Ponderosa Compressor Station (Board decision, March 21, 2017)

Plain-English summary

Tesoro Logistics, LP - Rockies asked the Environmental Appeals Board to dismiss its petition challenging a Tribal Minor New Source Review permit for the Ponderosa Compressor Station. The company represented that EPA Region 8 intended to issue a permit with revisions discussed between the parties. The Board granted the motion and dismissed the petition for review. The order states that any later permit action by the Region remains subject to applicable permitting regulations.

Decision snapshot

• Cited authorities: None stated in the order
• Outcome: The petitioner’s motion was granted, and the petition for review was dismissed.
• Key point: The Board dismissed the appeal while the permitting region worked toward a revised permit.

Full text (EPA EAB public release)

F I L E D
MAR 21 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:

Ponderosa Compressor Station

Permit No. SMNSR-UO-002178-2015.002

NSR Appeal No. 16-02

ORDER GRANTING PETITIONER’S MOTION AND
DISMISSING PETITION FOR REVIEW

On March 13, 2017, Tesoro Logistics, LP – Rockies (“TLLP”) filed a “Motion to Dismiss [Its] Petition for Review” of a Tribal Minor New Source Review Permit issued by the U.S. Environmental Protection Agency, Region 8 (“Region”) to TLLP for the Ponderosa Compressor Station. In its motion, TLLP represents that the Region “intends to issue [a] permit within a few weeks with * * * revisions discussed between the parties.” Motion at 1. Of course, any permit action by the Region must be done in accordance with, and is subject to, applicable permitting regulations.

Having considered TLLP’s motion and the representations therein, TLLP’s Motion is GRANTED and its Petition for Review is DISMISSED.

So ordered.

ENVIRONMENTAL APPEALS BOARD¹

Dated: MAR 21 2017

By: Aaron P. Avila
Aaron P. Avila
Environmental Appeals Judge

¹ The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

CERTIFICATE OF SERVICE

I certify that copies of the forgoing Order Granting Petitioner’s Motion and Dismissing Petition for Review in the matter of Ponderosa Compressor Station, NSR Appeal No. 16-02, were sent to the following persons in the manner indicated:

By First Class Certified Mail, Return Receipt Requested:

Thomas H. Gibbons
Environmental Specialist
Tesoro Logistics GP, LLC
1801 California Street, Suite 1200
Denver, CO 80202

By EPA Pouch Mail:

Sara L. Laumann
Associate Regional Counsel
Office of Regional Counsel, EPA Region 8
1595 Wynkoop Street
Mail Code 8RC
Denver, CO 80202-1129

Dated: MAR 21 2017

Annette Duncan
Administrative Specialist