35540 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices 

Notice of this meeting is required under 

the Federal Advisory Committee Act 

(FACA), 5 U.S.C. App. 2. 

DATES: July 11, 2014, 9:00 a.m. to 12:00 

p.m. 

ADDRESSES: National Academy of 

Sciences (Lecture Room), 2101 

Constitution Avenue NW., Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: 

Information regarding the meeting 

agenda, time, location, and how to 

register for the meeting is available on 

the PCAST Web site at: http://

whitehouse.gov/ostp/pcast. A live video 

webcast and an archive of the webcast 

after the event are expected to be 

available at http://whitehouse.gov/ostp/ 

pcast. The archived video will be 

available within one week of the 

meeting. Questions about the meeting 

should be directed to Dr. Ashley Predith 

by email at: apredith@ostp.eop.gov, or 

telephone: (202) 456–4444. Please note 

that public seating for this meeting is 

limited and is available on a first-come, 

first-served basis. 

SUPPLEMENTARY INFORMATION: The 

President’s Council of Advisors on 

Science and Technology (PCAST) is an 

advisory group of the nation’s leading 

scientists and engineers, appointed by 

the President to augment the science 

and technology advice available to him 

from inside the White House, cabinet 

departments, and other Federal 

agencies. See the Executive Order at 

http://www.whitehouse.gov/ostp/pcast. 

PCAST is consulted about and provides 

analyses and recommendations 

concerning a wide range of issues where 

understandings from the domains of 

science, technology, and innovation 

may bear on the policy choices before 

the President. PCAST is co-chaired by 

Dr. John P. Holdren, Assistant to the 

President for Science and Technology, 

and Director, Office of Science and 

Technology Policy, Executive Office of 

the President, The White House; and Dr. 

Eric S. Lander, President, Broad 

Institute of the Massachusetts Institute 

of Technology and Harvard. 

Type of Meeting: Open and Closed. 

Proposed Schedule and Agenda: The 

President’s Council of Advisors on 

Science and Technology (PCAST) is 

scheduled to meet in open session on 

July 11, 2014 from 9:00 a.m. to 12:00 

p.m. 

Open Portion of Meeting: During this 

open meeting, PCAST is scheduled to 

discuss its work on antibiotic resistance 

and on nanotechnology. PCAST will 

also hear from speakers who will remark 

on oceans policy. Additional 

information and the agenda, including 

any changes that arise, will be posted at 

the PCAST Web site at: http://

whitehouse.gov/ostp/pcast. 

Closed Portion of the Meeting: PCAST 

may hold a closed meeting of 

approximately one hour with the 

President on July 11, 2014, which must 

take place in the White House for the 

President’s scheduling convenience and 

to maintain Secret Service protection. 

This meeting will be closed to the 

public because such portion of the 

meeting is likely to disclose matters that 

are to be kept secret in the interest of 

national defense or foreign policy under 

5 U.S.C. 552b(c)(1). 

Public Comments: It is the policy of 

the PCAST to accept written public 

comments of any length, and to 

accommodate oral public comments 

whenever possible. The PCAST expects 

that public statements presented at its 

meetings will not be repetitive of 

previously submitted oral or written 

statements. 

The public comment period for this 

meeting will take place on July 11, 2014 

at a time specified in the meeting 

agenda posted on the PCAST Web site 

at http://whitehouse.gov/ostp/pcast. 

This public comment period is designed 

only for substantive commentary on 

PCAST’s work, not for business 

marketing purposes. 

Oral Comments: To be considered for 

the public speaker list at the meeting, 

interested parties should register to 

speak at http://whitehouse.gov/ostp/

pcast, no later than 12:00 p.m. Eastern 

Time on July 3, 2014. Phone or email 

reservations will not be accepted. To 

accommodate as many speakers as 

possible, the time for public comments 

will be limited to two (2) minutes per 

person, with a total public comment 

period of up to 30 minutes. If more 

speakers register than there is space 

available on the agenda, PCAST will 

randomly select speakers from among 

those who applied. Those not selected 

to present oral comments may always 

file written comments with the 

committee. Speakers are requested to 

bring at least 25 copies of their oral 

comments for distribution to the PCAST 

members. 

Written Comments: Although written 

comments are accepted continuously, 

written comments should be submitted 

to PCAST no later than 12:00 p.m. 

