Public Notice: Draft Initial Clean Air Act Part 71 Operating Permit in Indian Country; Cache Creek Casino Resort, Brooks, CA

Draft Initial Clean Air Act Part 71 Operating Permit in Indian Country; Cache Creek Casino Resort, Brooks, CA
How to Comment
Comments Due

Request for Public Comment: All written comments or requests for a public hearing must be received or postmarked by October 15, 2026. Comments may be submitted via the following methods:

Online: www.regulations.gov
Docket ID: EPA-R09-OAR-2021-0864
E-mail: R9airpermits@epa.gov
Other: By contacting Noelle Mushro for other submission methods. See the Contact Information section below.

During the public comment period, any person may submit written comments on the draft permit and our finding under section 106 of the National Historic Preservation Act, and may request a public hearing. 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 Cache Creek Casino Resort.”

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.

Publish Date

Summary

Announcement of Draft Permit and Request for Public Comment on Draft Initial Clean Air Act Part 71 Operating Permit in Indian Country for Cache Creek Casino Resort, Brooks, California. Clean Air Act Title V Permit Application # 2021-012-TV.

Proposed Action

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 initial Clean Air Act (CAA) title V operating permit for the Cache Creek Casino Resort (“Source”). The Source is located at 14455 State Highway 16 near Brooks, California 95606 on Tribal land of the Yocha Dehe Wintun Nation. EPA is proposing to issue this initial CAA title V permit to the Yocha Dehe Wintun Nation. The contact for the Source is Sarah Morgan (telephone number: (530) 796-0106).

This draft permit, if finalized, will be the initial title V operating permit at the Source, consistent with the title V federal operating permit program regulations (40 CFR Part 71). The Source is a gaming facility and destination resort managed by the Yocha Dehe Wintun Nation. This draft permit, if finalized, will not result in emissions changes for any criteria pollutant or hazardous air pollutant. More information on the emissions inventory associated with this draft permit can be found in Section 4 of the statement of basis for this action.

Draft Permit Review

The draft permit prepared by EPA, the statement of basis for the draft permit, and all supporting materials are available for review by the public through the online docket listed above, by contacting the permit writer at R9airpermits@epa.gov, or at the following location(s):

  1. At the US EPA Region 9 office at 75 Hawthorne St, San Francisco, CA 94105, Monday through Friday, from 9:00 a.m. until 4:00 p.m., excluding federal holidays. Due to building security procedures, please call Noelle Mushro at (415) 972-3987 at least 48 hours in advance to arrange a visit.
  2. You can also access the online docket at public locations near you with internet access, including the Esparto Regional Library (see website below for hours of operation):

Address: 17065 Yolo Avenue, Esparto, CA 95627
Phone: (530) 666-8005
Website: https://yolocountylibrary.org/locations/esparto/

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 title V 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 title V 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 Cache Creek Casino Resort.

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 provided 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 71.11(l); 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 (EAB)

In accordance with 40 CFR 71.11(l), 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 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 Noelle Mushro at (415) 972-3987, or via email at R9airpermits@epa.gov. If you would like to be added to our notification 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.*** 

Docket Numbers

Permit Number
Permit Application #2021-012-TV

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Last updated on September 15, 2026