Summary
Announcement of Final Permit Decision to issue a permit under the Clean Air Act Federal Indian Country Minor New Source Review Program and Prevention of Significant Deterioration Program.
Tribal Minor NSR Permit No.: C-2020-2
Tribal NSR Permit Application No.: 2019-008-MNSR; Source ID: 26
PSD Permit No.: NU 05-01
Final Action
The United States Environmental Protection Agency, Region 9 (EPA) is issuing a Clean Air Act Minor New Source Review (NSR) and Prevention of Significant Deterioration (PSD) permit for the McElmo Creek Unit Oil Production Facility (“MCU Facility”). The MCU Facility is an existing gas compression plant that is part of an oil and gas production operation and is located in Section 31, Township 40 South, Range 25 East within the Four Corners Area on the Navajo Nation Reservation near the town of Aneth, San Juan County, Utah. The MCU Facility is owned and operated by Elk Operating Services, LLC (EOS) in partnership with the Navajo Nation Oil and Gas Company. The contact for the MCU Facility is David L. Koskella, Chief Operating Officer, (303) 861-6255.
The permit authorizes the construction of the compressor expansion project at the MCU Facility. The compressor expansion project involves the construction and operation of four new electrically-driven compressors and a glycol dehydration unit (a glycol regenerator with a triethylene glycol reboiler and two associated contactor towers) at the MCU Facility. EOS will also be replacing some existing pipelines and supplementing or rerouting others at the MCU Facility and another site called the Area 4 Battery.
Public Comments
The public comment period started on January 30, 2020 and ended on March 9, 2020. The EPA received comments from two commenters. 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-2019-0409. Please contact Shaheerah Kelly for other methods of obtaining information related to this permit. Shaheerah Kelly can be reached at (415) 947-4156, R9AirPermits@epa.gov, or 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 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 Clean Air Act. 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 permit’s effectiveness will be stayed and construction cannot be authorized under this permit until agency review procedures are exhausted under 40 CFR 49.159(d) and the Regional Administrator subsequently issues a final permit.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***