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 San Manuel Casino (San Manuel or Facility), a gaming facility operated by the San Manuel Entertainment Authority, an instrumentality of a federally recognized Indian Tribe, the San Manuel Band of Mission Indians. The Facility, located at 777 San Manuel Blvd, Highland, CA 92346, currently operates five 1,620 and one 1,646 kilowatt (kW) non-emergency diesel engines, with a total electrical generating capacity of 9.7 megawatts. San Manuel also operates three 15 million British thermal units per hour (mmBtu/hr) natural gas boilers, two 1.4 mmBtu/hr natural gas water heaters and one 45 kW fire pump. The permit limits total emissions of oxides of nitrogen to 9.87 tons per year and total combined diesel fuel usage to 58,496 gallons per year and total combined natural gas usage to 59,242,546 standard cubic feet per year. The permit also includes applicable New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants.
The public comment period started on July 24, 2017 and ended on August 25, 2017. The only comments received were from the San Manuel Band of Mission Indians, which were submitted in a letter dated July 31, 2017. For EPA’s response to comments and other supporting information, please see Additional Information below.
The final permit and other supporting information, including the Technical Support Document and Response to Comments are available through www.regulations.gov (Docket: EPA-R09-OAR-2017-0269). The final permit, supporting information and the administrative record 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 at 75 Hawthorne Street, San Francisco, CA 94105-3901. Due to building security procedures, please call LaWeeda Ward at (213) 244-1812 at least 24 hours in advance to arrange a visit. LaWeeda Ward 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 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, 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). The final permit shall become effective 30 days from issuance if no petition is received by the EAB.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***