[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53452-53453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21933]
-----------------------------------------------------------------------
ENVIROMENTAL PROTECTION AGENCY
[FRL-9457-3 ]
Clean Air Act Operating Permit Program; Response to Petition To
Reopen the 2001 Title V Permit for Reliant Portland Generating Station,
Upper Mount Bethel Township, Northampton County, PA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of action denying petition to reopen Title V permit.
-----------------------------------------------------------------------
[[Page 53453]]
SUMMARY: Pursuant to the Clean Air Act (CAA), the Director of the EPA
Region III Air Protection Division issued a letter, dated July 8, 2011,
denying a petition, filed by New Jersey, asking that EPA reopen the
2001 Title V permit issued by the Pennsylvania Department of
Environmental Protection (PADEP) to Reliant Energy Mid-Atlantic Power
Holdings, LLC, for its Portland Generating Station in Northampton
County, Pennsylvania.
FOR FURTHER INFORMATION CONTACT: Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Air Protection Division, EPA Region
III (3AP10), telephone (215) 814-2173; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document and other related information?
Copies of the letter responding to the Petition to Reopen, the
Petition to Reopen and attachments to the Petition, and other relevant
documents relating thereto are on file at the following location:
Environmental Protection Agency, Region III, Air Protection Division
(APD), 1650 Arch Street, Philadelphia, Pennsylvania 19103.
II. Background
On or about July 23, 2009, the New Jersey Attorney General's Office
filed a petition to reopen the 2001 Title V permit issued to the
Reliant Portland Generating Station in Northampton County,
Pennsylvania. The petition to reopen followed a 2006 petition by New
Jersey under Section 505(b)(2) of the Clean Air Act asking EPA to
object to the issuance of a new Title V permit to Reliant Portland, and
a subsequent 2008 petition from New Jersey asking EPA to reconsider its
2007 denial of the Petition to Object. EPA denied the petition for
reconsideration. New Jersey also filed an appeal of EPA's initial
denial of the petition to object, and an appeal of EPA's denial of the
petition to reconsider, in the U.S. Court of Appeals for Third Circuit.
Under the terms of a settlement agreement between EPA and New Jersey,
New Jersey dismissed with prejudice its appeals and the United States
agreed to respond to the petition to reopen within one year. This
letter is EPA's response to the petition to reopen.
III. Judicial Review
Section 307(b)(1) of the Clean Air Act indicates which Federal
Courts of Appeals have venue for petitions for review of final actions
by EPA. For final actions which are not nationally applicable, Section
307(b)(1) provides that appeals shall be filed in the United States
Court of Appeals for the appropriate circuit. The denial of New
Jersey's petition to reopen the 2001 Title V permit for the Reliant
Portland Generating Station is a final action which is not nationally
applicable. The Third Circuit Court of Appeals is the appropriate court
of appeals. Section 307(b)(1) also requires that any petition for
review must be filed within sixty (60) days from the date that this
Notice is published in the Federal Register.
Dated: August 9, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-21933 Filed 8-25-11; 8:45 am]
BILLING CODE 6560-50-P