                        PUBLIC NOTICE  -  NAVAJO NATION

Notice is hereby given that the U. S. Environmental Protection Agency Region 9 (EPA) has received a supplemental application from the Navajo Nation (Tribe) for treatment in a similar manner as a State (TAS) under Section 301(d) of the federal Clean Air Act (CAA) and the Tribal Authority Rule (TAR) set forth in 40 CFR part 49. The EPA's approval of the application would extend the Tribe's jurisdiction to include the former Bennett Freeze area and expand the Tribe's delegation of administration of the CAA federal title V operating program, pursuant to 40 CFR 71.10, to sources located within the former Bennett Freeze area.  
      
On October 15, 2004, the EPA approved the Tribe's assertion of jurisdictional authority over certain tribal lands and authority to administer a CAA Part 71 permitting program. However, that determination excluded the Four Corners Power Plant, the Navajo Generating Station, and the former Bennett Freeze area. On March 21, 2006, the EPA approved a supplemental application to include the Four Corners Power Plant and Navajo Generating Station.   

The EPA has performed its initial review of the second supplemental application and has provided notice to, and requested comments from, appropriate governmental entities, including the States of Arizona, New Mexico, Colorado and Utah; nearby tribes; local air agencies; and federal agencies located contiguous to the Reservation. The EPA will evaluate comments from these governmental entities concerning the boundary of the Reservation in accordance with 40 CFR 49.9(b)(1) and (c). 

The EPA also recognizes that city and county governments and other interested parties may wish to comment and is therefore providing this notice for their information. If you would like to comment on any matter concerning the boundaries of the Reservation, please do so in writing within 30 days of this publication. Comments may be mailed to:

      Lauren Maghran (Air 1-1)
      U.S. Environmental Protection Agency, Region 9
      75 Hawthorne Street 
      San Francisco, CA 94105
      
      Or
      
      Email: maghran.lauren@epa.gov

Comments received will be made available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2019-0471. Any comments submitted will be considered in the EPA's subsequent decision on whether to approve Navajo Nation's TAS application. The appropriate governmental entities have 30 days from the date they received notice to submit comments to the EPA regarding any dispute concerning the exterior boundaries of the Reservation. All comments must be timely, limited to the scope of the Tribe's jurisdictional assertion to regulate air resources within the exterior boundaries of the Reservation, and clearly explain the substance, bases, and extent of any objections.  

If you have questions, or if you wish to obtain further information, please contact Lauren Maghran at the addresses above or by phone at (415) 947-4107. A copy of the Tribe's application and supporting documentation are available for review by the public through the online docket listed above, or by contacting Lauren Maghran. 

