UNITED STATES ENVIRONMENTALPROTECTION AGENCY REGION IX 75 HAWTHORNE STREET SAN FRANCISCO, CALIFORNIA 94105

In the Matter of: ) ) Docket No. R9-09-09 Ampersand ChowchillaBiomass, L.L.c. ) Chowchilla, California ) FINDING AND ) NOTICE OF VIOLATION Proceeding Under Section ) l13(a), Clean Air Act, ) as Amended ) 

### --------------------------------)

This Finding and Notice ofViolation ("NOV") is issued pursuant to section l13(a)(l) of the Clean Air Act, 42 U.S.c. § § 740l-767lq ("CAA" orthe "Act"). This NOV is issued to Ampersand ChowchillaBiomass, L.L.c. ("Ampersand") for violations ofthe Act at Ampersand's power generating facility in Chowchilla, California (the "Facility"). Section 113(a)(l) requires the Administrator ofthe United States Environmental Protection Agency ("EPA") to notify any person in violation ofa state implementation plan ("SIP") ofthe violations. The authority to issue NOVs has been delegated to the Regional Administrator ofEPA, Region 9, and redelegated to the Director ofthe Air Division for EPA, Region 9. STATUTORY AND REGULATORY AUTHORITY A. Clean Air Act 1. Pursuant to section 107(d) ofthe Act, 42 U.S.c. § 7407(d), the Administrator promulgated lists ofattainment status designations for each air quality control region ("AQCR") in every state. These lists identify the attainment status ofeach AQCRfor each ofthe criteriapollutants. The attainment status designations for California AQCRs are listed at 40 c.F.R. § 81.305. 2. The city ofChowchilla, California, is part ofthe SanJoaquin Valley Areathat has been designated as a serious nonattainment area for the 8-hour ozone National Ambient Air Quality Standards ("NAAQS") and an extreme nonattainment area for the l-hour ozone NAAQS (40 C.F.R. § 81.305) and is subject to thejurisdiction ofthe San Joaquin Valley AirPollution Control District ("SJVAPCD" orthe "District"). 3. Section llO(a) ofthe Act requires that all states adopt SIPs that provide for the 1implementation, maintenance and enforcement ofprimary and secondary air quality standards. 42 U.S.c. § 7410(a). 4. A person's failure to comply with any approved regulatory provision ofa SIP renders the person in violation ofan applicable implementation plan and subject to enforcement under section 113(a)(l) ofthe Act. 42 U.S.c. § 7413(a)(I). 5. Under 40 c.F.R. § 52.23, "[f]ailure to comply with

... any permit condition

... issued pursuant to approved orpromulgated regulations for the review ofnew or modified stationary or indirect sources, or with any permit limitation or condition contained within an operating permit issued under an EPA-approved program that is incorporated into the State implementation plan, shall render the person ... so failing to complyin violation of a requirement ofan applicable implementation plan and subject to enforcement action under section 113 ofthe Clean Air Act." B. SJV APCD Rule 1080: Stack Monitoring 6. SJVAPCD Rule 1080 was approved into and made a part ofthe federally enforceable SIP pursuant to 42 U.S.c. § 7410 on June 25, 2004. 1 7. SJVAPCD Rule 1080 applies to "any owner or operator ofa source operation which emits or may emit air contaminants." 8. Section 4.0 ofSJVAPCD Rule 1080 provides that "[u]pon the request ofthe APCO [Air Pollution Control Officer] and as directed byhim, the owner shall provide, install, and operate continuous monitoring equipment on such operations as directed. The owner shall maintain, calibrate, and repair the equipment and shall keep the equipment operating at design capabilities." 9. Section 8.0 ofSJVAPCD Rule 1080 provides that "[o]wners or operators subject to Section 4.0 shall submit a written report for each calendar year to the APCO. The report is due bythe 30th day following the end ofthe calendar quarter and shall include

... [t]ime intervals, data and magnitude ofexcess emissions, nature and cause ofthe excess (ifknown), corrective actions taken and preventive measures adopted." C. SJVAPCD Rules 2010 and 2201: Permits and New Source Review 10. SJVAPCD Rule 2010 was approved into and made a part ofthe federally enforceable SIP pursuant to 42 U.S.c. § 7410 on September 21, 1999.2

169 Fed. Reg. 22441 (April 26, 2004). 264 Fed. Reg. 39920 (July 23, 1999). 211. SJVAPCD Rule 2010 requires "anyperson constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate." 12. Section 3.0 ofSJV APCD Rule 2010 provides that "[a]nyperson building, altering or replacing any operation, article, machine, equipment, or other contrivance, the use of which may cause the issuance ofair contaminants orthe use ofwhich may eliminate or reduce or control the issuance ofair contaminants, shall first obtain authorization for such construction from APCO. An Authority to Construct shall remain in effect until the Permit to Operate the source operation for which the application was filed is granted or denied

...." 13. Section 4.0 ofSJVAPCD Rule 2010 provides that "[b]efore any new or modified source operation described in Section 3.0, or any existing source operation so described maybe operated, a written permit shall be obtained from the APCO. No Permitto Operate shall be granted

... for any source operation described in Section 3.0 constructed or installed without authorization as required by Section 3.0 until the information required is presented to the APCO and such source operation is altered, ifnecessary, and made to conform to the standards set forth in Rule 2070

... and elsewhere in these rules and regulations."

,14. SJV APCD Rule 2201 was approved into and made a part ofthe federally enforceable SIP pursuant to 42 U.S.c. § 7410 on June 16,2004.3 15. SJVAPCD Rule 2201 addresses the review and permitting ofnew and modified stationary sources ofair pollution, including emission offsets. 16. Section 4.1 ofSJVAPCD Rule 2201 requires best available control technology ("BACT") for all new emissions unit with a potential to emit exceeding 2.0 pounds in anyone day. 17. Section 3.9 ofSJV APCD Rule 2201 defines BACT as "the most stringent emission limitation or control technique ofthe following: 3.9.1 Achieved in practice for such category and class ofsource; 3.9.2 Contained in any State hnplementation Plan approved by

... EPA

... for such category and class ofsource... ; or 3.9.3 Contained in an applicable federal New Source Performance Standard; or 3.9.4 Any other emission limitation or control technique, found by the APCO to be cost effective and technologically feasible for such class or category ofsources or for a specific source."

369 Fed. Reg. 27837 (May 17, 2004). 3

### D. SJVAPCD Rule 4101: Visible Emissions 18. SJV APCD Rule 4101 was approved into and made a part ofthe federally enforceable SIP pursuant to 42 U.S.C. § 

### 7410 on October 11, 

### 2005.4 19. SJVAPCD Rule 4101 applies to "any source operation which emits or may emit air contaminants." 20. SJVAPCD Rule 1020 defines "air contaminant" as "any discharge, release, or other propagation into the atmosphere directly or indirectly, causedbyman and includes, but is not limited to, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, or any combination thereof."s 21. Section 5.0 ofSJVAPCD Rule 4101 provides that "[a] person shall not discharge into the atmosphere from any single source ofemission whatsoever, any air contaminant, other than uncombined water vapor, for aperiod orperiods aggregating more than three (3) minutes in anyone (1) 

### hour which is: 5.1 As dark or darker in shade as that designated as No.1 on the Ringelmann Chart, as published by the United States Bureau ofMines. 5.2 Ofsuch opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in Section 5.1 ofthis rule." E. 

### SJV APCD Rule 4352: SolidFuel Fired Boilers, Steam Generators, and Process Heaters 22. SJVAPCD Rule 4352 was approved into and made apart ofthe federally enforceable SIP pursuant to 42 U.S.c. § 

### 7410 on April 12, 1999.6 23. SJV ACPD Rule 4352 is intended to limit emissions ofoxides ofnitrogen ("NOx") and carbon monoxide ("CO") from solid fuel fired boilers, steam generators, and process heaters. 24. Section 5.5 ofSJVAPCD Rule 4352 provides that "[t]he owner/operator ofany unit using ammonia injection as a NOx control technique, shall operate a Continuous Emissions Monitoring system (CEM) to monitor and record NOx concentrations, CO2 

### or O2 

### concentrations, as well as the NOx emission rate. Continuous Emission Monitoring system shall be operated, maintained, and calibrated pursuant to the requirements of40 C.F.R. 60.7(c) and 60.13. CEMs must also satisfy the Performance Specifications of40

470 Fed. Reg. 46770 (Aug. 11,2005). SSJVAPCD Rule 1020 was approved into and made a part ofthe federally enforceable SIP pursuant to 42 U.S.c. § 

### 7410 on April 3, 2000. 65 Fed. Reg. 5262 (February 3,2000). 664 Fed. Reg. 6803 (Feb. 11, 

### 1999). 4c.F.R. 60 Appendix B and the Relative Accuracy Test Audit ofAppendix F." 25. Under 40 C.F.R. § 60.13(b), CEMS mustbeinstalled and operational prior to conducting performance tests under 40 c.F.R. § 60.8. Verification ofoperational status shall, as a minimum, include completion ofthe manufacturer's written requirements or recommendations for installation, operation, and calibration ofthe device. Under 40 c.F.R. § 60.8, performance testing is due within 180 days ofthe initial operation ofa facility. Thus, any facility using ammonia injection as a NOx control technique in the District must certify the operational status ofCEMS within 180 days ofinitial operation. 26. Section 6.1 ofSJVAPCD Rule 4352 provides that "[t]he owner/operator ofany unit subject to the provisions ofthis rule shall submit to APCO an emissions control plan of all actions to be taken to satisfy the requirements ofSection 5.0. Suchplan will identify the type ofemission controls to be applied to each unit and a construction schedule, or shall provide source tests

... sufficient to demonstrate that the unit is currentlyin compliance with the emission limits ofthis rule." FINDINGS OF FACT A. The Facility 27. Ampersand owns and/or operates the Facilitylocated at 16457 Avenue 24 

### '12, Chowchilla, California. 28. Chowchilla is within thejurisdiction ofSJVAPCD which has been designated as a serious nonattainment area for the 8-hour ozone NAAQS and as an extreme nonattainment area for the I-hour ozone NAAQS under the Act. 29. The Facility is a 12.5 megawatt powerplant that burns wood to generate electricity. The wood is either from an urban waste source (i.e., construction or demolition projects) or from agricultural waste (orchard removals). The wood is burned in a fluidized bubbling bed combustor (the "Boiler") to produce steam which then turns an electric generator to generate electricity. 30. In 2007-2008, Ampersand constructed the Facility, including the Boiler with one propane-fired auxiliary burner powering a steam turbine generator that is servedby a selective non-catalytic reduction system, a limestone injection system, a multiclone, and a pulsejetbaghouse. 31. The Facility started operations on or about April 24, 2008.



### 5

### B. Permitting History 32. On or about April 19, 2007, SlVAPCD issued its Authority to Construct permit No. C6923-3-0 (the "Permit") for the Boiler with one propane-fired auxiliaryburnerpowering a stearn turbine generator, served by a selective non-catalytic reduction system, a limestone injection system, a multic1one, and a pulsejetbaghouse at the Facility. 33. Condition 7 ofthe Permit provides that "[n]o air contaminant shall be discharged into the atmosphere for a period orperiods aggregating more than three minutes in anyone hour which is as dark as, or darker than, Ringelmann 1or 20% opacity

...." 34. Condition 18 ofthe Permitrequires the Facility to "install and maintain an operational ammonia volume flow-rate indicator for the selective non-catalytic reduction ("SNCR") ammonia injection system." 35. Condition 19 ofthe Permit requires the Facility to "install, maintain, and operate a continuous emissions monitoring system (CEMS) to measure stack gas NOx, SOx, CO, and O2 

