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Public Notice: San Manuel Casino, Highland, CA Draft Synthetic Minor New Source Review (NSR) Permit

How to Comment

Comments accepted through: 08/28/2020

All written comments or requests for a public hearing must be received or postmarked by August 28, 2020. Comments may be submitted via the following methods:

Regulations.gov Docket ID: EPA-R09-OAR-2020-0217 (alternate link)
E-mail: R9airpermits@epa.gov
Other: By contacting Sheila Tsai for other submission methods. See the Contact Information section below.

Any person may submit written comments on the draft permit and may request a public hearing during the public comment period. These comments must raise any reasonably ascertainable issue with supporting arguments by the close of the public comment period (including any public hearing). Please address comments with the subject “Comments on Draft Permit for San Manuel Casino.”

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 EPA through a 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 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 EPA, the e-mail address will be automatically captured and included as part of the public comment. Please note that an e-mail or postal address must be provided with comments if the commenter wishes to receive direct notification of 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.

Tribal New Source Review Actions in EPA's Pacific Southwest (Region 9)

Publish Date: 07/27/2020

Summary

The United States Environmental Protection Agency, Region 9 (EPA) provides notice of and requests public comment on EPA’s proposed action relating to the draft synthetic minor New Source Review (NSR) permit for the San Manuel Casino (“Source”). The Source is located at 777 San Manuel Boulevard, Highland, California 92346, within the San Manuel Reservation. EPA is proposing to issue this synthetic minor NSR permit to San Manuel Entertainment Authority. The contact for the Source is Clifford Batten, Environmental Manager, (909) 425-3590 x104311.

This draft permit, if finalized, will authorize the construction and operation of four boilers, six water heaters, and seven make-up air units, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). This permit action will also modify the existing synthetic minor limits to 9.85 ton per year (tpy) of NOx emissions and add additional synthetic minor limits on emissions of VOC and CO at 5.50 tpy and 17.13 tpy, respectively. More information on the emission changes and limitations associated with this draft permit can be found in Section 6 of the technical support document for this action.

Public Hearing

A public hearing has not been scheduled for the draft permit action. However, anyone may request a public hearing. Any request for a public hearing must be made in writing and state the nature of the issues proposed to be raised at the hearing. EPA will hold a hearing whenever there is, on the basis of requests, a significant degree of public interest in a draft NSR permit. EPA may also hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the synthetic minor NSR permit decision. EPA will provide notice at least 30 days in advance of the date and time of any scheduled public hearing. The 30-day public comment period will be extended to the close of any public hearing on the San Manuel Casino.

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 EPA’s final permit decision. 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 EPA’s Environmental Appeals Board (EAB) 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 may become effective immediately upon issuance.

Appeals to the Environmental Appeals Board

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. 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.

Contact Information

If you have questions, or if you wish to obtain further information, please contact Sheila Tsai at (415) 972-3328, via email at R9airpermits@epa.gov. 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 R9airpermits@epa.gov.

***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***

Applicant or Respondent

San Manuel Entertainment Authority
777 San Manuel Boulevard
Highland, CA 92346

Docket Numbers: