[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Notices]
[Pages 14505-14506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05740]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2011-0978; FRL-9908-07-Region-9]


Notice of Decision To Issue Clean Air Act PSD Permit for the Pio 
Pico Energy Center

AGENCY: United States Environmental Protection Agency (EPA) Region 9.

ACTION: Notice of final agency action.

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SUMMARY: This notice announces that EPA Region 9 issued a final permit 
decision for a Clean Air Act Prevention of Significant Deterioration 
(PSD) permit to Pio Pico Energy Center, LLC (PPLLC) for the 
construction of the Pio Pico Energy Center (PPEC).

DATES: EPA Region 9 issued a final PSD permit decision for the PPEC on 
February 28, 2014. The PSD permit for the PPEC will become effective on 
April 7, 2014. Pursuant to section 307(b)(1) of the Clean Air Act, 42 
U.S.C. 7607(b)(1), judicial review of this final 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 March 14, 2014.

ADDRESSES: Documents relevant to the above-referenced permit are 
available for public inspection during normal business hours at the 
following address: U.S. Environmental Protection Agency, Region 9, 75 
Hawthorne Street, San Francisco, CA 94105-3901. To arrange for viewing 
of these documents, call Lisa Beckham at (415) 972-3811.

FOR FURTHER INFORMATION CONTACT: Lisa Beckham, Permits Office (Air-3), 
U.S. Environmental Protection Agency, Region 9, (415) 972-3811, 
[email protected]. 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 through a link at Region 9's Web site, 
www.epa.gov/region09/air/permit/r9-permits-issued.html#psd, or at 
www.regulations.gov (Docket ID  EPA-R09-OAR-2011-0978). Anyone 
who wishes to review the EPA Environmental Appeals Board (EAB or Board) 
decision described below or documents in the EAB's electronic docket 
for its decision related to this matter can obtain them at http://www.epa.gov/eab/.
    Notice of Final Action and Supplementary Information: EPA Region 9 
issued its final permit decision to PPLLC authorizing the construction 
and operation of the PPEC, PSD Permit No. SD 11-01, on February 28, 
2014.
    EPA Region 9 initially issued a final PSD permit decision to PPLLC 
for the PPEC on November 19, 2012. Three commenters filed petitions for 
review of the Region's November 19, 2012 PSD permit decision for the 
PPEC with EPA's EAB. 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 PPEC. See In re Pio Pico Energy 
Center PSD Permit No. SD 11-01, PSD Appeal Nos. 12-04 through 12-06 
(EAB, Aug. 2, 2013) (Order Remanding in Part and Denying Review in 
Part). The Board remanded to Region 9 the emission limits for 
particulate matter from the combustion turbines and directed Region 9 
to prepare a revised Best Available Control Technology (BACT) analysis 
for particulate matter for the Project's 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 would become final agency action subject to judicial 
review per 40 CFR 124.19(l). The Board's decision further stated that 
the Board was not requiring, and would 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 prepared a 
revised particulate matter BACT analysis and BACT determination for the 
emission limits for the Project's combustion turbines in accordance 
with the Board's order, and proposed revised permit conditions for such 
limits. In November of 2013, Region 9 issued a public notice seeking 
public comment on this revised analysis and these revised particulate 
matter permit conditions, and on December 17, 2013, Region 9 held a 
public hearing to receive such comment.
    EPA has carefully reviewed each of the comments submitted 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 made a decision in accordance

[[Page 14506]]

with 40 CFR 52.21 to issue a final PSD permit to PPLLC for the PPEC.
    Following completion of the remand proceedings, pursuant to 40 CFR 
124.19(l)(2), EPA Region 9 issued a final permit decision to PPLLC for 
the PPEC on February 28, 2014. All conditions of the PPEC PSD permit, 
Permit No. SD 11-01, issued February 28, 2014, become final and 
effective on April 7, 2014.

    Dated: March 7, 2014.
Deborah Jordan,
Director, Air Division, Region IX.
[FR Doc. 2014-05740 Filed 3-13-14; 8:45 am]
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