PSD Permit Vacated, Application Withdrawn, and Permitting Authority Transferred
On April 12, 2016, EPA Region 9 notified the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) that the SJVUAPCD is now the PSD permitting authority for the Avenal Energy Project. EPA retained permitting authority for the Avenal Energy Project at the time EPA transferred PSD permitting authority to the SJVUAPCD, as the PSD permit had been issued by EPA but was still undergoing judicial review. On August 12, 2014, the 9th Circuit Court of Appeals issued a decision that vacated the PSD permit and remanded it back to EPA for processing consistent with the Court’s decision. However, the application is now considered withdrawn from EPA Region 9 and the SJVUAPCD has assumed responsibility for processing and issuing any future PSD permit needed for the project, if any.
EPA Letter to Avenal Energy Center (PDF)(2 pp, 919 K,
February 2, 2016 letter from EPA Region 9 to the Avenal Energy Center, LLC requesting, within 30 days, a status update and confirmation of intent to proceed with the PSD permit application. If a response is not received, the PSD permit application will be considered withdrawn.
EPA Letter to Local Air District (PDF)(2 pp, 361 K,
April 12, 2016 letter from EPA Region 9 to the SJVUAPCD notifying the District it is the PSD permitting authority for Avenal Energy Project.