Summary
The United States Environmental Protection Agency, Region 9 (EPA) is issuing a Clean Air Act (CAA) Title V Operating Permit renewal to Desert View Power, LLC (DVP or “Source”), a biomass electrical generation facility located at 62-300 Gene Welmas Drive, Mecca, CA 92254, in the northern portion of the Cabazon Band of Mission Indians reservation land in Mecca, California. The contact for the Source is Jim Robertson, Plant Manager, (760) 262-1682.
In addition to the final Title V Operating Permit renewal, we are issuing administrative revisions to the facility’s Prevention of Significant Deterioration (PSD) permit that consolidate previous amendments to the permit and revise permit conditions for accuracy and clarity. These permit actions do not authorize the construction of new equipment nor allow increases in the Source’s potential to emit air pollutants. More information on the permit revisions can be found in Sections 7 through 9 of the Statement of Basis for this action.
Pubic Comment
The public comment period began on July 6, 2020 and ended on August 5, 2020. One set of public comments was received from DVP, and no requests for a public hearing were received. The comments submitted are generally administrative in nature and include requests to write other federally applicable requirements directly into the Title V Operating Permit Renewal.
Administrative Record
In accordance with 40 CFR 71.11(j), EPA prepared a response to comments document, which identifies provisions of the proposed permit that were changed and the reasons for the changes. This response to comments document, the final permits and all other supporting information are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2020-0266. If you are not able to access the administrative record through the online docket, please contact Laweeda Ward (ward.laweeda@epa.gov) by e-mail or (213) 244-1812. If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone.
Permit Appeal
In accordance with 40 CFR 71.11(l), and consistent with 40 CFR 124.19, within 30 days after a final permit decision has been issued, any person who filed comments on the draft 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 a prerequisite to seeking judicial review of the final agency action under Section 307(b) of the CAA. 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, the EPA will issue a final permit decision as specified in 40 CFR 71.11(l)(5). Information and instructions on submitting appeals to the EAB.
Permit Effective Date
The amended PSD permit will become effective 30 days after service of notice of the final permit decision. In accordance with 40 CFR 71.11 (l), the part 71 permit renewal becomes effective 30 days after permit issuance, unless a petition for review is filed with the EAB.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***