UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX

75 Hawthorne Street

San Francisco, CA 94105·3901

March 14, 2007

Mr. Andrew Welch, P.E.

Project Manager

E&L Westcoast, LLC

8403 Colesville, Suite 915

Silver Spring, Maryland 20910

Subject: Application for a Prevention of Significant Deterioration (PSD) Permit for the

Colusa Generating Station in Colusa County

Dear Mr. Welch:

This letter is in response to your PSD application which was received by the Region 9

office ofthe Environmental Protection Agency (EPA) on December 22,2006 and the

supplemental information on modeling for near-field visibility, Class I visibility, and Class I

increment which was received by our office by electronic mail in February 2007. The PSD

application is for the construction and operation of a nominal 660 megawatt combined cycle

power plant in Colusa County. Based on our review ofthe application, we have determined that

the application is administratively complete. A preliminary determination, which will include an

Ambient Air Quality Impact Report (AAQIR) and draft permit, is being developed.

This notification of completeness does not imply that the EPA agrees with any analyses,

conclusions or positions contained in the application. We may request additional information to

clarify, modify, or supplement previously submitted material. Also, if you should request a

suspension in the processing ofthe application, or submit new information indicating a

significant change in the project design, ambient impact or emissions, this determination of

completeness may be revised.

Upon issuance ofthe preliminary determination, we will publish a public notice of our

intent to issue the permit. The comment period specified in the notice shall be at least 30 days.

Please be advised that at anytime anyone may have full access to the application materials and

other information you provide to us in connection with this permit action.

This letter also informs you of your rights to claim business confidentiality under 40 CFR

2 , Subpart B for any part of or all ofthe information you provide us, and to document for our

files that we have done so. If you do not make a claim of confidentiality for any ofthis material

within 15 days ofthe date you receive this letter you will have waived your right to do so. The

facility name and address may not be claimed as confidential.

Printed on Recycled Paper
If you wish to claim confidentiality, you must substantiate your claim. Your

substantiation must address the points enumerated in the enclosed instructions, in accordance

with 40 CFR 2.204(e).

If you have any questions concerning the review of your application, please contact

Shaheerah Kelly, Environmental Engineer, ofmy staff at (415) 947-4156. For questions

regarding confidentiality claims, please contact Ann Lyons at (415) 972-3883, and for air quality

modeling questions, please contact Scott Bohning at (415) 947-4127.

Sincerely,

Gerardo C. Rios

94/dL

Chief, Permits Office

Attachment

cc: Harry Krug, Colusa County Air Pollution Control District

Robert Fletcher, California Air Resources Board

Jack Caswell, California Energy Commission

Mark Strehlow, URS Corporation

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ATTACHMENT

INSTRUCTIONS FOR CLAIMING CONFIDENTIALITY

A. Pursuant to 40 CFR 2.204(e), your claim must address these points:

1. The portions ofthe information alleged to be entitled to confidential treatment;

ll. The period oftime for which confidential treatment is desired by the business

(e.g., until the occurrence of a specific event, or permanently);

m. The purpose for which the information was furnished to EPA and the appropriate

date ofsubmission, if known;

IV. Whether a business confidentiality claim accompanied the information when it

was received by EPA;

v. Measures taken by you to guard against the undesired disclosure ofthe

information to others;

VI. The extent to which the information has been disclosed to others and the

precautions taken in connection therewith;

Vll. Pertinent confidentiality determinations, if any, by EPA or other Federal agencies,

and a copy of any such determination or reference to it, if available;

Vlll. Whether you assert that disclosure ofthis information would be likely to result in

substantial harmful effects on your business's competitive position, and ifso, what

those harmful effects would be, why they should be viewed as substantial; and an

explanation ofthe casual relationship between disclosure and such harmful effect,

and

IX. Whether you assert that the information is voluntarily submitted information and

ifso, whether any disclosure ofthe information would tend to lessen the

availability to EPA ofsimilar information in the future. "Voluntarily submitted

information" is defined in 40 CFR Section 2.201(i) as business information in

EPA's possession - -

a. The submission of which EPA has no statutory or contractual authority to

require; and

b. The submission ofwhich was not prescribed by statute or regulation as a

condition of obtaining some benefit (or avoiding some disadvantage)

under a regulatory program of general applicability, including such

regulatory programs as permit, licensing, registration, or certification

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programs, but excluding programs concerned solely or primarily with the

award or administration by EPA of contracts or grants.

B. We will disclose information covered by your claim only to the extent provided for in 40

CFR Part 2, Subpart B Confidentiality ofBusiness Information. Please address your

claim and substantiation of confidentiality to the staff person mentioned in the letter at

EPA Region 9 (AIR-3), 75 Hawthorne Street, San Francisco, CA 94105.

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