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, 53452-53453 [2011-21933]

Download as PDF 53452 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices TABLE 1—TRIS NITRO PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES Registration No. Product name Company Uses to be terminated 464–657 ............. Tris Nitro TM Solid Industrial Bacteriostat. Tris Nitro TM Brand of 50% AqueousTris (hydroxymethyl) nitromethane. Tris NitroTM Brand of 50% Aqueous Tris (hydroxymethyl) nitromethane. Tris NitroTM Brand of 25% Aqueous Tris (hydroxymethyl) nitromethane. Tris NitroTM Brand ................. The Dow Chemical Company Use in metalworking fluids; Latex paints; Resin/latex/polymer emulsions; Specialty industrial products. Use in metalworking fluids; Latex paints; Resin/latex/polymer emulsions; Specialty industrial products. 464–658 ............. 464–663 ............. 464–668 ............. 464–679 ............. Table 2 of this unit includes the name and address of record for the registrant of the products in Table 1 of this unit, in sequence by EPA company number. TABLE 2—REGISTRANT OF AMENDED PRODUCTS EPA company No. Company name and address 464 ................. The Dow Chemical Company, 1803 Building, Midland, MI 48674. III. Summary of Public Comments Received and Agency Response to Comments During the public comment period provided, EPA received no comments in response to the June 8, 2011 Federal Register notice (76 FR 33281) (FRL– 8874–5) announcing the Agency’s receipt of the requests for voluntary amendments to terminate uses of products listed in Table 1. emcdonald on DSK2BSOYB1PROD with NOTICES IV. Cancellation Order Pursuant to FIFRA section 6(f), EPA hereby approves the requested amendments to terminate uses of Tris Nitro registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the product registrations identified in Table 1 of Unit II. are hereby amended to terminate the affected uses. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth in Unit VI. will be considered a violation of FIFRA. VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 The Dow Chemical Company The Dow Chemical Company The Dow Chemical Company The Dow Chemical Company Use in paints, emulsions and thickener solutions; Use in metalworking fluids; Use as a preservative for packaged emulsions, solutions, or suspensions, such as detergents and polishes containing water. Use in metalworking fluids; Use as a preservative for packaged emulsions, solutions, or suspensions, such as detergents and polishes containing water. Use in paints, emulsions, and thickener solutions; Use in metalworking fluids; Use as a preservative for packaged emulsions, solutions, or suspensions, such as detergents and polishes containing water; Use in pulp and paper-mill process water systems. V. What is the agency’s authority for taking this action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the Administrator may approve such a request. VI. Provisions for Disposition of Existing Stocks EPA’s existing stocks policy that published in the Federal Register June 26, 1991 (56 FR 29362) (FRL–3845–4) provides that: ‘‘If a registrant requests to voluntarily cancel a registration where the Agency has identified no particular risk concerns, the registrant has complied with all applicable conditions of reregistration, conditional registration, and data call ins, and the registration is not subject to a Registration Standard, Label Improvement Program, or reregistration decision, the Agency will generally permit a registrant to sell or distribute existing stocks for 1 year after the cancellation request was received. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted.’’ Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The effective date of this cancellation is PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 August 26, 2011. The cancellation order that is the subject of this notice includes the following existing stock provisions: The registrant may sell and distribute existing stocks of products listed in Table 1 until August 27, 2012. Persons other than the registrant may sell and distribute existing stocks of products listed in Table 1 until exhausted. Use of the products listed in Table 1 may continue until existing stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the amended products. List of Subjects Environmental protection, Pesticides and pests, Antimicrobials, 2(hydroxymethyl)-2-nitro-1,3propanediol, Tris Nitro. Dated: August 17, 2011. Joan Harrigan-Farrelly, Director, Antimicrobials Division, Office