EPA backs permit
Agency plans public hearings, meetings on Desert Rock project

By Kathy Helms
Diné Bureau
July 20, 2006

WINDOW ROCK — The U.S. Environmental Protection Agency has proposed a Clean Air permit for the Desert Rock Energy Project and will formally publish a public notice in the Farmington Daily Times and Navajo Times in a few weeks, kicking off the public comment period.

EPA also will host informational workshops for Navajo Nation residents and nearby communities about the proposed permit before returning in October for a formal public hearing. The affected public has the right to request a hearing in their area. The deadline for public comment is Oct. 27.

The federal agency said the emission limits required by the proposed permit for the 1,500 megawatt power plant planned by Sithe Global Inc. and the Navajo Nation are some of the most stringent in the country and would set a new level of performance for coal-fired plants in the United States.

The proposed permit is based on best available control technology to limit the release of sulfur dioxide and nitrogen dioxide chemicals primarily responsible for acid rain and fine particulates, and detailed technical studies to ensure that pollution levels safeguard public health and the environment, EPA said.

Deborah Jordan, EPA Region 9 air programs director for the Pacific Southwest, said, "We encourage Navajo Nation residents and other interested citizens to learn about the proposal and participate in the comment process."

The proposed permit and other related documents are available on EPA's Web site (www.epa.gov/region09/air/permit/desertrock/). Several documents have yet to be posted but are forthcoming, according to EPA.

Navajo residents who are not computer literate can request hard copies of the documents from EPA/Region 9.

Premit conditions
The permit for Desert Rock will become invalid if construction is not begun within 18 months after approval, or if construction is discontinued for 18 months or more, or if it's not completed within a reasonable time.

EPA did not offer a timeline for "reasonable time."

All equipment, facilities and systems at the plant must be maintained in good working order and be operated as intended to minimize air pollution emissions, according to the proposed permit conditions.

Sithe must notify EPA within two working days of any air pollution control equipment or process equipment failure or unusual event resulting in a release in air emissions above allowable EPA standards.

The permit calls for use of low sulfur fuel oil sulfur content of no more than 0.05 percent to be used to operate the auxiliary boilers.

It is proposed that all emissions of pollutants from each of the boilers will be averaged over a three-hour period.

Sulfur dioxide (SO2) emissions discharged to the atmosphere will be limited to 4.38 pounds per hour.

Nitrogen dioxide (NOx) is not to exceed 8.64 pounds per hour; carbon dioxide, 3.09 lb/hr, volatile organic compounds, 0.21 lb/hr, and particulate matter, 2.04 lb/hr.

Critical permit
Stephen B. Etsitty, executive director of Navajo Nation Environmental Protection Agency, said recently that while the tribal agency does not have a regulatory role in the Desert Rock project just yet, Navajo EPA has been consulted by U.S. EPA on the Draft PSD Permit, or Potential for Significant Deterioration.

"This PSD permit is critical. It's a preconstruction permit." The application has been in EPA offices for more than two years.

Etsitty said Navajo EPA is helping the federal agency establish workshops on the reservation and in the affected area. The timing hinges on publication of the draft PSD permit in the Federal Register.

"If they happen to get the PSD permit and construction moves, then we're going to have probably some water quality permits they're going to have to apply for in terms of storm water protection plans and other Clean Water Act stuff," he said.

"When they need an operating permit, then they're going to apply for the operating permit from us. From that point on, we'll be regulating them under the Title V Operating Permit Program," Etsitty said.


 

 

originally found in the Gallup Independent

        


Reprinted as an historical reference document under the Fair Use doctrine of international copyright law. http://www4.law.cornell.edu/uscode/17/107.html