THE NAVAJO NATION BEN SHELLY PRESIDENT 

REX LEE JIM VICE PRESIDENT 

www.navajonationepa.org 

TITLE V PERMIT REOPENING 

PERMIT #: FACILITY NAME: 

NN-ROP-05-06 N AVAJO GENERATING STATION 

ISSUE D ATE: 

07/0312008 

EXPIRATION D ATE: 

07/0312013 

L OCATION: COUNTY: STATE: 

PAGE COCONINO AZ 

AFS PLANT ID: PERMITTING A UTHORITY: 

04-005-N0423 NNEPA 

ACTION/STATUS: PART 71 OPERATING PERMIT REOPENING 

Robert K. Talbot, Plant Manager 

Navajo Generating Station 

P.O. Box 850 

Page, Arizona 86040 

(928) 645-6217 

Re: Title V Operating Permit Reopen for Navajo Generating Station 

Dear Mr. Talbot: 

NNEPA reopened the Title V permit NN-ROP-05-06 to incorporate two separate applicable 

requirements into the existing permit: Conditions Il.A, Federal Implementation Plan 

Requirements, and II.C, CAM Requirements. Also, the language of Condition IV.C has been 

modified to account for the CAM Requirements. These are the only portions of the permit 

affected by this permit reopen. A revised Table of Contents is attached for clarification. NNEP A 

has used this opportunity to add Condition II.B, PSD Requirements, as an Administrative 

Amendment pursuant to NNOPR § 405(C) and 40 C.F.R. § 71.7(d). 

The federal operating permit program provides for a permit reopening for cause in certain 

circumstances. One of the circumstances requiring reopening, as described in 40 C.F.R. § 

71.7(t)(l)(i), NNOPR § 406 and Condition IV.L of the existing permit, is if "Additional 

applicable requirements under the Act become applicable to a major Part 71 source with a 

remaining permit term of 3 or more years." On May 11, 2010, NNEPA provided a notice of 

intent to reopen the NGS Title V Permit (NN-ROP-05-06) to add the FIP and CAM 

requirements. 

We have enclosed the Title V Permit Reopening and the accompanying Statement of Basis with 

a clear understanding that the changes made in the permit will not affect the permit terms that 

became effective July 03, 2008 and expire on July 3, 2013. If you have any questions regarding 

this matter, please contact Charlene Nelson at (928) 729-4247 or charlenenelson@navajo-

"m 2 8 2011 ~ • MDate Ste en B. Et ttyExecutive Director 

Navajo Nation Environmental Protection Agency 
Navajo Nation Environmental Protection Agency – Air Quality Control/Operating Permit Program

Post Office Box 529, Fort Defiance, AZ 86504  Rt.112 North, Bldg # 2837

Telephone (928) 729-4096, Fax (928) 729-4313

TITLE V PERMIT REOPENING

PERMIT #: FACILITY NAME: LOCATION: COUNTY: STATE:

NN-ROP-05-06 NAVAJO GENERATING STATION PAGE COCONINO AZ

ISSUE DATE: EXPIRATION DATE: AFS PLANT ID: PERMITTING AUTHORITY:

07/03/2008 07/03/2013 04-005-N0423 NNEPA

ACTION/STATUS: PART 71 OPERATING PERMIT REOPENING

TABLE OF CONTENTS

Abbreviations and Acronyms

I. Source Identification

II. Requirements for Specific Units

A. Federal Implementation Plan Requirements

B. PSD Permit Requirements

C. CAM Requirements

D. Acid Rain Requirements

E. Visibility Federal Implementation Plan Requirements

F. NSPS General Provisions 

G. NSPS Requirements

H. Monitoring and Testing Requirements 

I. 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
2

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
3

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

COFA Close-Coupled Overfire Air

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

RMP Risk Management Plan

SNAP Significant New Alternatives Program

SO2 Sulfur Dioxide

TSP Total Suspended Particulate

US EPA United States Environmental Protection Agency

VCA Voluntary Compliance Agreement

VOC Volatile Organic Compounds
4

I. Source Identification

 Managing Participant Name: Salt River Project Agricultural Improvement 

and Power District (SRP)*

 Managing Participant Mailing Address: P.O. Box 52025, PAB 352

Phoenix, Arizona 85072-2025

*Note: This facility is co-owned by 6 entities. SRP is listed as the managing participant in 

this permit since they act as the facility operator, and have accepted the responsibility to 

obtain environmental permits for Navajo Generating Station, including an Acid Rain 

permit and Part 71 Permit. In addition to SRP, the other 5 co-owners of this facility are:

