2

Abbreviations and Acronyms

Administrator Administrator of the U.S. EPA

AR Acid Rain

ARP Acid Rain Program

CAA Clean Air Act [42 U.S.C. Section 7401 et seq.]

CAM Compliance Assurance Monitoring

CEMS Continuous Emission Monitoring System

CFR Code of Federal Regulations

COMS Continuous Opacity Monitoring System

DC Dust Collector

EIP Economic Incentives Program

ESP Electro Static Precipitator

FGD Flue Gas Desulfurization

gal gallon

HAP Hazardous Air Pollutant

hr hour

Id. No. Identification Number

kg kilogram

lb pound

MACT Maximum Achievable Control Technology

MVAC Motor Vehicle Air Conditioner

Mg megagram

MMBtu million British Thermal Units

MW Megawatts

mo month

NESHAP National Emission Standards for Hazardous Air Pollutants

NNEPA Navajo Nation Environmental Protection Agency

NNOPR Navajo Nation Operating Permit Regulations

NOX Nitrogen Oxides

NSPS New Source Performance Standards

NSR New Source Review

PM Particulate Matter

PM-10 Particulate matter less than 10 microns in diameter

ppm parts per million

PSD Prevention of Significant Deterioration

PTE Potential to Emit

psia pounds per square inch absolute

QA/QC Quality Assurance and Quality Control

RMP Risk Management Plan

SNAP Significant New Alternatives Program

SO2 Sulfur Dioxide

TSP Total Suspended Particulate

U.S. EPA United States Environmental Protection Agency

VCA Voluntary Compliance Agreement

VOC Volatile Organic Compounds
3

TABLE OF CONTENTS

Cover Page

Abbreviations and Acronyms

I. Source Identification

II. Requirements for Specific Units

A. Federal Implementation Plan Requirements.

B. Acid Rain Requirements

C. CAM Requirements

D. Operational Flexibility 

III. Facility-Wide or Generic Permit Conditions

A. Testing Requirements

B. Recordkeeping Requirements

C. Reporting Requirements

D. Protection of Stratospheric Ozone

E. Asbestos from Demolition and Renovation

F. Compliance Schedule

IV. Title V Administrative Requirements 

A. Fee Payment 

B. Blanket Compliance Statement 

C. Compliance Certifications 

D. Duty to Provide and Supplement Information 

E. Submissions 

F. Severability Clause 

G. Permit Actions 

H. Administrative Permit Amendments 

I. Minor Permit Modifications 

J. Group Processing of Minor Permit Amendments 

K. Significant Modifications 

L. Reopening for Cause 

M. Property Rights 

N. Inspection and Entry 

O. Emergency Provisions 

P. Transfer of Ownership or Operation 

Q. Off Permit Changes 

R. Permit Expiration and Renewal 

S. Additional Permit Conditions 

T. Part 71 Permit Enforcement

Attachment A

U.S. EPA Phase II Acid Rain Permit Renewal 
4

I. Source Identification

Parent Company name: Arizona Public Service Company (APS)*

Parent Company Mailing Address: P.O. Box 53999

Phoenix, Arizona 85072-3999

*Note: Boilers B1, B2, and B3 at this source are owned by APS. Boilers B4 and B5 are co-owed by 6 

entities. APS is listed as the parent company in this permit since they act as the facility operator, and have 

accepted the responsibility to obtain environmental permits for Four Corners Steam Electric Station, 

including an Acid Rain permit and Part 71 Permit. In addition to APS, the other 5 co-owners of boilers B4 

and B5 are:

1. El Paso Electric Company

2. Salt River Project

3. Tucson Electric Power

4. Public Service Company of New Mexico

5. Southern California Steam Electric Station

Plant Name: Four Corners Steam Electric Station

Plant Location: End of San Juan County Road 6675

Fruitland, New Mexico 87416

County: San Juan, New Mexico

EPA Region: 9

Reservation: Navajo Nation

Tribe: Navajo

Company Contact: Richard Grimes Phone: (505) 598-8210

Responsible Official: David L. Saliba Phone: (505) 598-8209

EPA Contact: Roger Kohn Phone: (415) 972-3973

Tribal Contacts: Eugenia Quintana Phone: (928) 871-7800

 Charlene Nelson Phone: (928) 729-4247 

SIC Code: 4911

AFS Plant Identification Number: 35-045-NAV02

Description of Process: The facility is a 2,060 Megawatts coal fired power plant.

Significant Emission Units:
5

Unit ID/

Stack ID

Unit Description Maximum 

Capacity

Construction 

Date Control Method

B1/

Stack S-1

One (1) pulverized coal-fired boiler,

combusting natural gas for unit startup and flame stabilization. B1 also 

burns a small amount of used oil for 

energy during the combustion of 

coal. Stack S-1 is equipped with SO2

and NOx CEMS. 

2,551 

MBtu/hr;

170 MW

1963

Low NOx burner B1-1N 

(1977); 

Venturi scrubbers B1-1AS and 

B1-1BS for PM control (1972); 

Retrofit for SO2 control (1979); 

and Improved SO2 control 

efficiency (2005). 

B2/

Stack S-2

One (1) pulverized coal-fired boiler,

combusting natural gas for unit startup and flame stabilization. B2 also 

burns a small amount of used oil for 

energy during the combustion of 

coal. Stack S-2 is equipped with SO2

and NOx CEMS. 

2,551 

MBtu/hr;

170 MW

1963

Low NOx burner B2-2N 

(1998);

Venturi scrubbers B2-2AS and 

B2-2BS for PM control (1972); 

Retrofit for SO2 control (1979); 

and Improved SO2 control 

efficiency (2005).

B3/

Stack S-3

One (1) pulverized coal-fired boiler,

combusting natural gas for unit startup and flame stabilization. B3 also 

burns a small amount of used oil for 

energy during the combustion of 

coal. Stack S-3 is equipped with SO2

and NOx CEMS. 

3,387 

MBtu/hr;

220 MW

1964

Low NOx burner B3-3N 

(1990); 

Venturi scrubbers B2-3AS and 

B3-3BS for PM control (1972); 

Retrofit for SO2 control (1979); 

and Improved SO2 control 

efficiency (2005).

B4/

Stack S-4

One (1) pulverized coal-fired boiler,

combusting natural gas for unit startup and flame stabilization. B4 also 

burns a small amount of used oil for 

energy recovery during the 

combustion of coal. Stack S-4 is 

equipped with SO2 and NOx CEMS, 

and a COM.

8,612 

MBtu/hr;

750 MW

1969

Low NOx burner B4-4N 

(1989); 

Baghouse B4-4B (1982); 

FGD system B4-4S (1985); and 

Improved SO2 control 

efficiency (2005).

B5/

Stack S-5

One (1) pulverized coal-fired boiler,

combusting natural gas for unit startup and flame stabilization. B5 also 

burns a small amount of used oil for 

energy recovery during the 

combustion of coal. Stack S-5 is 

equipped with SO2 and NOx CEMS, 

and a COM.

8,612 

MBtu/hr;

750 MW

1970

Low NOx burner B5-5N

(1991);

Baghouse B5-5B (1982);

FGD system B5-5S (1985); and 

Improved SO2 control 

efficiency (2005).

Lime handling operations associated with the FGD systems

EU57 One (1) truck unloading operation 25 tons/hr 1979 baghouses EU15-1L and EU15-

2L

EU15 Four (4) lime storage silos for boilers 

B1 through B3 1,438 tons 1979 baghouses EU15-1L and EU15-2L

EU16 One (1) day tank 147 tons 1979 baghouses EU16-3L

EU17 One (1) day tank 361 tons 1979 baghouses EU17-4L

EU18 One (1) lime slurry preparation 

system 15 tons/hr 1979 vapor scrubber EU18-5L

EU19 One (1) lime slurry preparation 

system 15 tons/hr 1979 scrubber EU19-6L

EU 58 Two (2) truck unloading operations 50 tons/hr 1985 baghouse EU20-8L

EU20 One (1) lime storage silo for boiler 

B4 6,138 tons 1985 baghouse EU20-8L

EU59 Tow (2) truck unloading operations 50 tons/yr 1985 baghouse EU21-11L
6

Unit ID/

Stack ID

Unit Description Maximum 

Capacity

Construction 

Date Control Method

EU21 One (1) lime storage silo for boiler 

B5 6,138 tons 1985 baghouse EU21-11L

EU22 One (1) lime slurry preparation 

system for boiler B4

22.5 

tons/hr 1985 scrubber EU22-6L

EU23 One (1) lime slurry preparation 

system for boiler B4

22.5 

tons/hr 1985 scrubber EU22-7L

EU24 One (1) lime slurry preparation 

system for boiler B5

22.5 

tons/hr 1985 scrubber EU24-9L

EU25 One (1) lime slurry preparation 

system for boiler B5

22.5 

tons/hr 1985 scrubber EU25-10L

Dry fly ash handling operations for boilers B4 and B5*

EU26 One (1) fly ash storage silo for boiler 

B4 848 tons 1982 baghouse EU26-12A

EU27 One (1) fly ash storage silo for boiler 

B5 848 tons 1982 baghouse EU27-13A

EU28 One (1) fly ash storage silo 848 tons 1982 baghouse EU28-14A

EU29 One (1) fly ash storage silo 848 tons 1982 baghouse EU29-15A

EU30

One (1) pug mill, 

mixing the fly ash from boilers B4 

and B5 and the scrubber sludge from 

the FGD systems.

256 tons/hr 1982 scrubber EU30-17A

EU31

One (1) pug mill, 

mixing the fly ash from boilers B4 

and B5 and the scrubber sludge from 

the FGD systems.

256 tons/hr 1982 scrubber EU31-18A

EU32

One (1) pug mill, 

mixing the fly ash from boilers B4 

and B5 and the scrubber sludge from 

the FGD systems.

256 tons/hr 1982 scrubber EU32-19A

EU34 Fugitive emissions from plant decant 

cell road 1963 Water Suppression

EU39 Fugitive emissions from ash pond 

No. 6 road 1963 Water Suppression

EU40 Fugitive emissions from ash ponds 

Nos. 3, 4, and 5 road 1963 Water Suppression

EU43 Fugitive emissions from plant 

disposal area road 1963 Water Suppression

EU45 Fugitive emissions from evaporation 

ponds road 1963 Water Suppression

EU46 Fugitive emissions from Morgan 

Lake Dam road 1963 Water Suppression

EU47 Plant wide parts washers 1,980 

gal/yr 1963 N/A

EU48 Miscellaneous surface coating 

operations

1,023 

gal/yr 1963 N/A

*Note: The fly ash from boilers B1 through B3 is controlled by venturi scrubbers and is handled in a wet form.
7

II. Requirements for Specific Units

II.A. Federal Implementation Plan Requirements [40 CFR § 49.23]

1. Definitions. The following definitions apply to section II.A of this permit [40 

CFR § 49.23(c)]:

 

a. Affirmative defense means, in the context of an enforcement proceeding, a 

response or defense put forward by a defendant, regarding which the 

defense has the burden of proof, and the merits of which are independently 

and objectively evaluated in a judicial or administrative proceeding. 

b. Air pollution control equipment includes baghouses, particulate or gaseous 

scrubbers, and any other apparatus utilized to control emissions of 

regulated air contaminants which would be emitted to the atmosphere.

c. Business Day. Business day means a normal working day, excluding 

weekends and Federal Holidays.

d. Daily average means the arithmetic average of the hourly values measured 

in a 24-hour period.

e. Excess emissions means the emissions of air contaminants in excess of an 

applicable emissions limitation or requirement.

f. Heat input means heat derived from combustion of fuel in a Unit and does 

not include the heat input from preheated combustion air, recirculated flue 

gases, or exhaust gases from other sources. Heat input shall be determined

in accordance with 40 CFR Part 75.

g. Malfunction means any sudden and unavoidable failure of air pollution 

control equipment or process equipment or of a process to operate in a 

normal or usual manner. Failures that are caused entirely or in part by poor 

maintenance, careless operation, or any other preventable upset condition 

or preventable equipment breakdown shall not be considered 

malfunctions. This permit provides an affirmative defense to actions for 

penalties brought for excess emissions that arise during certain 

malfunction episodes. An affirmative defense is not available if during the 

period of excess emissions, there was an exceedance of the relevant 

ambient air quality standard that could be attributed to the emitting source.

h. Owner or Operator means any person who owns, leases, operates, 

controls, or supervises the Plant or any of the coal burning equipment 

designated as Units 1, 2, 3, 4, or 5 at the Plant.

i. Oxides of nitrogen (NOX) means the sum of nitric oxide (NO) and 

nitrogen dioxide (NO2) in the flue gas, expressed as nitrogen dioxide.

j. Plant-wide basis means total stack emissions of any particular pollutant 

from all coal burning equipment at the Plant.
8

k. Regional Administrator means the Regional Administrator of the 

Environmental Protection Agency (EPA) Region 9 or his/her authorized 

representative.

l. Shutdown means the cessation of operation of any air pollution control 

equipment, process equipment, or process for any purpose. Specifically, 

for Units 1, 2, or 3, shutdown begins when the unit drops below 40 MW 

net load with the intent to remove the unit from service. For Units 4 or 5, 

shutdown begins when the unit drops below 300 MW net load with the 

intent to remove the unit from service.

m. Startup means the setting into operation of any air pollution control 

equipment, process equipment, or process for any purpose. Specifically, 

for Units 1, 2, or 3, startup ends when the unit reaches 40 MW net load. 

For Units 4 or 5, startup ends when the unit reaches 400 MW net load.

n. 24-hour period means the period of time between 12:01 a.m. and 12 

midnight.

2. Emissions Limitations and Control Measures [40 CFR § 49.23(d)]

a. Sulfur Dioxide (SO2). No owner or operator shall discharge or cause the 

discharge of sulfur dioxide (SO2) into the atmosphere in excess of:

(i) 12.0 percent of the potential combustion concentration assuming 

all of the sulfur in the coal is converted to SO2. This percent 

emitted is determined by a daily calculation of the plantwide heat

input weighted annual average.

(ii) 17,900 pounds of total SO2 emissions per hour averaged over any 

consecutive three (3) hour period, determined on a plant-wide 

basis.

b. Particulate Matter (PM). No owner or operator shall discharge or cause the 

discharge of particulate matter from any coal burning equipment into the 

atmosphere in excess of 0.050 lb/MMBtu of heat input (higher heating 

value), as averaged from at least three sampling runs, each at minimum 60 

minutes in duration, each collecting a minimum sample of 30 dry standard 

cubic feet.

c. Dust. Each owner or operator shall operate and maintain the existing dust 

suppression methods for controlling dust from the coal handling and 

storage facilities. Within ninety (90) days after promulgation of 40 CFR §

49.23, the owner or operator shall submit to the Regional Administrator a 

description of the dust suppression methods for controlling dust from the 

coal handling and storage facilities, flyash handling and storage, and road 

sweeping activities. Within 548 days of promulgation of 40 CFR § 49.23

each owner or operator shall not emit dust with an opacity greater than 20 
9

percent from any crusher, grinding mill, screening operation, belt 

conveyor, or truck loading or unloading operation.

d. Opacity. No owner or operator shall discharge or cause the discharge of 

emissions from the stacks of Units 4 and 5 into the atmosphere exhibiting 

greater than 20% opacity, excluding uncombined water droplets, averaged 

over any six (6) minute period, except for one six (6) minute period per 

hour of not more than 27% opacity.

e. Oxides of nitrogen. No owner or operator shall discharge or cause the 

discharge of NOX into the atmosphere.

(i) From either B1 or B2 in excess of 0.85 lb/MMBtu of heat input per 

unit, and from either B3, B4, or B5 in excess of 0.65 lb/MMBtu of 

heat input per unit averaged over any successive thirty (30) boiler 

operating day period;

(ii) In excess of 335,000 lb per 24-hour period when coal burning 

equipment is operating, on a plant-wide basis; for each hour when 

coal burning equipment is not operating, this limitation shall be 

reduced. If the unit which is not operating is B1, B2, or B3, the 

limitation shall be reduced by 1,542 lb per hour for each unit 

which is not operating. If the unit which is not operating is B4 or 

B5, the limitation shall be reduced by 4,667 lb per hour for each 

unit which is not operating.

3. Testing and Monitoring [40 CFR § 49.23(e)]

Upon completion of the installation of continuous emissions monitoring systems 

(CEMS) software as required in Condition II.A(3), compliance with the emissions 

limits set for SO2 and NOX shall be determined by using data from a CEMS 

unless otherwise specified in Conditions II.A(3)(b) and II.A(3)(d). Compliance 

with the emissions limit set for particulate matter shall be tested annually, or at 

such other time as requested by the Regional Administrator, based on data from 

testing conducted in accordance with 40 CFR Part 60, Appendix A, Methods 1 

through 5, or any other method receiving prior approval from the Regional 

Administrator. Compliance with the emissions limits set for opacity shall be 

determined by using data from a Continuous Opacity Monitoring System (COMS) 

except during saturated stack conditions (condensed water vapor). If the baghouse 

is operating within its normal operating parameters, the baghouse is not fully 

closed, and a high opacity reading occurs, it will be presumed that the occurrence 

was caused by saturated stack conditions and shall not be considered a violation.

a. The owner or operator shall maintain and operate CEMS for SO2, NO or 

NOX, a diluent and, for boiler B4 and B5 only, COMS, in accordance 

with 40 CFR §§ 60.8 and 60.13, and Appendix B of 40 CFR Part 60. 

Within six (6) months of promulgation of this section [40 CFR § 49.23], 

the owner or operator shall install CEMS and COMS software which 

complies with the requirements of this section. The owner or operator of 
10

the Plant may petition the Regional Administrator for extension of the six 

(6) month period for good cause shown. Completion of 40 CFR Part 75 

monitor certification requirements shall be deemed to satisfy the 

requirements under 40 CFR §§ 60.8 and 60.13 and Appendix B of Part 60. 

The owner or operator shall comply with the quality assurance procedures 

for CEMS found in 40 CFR Part 75, and all reports required there under 

shall be submitted to the Regional Administrator. The owner or operator 

shall provide the Regional Administrator notice in accordance with 40 

CFR § 75.61.

b. Sulfur Dioxide. For the purpose of determining compliance with the limits

in Condition II.A(2)(a), the sulfur dioxide inlet concentration (in 

lbs/MMBtu) shall be calculated using the daily average percent sulfur and 

Btu content of the coal combusted. The inlet sulfur concentration and Btu 

content shall be determined in accordance with American Society for 

Testing and Materials (ASTM) methods or any other method receiving 

prior approval from the Regional Administrator. A daily fuel sample shall 

be collected using the coal sampling tower conforming to the ASTM 

specifications. The analyses shall be done on the daily sample using 

ASTM methods or any other method receiving prior approval from the 

Regional Administrator.

(i) The inlet sulfur dioxide concentration shall be calculated using the 

following formula:

Is = 2(%Sf)/GCV x 10

4

English units

Where:

Is = sulfur dioxide inlet concentrations in pounds per million 

Btu;

% Sf = weight percent sulfur content of the fuel; and

GCV = Gross calorific value for the fuel in Btu per pound.

(ii) The total pounds of SO2 generated by burning the coal shall be 

calculated by multiplying the SO2 inlet concentration by the daily 

total heat input determined by the 40 CFR Part 75 acid rain 

monitoring. This will determine the pounds of SO2 produced per 

day. The SO2 emitted from the stacks shall be determined by 

adding the daily SO2 emissions from each stack as determined by 

the 40 CFR Part 75 acid rain monitors. Compliance with the 

emission limit shall be determined for each day by adding that 

day's SO2 emissions and that day's SO2 produced to the previous 

364 days and then dividing the 365 days of emissions by the 365 

days of SO2 produced. Compliance is demonstrated if this fraction, 

converted to a percent, is equal to or less than 12.0 percent. The 

data from the 40 CFR Part 75 monitors shall not be bias adjusted. 

If a valid SO2 pounds per hour or heat input is not available for any 
11

hour for a unit, that heat input and SO2 pounds per hour shall not 

be used in the calculation of the annual plant-wide average.

c. Particulate Matter. Particulate matter emissions shall be determined by 

averaging the results of three test runs. Each test run shall be sixty (60) 

minutes in duration and shall collect a minimum volume of thirty (30) dry 

standard cubic feet. Within six (6) months of promulgation of 40 CFR §

49.23, particulate matter testing shall be conducted annually and at least 

six (6) months apart, with the equipment within 90 percent of maximum 

operation in accordance with 40 CFR 60.8 and Appendix A to 40 CFR 

Part 60. The owner or operator shall submit written notice of the date of 

testing no later than 21 days prior to testing. Testing may be performed on 

a date other than that already provided in a notice as long as notice of the 

new date is provided either in writing or by telephone or other means 

acceptable to the Region 9 Enforcement Office, and the notice is provided 

as soon as practicable after the new testing date is known, but no later than 

7 days (or a shorter period as approved by the Region 9 Enforcement 

Office) in advance of the new date of testing.

d. Oxides of nitrogen. The total daily plant-wide oxides of nitrogen 

emissions in pounds of NO2 per day shall be calculated using the 

following formula:

TE Eij Hij

j

m

i

n

( )

1 1

Where:

TE = total plant-wide nitrogen dioxide emissions (lb NO2/day);

Eij = hourly average emissions rate of each unit (lb NO2/MMBtu);

Hij = hourly total heat input for each unit (MMBtu);

n = the number of units of coal burning equipment operating during the 

hour;

m = the number of operating hours in a day, from midnight to midnight.

e. Continuous emissions monitoring shall apply during all periods of 

operation of the coal burning equipment, including periods of startup, 

shutdown, and malfunction, except for CEMS breakdowns, repairs, 

calibration checks, and zero and span adjustments. Continuous monitoring 

systems for measuring SO2, NOX, and diluent gas shall complete a 

minimum of one cycle of operation (sampling, analyzing, and data 

recording) for each successive 15-minute period. Hourly averages shall be 

computed using at least one data point in each fifteen minute quadrant of 

an hour. Notwithstanding this requirement, an hourly average may be 

computed from at least two data points separated by a minimum of 15 

minutes (where the unit operates for more than one quadrant in an hour) if 

data are unavailable as a result of performance of calibration, quality 

assurance, preventive maintenance activities, or backups of data from data 

acquisition and handling system, and recertification events. When valid 
12

SO2 pounds per hour, NO2 pounds per hour, or NO2 pounds per million 

Btu emission data are not obtained because of continuous monitoring 

system breakdowns, repairs, calibration checks, or zero and span 

adjustments, emission data must be obtained by using other monitoring 

systems approved by the EPA to provide emission data for a minimum of 

18 hours in at least 22 out of 30 successive boiler operating days. If a 

parameter essential for determining either the SO2 pound per hour or the 

heat input is not valid or unavailable, that hour for that unit shall not be 

used in calculating the percent emissions of SO2 for the plant-wide limit. 

The necessary software for determining compliance with the SO2

plantwide annual average shall be installed and operating within 180 days 

of the effective date of this rule. The first day for determining compliance 

with the plantwide SO2 limit shall be 365 days after the successful 

installation of the software.

f. The owner or operator shall maintain a set of opacity filters to be used as 

audit standards.

g. Nothing herein shall limit EPA's ability to ask for a test at any time under 

Section 114 of the Clean Air Act, 42 U.S.C. 7414, and enforce against any 

violation.

h. In order to provide reasonable assurance that the scrubbers for control of 

particulate matter from Boilers B1, B2, and B3 are being maintained and 

operated in a manner consistent with good air pollution control practice 

for minimizing emissions, the owner or operator shall comply with CAM 

requirements in Condition II.C(2) for Boiler B1, B2, and B3, pursuant to 

40 CFR § 49.23(e)(8)(vii).

4. Reporting and Recordkeeping [40 CFR § 49.23(f)]

Unless otherwise stated all requests, reports, submittals, notifications, and other 

communications to the Regional Administrator required by this section shall be 

submitted, unless instructed otherwise, to the Executive Director, Navajo Nation 

Environmental Protection Agency, P.O. Box 339, Window Rock, Arizona 86515, 

(928) 871-7692, (928) 871-7996 (facsimile), and to the Director, Air Division, 

U.S. Environmental Protection Agency, Region IX, to the attention of Mail Code: 

AIR-5, at 75 Hawthorne Street, San Francisco, California 94105, (415) 972-3990, 

(415) 947-3579 (facsimile). For each unit subject to the emissions limitation in 

this section and upon completion of the installation of CEMS and COMS as 

required in this section, the owner or operator shall comply with the following 

requirements: 

a. For each emissions limit in Condition II.A(2), comply with the notification 

and recordkeeping requirements for CEMS compliance monitoring in 40 

CFR § 60.7(c) and (d). For Boilers B4 and B5, periods of excess opacity 

due to water droplets shall be reported in the summary report required by 

40 CFR 60.7(d).
13

b. For each day, provide the 365-day percent SO2 emitted, the total SO2

emitted that day, and the total SO2 produced that day. For any hours on 

any unit where data for SO2 hourly pounds or heat input is missing, 

identify the unit number and monitoring device that did not produce valid 

data that caused the missing hour.

c. Furnish the Regional Administrator with reports describing the results of 

the annual particulate matter emissions tests postmarked within sixty (60) 

days of completing the tests. Each report shall include the following 

information:

(i) The test date;

(ii) The test method;

(iii) Identification of the coal burning equipment tested;

(iv) Values for stack pressure, temperature, moisture, and distribution 

of velocity heads;

(v) Average heat input;

(vi) Emissions data, identified by sample number, and expressed in 

pounds per MMBtu;

(vii) Arithmetic average of sample data expressed in pounds per 

MMBtu; and

(viii) A description of any variances from the test method.

d. Excess Emissions Report.

(i) For excess emissions (except in the case of saturated stack 

conditions), the owner or operator shall notify the Navajo 

Environmental Protection Agency Director and the U.S. 

Environmental Protection Agency Regional Administrator by 

telephone or in writing within one business day (initial 

notification). A complete written report of the incident shall be 

submitted to the Navajo Environmental Protection Agency 

Director and the U.S. Environmental Protection Agency Regional 

Administrator within ten (10) working days of the initial 

notification. This notification should be sent to the Director, 

Navajo Environmental Protection Agency, by mail to: P.O. Box 

339, Window Rock, Arizona 86515, or by facsimile to: (928) 871–

7996 (facsimile), and to the Regional Administrator, U.S. 

Environmental Protection Agency, by mail to the attention of Mail 

Code: AIR–5, at 75 Hawthorne Street, San Francisco, California 

94105, by facsimile to: (415) 947–3579 (facsimile), or by e-mail 

to: r9.aeo@epa.gov. The complete written report shall include:
14

(A) The name and title of the person reporting;

(B) The identity and location of the Plant and Unit(s) involved, 

and the emissions point(s), including bypass, from which 

the excess emissions occurred or are occurring;

(C) The time and duration or expected duration of the excess 

emissions;

(D) The magnitude of the excess emissions expressed in the 

units of the applicable emissions limitation and the 

operating data and calculations used in determining the 

magnitude of the excess emissions;

(E) The nature of the condition causing the excess emissions 

and the reasons why excess emissions occurred or are 

occurring;

(F) If the excess emissions were the result of a malfunction, the 

steps taken to remedy the malfunction and the steps taken 

or planned to prevent the recurrence of such malfunction;

(G) For an opacity exceedance, the 6-minute average opacity 

monitoring data greater than 20% for the 24 hours prior to 

and during the exceedance for boilers B4 and B5; and

(H) The efforts taken or being taken to minimize the excess 

emissions and to repair or otherwise bring the Plant into 

compliance with the applicable emissions limit(s) or other 

requirements. For this reporting requirement, excess 

opacity due to saturated stack conditions is exempted.

(ii) If the period of excess emissions extends beyond the submittal of 

the written report, the owner or operator shall also notify the 

Regional Administrator in writing of the exact time and date when 

the excess emissions stopped. Compliance with the excess 

emissions notification provisions of this section shall not excuse or 

otherwise constitute a defense to any violations of this section or of 

any law or regulation which such excess emissions or malfunction 

may cause.

