
[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Notices]               
[Page 16461-16462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap10-68]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9133-3]

 
Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; Request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed settlement agreement, to address a consolidated petition 
for review filed by the New Jersey Department of Environmental 
Protection (``NJDEP'') in the United States Court of Appeals for the 
Third Circuit: NJDEP v. Johnson, Nos. 07-0612 and 08-4818 (3rd Cir.). 
On July 21, 2006, NJDEP filed an administrative petition seeking an 
objection to a permit proposed to be issued under title V of the Act, 
42 U.S.C. 7661 et seq., to RRI Energy Mid-Atlantic's Portland 
Generating Station in Northampton County, Pennsylvania.\1\ Following 
denial of the petition, on September 14, 2007, NJDEP filed a petition 
for review of that denial (No. 07-0612) and submitted an administrative 
petition for reconsideration of the denial. Following denial of the 
petition for reconsideration, NJDEP filed a petition for review of that 
denial (No. 08-4818) and the two petitions were consolidated into one 
action. On July 23, 2009, NJDEP filed an administrative petition asking 
the Administrator to reopen the title V permit for the RRI Energy 
Portland plant pursuant to 40 CFR 70.7(f)(iii) & (iv). Under the terms 
of the proposed settlement agreement, NJDEP

[[Page 16462]]

has agreed to dismiss its pending consolidated petition for review, and 
EPA has agreed to respond to NJDEP's petition to reopen the permit 
within one year after the date when this Agreement becomes final.
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    \1\ At the time of the petition, the name of the company was 
``Reliant Energy,'' but the company subsequently changed its name. 
To avoid confusion this notice uses the company's current name.

DATES: Written comments on the proposed consent decree must be received 
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by May 3, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0987, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: David Orlin, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1222; fax number (202) 564-5603; e-mail address: 
orlin.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    This settlement agreement would resolve pending challenges to EPA's 
denial of the title V petition and petition for reconsideration filed 
by NJDEP that seek an objection to a permit proposed to be issued by 
Pennsylvania Department of Environmental Protection to RRI Energy Mid-
Atlantic Power Holdings LLC for its Portland Generating Station in 
Pennsylvania. Under the terms of the proposed settlement agreement, EPA 
shall make a determination on the petition to reopen the title V permit 
filed by NJDEP on July 23, 2009 no later than one year after the date 
when this Agreement becomes final. Within 10 days after this Agreement 
is finalized, NJDEP and EPA shall file a joint motion for voluntary 
dismissal with prejudice of the pending litigation.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed settlement agreement from persons who were not named as 
parties or intervenors to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
settlement agreement if the comments disclose facts or considerations 
that indicate that such consent is inappropriate, improper, inadequate, 
or inconsistent with the requirements of the Act. Unless EPA or the 
Department of Justice determines that consent to the settlement 
agreement should be withdrawn, the terms of the settlement will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How Can I Get a Copy of the Settlement Agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0987) contains a copy of the proposed settlement 
agreement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
http://www.regulations.gov. You may use the http://www.regulations.gov 
to submit or view public comments, access the index listing of the 
contents of the official public docket, and to access those documents 
in the public docket that are available electronically. Once in the 
system, key in the appropriate docket identification number then select 
``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at http://www.regulations.gov without change, 
unless the comment contains copyrighted material, CBI, or other 
information whose disclosure is restricted by statute. Information 
claimed as CBI and other information whose disclosure is restricted by 
statute is not included in the official public docket or in the 
electronic public docket. EPA's policy is that copyrighted material, 
including copyrighted material contained in a public comment, will not 
be placed in EPA's electronic public docket but will be available only 
in printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov website to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through http://
www.regulations.gov, your e-mail address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: March 25, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-7318 Filed 3-31-10; 8:45 am]
BILLING CODE 6560-50-P

