Summary
Final Action: The United States Environmental Protection Agency, Region 9 (EPA) is issuing a minor New Source Review (NSR) permit for the Fort Mojave Smoke Shop (Facility). The Facility is located at 8501 S. Highway 95, Mojave Valley, Arizona 86440, within the Fort Mojave Indian Reservation. The EPA is issuing this minor NSR permit consistent with the EPA’s minor NSR regulations for Indian country (40 CFR 49.151-161) to Environmental Technology, Inc., 2541 E. University Drive, Phoenix, Arizona 85034. The contact for the permit applicant is William A. Vittal, (602) 499-6622.
This permit authorizes the construction and operation of a soil vapor extraction (SVE) system, which includes a catalytic oxidizer to reduce emissions of volatile organic compounds (VOCs). In 2013, the Facility discovered that leaking underground storage tanks had released an estimated 2,000 gallons of gasoline to soil and groundwater. The leaking tanks and approximately 60 cubic yards of contaminated soil were excavated and removed, and the SVE system will address remaining soil and groundwater contamination by extracting and processing soil vapor. Federal minor NSR review for the SVE system was required because the system’s potential to emit for VOCs, including certain hazardous air pollutants, is 12.6 tons per year (tpy). The permit requires the use of the catalytic oxidizer to reduce VOC emissions by at least 90 percent, to approximately 1.26 tons per year. In addition, the SVE system will emit low levels of particulate matter, sulfur dioxide, nitrogen oxides, and carbon monoxide. The EPA’s technical support document for this action provides more information about the SVE system, emissions, and the permit.
Public comments: The public comment period started on June 14, 2018 and ended on July 18, 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-2018-0394. 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; therefore, the final permit for the Fort Mojave Smoke Shop is effective immediately upon issuance.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***