5. Equipment Operations [40 CFR § 49.23(g)]

At all times, including periods of startup, shutdown, and malfunction, the owner 

or operator shall, to the extent practicable, maintain and operate the Plant 

including associated air pollution control equipment in a manner consistent with 

good air pollution control practices for minimizing emissions. Determination of 

whether acceptable operating and maintenance procedures are being used will be 
15

based on information available to the Regional Administrator which may include, 

but is not limited to, monitoring results, opacity observations, review of operating 

and maintenance procedures, and inspection of the Plant. With regard to the 

operation of the baghouses on Boiler B4 and B5, placing the baghouses in service 

before coal fires are initiated will constitute compliance with this condition. (If 

the baghouse inlet temperature cannot achieve 185 degrees Fahrenheit using only 

gas fires, the owner or operator will not be expected to place baghouses in service 

before coal fires are initiated; however, the owner or operator will remain subject 

to the requirements of this paragraph.)

6. Enforcement [40 CFR § 49.23(h)]

a. Notwithstanding any other provision in this implementation plan, any 

credible evidence or information relevant to whether the Plant would have 

been in compliance with applicable requirements if the appropriate 

performance or compliance test had been performed, can be used to 

establish whether or not the owner or operator has violated or is in 

violation of any standard in the plan.

b. During periods of startup and shutdown the otherwise applicable emission 

limits or requirements for opacity and particulate matter shall not apply 

provided that:

(i) At all times the facility is operated in a manner consistent with 

good practice for minimizing emissions, and the owner or operator 

uses best efforts regarding planning, design, and operating 

procedures to meet the otherwise applicable emission limit;

(ii) The frequency and duration of operation in start-up or shutdown 

mode are minimized to the maximum extent practicable; and

(iii) The owner or operator's actions during start-up and shutdown 

periods are documented by properly signed, contemporaneous 

operating logs, or other relevant evidence.

c. Emissions in excess of the level of the applicable emission limit or 

requirement that occur due to a malfunction shall constitute a violation of 

the applicable emission limit. However, it shall be an affirmative defense 

in an enforcement action seeking penalties if the owner or operator has 

met with all of the following conditions:

(i) The malfunction was the result of a sudden and unavoidable failure 

of process or air pollution control equipment or of a process to 

operate in a normal or usual manner;

(ii) The malfunction did not result from operator error or neglect, or 

from improper operation or maintenance procedures;
16

(iii) The excess emissions were not part of a recurring pattern 

indicative of inadequate design, operation, or maintenance;

(iv) Steps were taken in an expeditious fashion to correct conditions 

leading to the malfunction, and the amount and duration of the 

excess emissions caused by the malfunction were minimized to the 

maximum extent practicable;

(v) All possible steps were taken to minimize the impact of the excess 

emissions on ambient air quality;

(vi) All emissions monitoring systems were kept in operation if at all 

possible; and

(vii) The owner or operator's actions in response to the excess emissions 

were documented by properly signed, contemporaneous operating 

logs, or other relevant evidence.

II.B. Acid Rain Requirements [40 CFR Parts 72, 73, and 75; Phase II Acid Rain Permit]

The permittee shall comply with the requirements listed in the attached acid rain permit 

renewal (see Attachment A).

II.C. CAM Requirements [40 CFR 64]

PM emissions from boilers B1 through B5 are subject to the CAM requirements in 40 

CFR 64 and shall comply with the following:

1. The permittee shall comply with the following requirements in 40 CFR 64.7:

a. The permittee shall conduct the CAM requirements within ninety (90) days 

after the issuance of this Part 71 permit.

b. At all times, the permittee shall maintain the monitoring, including but not 

limited to, maintaining necessary parts for routine repairs of the monitoring 

equipment.

c. Except for, as applicable, monitoring malfunctions, associated repairs, and 

required quality assurance or control activities (including, as applicable, 

calibration checks and required zero and span adjustments), the permittee 

shall conduct all monitoring in continuous operation (or shall collect data at 

all required intervals) at all times that the pollutant-specific emissions unit 

is in operating. Data recorded during monitoring malfunctions, associated 

repairs, and required quality assurance or control activities shall not be 

used for purposes of 40 CFR Part 64, including data averages and 

calculations, or fulfilling a minimum data availability requirement, if 

applicable. The permittee shall use all the data collected during all other 

periods in assessing the operation of the control device and associated 

control system. A monitoring malfunction is any sudden, infrequent, not 
17

reasonably preventable failure of the monitoring to provide valid data. 

Monitoring failures that are caused in part by poor maintenance or careless 

operation are not malfunctions.

d. Upon detecting an excursion or exceedance, the permittee shall restore 

operation of the pollutant-specific emissions unit (including the control 

device and associated capture system) to their normal or usual manner of 

operation as expeditiously as practicable in accordance with good air 

pollution control practices for minimizing emissions. The response shall 

include minimizing the period of any startup, shutdown or malfunction and 

taking any necessary corrective actions to restore normal operation and 

prevent the likely recurrence of the cause of an excursion or exceedance 

(other than those caused by excused startup or shutdown conditions). Such 

actions may include initial inspection and evaluation, recording that 

operations returned to normal without operator action (such as through 

response by a computerized distribution control system), or any necessary 

follow-up actions to return operation to within the indicator range, 

designated condition, or below the applicable emission limitation or 

standard, as applicable.

Determination of whether the permittee has used acceptable procedures in 

response to an excursion or exceedance will be based on information 

available, which may include, but is not limited to, monitoring results, 

review of operation and maintenance procedures and records, and 

inspection of the control device, associated capture system, and the process.

e. After approval of monitoring under Part 64, if the permittee identifies a 

failure to achieve compliance with an emission limitation or standard for 

which the approved monitoring did not provide an indication of an 

excursion or exceedance while providing valid data, or the results of 

compliance or performance testing document a need to modify the existing 

indicator ranges or designated conditions, the permittee shall promptly 

notify the permitting authority and, if necessary, submit a proposed 

modification to the Part 71 permit to address the necessary monitoring 

changes. Such a modification may include, but is not limited to, 

reestablishing indicator ranges or designated conditions, modifying the 

frequency of conducting monitoring and collecting data, or the monitoring 

of additional parameters.

2. Boilers B1, B2, and B3, which are controlled by wet venturi scrubbers, shall 

comply with the following requirements listed in the CAM program:

a. Indicator No. 1: Total Recycle Slurry Flow

(i) Measurement Approach:

The permittee shall install a recycle transmitter to measure the total 

recycle slurry flow rate of the venturi scrubbers.
18

(ii) Indicator Range:

The total recycle slurry flow rate shall be maintained at or above 

4,000 gallons per minute.

(iii) Data Representativeness:

The recycle flow transmitters shall be located between the recycle 

pump outlet and the top of the venturi scrubber vessel.

(iv) QA/QC Practice and Criteria:

The recycle flow transmitters shall be calibrated every six (6) 

months.

(v) Monitoring Frequency:

The recycle slurry flow rate of the scrubber shall be monitored 

continuously.

(vi) Data Collection Procedures:

A minimum of at least four (4) valid data points over an hour shall 

be used to calculate a one-hour average.

(vii) Averaging Period:

The one-hour average of the total recycle slurry flow rate shall be 

used to demonstrate compliance with the minimum flow rate 

specified in Condition II.C.(2)(a)(ii).

b. Indicator No. 2: Differential Pressure 

(i) Measurement Approach:

The Permittee shall install a differential pressure transmitter to 

measure the pressure drop of the venturi scrubbers.

(ii) Indicator Range:

(A) The differential pressure of the scrubber shall be 

maintained at or above 7.5 inches of water for boilers B1 

and B2.

(B) The differential pressure of the scrubber shall be 

maintained at or above 9.0 inches of water for boiler B3.

(iii) Data Representativeness:
19

The differential pressure transmitters shall be located at the same 

level as the venturi and are positioned as close to the vessel as 

practical.

(iv) QA/QC Practice and Criteria:

The differential pressure transmitters shall be calibrated every 

ninety (90) days.

(v) Monitoring Frequency:

The different pressure of the scrubber shall be monitored 

continuously.

(vi) Data Collection Procedures:

A minimum of at least four (4) valid data points over an hour shall 

be used to calculate a one-hour average.

(vii) Averaging Period:

The one-hour average of the differential pressure rate shall be used 

to demonstrate compliance with the differential pressure range 

specified in Condition II.C.(2)(b)(ii).

3. Boilers B4 and B5, which are controlled by baghouses, shall comply with the 

following requirements listed in the CAM program:

a. Indicator No. 1: Opacity

(i) Measurement Approach:

The permittee shall install a COMS to measure the opacity of the 

exhausts.

(ii) Indicator Range:

The opacity shall not exceed 10% based on three-hour average.

(iii) Data Representativeness:

Each COMS shall be certified per 40 CFR 60, Appendix B -

Performance Specification 1: Specifications and Test Procedures 

for COMS in Stationary Sources.

(iv) QA/QC Practice and Criteria:

The permitee shall perform zero and span calibration error check 

daily. Adjustments shall be made if drifts greater than 4.0% 
20

opacity are found.

(v) Monitoring Frequency:

The opacity shall be shall be monitored continuously.

(vi) Data Collection Procedures:

All valid six-minute opacity averages shall be used to calculate a 

rolling three-hour average.

(vii) Averaging Period:

A rolling three-hour average of the opacity reading shall be used to 

demonstrate compliance with the maximum opacity specified in 

Condition II.C.(3)(a)(ii).

