[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Page 40968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16334]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0190; FRL-9830-8]


Notice of Extension of Deadline to Commence Construction Under 
Clean Air Act Prevention of Significant Deterioration Permit Issued to 
Avenal Power Center, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces that the U.S. Environmental Protection 
Agency (``EPA'') has extended the Prevention of Significant 
Deterioration (``PSD'') permit deadline for commencing construction for 
a final Clean Air Act PSD permit that authorizes Avenal Power Center, 
LLC (``APC'') to construct the Avenal Energy Project (``AEP''). The AEP 
is to be located in Kings County, California.

DATES: EPA's PSD permit for the AEP became effective on August 18, 
2011, and included a deadline for commencing construction of February 
18, 2013. Prior to February 18, 2013, APC requested an 18-month 
extension of the deadline for commencing construction under the PSD 
permit for the AEP. EPA has granted such an extension until August 18, 
2014. Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 
7607(b)(1), judicial review of this extension decision may be sought by 
filing a petition for review in the United States Court of Appeals for 
the Ninth Circuit by September 9, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0190 for 
this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov and in hard copy 
at the following address: U.S. Environmental Protection Agency, Region 
IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. See 
SUPPLEMENTARY INFORMATION for more information about how to make an 
appointment to view these hard copy documents during normal business 
hours at EPA Region IX's office.

FOR FURTHER INFORMATION CONTACT: Shirley Rivera, Air Division, U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne St., San 
Francisco, CA 94105, 415-972-3966, [email protected].

SUPPLEMENTARY INFORMATION: The AEP, proposed by APC, is a new 600-
megawatt natural gas-fired combined-cycle power plant that will be 
located in Kings County, California. The PSD permit decision issued by 
EPA for the AEP became effective on August 18, 2011 as published in the 
Federal Register on September 9, 2011 (76 FR 55799). In November 2011, 
the United States Court of Appeals for the Ninth Circuit received 
petitions for review of EPA's PSD permit decision for the AEP; this 
Court of Appeals proceeding is pending. In letters dated December 19, 
2012 and February 15, 2013, APC requested that EPA provide an 18-month 
extension of the deadline for commencing construction in the PSD permit 
for the AEP. Pursuant to 40 CFR Part 52.21(r), in a response to APC 
dated June 26, 2013, EPA Region 9 determined that a satisfactory 
showing justifying the extension had been made, and EPA extended the 
deadline for commencing construction in the PSD permit for AEP for 18 
months, so that the PSD permit will become invalid if construction of 
the AEP is not commenced by August 18, 2014.
    The docket for this action includes, among other documents, EPA's 
analysis supporting this action. In addition to the electronic docket 
for this action, hard copy versions of the docket materials are 
available for public inspection during normal business hours at the 
following address: U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne St., San Francisco, CA 94105. To arrange for viewing of these 
documents at EPA Region IX's office, call Shirley Rivera at (415) 972-
3966. Due to building security procedures, visitors should call at 
least 48 hours in advance to arrange a visit.

    Dated: June 26, 2013.
Deborah Jordan,
Director, Air Division, Region IX.
[FR Doc. 2013-16334 Filed 7-8-13; 8:45 am]
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