Eastern Time on July 3, 2014 so that the 

comments may be made available to the 

PCAST members prior to this meeting 

for their consideration. Information 

regarding how to submit comments and 

documents to PCAST is available at 

http://whitehouse.gov/ostp/pcast in the 

section entitled ‘‘Connect with PCAST.’’ 

Please note that because PCAST 

operates under the provisions of FACA, 

all public comments and/or 

presentations will be treated as public 

documents and will be made available 

for public inspection, including being 

posted on the PCAST Web site. 

Meeting Accommodations: 

Individuals requiring special 

accommodation to access this public 

meeting should contact Dr. Ashley 

Predith at least ten business days prior 

to the meeting so that appropriate 

arrangements can be made. 

Issued in Washington, DC, on June 17, 

2014. 

LaTanya R. Butler, 

Deputy Committee Management Officer. 

[FR Doc. 2014–14582 Filed 6–20–14; 8:45 am] 

BILLING CODE 6504–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9912–59–Region–5: EPA–R05–OPPT– 

2014–0360] 

TSCA Sections 402(a), 402(c), and 

406(b) Program Authorization 

Application 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comments 

and opportunity for public hearing. 

SUMMARY: On May 19, 2014, the 

Environmental Protection Agency (EPA) 

determined that the Bois Forte Band of 

Chippewa (Bois Forte) had submitted a 

complete application under section 404 

of the Toxic Substances Control Act 

(TSCA) requesting authorization to 

administer and enforce the requirements 

for TSCA sections 402(a), 402(c), and 

406(b) in accordance with the 

provisions of TSCA for trust lands 

located within the exterior boundaries 

of the reservation. These programs 

ensure that: Individuals engaged in 

certain work that may disturb leadbased paint, including but not limited to 

abatement and renovation, are properly 

trained; that training programs are 

accredited; that contractors engaged in 

such activities are certified; that owners 

and occupants of target housing and/or 

child-occupied facilities are provided 

information concerning potential 

hazards of lead-based paint exposure 

before certain renovations are begun; 

and that the required work is performed 

in accordance with work practice 

standards. This notice announces 

receipt of the Bois Forte Band of 

Chippewa’s application and request for 

authorization to administer the program 

in lieu of the federal program. EPA has 

determined that the Bois Forte 

application is complete, and is now 


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Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices 35541 

providing a 45-day public comment 

period and opportunity to request a 

public hearing. 

DATES: Comments, identified by docket 

identification (ID) number EPA–R05– 

OPPT–2014–0360, must be received on 

or before August 7, 2014. In addition, a 

public hearing request must be 

submitted on or before July 8, 2014. 

ADDRESSES: Comments and requests for 

a public hearing may be submitted by 

mail, electronically, or in person. Please 

follow the detailed instructions for each 

method as provided in Unit I. of the 

SUPPLEMENTARY INFORMATION section in 

this notice. To ensure proper receipt by 

EPA, it is imperative that you identify 

docket ID number EPA–R05–OPPT– 

2014–0360 in the subject line on the 

first page of your response. 

FOR FURTHER INFORMATION CONTACT: 

Emma Avant, Land and Chemicals 

Division (LCD), Toxics Section, U.S. 

Environmental Protection Agency, 77 

W. Jackson Boulevard, Chicago, IL 

60604; telephone number: (312) 886– 

7899; email address: avant.emma@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. This action may, however, be 

specifically of interest to firms and 

individuals engaged in lead-based paint 

activities and/or renovation and 

remodeling activities involving pre-1978 

housing on the Bois Forte Reservation. 

Since other entities may also be 

interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How can I get additional information, 

including copies of this document or 

other related documents? 

1. Electronically. EPA has established 

an official record for this action under 

docket ID number EPA–R05–OPPT– 

2014–0360. The official record consists 

of the documents specifically referenced 

in this action, this notice, the Bois Forte 

TSCA program authorization 

application, any public comments 

received during an applicable comment 

period, and other information related to 

this action, including any information 

claimed as Confidential Business 

information (CBI). 

All documents in the official record 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the address 

listed below. 