1. Los Angeles Department of Water and Power (LADWP)

2. Arizona Public Service Company (APS)

3. Tucson Electric Power (TEP)

4. Nevada Power Company (NPC)

5. U.S. Bureau of Reclamation (USBR)

 Plant Name: Navajo Generating Station

 Plant Location: 5 miles east of Page, AZ off U.S. Highway 98

Page, Arizona 

 County: Coconino, Arizona

 EPA Region: 9

 Reservation: Navajo Nation

 Tribe: Navajo

 Company Contact: Paul Ostapuk Phone: (928) 645-6577

 Responsible Official: Robert K. Talbot Phone: (928) 645-6217

 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: 04-005-N0423

 Description of Process: The facility is 2,250 Net Megawatts coal fired power plant.

 Significant Emission Units:

Unit ID/

Stack ID

Unit Description Maximum 

Capacity

Commenced 

Construction 

Date

Control 

Method

U1/

Stack S1

One (1) pulverized coal-fired boiler,

using No. 2 fuel oil for ignition fuel. Stack S1 is 

equipped with SO2, CO, and NOX CEMS, and a 

COMS.

7,725 

MMBtu/hr;

750 Net MW

1970

LNB/SOFA

(2011);

FGD system 

SCBR1 

(1999); ESP1
5

U2/

Stack S2

One (1) pulverized coal-fired boiler,

using No. 2 fuel oil for ignition fuel. Stack S2 is 

equipped with SO2, CO, and NOX CEMS, and a 

COMS.

7,725 

MMBtu/hr;

750 Net MW

1970

LNB/SOFA

(2010);

FGD system 

SCBR2 

(1998); ESP2

U3/

Stack S3

One (1) pulverized coal-fired boiler,

using No. 2 fuel oil for ignition fuel. Stack S3 is 

equipped with SO2, CO, and NOX CEMS, and a 

COMS.

7,725 

MMBtu/hr;

750 Net MW

1970

LNB/SOFA

(2009);

FGD system 

SCBR3 

(1997); ESP3

AUX A One (1) auxiliary boiler;

using No. 2 fuel oil as fuel 308 MMBtu/hr 1970 N/A

AUX B One (1) auxiliary boiler;

using No. 2 fuel oil as fuel 308 MMBtu/hr 1970 N/A

Coal Handling Operations

CT1 One (1) railcar unloading operation 10,000 tons/hr 1970 N/A

L1 - L12 Twelve (12) hopper feeders 2,400 tons/hr

(total) 1970 N/A

BC-1 

through BC4Four (4) conveyors to the yard surge bin 1,800 tons/hr

(each) 1970 DC-8

BC-4A One (1) conveyor to the batch weight system 100 tons/hr 1970 DC-8

BFD-5A, 

BC-5

Two (2) reclaim conveyors 1,800 tons/hr

(each) 1970 DC-8

BC-6 One (1) conveyor to the yard surge bin 1,500 tons/hr 1970 DC-8

BC-6A 

through BC6CThree (3) conveyors to the stacker/reclaimer 1,800 tons/hr

(each) 1970 N/A

BC-7

One (1) conveyor to the emergency reclaim 

hopper 1,500 tons/hr 1970 N/A

YSB-1 One (1) yard surge bin 1,800 tons/hr 1970 DC-8

BC-8A BC8B Two (2) conveyors to plant surge bin 1,500 tons/hr

(each) 1970 DC-8

PSB-1 One (1) plant surge bin 3,000 tons/hr 1970 DC-5

BC-9A BC9BTwo (2) conveyors to the coal silos for boilers 

U1 and U2

1,500 tons/hr

(each) 1970 DC-5

BC-10A

BC-10B

Two (2) conveyors to the coal silos for boiler 

U3

1,500 tons/hr

(each) 1970 DC-5

CC-1A 

through CC9A; CC-1B 

through CC9B

Three (3) enclosed cascading conveying systems 

to the coal storage silos for boilers U1, U2, and 

U3

1,500 tons/hr

(each) 1970

DC-1 through 

DC-4, DC-6, 

and DC-7

Silos 1A 

through 1G Seven (7) storage silos for boiler U1 3,000 tons/hr(each) 1970

DC-1, DC-2, 

and baghouse 

PR-1.

Silos 2A 

through 2G Seven (7) storage silos for boiler U2 3,000 tons/hr(each) 1970

DC-3, DC-4, 

and baghouse 

PR-2.

Silos 3A 

through 3G Seven (7) storage silos for boiler U3 3,000 tons/hr(each) 1970

DC-6, DC-7, 

and baghouse 

PR-3.

CS Outdoor coal storage piles 3,300 tons/hr

(total) 1970 water suppression

Limestone handling system associated with the FGD systems
6

Unloading 

Bay A and B Two (2) truck unloading operations 38 tons/hr(each) 1997 N/A

O-LSHHOP-A One (1) limestone unloading hopper 300 tons/hr 1997 DC-9

O-LSHHOP-B One (1) limestone unloading hopper 300 tons/hr 1997 DC-10

O-LSHFDR-A

One (1) conveyor 300 tons/hr 1997 DC-9

O-LSHFDR-B

One (1) conveyor 300 tons/hr 1997 DC-10

O-LSHCNV-A

One (1) conveyor 300 tons/hr 1997 DC-9

O-LSHCNV-B

One (1) conveyor 300 tons/hr 1997 DC-10

O-LSHSILO-A and 

B

Two (2) limestone storage silos 300 tons/hr

(each) 1997 DC-11

O-LSPFDR-A and 

B

Two (2) enclosed feeders to the slurry 

preparation system

36 tons/hr

(each) 1997 N/A

O-LSPCNV-A and 

B

Two (2) enclosed cleanout conveyors 5 tons/hr

(each) 1997 N/A

O-LSPMILL-A and 

B

Two (2) ball mills 36 tons/hr

(each) 1997 N/A

LS Limestone storage piles 600 tons/hr

(total) 1997 water suppression

Fly ash handling system

Silo 1 One (1) fly ash bin for boilers U1 and U2 46 tons/hr 1970 DC-TD and 

DC-S1/2

Silo 2 One (1) fly ash bin for boiler U3 46 tons/hr 1970 DC-S3

Silo 1 and 2 

Loading

Two (2) partially enclosed fly ash truck loading 

operations

38 tons/hr

(each) 1970 N/A

DWB-A 

through 

DWB-F

Six (6) bottom ash truck loading operations.

The bottom ash is processed in a wet form

46 tons/hr

(each) 1970 N/A

Soda ash/lime handling systems

SAB-1A, 

SAB-2A, 

SAB-1B, 

SAB-2B

Four (4) soda ash storage bins 0.4 tons/hr 

(each) 1970 dust collector BH-6

LB-1 and 

LB-2

Two (2) lime storage bins 0.57 tons/hr 

(each) 1970 dust collector BH-7

Miscellaneous Operations

Six (6) cooling towers 813,000 gal/min

(total) 1970 N/A

TR Fugitive emissions from unpaved roads N/A 1970 water 

suppression

Note: LNB : Low-NOX Burner, SOFA: Separated Over-fire Air.
7

II. Requirements for Specific Units

II.A. Federal Implementation Plan Requirements. The following requirements apply to Units 

1, 2, and 3, coal and ash handling equipment, and the two auxiliary steam boilers at 

Navajo Generating Station. [40 CFR § 49.5513]

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

CFR § 49.5513(c)]:

a. Absorber upset transition period means the 24-hour period following an 

upset of an SO2 absorber module which resulted in the absorber being 

taken out of service.

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

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

defendant has the burden of proof, and the merits of which are 

independently and objectively evaluated in a judicial or administrative 

proceeding. This rule provides an affirmative defense to actions for 

penalties brought for excess emissions that arise during certain 

malfunction episodes.

c. 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. 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.

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

or supervises the NGS, any of the fossil fuel-fired, steam-generating 

equipment at the NGS, or the auxiliary steam boilers at the NGS.

e. Plant-wide means a weighted average of particulate matter and SO2

emissions for Units 1, 2, and 3 based on the heat input to each unit as 

determined by 40 CFR part 75.

f. Point source means any crusher, any conveyor belt transfer point, any 

pneumatic material transferring, any baghouse or other control devices 

used to capture dust emissions from loading and unloading, and any other 

stationary point of dust that may be observed in conformance with Method 

9 of Appendix A–4 of 40 CFR Part 60 (excluding stockpiles).

g. Regional Administrator means the Regional Administrator of the 

Environmental Protection Agency Region 9 or his/her authorized 

representative.
8

h. Startup shall mean the period from start of fires in the boiler with fuel oil, 

to the time when the electrostatic precipitator is sufficiently heated such 

that the temperature of the air preheater inlet reaches 400 degrees 

Fahrenheit and when a unit reaches 300 MW net load. Proper startup 

procedures shall include energizing the electrostatic precipitator prior to 

the combustion of coal in the boiler. This rule provides an affirmative 

defense to actions for penalties brought for excess emissions that arise 

during startup 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.

i. Shutdown shall begin when the unit drops below 300 MW net load with 

the intent to remove the unit from service. The precipitator shall be 

maintained in service until boiler fans are disengaged. This rule provides 

an affirmative defense to actions for penalties brought for excess 

emissions that arise during shutdown 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.

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

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

2. Emissions Limitations and Control Measures [40 CFR § 49.5513(d)]:

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

discharge of sulfur oxides into the atmosphere from Units 1, 2, or 3 in 

excess of 1.0 pound per million British thermal units (lb/MMBtu) 

averaged over any three (3) hour period, on a plant-wide basis.

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

discharge of particulate matter into the atmosphere in excess of 0.060 

lb/MMBtu, on a plant-wide basis, as averaged from at least three sampling 

runs per stack, each at a minimum of 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 these 

regulations 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, fly ash 

handling and storage, and road sweeping activities. Each owner or 

operator shall not emit dust with an opacity greater than 20% from any 

crusher, grinding mill, screening operation, belt conveyor, truck loading or 

unloading operation, or railcar unloading station, as determined using 40 

CFR Part 60, Appendix A–4 Method 9.
9

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

emissions from the stacks of Units 1, 2, or 3 into the atmosphere 

exhibiting greater than 20% opacity, excluding condensed uncombined 

water droplets, averaged over any six (6) minute period and 40% opacity, 

averaged over six (6) minutes, during absorber upset transition periods.

3. Testing and Monitoring [40 CFR § 49.5513(e)]:

a. On and after the effective date of this regulation, the owner or operator 

shall maintain and operate Continuous Emissions Monitoring Systems 

(CEMS) for NOX and SO2 and Continuous Opacity Monitoring Systems 

(COMS) on Units 1, 2, and 3 in accordance with 40 CFR 60.8 and 

60.13(e), (f), and (h), and Appendix B of Part 60. The owner or operator 

shall comply with the quality assurance procedures for CEMS and COMS 

found in 40 CFR part 75.

b. The owner or operator shall conduct annual mass emissions tests for 

particulate matter on Units 1, 2, and 3, operating at rated capacity, using

coal that is representative of that normally used. The tests shall be 

conducted using the appropriate test methods in 40 CFR Part 60, 

Appendix A.

c. During any calendar year in which an auxiliary boiler is operated for 720 

hours or more, and at other times as requested by the Administrator, the 

owner or operator shall conduct mass emissions tests for sulfur dioxide, 

nitrogen oxides and particulate matter on the auxiliary steam boilers, 

operating at rated capacity, using oil that is representative of that normally 

used. The tests shall be conducted using the appropriate test methods in 40 

CFR Part 60, Appendix A. For particulate matter, testing shall consist of 

three test runs. Each test run shall be at least sixty (60) minutes in duration 

and shall collect a minimum volume of thirty (30) dry standard cubic feet.

d. The owner or operator shall maintain two sets of opacity filters for each 

type of COMS, one set to be used as calibration standards and one set to 

be used as audit standards. At least one set of filters shall be on site at all 

times.

e. All emissions testing and monitor evaluation required pursuant to this 

section shall be conducted in accordance with the appropriate method 

found in 40 CFR Part 60, Appendices A and B.

f. The owner or operator shall install, maintain and operate ambient monitors 

at Glen Canyon Dam for particulate matter (PM2.5 and PM10), nitrogen 

dioxide, sulfur dioxide, and ozone. Operation, calibration and maintenance 

of the monitors shall be performed in accordance with 40 CFR Part 58, 

manufacturer's specification, and “Quality Assurance Handbook for Air 

Pollution Measurements Systems”, Volume II, U.S. EPA as applicable to 
10

single station monitors. Data obtained from the monitors shall be reported 

annually to the Regional Administrator. All particulate matter samplers 

shall operate at least once every six days, coinciding with the national 

particulate sampling schedule.