II.D. Operational Flexibility 

1. Clean Air Act Section 502(b)(10) Changes [40 CFR § 71.6(a)(13)(i)] [NNOPR 

§ 404(A)]

a. The permittee may make Clean Air Act Section 502(b)(10) changes 

without applying for a permit revision if those changes do not cause the 

facility to exceed emissions allowable under this permit (whether 

expressed as a rate of emissions or in terms of total emissions) and are not 

modifications under Title I of the Clean Air Act. This class of changes 

does not include: 

(i) Changes that would violate applicable requirements; or 

(ii) Changes that would contravene federally enforceable permit terms 

and conditions that are monitoring (including test methods), 

recordkeeping, reporting, or compliance certification requirements. 

b. For each proposed § 502(b)(10) change, the permittee shall provide 

written notification to the Director and the Administrator at least 7 days in 

advance of the proposed change. Such notice shall state when the change

will occur and shall describe the change, any resulting emissions change, 

and any permit terms or conditions made inapplicable as a result of the 

change. The permittee shall attach each notice to its copy of this permit. 

c. Any permit shield provided in this permit shall not apply to any change 

made under this provision.
21

III. Facility-Wide or Generic Permit Requirements

Conditions in this section of the permit (Section III) apply to all emissions units located

at the facility [See 40 CFR § 71.6(a)(1)].

III.A. Testing Requirements [40 CFR § 71.6(a)(3)]

In addition to the unit specific testing requirements derived from the applicable 

requirements for each individual unit contained in Section II of this permit, the permittee

shall comply with the following generally applicable testing requirements for particulate 

matter, as necessary to ensure that the required tests are sufficient for compliance 

purposes:

1. Submit to NNEPA a source test plan 30 days prior to any required testing. The 

source test plan shall include and address the following elements:

1.0 Purpose of the test

2.0 Source Description and Mode of Operation During Test

3.0 Scope of Work Planned for Test

4.0 Schedule/Dates

5.0 Process Data to be Collected During Test

6.0 Sampling and Analysis Procedures 

6.1 Sampling Locations

6.2 Test Methods 

6.3 Analysis Procedures and Laboratory Identification

7.0 Quality Assurance Plan 

7.1 Calibration Procedures and Frequency

7.2 Sample Recovery and Field Documentation

7.3 Chain of Custody Procedures

7.4 QA/QC Project Flow Chart

8.0 Data Processing and Reporting 

8.1 Description of Data Handling and QC Procedures

8.2 Report Content

2. Unless otherwise specified by an applicable requirement or permit condition in

Section II, all source tests shall be performed at maximum operating rates (90% to 

110% of device design capacity).

3. Only regular operating staff may adjust the processes or emission control device 

parameters within two (2) hours before or during a compliance source test. All 

adjustments must be logged and a copy of the log submitted with the test report. 

No adjustments are to be made within two (2) hours before the start of the tests or 

during a test, if those adjustments are a result of consultation before or during the 

tests with source testing personnel, equipment vendors, or consultants. Such 

adjustments may render the source test invalid.

4. During each test run and for two (2) hours prior to the test and two (2) hours after 

the completion of the test, the permittee shall record the following information:

a. Visible emissions.
22

b. All parametric data which is required to be monitored in Section II for the 

emission unit being tested.

5. The permittee shall perform coal analysis tests on the coal used two (2) days prior 

to the stack testing and for the coal used on the day of stack testing, and report the 

results with the performance test results in accordance with Condition II.A.4.c.

6. Each source test shall consist of at least three (3) valid test runs and the emission 

results shall be reported as the arithmetic average of all valid test runs and in the 

terms of the emission limit. There must be at least 3 valid test runs, unless 

otherwise specified. 

7. Source test reports shall be submitted to NNEPA and U.S. EPA within 60 days of 

completing any required source test.

III.B. Recordkeeping Requirements [40 CFR § 71.6 (a)(3)(ii)] 

In addition to the unit specific recordkeeping requirements derived from the applicable 

requirements for each individual unit and contained in Section II, the permittee shall 

comply with the following generally applicable recordkeeping requirements: 

1. The permittee shall keep records of required monitoring information that include 

the following: 

a. The date, place, and time of sampling or measurements; 

b. The date(s) analyses were performed; 

c. The company or entity that performed the analyses; 

d. The analytical techniques or methods used; 

e. The results of such analyses; and 

f. The operating conditions as existing at the time of sampling or 

measurement. 

2. The permittee shall retain records of all required monitoring data and support 

information for a period of at least 5 years from the date of the monitoring 

sample, measurement, report, or application. Support information includes all 

calibration and maintenance records, all original strip-chart recordings for 

continuous monitoring instrumentation, and copies of all reports required by this 

permit.

3. In order to demonstrate compliance with Condition II.A.2.e(ii), the permittee shall 

keep records of the 24-hour period of total NOx emissions from the entire plant. 

The NOx emissions shall be calculated based on the equation specified in 

Condition II.A.3.d. [40 CFR § 71.6(a)(3)(ii)]
23

III.C. Reporting Requirements [40 CFR § 71.6 (a)(3)(iii)] 

1. The permittee shall submit to NNEPA and EPA Region 9 reports of any 

monitoring required under 40 CFR § 71.6(a)(3)(i)(A), (B), or (C) each six month 

reporting period from January 1 to June 30 and from July 1 to December 31. All 

reports shall be submitted to NNEPA and U.S. EPA and shall be postmarked by 

the 45th day following the end of the reporting period. All instances of deviations 

from permit requirements must be clearly identified in such reports. All required 

reports must be certified by a responsible official consistent with Condition IV.E 

of this permit.

a. A monitoring report under this section must include the following: 

(i) The company name and address.

(ii) The beginning and ending dates of the reporting period.

(iii) The emissions unit or activity being monitored.

(iv) The emissions limitation or standard, including operational 

requirements and limitations (such as parameter ranges), specified 

in the permit for which compliance is being monitored. 

(v) All instances of deviations from permit requirements, including 

those attributable to upset conditions as defined in the permit and 

including exceedances and excursions as defined under 40 CFR 64, 

and the date on which each deviation occurred. 

(vi) If the permit requires continuous monitoring of an emissions limit 

or parameter range, the report must include the total operating time 

of the emissions unit during the reporting period, the total duration 

of excess emissions or parameter exceedances during the reporting 

period, and the total downtime of the continuous monitoring 

system during the reporting period. 

(vii) If the permit requires periodic monitoring, visual observations, 

work practice checks, or similar monitoring, the report shall 

include the total time when such monitoring was not performed 

during the reporting period and at the source's discretion either the 

total duration of deviations indicated by such monitoring or the 

actual records of deviations. 

(viii) All other monitoring results, data, or analyses required to be 

reported by the applicable requirement. 

(ix) The name, title, and signature of the responsible official who is 

certifying to the truth, accuracy, and completeness of the report. 
24

b. Any report required by an applicable requirement that provides the same 

information described in paragraph III.C(1)(a)(i) through (ix) above shall 

satisfy the requirement under III.C(1)(a).

c. "Deviation," means any situation in which an emissions unit fails to meet

a permit term or condition. A deviation is not always a violation. A 

deviation can be determined by observation or through review of data 

obtained from any testing, monitoring, or record keeping established in 

accordance with 40 CFR §§ 71.6(a)(3)(i) and (a)(3)(ii). For a situation 

lasting more than 24 hours, each 24-hour period is considered a separate 

deviation. Included in the meaning of deviation are any of the following: 

(i) A situation when emissions exceed an emission limitation or 

standard; 

(ii) A situation where process or emissions control device parameter 

values indicate that an emission limitation or standard has not been 

met; 

(iii) A situation in which observations or data collected demonstrate 

noncompliance with an emission limitation or standard or any 

work practice or operating condition required by the permit. 

(iv) A situation in which an exceedance or an excursion, as defined in 

40 CFR 64, occurs. 

(v) Pursuant to 40 CFR § 64.1, exceedance means a condition that is 

detected by monitoring that provides data in terms of an emission 

limitation or standard and that indicates that emissions (or opacity) 

are greater than the applicable emission limitation or standard (or 

less than the applicable standard in the case of a percent reduction 

requirement) consistent with any averaging period specified for 

averaging the results of the monitoring.

(vi) Pursuant to 40 C.F.R. § 64.1, excursion means values outside the 

CAM indicator ranges established for total recycle flow rate, 

differential pressure, or opacity in Condition II.C of this permit.

2. The permittee shall promptly report to the NNEPA and EPA Regional Office 

deviations from permit requirements, including those attributable to upset 

conditions as defined in this permit, the probable cause of such deviations, and 

any corrective actions or preventive measures taken. "Prompt" is defined as 

follows: 

a. Any definition of "Prompt" or a specific timeframe for reporting 

deviations provided in an underlying applicable requirement as identified 

in this permit; 
25

b. Where the underlying applicable requirement does not define prompt or 

provide a timeframe for reporting deviations, reports of deviations will be 

submitted based on the following schedule: 

(i) For emissions of a hazardous air pollutant or a toxic air pollutant

(as identified in the applicable regulation) that continue for more 

than an hour in excess of permit requirements, the report must be 

made by telephone, verbal, or facsimile communication within 24 

hours of the occurrence. 

(ii) For emissions of any regulated pollutant excluding a hazardous air 

pollutant or a toxic air pollutant that continue for more than two 

hours in excess of permit requirements, the report must be made by 

telephone, verbal, or facsimile communication within 48 hours of 

the occurrence. 

(iii) For all other deviations from permit requirements, the report shall 

be submitted with the semi-annual monitoring report required in 

paragraph III.C(1) of this permit. 

