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Public Notice: Express Fuel Draft Permit; Public Hearing and Request for Public Comment Under the Tribal Minor NSR Program

How to Comment

Comments accepted through: 07/13/2018

How to Comment

Any person may submit written comments on the draft permit and may request a public hearing during the public comment period. As detailed, a public hearing has already been scheduled for this action. These comments must raise any reasonably ascertainable issue with supporting arguments by the close of the public comment period. We recommend comments sent by email or U.S. mail use “Comments on Draft Permit for Express Fuel” in the subject line.

Comments may be submitted via the following methods:
Online: www.regulations.gov, Docket ID: EPA-R09-OAR-2018-0385

Email: R9airpermits@epa.gov

U.S. Mail:
Lisa Beckham (AIR-3)
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105-3901

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 email address will be automatically captured and included as part of the public comment. Please note that an email 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 permit following the public comment period. For information about CBI or multimedia submissions and general guidance on making effective comments, please visit Commenting on EPA Dockets.

Publish Date: 06/08/2018

Summary

The U.S. Environmental Protection Agency, Region 9 (EPA) provides notice of and requests public comment on the EPA’s draft permit action relating to the draft minor New Source Review (NSR) permit for Express Fuel (“Source”). The Source is located at 3920 Shingle Springs Drive, Shingle Springs, California, within trust land of the Shingle Springs Band of Miwok Indians. EPA is proposing to issue this minor NSR permit to the Shingle Springs Band of Miwok Indians Development Corporation, P.O. Box 1340, Shingle Springs, California. The Source operator is Tim Adams, (530) 698-1400.

This draft permit, if finalized, will authorize the construction and operation of a gasoline dispensing facility, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). The Source will include: 2 underground storage tanks for gasoline, 1 underground storage tank for diesel, 3 gasoline dispensers, 3 gasoline/diesel dispensers, 1 diesel dispenser for heavy duty trucks, and a 324-horsepower diesel-fired emergency generator. The draft permit limits the emissions from the Source by requiring Stage I and Stage II vapor recovery controls and by requiring the emergency generator to use an EPA-certified engine. This action will result in emissions increases of the following pollutants: 0.19 tons per year (tpy) of carbon monoxide (CO), 0.34 tpy of nitrogen oxides (NORXR), 0.01 tpy of particulate matter (PM), 0.01 tpy of PM less than or equal to 10 µm in diameter (PMR10R), 0.01 tpy of PM less than or equal to 2.5 µm in diameter (PMR2.5R), less than 0.01 tpy of sulfur dioxide, and 2.45 tpy of volatile organic compounds (VOC). More information on the emission changes and limitations associated with this draft permit can be found in Sections 3.1 and 4.3, respectively, of the technical support document for this action.

The draft permit action also includes our proposed decision under section 106 of the National Historic Preservation Act that the issuance of this minor NSR permit will have no effect on historic properties.

Draft Permit Review

A copy of the draft permit prepared by the EPA, the technical support document for the draft permit, and all supporting materials are available for review by the public through the online docket listed below. If you have trouble accessing materials please contact Lisa Beckham at R9airpermits@epa.gov.

Additionally, key documents (such as the draft permit and our technical support document) may also be viewed in person at the following locations:

  1. El Dorado County Library, Cameron Park Branch
    Address: 2500 Country Club Drive, Cameron Park, California
    Phone: (530) 621-5500
    Hours: Monday, Wednesday, Friday 10:00 a.m. to 5:00 p.m.; Tuesday, Thursday 12:00 p.m. to 7:00 p.m., Saturday 10:00 a.m. to 3:00 p.m., closed Sundays
  2. U.S. EPA Region 9 office (at address above)
    Hours: Monday through Friday, from 9:00 a.m. until 4:00 p.m., excluding federal holidays.
    Due to building security procedures, please call Lisa Beckham at (415) 972-3811) at least 48 hours in advance to arrange a visit.

Public Hearing

A public hearing has been scheduled for the draft permit action to provide the public with further opportunity to comment on the draft permit and technical support document. At the public hearing, any interested person may provide written comments or oral comments, and relevant data pertaining to our draft permit action. Reasonable limits may be set upon the time allowed for oral statements at the hearing. EPA will also make a transcript of the public hearing proceedings available to the public.

The date, time, and location of the public hearing is as follows:
Date: July 12, 2018
Time: 6:00 p.m. to 7:00 p.m.
Location: Ponderosa High School Library, 3661 Ponderosa Road Shingle Springs, CA

If you require a reasonable accommodation, please contact Philip Kum (kum.philip@epa.gov), EPA Region 9 Reasonable Accommodations Coordinator, by June 28, 2018 at (415) 947-3566.

Final Action

Before taking final action on the draft 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 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 permit;
  2. The decision is appealed to the EPA’s Environmental Appeals Board pursuant to 40 CFR 49.159(d); or
  3. There are no comments requesting a change to the draft permit decision, in which case the final decision shall become effective immediately upon issuance.

Appeals to the Environmental Appeals Board (EAB)

In accordance with 40 CFR 49.159, within 30 days after a 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. The 30-day period within which a person may request review under this section begins when the Region has fulfilled the notice requirements for the final permit decision. 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 EPA denies or issues a final permit and agency review procedures are exhausted.

Additional Information

If you have questions, or if you wish to obtain further information, please contact Lisa Beckham at (415) 972-3811, via email at R9airpermits@epa.gov, or at EPA 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 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

Shingle Springs Band of Miwok Indians Development Corporation
P.O. Box 1340
Shingle Springs, CA 95682

Docket Number: