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Public Notice: NantEnergy Inc.; Request for Public Comment on Draft Minor New Source Review Permit in Indian Country

How to Comment

Comments accepted through: 10/31/2018
All written comments or requests for a public hearing must be received or postmarked by October 31, 2018. Comments may be submitted via the following methods:

Online: www.regulations.gov, Docket ID: EPA-R09-OAR-2018-0652
E-mail: R9airpermits@epa.gov
U.S. Mail: Sheila Tsai (AIR-3)
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3901

Any person may submit written comments on the draft permit and may request a public hearing during the public comment period. These 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 Minor NSR Permit for NantEnergy Inc.”

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 the EPA through U.S. Mail or other another 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 U.S. Mail or 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 the 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 the 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: 09/28/2018

Summary

The United States Environmental Protection Agency, Region 9 (EPA) provides notice of and requests public comment on the EPA’s proposed action relating to the draft minor New Source Review (NSR) permit for the NantEnergy Inc. (“NantEnergy,” or “Source”). The Source is located at 8455 N. 90th Street, Ste 4, Scottsdale, Arizona 85258, within the Salt River Pima-Maricopa Indian Community. The EPA is proposing to issue this minor NSR permit to Nant Holdings, LLC (“Permittee”). The contact for the applicant is Bill Fulton, Vice President of Operations, (480) 966-0242, extension 102.

This draft permit, if finalized, will authorize the construction and operation of blocking equipment, a sheeter, and three sheet dryers, and add a solvent wipe cleaning process to the existing operation, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). NantEnergy is an existing registered minor source that utilizes a process involving carbon black and solvents to produce cured sheets that are used in energy storage devices. The Permittee has requested the option to upgrade pieces of its existing battery substrate manufacturing process under the Source’s current allowable emissions of volatile organic compounds (VOC) of 28.9 tpy, and to increase the Source’s overall allowable VOC emissions by 0.86 tpy to account for the solvent wipe cleaning process. More information on the emission changes and limitations associated with this draft permit can be found in Section 3 of the technical support document for this action.

Draft Permit Review

A copy of the draft permit prepared by the 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 (address above), Monday through Friday, from 9:00 a.m. until 4:00 p.m., excluding federal holidays. Due to building security procedures, please call Sheila Tsai at (415) 972-3328 at least 48 hours in advance to arrange a visit
  2. At the Community Development Department (CDD), Environmental Protection & Natural Resources (EPNR):
    Address: Salt River Pima Maricopa Indian Community
    Two Waters, Bldg. B, 3rd fl.
    10079 E. Osborn Rd., Scottsdale, AZ 85256
    Contact: hristopher Horan, EPNR Manager
    Email: christopher.horan@srpmic-nsn.gov
    Phone: (480) 362-7639

Public Hearing

A public hearing has not been scheduled for the draft permit action. However, anyone may request a public hearing. Any request for a public hearing must be made in writing and state the nature of the issues proposed to be raised at the hearing. The EPA will hold a hearing whenever there is, on the basis of requests, a significant degree of public interest in a draft minor NSR permit. The EPA may also hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the minor NSR permit decision. The EPA will provide notice at least 30 days in advance of the date and time of any scheduled public hearing. The 30-day public comment period will be extended to the close of any public hearing on the NantEnergy, Inc.

Final Action

Before taking final action on the draft permit, the EPA will consider all written comments submitted during the public comment period. The EPA will send notice of our final permit decision to each person who submitted comments and contact information during the public comment period or requested notice of the final permit decision. The EPA will summarize the contents of all substantive comments and provide written responses in a document accompanying the EPA’s final permit decision. The 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 the EPA’s Environmental Appeals Board 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 shall become effective immediately upon issuance.

Additional Information

If you have questions, or if you wish to obtain further information, please contact Sheila Tsai at (415) 972-3328, via email at R9airpermits@epa.gov, or at the EPA mailing address above. If you would like to be added to our mailing list to receive future information about this draft permit decision or other permit decisions issued by EPA Region 9, please contact the EPA at the address listed above or send an email to R9airpermits@epa.gov.

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

Applicant or Respondent

Nant Holdings, LLC
8455 N. 90th Street, Suite 4
Salt River Pima-Maricopa Indian Community
Scottsdale, AZ 85258

Docket Number: