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PA Bulletin, Doc. No. 11-1744



RRI Energy Mid-Atlantic Power Holdings, LLC v. DEP; EHB Doc. No. 2010-135-M; and Fish and Boat Commission v. DEP and RRI Energy Mid-Atlantic Power Holdings, LLC; EHB Doc. No. 2010-153-M

[41 Pa.B. 5462]
[Saturday, October 8, 2011]

 The Commonwealth of Pennsylvania, Department of Environmental Protection (Department), the Fish and Boat Commission (Commission) and GenOn REMA, LLC, formerly known as RRI Energy Mid-Atlantic Power Holdings, LLC (GenOn), have agreed to a settlement of the previously referenced matter.

 The parties have agreed to a settlement, the major provisions of which provide for a revision to National Pollutant Discharge Elimination System Permit (NPDES Permit) No. PA0010031. As set forth in the settlement, the Commission and GenOn have agreed not to appeal from the final issuance of the revised NPDES Permit.

 GenOn operates a coal-fired steam electric generating plant known as the Shawville Generating Station, which is located in Bradford Township, Clearfield County (Shawville Facility). On or about August 9, 2010, the Department renewed NPDES Permit No. PA0010031, whereby the Department authorized and imposed certain effluent limitations, monitoring requirements and other conditions on discharges from the Shawville Facility to the West Branch Susquehanna River.

 On September 2, 2010, GenOn filed a Notice of Appeal challenging the renewed NPDES Permit, docketed at EHB Doc. No. 2010-135-M. On September 24, 2010, the Commission also filed a Notice of Appeal challenging the renewed NPDES Permit, docketed at EHB Doc. No. 2010-153-M.

 The settlement provides that the NPDES Permit will be revised to incorporate more stringent thermal limitations and to provide GenOn with a compliance schedule to achieve those limitations. It also provides that GenOn will make certain payments to the Commission for use in a project or projects, and resolves potential claims regarding the thermal discharges from the Shawville Facility.

 Copies of the full agreement are in the hands of the following individuals:

 Dawn M. Herb, Esquire
Assistant Counsel
Northcentral Regional Office
208 West Third Street
Suite 101
Williamsport, PA 17701-6448
(570) 321-6568

 Wayne Melnick, Esquire
Fish and Boat Commission
P. O. Box 67000
Harrisburg, PA 17106-7000
(717) 705-7827


 Donald C. Bluedorn II, Esquire
Babst, Calland, Clements and Zomnir, P.C.
Two Gateway Center
603 Stanwix Street
Pittsburgh, PA 15222
(412) 394-5400

Copies are also available at the offices of the Environmental Hearing Board (Board), and may be reviewed by any interested person on request during normal business hours.

 Any person interested in providing comment to the Board on the proposed Consent Order and Adjudication must do so within 30 days of the date this notice is published in the Pennsylvania Bulletin. Copies of all comments shall also be submitted to the attorney for each party listed previously.

 Any person believing himself aggrieved by the previous settlement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 30 days of this publication.

 If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the Pennsylvania Relay Service at (800) 654-5984.

 The Board is empowered to approve this settlement if no objection is timely filed with the Board.


[Pa.B. Doc. No. 11-1744. Filed for public inspection October 7, 2011, 9:00 a.m.]

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