of Pesticide Programs. [FR Doc. 2011–21729 Filed 8–25–11; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice of action denying petition to reopen Title V permit. AGENCY: E:\FR\FM\26AUN1.SGM 26AUN1 Federal Register / Vol. 76, No. 166 / Friday, August 26, 2011 / Notices 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; email: cox.kathleen@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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. emcdonald on DSK2BSOYB1PROD with NOTICES 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 VerDate Mar<15>2010 19:37 Aug 25, 2011 Jkt 223001 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 ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–8998–7] Environmental Impacts Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564–1399 or https://www.epa.gov/ compliance/nepa/. Weekly receipt of Environmental Impact Statements. Filed 08/15/2011 through 08/19/2011. Pursuant to 40 CFR 1506.9. Notice In accordance with Section 309(a) of the Clean Air Act, EPA is required to make its comments on EISs issued by other Federal agencies public. Historically, EPA met this mandate by publishing weekly notices of availability of EPA comments, which includes a brief summary of EPA’s comment letters, in the Federal Register. Since February 2008, EPA has included its comment letters on EISs on its Web site at: https://www.epa.gov/compliance/ nepa/eisdata.html. Including the entire EIS comment letters on the Web site satisfies the Section 309(a) requirement to make EPA’s comments on EISs available to the public. Accordingly, on March 31, 2010, EPA discontinued the publication of the notice of availability of EPA comments in the Federal Register. EIS No. 20110272, Draft EIS, FWS, AK, Arctic National Wildlife Refuge Project, Draft Revised Comprehensive Conservation Plan, Wilderness Review, Wild and Scenic River Review, Implementation, Fairbanks, AL, Comment Period Ends: 11/23/ 2011, Contact: Sharon Seim 907–456– 0501. EIS No. 20110273, Final EIS, FERC, CA, Kilarc-Cow Creek Hydroeletric PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 53453 Project, (FERC Project No. 606) Proposes to Surrender the License for Operation Project, Old Crow Creek and South Cow Creek, Shasta County, CA, Wait Period Ends: 09/26/2011, Contact: Leonard Tao 1–866–208– 3372. EIS No. 20110274, Draft EIS, USFS, CA, Barren Ridge Renewable Transmission Project, Construction and Operation, Application to the USFS for a Special Use Authorization and to BLM for Right-of-Way Grant, Kern and Los Angeles Counties, CA, Comment Period Ends: 10/25/2011, Contact: Robert Hawkins 707–562– 8699. EIS No. 20110275, Second Draft Supplement, FWS, CA, Southern Sea Otters (Enhydra lutris nereis) Translocation Program, Updated Information to the DSEIS 2005, San Nicolas Island, Southern California Bight, CA, Comment Period Ends: 10/ 24/2011, Contact: Lilian Carswell 805–644–1766. EIS No. 20110276, Draft EIS, BLM, AZ, Lower Sonoran and Sonoran Desert National Monument, Resource Management Plan, To Provide Guidance for Managing the Use of Public Lands and Provide a Framework for Future Land Management Actions, Maricopa, Pinal, Pima, Gila and Yuma Counties, AZ, Comment Period Ends: 11/23/ 2011, Contact: Penny Foreman 653– 580–5528. EIS No. 20110277, Draft Supplement, USFS, CO, San Juan Plan Revision, Updated Information, San Juan Public Lands, Draft Land Management Plan (DLMP), Implementation, San Juan National Forest, Archuleta, Conejos, Dolores, Hinsdale, LaPlata, Mineral, Montezuma, Montrose, Rio Grande, San Juan and San Miguel Counties, CO, Comment Period Ends: 10/11/ 2011, Contact: Shannon Manfredi 970–385–1229. EIS No. 20110278, Final EIS, NPS, AK, Nabesna Off-Road Vehicle Management Plan, Implementation, Wrangell-St. Elias National Park and Preserve, AK, Wait Period Ends: 09/ 26/2011, Contact: Bruce Rogers 907– 822–7276. EIS No. 20110279, Final Supplement, MMS, AK, Chukchi Sea Planning Area, Oil and Gas Lease Sale 193, Revised Information, Analyzing the Environmental Impact of Natural Gas Development and Evaluate Incomplete, Missing, and Unavailable Information, Chukchi Sea, Alaska Outer Continental Shelf, AK, Wait Period Ends: 09/26/2011, Contact: Tim Holder 703–787–1744. E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Pages 53452-53453]
From the Federal Register Online via the Government Printing 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: cox.kathleen@epa.gov.

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
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