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Maurin, Lawrence

From: Maurin, Lawrence

Sent: Monday, April 25, 2016 8:50 AM

To: R9AirPermits

Subject: US EPA Notice of Final Decision: Navajo Generating Station

* * * Public Notice * * *

Navajo Generating Station

Announcement of Final Permit Decision to Issue a Clean Air Act Minor NSR Permit in Indian Country

Tribal Minor NSR Permit: T‐0004‐NN

The United States Environmental Protection Agency, Region 9 (EPA) is issuing its final decision to grant conditional

approval, in accordance with the Clean Air Act, for the addition of a refined coal treatment system (RCTS) at Navajo

Generating Station (NGS). EPA is issuing a Minor New Source Review (NSR) Permit in Indian Country that grants

conditional approval to Salt River Agricultural Improvement and Power District (SRP), in accordance with the Minor NSR

regulations for Indian Country (40 CFR 49.151‐161). The permit authorizes SRP to construct and operate the RCTS,

including ancillary equipment, in order to treat coal with cement kiln dust and calcium bromide, which will result in

some additional reduction of oxides of nitrogen (NOx) and mercury emissions, respectively. This minor NSR permit will

be incorporated by Navajo Nation EPA into Navajo Generating Station’s title V/Federal Operating Permit as an

administrative amendment pursuant to 40 CFR 71.7(d)(i)(v). The address for SRP is 1521 North Project Drive, Tempe,

Arizona, 85281. The proposed location for the NGS RCTS Project is at the existing NGS located approximately 5 miles

east of Page, Arizona on Arizona State Route 98.

During the public comment period, EPA received written comments regarding its proposed permit action to approve the

NGS RCTS Project. EPA has carefully reviewed each of the written comments submitted and, after consideration of the

expressed views of all commenters, the pertinent Federal statutes and regulations, and additional material relevant to

the application and contained in our Administrative Record, EPA has made a decision, in accordance with 40 CFR 49.151‐

161, to issue a final Tribal Minor NSR permit to SRP.

Key portions of the Administrative Record for this decision (including the final permit, all public comments, EPA’s

responses to the public comments, and additional supporting information) are available through a link at our website,

http://www2.epa.gov/caa‐permitting/tribal‐nsr‐permits‐region‐9, or at www.regulations.gov (search for: EPA‐R09‐OAR‐

2016‐0026).

Copies of the final permit and EPA’s responses to the public comments, and the Administrative Record for this action,

may also be viewed in person, Monday through Friday from 9:00 AM to 4:00 PM, at the EPA Region 9 address below.

Due to building security procedures, please call Larry Maurin at (415) 972‐3943 to arrange a visit at least 48 hours in

advance. Hard copies of the final permit and EPA’s responses to the public comments are available upon request at the

following:

E‐mail:                  R9airpermits@epa.gov

U.S. Mail:             Larry Maurin (AIR‐3)

                U.S. EPA Region 9

                75 Hawthorne Street

                San Francisco, CA 94105‐3901
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Phone:                 (415) 972‐3943

The contact information above may also be used to request copies of other portions of the administrative record for this

action. Larry Maurin can also be reached through EPA Region 9’s toll‐free general information line at (866) 372‐9378.

Within 30 days after the service of notice announcing this final permit decision, any person who filed comments on the

proposed permit for the NGS RCTS Project may petition EPA’s Environmental Appeals Board (EAB) to review any

condition of the final permit. Persons who did not file comments or participate in the public hearings may petition for

administrative review only to the extent of changes from the proposed to the final permit decision. The petition must

include a statement of the reason(s) for requesting review by the EAB, including a demonstration that any issues being

raised were raised during the public comment period to the extent required by the regulations at 40 CFR 49.159(d) and

when appropriate, a showing that the conditions in question are based on 1) a finding of fact or conclusion of law which

is erroneous, or 2) an exercise of discretion or an important policy consideration which the EAB should, in its discretion,

review. Please see 40 CFR 49.159(d) and visit http://www.epa.gov/eab/ for important information regarding the

procedures for appeal of a Minor NSR Permit.  

EPA’s permit for the NGS RCTS Project shall become effective 30 days after the service of notice of the final permit

decision, unless a petition for review is properly and timely filed with the EAB per 40 CFR 49.159(d). In the event that a

petition for review is filed with the EAB, construction of the facility is not authorized under this permit until resolution of

the EAB petition(s).

***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***

Larry Maurin

Air Permits Office (AIR‐3)

U.S. Environmental Protection Agency, Region 9

75 Hawthorne Street

San Francisco, CA 94105

(415) 972-3943 (phone) / (415) 947-3579 (fax) 

Maurin.Lawrence@epa.gov