*** ANNOUNCEMENT ***

FINAL DECISION TO ISSUE A PSD PERMIT MODIFICATION

THAT REGULATES THE EMISSION OF AIR POLLUTANTS

RIO BRAVO POSO PERMIT NO. S J 85

- 06

In March 2012 , the United States Environmental Protection Agency, Region 9 (EPA) requested public comm ent 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 sub mitted 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 Sh alev at (415) 972

- 3 538 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 P ermits 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 thi s 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. T he petition must include a statement of the reason(s) for requestingreview 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 whe n 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 , 201 2