Skip to Content


Clean Air Act Operating Permit Program; Petition on State Operating Permit for Newark Bay Cogeneration Partnership LP

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


Environmental Protection Agency (EPA).


Notice of Final Order on Petition on Clean Air Act Title V Operating Permit.


The Environmental Protection Agency (EPA) Administrator signed an Order dated August 16, 2019, responding to a petition related to a Clean Air Act (CAA) title V operating permit issued by the New Jersey Department of Environmental Protection (NJDEP) to Newark Bay Cogeneration Partnership LP for the Newark Bay Cogeneration facility located in Essex County, New Jersey, Operating Permit No. BOP160001, PI No. 07617.


The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view copies of the final Order, the Petition, and other supporting information. You may review copies of the final Order, the Petition, and other supporting information at the EPA Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007-1866. You may view the hard copies Monday through Friday, from 9:00 a.m. to 3:00 p.m., excluding federal holidays. If you wish to examine these documents, you should make an appointment at least 24 hours before the visiting day. Additionally, the final Order and Petition are available electronically at:​title-v-operating-permits/​title-v-petition-database.

Start Further Info


Suilin Chan, EPA Region 2, 212-637-4019,

End Further Info End Preamble Start Supplemental Information


Section 505(b)(1) of the CAA affords the EPA a 45-day period to review and object to, as appropriate, operating permits proposed by state permitting authorities under title V of the CAA. Section 505(b)(2) of the CAA authorizes any person to petition the EPA Administrator to object to a title V operating permit within 60 days after the expiration of the EPA's 45-day review period if the EPA has not objected on its own initiative. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the state, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or unless the grounds for the issues arose after this period.

The EPA received a petition from the Ironbound Community Corporation dated March 18, 2019 relating to the Permit. The petition was submitted under CAA § 505(b)(2) asking EPA to object to the Permit.

On August 16, 2019, the EPA Administrator issued an Order denying the Petition. The Order explains the basis for the EPA's decision.

Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner may request judicial review of those portions of an order that deny issues in a title V petition. Any petition for review shall be filed in the United States Court of Appeals for the appropriate circuit no later than December 10, 2019.

Start Signature

Dated: September 23, 2019.

Peter Lopez,

Regional Administrator, Region 2.

End Signature End Supplemental Information

[FR Doc. 2019-22328 Filed 10-10-19; 8:45 am]