Federal regulators said they need more time to determine whether a Pennsylvania coal plant owned by RRI Energy is significantly contributing to nonattainment of federal air quality standards in New Jersey.
In a Federal Register notice yesterday, the Environmental Protection Agency (EPA) said it is delaying six months a ruling on the Section 126 Clean Air Act petition received from New Jersey on 13 May.
We are disappointed in EPA's decision to grant itself an extension to further review an obvious problem that is affecting public health in New Jersey, said Bob Martin, the state Department of Environmental Protection (DEP) commissioner. This pollution has been allowed to go on for years. The issue needs to be resolved more quickly.
The DEP determined emissions from RRI Energy's Portland coal plant interfered with attainment and/or maintenance of SO2 and fine particulate matter (PM) national ambient air quality standards in New Jersey. RRI was formerly called Reliant Energy.
Portland, which is located along the west bank of the Delaware River in eastern Pennsylvania, has two coal-fired generating units with a capacity of 401MW and three dual-fueled combustion turbines with a total generating capacity of 169MW. No SO2 controls are installed on the units and the PM controls are outdated, DEP said. In 2009, the Portland plant's SO2 emissions of 30,345 short tons (27,529 metric tonnes) exceeded the combined SO2 emissions of 12,810st from all New Jersey power plants, DEP said.
With its petition, the state wants EPA to directly regulate the Portland plant by requiring installation of air pollution control technology or imposing stringent emissions rates that the Clean Air Interstate Rule has not addressed.
EPA was given 60 days to respond to the petition. But additional time is needed to make a finding on the interstate transport, EPA said. The 60-day period is not adequate to allow the public and the agency to make such a finding, which would cause the plant to cease operations within three months or meet emission limitations and compliance schedules determined by EPA, the federal agency said.
The agency still needs to complete the necessary technical review, develop a proposal and allow for notice and comment on the Portland plant's interstate contribution. EPA and state officials plan to meet soon to further understand the technical information, EPA said.
Officials with RRI could not be reached for comment. The company responded to the petition at the time of its filing by saying that it took compliance with environmental regulations seriously and operated the plant in compliance with all the measures required by Pennsylvania. The company is also aware that there may be future rules that will be imposed on coal-fired plants that are more restrictive than current permit standards and will comply with those when they are imposed.
With this extension, EPA has until 12 January 2011 to act.
The plant was also the subject of litigation filed in 2007 by then-New Jersey DEP Commissioner Lisa Jackson, now the EPA administrator, against EPA for ignoring New Jersey's objections to an operating permit renewal for the Pennsylvania plant. On 30 June, the parties jointly dismissed the case out of the US Court of Appeals for the Third Circuit because of an out-of-court settlement reached in March. The settlement established that EPA has one year to reopen New Jersey's petition to object to the permit renewal.
In a Federal Register notice yesterday, the Environmental Protection Agency (EPA) said it is delaying six months a ruling on the Section 126 Clean Air Act petition received from New Jersey on 13 May.
We are disappointed in EPA's decision to grant itself an extension to further review an obvious problem that is affecting public health in New Jersey, said Bob Martin, the state Department of Environmental Protection (DEP) commissioner. This pollution has been allowed to go on for years. The issue needs to be resolved more quickly.
The DEP determined emissions from RRI Energy's Portland coal plant interfered with attainment and/or maintenance of SO2 and fine particulate matter (PM) national ambient air quality standards in New Jersey. RRI was formerly called Reliant Energy.
Portland, which is located along the west bank of the Delaware River in eastern Pennsylvania, has two coal-fired generating units with a capacity of 401MW and three dual-fueled combustion turbines with a total generating capacity of 169MW. No SO2 controls are installed on the units and the PM controls are outdated, DEP said. In 2009, the Portland plant's SO2 emissions of 30,345 short tons (27,529 metric tonnes) exceeded the combined SO2 emissions of 12,810st from all New Jersey power plants, DEP said.
With its petition, the state wants EPA to directly regulate the Portland plant by requiring installation of air pollution control technology or imposing stringent emissions rates that the Clean Air Interstate Rule has not addressed.
EPA was given 60 days to respond to the petition. But additional time is needed to make a finding on the interstate transport, EPA said. The 60-day period is not adequate to allow the public and the agency to make such a finding, which would cause the plant to cease operations within three months or meet emission limitations and compliance schedules determined by EPA, the federal agency said.
The agency still needs to complete the necessary technical review, develop a proposal and allow for notice and comment on the Portland plant's interstate contribution. EPA and state officials plan to meet soon to further understand the technical information, EPA said.
Officials with RRI could not be reached for comment. The company responded to the petition at the time of its filing by saying that it took compliance with environmental regulations seriously and operated the plant in compliance with all the measures required by Pennsylvania. The company is also aware that there may be future rules that will be imposed on coal-fired plants that are more restrictive than current permit standards and will comply with those when they are imposed.
With this extension, EPA has until 12 January 2011 to act.
The plant was also the subject of litigation filed in 2007 by then-New Jersey DEP Commissioner Lisa Jackson, now the EPA administrator, against EPA for ignoring New Jersey's objections to an operating permit renewal for the Pennsylvania plant. On 30 June, the parties jointly dismissed the case out of the US Court of Appeals for the Third Circuit because of an out-of-court settlement reached in March. The settlement established that EPA has one year to reopen New Jersey's petition to object to the permit renewal.
