40 CFR 51.105 - Approval of plans
Cite as | 40 CFR 51.105 |
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20 practice notes
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State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction
...multiple courts.\263\ --------------------------------------------------------------------------- \262\ See, e.g., 40 CFR 51.104(d) and 40 CFR 51.105. \263\ See, e.g., Sierra Club v. TVA, 430 F.3d 1337, 1346 (11th Cir. 2005) (``If a state wants to add, delete, or otherwise modify a SIP prov......
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Sierra Club v. Tennessee Valley Authority, No. 3:02-cv-2279-VEH.
...2% de minimis rule throughout the period in question was an illegal, unilateral modification of the Alabama SIP, 42 U.S.C. § 7410(I); 40 C.F.R. § 51.105, and that Alabama's interpretation of its state implementation plan (SIP) cannot change the Act's mandate of continuous compliance. Clean ......
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Sierra Club v. Tennessee Valley Authority, No. 04-15324.
...by a state court... cannot be given effect, because ... revisions and variances of properly promulgated SIPs require EPA approval"); 40 C.F.R. § 51.105 ("Revisions of a plan, or any portion thereof, will not be considered part of an applicable plan until such revisions have been approved by......
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The State Implementation Plan Process
...05-75269, 37 ELR 20026 (9th Cir. Jan. 30, 2007). 54. Hall v. EPA, 273 F.3d 1146, 1159, 32 ELR 20083 (9th Cir. 2001). 55. 40 C.F.R. §§51.104, 51.105. 56. 84 F.3d 304, 26 ELR 21157 (9th Cir. 1996). strate RFP for that standard. he court held that the two PM 10 NAAQS required independent treat......
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3 cases
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Sierra Club v. Tennessee Valley Authority, No. 3:02-cv-2279-VEH.
...2% de minimis rule throughout the period in question was an illegal, unilateral modification of the Alabama SIP, 42 U.S.C. § 7410(I); 40 C.F.R. § 51.105, and that Alabama's interpretation of its state implementation plan (SIP) cannot change the Act's mandate of continuous compliance. Clean ......
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Sierra Club v. Tennessee Valley Authority, No. 04-15324.
...by a state court... cannot be given effect, because ... revisions and variances of properly promulgated SIPs require EPA approval"); 40 C.F.R. § 51.105 ("Revisions of a plan, or any portion thereof, will not be considered part of an applicable plan until such revisions have been approved by......
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Sierra Club v. United States Envtl. Prot. Agency, 21-3057
...not interfere with "any applicable requirement concerning attainment and reasonable further 3 progress." 42 U.S.C. §§ 7410(l), 7501(1); 40 C.F.R. § 51.105. Or, if the EPA finds that a SIP is "substantially inadequate" to attain or maintain a given NAAQS or to otherwise comply with the Act, ......
1 firm's commentaries
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EPA Rejects Georgia SIP’s Automatic Rescission Powers
...rescinded federal standards in certain circumstances. In 2011, Georgia submitted its SIP revisions for approval by EPA as required by 40 CFR 51.105. The Georgia rules included a new definition for “subject to regulation,” which immediately vacated any federal air regulations repealed or oth......
1 books & journal articles
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The State Implementation Plan Process
...05-75269, 37 ELR 20026 (9th Cir. Jan. 30, 2007). 54. Hall v. EPA, 273 F.3d 1146, 1159, 32 ELR 20083 (9th Cir. 2001). 55. 40 C.F.R. §§51.104, 51.105. 56. 84 F.3d 304, 26 ELR 21157 (9th Cir. 1996). strate RFP for that standard. he court held that the two PM 10 NAAQS required independent treat......