2. In person: You may view this 

document and related documents by 

visiting the Bois Forte Tribal 

Government Environmental Services 

Office, 5344 Lakeshore Drive, P.O. Box 

16, Nett Lake, Minnesota 55772, contact 

telephone number (218) 757–3543, or 

EPA Region 5, 77 W. Jackson Boulevard, 

Chicago, Illinois 60604, contact 

telephone number (312) 886–7899. 

C. How and to whom do I submit 

comments? 

You may submit comments through 

the mail, in person, or electronically. To 

ensure proper receipt by EPA, it is 

imperative that you identify docket ID 

number EPA–R05–OPPT–2014–0360 in 

the subject line on the first page of your 

response. 

1. By mail: Submit your comments 

and hearing requests to: Emma Avant, 

LCD, Toxics Section, U.S. 

Environmental Protection Agency, 77 

W. Jackson Boulevard, Chicago, IL 

60604. 

2. By person or courier: Deliver your 

comments and hearing requests to: EPA 

Region 5, LCD, Toxics Section, 77 W. 

Jackson Blvd., Chicago, IL 60604. The 

Regional office is open from 8 a.m. to 5 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the regional office is (312) 886–6003. 

3. Electronically: You may submit 

your comments and hearing requests 

electronically by email to: avant.emma@

epa.gov or through http://

www.regulations.gov, or mail your 

computer disk to the address identified 

above. Do not submit any information 

electronically that you consider to be 

CBI. Electronic comments must be 

submitted as an ASCII file avoiding the 

use of special characters and any form 

of encryption. Comments and data will 

also be accepted on standard disks in 

Microsoft Word or ASCII file format. 

D. How should I handle CBI information 

that I want to submit to the agency? 

You may claim information that you 

submit to EPA in response to this 

document as CBI by marking any part or 

all of that information as CBI. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

version of the official record. 

Information not marked confidential 

will be included in the public version 

of the official record without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified 

under FOR FURTHER INFORMATION

CONTACT. 

E. What should I consider as I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments. 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternative ways to improve 

the notice or collection activity. 

7. Make sure to submit your 

comments by the deadline in this 

notice. 

8. To ensure proper receipt by EPA, 

identify the docket ID number assigned 

to this action in the subject line on the 

first page of your response. You may 

also provide the name, date, and 

Federal Register citation. 

II. Background 

A. What action is the agency taking? 

On July 14, 2010, the Bois Forte Band 

of Chippewa (Bois Forte or the Tribe), 

located in St. Louis and Koochiching 

Counties in Northern Minnesota, 

submitted an application under section 

404 of TSCA requesting authorization to 

administer and enforce requirements 

for: Lead-based paint activities (such as 

abatement) in accordance with section 

402(a) of TSCA; renovation, repair and 

painting (referred to as ‘‘RRP’’), in 

accordance with section 402(c) of TSCA; 

and pre-renovation education in 

accordance with section 406(b) of 

TSCA. These programs contain 

procedures and requirements for the 

accreditation of lead-based paint 

activities and RRP training programs, 

procedures and requirements for the 

certification of individuals and firms 


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35542 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices 

engaged in lead-based paint activities or 

RRP activities, and work practice 

standards for performing such activities, 

and ensure that owners and occupants 

of target housing are provided 

information concerning potential 

hazards of lead-based paint exposure 

before certain lead-based paint activities 

or RRP activities are begun. 

Subsequently, Bois Forte supplemented 

the application on August 30, 2010, 

September 23, 2011, January 31, 2012, 

February 23, 2012, and July 13, 2013. 

After reviewing all the application 

materials, EPA now considers the 

Tribe’s application to be complete. 

The Tribe’s application requests 

authorization to administer and enforce 

these requirements on lands held in 

trust for the Tribe within the reservation 

boundaries. The Tribe has not, at this 

time, requested authorization to 

administer and enforce these programs 

on non-member owned fee lands within 

the reservation boundaries. If EPA 

authorizes the Tribal program, EPA will 

continue to administer and enforce the 

requirements on non-member owned fee 

lands within the reservation boundaries. 

The Tribe may, however, apply to 

administer and enforce these 

requirements for all lands located 

within the exterior boundaries of the 

reservation at some future time, but 

must meet all statutory and regulatory 

requirements under section 404(b) of 

TSCA, 15 U.S.C. 2684(b) and 40 CFR 

part 745 subpart Q. 

