*** 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 (EP A) 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

- f

ired 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 the se public comment period s , the last of which ended on April 12, 2011 , EPA received numerous written and oral comments regarding its proposed PSD permitting action for the P roject . EPA has carefully reviewed each of the comments submitted and, after consideration of the expressed view s of all commenters , the pertin ent F ederal
statu t es 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 P r oject.

Key portions of the A dministrative R ecord for th is 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 permi t
, 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 A dministrative R ecord for this action

, may also be viewed in person, Monday through Fri day 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
p ublic 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

- 3579T he 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 notic e 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 condition s in qu estion 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 petitio n ( 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