 

Power Plan and also develop a 

plan that creates a better future 

for the Navajo people. I look 

forward to those discussions.”

 President Shelly added that 

the Navajo Nation will continue 

working in partnership with 

federal agencies and other 

stakeholders in addressing 

climate change, particularly 

measures directed at reducing 

carbon emissions, ensuring the 

continued economic viability of 

the Navajo, and protecting health 

and environment on the Navajo 

Nation.

 He said, “Under this proposed 

scenario, we have an opportunity 

to optimize our energy resources, 

including development and 

management of natural gas 

resources and other zerocarbon emitting or low-carbon 

emitting resources. The Navajo 

Nation Energy Policy of 2013 

highlights the importance of 

future development of cleaner 

renewable energy for the Nation.”

 Stephen Etsitty, executive 

director for Navajo EPA, was 

pleased U.S. EPA adopted an 

emissions reduction plan for 

the Navajo Nation as a whole, 

not a plan only focused on NGS 

and FCPP. Etsitty noted that 

such a plan would provide the 

framework the Navajo Nation 

needs to retain and manage 

carbon credits and potentially 

participate in a carbon-trading 

program with other jurisdictions. 

Participation in such a trading 

program could provide an 

economic boost to the Navajo 

Nation economy.

 The Navajo Nation Carbon 

Team is the Navajo Nation, 

Navajo EPA, Division of Natural 

Resources, Navajo Tribal Utility 

Authority, Navajo Transitional 

Energy Corporation and Navajo 

Nation Oil and Gas Company. 

Etsitty and Harrison Tsosie, 

Navajo Nation Attorney General, 

are co-chairs of the Navajo 

Nation Carbon Team. The 

purpose of the Navajo Nation 

Carbon Team is to take the lead 

in determining the course of 

action that will be best from an 

environmental, economic and 

cultural perspective in response 

to U.S. EPA’s Clean Power Plan.

 The Navajo Nation looks 

forward to participating in the 

public meeting on Nov. 19, 2014 

and submitting comments on the 

proposed supplemental rule by 

Dec. 19, 2014.