Proposed Settlement Agreement, Clean Air Act Citizen Suit

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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)(i