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.

This notice is to provide the public an opportunity to comment on the Morongo Band of Mission Indians (Tribe) Water Quality Standards. In April 2018, the Tribe was authorized by the U.S. Environmental Protection Agency (U.S. EPA), to administer water quality standards and certification programs under the Clean Water Act for all waters within the exterior boundaries of the Tribe’s Reservation or otherwise subject to the Tribe’s jurisdiction.

Background

The Tribe’s Environmental Protection Department worked closely with the U.S. EPA to develop Water Quality Standards. These standards will be adopted through incorporation into the Tribe’s Ordinance 39 Surface Water Quality Protection Ordinance. This Ordinance was approved by Tribal Council on March 15, 2018. The purpose of this Ordinance is to carry out the provisions of the Morongo Environmental Protection Ordinance, Section IV(C)(1), to protect surface water quality on the Reservation. Carrying out this purpose includes, among other things, protecting the health, safety and welfare of Tribal members and all other persons within the boundaries of the Reservation; preventing the deterioration of water quality and other natural resources resulting from surface water pollution; and protecting the cultural, social and economic stability of the Reservation.

Per the Water Quality Standards Regulation at 40 CFR 131, the Tribe is required to hold a public hearing to solicit public input on these Water Quality Standards prior to submission for U.S. EPA approval.

Public Comment Opportunity

The Tribe is formally soliciting public input on Water Quality Standards prior to formal tribal adoption and U.S. EPA submittal of the current document. Ordinance 39 Surface Water Quality Protection Ordinance with incorporated Water Quality Standards may be viewed at https://morongonation.org/environmental/tribal-water/. You may also request a copy by contacting the Environmental Protection Department Tribal Water Program at [email protected] or (951) 755-5197.

Comments may be sent by email to [email protected] with the subject “WQS Comment Letter” or by mail to:

Comments will be accepted through November 26, 2021.

Public Hearing

A public hearing will be held on Wednesday October 27, 2021, 6:30 p.m. at the following address:

Morongo Band of Mission Indians
Community Center
13000 Malki Road
Banning, CA 92220

At the public hearing, commenters will be given an opportunity to make oral comments or to summarize previously submitted written materials. If you would like to provide oral comments, please submit your name to [email protected] with the subject “WQS Hearing Speaker.”

If you will need accessibility accommodations at the hearing, please contact the Environmental Protection Department Tribal Water Program at [email protected] or (951) 755-5197.

If deemed appropriate, the planned Oct. 27, 2021 public hearing may be converted into a virtual meeting in response to COVID-19. If this occurs, an advance notice and link to participate in the virtual meeting will be posted on the Morongo website at https://morongonation.org/environmental/tribal-water/.