Summary
The United States Environmental Protection Agency, Region 9 (EPA) is issuing a 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. The EPA is issuing 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 permit authorizes 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 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 emissions changes and limitations associated with the permit can be found in Sections 3.1 and 4.3, respectively, of the technical support document for this action.
Public Comments
The public comment period started on June 8, 2018 and ended on July 13, 2018. A public hearing was held on July 12, 2018 at the Ponderosa High School Library in Shingle Springs, California. The EPA has considered all comments received during the public comment period in making its final permit decision. The comments received and the EPA’s responses are available as part of the administrative record for this action.
Administrative Record
The final permit and all other supporting information are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2018-0385. 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 Lisa Beckham at (415) 972-3811 at least 24 hours in advance to arrange a visit. Lisa Beckham can also be reached through the EPA Region 9’s toll-free general information line at (866) 372-9378.
Permit Appeal
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 draft permit or participated in the 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 49.159(d)(8).
Permit Effective Date
This permit becomes effective 30 days from service of notice, unless review of the final permit is requested under 40 CFR 49.159(d), in which case the specific terms and conditions of the permit that are the subject of the request for review must be stayed.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***