1 Attachment 

Julie,

I am not sure if you received my previous email (the Biological Opinion attached to it was ~10MB). 

Thus, I am forwarding my original email with only the draft letter attached. 

Please respond to confirm receipt.

Thank you!

Melissa

Melissa A. Foster | Attorney

STOEL RIVES LLP | 500 Capitol Mall, Suite 1600 | Sacramento, CA 95814-3361

Direct: (916) 319-4673 | Mobile: (916) 215-3522 | Fax: (916) 447-4781

mafoster@stoel.com | www.stoel.com

This email may contain material that is confidential, privileged and/or attorney work product for the sole 

use of the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be 

unlawful.

 

 

From: Foster, Melissa A. 

Sent: Monday, October 01, 2012 11:27 AM 

To: walters.julie@epa.gov

Cc: W. David Jenkins (djenkins@apexpowergroup.com); Foster, Melissa A. 

Subject: Pio Pico Energy Center- PSD Application/Addendum re Biological Opinion - DRAFT letter

 

Julie,

Pursuant to our conversation earlier this morning, attached please find a draft letter for your review 

FW: Pio Pico Energy Center- PSD Application/Addendum re Biological Opinion - DRAFT 

letter 

Foster, Melissa A. 

to: 

Julie Walters 

10/01/2012 02:30 PM 

Cc: 

"Foster, Melissa A." 

Hide Details 

From: "Foster, Melissa A." <mafoster@stoel.com>

To: Julie Walters/R9/USEPA/US@EPA, 

Cc: "Foster, Melissa A." <mafoster@stoel.com>

History: This message has been forwarded. 

Biological Opinion Addendum Letter 100112.doc

Page 1 of 2

file://C:\Users\jwalters\AppData\Local\Temp\notes5524D1\~web9482.htm 10/15/2012
wherein Pio Pico Energy Center (“PPEC”) LLC requests that the final Biological Opinion be included as 

an Addendum to PPEC, LLC’s PSD Permit Application.

If this letter is sufficient, please let me know and we will forward a fully-executed copy to Mr. Rios this 

afternoon.

Thank you for your time. If you have any questions or need additional information, please feel free to 

contact me at 916-319-4673 or by email.

Melissa

Melissa A. Foster | Attorney

STOEL RIVES LLP | 500 Capitol Mall, Suite 1600 | Sacramento, CA 95814-3361

Direct: (916) 319-4673 | Mobile: (916) 215-3522 | Fax: (916) 447-4781

mafoster@stoel.com | www.stoel.com

This email may contain material that is confidential, privileged and/or attorney work product for the sole 

use of the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be 

unlawful.

 

 

 

Page 2 of 2

file://C:\Users\jwalters\AppData\Local\Temp\notes5524D1\~web9482.htm 10/15/2012
DRAFT 

10/15/12 

8:34AM 

October 1, 2012 

Mr. Gerardo Rios 

Chief, Permits Office 

U.S. EPA, Region 9 

75 Hawthorne Street 

San Francisco, CA 94105 

Subject: Pio Pico Energy Center PSD Permit Application 

 Biological Opinion Addendum 

Dear Mr. Rios: 

Pio Pico Energy Center, LLC (“Applicant”) hereby adds this letter as an addendum to its 

application for a Prevention of Significant Deterioration (“PSD”) permit for the Pio Pico 

Energy Center project (the “Project”). The U.S. Fish and Wildlife Service issued its 

Biological Opinion for the Project on September 28, 2012 (FWS-SDG-10B0661-

12F0590) (“Biological Opinion”) (copy attached). Applicant will implement the 

Conservation Measures, the Reasonable and Prudent Measures, and the Terms and 

Conditions contained in the Biological Opinion. (See Biological Opinion at pp. 4-6 and 

24-25.) 

Applicant requests that the following condition be incorporated into the PSD permit: 

1. Nitrogen oxide emissions shall be monitored and aggregate NOx emissions 

from the project’s combustion turbines, calculated as nitrogen dioxide (NO2) 

on a 12-month rolling basis, will be considered exceeded if in any 12-month 

period, they exceed 70.4 tons. Results shall be reported to the CFWO 

annually, for each calendar year no later than February 1 of the following 

year. (basis: Biological Opinion, Terms and Conditions, Reasonable and 

Prudent Measures required for established take exemption). 

Applicant submits this addendum based upon its understanding that this addendum is an 

administrative addition to the application and that such addendum (1) will not require a 

new notice to the public and corresponding comment period, and (2) will not in any way 

affect the completeness of the original application. 
DRAFT 

10/15/12 

8:34AM 

Mr. Gerardo Rios -2- October 1, 2012 

Should you have any additional questions, please contact David Jenkins at (317) 431-

1004. 

Sincerely, 

Gary Chandler 

President 

Enclosure: Letter from Jim A. Bartel, Fish & Wildlife Service, to Gerardo Rios, Chief, 

Air Permit Office, U.S. Environmental Protection Agency, Region 9 

(September 28, 2012)