The United States Environmental Protection Agency, Region 9 (EPA) is issuing a synthetic minor permit for use in Indian Country within California pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New Source Review (NSR) program for new and modified minor sources at 40 CFR 49.151 through 49.161. The synthetic minor permit is for Red Hawk Casino, an 88,000 square-foot gaming facility managed by the Shingle Springs Tribal Gaming Authority in Placerville, California. Red Hawk Casino currently operates three 2,000 kilowatt (kW) non-emergency diesel engines, designated as Emission Units (EU) 1, 2, and 3, with a total capacity of 6,000 kW, six 0.4 million British thermal units per hour (MMBtu/hr) propane-fired hot water heaters, two 3.5 MMBtu/hr propane-fired boilers, and a spray painting booth. This minor NSR permit action limits the amount of diesel fuel combusted per year in Emission Units 1, 2, and 3, so that the Casino may operate as a synthetic minor source for purposes of the title V and NSR programs.
The public comments period started on July 12, 2017 and ended on August 16, 2017. No comments were received for this action.
The final permit and other supporting information, including the Technical Support Document, are available through www.regulations.gov (Docket: EPA-R09-OAR-2017-0272), or the EPA Region 9 website at Tribal Minor New Source Review Permitting in Region 9. 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 the EPA Region 9 address above. Due to building security procedures, please call Ya-Ting Tsai at (415) 972-3328 at least 24 hours in advance to arrange a visit. Ya-Ting Tsai can also be reached through the EPA Region 9’s toll-free general information line at (866) 372-9378.
In accordance with 40 CFR 49.159, within 30 days after the EPA’s final permit decision has been issued, any person who filed comments on the proposed permit or participated in the public hearing may petition the 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, unless a later date is specified in that notice. 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 we deny or issue a final permit and agency review procedures are exhausted. A final permit decision will be issued by the EPA following an appeal to the EAB as specified in 40 CFR 49.159(d)(8).
Since no comments were received for the draft permit, the final permit for Red Hawk Casino shall become effective immediately after the service of notice of the final permit decision, unless a petition for review is properly and timely filed with the EAB per 40 CFR 49.159(d).
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter. ***