Summary
Announcement of Final Permit Decision to issue a Minor Permit under the Clean Air Act Federal Indian Country Minor New Source Review Program
Final Action
EPA is issuing a minor New Source Review (NSR) permit for the Tule River Waste Water Treatment Plant (Tule River WWTP or “Facility”). There are no changes in permit conditions from the draft to the final permit. This permit authorizes operation of a diesel-fired engine used to power an emergency-standby electrical generator that is operated intermittently for maintenance or emergency situations at the Tule River WWTP, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). The engine is located on the Tule River Reservation in Tulare County, California. The engine was previously permitted by the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD). Since the SJVAPCD permit was issued, the land where the Facility is located has been transferred into trust for the Tribe, and the Facility is now subject to federal jurisdiction and EPA Clean Air Act (CAA) permitting authority. Accordingly, the minor NSR permit transfers preconstruction requirements from the Facility’s preconstruction permit into an EPA-issued permit. The permit does not authorize any construction of new emission units or emission increases from existing units, and does not authorize any other physical or operational change at the Facility.
Public Comments
The public comment period started on November 1, 2017 and ended on December 4, 2017. No comments were received for this action.
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-2017-0596. 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 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. As noted above, there are no changes in permit conditions from the draft to the final permit. 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 an appeal to the EAB, a final permit decision will be issued by the EPA as specified in 40 CFR 49.159(d)(8).
Since no comments were received for the draft permit, the final permit for the Tule River WWTP shall become effective immediately after the service of notice of the final permit decision, unless a petition for review is properly and timely filed with the EAB per 40 CFR 49.159(d).
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter. ***