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. 7413, and enforce against any 

violation of the Clean Air Act or this section.

h. A certified EPA Reference Method 9 of Appendix A–4 of 40 CFR Part 60 

observer shall conduct a weekly visible emission observation for the 

equipment and activities described under Condition II.A.2.c. If visible 

emissions are present at any of the equipment and/or activities, a 6-minute 

EPA Reference Method 9 observation shall be conducted. The name of the 

observer, date, and time of observation, results of the observations, and 

any corrective actions taken shall be noted in a log.

4. Reporting and Recordkeeping Requirements [40 CFR § 49.5513(f)]:

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

communications to the Regional Administrator required by this section shall be 

submitted to the Director, Navajo 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 limitations in this section the owner or operator shall:

a. Comply with the notification and recordkeeping requirements for testing 

found in 40 CFR 60.7. All data/reports of testing results shall be submitted 

to the Regional Administrator and postmarked within 60 days of testing.

b. For excess emissions, 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. 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 Region 9, 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. A complete written report of the incident 

shall be submitted to the Regional Administrator within ten (10) working 

days after the event. This notification shall include the following 

information:

(i) The identity of the stack and/or other emissions points where 
11

excess emissions occurred;

(ii) 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;

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

emissions;

(iv) The identity of the equipment causing the excess emissions;

(v) The nature and cause of such excess emissions;

(vi) 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; and

(vii) The steps that were taken or are being taken to limit excess 

emissions.

c. Notify the Regional Administrator verbally within one business day of 

determination that an exceedance of the NAAQS has been measured by a 

monitor operated in accordance with this regulation. The notification to 

the Regional Administrator shall include the time, date, and location of the 

exceedance, and the pollutant and concentration of the exceedance. 

Compliance with Condition II.A.4.c.v 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. The 

verbal notification shall be followed within fifteen (15) days by a letter 

containing the following information:

(i) The time, date, and location of the exceedance;

(ii) The pollutant and concentration of the exceedance;

(iii) The meteorological conditions existing 24 hours prior to and 

during the exceedance;

(iv) For a particulate matter exceedance, the 6-minute average opacity 

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

during the exceedance; and

(v) Proposed plant changes such as operation or maintenance, if any, 

to prevent future exceedances.

d. Submit quarterly excess emissions reports for sulfur dioxide and opacity 

as recorded by CEMS and COMS together with a CEMS data assessment 
12

report to the Regional Administrator no later than 30 days after each 

calendar quarter. The owner or operator shall complete the excess 

emissions reports according to the procedures in 40 CFR 60.7(c) and (d) 

and include the Cylinder Gas Audit. Excess opacity due to condensed 

water vapor in the stack does not constitute a reportable exceedance; 

however, the length of time during which water vapor interfered with 

COMs readings should be summarized in the 40 CFR 60.7 (c) report.

5. Compliance Certifications [40 CFR § 49.5513(g)]:

Notwithstanding any other provision in this implementation plan, the owner or 

operator may use any credible evidence or information relevant to whether a 

source would have been in compliance with applicable requirements if the 

appropriate performance or compliance test had been performed, for the purpose 

of submitting compliance certifications.

6. Equipment Operations [40 CFR § 49.5513(h)]:

The owner or operator shall operate all equipment or systems needed to comply 

with this section in accordance with 40 CFR 60.11(d) and consistent with good 

engineering practices to keep emissions at or below the emissions limitations in 

this section, and following outages of any control equipment or systems the 

control equipment or system will be returned to full operation as expeditiously as 

practicable.

7. Enforcement [40 CFR § 49.5513(i)]:

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

credible evidence or information relevant to whether a source 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 a person has violated or is in violation of any 

standard in the plan.

b. During periods of start-up 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 
13

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 and did not result 

from inadequate design or construction of the process or air 

pollution control equipment;

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

from improper operation or maintenance procedures;

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

indicative of inadequate design, operation, or maintenance;

(iv) Steps were immediately taken 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. PSD Permit Requirements [PSD Permit AZ 08-01]

1

Low-NOX Burner (LNB) & Separated Over-fire Air (SOFA) Requirements:

1. Prior to commencement of installation, the permittee shall submit the 

following information to EPA [PSD Permit AZ 08-01 IX.A]:

a. Design specifications of the LNB/SOFA system to be installed.

b. At least one month prior to the date of initial start-up, an LNB/SOFA 

 

1 NNEPA has added Condition II.B to the permit as an administrative amendment pursuant to NNOPR § 405(C), see 

also 40 C.F.R. § 71.7(d), in order to incorporate the requirements of existing PSD permit AZ 08-01 issued by US 

EPA. Condition II.B is included here for informational purposes only and is not subject to public comment.
14

system operating plan which sets forth measures that will be taken to 

maintain and operate the system in a manner to ensure compliance with 

the emission limits specified in Condition II.B.2.

2. Emission Limits [PSD Permit AZ 08-01 IX.B]:

a. Carbon monoxide (CO) emissions from each unit shall not exceed 0.42 

lb/MMBtu based on a 30-day rolling average.

b. Nitrogen oxide emissions (NOX) from each unit shall not exceed 0.24 

lb/MMBtu based on a 30-day rolling average.

3. Demonstration Period Requirements [PSD Permit AZ 08-01 IX.C]:

a. Demonstration Period is defined as the first 18 months of operation after 

installation of the LNB/SOFA system.

b. After the Demonstration Period for each LNB/SOFA system, the permittee 

shall submit to EPA a written report together with CO CEMS data 

showing actual CO emissions which evaluates whether a lower CO 

emissions limit can be consistently and reasonably achieved while 

maintaining NOX emission levels at or below 0.24 lb/MMBtu on a 30-day 

rolling average. The report shall provide all supporting documentation 

identifying the combustion characteristics that impact CO emissions and 

evaluate the potential for reducing the CO emission limit to a level that 

can be consistently and reasonably met. Within 30 days after the EPA 

concludes in writing that the report is acceptable, the permittee shall apply 

for a permit modification to decrease the CO emission limit. This report 

shall also evaluate the ten highest occurrences for a one-hour average and 

an 8-hour average for pounds per hour CO. If these averages are 

inconsistent (higher) with the modeling submittal, either a new modeling 

analysis will be required to assure maintenance of the CO NAAQS or a 

short term limit will be established for the permit.

4. At all times, including periods of startup and shutdown, the permittee shall, to the 

extent practicable, maintain and operate the LNB/SOFA system in a manner 

consistent with good combustion practices to minimize emissions [PSD Permit 

AZ 08-01 IX.D]

5. Continuous Emission Monitoring Systems [PSD Permit AZ 08-01 IX.E]:

a. Within 60 days of completion of installation of each LNB/SOFA system, 

the permittee shall install, and thereafter operate, maintain, certify, and 

quality assure a continuous emission monitoring system (CEMS) for each 

boiler which measures stack gas CO concentrations in lb/MMBtu. 

b. The CO CEMS shall meet the applicable requirements of 40 CFR Part 60 

Appendix B, Performance Specifications 3 and 4A, and 40 CFR Part 60 
15

Appendix F, Procedure 1. The diluent monitor (O2 or CO2) must meet the 

requirements of 40 CFR Part 75. 

c. The permittee shall operate, maintain, and quality-assure according to the 

requirements of 40 CFR Part 75, a CEMS for each boiler which measures 

stack gas NOX concentrations in lb/MMBtu. The NOX CEMs must meet 

the requirements of 40 CFR Part 75. 

d. The CO CEMS shall complete a minimum of one cycle of operations 

(sampling, analyzing and data recording) for each successive 15-minute 

period. 

e. The permittee shall submit a CO CEMS performance test protocol to the 

EPA no later than 30 days prior to the test date to allow review of the test 

plan and to arrange for an observer to be present at the test. The 

performance test shall be conducted in accordance with the submitted 

protocol, and any changes required by EPA. 

f. The permittee shall furnish the EPA a written report of the results of 

performance tests within 60 days of completion. 

g. The CO CEMS shall be tested annually and quarterly in accordance with 

the requirements of 40 CFR 60 Appendix F, Procedure 1. The NOX CEMS 

shall meet the quality assurance requirement found in 40 CFR Part 75. 

6. Performance Test [PSD Permit AZ 08-01 IX.F]:

A thirty day initial performance test for CO and NOX shall be conducted with the 

CEMS starting the day after successful completion of the performance testing for 

the CO CEMs. A report of the NOX and CO hourly emissions during this initial 

test shall be submitted to EPA within 30 days of completion of the test.

