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* * * SUPPLEMENTAL PUBLIC NOTICE * * * 

THE PIO PICO ENERGY CENTER 

ANNOUNCEMENT OF PUBLIC HEARING AND REQUEST FOR PUBLIC COMMENT ON 

PROPOSED REVISED PERMIT CONDITIONS AND REVISED ANALYSIS FOR A 

CLEAN AIR ACT PREVENTION OF SIGNIFICANT DETERIORATION PERMIT 

Permit Application No. SD 11-01 

Proposed Action and Background Information: The United States Environmental Protection 

Agency, Region 9 (Region 9) provides notice of, and requests public comment on, Region 9’s 

proposed revised particulate matter permit conditions and revised particulate matter analysis for 

the combustion turbines for the Prevention of Significant Deterioration (PSD) permit application 

for the Pio Pico Energy Center (Project). This action would grant conditional approval, in 

accordance with the PSD regulations (40 CFR 52.21), to Pio Pico Energy Center, LLC (PPLLC) 

to construct and operate a 300 megawatt (MW, nominal) electric generating facility. The mailing 

address for the PPLLC is P.O. Box 95592, 2542 Singletree Lane, South Jordan, UT 84095. The 

proposed location for the Project is an unincorporated area of San Diego County known as Otay 

Mesa. It is comprised of a 9.99 acre parcel located at 7363 Calzada de la Fuente in the Otay 

Mesa Business Park.

The proposed Project consists of three General Electric (GE) LMS100 natural gas-fired 

combustion turbine-generators (CTGs) with a total net generating capacity of 100 megawatts 

each. The Project is located within the San Diego County Air Pollution Control District 

(District). 

In public notices issued on June 20, 2012 and August 3, 2012, Region 9 requested public 

comment on a proposed permit to grant conditional approval, in accordance with the PSD 

regulations, to PPLLC to construct and operate the Project. Region 9 also provided a fact sheet 

and ambient air quality impact report describing the basis for the permit conditions and other 

related information. The proposed PSD permit required the use of Best Available Control 

Technology (BACT) to limit emissions of greenhouse gases (GHGs), oxides of nitrogen (NOx), 

particulate matter (PM), particulate matter less than 10 micrometers in diameter (PM10), and 

particulate matter less than 2.5 micrometers in diameter (PM2.5) to the greatest extent feasible. 

Region 9 determined that air pollution emissions from the Project would not cause or contribute 

to violations of any National Ambient Air Quality Standards (NAAQS) for the pollutants 

regulated under the PSD permit. 

In addition to requesting public comment, the June 20, 2012 public notice announced a public 

hearing to be held on July 24, 2012, while the August 3, 2012 notice provided the opportunity for 

the public to request an additional public hearing. The public hearing scheduled for July 24, 2012 

was held as planned and no requests for a public hearing were received in response to the August 

3, 2012 request. 

During the public comment period, Region 9 received written comments regarding its proposed 

PSD permitting action for the Project. On November 19, 2012, after Region 9 carefully reviewed 
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each of the comments submitted and considered the views expressed by all commenters, the 

pertinent Federal statutes and regulations, and additional material relevant to the application and 

contained in our administrative record, Region 9 made a decision pursuant to 40 CFR 52.21 to 

issue a final PSD permit to the Project. 

In its notice announcing the November 19, 2012 permit decision, Region 9 explained that within 

30 days after the service of notice announcing Region 9’s final permit decision, any person who 

filed comments on the proposed permit for the Project or participated in the public hearing for 

the Project had the opportunity to petition EPA’s Environmental Appeals Board (EAB or Board) 

to review any condition of the final permit. In addition, any person who failed to file comments 

and failed to participate in the public hearing on the proposed permit decision could petition for 

review by the EAB of only those parts of the final permit decision that were different than the 

proposed permit decision. Three commenters filed petitions for review with the EAB. 

Collectively, the petitioners raised eleven issues for Board resolution. 