### concentration" and "meet the performance specification requirements in 40 C:F.R., Part 60, Appendix B

...." Condition 9 ofthe Permit also requires the CEMS to be "operated, maintained, and calibratedpursuant to the requirements of40 C.F.R. 60.7(c) and 40 c.F.R. 60.13." 36. Condition 24 ofthe Permit requires the Facility to conduct quarterly audits ofCEMS, except during quarters in which relative accuracy and compliance source testing are both performed, in accordance with EPA guidelines and submit quarterly audit reports along with quarterly compliance reports to the District. 37. Condition 28 ofthe Permit provides that NOx emissions from the Boiler, except during periods ofstartup and shutdown, shall not exceed 14.8Ib/hror 0.08IbIMMBtu, based on a 24-hourrolling average. 38. Condition 28 ofthe Permit provides that sulfur oxides ("SOx") emissions from the Boiler, except during periods ofstartup and shutdown, shall not exceed 7.4 lb/hr or 0.04 IbIMMBtu, based on a I-hour rolling average. 39. Condition 28 ofthe Permit provides that CO emissions from the Boiler, except during periods ofstartup and shutdown, shall not exceed 1O.55lb/hr or72 ppmv @ 

### 3% O2 

### (equivalent to 0.057 IblMMBtu),based on a 24-hourrolling average. 40. Condition 29 ofthe Permit provides that ammonia ("NH3") emissions from the Boiler shall not exceed 85 ppmv @ 

### 3% O2 

### (equivalent to 0.041 IbIMMBtu),based on a 24-hour rolling average.



### 6

### 41. Condition 34 ofthe Permit requires source testing to measure the NOx, sax, PM1o, 

### CO, volatile organic compound ("VOC"), and NH3 emission rates within 120 days after initial operation ofthe Facility and at least once every twelve months thereafter. C. Compliance Status 42. On or about November 3, 2008, Ampersand filed apetition with SJVAPCD for a variance from SJVAPCD Rules 2010, 2201, 4101, 4352, and 4801. 43. On or about December 17,2008, SJV APCD issued a regular variance (the "Variance") from SJVAPCD Rules 2010, 2201, 4101, 4352, and 4801 from December 17, 2008 to April 30, 2009. The Variance allowed Ampersand to operate the Facility with excess NOx, ammonia, and visible emissions until April 30, 2009. 44. On or about April 15, 2009, Ampersand filed apetition with SJVAPCD for a variance that would allow it to operate the Facility with excess NOx, ammonia, and visible emissions beyond the April 30, 2009 expiration date for the Variance to December 16, 2009. 45. On or about March 25,2009, EPA issued an information request to the Facilitypursuant to Section 114,42U.S.C. § 

### 7414, ofthe Act. 46. The Facility submitted its response (the "Ampersand Response") to the EPA Information Request on or about May 7, 2009. 47. On or about August 19,2008, the Facility conducted source testing (the "August 19,2008 Source Test") to measure the NOx, sax, PMlO, 

### CO, VOC, and NH3 emission rates from the Boiler. 48. The August 19,2008 Source Test showed that the Boiler emitted NOx at levels exceeding 14.81b/hr or 0.08IblMMBtu, based on a 24-hourrolling average, and ammonia at levels exceeding 85 ppmv @ 

### 3% O2 

### (equivalent to 0.041 IbIMMBtu),based on a 24-hourrolling average. 49. According to the CEMS data provided in the Ampersand Response and the August 19, 2008 Source Test, the Boiler emitted NOx at levels exceeding 14.81blhr or 0.08 IbIMMBtu, based on a 24-hour rolling average, from or about June 5, 2008 to April 29, 2009. 50. According to the CEMS data provided in the Ampersand Response, the Boiler emitted sax at levels exceeding 7.4 lb/hr or 0.04 IbIMMBtu, based on a I-hour rolling average, from or about May 31,2008 to April 29, 2009.

7

### 51. According to the CEMS data provided in the Ampersand Response, the Boiler emitted CO at levels exceeding 1O.551b/hr or 72 ppmv @ 

### 3% O2 

### (equivalent to 0.057 IbIMMBtu), based on a 24-hourrolling average, from or about June 5, 2008 to March 26, 2009. 52. On or about August 26, 2008, an inspector from SJVAPCD performed opacity testing (the "August 26, 2008 Opacity Test") ofemissions from the Facility. 53. According to the Ampersand Response and the August 26,2008 Opacity Test, the Boiler emitted air contaminants for aperiod orperiods aggregating more than three (3) minutes in anyone (1) hour which exceeded 20% opacity on or about August 26,2008 and from or about December 2008 to April 2009. 54. According to the Ampersand Response and the August 19,2008 Source Test, the Boiler emitted ammonia over 85 ppmv @ 

### 3% O2 

### (equivalent to 0.041IbIMMBtu) over a 24­ hour rolling average on or about August 19, 2008 and from or about December 2008 to April 2009. 55. According to the Ampersand Response, the Facility did not install or maintain an operational ammonia volume flow-rate indicator for the SNCR ammonia injection system from or about April 24, 2008 to August 24, 2008. 56. Accordingto the Ampersand Response, the Facility did not certify CEMS for the Boiler pursuant to the requirements of40 C.F.R. § 

### 60.7(c) and 40 C.F.R. § 

### 60.13 until December 10,2008. 57. According to the Ampersand Response, the Facility did not submit an emissions control plan to SJVAPCD that specifies all actions to be taken to satisfy the requirements SJV APCD Rule 4352 and that identifies the type ofemission controls to be applied to each unit and a construction schedule, or shall provide source tests sufficient to demonstrate that the unit is currently in compliance with the applicable emission limits. FINDINGS OF VIOLATION 58. From or about June 5, 2008 to April 29, 2009, Ampersand emitted NOx in excess of 14.8 lb/hr or 0.08 IbIMMBtu over a 24-hourrolling average in violation ofCondition 28 ofthe Permit and SJVAPCD Rules 2010 and 2201. 59. From or about May 31, 2008 to April 29, 2009, Ampersand emitted SOx in excess of7.4 lb/hr or 0.04 IbIMMBtu over a I-hour rolling average in violation ofCondition 28 ofthe Permit and SJV APCD Rules 2010 and 2201. 60. From or about June 5, 2008 to March 26, 2009, Ampersand emitted CO in excess of

81O.551b/hr or 72 ppmv @ 3% O2 (equivalent to 0.057Ib/MMBtu) over a 24-hour rolling average in violation ofCondition 28 ofthe Permit and SJVAPCD Rules 2010 and 2201. 61. On or about August 26,2008 and from or about December 2008 to April 2009, Ampersand violated the opacity limits ofCondition 7 ofthe Permit and Section 5 of SJVAPCD Rule 4101. 62. On or about August 19, 2008, and from or about December 2008 to April 2009, Ampersand emitted ammonia in excess of85 ppmv @ 3% O2 (equivalent to 0.041 IblMMBtu) over a 24-hourrolling average in violation ofCondition 29 ofthe Permit and SJVAPCD Rules 2010 and 2201. 63. From or about April 24, 2008 to August 24, 2008, Ampersand failed to install and maintain an operational ammonia volume flow-rate indicator for the SNCR ammonia injection system in violation ofCondition 18 ofthe Permit and SJVAPCD Rules 2010 and 2201. 64. From or about October 22,2008 to December 10,2008, Ampersand failed to certify CEMS for the Boiler and associated equipment at the Facility in violation ofCondition 9 ofthe Permit and SJV APCD Rules 2010 and 2021. 65. To date, Ampersand failed to submit an emissions control plan to SJVAPCD that specifies all actions to be taken to satisfy the requirements SJVAPCD Rule 4352 and that identifies the type ofemission controls to be applied to each unit and a construction schedule, or shall provide source tests sufficient to demonstrate that the unit is currently in compliance with the applicable emission limits in violation ofSection 6.1 of SJVAPCD Rule 4352. NOTICE OF VIOLATION Notice is given to Ampersand that the Administrator ofthe EPA, by authority duly delegated to the undersigned, finds that Ampersand violated section 110 ofthe Act and the California State Implementation Plan, as set forth in the Finding and Notice ofViolation. ENFORCEMENT Section 113(a)(l) ofthe Act provides that when any person has violated any requirement or prohibition ofan applicable implementation plan orpermit, EPA may: issue an orderrequiring compliance with the requirements orprohibition ofsuch implementation plan or permit, or issue an administrative penalty order pursuant to section 113(d) for civil administrative penalties ofup to $37,500 per day ofviolation, or 

### 9bring a civil action pursuant to section 113(b) for injunctive reliefand/or civil penalties ofnot more than $37,500 per day for each violation. 42 U.S.C. § 7413(a)(I); 40 c.F.R. Part 19. Furthermore, ifa person knowingly violates any requirements ofan applicable implementation plan more than 30 days after the date ofissuance ofthis NOV, section 113(c) provides for criminal penalties or imprisonment, orboth. Under section 306(a) ofthe Act, the regulations promulgated thereunder (40 c.F.R. Part 15), and Executive Order 11738, facilities to beused in federal contracts, grants, and loans must be in full compliance with the Act and all regulations promulgated pursuant to it. Violations of the Act mayresult in the facility being declared ineligible for participation in any federal contract, grant, or loan. PENALTY ASSESSMENT CRITERIA Section 113(e)(1) ofthe Act states that the Administrator orthe court, as appropriate, shall, in determining the amount ofany penalty to be assessed, take into consideration (in addition to such other factors asjustice may require) the size ofthe business, the economic impact ofthe penalty on the business, the violator's full compliance history and good faith efforts to comply, the duration ofthe violation as establishedby any credible evidence (including evidence other than the applicable test method), paymentbythe violator ofpenalties previously assessed for the same violation, the economic benefit ofnoncompliance, and the seriousness ofthe violation. Section 113(e)(2) ofthe Act allows the Administrator or the court to assess a penalty for each day ofviolation. Forthe purposes ofdetermining the number ofdays ofviolation, where the EPA makes a prima facie showing that the conduct or events giving rise to this violation are likely to have continued or recurred past the date ofthis NOV, the days ofviolation shall be presumed to include the date ofthis NOV and each and every day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can provebythe preponderance ofthe evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature. OPPORTUNITY FOR CONFERENCE Ampersand may, upon request, confer with EPA. The conference will enable Ampersand to present evidence bearing on the finding ofviolation, on the nature ofthe violations, and on any efforts it mayhave taken orproposes to take to achieve compliance. Ampersand has the right to berepresented by counsel. A request for a conference with EPA mustbe made within ten (l0) working days ofreceipt ofthis NOV, and the request for a conference or other inquiries concerning the NOV should be made in writing to:

10David Kim Office ofRegional Counsel (ORC-3) U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105 (415) 972-3882

Dated: 

### I' J3

. .- 

# Or Deborah Jordan Director, Air Division

11UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA94105·3901 July 23, 2009 CERTIFIED MAIL

### # 7006 2150 0000149412192 RETURN RECEIPT REQUESTED IN REPLY: AIR-5 REFERTO: DocketNo. R9-09-09 Mr. Eric Shumway ChiefOperating Officer Ampersand ChowchillaBiomass, L.L.C. 717 AtlanticAvenue, Suite 1A Boston, MA 02111 Re: Ampersand Chowchilla Biomass, L.L.C. Finding and Notice ofViolation DearMr. Shumway: Enclosed is a copy ofa Finding and Notice ofViolation ("NOV") issuedpursuant to section 113(a)(I) ofthe CleanAirAct, 42 U.S.C. §§ 7401-7671q (the "Act"), notifying youthat the United States Environmental Protection Agency ("EPA"), Region IX, finds that Ampersand ChowchillaBiomass, L.L.C. ("Ampersand") has violated certain provisions ofthe California State ImplementationPlan at its biomass-fired electric generating facility located in Chowchilla, California (the "Facility"). You shouldbe aware that section 113(a)(1) ofthe Act authorizes EPA to issue an orderrequiring compliance with the requirements ofthe Act, issue an administrative penalty order, orcommence a civil action seeking an injunction andlor a civil penalty. Furthermore, section 113(c) ofthe Actprovides for criminal penalties in certain cases. In addition, section 306 oftheAct, 42 U.S.C. § 7606, the regulations promulgated thereunder (2 C.F.R. Part 180), and Executive Order 11738 providethat facilities to be utilized in federal contracts, grants, and loans mustbein full compliance with theAct and all regulations promulgatedpursuantto it. A violation ofthe Actmayresult in the Ampersand Facilitybeing declared ineligible for participation in any federal contract, grant, orloan. Ifyou wish to discuss the enclosed NOV, you mayrequest a conference with EPA within ten (10) working days ofreceipt ofthisNOV. The conference will afford Ampersand an opportunityto present informationbearing onthe finding ofviolation, the nature ofthe violations, and any efforts it mayhave taken orproposes to taketo achieve compliance.

