[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Pages 64615-64616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25910]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8736-7]


Clean Air Act Operating Permit Program; Decision on 
Reconsideration of Petition to Object to 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 reconsideration of final order on 
petition to object to state operating permit.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the EPA Administrator 
signed an order, dated June 20, 2007, denying a petition to object to a 
state operating permit proposed to be 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. On September 24, 2008, the 
Administrator signed a letter denying the request of the petitioner, 
the New Jersey Department of Environmental Protection (NJDEP), that EPA 
reconsider the June 20, 2007 Order.

FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, Chief, Permits and 
Technical Assessment Branch, Air Protection Division, EPA Region III 
(3AP11), 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 final order, the petition, the NJDEP letter seeking 
reconsideration, the Administrator's letter denying the 
reconsideration, and all pertinent information relating thereto are on 
file at the following location: Environmental Protection Agency, Region 
III, Air Protection Division (APD), 1650 Arch St., Philadelphia, 
Pennsylvania 19103. The Administrator's letter is also available 
electronically at the following Web site: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb.htm.

II. Background

    The Clean Air Act affords EPA a 45-day period to review and object 
to, as appropriate, operating permits proposed by state permitting 
authorities. Section 505(b)(2) of the CAA authorizes any person to 
petition the EPA Administrator within 60 days after the expiration of 
this review period to object to a state operating permit if EPA has not 
done so. EPA received a petition from the NJDEP, dated July 21, 2006, 
requesting that EPA object to the issuance of the proposed title V 
permit for the Reliant Portland Generating Station. By Order dated June 
20, 2007, the Administrator responded by denying NJDEP's petition. On 
September 14, 2007, the Attorney General of New Jersey, on behalf of 
NJDEP, simultaneously filed an appeal of the Administrator's Order in 
the United States Court of Appeals for the Third Circuit and sent a 
letter to EPA seeking reconsideration of the Administrator's Order. The 
Court of Appeals stayed the appeal until September 26, 2008, to allow 
EPA an opportunity to respond to the motion for reconsideration of the 
Order. By letter dated September 24, 2008, the Administrator responded 
by denying reconsideration. The letter explains the reasons for denying 
NJDEP's request for reconsideration.

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

[[Page 64616]]

Jersey's motion for reconsideration of the Administrator's Order 
denying New Jersey's request that EPA object to the issuance of a state 
operating permit to 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. As noted above, New Jersey 
has already filed an appeal of the Administrator's June 20, 2007 Order 
in the U.S. Court of Appeals for the Third Circuit. 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: October 17, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-25910 Filed 10-29-08; 8:45 am]
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