On August 2, 2013, the Board issued a decision remanding in part and denying review in part of 

the Region’s November 19, 2012 PSD permit decision for the Project. The Board remanded to 

Region 9 the emission limits for particulate matter from the combustion turbines. The Board 

directed Region 9 to prepare a revised BACT analysis for particulate matter for the combustion 

turbines in accordance with the Board’s decision, including a new BACT determination, after 

consideration of all of the relevant information. The Board also directed Region 9 to reopen the 

public comment period to provide the public with an opportunity to comment on the revisions to 

its particulate matter BACT analysis. The EAB denied review of all other issues. In addition, 

the Board’s decision stated that once Region 9 issues a final permit decision following the 

public comment period required by the remand, the Region’s final permit decision and the 

Board’s decision in this matter become final agency action subject to judicial review per 40 

CFR 124.19(l). The Board’s decision further stated that the Board is not requiring, and 

will not accept, an appeal to the Board of the final permit decision for the Project following 

remand in this case. 

In response to the EAB’s remand decision, Region 9 has prepared a revised particulate matter 

BACT analysis and BACT determination for the combustion turbines in accordance with the 

Board’s order. Region 9 is also proposing to issue the permit with revisions to the PSD permit’s 

particulate matter conditions for the combustion turbines related to the revised BACT analysis 

and determination. Region 9 has supplemented the administrative record for the PSD permit 

decision for the Project with these and related materials. 

Request for Public Comment: This supplemental public notice requests public comment on the 

Region’s revised particulate matter BACT analysis for the combustion turbines for the Project 

and the related proposed revisions to the PSD permit’s particulate matter conditions. Region 9 is 

now taking comment solely on these matters, and a written response to these comments will be 

provided with Region 9’s final permit decision for the Project. Region 9 is not reopening the 

comment period generally or soliciting comment at this time on any issues other than those 

described in this paragraph. 

Any interested person may submit written comments on Region 9’s revised particulate matter 

BACT analysis for the combustion turbines for the Project and proposed revisions to the 
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particulate matter PSD permit conditions for the Project. All written comments on Region 9’s 

proposed action must be received by Region 9 via email by December 17, 2013, or postmarked 

by December 17, 2013. Comments must be sent or delivered in writing to Lisa Beckham at one 

of the following addresses: 

E-mail: R9airpermits@epa.gov

U.S. Mail: Lisa Beckham (AIR-3) 

 U.S. EPA Region 9 

 75 Hawthorne Street 

 San Francisco, CA 94105-3901 

 Phone: (415) 972-3811 

Alternatively, written comments may be submitted to Region 9 at the Public Hearing for this 

matter that will be held on December 17, 2013, as described below. 

Public Hearing: EPA has determined that it is appropriate to hold a second Public Hearing 

relating to the PSD application for the Project to provide the public an additional opportunity to 

provide comment on the matters that are the subject of this notice. 

Attendance at the hearing is not required in order to submit written comments. At the public 

hearing, any interested person may provide written or oral comments, in English or Spanish, and 

data pertaining to Region 9’s revised particulate matter BACT analysis and related proposed 

revisions to the particulate matter permit conditions for the Project. The public hearing will be 

held as follows:

 Date: December 17, 2013 

 Time: 6:30 p.m. – 8:00 p.m. 

 Location: San Ysidro Middle School 

 Multi-Cultural Center (MCC) 

 4345 Otay Mesa Road 

 San Ysidro, California 92173 

English-Spanish translation services will be provided at the Public Hearing. 

If you require a reasonable accommodation please contact Philip Kum, EPA Region 9 

Reasonable Accommodations Coordinator, by December 10, 2013 at (415) 947-3566, or 

Kum.Philip@epa.gov. 

