Public Notice: Graton Resort and Casino Tribal Minor NSR Permit Application #2021-003-MSNR
The United States Environmental Protection Agency, Region 9 (EPA) provides notice of and requests public comment on the EPA’s proposed action relating to the draft minor New Source Review (NSR) permit for the Graton Resort and Casino (“Source”). The Source is located at 630 Park Court, Rohnert Park, California 94928 within the Graton Rancheria. The EPA is proposing to issue this minor NSR permit to the Federated Indians of Graton Rancheria, 6400 Redwood Drive, Suite 300, Rohnert Park, CA 94928. The contact for the Source is Ernie Aranaga, (707) 588-7075.
This draft permit, if finalized, will authorize the construction and operation of two diesel-fired emergency engine-generators and two diesel storage tanks, consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). The Source is a resort and casino with existing emergency engine-generators and boilers that emits regulated air pollutants. This project will increase emissions of air pollutants as follows: 0.8 tpy of Volatile Organic Compounds (VOC), 13.23 tpy of Nitrogen Oxides (NOx), 7.23 tpy of Carbon Monoxide (CO), 0.01 tpy of Sulfur Dioxide (SO2), 0.41 tpy of Particulate Matter less than 10 microns in diameter (PM10) and Particulate Matter less than 2.5 microns in diameter (PM2.5), and less than 0.01 tpy of total and single Hazardous Air Pollutants (HAP). Additionally, emissions of NOX warranted further review and we evaluated the chosen NOX control technologies to ensure they are sufficient and ensured NOX emissions will not adversely impact air quality. The two additional emergency engine-generators are to provide full back-up power capacity during peak loads in the event of a power outage. They are not anticipated to be operated outside of routine maintenance, which is each limited to 50 hours in a calendar year. More information on the emission changes and limitations associated with this draft permit can be found in Section 7 of the technical support document for this action.
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. The EPA will hold a hearing whenever there is, on the basis of requests, a significant degree of public interest in a draft minor NSR permit. The 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 minor NSR permit decision. The 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 Graton Resort and Casino.
Before taking final action on the draft permit, the EPA will consider all written comments submitted during the public comment period. The 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. The EPA will summarize the contents of all substantive comments and provide written responses in a document accompanying the EPA’s final permit decision. The EPA’s final permit decision will become effective 30 days after the service of notice of the decision unless:
- A later effective date is specified in the permit;
- The decision is appealed to the EPA’s Environmental Appeals Board (EAB) pursuant to 40 CFR 49.159(d); or
- 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 EAB
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 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 the EPA denies or issues a final permit and agency review procedures are exhausted.
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 notification list to receive future information about this draft permit decision or other permit decisions issued by EPA Region 9, please contact the EPA at R9airpermits@epa.gov.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***
Applicants or RespondentsFederated Indians of Graton Rancheria
6400 Redwood Drive
Rohnert Park, CA 94928