[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]


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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.

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[[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]
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