Summary

Source ID #: 34; Application # 2018-010-SM
Permit: T-0003-CA-R1

Final Action

The United States Environmental Protection Agency, Region 9 (EPA) is issuing a synthetic minor New Source Review (NSR) permit for the San Manuel Casino (“Source”). The Source is located at 777 San Manuel Boulevard Highland, California 92346, within the San Manuel Reservation. EPA is proposing to issue this modification of the existing synthetic minor NSR permit TA-0003-CA to the San Manuel Entertainment Authority (“Permittee”). The contact for the Source is Larry Bittner, Director of Facilities, 909-863-5899 x2454.

This permit places enforceable restrictions on the Source’s potential to emit so that the provisions and requirements for major sources under the NSR and title V programs in 40 CFR parts 51, 52, and 71 do not apply. It will also authorize, as a modification to the existing Source to expand existing casino operations, construction of 22 new and replacement emissions units: two new generators for a new 5-megawatt (MW) combined heat and power cogeneration system, six new cooling towers, a new emergency garage generator, 11 new water heaters, and two replacement Tier 4 emergency engines, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). This permit action will retain the existing synthetic minor limits at 9.87 tons per year (tpy) of NOx emissions and add additional synthetic minor limits on emissions of VOC and CO at 5.50 tpy and 10.74 tpy, respectively. More information on the emission changes and limitations associated with this permit can be found in Section 6 of the technical support document for this action.

Public Comments

The public comment period started on April 30, 2019 and ended on May 31, 2019. During this period, EPA received comments submitted by the Permittee. EPA has considered all comments received during the public comment period in making its final permit decision. The comments received and EPA’s responses are available as part of the administrative record for this action.

Administrative Record

The final permit and all other supporting information are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2019-0150. The administrative record for this final permit may also be viewed in person, Monday through Friday (excluding Federal holidays) from 9:00 AM to 4:00 PM, at EPA Region 9, located at 75 Hawthorne Street, San Francisco, CA 94105. Due to building security procedures, please call Khoi Nguyen at 415-947-4120 at least 24 hours in advance to arrange a visit. Khoi Nguyen can also be reached through EPA Region 9 toll-free general information line at (866) 372-9378.

Permit Appeal

In accordance with 40 CFR 49.159, within 30 days after a final permit decision has been issued, any person who filed comments on the draft permit or participated in a public hearing may petition the Environmental Appeals Board (EAB) to review any condition of the permit decision. Any person who failed to file comments or to participate in the public hearing may petition for administrative review only to the extent that the changes from the draft to the final permit or other new grounds were not reasonably ascertainable during the public comment period. The 30-day period within which a person may request review under this section begins with service of notice of the final permit decision. A petition to the EAB is a prerequisite to seeking judicial review of the final agency action under Section 307(b) of the CAA. For purposes of judicial review, final agency action occurs when we deny or issue a final permit and agency review procedures are exhausted. Following an appeal to the EAB, EPA will issue a final permit decision as specified in 40 CFR 49.159(d)(8).

This permit becomes effective 30 days after service of notice of this final permit decision, unless a petition for appeal is properly and timely filed with the EPA’s Environmental Appeals Board (EAB). In the event a petition for review is filed, any construction authorized under this permit cannot begin until resolution of the EAB petition(s).

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