7. Recordkeeping and Reporting Requirements [PSD Permit AZ 08-01 IX.G]:

a. The permittee shall maintain records of the hours of operation for U1, U2 

and U3 on a monthly basis.

b. The permittee shall maintain records of the amount of fuel used in U1, U2 

and U3 on a monthly basis.

c. The permittee shall maintain all records on site of actual operating data 

and emissions calculations for emissions limits required in Condition 

II.B.2.

d. The permittee shall maintain CEMS records that contain the following: the 

occurrence and duration of any startup, shutdown or malfunction, 

performance testing, evaluations, calibrations, checks, adjustments, 

maintenance, duration of any periods during which a continuous 
16

monitoring system or monitoring device is inoperative, and emission 

measurements. 

e. The permittee shall maintain records and submit a written report of all 

excess emissions to EPA semi-annually. The report is due on the 30th day 

following the end of the calendar quarter and shall include the following: 

(i) Time intervals, data and magnitude of the excess emissions, the 

nature and cause (if known), corrective actions taken and 

preventive measures adopted; 

(ii) Applicable time and date of each period during which the CEMS 

was inoperative (monitor down time), except for zero and span 

checks, and the nature of system repairs or adjustments; and 

(iii) A negative declaration when no excess emissions occurred or 

when the CEMS has not been inoperative, repaired, or adjusted. 

f. Excess emissions shall be defined as any operating day in which the 30-

day rolling average CO and NOX concentration, as measured by the 

CEMS, exceeds the maximum emission limits set forth in Condition 

II.B.2. 

g. A period of monitor down time shall be any unit operating hour in which 

sufficient data are not obtained to validate the hour for CO, NOX, or O2. 

h. Excess emissions indicated by the CEMS shall be considered violations of 

the applicable emission limit for the purpose of this permit. 

i. All records required by this PSD Permit shall be retained for five years 

following the date of such measurements, maintenance, and reports. 

II.C. CAM Requirements [40 CFR Part 64] 

The following provisions shall apply to each unit (U1-U3):

1. Monitoring

a. The indicator ranges are defined by the following thresholds [40 CFR § 

64.6(c)(1)(i)]:

(i) For each Electrostatic Precipitator (ESP), no more than 3 chambers 

(18 fields) shall be out of service at one time.

(ii) If less than 2 spray levels are operating in each wet limestone 

scrubber, then for the same boiler, no more than 1 chamber (6 

fields) shall be out of service in the ESP for that boiler. 
17

(iii) For each wet limestone scrubber, the temperature shall not exceed 

145°F on a 1 hour average, as measured by a J-type thermocouple. 

(iv) No more than one wet limestone scrubber shall be bypassed at one 

time, and the same wet limestone scrubber shall not be bypassed 

for more than 1 hour.

b. The means or devices by which the indicators will be measured are as 

follows [40 CFR § 64.6(c)(1)(ii)]:

(i) Status bits from the Automatic Voltage Controllers (AVCs) shall 

be recorded on a continuous basis by the BHA WinDAC Data 

Acquisition and Control Software and supplemented with 

operating logs; these status bits indicate the number of 

chambers/fields that are operational in the ESPs.

(ii) The wet limestone scrubber spray level signal shall be recorded on 

a continuous basis by a data acquisition handling system.

(iii) A J-type thermocouple at the wet limestone scrubber exhaust shall 

measure the temperature of the exhaust and be recorded as an 

hourly average by a data acquisition system.

(iv) An on/off signal on the wet limestone scrubber indicating that the 

wet limestone scrubber is operational shall be recorded on a 

continuous basis by a data acquisition handling system.

c. The permittee shall conduct performance testing in accordance with 40 

CFR § 64.4(d) to ensure that compliance with the particulate matter 

emission limits in Condition II.A.2.b can be achieved when more than 3 

chambers of an ESP unit are out of service. The testing shall be conducted 

at the first possible opportunity, i.e. the earliest time during which more 

than 3 chambers are out of service in an ESP unit. [40 CFR § 

64.6(c)(1)(iii)] 

2. Excursions during normal operation of the boilers are defined below [40 CFR § 

64.6(c)(2)]. Normal operation of the boiler is specified as any time the boiler is 

operating in its usual manner in accordance with good air pollution control 

practices for minimizing emissions. [Condition II.C.6.a]

a. When an ESP unit is operating with more than 3 chambers (18 fields) out 

of service.

b. When an ESP unit is operating with more than 1 chamber (6 fields) out of 

service and less than 2 spray levels are operating in the wet limestone 

scrubber associated with the same boiler.
18

c. When the exhaust temperature for a wet limestone scrubber exceeds 145°F 

for more than one unit, on a 1 hour average basis.

d. When a wet limestone scrubber is bypassed for more than one unit and the 

same wet limestone scrubber is bypassed for more than 1 hour.

3. The permittee shall continuously monitor and log the following measurements 

upon issuance of this permit [40 CFR § 64.6(c)(3), 40 CFR § 64.7(a)]:

a. The number of chambers/fields in service for each ESP unit.

b. The number of wet limestone scrubber spray levels in service for each 

boiler unit.

c. The wet limestone scrubber exhaust temperatures at the absorber outlets of 

each boiler unit.

d. The wet limestone scrubber on/off signal of each boiler unit. 

4. At all times, the permittee shall maintain the monitoring equipment, including but 

not limited to, maintaining necessary parts for routine repairs of the monitoring 

equipment. [40 CFR § 64.7(b)]

5. 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 operating. Data 

recorded during monitoring malfunctions, associated repairs, and required quality 

assurance or control activities shall not be used for purposes of this permit, 

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 

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. [40 CFR § 64.7(c)]

6. Response to excursions or exceedances [40 CFR § 64.7(d)]

a. 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 its normal or usual manner of 

operation as expeditiously as practicable in accordance with good air 

pollution control practices for minimizing emissions. The response shall 
19

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.

b. 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.

7. 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 

NNEPA and, if necessary, submit a proposed modification to this 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. [40 CFR § 64.7(e)]

8. Based on the results of a determination made under Condition II.C.6.b of this 

permit, NNEPA may require the permittee to develop and implement a QIP. In 

addition, NNEPA may require the implementation of a QIP if an accumulation of 

exceedances or excursions exceeds 5 percent duration of each unit’s (U1-U3) 

operating time for one calendar quarter. [40 CFR § 64.8(a)]

9. Reporting and Recordkeeping Requirements [40 CFR § 64.9]

a. A report for monitoring under this permit shall include, at a minimum, the 

information required under Condition III.C of this permit and the 

following information, as applicable:

(i) Summary information on the number, duration and cause 

(including unknown cause, if applicable) of excursions or 

exceedances, as applicable, and the corrective actions taken;
20

(ii) Summary information on the number, duration and cause 

(including unknown cause, if applicable) for monitor downtime 

incidents (other than downtime associated with zero and span or 

other daily calibration checks, if applicable); and

(iii) A description of the actions taken to implement a Quality 

Improvement Plan (QIP) during the reporting period as specified in 

40 CFR § 64.8. Upon completion of a QIP, the permittee shall 

include in the next summary report documentation that the 

implementation of the plan has been completed and reduced the 

likelihood of similar levels of excursions or exceedances 

occurring.

b. The permittee shall comply with the recordkeeping requirements specified 

in Condition III.B.3 of this permit. The permittee shall maintain records 

of monitoring data, monitor performance data, corrective actions taken, 

any written QIP required pursuant to 40 CFR § 64.8 and any activities 

undertaken to implement a quality improvement plan, and other 

supporting information required to be maintained (such as data used to 

document the adequacy of monitoring, or records of monitoring 

maintenance or corrective actions).

c. Instead of paper records, the permittee may maintain records on 

alternative media, such as microfilm, computer files, magnetic tape disks, 

or microfiche, provided that the use of such alternative media allows for 

expeditious inspection and review, and does not conflict with other 

applicable recordkeeping requirements.
21

IV.C. Compliance Certifications [40 CFR § 71.6(c)(5)] [NNOPR § 302(I)] [The NNOPR 

provision is enforceable by NNEPA only]

1. The permittee shall submit to NNEPA and US EPA Region 9 a semi-annual

certification of compliance with permit terms and conditions, including emission 

limitations, standards, or work practices, postmarked by January 31 and July 31 of 

each year and covering the previous six-month period ending on December 31 

and June 30, respectively. The compliance certification shall be certified as to 

truth, accuracy, and completeness by the permit-designated responsible official 

consistent with Condition III.C.4 of this permit [40 CFR § 71.6(c)(5)].

2. The certification shall include the following [40 CFR § 71.6(c)(5)(iii)]:

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 permittee 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.

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. The certification shall 

identify as possible exceptions to compliance any periods during which 

compliance is required and in which an excursion or exceedance has 

occurred pursuant to this permit.

d. Whether compliance with each permit term was continuous or 

intermittent.