*** ANNOUNCEMENT ***

OF A FINAL DECISION TO ISSUE A PSD PERMIT

THAT REGULATES THE EMISSION OF AIR POLLUTANTS

AVENAL ENERGY PROJECT

PERMIT APPLICATION NO. SJ 08-01

In June 2009 and August 2009, the United States Environmental Protection Agency 

(EPA) requested public comment on our proposal to issue a Prevention of Significant 

Deterioration (PSD) permit authorizing the construction and operation of a 600 megawatt 

(MW) natural gas-fired combined-cycle power plant known as the Avenal Energy Project

(“AEP” or “Project”), in Kings County, California. In March 2011, EPA requested 

further comment on three specific issues relating to its proposed PSD permitting action 

for the project. 

During these public comment periods, the last of which ended on April 12, 2011, EPA 

received numerous written and oral 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 Avenal Power Center, LLC for the Project. 

Key portions of the Administrative Record for this decision (including the final permit, 

all public comments, EPA’s responses to the public comments, a version of the final 

permit that indicates what changes have been made from the proposed permit, and 

additional supporting information) are available online at www.regulations.gov (Docket 

ID # EPA-R09-OAR-2009-0438), with a link from our website at 

www.epa.gov/region09/air/permit/r9-permits-issued.html#psd. 

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 Shirley Rivera at (415) 972-3966 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 in writing, by e-mail, or by fax to:

U.S. Environmental Protection Agency

Air Permits Office (AIR-3)

Attn: Shirley Rivera

75 Hawthorne Street

San Francisco, CA 94105

E-mail: R9airpermits@epa.gov 

Fax: 415-947-3579
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 this announcement to the attention of all persons who you know would be 

interested in this matter.

*** END OF ANNOUNCEMENT ***

Issued May 27, 2011