The Bois Forte Reservation includes 

five land areas, four of which currently 

include lands held in trust for the Tribe. 

The Lake Vermillion land area, 

approximately 2803 acres located near 

the town of Tower, Minnesota, and the 

Sugar Bush and Indian Point land areas, 

approximately 83 acres and 60 acres, 

respectively, both located near the town 

of Orr, Minnesota, consist entirely of 

trust land for which the Tribe will 

administer and enforce the program. 

The Nett Lake land area, comprising of 

103,000 acres surrounding Nett Lake, 

and the vast majority of the Bois Forte 

Reservation land and members, includes 

both trust land, where the Tribe will 

administer and enforce the program, 

and non-member owned fee land, where 

the Tribe will not. The Deer Creek land 

area, approximately 23,000 acres 

currently includes no trust lands; at this 

time the Tribe will not administer the 

program on the Deer Creek land area. 

There are a total of approximately 100 

pre-1978 housing properties on trust 

lands where the Tribe will administer 

and enforce the program. Because the 

program addresses lead-based paint 

found in housing constructed prior to 

1978, the only scenarios under which 

additional housing will come into the 

universe of regulated properties are: (1) 

Pre-1978 housing is moved onto trust 

land, and (2) new lands are placed into 

trust upon which pre-1978 housing 

exists. 

The Tribe’s proposed program 

includes one provision for which the 

Tribal program is more stringent than 

the federal program. The Tribe’s 

definition of ‘‘target housing’’ includes 

all buildings on Tribal trust lands. The 

federal program only applies to ‘‘target 

housing,’’ as defined by section 401(17) 

of TSCA, 15 U.S.C. 2681, which 

includes housing constructed prior to 

1978, except housing for the elderly or 

persons with disabilities (unless any 

child who is less than 6 years of age 

resides or is expected to reside in such 

housing for the elderly or persons with 

disabilities) or any zero-bedroom 

dwelling. As noted below in Section IV 

of this notice, if approved, EPA may 

exercise its enforcement authority under 

TSCA against a violation of, or a failure 

or refusal to comply with, any 

requirement of the Bois Forte Lead 

Program that is consistent with federal 

program requirements. Therefore, if 

approved, EPA will not enforce the Bois 

Forte Lead Program for violations 

arising at buildings not included in the 

federal definition of ‘‘target housing.’’ 

In order for EPA to authorize the Bois 

Forte program, it must determine that 

the application includes information 

sufficient for EPA to find Bois Forte 

eligible for treatment in the same 

manner as a state (TAS). For the TSCA 

lead program, TAS requirements are 

found in 40 CFR 745.324(b)(4), and 

include, among other things, that the 

tribe is recognized by the Secretary of 

the Interior; has an existing government 

exercising substantial governmental 

duties and powers; has adequate civil 

regulatory jurisdiction over the subject 

matter and entities regulated; and is 

reasonably expected to be capable of 

administering the federal program for 

which it is seeking authorization. In 

determining that the Tribe’s application 

is complete, EPA believes that the Tribe 

has demonstrated that it can meet each 

of these requirements for TAS under 

this program. 

Pursuant to section 404(b) of TSCA, 

15 U.S.C. 2684(b) and 40 CFR part 745, 

subpart Q, EPA provides notice and an 

opportunity for a public hearing on a 

state or tribal program application 

before approving the program. 

Therefore, by this notice EPA is 

soliciting public comment on whether 

the Bois Forte application meets the 

requirements for EPA approval. This 

notice also provides an opportunity to 

request a public hearing on the 

application. If a hearing is requested, 

EPA will issue a Federal Register notice 

announcing the date, time and place of 

the hearing and EPA’s final decision on 

the application will also then be 

published in the Federal Register. 

B. What is the agency’s authority for 

taking this action? 

