[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Page 55799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22834]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-9460-3]


Approval of Clean Air Act Prevention of Significant Deterioration 
Permit Issued to Avenal Power Center, LLC To Construct the Avenal 
Energy Project

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Action.

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SUMMARY: This document announces that EPA has issued a final permit 
decision granting the Clean Air Act Prevention of Significant 
Deterioration (PSD) permit application submitted by Avenal Power 
Center, LLC to authorize construction of the Avenal Energy Project.

DATES: The EPA's PSD permit for the Avenal Energy Project became 
effective and final agency action on August 18, 2011, when 
administrative review procedures were exhausted. Pursuant to section 
307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review 
of this permit decision, to the extent it is available, may be sought 
by filing a petition for review in the United States Court of Appeals 
for the Ninth Circuit within 60 days of September 9, 2011.

ADDRESSES: The documents relevant to the above-referenced action are 
available for public inspection during normal business hours at the 
following address: U.S. Environmental Protection Agency, Region 9, 75 
Hawthorne St., San Francisco, CA 94105. To arrange for viewing of these 
documents, call Shirley Rivera at (415) 972-3966.

FOR FURTHER INFORMATION CONTACT: Shirley Rivera, Air Division, U.S. 
Environmental Protection Agency, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105. The EPA Environmental Appeals Board (EAB) decision 
described below is available at the following Web site: http://www.epa.gov/eab/.

SUPPLEMENTARY INFORMATION: The EPA issued a PSD permit on May 27, 2011, 
to Avenal Power Center, LLC for the Avenal Energy Project, granting 
approval to construct a new 600-megawatt natural gas-fired combined-
cycle power plant in Kings County, California. The EPA issued an 
administrative amendment to the permit on June 21, 2011, to correct 
typographical errors. The EPA's Environmental Appeals Board (EAB) 
received four petitions for review of the permit from the following 
entities within 30 days of the EPA's service of notice of the issuance 
of the permit: (1) El Pueblo Para El Aire y Agua Limpio; (2) 
Greenaction for Health & Environmental Justice; (3) Sierra Club and 
Center for Biological Diversity; and (4) Mr. Rob Simpson. The EAB 
denied review of these petitions on August 18, 2011. All conditions of 
the Avenal Power Center, LLC permit for the Avenal Energy Project, as 
amended on June 21, 2011, are final and effective. Pursuant to 40 CFR 
124.19(f)(1), final agency action by EPA has occurred because of the 
exhaustion of the agency review procedures before the EAB. The EPA 
Administrator has delegated authority to the EAB to issue final 
decisions in PSD permit appeals filed under 40 CFR part 124. 40 CFR 
124.2(a).

    Dated: August 31, 2011.
Gina McCarthy,
Assistant Administrator. Office of Air and Radiation.
[FR Doc. 2011-22834 Filed 9-8-11; 8:45 am]
BILLING CODE 6560-50-P