Petitions Pursuant to Section 126 of the Clean Air Act:

Unlawful Transport of Emissions from the Coal-fired Portland Generating Station (“Portland Plant” or “Portland”) to New Jersey

May 12, 2010 Petition (Initial)
USEPA Delays Action on Section 126 Petition (July 12, 2010)
Commissioner Martin Wants USEPA to Hasten Action on RRI Energy’s Power Plant Pollution Issue (July 12, 2010)
Supplemental Petition (September 13, 2010)

USEPA Plan of Action Letter (Nov. 10, 2010)
New Jersey Responds to USEPA Plan of Action (Nov. 15, 2010)

EPA Pledges to Respond to DEP Petitions Seeking to Reduce Pollution from Pennsylvania Power Plant (Nov. 16, 2010)

• Letter to USEPA (March 11, 2010)
• Analysis of the Sulfur Dioxide Measurements from the Columbia Lake NJ Monitor

USEPA Responds to the Section 126 Petitions From New Jersey (April 7, 2011)

• USEPA Federal Register Notice of Proposed Rule Regarding NJ's 126 Petition
• USEPA Docket for NJ's 126 Petition

New Jersey Submits Comments to USEPA's Proposed Rule to Grant Section 126 Petition from New Jersey (June 13, 2011)

USEPA Federal Register Notice of Final Rule Approving NJ’s 126 Petition (November 7, 2011)

On March 31, 2011, the Unites States Environmental Protection Agency (USEPA) proposed to grant a petition submitted by the New Jersey Department of Environmental Protection (NJDEP) under section 126 of the Clean Air Act to reduce the impact to New Jersey's air quality from the emissions generated by the Portland Power Plant in Pennsylvania. The USEPA extended the public comment period on the proposed grant from May 27, 2011 to June 13, 2011. New Jersey submitted comments to the USEPA on June 13, 2011.

The State of New Jersey filed on September 17, 2010 a supplemental petition under Section 126 of the federal Clean Air Act, with the United States Environmental Protection Agency (USEPA) pursuant to Section 126(b) of the Clean Air Act (CAA or Act”), 42 U.S.C. § 7426(b) to reduce emissions from the coal-fired RRI Energy Portland Generating Station (“Portland Plant”) in Upper Mount Bethel Township, Northampton County, Pennsylvania. This supplemental petition provides additional analyses supporting the intial 126 petition submitted on May 12, 2010. Specifically, this supplement provides similar analyses for the new 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). These analyses show the Portland Plant’s sulfur dioxide impact on New Jersey's air quality is much greater, causing violations in a much larger area in New Jersey and Pennsylvania. In New Jersey, the impact is now extended to not only a greater portion of Warren County, but also into portions of Sussex, Morris and Hunterdon Counties.

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On May 12, 2010, the State of New Jersey filed a petition with the United States Environmental Protection Agency (USEPA) pursuant to Section 126(b) of the Clean Air Act (CAA or Act”), 42 U.S.C. § 7426(b), to reduce emissions from the coal-fired Portland Generating Station (“Portland Plant”) in Upper Mount Bethel Township, Northampton County, Pennsylvania. Section 126(b) of the CAA allows a State to petition the USEPA to take action to address stationary sources that “significantly contribute” to nonattainment of, or “interfere with maintenance” of a National Ambient Air Quality Standard (NAAQS) in other States. 

The NJDEP has determined that emissions from the Portland Plant are significantly contributing to nonattainment and/or interfering with maintenance of sulfur dioxide (“SO2”) and 24-hour fine particulate matter (“PM2.5”) NAAQS in Knowlton Township, Warren County, New Jersey. New Jersey’s modeling shows that Portland’s emissions have an adverse impact on New Jersey’s air quality, New Jersey’s ability to maintain and attain the NAAQS, and on public health and welfare. Through the 126 petition, New Jersey seeks direct EPA regulation of the Portland Plant and abatement of the Portland Plant’s emissions.

Item	Description	Downloadable Files
Entire Package	Letter, 126 Petition, and Exhibits	126_Petition_Complete.pdf (16.7 MB)
Letter	Cover Letter to the USEPA	126_Cover Letter.pdf (173KB)
126 Petition	126 Petition Document	126_Petition.pdf (1.34MB)
Exhibit 1	Picture of Portland Plant’s Smokestacks	Exhibit 1.png (607KB)
Exhibit 2	Excerpts from EPA’s Clean Air Markets Emissions Database – Portland Plant’s 2008/2009 Emissions	Exhibit 2.pdf (81KB)
Exhibit 3	Excerpts from EPA’s Clean Air Markets Emissions Database - New Jersey Power Generation Facilities Total 2009 Emissions	Exhibit 3.pdf (181KB)
Exhibit 4	Excerpts from EPA’s Clean Air Markets Emissions Graph	Exhibit 4.pdf (13KB)
Exhibit 5	Summary of the Air Quality Modeling Conducted to Assess the Impact of Emissions from the Portland Generating Station in New Jersey	Exhibit 5.pdf (29KB)
Exhibit 6	Table 1 Summary of CALPUFF Results 3-Hour SO2 NAAQS (1300 μg/m3) Table 2 Summary of CALPUFF Results 24-Hour SO2 NAAQS (365 μg/m3)	Exhibit 6.pdf (25KB)
Exhibit 7	CALPUFF Modeling Analysis of the Sulfur Dioxide and PM2.5 Impacts due to Emissions from the Portland Generating Station	Exhibit 7.pdf (782KB)
Exhibit 8	CALPUFF Modeling Analysis of the Sulfur Dioxide Impact of 2002 Actual Sulfur Dioxide Emissions from the Portland Generating Station	Exhibit 8.pdf (866KB)
Exhibit 9	Air Quality Modeling for the New Jersey Department of Environmental Protection (Prepared by Oris Solutions, LLC.)	Exhibit 9.pdf (1.54MB)
Exhibit 10	CALPUFF 1992-93 Modeling Analysis of the Sulfur Dioxide Impacts due to Emissions from the Portland Generating Station	Exhibit 10.pdf (3.26MB)
Exhibit 11	The Existence of Complex Wind Fields in the Region Surrounding the Portland Power Plant Site and the Use of CALPUFF	Exhibit 11.pdf (1.55MB)
Exhibit 12	Validation of CALPUFF in the Near-Field	Exhibit 12.pdf (13.2MB)

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