On October 28, 1992, the Housing and 

Community Development Act of 1992, 

Public Law 102–550, became law. Title 

X of that statute was the Residential 

Lead-Based Paint Hazard Reduction Act 

of 1992. That Act amended TSCA (15 

U.S.C. 2601 et seq.) by adding Title IV 

(15 U.S.C. 2681–2692), entitled Lead 

Exposure Reduction. In the Federal 

Register of August 29, 1996 (61 FR 

45813) (FRL–5389–9), April 22, 2008 

(73 FR 21758) (FRL–8355–7), and June 

1, 1998 (63 FR 29908) (FR–5751–7), 

respectively, EPA promulgated final 

TSCA section 402(a), 402(c), and 406(b) 

regulations governing lead-based paint 

activities (abatement) training, 

certification and work practice 

standards; renovation, repair and 

painting (RRP) training, certification 

and work practice standards; and prerenovation education (PRE) 

requirements in target housing and/or 

child-occupied facilities. These 

programs establish requirements for 

training individuals conducting leadbased paint activities and RRP activities; 

accrediting lead-based paint activities 

and RRP activities training providers; 

and for lead-based paint activities and 

RRP work practices. The program also 

ensures that owners and occupants of 

target housing and child-occupied 

facilities are provided information 

concerning potential hazards of leadbased paint exposure before certain 

renovations are conducted. In addition 

to providing general information on the 

health hazards associated with exposure 

to lead, the lead hazard information 

pamphlet advises owners and occupants 

to take appropriate precautions to avoid 

exposure to lead-contaminated dust and 

debris that are sometimes generated 

during renovations. EPA believes that 

distribution of the pamphlet will help to 

reduce the exposures that cause serious 

lead poisonings, especially in children 

under age 6, who are particularly 

susceptible to the hazards of lead. 

Under section 404 of TSCA, 15 U.S.C. 

2684, a state or tribe may seek 

authorization from EPA to administer 

and enforce its own lead-based paint 

activities, RRP and/or pre-renovation 

education program in lieu of the federal 

program. The regulations governing the 

authorization of a state or tribal program 

under both sections 402 and 406 of 

TSCA are codified at 40 CFR part 745, 


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Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Notices 35543 

subpart Q. A state or tribe that chooses 

to apply for program authorization must 

submit a complete application to the 

appropriate regional EPA office for 

review. Those applications will be 

reviewed by EPA within 180 days of 

receipt of the complete application. To 

receive EPA approval, a state or tribe 

must demonstrate that its program is at 

least as protective of human health and 

the environment as the federal program, 

and provides for adequate enforcement 

under section 404(b) of TSCA, 15 U.S.C. 

2684(b). EPA’s regulations at 40 CFR 

part 745, subpart Q provide the detailed 

requirements a state or tribal program 

must meet in order to obtain EPA 

approval. 

III. Tribal Program Description 

Summary 

The following is the Tribe’s proposed 

TSCA Lead-Based Paint program 

summary, which the Bois Forte Tribe 

prepared as a required part of its 

application: 

The Bois Forte has adopted by Resolution 

# 6–2011, the ordinance entitled Bois Forte 

Lead Program in order to provide clear and 

specific authority and guidance for regulating 

renovation requirements, and pre-renovation 

notification requirements and lead-based 

paint activities, including assessment, 

inspection, and abatement of lead-based 

paint on the Bois Forte Reservation. Penalties 

for non-compliance are established. The 

ordinance targets all buildings located on the 

Bois Forte Reservation. 

The ordinance is designed to be at least as 

protective as the federal law and provide for 

adequate enforcement of all provisions 

through a schedule of flexible remedies. This 

is accomplished through a combination of 

Tribe-specific requirements (training 

accreditation) that are identical to the federal 

regulations and through incorporation by 

reference of other required federal elements 

(certification of individuals, pre-renovation 

notification activities, renovation, and 

definitions of lead-based paint hazards). Also 

incorporated by reference are the federal 

definitions with the notable expansion of the 

definition of target housing to include all 

reservation buildings. 

The ordinance contains enforcement and 

compliance requirements consisting of a 

schedule of flexible remedies and an appeals 

process. 

The Bois Forte Reservation Lead Program 

request for federal delegation of authority is 

a natural application of tribal sovereign 

power over environmental regulatory 

activities on the Tribe’s lands for the health, 

welfare, and safety of community members. 

EPA believes that the Tribe’s program 

description, above, together with the rest of 

the application, demonstrates adequate civil 

regulatory jurisdiction over the matter and 

entities regulated. 

IV. Federal Overfilling 

Section 404(b) of TSCA makes it 

unlawful for any person to violate, or 

fail or refuse to comply with, any 

requirement of an approved state or 

tribal program. Therefore, if EPA 

approves the Bois Forte Lead Program 

application, EPA reserves the right to 

exercise its enforcement authority under 

TSCA against a violation of, or a failure 

or refusal to comply with, any 

requirement of the Bois Forte Lead 

Program to the extent that such 

requirement is consistent with federal 

law. 

