New Jersey plans to sue the federal government for allegedly disregarding clean air laws regarding the permitting of a Reliant Energy Inc. coal-fired power plant in Pennsylvania.
Attorney General Stuart Rabner has formally notified the U.S. Environmental Protection Agency of his state´s intent to sue. The state objects to the proposed operating permit for the Portland Generating Station, owned by Reliant Energy Mid-Atlantic Power Holdings, located within one mile of New Jersey, directly across the Delaware River from Warren County, N.J.
Prevailing winds carry pollution from the plant into New Jersey, Rabner said.
The New Jersey Department of Environmental Protection petitioned the EPA July 21 to review the operating permit for the Upper Mount Bethel Township, Pa. facility. Despite the Clean Air Act requiring the EPA to respond to the petition within 60 days, the agency has not, he said.
Reliant Energy has modified the Portland Generating Station, allowing it to increase its emissions without installing additional pollution controls, according to the DEP. New Jersey is calling for an enforceable compliance schedule in the operating permit to eliminate all violations.
The permit also lacks operational limits, specifically heat input
limits, which would allow the plant to exceed air quality standards under
the Clean Air Act, the DEP said. Heat input limits restrict the amount of
coal burned each hour to control air contaminants.
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