Public Notice: South Point Energy Center; Proposed Revisions to Prevention of Significant Deterioration (PSD) Permit
Summary
PSD Permit Application #2021-005-PSD
The United States Environmental Protection Agency, Region 9 (EPA) provides notice of, and requests public comment on, EPA’s proposed action relating to a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) permit application (Application) requesting a revision to the existing PSD permit issued to the South Point Energy Center, LLC (“Permittee”) for the South Point Energy Center (“Source”).
Proposed Action
The revised permit would authorize 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. EPA is proposing to issue this revised PSD permit to the Permittee.
This draft permit revision, if finalized, will authorize the thermal performance upgrades and operation of two existing combined cycle natural gas-fired combustion turbines, pursuant to the provisions of CAA sections 110(a), 165, 301(d) and the Code of Federal Regulations (CFR) title 40, sections 49.151-165 and 52.21.
Other permit revisions include the removal of a 3,000-hour annual operational limit on duct firing and power augmentation with steam for the two combustion turbines; a new exemption from annual testing in power augmentation with steam mode when that mode is used less than 15 hours per year; removal of an ammonia slip monitoring requirement; removal of requirements for an emergency generator that was never installed at the Source; removal of affirmative defense conditions; removal of exemptions from BACT emissions limitations during startup and shutdown of the turbines; and additional miscellaneous changes to the permit including updates to the general permit conditions, minor error corrections, and alignment of the permit’s terminology and condition order with those in the Source’s CAA title V permit.
As revised, the PSD permit’s annual facility-wide emissions limitations for sulfur dioxide (SO2) have been lowered, and those for nitrogen oxides (NOX), carbon monoxide (CO), particulate matter less than or equal to 10 micrometers (μm) in diameter (PM10), and volatile organic compounds (VOC) remain unchanged. More information on the emissions changes and limitations associated with this draft permit revision can be found in Sections 4 and 7 of the Fact Sheet for this action, and additional information concerning the permit revision application, EPA’s analysis supporting this draft permit revision, and the proposed revisions to the PSD permit may also be found in the Fact Sheet.
EPA’s action is considered an undertaking under Section 106 of the National Historic Preservation Act (NHPA) and the implementing regulations at 36 CFR Part 800. This action therefore triggers application of the Section 106 process. As a result of the findings of the Arizona State Historic Preservation Officer and the Director of the Aha Makav Cultural Society of the Fort Mojave Indian Tribe, EPA has determined the issuance of this PSD permit will not affect historic properties.
Public Hearing
A public hearing has not been scheduled for the draft permit action. However, during the public comment period, anyone may request a public hearing in accordance with one or more of the methods for submitting public comment described above. 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 if there is, on the basis of requests, a significant degree of public interest in the draft PSD permit revision. 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 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 this proposed permit action for the South Point Energy Center.
Availability of Documents
All information submitted by the Permittee is available as part of the public docket and administrative record. The draft permit prepared by EPA, the Fact Sheet for the draft permit revision, and all supporting materials are available for review by the public through the online docket listed above 24 hours per day or by contacting the permit writer at R9airpermits@epa.gov. More information about the NHPA process can be found at A Citizen's Guide to Section 106 Review (pdf).
Final Action
Before taking final action on the draft permit revision, 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:
- A later effective date is specified in the permit;
- The decision is appealed to EPA’s Environmental Appeals Board (EAB) pursuant to 40 CFR 124.19; 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 Environmental Appeals Board
In accordance with 40 CFR 124.19, within 30 days after service of notice of the final permit decision, any person who filed comments on the draft permit or participated in the public hearing may petition the Environmental Appeals Board (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 on the permit decision occurs when agency review procedures under 40 CFR 124.19 are exhausted and EPA Regional Administrator subsequently issues a final permit decision under 40 CFR 124.19(l).
Contact Information
If you have questions, or if you wish to obtain further information, please contact Catherine Valladolid at (415) 947-4103, via email at R9airpermits@epa.gov, or at U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
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 Catherine Valladolid at R9airpermits@epa.gov or visit EPA Region 9’s website at Public Notice Distribution List for CAA Permits in the Pacific Southwest (Region 9).
Catherine Valladolid can also be reached through 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
South Point Energy Center, LLC717 Texas Avenue
Suite 1000
Houston, TX 77002
United States