RE: Expired 4 mw Facility Permit, S

Dear Air Pollution Control Officer Rick Simon;

The Title V permit that the Shasta County Department of Resource Management lAir Quality

Management District (District) issued Sierra Pacific Industries Anderson,CA facility expired on Dec. 12

20 12.Your agency stated: “According to District rule 5, the District must issue a renewed permit no later than

18 months after an application is deemed àomplete. Therefore, the renewal deadline becomes January

19,2013.”

According to EPA Title V guidelines, and District rules ofyour agency, a permit must be issued within

18 months after an application is deemed complete.

We could not locate any district, state or federal law that substantiated the assertion that although the

permit had gone past the 28 months, it can remain in force indefinitely.

“Therefore, the current Title V permit will remain in force until this

renewal process becomes complete.”

What else could you do when your supervising agency (EPA Region 9) prevented your attempts to

renew the permit before it expired?

uThe permitting process for the new cogeneration plant has not

been completed by the EPA. As a result this Title V permifting

action has been slowed and will not be complete by the January 19,

2013 deadline.’ 1

It was the intent of EPA Region 9, under Air Director Deborah Jordon’s management, to ‘modify’ the

existing 4 mw facility’s sawmill permit to allow the construction of a new source of emissions (31mw

cogeneration plant) next door to the existing 4 mw sawmilL This ‘modification’ would allow the

existing 4mw sawmill and the new proposed source of emissions (the 31 mw facility) to operate on the

same license.

EPA Region 9 could not complete the paperwork for this scheme in time for your agency to renew the

existing 4mw permit. Rather, EPA Region 9 is still proceeding as ifthe expired 4 mw permit your

ascncy had initially authorized will somehow be resurrected by your agency when they order you to

complete it.

Page 1
Once EPA 

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deaWine, it expired.

Expired: stop, finish, end, pass on, depart, perish, die. “Webster’s New World ThesaurusThe 4mw facility is operating without a permit because ofthe oversight failures ofDeborah Jordon,

Air Director for EPA Region 9.

For this existing 4 mw facility to operate within the law again, a new perirlitting process must be

conducted. Since EPA Region 9 revoked your authority to issue new permits, the process and any final

permit issuance must come from Region 9.We are concerned that EPA Region 9 may be attempting to take advantage of your agency.

EPA Region 9 asked your agency to conduct the environmental review for the new 31. mw project. By

requesting you to ‘modify’ Shasta County’s 4 mw sawmill permit to authorize construction of a new

stationary source of pollution, they asked the district to commit violations ofthe Clean Air Act. Was

this an effort to shift legal liability from EPA Region 9 to Shasta County Resource Management?

In the Nov. 8th, 2013 EPA Region 9 public notice, it states: “IfEPA issues a final decision granting the

PSD permit modifications, and there is no appeal, construction of the modification may commence

EPA is still attempting to use the (now expired) 4 mw permit your agency issued for the existing Sierra

Pacific facility as the basis for the construction of a new (31 mw) major emission source.

IfEPARegion 9 Air Director Deborah Jordan is successful in this endeavor 1the next step is for her

office to pressure your agency to “reneW’ the non-existent permit for the 4 niw facility. EPA plans to

issue permission to construct a 31 mw facility on an expired permit before renewing the 4 mw permit.

This 4 mw permit is for a facility that was designated by EPA itselfto be ‘significantly out of

compliance’ the entire 5 years the permit was in existence. By attempting to force your agency to

participate in this paperwork scheme, EPA Region 9, as your supervising agency, has abused its

authority over Shasta County.It is our intention to appeal EPA Region 9’s upcoming decision.

If EPA Region 9 continues on this path, they will attempt to force your agency to ‘renew 1the expired 4

mw permit You have the right to protect your agency. Let them accept responsibility for their own

decisions. It is reasonable to assert that once EPA Region 9 delayed the permit beyond the 18 month

deadline, it became invalid. According to EP4, you no longer have any authority to issue new permits.

When EPA Region 9 asks your agency to ‘renew’ a non-existent permit, we urge you to politely decline,Page 2
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(530) 223-0197

CC: Kevin Bundy, Center for Biological Diversity

Shasta County Board of SupervisorsBedding City Council

Anderson City Council *

Shasta Lake City Council

Damon Arthur, Record Searchlight

Steve Gibson 1KQMS Radio

Inspector General ArthurA. Elkins, Jr.,Offlce of the Inspector General

Deborah Jordon, Air Director EPA,Region 9

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US.

Dear Deborah Jordan;

Citizens For Clean Air asserts that it will be difficult for members of our community to come to the

public meeting your office has scheduled for December 10, 2013. Holding this important meeting two

weeks before Christmas places an undue burden on our friends and neighbors. Can you see how this

timing choice sheds an unflattering light? It is contrary to EnvironmentalJustice Guidelines.

According to EPA Region 9’s November 8, 2013 PUBLIC NOTICE:

“... On July, 18, 2013, the EAB remanded the permit to EPA Region 9 because it determined that our

decision not to hold a public hearing prior to issuing the permit was contrary to applicable regulations

See In Re Sierra Pacc Industries, PSD Appeals Nos. 13-Cl to 13-04, slip op. At 87 (EAB July 18,

2013).”

If you feel the timing ofthis meeting is not inconvenient for the public, then it should not prevent your

attendance. Your office did schedule the hearing for December 10, 2013.

Sincerely,

Celeste Draisner

Media Affairs Specialist

Citizens For Clean Air

(530) 223-0197, citizensforc1eanair.redwoodsgmail.com

To promote attendance, we have booked Christmas Carolers.

Performances will be held at:4PM and 6PM (during the breaks)

Free sugar and persimmon cookies provided, B.Y.O.C. (Bring Your Own Coffee)

Public Meeting (Proposed Sierra Pacific 31MW biomass factory construction permit)

Date; December 10, 2013

Time: 4:30PM — 6:00 PM, 7:00PM — 9:00PM

Location: City ofAnderson Community Center

1887 Howard Street

Anderson, CA 96007

Question5 For EPA: (415) 947-4156, R9airermits@epppv

Permit Application: