*** ANNOUNCEMENT ***

FINAL DECISION TO ISSUE A PSD PERMIT MODIFICATION 

THAT REGULATES THE EMISSION OF AIR POLLUTANTS

RIO BRAVO POSO PERMIT NO. SJ 85-06

In March 2012, the United States Environmental Protection Agency, Region 9 (EPA) requested 

public comment on our proposal to issue a Prevention of Significant Deterioration (PSD) permit 

modification to allow the Rio Bravo facility to include clean cellulosic biomass as a part of its 

permissible fuel. The facility is located at 16608 Porterville Highway in Bakersfield, California.

During the public comment period, which ended on April 3, 2012, EPA received written and oral 

comments regarding its proposed PSD permitting action for the cogeneration facility. 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 the modified PSD permit to Rio Bravo Poso. The final 

permit was signed on May 15, 2012.

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 online at www.regulations.gov (Docket ID # EPA-R09-OAR- 2011-1034), with a link 

from our website at http://epa.gov/region9/air/permit/r9-permits-issued.html

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 Omer Shalev at (415) 972-3538 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: Omer Shalev

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).

*** END OF ANNOUNCEMENT ***

Issued May 16, 2012