Public Notice: Final Decision; South Point Energy Center - Revisions to Prevention of Significant Deterioration (PSD) Permit

Summary

Final Action

The United States Environmental Protection Agency, Region 9 (EPA) is issuing a final decision to issue, in accordance with the Clean Air Act (CAA), a revised Prevention of Significant Deterioration (PSD) permit to the South Point Energy Center, LLC (“Permittee”) for the South Point Energy Center (“Source”). The revised permit authorizes the modification and operation of two existing combined cycle natural gas-fired combustion turbine generators and incorporates additional PSD permit revisions determined necessary and appropriate. The address for the Permittee is 717 Texas Avenue, Suite 1000, Houston, Texas 77002. The Source is located at 3779 Courtwright Road, Mohave Valley, Arizona 86440, within the Fort Mojave Indian Reservation.

Public Comments

The public comment period started on June 21, 2024, and ended on July 22, 2024. The comment period was then reopened on September 19, 2024, and closed on October 31, 2024. A public hearing was held on October 24, 2024.

During the public comment period and public hearing that the EPA held to receive public comment on the EPA’s proposed decision to approve the PSD permit application for the Project, the EPA received written comments. The EPA has carefully reviewed each of the written comments submitted and, after consideration of the expressed views of all commenters, the pertinent Federal statutes and regulations, and additional material relevant to the application and contained in our Administrative Record, the EPA has made a decision, in accordance with 40 CFR 52.21 to issue a final revised PSD permit to the Permittee.

Administrative Record

The Administrative Record for this decision (including the final permit, all public comments, the EPA’s responses to the public comments, and additional supporting information) is available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2021-0526. 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 copy. Catherine Valladolid can also be reached via email at [email protected].

Permit Appeal

In accordance with 40 CFR 124.19, within 30 days after service of notice of this final permit decision, any person who filed comments on the draft permit or participated in the public hearing may petition the EPA’s Environmental Appeals Board (EAB) to review any condition of the permit decision. Persons who did not file comments or participate in the public hearings may petition for administrative review only to the extent of changes from the draft to the final permit decision. The petition must include a statement of the reason(s) for requesting review by the EAB, including a demonstration that any issues being raised were raised during the public comment period to the extent required by the regulations at 40 CFR Part 124 and when appropriate, a showing that the conditions in question are based on 1) a finding of fact or conclusion of law which is erroneous, or 2) an exercise of discretion or an important policy consideration which the EAB should, in its discretion, review. Please see 40 CFR 124.19 and visit EPA's Environmental Appeals Board (EAB) for important information regarding the procedures for appeal of a PSD permit decision to the EAB.

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 on the permit decision occurs when agency review procedures under 40 CFR 124.19 are exhausted and the EPA Regional Administrator subsequently issues a final permit decision under 40 CFR 124.19(l).

Effective Date

The EPA’s permit for the Project shall become effective 30 days after the service of notice of the final permit decision, unless a petition for review is properly and timely filed with the EAB per 40 CFR 124.19. If a petition for review is filed with the EAB, construction is not authorized under this permit until resolution of the EAB petition(s). See CAA section 165(a); 40 CFR 124.15(b), 124.19(l)(1)-(2).

Contact Information

If you have questions, or if you wish to obtain further information, please contact Catherine Valladolid by telephone at (415) 947-4103, via email at [email protected], or by mail at U.S. EPA Region 9, 75 Hawthorne Street, AIR 3-1, San Francisco, CA 94105. If you would like to be added to our notification list to receive future information about other permit decisions issued by the EPA Region 9, please contact Catherine Valladolid at [email protected] or visit EPA Region 9’s website, Public Notice Distribution List for CAA Permits in the Pacific Southwest (Region 9). Catherine Valladolid can also be reached through the EPA Region 9’s toll-free general information line at (866) 372-9378.

***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***

Applicants or Respondents

Docket Numbers

• EPA-R09-OAR-2021-0526