Summary
Announcement of Final Permit Decision to Issue a Minor Permit under the Clean Air Act Federal Indian Country Minor New Source Review Program.
Final Action
The United States Environmental Protection Agency, Region 9 (EPA) is issuing a minor New Source Review (NSR) permit for McKesson Corporation’s Chaparral Commerce Center (“Facility”). This permit authorizes the construction and operation of two emergency diesel-fired generators that will be operated intermittently for testing and maintenance, and during emergency situations, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). The generators will be installed in two buildings of an office complex, located at 5601 and 5701 North Pima Road, Scottsdale, Arizona 85250, on the tribal lands of the Salt River Pima-Maricopa Indian Community (SRPMIC). Since the draft permit, the EPA has made one change to the conditions proposed in the draft permit, to specify that operation of each engine for maintenance, testing, and required regulatory purposes shall not exceed 100 hours per calendar year, consistent with the federal New Source Performance Standards for stationary compression ignition internal combustion engines at 40 CFR 60.4211(f). The EPA has also corrected the final permit to delete language that was mistakenly included in the “Attachment B: Definitions” section of the permit. A red-line version of the final permit reflecting these changes is included in the docket for this action.
Public Comments
The public comment period started on December 15, 2017 and ended on January 24, 2018. No comments were received for this action. Accordingly, the permit will become effective immediately upon issuance.
Additional Information
The final permit and other supporting information, including the Technical Support Document, are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2017-0704. 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 EPA Region 9, located at 75 Hawthorne Street, San Francisco, CA 94105. Due to building security procedures, please call Khoi Nguyen at (415) 947-4120 at least 24 hours in advance to arrange a visit. Khoi Nguyen 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 a 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. A petition to the EAB is, under Section 307(b) of the CAA, 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. Following an appeal to the EAB, a final permit decision will be issued by the EPA as specified in 40 CFR 49.159(d)(8).
No comments were received on the draft permit, and the final permit for the Chaparral Commerce Center is effective immediately upon issuance, subject to any petition for review properly and timely filed with the EAB per 40 CFR 49.159(d) as described above.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***