3. If any of the Conditions in III.C(2)(b)(i) or (ii) of this permit are met, the source 

must notify NNEPA by telephone, facsimile, or electronic mail sent to 

charlenenelson@navajo.org, based on the timetable listed. A written notice, 

certified consistent with paragraph III.C(4) of this permit section must be 

submitted within 10 working days of the occurrence. All deviations reported 

under this section must also be identified in the 6-month report required under 

paragraph III.C(1) of this section. 

4. Any application form, report, or compliance certification required to be submitted 

by this permit shall contain certification by a responsible official of truth, 

accuracy, and completeness. All certifications shall state that, based on 

information and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete. 

5. In order to demonstrate compliance with Condition II.A.2.e(ii), the permittee shall 

submit the 24-hour period NOx emissions data to U.S. EPA and NNEPA in the 

semi-annual monitoring reports required by Condition III. C.1. [40 C.F.R. § 71.6 

(a)(3)(iii)]

III.D. Protection of Stratospheric Ozone [40 CFR Part 82]

1. The permittee shall comply with the standards for labeling of products using 

ozone-depleting substances pursuant to 40 CFR Part 82, Subpart E:

a. All containers in which a class I or class II substance is stored or 

transported, all products containing a class I substance, and all products 

directly manufactured with a Class I substance must bear the required 

warning statement if it is being introduced into interstate commerce 

pursuant to 40 CFR § 82.106.
26

b. The placement of the required warning statement must comply with the 

requirements pursuant to 40 CFR § 82.108.

c. The form of the label bearing the required warning statement must comply 

with the requirements pursuant to 40 CFR § 82.110.

e. No person may modify, remove, or interfere with the required warning 

statement except as described in 40 CFR § 82.112.

2. The permittee shall comply with the standards for recycling and emissions

reduction pursuant to 40 CFR Part 82, Subpart F, except as provided for motor 

vehicle air conditioners (MVACs) in Subpart B:

a. Persons opening appliances for maintenance, service, repair, or disposal 

must comply with the required practices pursuant to 40 CFR § 82.156.

b. Equipment used during maintenance, service, repair, or disposal of 

appliances must comply with the standards for recycling and recovery 

equipment pursuant to 40 CFR § 82.158.

c. Persons performing maintenance, service, repair, or disposal of appliances 

must be certified by an approved technician certification program pursuant 

to 40 CFR § 82.161.

d. Persons disposing of small appliances, MVACs, and MVAC-like 

appliances must comply with recordkeeping requirements pursuant to 40 

CFR § 82.166. ("MVAC-like appliance" as defined at 40 CFR § 82.152) 

e. Persons owning commercial or industrial process refrigeration equipment 

must comply with the leak repair requirements pursuant to 40 CFR §

82.156. 

f. Owners/operators of appliances normally containing 50 or more pounds of 

refrigerant must keep records of when the refrigerant was purchased and 

added to such appliances pursuant to 40 CFR § 82.166.

3. If the permittee manufactures, transforms, destroys, imports, or exports a Class I 

or Class II substance, the permittee is subject to all the requirements as specified 

in 40 CFR Part 82, Subpart A, Production and Consumption Controls.

4. If the permittee performs a service on motor (fleet) vehicles when this service

involves ozone-depleting substance refrigerant (or regulated substitute substance) 

in the MVAC, the permittee is subject to all the applicable requirements as 

specified in 40 CFR Part 82, Subpart B, Servicing of Motor Vehicle Air 

Conditioners.

The term "motor vehicle" as used in Subpart B does not include a vehicle in 

which final assembly of the vehicle has not been completed. The term "MVAC" 
27

as used in Subpart B does not include the air-tight sealed refrigeration system 

used as refrigerated cargo, or system used on passenger buses using HCFC-22 

refrigerant.

5. The permittee shall be allowed to switch from any ozone-depleting substance to 

any alternative that is listed in the Significant New Alternatives Program (SNAP) 

promulgated pursuant to 40 CFR Part 82, Subpart G.

III.E. Asbestos from Demolition and Renovation [40 CFR Part 61, Subpart M]

The permittee shall comply with the requirements of Sections 61.140 through 61.157 of 

the National Emission Standard for Asbestos for all demolition and renovation projects 

[40 CFR Part 61, Subpart M].

III.F. Compliance Schedule [40 CFR §§ 71.5(c)(8)(iii) and 71.6(c)(3)]

1. For applicable requirements with which the source is in compliance, the source 

will continue to comply with such requirements. 

2. For applicable requirements that will become effective during the permit term, the 

source shall meet such requirements on a timely basis.
28

IV. Title V Administrative Requirements

IV.A. Fee Payment [NNOPR Subpart VI] [40 CFR § 71.6(a)(7) and § 71.9]

1. The permittee shall pay an annual permit fee in accordance with the procedures 

outlined below. [NNOPR Subpart VI §§ 603(A) and (B)]

a. The permittee shall pay the annual permit fee by April 1 of each year.

b. Fee payments shall be in remitted in the form of a money order or certified 

check made payable to the Navajo Nation Environmental Protection 

Agency.

c. The permittee shall send the fee payment to:

Navajo Nation EPA Air Quality Control Program

Operating Permit Program 

P.O. Box 529 

Fort Defiance, AZ 86504

2. The permittee shall submit a fee calculation worksheet form with the annual 

permit fee by April 1 of each year. Calculations of actual or estimated emissions 

and calculation of the fees owed shall be computed on the fee calculation 

worksheets provided by the U.S. EPA. Fee payment of the full amount must 

accompany each fee calculation worksheet. [40 CFR § 71.6(a)(7) and §

71.9(e)(1)] [NNOPR Subpart VI § 603(A)] 

3. The fee calculation worksheet shall be certified by a responsible official 

consistent with 40 CFR § 71.5(d). [40 CFR § 71.6(a)(7) and § 71.9(e)(3)]

4. Basis for calculating annual fee:

The annual emissions fee shall be calculated by multiplying the total tons of 

actual emissions of all fee pollutants emitted from the source by the applicable 

emissions fee (in dollars/ton) in effect at the time of calculation. Emissions of any 

regulated air pollutant that already are included in the fee calculation under a 

category of regulated pollutant, such as a federally listed hazardous air pollutant 

that is already accounted for as a VOC or as PM10, shall be counted only once in 

determining the source’s actual emissions. [NNOPR Subpart VI §§ 602(A) and 

(B)(1)]

a. “Actual emissions” means the actual rate of emissions in tpy of any fee 

pollutant emitted from a part 71 source over the preceding calendar year. 

Actual emissions shall be calculated using each emissions unit’s actual 

operating hours, production rates, in-place control equipment, and types of 

materials processed, stored, or combusted during the preceding calendar 

year. Actual emissions shall not include emissions of any one fee pollutant 

in excess of 4,000 TPY, or any emissions that come from insignificant 

activities [NNOPR Subpart I 102(5)].
29

b. Actual emissions shall be computed using methods required by the permit 

for determining compliance, such as monitoring or source testing data [40 

CFR § 71.6(a)(7) and § 71.9(e)(2)].

c. If actual emissions cannot be determined using the compliance methods in 

the permit, the permittee shall use other federally recognized procedures 

[40 CFR § 71.6(a)(7) and § 71.9(e)(2)].

d. The term “fee pollutant” is defined in NNOPR Subpart I § 102(24).

e. The term “regulated air pollutant” is defined in NNOPR Subpart I § 

102(50), except that for purposes of this permit the term does not include 

any pollutant that is regulated solely pursuant to 4 N.N.C. § 1121 nor does 

it include any hazardous air pollutant designated by the Director pursuant 

to 4 N.N.C. § 1126(B).

f. The permittee should note that the applicable fee is revised each year to 

account for inflation, and it is available from NNEPA starting on March 1 

of each year. 

g. The total annual fee due shall be the greater of the applicable minimum fee 

and the sum of subtotal annual fees for all fee pollutants emitted from the 

source. [NNOPR Subpart VI § 602(B)(2)]

5. The permittee shall retain, in accordance with the provisions of 40 CFR §

71.6(a)(3)(ii), all fee calculation worksheets and other emissions-related data used 

to determine fee payment for 5 years following submittal of fee payment. 

Emission-related data include, for example, emissions-related forms provided by 

U.S. EPA and used by the permittee for fee calculation purposes, emissionsrelated spreadsheets, and records of emissions monitoring data and related support 

information required to be kept in accordance with 40 CFR § 71.6(a)(3)(ii) [40 

CFR § 71.6(a)(7) and § 71.9(i)].

6. Failure of the permittee to pay fees in a timely manner shall subject the permittee

to assessment of penalties and interest in accordance with NNOPR Subpart VI § 

603(C).

7. When notified by NNEPA of underpayment of fees, the Permittee shall remit full 

payment within 30 days of receipt of notification [40 CFR § 71.9(j)(2)].

8. A Permittee who thinks an NNEPA assessed fee is in error and wishes to 

challenge such fee, shall provide a written explanation of the alleged error to 

NNEPA along with full payment of the NNEPA assessed fee [CFR § 71.9(j)(3)].
30

IV.B. Blanket Compliance Statement [40 CFR §§ 71.6(a)(6)(i) and (ii), and Sections 113(a) 

and 113(e)(1) of the Clean Air Act, and 40 CFR § 51.212, § 52.12, § 52.33, § 60.11(g), and §

61.12]

1. The permittee must comply with all conditions of this Part 71 permit. Any permit 

noncompliance, including, but not limited to, violation of any applicable 

requirement; any permit term or condition; any fee or filing requirement; any duty 

to allow or carry out inspection, entry, or monitoring activities; or any regulation 

or order issued by the permitting authority pursuant to this part constitutes a 

violation of the Clean Air Act and is grounds for enforcement action; permit 

termination, revocation and reissuance, or modification; or for denial of a permit 

renewal application. It shall not be a defense for a permittee in an enforcement

action that it would have been necessary to halt or reduce the permitted activity in 

order to maintain compliance with the conditions of this permit [40 CFR §§

71.6(a)(6)(i) and (ii)].

