Public Notice: Final Permit Decision to Issue a Permit under the Clean Air Act

Announcement of Final Permit Decision to Issue a Permit under the Clean Air Act Federal Indian Country Minor New Source Review Program

Morongo Travel Center
Source ID #: 63; Application # 2021-001-MNSR

Permit: 2021-001-MNSR

Final Action: The United States Environmental Protection Agency, Region 9 (EPA) is issuing a minor New Source Review (NSR) permit for the Morongo Travel Center (“Source”). The Source is located at 48540 Morongo Trail, Cabazon, California 92230, within the Morongo Indian Reservation. TheEPA is issuing this minor NSR permit tothe Morongo Band of Mission Indians, 12700 Pumarra Road, Banning, California, 92220. The contact for the Source is Dana Morey, Environmental Manager, (951) 755-5198.

This final permit decision will authorize the construction and operation of a gasoline dispensing facility (GDF), consistent with the minor NSR regulations for Indian country (40 CFR 49.151-161). The gasoline dispensing facility will dispense both diesel and octane gasoline. It will include 22 fuel dispensers, six underground storage tanks, and a convenience store. This project will increase emissions of air pollutants as follows: 12.27 tons per year (tpy) of volatile organic compounds (VOC). More information on the emission limitations associated with this permit can be found in Section 5 of the technical support document for this action.

Public comments: The public comment period started on August 4, 2021 and ended on September 7, 2021. No comments were received.

Administrative Record: The final permit and all other supporting information are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2021-0043. If you are not able to access the administrative record through the online docket, please call Catherine Valladolid at (415) 947-4103 to obtain a hardcopy. Catherine Valladolid can also be reached through the EPA Region 9’s toll-free general information line at (866) 372-9378.

Permit Appeal: 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 a 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. 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 a prerequisite to seeking judicial review of the final agency action under Section 307(b) of the CAA. 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 appeal to the EAB, the EPA will issue a final permit decision as specified in 40 CFR 49.159(d)(8).

Permit Effective Date: This permit becomes effective immediately upon issuance, unless review of the final permit is requested under 40 CFR 49.159(d), in which case, the permit’s effectiveness will be stayed and construction cannot be authorized under this permit until agency review procedures are exhausted under 40 CFR 49.159(d) and the Regional Administrator subsequently issues a final permit.