Announcement of Final Permit Decision to Issue a Clean Air Act Minor NSR Permit in Indian Country
Tribal Minor NSR Permit: T-0007-CA
The United States Environmental Protection Agency, Region 9 (EPA) is issuing its final decision to grant approval, in accordance with the Clean Air Act, for Laguna Reservoir Restoration Project by the Bureau of Reclamation (USBR). EPA is issuing a Minor New Source Review (NSR) Permit in Indian Country, authorizing the USBR to construct and operate booster pumps at Laguna Reservoir on the Fort Yuma Quechan Reservation. The proposed location for the Laguna Reservoir Restoration Project is on the Fort Yuma Quechan Reservation at Laguna Reservoir in Imperial County, CA.
The USBR Project consists of the installation of one primary booster pump connected to a cutter suction dredger and discharge pipe and the installation of one secondary booster pump that will only be used if the primary pump breaks down. The booster pumps will facilitate the transport of dredged material from the Reservoir to an existing upland dredge disposal site to restore the storage capacity of the reservoir. The emission increases in nitrogen oxides from this project lie above the Minor NSR threshold, meaning that the project requires a Minor NSR permit to operate. The Project is expected to last about two years.
During the public comment period, EPA received written comments. EPA has carefully reviewed each of the written comments submitted and, after consideration of the expressed views of all commenters, the pertinent federal statutes and regulations, and additional material relevant to the application and contained in our Administrative Record, EPA has made a decision, in accordance with 40 CFR 49.151-161, to issue a final Tribal Minor NSR permit to the USBR.
Key portions of the Administrative Record for this decision (including the final permit, all public comments, EPA’s responses to the public comments, and additional supporting information) are available at www.regulations.gov (search for: EPA-R09-OAR-2017-0163).
Copies of the final permit and EPA’s responses to the public comments, and the Administrative Record for this action, may also be viewed in person, Monday through Friday from 9:00 AM to 4:00 PM, at the EPA Region 9 address below. Due to building security procedures, please call please call Khoi Nguyen at (415) 947-4120 at least 48 hours in advance to arrange a visit. Hard copies of the final permit and EPA’s responses to the public comments are available upon request at the following:
Khoi Nguyen (AIR-3)
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3901
The contact information above may also be used to request copies of other portions of the administrative record for this action. Khoi Nguyen can also be reached through EPA Region 9’s toll-free general information line at (866) 372-9378.
Within 30 days after the service of notice announcing this final permit decision, any person who filed comments on the proposed permit for the USBR’s Laguna Reservoir Restoration Project may petition EPA’s Environmental Appeals Board (EAB) to review any condition of the final permit. Persons who did not file comments or participate in the public hearings may petition for administrative review of changes from the proposed to the final permit decision. The petition must include a statement of the reason(s) for requesting review by the EAB; a demonstration that any issues being raised were raised during the public comment period to the extent required by the regulations at 40 CFR 49.159(d); and when appropriate, a showing that the conditions in question are based on 1) a finding of fact or conclusion of law which is erroneous, or 2) an exercise of discretion or an important policy consideration which the EAB should, in its discretion, review. Please see 40 CFR 49.159(d) and visit EPA’s Environmental Appeals Board (EAB) for important information regarding the procedures for appeal of a Minor NSR Permit.
Since none of the received comments requested a change in the draft permit, EPA’s permit for the USBR’s Laguna Reservoir Restoration Project 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). In the event that a petition for review is filed with the EAB, construction of the facility is not authorized under this permit until resolution of the EAB petition(s).
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***