Debbie Jordan

Director Air Division

EPA Region 9

February 8, 2012

1
Background on BART

 Clean Air Act established a goal to achieve natural background 

visibility (i.e., no manmade visibility impairment) by 2064 in

mandatory class I Federal areas.

 There are 156 Class I areas across the country. Class I areas are 

national parks and wilderness areas (i.e., Grand Canyon).

 To achieve this goal, the Best Available Retrofit Technology 

(BART) provisions of the Regional Haze Rule require reductions

in the emissions of air pollutants that impact visibility.

 These reductions are required at BART-eligible sources and are 

usually accomplished by installation of control technology.

2
Background on BART

 The visibility-impairing pollutants are: sulfur dioxide (SOx), nitrogen

oxides (NOx), and particulate matter (PM). These same pollutants are 

a concern for human health.

 BART-eligible sources are very large, old sources of NOx and SOx

(mostly utilities but also sources like cement plants and lime kilns).

 The only two BART-eligible sources on the Navajo Nation are Navajo

Generating Station and the Four Corners Power Plant.

3
Background on BART

 A BART analysis requires consideration of five factors:

 Costs of compliance (i.e. cost effectiveness)

 The energy and non-air quality environmental impacts of 

compliance

 Any pollution control equipment in use at the source

 The remaining useful life of the source

 The degree of improvement in visibility (i.e. visibility benefits).

 BART determinations can be different for different power plants

and for different units. The units and situations at NGS and FCPP 

are very different from each other.

4
Navajo Generating Station 

 One of the largest emitters of visibility-impairing nitrogen oxides

in the U.S.

 Impacts 11 Class I areas, including the Grand Canyon.

 EPA has already finalized rules that made SO2 emission limits

enforceable at NGS.

 As a result, the main pollutants of concern for visibility purposes

are now nitrogen oxides and particulate matter.

5
BART Process

 EPA’s responsibility is to determine what constitutes BART 

for NGS based on the 5-factor analysis

 When complete EPA will publish a proposal with our BART 

determination and our analysis for public comment

 EPA will conduct Tribal Consultations, host public

information meetings, and host public hearings to hear

comments on the implications to those affected by the

BART determination for NGS 

 EPA will carefully consider all input before making a final

decision on BART for NGS

6
BART Determination Status 

 EPA has not yet proposed BART for NGS.

 EPA began gathering information for our BART determination in August

2009 with the publication of a request for information on NGS (Advanced 

Notice of Proposed Rulemaking, 74 FR 44313).

 EPA conducted several Government to Government Tribal Consultations

with various Tribes beginning in August 2009.

 EPA hired an economist to help us work through the economic issues raised 

by the tribes, the utilities, the states, CAP and Bureau of Reclamation.

 EPA recently received several reports (NREL Study from DOI, Updated 

BART analysis from SRP, and Harvey Economics Report from Gila

River) that we are currently reviewing.

 When our analysis is complete, EPA will published a proposed 

determination of BART for NGS.

7
Significant Issues

 Cost of implementing BART and other pollution controls 

necessary for compliance with recent EPA rules (MATs).

 How do these costs impact Tribes?

 Impacts on Tribal water rights settlement agreements and cost

of water.

 Impacts to Navajo Nation and Hopi Tribe from NGS revenue

and employment.

 How do these costs impact rate payers?

 Federal government (BOR) is part owner of NGS (24.3%).

 Ownership changes will occur in the future; LADWP owns

21.2% of NGS which they have to sell due to CA requirements.

8
Tribal Consultation

 EPA will continue to conduct Government to Government Tribal 

Consultation with Tribes in accordance with EPA Tribal Policy 

throughout the BART process.

 EPA will also be available for meetings and informal discussions as 

needed

 EPA is asking for Tribal input as we seek to understand the impact of 

cost of controls at NGS on Tribes.

 Impact to water rights settlements

 Impact on tribal revenues and employment opportunities

 EPA will host informational public meetings and public hearings on 

Navajo Nation and in Page, AZ, when we issue a proposed BART 

determination for NGS.

9
EPA Contact Information

 Air Division Management Lead:

 Colleen McKaughan, Associate Director of Air Division, 

mckaughan.colleen@epa.gov, 520-498-0118.

 General/Technical Information on NGS BART rulemaking:

 Anita Lee, Air Division, lee.anita@epa.gov, 415-972-3958.

10