2. Determinations of deviations, continuous or intermittent compliance status, or 

violations of this permit, are not limited to the applicable testing or monitoring 

methods required by the underlying regulations or this permit; other credible 

evidence (including any evidence admissible under the Federal Rules of 

Evidence) must be considered in such determinations. [Section 113(a) and 

113(e)(1) of the Clean Air Act, 40 CFR § 51.212, § 52.12, § 52.33, § 60.11(g), 

and § 61.12]

IV.C. Compliance Certifications [40 CFR § 71.6(c)(5)]

1. The permittee shall submit to NNEPA and U.S. EPA Region 9 a certification of 

compliance with permit terms and conditions, including emission limitations, 

standards, or work practices, postmarked by February 14 of each year and 

covering the previous calendar year. The compliance certification shall be 

certified as to truth, accuracy, and completeness by the permit-designated 

responsible official consistent with Section III.C.4. of this permit [40 CFR §

71.6(c)(5)].

2. The certification shall include the following:

a. Identification of each permit term or condition that is the basis of the 

certification.

b. Identification of the method(s) or other means used for determining the 

compliance status of each term and condition during the certification 

period, and whether such methods or other means provide continuous or 

intermittent data. 

 

If necessary, the owner or operator also shall identify any other material 

information that must be included in the certification to comply with 

Section 113(c)(2) of the Clean Air Act, which prohibits knowingly making 

a false certification or omitting material information.
31

c. The compliance status of each term and condition of the permit for the 

period covered by the certification based on the method or means 

designated above. The certification shall identify each deviation and take 

it into account in the compliance certification.

d. Whether compliance with each permit term was continuous or 

intermittent.

IV.D. Duty to Provide and Supplement Information [40 CFR § 71.6(a)(6)(v), 40 CFR §

71.5(b)]

The permittee shall furnish to NNEPA and U.S. EPA Region 9, within a reasonable time, 

any information that NNEPA and U.S. EPA Region 9 may request in writing to 

determine whether cause exists for modifying, revoking, and reissuing, or terminating the 

permit, or to determine compliance with the permit. Upon request, the permittee shall 

also furnish to NNEPA and U.S. EPA Region 9 copies of records that are required to be 

kept pursuant to the terms of the permit, including information claimed to be confidential. 

Information claimed to be confidential should be accompanied by a claim of 

confidentiality according to the provisions of 40 CFR Part 2, Subpart B. The permittee, 

upon becoming aware that any relevant facts were omitted or incorrect information was 

submitted in the permit application, shall promptly submit such supplementary facts or 

corrected information. The permittee shall also provide additional information as 

necessary to address any requirements that become applicable to the facility after this 

permit is issued.

IV.E. Submissions [40 CFR § 71.5(d), § 71.6, and § 71.9]

Any document required to be submitted with this permit shall be certified by a 

responsible official as to truth, accuracy, and completeness. Such certifications shall 

state that based on information and belief formed after reasonable inquiry, the statements 

and information in the document are true, accurate, and complete. All documents 

required to be submitted, including reports, test data, monitoring data, notifications, 

compliance certifications, fee calculation worksheets, and applications for renewals and 

permit modifications shall be submitted to NNEPA and U.S. EPA Region 9:

Navajo Nation Air Quality Control Program

Operating Permit Program 

P.O. Box 529 

Fort Defiance, AZ 86504

and

Director, Air Division (Attn: AIR-1)

EPA Region IX

75 Hawthorne Street

San Francisco, CA 94105

IV.F. Severability Clause [40 CFR § 71.6(a)(5)]

The provisions of this permit are severable, and in the event of any challenge to any 

portion of this permit, or if any portion is held invalid, the remaining permit conditions 

shall remain valid and in force.
32

IV.G. Permit Actions [40 CFR § 71.6(a)(6)(iii)]

This permit may be modified, revoked, reopened, and reissued, or terminated for cause. 

The filing of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or of a notification of planned changes or anticipated 

noncompliance does not stay any permit condition.

IV.H Administrative Permit Amendments [40 CFR § 71.7(d)] [NNOPR § 405(C)]

The permittee may implement the changes outlined in subparagraphs (1) through (5)

below immediately upon submittal of the request for the administrative revision. The 

permittee may request the use of administrative permit amendment procedures for a 

permit revision that: 

1. Corrects typographical errors. 

2. Identifies a change in the name, address, or phone number of any person 

identified in the permit, or provides a similar minor administrative change at the 

source. 

3. Requires more frequent monitoring or reporting by the permittee. 

4. Allows for a change in ownership or operational control of a source where the 

NNEPA determines that no other change in the permit is necessary, provided that

a written agreement containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittee has been submitted 

to the NNEPA.

5. Incorporates into the Part 71 permit the requirements from preconstruction review 

permits authorized under an EPA-approved program, provided that such a 

program meets procedural requirements substantially equivalent to the 

requirements of 40 CFR § 71.7 and § 71.8 that would be applicable to the change 

if it were subject to review as a permit modification, and compliance requirements 

substantially equivalent to those contained in 40 CFR § 71.6. 

6. Incorporates any other type of change which NNEPA has determined to be similar 

to those listed above in subparagraphs (1) through (5). 

IV.I. Minor Permit Modifications [40 CFR § 71.7(e)(1)] [NNOPR § 405(D)]

1. The permittee may request the use of minor permit modification procedures only 

for those modifications that: 

a. Do not violate any applicable requirement. 

b. Do not involve significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit. 

c. Do not require or change a case-by-case determination of an emissions

limitation or other standard, or a source-specific determination for 
33

temporary sources of ambient impacts, or a visibility or increment 

analysis. 

d. Do not seek to establish or change a permit term or condition for which 

there is no corresponding underlying applicable requirement and that the 

source has assumed to avoid an applicable requirement to which the 

source would otherwise be subject. Such terms and conditions include: 

(i) A federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I; and 

(ii) An alternative emissions limit approved pursuant to regulations 

promulgated under Section 112(i)(5) of the Clean Air Act. 

e. Are not modifications under any provision of Title I of the Clean Air Act. 

f. Are not required to be processed as a significant modification. 

2. Notwithstanding the list of changes eligible for minor permit modification 

procedures in paragraph (1) above, minor permit modification procedures may be 

used for permit modifications involving the use of economic incentives, 

marketable permits, emissions trading, and other similar approaches, to the extent 

that such minor permit modification procedures are explicitly provided for in an 

applicable implementation plan or in applicable requirements promulgated by 

EPA. 

3. An application requesting the use of minor permit modification procedures shall 

meet the requirements of 40 CFR § 71.5(c) and shall include the following: 

(i) A description of the change, the emissions resulting from the change, and 

any new applicable requirements that will apply if the change occurs; 

(ii) The source's suggested draft permit; 

(iii) Certification by a responsible official, consistent with 40 CFR § 71.5(d), 

that the proposed modification meets the criteria for use of minor permit 

modification procedures and a request that such procedures be used; and 

(iv) Completed forms for the permitting authority to use to notify affected 

States as required under 40 CFR § 71.8. 

(v) If the requested permit revision would affect existing compliance plans or 

schedules, related progress reports, or certification of compliance 

requirements, an outline of such effects.

4. The permittee may make the change proposed in its minor permit modification 

application immediately after submittal of such application. After the permittee

makes the change allowed by the preceding sentence, and until the Director takes 

any of the actions specified in NNOPR § 405(D)(6) (a) through (c), the permittee
34

must comply with both the applicable requirements governing the change and the 

proposed permit terms and conditions. During this time period, the permittee need 

not comply with the existing permit terms and conditions it seeks to modify. 

However, if the permittee fails to comply with its proposed permit terms and 

conditions during this period, the existing permit terms and conditions it seeks to 

modify may be enforced against it.

5. The permit shield under 40 CFR § 71.6(f) may not extend to minor permit 

modifications [See 40 CFR § 71.7(e)(1)(vi)]. 

IV.J. Group Processing of Minor Permit Modifications [40 CFR § 71.7(e)(2)] 

1. Group processing of modifications by NNEPA may be used only for those permit 

modifications: 

a. That meet the criteria for minor permit modification procedures under 

paragraphs IV.I.1 of this permit; and 

b. That collectively are below the threshold level of 10 percent of the 

emissions allowed by the permit for the emissions unit for which the 

change is requested, 20 percent of the applicable definition of major 

source in 40 CFR § 71.2, or 5 tons per year, whichever is least. 

2. An application requesting the use of group processing procedures shall be 

submitted to NNEPA, shall meet the requirements of 40 CFR § 71.5(c), and shall 

include the following: 

a. A description of the change, the emissions resulting from the change, and 

any new applicable requirements that will apply if the change occurs. 

b. The source's suggested draft permit. 

c. Certification by a responsible official, consistent with 40 CFR § 71.5(d), 

that the proposed modification meets the criteria for use of group 

processing procedures and a request that such procedures be used. 

d. A list of the source's other pending applications awaiting group 

processing, and a determination of whether the requested modification, 

aggregated with these other applications, equals or exceeds the threshold 

set under Condition IV.(J)(1)(b) above. 

e. Completed forms for the permitting authority to use to notify affected 

States as required under 40 CFR § 71.8. 

