The United States Environmental Protection Agency, Region 9 (EPA) provides notice of, and requests public comment on a proposed synthetic minor permit for use in Indian Country pursuant to the Clean Air Act (CAA) Federal Indian Country Minor New Source Review (NSR) program for new and modified minor sources, codified at 40 C.F.R. 49.151 through 49.165. The proposed 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. EPA proposes to limit 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 of 59,242,546 standard cubic feet per year. EPA’s proposed permit also includes applicable New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants.
The draft permit, supporting information, including the Technical Support Document and the administrative record for this draft permit, are available in public docket EPA-R09-OAR-2017-0269. The draft permit, supporting information and the administrative record for this draft 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 headquarter, 75 Hawthorne Street, San Francisco, CA 94105-3901. Due to building security procedures, please call La Weeda Ward at (213) 244-1812 at least 24 hours in advance to arrange a visit. La Weeda Ward can also be reached through EPA Region 9’s toll-free general information line at (866) 372-9378.
EPA’s proposed permit for the San Manuel Casino and the accompanying Technical Support Document are also available for review in hardcopy at the following location: Norman F. Feldheym Central Library, 555 W. 6th St. San Bernardino, CA 92410.
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. Comments submitted to EPA through U.S. Mail or any other 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 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 EPA’s final decision regarding the draft synthetic minor permit following the public comment period. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit Commenting on EPA Dockets.
EPA’s Final Action on the Proposed Permit
Before issuing a final decision on the proposed permit, EPA will consider all written comments submitted during the public comment period. 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. EPA will summarize the contents of all substantive comments and provide written responses in a document accompanying EPA’s final permit decision.
- A later date is specified in the permit, or
- Review of the final permit decision by EPA’s Environmental Appeals Board (EAB) is requested under 40 CFR 49.159(d); or
- EPA elects to make the permit effective immediately upon issuance if no comments request a change in the draft permit or a denial of the permit.
In accordance with 40 CFR 49.159, within 30 days after 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 EPA following an appeal to the EAB as specified in 40 CFR 49.159(d)(8).
If you have questions, or if you wish to obtain further information, please contact La Weeda Ward at (213) 244-1812, toll-free at (866) 372-9378, via email at R9airpermits@epa.gov, or at the 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 La Weeda Ward, or visit EPA Region 9's website at Tribal Minor New Source Review Permitting in Region 9.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter. ***