Additional Information: Information available as part of the administrative record for Region 

9’s current action includes: Region 9’s revised particulate matter BACT analysis for the 

combustion turbines, the related proposed revisions to the PSD permit’s particulate matter 

conditions, information submitted by the applicant in response to the EAB’s remand, and certain 

other supporting information. This information, and certain other information relating to Region 

9’s decision for this PSD permit application, is available through the EPA Region 9 website at 

http://www.epa.gov/region09/air/permit/r9-permits-issued.html#pubcomment. The 
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administrative record for Region 9’s PSD permit decision for the Project may be viewed in 

person, Monday through Friday (excluding federal holidays) from 9:00 AM to 4:00 PM, at the 

EPA Region 9 address above. Due to building security procedures, please call Lisa Beckham at 

(415) 972-3811 at least 48 hours in advance to arrange a visit. Hard copies of the administrative 

record can be mailed to individuals upon request in accordance with Freedom of Information Act 

requirements as described on the EPA Region 9 website at http://www.epa.gov/region9/foia/.

Region 9’s proposed revisions to the PSD permit for the Project and the accompanying revised 

PM BACT analysis for the combustion turbines are available for review at the following 

locations: San Diego Air Pollution Control District, 10124 Old Grove Road, San Diego, CA 

92131, (858) 586-2600; San Ysidro Public Library, 101 W. San Ysidro Boulevard, San Diego, 

CA 92173, (619) 424-0475; Chula Vista Public Library, Civic Center Branch, 365 F Street, 

Chula Vista, CA 91910, (619) 691-5069; Otay Mesa-Nestor Library, 3003 Coronado Avenue, 

San Diego, CA 92154 (619) 424-0474; San Diego Central Library, 820 E Street, San Diego, CA 

92101, (619) 236-5800; National City Public Library, 1401 National City Boulevard, National 

City, CA 91950, (619) 470-5800. 

All comments that are received will be included in the public docket without change and will be 

available to the public, including any personal information provided, unless the comment 

includes Confidential Business Information (CBI) or other information whose disclosure is 

restricted by statute. Information that you consider CBI or otherwise protected should be clearly 

identified as such and should not be submitted through e-mail. If you send e-mail directly to 

Region 9, your e-mail address will be automatically captured and included as part of the public 

comment. Please note that an e-mail or postal address must be provided with your comments if 

you wish to receive direct notification of EPA’s final decision regarding the permit. 

If you have questions, or if you wish to obtain further information, please contact Lisa Beckham 

at (415) 972-3811, via email at R9airpermits@epa.gov, or at the mailing address above. If you 

would like to be added to our mailing list to receive future information about this proposed 

permit decision or other PSD permit decisions issued by EPA Region 9, please contact Lisa 

Beckham at (415) 972-3811 or send an email to R9airpermits@epa.gov, or visit EPA Region 9's 

website at http://www.epa.gov/region09/air/permit/psd-public-guidelines.html. 

EPA’s Final Permit Decision: Region 9 will consider all substantive written and oral comments 

submitted during the public comment period on the topics on which comment is currently being 

solicited before taking final action on the PSD permit application, and will send notice of the 

final permit decision to each person who submitted comments and contact information during the 

public comment periods for this permit decision or requested notice of the final permit decision. 

Region 9 will respond to all such substantive comments in a document accompanying the final 

permit decision and will make the Public Hearing proceedings available to the public, if 

applicable. 

Region 9’s final permit decision will become effective 30 days after service of notice of the 

decision unless (1) a later effective date is specified in that decision, or (2) no comments request 

a change in the proposed revised permit conditions that are announced in this notice, in which 

case the permit will become effective immediately upon issuance. In addition, following the final 
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permit decision, Region 9 will publish a notice in the Federal Register announcing the decision, 

which will discuss the opportunity to seek judicial review of this decision. 

If EPA issues a final decision granting the PSD permit application for the Project, then 

construction of the Project may commence upon the date on which EPA’s decision became 

effective, subject to the conditions of the PSD permit and other applicable permit and legal 

requirements. 

Please bring the foregoing notice to the attention of all persons who would be interested in this 

matter.