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* * * PUBLIC NOTICE * * * 

THE PIO PICO ENERGY CENTER 

ANNOUNCEMENT OF FINAL DECISION TO ISSUE A CLEAN AIR ACT PREVENTION 

OF SIGNIFICANT DETERIORATION PERMIT THAT REGULATES THE EMISSION OF 

AIR POLLUTANTS 

PERMIT APPLICATION NO. SD 11-01 

In June and August of 2012, the United States Environmental Protection Agency, Region 9 

(EPA) provided notice of, and requested public comment on, EPA’s proposal to issue a 

Prevention of Significant Deterioration (PSD) permit authorizing the construction of the Pio Pico 

Energy Center (Project). EPA’s final decision grants conditional approval, in accordance with 

the PSD regulations (40 CFR 52.21), to Pio Pico Energy Center, LLC to construct and operate a 

300 megawatt (MW, nominal) electric generating facility. The Project consists of three General 

Electric (GE) LMS100 natural gas-fired combustion turbine-generators (CTGs) with a total net 

generating capacity of 100 megawatts each. 

The mailing address for the Pio Pico Energy Center, LLC is P.O. Box 95592, 2542 Singletree 

Lane, South Jordan, UT 84095. The proposed location for the Project is an unincorporated area 

of San Diego County known as Otay Mesa. It is comprised of a 9.99 acre parcel located at 7363 

Calzada de la Fuente in the Otay Mesa Business Park. The Project is located within the San 

Diego County Air Pollution Control District (District). 

 

During the public comment period, EPA received written comments regarding its proposed PSD 

permitting action for the Project. EPA has carefully reviewed each of the comments submitted 

and, after consideration of the expressed views of all commenters, the pertinent Federal statutes 

and regulations, and additional material relevant to the application and contained in our 

Administrative Record, EPA has made a decision in accordance with 40 CFR 52.21 to issue a 

final PSD permit to the Pio Pico Energy Center, LLC. 

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 our website, www.epa.gov/region09/air/permit/r9-permitsissued.html#psd, or at www.regulations.gov (Docket ID # EPA-R09-OAR-2011-0978). 

Hard copies of the final permit and EPA’s responses to the public comments, and the 

Administrative Record for this action, 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 Roger Kohn at (415) 972-3973 to arrange a visit at least 24 hours in 

advance. Hard copies of the final permit and EPA’s responses to the public comments are 

available upon request at the following: 
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E-mail: R9airpermits@epa.gov

U.S. Mail: Roger Kohn (AIR-3) 

 U.S. EPA Region 9 

 75 Hawthorne Street 

 San Francisco, CA 94105-3901 

 Phone: (415) 972-3973 

The contact information above may also be used to request copies of other portions of the 

administrative record for this action. 

Within 30 days after the service of notice announcing this final permit decision, any person who 

filed comments on the proposed permit for the Project or participated in any of the public 

hearings for the Project may petition EPA’s Environmental Appeals Board (EAB) to review any 

condition of the final permit. Persons who did not file comments or participate in the public 

hearings may petition for administrative review only to the extent of changes from the proposed 

to the final permit decision. The petition must include a statement of the reason(s) for requesting 

review by the EAB, including a demonstration that any issues being raised were raised during the 

public comment period to the extent required by the regulations at 40 CFR Part 124 and when 

appropriate, a showing that the conditions in question are based on 1) a finding of fact or 

conclusion of law which is erroneous, or 2) an exercise of discretion or an important policy 

consideration which the EAB should, in its discretion, review. Please see 40 CFR 124.19 and 

visit http://www.epa.gov/eab/ for important information regarding the procedures for appeal of a 

PSD permit decision to the EAB. 

EPA’s PSD permit for the Project shall take effect thirty (30) days from the date of service of 

notice of this permit decision unless a petition for review is properly and timely filed with the 

EAB. In the event that a petition for review is filed with the EAB, construction of the facility is 

not authorized under this PSD permit until resolution of the EAB petition(s). 

Please bring the foregoing notice to the attention of all persons who would be interested in this 

matter. 

*** END OF ANNOUNCEMENT *** 

 Issued November 19, 2012