Summary
Final Action
The United States Environmental Protection Agency, Region 9 (EPA) is issuing a synthetic minor New Source Review (NSR) permit for the Morongo Casino Cogeneration Facility (“Source”). The Source is located at 49500 Seminole Drive, Cabazon, California 92230, within the Morongo Band of Mission Indians Reservation. EPA is issuing this synthetic minor NSR permit to Morongo Band of Mission Indians, 12700 Pumarra Road, Banning, California 92220. The contact for the Source is Dana Morey, (951) 755-5198.
The Source is an 8.4 megawatt (MW) cogeneration facility used to power the Morongo Casino Resort & Spa in Banning, California. The Source was constructed in 2004 and currently complies with a title V permit to operate (MO-ROP 15-01) with federally enforceable emission limits. This final permit decision will (1) continue to ensure the casino is a minor source by establishing practically enforceable limits on the existing operations; (2) add a new emergency generator; and (3) terminate the Source’s existing title V permit. The source is accepting a synthetic minor limit of 24.9 tons per year of NOx to avoid title V major source operating permit program requirements. More information on the emission changes and limitations associated with this draft permit can be found in Section 5 of the technical support document for this action.
Public Comments
The public comment period started on February 14, 2020 and ended on March 18, 2020. One comment was received. EPA has considered all comments received during the public comment period in making its final permit decision. The comments received and 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-2019-0533. If you are not able to access the administrative record through the online docket, please call Sheila Tsai at (415) 972-3328 to obtain a hardcopy. Sheila Tsai can also be reached through 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 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, 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.***