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Public Notice: Tule River Waste Water Treatment Plant; Proposed Permit and Request for Public Comment on Proposed Minor NSR Permit in Indian Country

Publish Date: 11/01/2017


Tribal Minor NSR Permit: T-0008-CA

EPA Region 9 provides notice of and requests public comment on the EPA’s proposed action relating to the proposed minor New Source Review (NSR) permit for the Tule River Tribe’s Waste Water Treatment Plant (Tule River WWTP or “Facility”). This permit authorizes operation of a diesel-fired engine used to power an emergency-standby electrical generator that is operated intermittently for maintenance or emergency situations at the Tule River WWTP, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). The engine is located on the Tule River Reservation in Tulare County, California.

The engine was previously permitted by the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD). Since the SJVAPCD permit was issued, the land where the Facility is located has been transferred into trust for the Tribe, and the Facility is now subject to federal jurisdiction and EPA Clean Air Act permitting authority. Accordingly, the proposed minor NSR permit transfers preconstruction requirements from the Facility’s preconstruction permit into an EPA-issued permit. The permit does not authorize any construction of new emission units or emission increases from existing units, and does not authorize any other physical or operational change at the facility.

Additional Public Comment Information

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 general 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.

A public hearing has not been scheduled for the proposed 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 Tule River WWTP.

Before taking final action on the 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 decision; or
  2. The decision is appealed to the EPA’s Environmental Appeals Board pursuant to 40 CFR 124.19; or
  3. There are no comments requesting a change to the proposed permit decision, in which case the final decision shall become effective immediately upon issuance.

If you have questions, or if you wish to obtain further information, please contact Khoi Nguyen at (415) 947-4120, via email at R9airpermits@epa.gov, or at the mailing address at right. If you would like to be added to our mailing list to receive future information about this proposed permit decision or other permit decisions issued by EPA Region 9, please contact 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

Tule River Tribe
Tule River Reservation
Tulare County

Docket Number: 

Permit #: Tribal Minor NSR Permit: T-0008-CA