Public Notice: NTEC Energy Generation Plant Draft Tribal Synthetic Minor NSR Permit

NTEC Energy Generation Plant Draft Tribal Synthetic Minor NSR Permit
How to Comment
Comments Due

All written comments must be received or postmarked by April 29, 2026. Comments may be submitted via the following methods:

Online: www.regulations.gov 
Docket ID: EPA-R09-OAR-2024-0028
E-mail: R9airpermits@epa.gov
Other: By contacting Po-Chieh Ting for other submission methods. See the Contact Information section below.

During the public comment period, any person may submit written comments on the draft synthetic minor permit or our finding under section 106 of the National Historic Preservation Act. Comments must raise any reasonably ascertainable issue with supporting arguments by the close of the public comment period (including any public hearing). Please address comments with the subject “Comments on Draft Permit for NTEC Energy Generation Plant.”

All comments that are received via email or through www.regulations.gov will be included in the public docket without change and will be available to the public, including any personal information provided, within a few days of receipt. Comments submitted to EPA through a non-electronic delivery method will also be included in the public docket without change and will be available to the public, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Information that is considered to be CBI or otherwise protected should be clearly identified as such and should be submitted only through a non-electronic delivery method; such information should not be submitted through www.regulations.gov or e-mail. If a commenter sends e-mail directly to EPA, the e-mail address will be automatically captured and included as part of the public comment. Please note that an e-mail or postal address must be provided with comments if the commenter wishes to receive direct notification of EPA’s final decision regarding the draft permit following the public comment period. For information about CBI or multimedia submissions and general guidance on making effective comments, please visit Commenting on EPA Dockets.

Publish Date

Summary

Announcement of Draft Permit and Request for Public Comment on Draft Clean Air Act Synthetic Minor NSR Permit in Indian Country for NTEC Energy Generation Plant Tribal Synthetic Minor NSR Permit. Application #2024-004-SM.

Proposed Action

The United States Environmental Protection Agency, Region 9 (EPA) provides notice of and requests public comment on EPA’s proposed action relating to the draft synthetic minor New Source Review (NSR) permit for the NTEC Energy Generation Plant, LLC (“Source”). The Source will be located at Ramp 7 Road, Waterflow, New Mexico 87416, within the Navajo Nation reservation on the reclaimed Navajo Mine. EPA is proposing to issue this synthetic minor NSR permit to Navajo Transitional Energy Company, LLC (NTEC), 385 Interlocken Crescent #400, Broomfield, Colorado 80021. The contact for the Source is Carolyn Blackaller, (720) 202-1426.

This draft permit, if finalized, will authorize the construction and operation of a new 742-megawatt (MW) natural gas-fired power plant, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-165). The new power plant will consist of eighteen General Electric LM-6000 natural gas-fired stationary combustion turbines, six evaporative cooling towers for the operation of the combustion turbines, one emergency diesel-fired engine-generator set, and one emergency diesel-fired firewater pump. Each combustion turbine will drive a 41.22-MW electrical generator and will be equipped with selective catalytic reduction (SCR) control equipment for reducing emissions of oxides of nitrogen (NOX) and oxidation catalyst control equipment for reducing emissions of volatile organic compounds (VOC) and carbon monoxide (CO). This draft permit, if finalized, places enforceable limitations on the annual fuel usage of the combustion turbines, the emissions concentrations from the combustion turbines, the annual allowable hours of operation for the cooling towers, and the concentration of total dissolved solids in the circulating water for the cooling towers to limit the emissions of VOC, NOX, CO, particulate matter less than 10 microns in diameter (PM10), and particulate matter less than 2.5 microns in diameter (PM2.5) from the Source below the major emitting facility thresholds under section 169 of the Clean Air Act (CAA), as well as to limit the emissions of hazardous air pollutants (HAP) from the Source below the major source threshold under section 112 of the CAA. The total allowable emissions at the Source permitted in the draft permit, if finalized, are: 78.83 tons per year (tpy) of VOC, 198.75 tpy of NOX, 170.16 tpy of CO, 16.30 tpy of SO2, 194.86 tpy of particulate matter (PM), 194.86 tpy of PM10, 194.86 tpy of PM¬2.5, 15.07 tpy of total HAP, and 8.35 tpy of maximum single HAP (as formaldehyde). This draft permit, if finalized, will also ensure that the proposed power plant will not cause or contribute to a violation of any National Ambient Air Quality Standard (NAAQS). More information on the emissions, limitations, and air quality impact analysis associated with this draft permit can be found in Sections 7 and 9 of the technical support document for this action.

Draft Permit Review

The draft permit prepared by EPA, the technical support document for the draft permit, and all supporting materials are available for review by the public through the online docket listed above, by contacting the permit writer at R9airpermits@epa.gov, or at the following locations:

  1. At the US EPA Region 9 office (75 Hawthorne Street, San Francisco, California 94105), Monday through Friday, from 9:00 a.m. until 4:00 p.m., excluding federal holidays. Due to building security procedures, please call Po-Chieh Ting at (415) 972-3191 at least 48 hours in advance to arrange a visit.
  2. You can also access the online docket at locations near you with internet access, including:
    1. Location: Navajo Nation Library – Main Library
      Address: Highway 264 and Postal Loop Road, Window Rock, Arizona 86515
      Hours: Monday – Friday, 8 a.m. to 5:00 p.m. (except holidays)
      Email: navajonationlibrary@gmail.com 
      Phone: (928) 871-6376
    2. Location: San Juan College Library
      Address: 4601 College Blvd, Farmington, New Mexico 87402
      Hours: Monday – Thursday, 8 a.m. to 9:00 p.m.; Friday, 8 a.m. to 5:00 p.m.; Saturday, 9 a.m. to 5:00 p.m.
      Email: library@sanjuancollege.edu
      Phone: (505) 566-3249

Add to Calendar

Public Hearings

EPA will hold two public hearings, pursuant to 40 CFR 49.157(c), to provide the public with further opportunity to comment on the draft synthetic Tribal Minor NSR permit. At the public hearings, any interested person may provide written comments or oral comments, in English or Diné, and relevant data pertaining to the draft synthetic minor permit..

The public hearings will be held in-person. The dates, time, and locations of the public hearings are as follows:

  • Date: Tuesday, April 21, 2026
    Time: 6:00 p.m. – 8:00 p.m. Mountain Daylight Time (MDT)
    Location: Meeting Hall at Upper Fruitland Chapter House
    Navajo 36 N562
    Fruitland, New Mexico 87416
  • Date: Wednesday, April 22, 2026
    Time: 6:00 p.m. – 8:00 p.m. MDT
    Location: Auditorium at Navajo Nation Museum
    Arizona 264 and Loop Road
    Window Rock, Arizona 86515

In-person public information meetings will be held before each hearing between 3:00 p.m. and 5:00 p.m. MDT. EPA staff will be able to answer questions at this time. If you are interested in attending the public hearing, advanced registration is appreciated; please register at: Public Hearing Registration.

Diné interpretation services will be provided. If you require a reasonable accommodation, please contact Santana Garza, EPA Region 9 Reasonable Accommodations Coordinator, by April 7, 2026, at (415) 972-3643, or garza.santana@epa.gov.

Final Action

Before taking final action on the draft permit, EPA will consider all written comments submitted during the public comment period. EPA will send notice of our final permit decision to each person who submitted comments and provided contact information during the public comment period or requested notice of the final permit decision. EPA will summarize the contents of all substantive comments and provide written responses in a document accompanying EPA’s final permit decision. EPA’s final permit decision will become effective 30 days after the service of notice of the decision unless:

  1. A later effective date is specified in the permit;
  2. The decision is appealed to EPA’s Environmental Appeals Board (EAB) pursuant to 40 CFR 49.159(d); or
  3. There are no comments requesting a change to the draft permit decision, in which case the final decision may become effective immediately upon issuance.

Appeals to the Environmental Appeals Board (EAB)

In accordance with 40 CFR 49.159 and 40 CFR 124.19, within 30 days after a final permit decision has been issued, any person who filed comments on the draft permit or participated in the public hearing may petition the EAB to review any condition of the permit decision. The 30-day period within which a person may request review under this section begins when the Region has fulfilled the notice requirements for the final permit decision. A petition to the EAB is, under section 307(b) of the Act, a prerequisite to seeking judicial review of the final agency action. For purposes of judicial review, final agency action occurs when EPA denies or issues a final permit and agency review procedures are exhausted.

Contact Information

If you have questions, or if you wish to obtain further information, please contact Po-Chieh Ting at (415) 972-3191 or via email at R9airpermits@epa.gov. If you would like to be added to our notification list to receive future information about this draft permit decision or other permit decisions issued by EPA Region 9, please contact EPA at R9airpermits@epa.gov.

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

Applicants or Respondents

Navajo Transitional Energy Company, LLC (NTEC)

385 Interlocken Crescent
#400
Broomfield, CO 80021
United States

Permit Number
Tribal Synthetic Minor NSR Permit Application #2024-004-SM

Related Documents

  • Diné Translated Public Notice (pdf) (207.62 KB, March 19, 2026)
    Diné translated version of the EPA Public Notice for NTEC Energy Generation Plant Draft Tribal Synthetic Minor NSR Permit.

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Last updated on March 19, 2026