Printed on Recycled PaperIfyouhave any questions pertaining to this NOV, please contact Mark Sims of the AirEnforcement Office at (415) 972-3965, orhave your attorney contact David Kim, Office ofRegional Counsel, at (415) 972-3882. Thank you for your cooperation inthis matter. Sincerely, 

# M

Director, AirDi Enclosure

cc: Mr. Seyed Sadredin (SJV APCD) Mr. JimRyden (CARB) Ms. S. Jodi Smith (Paul Hastings)

2UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901 

# ..u.. 2 8 2009 IN REPLY: AIR-5 REFER TO: DocketNo. R9-09-09 Mr. Jim Ryden Chief, Enforcement Division CaliforniaAirResources Board P.O. Box 2815 Sacramento, CA 95812 DearMr. Ryden: Enclosed for your informationis a copyofa Finding and Notice ofViolation ("NOV") thatthe United States Environmental Protection Agency ("EPA"), Region IX, issuedto Ampersand ChowchillaBiomass, L.L.C. ("Ampersand") for violations ofthe Clean AirAct ("Act") at its biomass-fired electric generating facility located in Chowchilla, California. Thepurpose ofthe NOV is to notifyAmpersand that EPA finds that it has violated certainprovisions ofthe California State Implementation Plan. Theviolations are set forth more specificallyin the enclosedNOV. TheNOVhas been issuedpursuant to section 113(a)(1) ofthe Act, 42 U.S.C. §§ 7401-7671q. TheAct also provides that after 30 days from the issuance ofanNOV, EPAmay determine ifany further action will betakenpursuantto section 113 ofthe Act. Ifyouhave any questions concerning this NOV, please contact Mark Sims, Air Enforcement Office, at (415) 972-3965, or sims.mark@eps.gov

. Sincerely,

# ;Ww~ DeborahJordan Director, AirDivision Enclosure

Printed on Recycled PaperUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901



### ... 28 2ml9l IN REPLY: AIR-5 REFERTO: Docket No. R9-09-09 Mr. Seyed Sadredin Executive Officer/AirPollution Control Officer SanJoaquinValleyAirPollution Control District 1990 East Gettysburg Avenue Fresn;:

### J~X3 726-0244 Dear

### ~adredin: Enclosed for yourinfonnationis a copyofa Finding and Notice ofViolation ("NOV") that the United States Environmental ProtectionAgency ("EPA"), Region IX, issued to Ampersand ChowchillaBiomass, L.L.C. ("Ampersand") for violations ofthe CleanAirAct ("Act") at its biomass-fired electric generating facility located in Chowchilla, California. Thepurpose oftheNOVis to notifyAmpersand that EPA finds that ithas violated certainprovisions ofthe California State Implementation Plan. The violations are set forth more specificallyin the enclosedNOV. TheNOV has been issuedpursuant to section 113(a)(1) ofthe Act, 42 U.S.C. §§ 7401-7671q. The Act also provides that after 30 days from the issuance ofan NOV, EPAmay detennine ifany further action will betaken pursuantto section 113 ofthe Act. Ifyouhave any questions concerningthis NOV, please contactMark Sims, Air Enforcement Office, at (415) 972-3965, or sims.mark@eps.gov. Sincerely,

# ~ Director, AirDivision Enclosure

Printed on Recycled Paper