The United States Environmental Protection Agency (EPA) has issued a new synthetic minor New Source Review (NSR) permit for the cogeneration facility powering the Morongo Casino Resort & Spa, located at 49500 Seminole Drive, Cabazon, California 92230, on the Morongo Band of Mission Indians Reservation. This permit replaces the existing Title V operating permit and aims to ensure the facility remains a minor source of emissions under the Clean Air Act.
The 8.4 megawatt (MW) cogeneration facility provides power to the Morongo Casino Resort & Spa. Built in 2004, the facility has operated under a Title V permit (MO-ROP 15-01) with federally enforceable emission limits. This new permit will establish practically enforceable limits on current operations, incorporate a new emergency generator, and ultimately terminate the previous Title V permit. A key aspect of the new permit is the acceptance of a synthetic minor limit of 24.9 tons per year of nitrogen oxides (NOx) emissions, allowing the facility to avoid the more stringent requirements of a major source operating permit under Title V.
The EPA’s decision to issue the permit followed a public comment period from February 14, 2020, to March 18, 2020. One comment was received and considered by the EPA in its final decision. All comments and the EPA’s responses are included in the administrative record for this action. This record, along with the final permit and supporting documentation, is accessible online via www.regulations.gov under Docket ID No. EPA-R09-OAR-2019-0533. For those unable to access the online docket, a hard copy can be obtained by contacting Sheila Tsai at (415) 972-3328 or through the EPA Region 9’s general information line at (866) 372-9378.
The permit allows for appeals within 30 days of its issuance. Any individual who submitted comments during the public comment period or participated in a public hearing may petition the Environmental Appeals Board (EAB) to review specific conditions of the permit. Those who did not participate in the public comment period can only petition if changes between the draft and final permit, or other new grounds for appeal, were not reasonably apparent during the initial comment period. Filing a petition with the EAB is a prerequisite for seeking judicial review of the final agency action under Section 307(b) of the Clean Air Act.
This permit will take effect 30 days after the notice is served, unless a review is requested under 40 CFR 49.159(d). If a review is requested, the specific terms under review will be stayed pending the outcome of the appeal process. Following any appeal to the EAB, the EPA will issue a final permit decision as outlined in 40 CFR 49.159(d)(8).