EPA Settles Claims that Arizona Company Violated Clean Air Act in the Navajo Nation
PHOENIX—The U.S. Environmental Protection Agency (EPA) recently finalized a settlement with Fann Contracting, Inc., underscoring the crucial importance of compliance with the Clean Air Act. The company was found to be operating a portable hot mix asphalt plant on the Navajo Nation near Kayenta, Arizona, without a Tribal Minor New Source Review (NSR) permit to control air pollutants. As part of the settlement, the company will pay a civil penalty of $72,128.
For several months in 2021, Fann Contracting, Inc. operated its portable hot mix asphalt plant near the Kayenta Health Center within the Navajo Nation without a valid federal permit to control its air emissions in Indian country. When not controlled by an enforceable permit limit, the asphalt plant had the potential to emit carbon monoxide (CO) in a quantity of 250 tons, which exceeded air pollution limits under the NSR permitting program. Fann Contracting, Inc. only obtained the required permit on April 27, 2022.
“EPA stands ready to use our authority to ensure that Clean Air Act federal regulations are properly followed, and that residents of Arizona and the Navajo Nation are breathing healthy, safe air,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Businesses must comply with permit programs under the law when operating in Indian country.”
The NSR permitting program, established as part of the 1977 Clean Air Act Amendments, plays a vital role in maintaining air quality. It is a preconstruction permitting program that ensures that air quality is not significantly degraded by the addition of new and modified sources such as factories, industrial boilers, and power plants. NSR is crucial in guaranteeing new emissions progress toward cleaner air in areas with unhealthy air. The NSR program assures people that any significant new or modified industrial source in their neighborhoods will be as clean as possible and that advances in pollution control occur concurrently with industrial expansion.
NSR permits are legal documents that the facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.
The Tribal Minor NSR Program protects air quality in Indian country. To simplify the permit issuance process for similar facilities, this program has general permits and permits by rule for specific smaller sources of air pollution commonly found in Indian country. Persons operating hot mix asphalt plants subject to regulation under the Tribal Minor NSR Program can apply for a general air quality permit. Still, this general permit must be obtained before the construction and operation of the regulated source.
For more information on New Source Review permitting, visit EPA’s New Source Review (NSR) Permitting webpage.
For more information on Tribal News Source review, visit EPA’s Tribal Minor Source Review webpage.
For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.
Learn more about EPA’s Pacific Southwest Region x. Connect with us on Facebook, Instagram, and X.