3. The source may make the change proposed in its minor permit modification 

application immediately after it files such application. After the source makes the 

change allowed by the preceding sentence, and until the permitting authority takes 

any of the actions authorized by 40 CFR § 71.7(e)(1)(iv)(A) through (C), the 

source must comply with both the applicable requirements governing the change 
35

and the proposed permit terms and conditions. During this time period, the source 

need not comply with the existing permit terms and conditions it seeks to modify. 

However, if the source fails to comply with its proposed permit terms and 

conditions during this time period, the existing permit terms and conditions it 

seeks to modify may be enforced against it. 

4. The permit shield under 40 CFR § 71.6(f) may not extend to group processing of 

minor permit modifications [See 40 CFR § 71.7(e)(1)(vi)]. 

IV.K. Significant Permit Modifications [40 CFR § 71.7(e)(3)] [NNOPR § 405(E)]

1. The permittee must request the use of significant permit modification procedures 

for those modifications that: 

a. Do not qualify as minor permit modifications or as administrative 

amendments. 

b. Are significant changes in existing monitoring permit terms or conditions. 

c. Are relaxations of reporting or recordkeeping permit terms or conditions. 

2. Nothing herein shall be construed to preclude the permittee from making changes 

consistent with Part 71 that would render existing permit compliance terms and 

conditions irrelevant. 

3. The permittee must meet all requirements of Part 71 for applications for 

significant permit modifications. For the application to be determined complete, 

the permittee must supply all information that is required by 40 CFR § 71.5(c) for 

permit issuance and renewal, but only that information that is related to the 

proposed change [See 40 CFR §§ 71.7(e)(3)(ii) and 40 CFR § 71.5(a)(2)].

IV.L. Reopening for Cause [40 CFR § 71.7(f)]

NNEPA shall reopen and revise the permit prior to expiration under any of the following 

circumstances:

1. Additional applicable requirements under the Act become applicable to the 

permittee with a remaining permit term of 3 or more years.

2. Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program. Upon approval by 

the Administrator, excess emissions offset plans shall be deemed to be 

incorporated into the permit. 

3. NNEPA determines that the permit contains a material mistake or that inaccurate 

statements were made in establishing the emissions standards or other terms or 

conditions of the permit.

4. NNEPA determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements.
36

IV.M. Property Rights [40 CFR § 71.6(a)(6)(iv)]

This permit does not convey any property rights of any sort, or any exclusive privilege.

IV.N. Inspection and Entry [40 CFR § 71.6(c)(2)]

Upon presentation of credentials and other documents as may be required by law, the 

permittee shall allow authorized representatives from NNEPA and U.S. EPA to perform 

the following:

1. Enter upon the permittee’s premises where a Part 71 source is located or 

emissions-related activity is conducted, or where records must be kept under the

conditions of the permit;

2. Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of the permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and air 

pollution control equipment), practices, or operations regulated or required under 

the permit; and

4. As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit 

or applicable requirements.

IV.O. Emergency Provisions [40 CFR § 71.6(g)]

1. In addition to any emergency or upset provision contained in any applicable 

requirement, the permittee may seek to establish that noncompliance with a 

technology-based emission limitation under this permit was due to an emergency. 

To do so, the permittee shall demonstrate the affirmative defense of emergency 

through properly signed, contemporaneous operating logs, or other relevant 

evidence that: 

a. an emergency occurred and that the permittee can identify the cause(s) of 

the emergency; 

b. the permitted facility was at the time being properly operated; 

c. during the period of the emergency the permittee took all reasonable steps 

to minimize levels of emissions that exceeded the emissions standards, or 

other requirements in this permit; and 

d. the permittee submitted notice of the emergency to EPA within 2 working 

days of the time when emissions limitations were exceeded due to the 

emergency. This notice must contain a description of the emergency, any 

steps taken to mitigate emissions, and corrective actions taken. This notice 

fulfills the requirements of Condition III.C(2) of this permit. 

e. In any enforcement preceding the permittee attempting to establish the 
37

occurrence of an emergency has the burden of proof. 

2. An "emergency" means any situation arising from sudden and reasonably 

unforeseeable events beyond the control of the source, including acts of God, 

which situation requires immediate corrective action to restore normal operation, 

and that causes the source to exceed a technology-based emissions limitation 

under the permit due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused 

by improperly designed equipment, lack of preventive maintenance, careless or 

improper operation, or operator error. 

IV.P. Transfer of Ownership or Operation [40 CFR § 71.7(d)(1)(iv)]

A change in ownership or operational control of this facility may be treated as an 

administrative permit amendment if the NNEPA determines no other change in this 

permit is necessary and provided that a written agreement containing a specific date for 

transfer of permit responsibility, coverage, and liability between the current and new 

permittee has been submitted to NNEPA.

IV.Q. Off Permit Changes [40 CFR § 71.6(a)(12)] [NNOPR § 404(B)]

The permittee is allowed to make certain changes without a permit revision, provided that 

the following requirements are met:

1. Each change is not addressed or prohibited by this permit;

2. Each change must comply with all applicable requirements and may not violate 

any existing permit term or condition;

3. Changes under this provision may not include changes or activities subject to any 

requirement under Title IV or that are modifications under any provision of Title I 

of the Clean Air Act;

4. The permittee must provide contemporaneous written notice to NNEPA and U.S. 

EPA Region 9 of each change, except for changes that qualify as insignificant 

activities under 40 CFR § 71.5(c)(11). The written notice must describe each 

change, the date of the change, any change in emissions, pollutants emitted and 

any applicable requirements that would apply as a result of the change;

5. The permit shield does not apply to changes made under this provision; and

6. The permittee must keep a record describing all changes that result in emissions 

of any regulated air pollutant subject to any applicable requirement not otherwise 

regulated under this permit, and the emissions resulting from those changes.

IV.R. Permit Expiration and Renewal [40 CFR §§ 71.5(a)(1)(iii), 71.6(a)(11), 71.7(b), 

71.7(c)(1)(i) and (ii), and 71.8(d)]

1. This permit shall expire upon the earlier occurrence of the following events:
38

a. up to twelve (12) years elapse from the date of issuance to a solid waste 

incineration unit combusting municipal waste subject to standards under 

section 129 of the Clean Air Act; or

b. for sources other than those identified in subparagraph IV.R(1)(a) above, 

five (5) years elapse from the date of issuance; or

c. the source is issued a Part 70 permit by NNEPA, provided that EPA has 

granted the Navajo Nation treatment as a state and primacy for a Part 70 

program and that NNEPA issues the permit consistent with the VCA.

2. Expiration of this permit terminates the permittee’s right to operate unless a 

timely and complete permit renewal application has been submitted on or before a 

date 6 months, but not more than 18 months, prior to the date of expiration of this 

permit. 

3. If the permittee submits a timely and complete permit application for renewal that

is consistent with 40 CFR § 71.5(a)(2), but the permitting authority has failed to 

issue or deny the renewal permit, then the permit shall not expire until the renewal 

permit has been issued or denied and any permit shield granted pursuant to 40 

CFR § 71.6(f) may extend beyond the original permit term until renewal.

4. The permittee’s failure to have a Part 71 permit is not a violation of this part until 

NNEPA takes final action on the permit renewal application. This protection 

shall cease to apply if, subsequent to the completeness determination, the 

permittee fails to submit any additional information identified as being needed to 

process the application by the deadline specified in writing by NNEPA.

5. Renewal of this permit is subject to the same procedural requirements that apply 

to initial permit issuance, including those for public participation, affected State, 

and tribal review.

6. The application for renewal shall include the current permit number, description 

of permit revisions and off-permit changes that occurred during the permit term, 

any applicable requirements that were promulgated and not incorporated into the 

permit during the permit term, and other information required by the application 

form.

IV.S. Additional Permit Conditions [Voluntary Compliance Agreement, Article 6]

This permit is issued pursuant to the Voluntary Compliance Agreement between the 

permittee and the Navajo Nation. The permittee shall comply with the terms of this 

permit and shall be subject to enforcement of the permit by the Navajo Nation EPA, 

pursuant to the terms of the Voluntary Compliance Agreement. The permittee’s 

agreement to comply is effective upon the permittee’s written acceptance of the permit 

and expires at the end of the permit term, unless the permit is renewed. The permittee’s 

agreement to comply may be withdrawn during the permit term only if the Voluntary 

Compliance Agreement is terminated or expires as provided in that Agreement.
39

IV.T. Part 71 Permit Enforcement [Voluntary Compliance Agreement, Section 5.4.5; 40 CFR 

§ 71.12]

1. The Navajo Nation has the authority to:

a. Develop compliance plans and schedules of compliance;

b. Conduct compliance and monitoring activities, including review of 

monitoring reports and compliance certifications, inspections, audits, 

conducting and/or reviewing stack tests, and issuing requests for 

information either before or after a violation is identified; and

c. Conduct enforcement-related activities, including issuance of notices, 

findings, and letters of violation, and development of cases up to, but not 

including, the filing of a complaint or order.

2. Violations of any applicable requirement; any permit term or condition; any fee or 

filing requirement; any duty to allow or carry out inspection, entry, or monitoring 

activities; or any regulation or order issued by the permitting authority pursuant to 

this part are violations of the Act and are subject to full Federal enforcement 

authorities available under the Act. 
40

Attachment A

Phase II Acid Rain Permit Renewal