List of Subjects 

Environmental Protection, Hazardous 

Substances, Lead, Renovation 

Notification, Reporting and 

Recordkeeping requirements. 

Dated: June 10, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–14591 Filed 6–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R09–OAR–2012–0634; FRL–9912–72– 

Region–9] 

Notice of Decision To Issue Clean Air 

Act PSD Permit for Sierra Pacific 

Industries-Anderson Division 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final agency action. 

SUMMARY: This notice announces that 

the Environmental Protection Agency 

(EPA) Region 9 issued a final permit 

decision for a Clean Air Act Prevention 

of Significant Deterioration (PSD) 

permit to Sierra Pacific Industries for 

the Sierra Pacific Industries-Anderson 

Division (SPI-Anderson) facility. 

DATES: EPA Region 9 issued a final PSD 

permit decision for the SPI-Anderson 

facility April 25, 2014. The PSD permit 

is effective on June 6, 2014. Pursuant to 

section 307(b)(1) of the Clean Air Act, 

42 U.S.C. 7607(b)(1), judicial review of 

this final permit decision, to the extent 

it is available, may be sought by filing 

a petition for review in the United 

States Court of Appeals for the Ninth 

Circuit within 60 days of June 23, 2014. 

ADDRESSES: Documents relevant to the 

above-referenced permit are available 

for public inspection during normal 

business hours at the following address: 

U.S. Environmental Protection Agency, 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. To arrange 

for viewing of these documents, call 

Shaheerah Kelly at (415) 947–4156. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, Permits Office (Air-3), 

U.S. Environmental Protection Agency, 

Region 9, (415) 947–4156, 

kelly.shaheerah@epa.gov. Key portions 

of the administrative record for this 

decision (including the final permit, all 

public comments, EPA’s responses to 

the public comments, and additional 

supporting information) are available 

through a link at Region 9’s Web site, 

www.epa.gov/region09/air/permit/r9- 

permits-issued.html#psd, or at 

www.regulations.gov (Docket ID #EPA– 

R09–OAR–2011–0978). Anyone who 

wishes to review the EPA 

Environmental Appeals Board (EAB or 

Board) decision described below or 

documents in the EAB’s electronic 

docket for its decision related to this 

matter can obtain them at http://

www.epa.gov/eab/. 

Notice Of Final Action And 

Supplementary Information: On April 

25, 2014, EPA Region 9 issued its final 

permit decision (PSD Permit No. SAC 

12–01) to SPI authorizing the 

construction and operation of a new 31 

megawatt biomass and natural gas-fired 

cogeneration unit and auxiliary 

equipment at the SPI-Anderson facility 

in Anderson, California. EPA Region 9 

had issued a previous decision 

regarding this project, on February 19, 

2013. After petitions for review of that 

decision were filed with the EAB, the 

Board remanded the permit to EPA 

Region 9 in part and directed EPA 

Region 9 to reopen the permit 

proceedings to hold a public hearing, 

issue a final permit decision and 

respond to any new comments received 

during the hearing. See, In re Sierra 

Pacific Industries (Anderson Processing 

Facility), PSD Appeal Nos. 13–01 to 13– 

04, slip op. at 67 (EAB July 18, 2013). 

The EAB denied review of all other 

issues. 

Following these events, we revised 

the PSD permit by including GHG 

emission limits and related 

requirements, as requested by SPI. 

Following the U.S. Court of Appeals for 

the District of Columbia vacatur of 

EPA’s deferral of biogenic carbon 

dioxide emissions from PSD 

requirements, see, Ctr. for Biological 

Diversity v. EPA, 722 F.3d 401 (D.C. Cir. 

2013), in August 2013, SPI-Anderson 

submitted to EPA a supplemental PSD 

application for GHG emissions. EPA 

Region 9 revised the PSD permit to 

include GHG emission limits and 

related requirements; we also revised 

certain other conditions (primarily 

related to monitoring, performance 

testing, and recordkeeping) to address 

minor technical issues we had 

identified since February 2013. We 

provided notice of public comment of 

the proposed PSD permit and a public 


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