PUBLIC NOTICE

#130937 * * * PUBLIC NOTICE * * *

AVENAL ENERGY PROJECT

ANNOUNCEMENT OF PROPOSED PERMIT, PUBLIC INFORMATION MEETING AND PUBLIC HEARING, AND REQUEST FOR PUBLIC COMMENT ON PROPOSED PERMIT TO REGULATE THE EMISSION OF AIR POLLUTANTS PERMIT NO. SJ 08-01

The Region 9 Office of the United States Environmental Protection Agency (EPA) requests public comment on a Proposed Prevention of Significant Deterioration (PSD) Permit. The proposed permit would grant conditional approval, in accordance with the Prevention of Significant Deterioration (PSD) regulations (40 CFR 52.21), to the Avenal Power Center, LLC to construct and operate a 600 MW (net) electric generating facility. Avenal Power Center, LLC is located at 500 Dallas Street, Level 31, Houston, TX 77002.

The proposed facility, called the Avenal Energy Project, would be located in Kings County, California, and consists of two GE 7FA combustion turbine generators, two heat recovery steam generators, one steam turbine generator, and associated equipment. The proposed location for the Avenal Energy Project constitutes the majority of the northeast quarter of Section 19, Township 21 South, Range 18 East, Mt. Diablo Base and Meridian. The Kings County Assessor’s Parcel Number (APN) for this location is 36-170-035. The proposed location is currently in agricultural production, is zoned industrial by the City of Avenal and is owned by the applicant.

The proposed PSD permit would require the use of Best Available Control Technology to limit emissions of carbon monoxide (CO), oxides of nitrogen (NOx), particulate matter (PM), and particulate matter less than 10 micrometers in diameter (PM10), to the greatest extent feasible. The emissions of other air pollutants from the proposed project would be regulated and limited by the San Joaquin Valley Air Pollution Control District (District). Air pollution emissions from Avenal Energy Project would not cause or contribute to violations of any of the National Ambient Air Quality Standards (NAAQS).

EPA previously provided public notice regarding this proposed permit on June 16, 2009.

EPA intends to hold a Public Information Meeting for the purpose of providing additional information and discussion of the proposed project as follows:

Date: September 30, 2009 Time: 7:00pm - 10:00 pm Location: Avenal Elementary School, Cafeteria 500 South First Street Avenal, California 93204

Pursuant to 40 CFR 124.12, EPA also intends to hold a Public Hearing to provide the public an opportunity to comment on the proposed permit. Any person may provide written or oral comments, in English or Spanish, and data pertaining to the proposed permit at the Public Hearing. The date, time and location of the Public Hearing are as follows:

Date: October 1st, 2009 Time: 7:00 - 10:00 pm Location: Avenal Elementary School 500 South First Street Avenal, California 93204

English-Spanish simultaneous translation services will be provided at both the Public Information Meeting and the Public Hearing.

If you require a reasonable accommodation, by September 15, 2009 plea s e contact Terisa Williams, EPA Region 9 Reasonable Accommodations Coordinator, at (415) 972-3829, or Williams.Terisa@epa.gov.

The public comment period for this proposed permit has been extended and all comments on the proposed permit must be received by email or postmarked by October 15, 2009 . An extension of this comment period may be granted if a request for an extension adequately demonstrates that more time is required to give commenters a reasonable opportunity to prepare comments. Comments must be sent or delivered in writing to Shirley Rivera at the postal or email address shown below. Comments should address the proposed permit and facility, in particular:

1. The Best Available Control Technology (BACT) determinations; 2. The effects, if any, on Class I areas; 3. The effect of the proposed facility on ambient air quality; and 4. The attainment and maintenance of the NAAQS.

All information submitted by the applicant is available as part of the administrative record. The proposed air permit, statement of basis and ambient air quality impact report, permit application and other supporting information are available on the EPA Region 9 website at http://www.epa.gov/region9/air/permit/r9-permits-issued.html. 

## Story #130937 System FRSCZ by APEREZ Time 11:45:55 Date 8/25/09

Account: 9723966U.S Class: 894 Last user: APEREZ Ad Start: 8/29/09 Ad Stop: 8/29/09 Total Cost: $2023.72 Run Days: sat Page 1 BlackThe administrative record may also be viewed in person, Monday through Friday from 9:00 AM to 4:00 PM, at the EPA Region 9 address below. Due to building security procedures, please call to arrange a visit 24 hours in advance. Hard copies of the administrative record can be mailed to individuals upon request in accordance with Freedom of Information Act requirements.

Any written comments must be received (if sent by e-mail) or postmarked (if sent by U.S. mail) on or before October 15

, 2009at the following addresses:

E-mail: R9airpermits@epa.gov

U.S. Mail: Shirley Rivera (AIR-3) U.S. EPA Region 9 75 Hawthorne Street San Francisco, CA 94105-3901 Phone: (415) 972-3966

The proposed permit and ambient air quality impact report are available to review at the following locations: San Joaquin Valley Air Pollution Control District, 1990 E. Gettysburg Ave., Fresno, CA 93726, (559) 230-6000; Kings County Library, Hanford Branch (Main), 401 N. Douty Street, Hanford, CA 93230, (559) 582-0261; Kings County Library, Avenal Branch, 501 East King Street, Avenal, CA 93204, (559) 386-5741; and Kings County Library, Kettleman City Branch, 104 Becky Pease Street, Kettleman City, CA 93239, (559) 386-9804.

All comments that are received will be included in the public docket without change and will be available to the public, including any personal information provided,unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through e-mail. If you send e-mail directly to the EPA, your e-mail address will be automatically captured and included as part of the public comment. Please note that an e-mail or postal address must be provided with your comments if you wish to receive direct notification of EPA’s final decision regarding the permit and responses to comments submitted during the public comment period.

EPA will consider all written comments submitted during the public comment period before taking final action on the PSD permit and will send notice of the final decision to each person who submitted comments and contact information during the public comment period or requested notice of the final permit decision. EPA will respond to all substantive comments in a document accompanying the final permit decision and will make the Public Hearing proceedings available to the public.

The final decision will become effective 30 days from the date of issuance unless:

1. A later effective date is specified in the decision; or

2. The decision is appealed to the Environmental Appeals Board pursuant to 40 CFR 124.19 (any person who submits written comments on the proposed permit or who participates in the Public Hearing may petition the E n v i ronmental Appeals Board to review any part of the permit decision within 30 days after the decision has been issued. Any person who failed to file comments and failed to participate in the public hearing on the proposed permit may petition for review by the Environmental Appeals Board only those parts of the final permit decision which are different than the proposed permit); or

3. There are no comments requesting a change to the proposed permit, in which case the final decision shall become effective immediately upon issuance.

If the proposed permit becomes final, and there is no appeal, construction of the project may commence, subject to the conditions of the permit and other applicable permit and legal requirements.

If you have questions, please contact Shirley Rivera at (415) 972-3966 or email at R9airpermits@epa.gov.

Please bring the foregoing notice to the attention of all persons who would be interested in this matter. (PUB: August 29, 2009)